PAGENO="0001" ` ~ 89th Congress 1~ COMMITTEE PRINT 1st Session ~O592~ AIR LAWS AND TREATIES OF THE WORLD PREPARED AT THE REQUEST OF Senator WARREN G. MAGNUSON, Chairman OF THE COMMITTEE ON COMMERCE UNITED STATES SENATE VOLUME II JULY 1, 1965 Printed for use of the Committee on Commerce U.S. GOVERNMENT PRINTING OFFICE 39-737 WASHINGTON: 1985 For sale by the Superintendent of I)ocuments, CS. Goverriiiient Printing Office Washington DC., 20402 - Price 54.50 PAGENO="0002" COMMITTEE ON COMMERCE WARREN G. MAGNU SON, 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 i'HILIP A. HART, Michigan HOWARD W. CANNON. Nevada DANIEL B. BREWSTER, Maryland MATJRINE B. NEUBERGER, Oregon ROSS BASS, Tennessee GERALD GRINSTEIN, Chief Counsel EDWARD JARRETT, Chief Clerk JEREMIAH J. KENNEY, Jr.. As8iSta.flt Chief Counsel RALPH HoRTON. Assistant Chief Clerk WILLIAM T. BEERS, Jr.. and JOHN M. BuaZJo, ~Staff Coungel NORRIS COTTON, New Hampshire THRUSTON B. MORTON, Kentucky HUGH SCOTT, Pennsylvania WINSTON L. PROUTY, Vermont JAMES B. PEARSON, Kansas PETER H. DOMINICK, Colorado II PAGENO="0003" CONTEXTS VOLUME I Page Letter of transmittal III 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 Buruadi 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 483 Cuba - 505 Czechoslovakia 519 Dahomey 549 Denmark 575 Dominican Republic 605 Ecuador 623 Egypt 631 El Salvador - 641 Ethiopia 691 Finland 695 France 699 Gabon 751 Germany 753 Ghana 785 Greece 823 Guatemala 839 Guinea 861 Haiti 863 Honduras 879 Hungary 921 Iceland 923 India 953 Indonesia 1117 Iran 1123 Iraq Ireland 1163 Israel - 1315 Italy 1319 III PAGENO="0004" IV CONTEXTS VOLUME II Page Ivory Coast 1409 Jamaica 1411 J~ i ian 1437 Jordan 1499 Kenya 1515 Korea 1517 Kuwait 1549 Laos 1577 Lebanon 1639 Liberia 1651 libya - 1673 Luxembourg 1699 Malagasy 1707 Malaysia 1709 Mali - 1711 Mauretania 1713 Mexico 1721 Morocco i745 Muscat and Oman 1793 Nepal 1795 Netherlands 1809 New Zealand 1829 Nicaragua 1849 Niger 1887 Nigeria 1909 Norway 1927 Pakistan 1961 Panama - 1969 Paraguay 2015 Peru - 2041 Philippine Islands 2083 Poland 2105 Portugal °131 Federation of Rhodesia and Nyasniand 2137 Rumania 2149 Rwanda Ruanda) 0183 Saudi Arabia 2185 Senegal 2209 Sierra Leone 2233 Somalia 2249 Federation of South Arabia 2251 Spain °253 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 Inion of South Africa 2459 lnion of Soviet Socialist Republics 2541 United Kingdom 2577 United States 2883 Upper Volta 3029 Uruguay 3031 `venezuela 3053 `Vietnam 3067 Yemen 30~ lugi sla via 3071 Zanzibar 3083 PAGENO="0005" CONTENTS VOLUME III PART 1. MULTILATERAL AVIATION AGREEMENTS Page 1. Convention Relating to the Regulation of Aerial Navigation (Paris, 1919) 3085 2. Convention on Commercial Aviation (Habana. 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 flANsPowr AGREEMENTS Australia 3241 &ustria 3255 Belgium 3269 Bolivia 3291 Brazil 3297 Burma Canada Chile China (Taiwan. Formosa) 3403 Colombia Cuba Czechoslovakia 3475 Denmark 3489' Dominican Republic 3.521 Ecuador Egypt (United Arab Republic) 3547 Finland 3561 France 3569 Germany (Federal Republic of) . 3631 Greece 3651 Iceland 3657 India Iran 3705 Ireland 3729 Israel Italy 3'iS5 Jamaica 3829 Japan 3833 Korea Lebanon Mexico 3951 Netherlands 3967 New- Zealand Norway 4005 Pakistan 4035 Panama 4053 Paraguay 4091 Peru 4101 Portugal 4125 Spain 4141 Sweden 4177 Switzerland 4209 Syria 4229 PAGENO="0006" VI CONTEXTS Page Thailand 4247 Turkey 4255 South Africa (Republic of) 4269 United Kingdom 4319 Uruguay 4357 Venezuela 43~3 APPENDIX 1. Route grants in bilateral agreements 4399 2. Status of international air services by U.S. and foreign air carriers_ 4422 Index 4463 PAGENO="0007" AIR LAWS AND TREATIES OF THE WORLD IVORY COAST Ivory Coast has not yet passed an air law, but applies the French Air Code. See France. 1409 PAGENO="0008" PAGENO="0009" JAMAICA No. 37 THE COLONIAL AIR NAVIGATION (APPLICA- TION OF ACTS) ORDER, 1937 1 Regulatio~s 2 (made under paragraph 9 of the First Schedule to the above Order) THE AIR NAVIGATION (INVESTIGATION OF ACCIDENTS) REGULATIONS, 1953 In exercise of the powers conferred upon the Governor by the Colonial Air Navigation (Application of Acts) Order, 1937, and of all other powers enabling him in that behalf, the following Regulations are hereby made: 1. These Regulations may be cited as the Air Navi- gation (Investigation of Accidents) Regulations, 1953, and shall come into operation on the 1st day of April, 1953. Interpretation and Application of Regulatiofls 2. (1) In these Regulations, unless the context otherwise requires- "accident" includes any fortuitous or unex- pected event by which the safety of an aircraft or any person is threatened "aircraft" includes all balloons (whether cap- tive or free), gliders, airships and flying ma- chines; "air navigation" includes in relation to any purpose of these Regulations, navigation of an aircraft during the time from which any per- son boards it with the intention of flight until every such person has disembarked; "Court of Summary Jurisdiction" means a Resident Magistrate exercising special statutory summary jurisdiction: "Governor" includes, in relation to any pur- pose of these Regulations, any person authorized by the Governor for the purpose, and references to a person authorized by the Governor include references to the holder for the time being of any office designated by t.he Governor; "Jamaica" means the Island of Jamaica and 1The Colonial Air Navigation Order 1961 is in effect In Jamaica. 2 Published in the Jamaica Gazette Supplement. proclamations, rules, and regulations. vol. LXXVI, March 31, 1953. No. 17. ~ All references to "Governor" or "Governor In Council" now read "Minister." 1411 PAGENO="0010" 1412 AIR LAWS AND TREATIES OF THE WORLD the Dependencies and includes the territorial waters adjacent. thereto; "owner' means, where an aircraft is registered, registered owner; "substantial damage" includes any damage which necessitates the replacement or extensive repair of any major component. ~i7of (~) The Interpretation Law, 1943, shall apply to the Interpretation of these Regulations. 3. (1) These Regulations relate to civil aviation only and shall apply to accidents arising out of or in the course of air naviagation which occur to any civil aircraft in or over Jamacia, or elsewhere to civil aircraft registered in Jamacia. (~) The provisions of these Regulations shall not ap- ply to an aircraft, belonging to or exclusively employed in the service of Her Majesty. .Votifica.tion of Accidents 4. (1) An accident (to which these Regulations apply) shall be notified in accordance with the provisions of paragraph (~) of this Regulation if, between the time when any person boards an aircraft with the intention of flight and such time as all persons have disembarked therefrom- (a) any person suffers death or serious injury while in or upon the aircraft or by direct contact with the aircraft. or anything attached thereto; or (b) the aircraft receives substantial damage. (~) Where. au accident. occurs of which notification is rec~uirecl to be given under paragraph (1) of this regula- tion, the person in command of the aircraft involved at the time of the accident or if lie be killed or incapacitated then the next. senior uninjured officer of the aircraft (if any), or if there is no uninjured officer then the owner, operator, hirer, or other person on whose behalf he was in command of the aircraft, as the. case may be, shall forth- with send notice thereof, by the quickest means of corn- municatioui available to the Inspector of Accidents, and if the accident occurs in or over Jamacia he shall also notify the constable in charge of the nearest police sta- tion. (3) The notice shall be sent as soon as possible, and if the accident occurs in or over Jamacia, within twenty- four hours after the occurrence of the accident, unless the person whose duty it. is to send the notice proves that it was not possible to send it within that time. (4) In every case the notice shall state as far as pos- sible- (a) the type, nationality and registration marks of the aircraft; (b) the name of the. owner, operator and hirer, if any, of the aircraft; PAGENO="0011" AIR LAWS AND TREATIES OF THE WORLD 1413 (c) the name of the person in command of the air- craft; (d) the date, Greenwich Mean Time, and the local time of the accident; (e) the last point of departure and the next point of intended landing of the aircraft; (f) tile position of the aircraft with reference to some easily defined geographical point; (g) the number of persons (if any)- (i) killed; (ii) seriously injured as a result of the acci- dent; (h) the nature of the accident so far as is known; (i) brief particulars of damage to the aircraft. (5) Upon receipt of such notice the Inspector of Acci- dents shall with the least possible delay send a copy there- of to the Governor. (6) Where an accident to which these Regulations apply occurs, whether in or over Jamaica or elsewhere, the owner, operator or hirer of the aircraft shall, if so required by notice in writing from either the Governor or the Inspector of Accidents send to the Inspector of Accidents within such time as may be specified in the notice, such information with respect thereto as may be required by the notice. (7) In the case of an accident occurring in or over Jamaica to an aircraft registered outside Jamaica the Governor shall forward tile information provided under paragraph (4) of this regulation to the State of Regis- tration of the aircraft concerned with the least possible delay and by the quickest. means of communication avail- able, at the same time in(licatmg to what extent an in- quiry or investigation will be carried out. Removal of da rnar,ed a ii'craft 5. (1) Where an accident occurs in or over Jamaica of which notification is required to be givell under regu- lation 4 of these Regulations, no person other than an authorized person shaH have access to the aircraft in- volved in the accident and the aircraft shall not, except under the authority of the Inspector of Accidents or some other person authorized by the Inspector of Accidents for that purpose, be removed or otherwise interfered with: Provided that- (i) the aircraft may be removed or interfered with so far as may be necessary for the purpose of extri- cating persons or animals involved, removing any mails carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public or to air navigation or to otliei tra11~I)ort PAGENO="0012" 1414 AIR LAWS AND TREATIES OF THE WORLD (ii) goods or passengers' baggage may be removed from the aircraft under the supervision of a consta- ble, but if the aircraft has come from a place out- side ,Jamaica, shall not be removed from the vicinity of the aircraft. except on clearance by or with the consent of an officer of Customs and Excise; (iii) if an aircraft. is wrecked on the water, the aircraft or any contents thereof may be removed to such extent as may be necessary for bringing it or them to a place of safety. (2) In this regulation the expression "authorized per- soii' means ai ~ authorized by the Inspector of Accidents either gemierafly or specially to have access to any aircraft involved in an accident and includes any constable or any officer of Customs and Excise. Inspector's Investigation 6. (1) For the purposes of ca.rrying out investigations into the causes and circumstances of accidents to which these Regulations apply, the Governor shall appoint, gen- erally or in any special case, a fit person to be an In- spector of Accidents. (2) The Governor may cause an investigation to be carried out by an Inspector of Accidents of any accident to which these Regulations apply, whether or not such accident is one whereof notification is required to be given under regulation 4 of these Regulations. (3) Public notice that such investigation is taking place shall be given in such manner as the Governor may think fit and shall state that any person who may desire to make representations concerning the circumstances or causes of the accident may do so in writing within a time to be specified in the notice. 7. With respect to any investigation by a.n Inspector of Accidents, the provisions of the subjoined paragraphs shall have effect- (1) The Inspector of Accidents by whom the In- vestigation is made (in this regulation referred to as ~the Inspector") shall have power- (a) by summons under his hand to call be- fore him and examine all such persons as he thinks fit., to require such persons to answer any questions or furnish any information or pro- duce any books, papers, documents, and articles which the Inspector may consider relevant, and to retain any such books, papers, documents and articles until the completion of the investigation (b) to take statements from all such persons as he thinks fit. and to require any such person to make and sigu a. dec.lera.t.ion of the truth of the statement made by him; PAGENO="0013" AIR LAWS AND TREATIES OF THE WORLD 1415 (c) to have access to and examine any air- craft involved in the accident, and the. place where the accident occurred, and for that pur- pose to require any such aircraft or any part or equipment thereof to be preserved unaltered pending examination; (d) to examine, remove, test, take measures for the preservation of, or otherwise deal with the aircraft or any part thereof or anything contained therein; (e) to enter and inspect any place or building the entry of inspection whereof appears to the Inspector to be requisite for the purpose of the investigation (f) to take measures for the preservation of evi clence. (~) The investigation shall be held in private. (3) Where it appears to the Inspector that in order to resolve any conflict of evidence or that for any other reason it. is expedient so to do, he may per- mit any peison to appear before him and call evi- dence and examine witnesses. (4) Where it appears to the Inspector that any degree of responsibility for the accident. may be at- tributeci to any person, and if it appeals to the In- spector to be practicable so to do, that person or, if he be deceased, his legal personal representatives shall be given notice that blame may be attributed to him and be permitted to make a statement or give evidence and to produce witnesses and to examine any witnesses from whose evidence it appears that he may be blameworthy. (5) The Attorney General may intervene at any stage of an investigation in order to make repre- sentations or to examine witnesses if it appears to him expedient so to do in the public interest. (6) Every person summoned by the Inspector as a witness in accordance with this regulation may be allowed such expenses as the Governor in Executive Council may from time to time determine. (~) W~here an accident has occurred in or over Jamaica to an aircraft. registered ~ll any country other than Jamaica, the Governor may authorize an investigator appoint ed by t lie duly competent au - thorit.v of that other country to carry out an investi- gation, and in that event the Governor shall, so far as he is able, facilitate inquiries by the investigator so appointed. 8. i'~pon the completion of an investigation, the Inspec- tor of Accident.s authorised to make the inquiry shall make a report to the Governor, lie shall state the cir- cumstances of the case and his conclusions as to the cause of the accident, adding any observations and recom- PAGENO="0014" 1416 AIR LAWS AXD TREATIES OF THE WORLD inendations which he thinks fit to make with a view to the preservation of life and the avoidance of similar acci- dents in future. He shall also state to what extent effect has been given to the provisions of paragraph (4) of regulatioii 7 of these Regulations. The Governor may cause the whole or any part of such report to be made public in such manner as he thinks fit. Pub7;c Inquiries 9. (1~ Where it appears to the Governor that it is ex- pedient to hold a Public Inquiry into the causes and cir- cuinstances of an accident to which these Regulations apply, he may direc.t that a Public Inquiry be held by a Commissioner appointed by him, and in any such case any investigation being carried out by an Inspector of Accidents relating to the accident shall be discontinued. (~) The Commissioner (hereinafter called "the Court") shall be a member of the Bar of England or a Solicitor of the Supreme Court of Judicature of Jamaica of not less than ten years standing in either case. The Court shall be assisted by not less than two Assessors possesing aeronautical, engineering or other special skill or knowledge, one of whom may be an Inspector of Acci- dents. The Assessors shall be appointed by the Gov- ernor. (3) Where t.he Governor has directed a Public In- quiry to be held, he shall remit the case to the Attorney General, and thereafter the preparation and presentation of the case shall be presented under the direction of the Attorney General; the Inspect or of Accidents shall render such assistance to the Court and to the Attorney General as is in his power and for that purpose shall have the powers conferred by paragraph (1) of regulation 7 of these Regulations on an Inspector of Accidents with respect to an investigation conducted by him. (4) Every Public Inquiry held unde.r these Regula- tions shall be conducted in such manner, that, if a charge is made against a.ny person, that person shall have an opportunity of making a defence. (5) When a Public Inquiry has been ordered the At- torney General may cause a notice, to be called a notice of enquiry, to be served upon t.he owner, operator, hirer and person in command of any aircraft involved in the accident, as well as upon any person who, in his opinion, ought to be served with such notice. The notice shall contain a statement of the questions which on the infor- mation then in the possession of the Attorney General lie intends to raise on the hearing of the inquiry, and the Attorney General may, at any time before the hearing of the inquiry, by a subsequent notice amend, add to, or omit any of the questions specified in the notice of inquiry. (6) The Attorney General, the owner, the opera.tor, the hirer, the person in command and any other person upon PAGENO="0015" AIR LAWS AND TREATIES OF THE WORLD 1417 whom a notice of inquiry has been served, shall be deemed to be parties to the proceedings. (8) The Court shall have, for the purposes of the in- quiry, all the powers of a Court of Summary Jurisdiction, and without prejudice to those powers, the Court may- (a) enter and inspect, or authorise any person to enter and inspect, any place or building entry or in- spection whereof appears to the Court requisite for the purposes of the inquiry; (b) by summons require the attendance as wit- nesses of all such persons as the Court thinks fit to call and examine, and require such person to an- swer aiiy questions or furnish any information or produce any books, papers, documents and articles which the Court may consider relevant; (c) administer the oath to any such witness, or require any such witness to make and sign a declara- tion of the truth of the statements made by him in his examination. (9) The Assessors shall have the same powers of en- try and inspection as the Court. (10) Affidavits and statutory declaratinns may, by permission of the Court and saving all just exceptions, be used as evidence at the hearing. (11) At the time and place appointed for holding the inquiry the Court may proceed with the inquiry whether the parties, upon whom a notice of inquiry has been served, or any of them are present or not. (12) The Court shall hold the inquiry in open Court save to the extent to which the Court is of opinion that in the interest of justice or in the public interest any part of the evidence, or any argument relating thereto, should be heard in camera. (13) The proceedings on the inquiry shall commence with the production and examination of witnesses on behalf of the Attorney General. These witnesses, after being examined on behalf of the Attoriiey General may be cross-examined by the parties in such order as the Court may direct, and may then be re-examined on behalf of the Attorney General. Questions asked and docu- ments tendered as evidence jn the course of the examina- tion of these witnesses shall not be open to objection mere- ly on the ground that they do or may raise questions which are not contained in or which vary from the ques- tions specified in the notice of inquiry or subsequent notices referred to in paragraph (4) of this regulation. (14) When the examination of the witnesses produced on behalf of the Attorney General has been concluded, the Attorney General shall state the questions in reference to the accident and the conduct of persons connected with the accident upon which the opinion of the Court is desired. In framing the. questions for the OI)iuion of the Court, the Attorney General shall make such inodifi- PAGENO="0016" 1418 AIR LAWS AND TREATIES OF THE WORLD cations in, additions to or omissions from the questions in the notice of inquiry or subsequent notices referred to in paragraph (5) of this regulation, as, having regard to the evidence which has been given, the Attorney General or the Court may think fit. (15) After the questions for the opinion of the Court have~ been stated~ the Court~ shall proceed to hear the parties to the proceedings upon and determine the ques- tions so stated. Each party to the proceedings shall be entitled to address the Court. and produce witnesses or recall any of the witnesses who have already been exam- ined for further examination and generally adduce evi- dence. The~ parties shall be heard and their witnesses examined, cross-examined and re-examined in such or- der as the Court shall direct. Further witnesses may also be produced and examined on behalf of the Attorney Gen- eral and may be cross-examined by the parties and re- examined on behalf of the Attorney General. (16) When the -,vliole of the evidence in relation to the questions for the opinion of the Court has bGen con- cluded any of the parties who desires so to do may address the Court~ upon the evidence a.nd the Court may be ad- dressed in reply upon the whole case on behalf of the Attorney General. (17) The Court may adjourn the inquiry from time to time and from place to place, and where an adjournment is asked for by any party to the inquiry, the Court may impose such terms as to payment of costs or otherwise as it may think just. as a condiiton of granting the adjourn- ment.. (18) The Court shall make a report to the Governor stating fully the circumstances of the case and the. opin- ion of the Court touching the causes of the accident and adding any observations and recommendations which the Court thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future, including a recommendation for the cancellation, suspen- sion or endorsement of any licence, certificate or other document. (19) Each Assessor shall either sign the report with or without reservations, or state in writing his dissent therefrom and his reasons for such dissent, and such res- ervations or dissent and reasons (if any) shall be for- warded to the Governor with the report. The Governor, shall, unless there are good reasons to the contrary, cause any such report a.nd reservations or dissent and reasons (i~ an\-) to be made public wholly or in part in such man- ner as lie thinks fit. Cap. 445. (20) Every person attending as a witness before the Court shall be allowed such expenses as may be allowed under the provisions of the Witnesses' Expenses Law to a witness attending at any legal proceeding: Provided that, in the case of any party to the proceedings or any PAGENO="0017" AIR LAWS AND TREATIES OF THE WORLD 1419 person in the employment of such a party, any such ex- penses may be disallowed if the Court., in its discretion, so directs. (21) The Court may order the costs and expenses of the inquiry, or any part thereof, to be paid by any party, if it finds that the accident was due to the act or default or negligence of that party or of any person in the em- ployment of that party; and any such order shall, on the application of any person entitled to the benefit thereof, be enforced by a Court of Summary Jurisdiction as if the costs and expenses were a fine imposed by that Court., but., subject to any such order, such c.osts and expenses shall be defrayed from General Revenue.. (22) Any notice, summons or other document issued under this regulation, may be served by sending the same by regist.ered post t.o t.he last known address of the person to be served. (23) The service of any notice, summons or other docu- ment may be proved by the oath or affidavit of the person by whom it was served. (24) The Commissioner and Assessors appointed un- der this regulation may be paid such remuneration and allowances (if any) as the Governor in Executive Coun- cii may direct.. Rehearing of Public Inquiries 10. (1) The Governor may, in any case where a Public Inquiry has been held, direct a rehearing of the inquiry either generally or as to any part. thereof and shall do so- (a) if new and important evidence which could not be produc.ed at the inquiry has been discovered; or (b) if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred. (2) If the Governor directs any inquiry to he rehe.ard, he may order that the inquiry shall be reheard either by the Court by whom the inquiry was heard in the first instance or by some other person appointed by him to hold the rehearing. (3) Any rehea.ring shall be. subject. to and conducted in accordance with the provisions of these Regulations relating to the holding of Public Inquiries. General 11. Where an Inspector's Investigation or a Public In- quiry relates t.o an accident which has occurred in or over Jamaica to an aircraft registered in any country other than the United Kingdom, an accredited representative of the country in winch the a.ii'craft is registered~ or of any country which has, on request, furnished informa- 39.-737~65--vo1 II-2 PAGENO="0018" 1420 AIR LAWS AND TREATIES OF THE WORLD tion in connection with the accident, may take part in the investigation or in the inquiry as the case may be; and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country by which he is appointed. 12. (1) A pei~on shall not obstruct or impede the Court or an Inspector of Accidents or an Assessor or any person acting under the authority of the Governor in the exercise of any powers or duties under these Regulations; (2) A person shall not without reasonable excuse (proof whereof shall lie on him) fail after having had the expenses (if any) t.o which he is entitled tendered to him, to comply with any summons or requisition of the Court holding a Public Inquiry or an Inspector of Acci- dents holding an Investigation under these Regulations. Cap. 322. 13. Nothing in these Regulations shall limit the powers of any Receiver of Wreck under the Wreck and Salvage Law or of any authority under any Order in Council made under the Air Navigation Acts, 1920-1947, to can- cel, suspend or endorse any licence or certificate or any validation thereof. 14. (1) Any person contravening or failing to comply with these Regulations or any provisions thereof shall be liable on summary conviction thereof to a fine not exceed- ing Fifty Pounds, or to imprisonment with or without hard labour for a term not exceeding three months. (2) In this regulation "summary conviction" means- (a) where the offence occurs in the Island of Jamaica conviction before a Resident Magistrate exercising special statutory summary jurisdiction; (b) where the offence occurs in the Turks and Caicos Islands conviction before the Magistrate exercising special statutory summary jurisdiction; (c.) where the offence occurs in the Cayman Is- lands conviction before a Justice of the Peace exer- cising statutory summary jurisdiction. Given under my hand at King's House, Jamaica this twenty-fourth day of March, 1953. No., 102 THE CIVIL AVIATION ACT, 1949 1 AND THE COLONIAL CIVIL AVIATION (APPLICATION OF ACT) ORDER, 1952 TnE AIR TRANSPORT (LICENSING OF AIR SERvIcES) REGULATIONS, 1953 * * * 2 In exercise of the powers conferred upon the Governor by section 13 of the Civil Aviation Act, 1949, as extended Published In the Jamaica Gazette Supplement, proclamations, rules, and regulations, vol. LXXVI, July 17. 1953, No. 54). 2 All references to `Governor" or "Governor in Council" read "Minister." PAGENO="0019" AIR LAWS AND TREATIES OF THE WORLD 1421 to Jamaica (including Turks and Caicos Islands and the Cayman Islands) by the Colonial Civil Aviation (Ap- plication of Act) Order, 1952, the following Regulations are, with the approval of the Secretary of State for the Colonies, hereby made :- 1-(1) These Regulations may be cited as the Air Short title and Coin- Transport (Licensing of Air Services) Regulations, 1953, mencement. and shall come into force on the 17th day of July, 1953. (2) The Air Transport (Licensing of Air Services) Cancellations. Regulations, 1953, published in the Jamaica Gazette Sup- plement Proclamations, Rules and Regulations dated the 6th day of February, 1953, are hereby cancelled. Amendment Gaz. 20. Mar. 27, 1952. "(3) Anything which has been done before the coming into force of these Regulations in purported exercise of any such powers as are contained in the Regulations can- celled under paragraph (2) of this regulation, and which would have been lawfully done if these Re~u1ations had come into operation on the 1st day of April, 1953, shall be deemed to have been lawfully done." PART I Intei~~re tat i~n Interpretation. 2. In these Regulations and the Schedule thereto un- less the context otherwise requires- "air service" means any service performed by any aircraft for hire or reward: Provided that a member of a club carried in any aircraft belonging to the club for the purposes of instruction shall not, if the instructor is also a mem- her of the club, be deemed to be carried for hire or reward, notwithstanding that payment is made for such instruction or carriage; "the Colony" means the island of Jamaica, the Turks and Caicos Islands and the Cayman Islands; "the Convention on International Civil Aviation" and "the International Air Services Transit Agree- ment" mean respectively the Convention and the Agreement so styled which were signed at Chicago on behalf of the Government of the United Kingdom on the 7th December, 1944. "the Director of Civil Aviation" means the person for the time being lawfully discharging in the Col- ony the functions of the office of Director of Civil Aviation; "licence" means a licence granted under regulation 6 of these Regulations; "the Licensing Authority" means the Air Trans- port Licensing Authority constituted by regulation 5 of these Regulations: "permit" means a permit granted under regulation 24 of these Regulations; PAGENO="0020" 1422 AIR LAWS AND TREATIES OF THE WORLD "provisional licence" means a licence granted under regulation 14 or 15 of these Regulations; "Schedule" means the Schedule to these Regula- tions; `scheduled journey" means one of a series of jour- neys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereto are available to members of the public from time to time seeking to take advantage of them; "the two Corporations" means the British Over- seas Airways Corporation and the British European Airways Corporation. PART II Lice nce.c for ~S?c/ledu led Journeys Application 3. This part of these Regulations shall not apply to the carriage of passengers, mail, or cargo by air for hire or llegu1ation~. i~e~vai~1 upon journeys other than scheduled journeys. Licence -1--(1) ~ubject~ to the provisions of these Regulations, it shall not be lawful for any person to use any aircraft j~jfjt~~ for the carriage in the Colony of passengers, mail or cargo journeys for hire or reward upon any scheduled journey between ~r~rcl two l)1~ices of which at least one is in the Colony, except under and in accordance with the provisions of a licence or a l)loViSiolial I iceilce granted by the Licensing Author- itv hereinafter specified. (~) Any person who uses any aircraft in contraven- tion of the provisions of this Regulation shall be guilty of an offence triable summarily by a Resident. Magistrate or on indictment before a Circuit Court, and on convic- tion thereof shall be liable- (a) in the case of a first offence to a fine not ex- ceeding five hundred pounds or to imprisonment for a term not. exceeding three months or to both such fine and imprisonment; (b) in the. case of a second or subsequent offence on summary conviction by a Resident Magistrate to a fine not exceeding five hundred pounds or to im- prisonment~ for a term not exceeding three months or to both such fine and imprisonment; (c) in the case of a second or subsequent offence where such offence is tried on indictment, to a penalt.y not exceeding five thousand pounds or to imprison- ment for a term not exceeding two years or to both such fine and imprisonment.. (3) The provisions of this Regulation shall not apply in respect of the aircraft. of any State, which is a party to the International Air Services Transit Agreement, which fly across the Colony without landing or land in the Colony in accordance with the provisions of that Agreement. PAGENO="0021" AIR LAWS AND TREATIES OF THE WORLD 1423 5- (1) The Licensing Authority for the purposes of e~~P01t this part of these Regulations shall consist of such num- Authority. ber of members, not being less than three, as the Governor in Executive Council may from time to time determine, and shall be known as "the Air Transport. Licensing Authority". (2) Every member of the Licensing Authority shall he appointed by the Governor in Executive Council and, unless he shall earlier resign his office by writing under his hand addressed to the Governor in Executive Council, shall hold office for such term as the Governor in Executive Council shall at t.he time of making the appointnient determine but shall be eligible for re- appointment from time to time on the expiration of his term of office. The Governor in Executive Council shall nominate one of the members to be Chairman. (3) The Governor in Executive Council may from .t.ime to time appoint deputy members to ac.t in the place of members who are ill or absent. Such deputy members may be appointed either for a specified term or to act in the place of a specified member during his illness or absence.. (4) The Governor in Executive Council may re- move any member or deputy member from his office for inability or misbehaviour. (5) (a) Where the Governor in Executive Coun- cil proposes to appoint a person to be a member or deputy member of the Licensing Authority, he shall, before making the appointment, require that person t.o declare whet.her he has any, and if so what, financial interest in any undertaking- (i) which provides transport for passengers or goods; or (ii) which owns or operate.s aerodromes; or (iii) which manufacturers aircraft, aircraft en- gines or accessories: or (iv) which supplies aircraft fuel or lubricants (b) If a.ny member or deputy member of the Lic.ensing Authority acquires a.ny such financial interest, he shall, within four weeks after so doing, give notice thereof in writing to the Governor in Executive Council specifying the interest. so ac.quired, and the Governor in Executive Council after taking the matter into consideration may, if he thinks fit., declare that. the member or deputy mem- ber has vacated his office and the seat of such member or deputy member shall thereupon become vacant. (6) (a) The Governor in Execut.ive Council may ap- point a person to be Secretary to t.he Licensing Author- ity. (b) The Lice.nsing Authority may appoint such other officers and servants as may, in the opinion of the Gover- nor in Executive Council, be necessary to enable them to discharge their duties. PAGENO="0022" 1424 AIR LAWS AND TREATIES OF THE WORLD (c) The number of members which shall form a quo- rum of the. Licensing Authority for the despatc.h of busi- ness and the way in which the Licensing Authority shall determine questions for their decision shall be such as the Governor in Executive Council ma.y from time to time prescribe. Grant of 6- ( 1 ) The Licensing Authorit.y may grant to any per- son applying therefor a licence to carry passengers, mail or cargo by air for hire or reward on such scheduled jour- neys, and subject to such conditions, as may be specified in the licence. (2) The Licensing Authority may attach such condi- tions to any licence as they may think fit, having regard to the nature and circumstances of the applications t herefor. (3) It shall be a condition of every licence- (a) that the holder of the licence and any person having a financial interest in the business of the holder of the licence shall refrain from stipulating that any other person shall- (i) refuse booking facilities to any other holder of a licence: (ii) grant. such facilities to such holder only on onerous terms: and (b) that the holder of the licence shall perform all such reasonable services as the Postmaster General may from time to time require in regard to the con- vevance of mails and of any persons who may be in charge thereof upon journeys made under the licence. The remuneration for any such services shall be such as may be from time to time determined by agreement between the Postmaster General and the holder of die licence : and (c.) that any dispute, difference or question which may arise as to the remuneration to be paid to the holder of the licence in respect of such services, or as to the rights. duties or liabilities of the holder of the licence or the Postmaster General hereunder, or otherwise in relation to any of the matters aforesaid, shall in default of agreement be referred to a single arbitrator in pursuance of the provisions of the Arbitration Law or any then subsisting statutory re- ellactment. or modification thereof. Cap. 437. 7- (1) Applications for licences shall be made in the ~ form and manner and shall contain the particulars, pre- scri bed in the Schedule. (2) Every applicant shall furnish to the Licensing Au- tlioritv such further information as the Licensing Au- thoritv may reasonably require for the discharge of their duties in relation to the application. ~U~t~~rs 8. The Licensing Authority shall cause to be published, of application, in the manner prescribed in the Schedule, such particulars of any applications for licences received by them as are prescribed in the Schedule. PAGENO="0023" AIR LAWS AND TREATIES OF THE WORLD 1425 9. Any Government officer acting on the instructions of the Governor in Executive Council, any person pro- viding transport by air for passengers or goods, or any owner of an aerodrome may, in the form and maimer, and within the time, prescribed in the Schedule, make repre- sentations or objections with regard to the application for a licence. 10- (1) The Licensing Authority may, if they think fit, for the purpose of determining applications for li- Authority. cences, hold enquiries in public or private and shall hold an enquiry in public if the applicant, or any person who has duly made any representations or objections, requires the Licensing Authority so to do, by such notice, in such form, as is prescribed in the Schedule. (2) Before holding any such enquiry the Licensing Authority shall give to the applicant, and to any person who has duly made representations or objections with re- gard to the application, such notice, in such form, as is prescribed in the Schedule and shall give the applicant and any such person an opportunity of being heard at the enquiry. 11. Where an application is made to the Licensing Au- ~e~g thority for a licence to remain in force for a period not Authority to exceeding thirty days and they are satisfied that it is in ~ ~ the public interest that the application should be deter- mined with expedition, they may determine the applica- cation of tion and grant a licence accordingly; and the provisions particulars. of this Part of these Regulations as to the publication of particulars of applications, the making of objections and representations, and the holding of enquiries at the in- stance of the applicant or an objector shall not in that case apply. 12. In exercising their discretion to grant. or to refuse, Matters to be a licence and their discretion to attach conditions to any ~ by licence the Licensing Authority shall have regard to the Authority. co-ordination and development of air services generally with the object of ensuring the most effective service to the public while avoiding uneconomical overlapping, and generally to the interests of the public including those of persons requiring or likely to require facilities for air transport as well as those of persons providing such facil- ities. In particular the Licensing Authority shall have regard to the following matters- (a) t.he existence of other air services in the area through which the proposed services are to be operated; (b) the demand for 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 by ot.her operators; (d) the period for which such services have been operated by the applicant or by other operators; (e) the extent to which it is probable that the applicant will be able to provide a satisfactory serv- PAGENO="0024" 1426 AIR LAWS AND TREATIES OF THE WORLD ice in respect of safety, continuity, regularity of op- eration, frequency, punctuality, reasonableness of charges, and general efficiency; (f) the financial resources of the applicant; (g) the type of aircraft proposed to be used; (Ii) the remuneration and general conditions of employment of aircrew and other personnel em- ployed by the applicant. and the Licensing Authority shall take into consideration any objections or representations duly made in accord- ance with the provisions of these Regulations. Duration of 13. The Licensing Authority may grant licences to Licence, remain in force for such period, not exceeding five years, as they may in each case determine, commencing on the (late Ofl which the license is expressed to take effect: Pro- vided that if, on the date of the expiration of a licence, an applicant to the Licensing Authority is pending for the grant of a new licence in substitution for an existing licence held by the applicant, the existing licence shall continue in force~ until the application is granted or refused. Provisional 14. The Licensing Authority may, if they think fit, g deter- pending the determination of an application for a licence, mination of grant to the applicant a provisional licence which shall application. remain in force until the application is determined. 15. Where a person has, within one month of the date when flie. I~\~~ons of these Regulations as to applica- tions for licence come into operation, duly applied for a Provisional licence authorising him to perform such journeys as may licence to be ne('essarv to enable him to continue to operate any air operation of service and satisfies the Licensing Authority that he was air service. imnmediatelv before that (late Operatilig that service the Licensing Authority shall grant. to the applicant a provi- sional licence authorising him to continue to operate that service itn(l such provisional licence shall remain in force- (a) if the application is granted, until the date from which the licence is expressed to take effect.; or (b) if the application is refused, for a period of three months from the date of the decision of the Licensing Authority. Publication 16. The Licensing Authority shall cause to be pub- ~ lishe.cl in the manner prescribed in the Schedule such par- ticulars of their decisions on applications for licences and of their decisions to revoke or suspend a licence as are prescribed in the Schedule. Powerto 1T-(1) subject to the provisions of paragraph (2) da of this Regulation, the Licensing Authority may revoke licence, or suspend a. licence- (a.) if the holder of the licence has, since the li- cence w-as granted, been convicted of an offence against Regulation 4 or Regulation 23 of these Reg- ulations; or PAGENO="0025" AIR LAWS AND TREATIES OF THE WORLD 1427 (b) where the holder of the licence is a body cor- porate, if any officer of that body corporate has, since the licence was granted, been convicted, in his capacity as such officer, of an offence against regula- tion 4 or regulation 23 of these Regulations; or (c) if the holder of the licence has failed to com- ply with any condition subject to which the licence was granted. (2) Before revoking or suspending any license under sub-paragraph (c) of paragraph (1) of this Regu- lation, the Licensing Authority- (a) shall give to the holder of the licence such notice as is prescribed in the Schedule, specifying the grounds upon which it is proposed to revoke or suspend the licence; and (b) shall hold a public enquiry, if the holder of the licence, by such notice in suc.h form as is pre- scribed in the Schedule, require them so to do, and the Licensing Authority shall not revoke or suspend t.he Licence unless they are satisfied that, owing to the frequency of the failure on the part of the holder to comply with conditions or to the failure having been wilful, the licence shall be revoked or suspended. (3) The expression "officer" in sub-paragraph (b) of paragraph (1) of this Regulation means a Director, General Manager, Secretary or other similar officer and includes any person who, with the authority of the body corporate, acts as such officer. 18. A licence may at any time be surrendered by the Surrender holder to the Licensing Authority for cancellation. If, of licence. during the currency of a licence, the holder applies to the Licensing Authority for a new licence in substitution for the current licence, lie shall, if a new licence is granted, surrender the current licence for cancellation on the date from which the new licence is expressed to take effect.. 19-(1) There shall be paid to the Accountant Gen- Fee for eral- Licence. (a.) in respect. of every licence, a fee of ten pounds in respect. of each year, or part of a. year, of the term for which the licence, is expressed to remain in force. (b) in respect. of every provisional licence granted under Regulation 14 or Regulation 15 of these Regu- lations, a fee of two pounds. (2) No refund of any fee paid in respect of the grant of a licence shall be made, whether on the surrender of the licence or otherwise., save where a licence is stir- rendered before its normal date of expiry upon the grant of a new licence authorising a service over the same route, in which case there shall be refunded the sum of ten pounds for each full year of the unexpired period of the licence, but the holder shall in addition to the. normal fe.e for the new licence pay the special additional fee of two pounds. PAGENO="0026" 1428 AIR LAWS AND TREATIES OF THE WORLD Holder of 20- (1) Every holder of a licence shall make a ~~c~to monthly return in writing to the Licensing Authority giving, in respect of the month to which the return re- lates, the particulars set out in the Schedule with regard to all air services authorised by the licence. (2) Such return shall be sent to the Licensm~ Author- ity not later than two months after the expiration of the month to which the return relates. 21. The Licensing Authority shall make an annual rel)ort to the Governor in Executive Council as to the Authority, exercise of their functions during the year. PART III Permits for Journeys other than Scheduled Journeys Application 22. This part of these Regulations shall not apply to ~ ~1~m the carriage of passengers, mail or cargo by air I~or hire Regulations, or reward on scheduled journeys. Pern~it 23-(1) Subject to the provisions of these Regula- use of tions, it shall not be lawful for any person to use any non-scheduled aircraft for the provision in the Colony of any air serv- journeys, ice except under, a.nd in accordance with the conditions of a permit granted by the Director of Civil Aviation. (2) Any person who uses any aircraft in contraven- tion of the provisions of this Regulation shall be guilty of an offence triable summarily by a Resident Magistrate or on indictment before a Circuit Court, and on convic- tion thereof shall be liable- (a) in the case of a first offence to a fine not ex- ceeding two hundred and fifty pounds or to im- prisonment for a term not exceeding three months or to both such fine and imprisonment; (b) in the case of a second or subsequent offence on summary conviction by a Resident Magistrate to a fine not exceeding two hundred and fifty pounds or to imprisonment~ for a term not exceeding three months or to both such fine and imprisonment; (c) in the case of a second or subsequent offence where such offence is tried on indictment, to a penalty not exceeding two thousand pounds or to imprison- ment for a term not exceeding two years or to both such fine and imprisonment. (3) The provisions of this Regulation shall not apply in respect of an journey performed on the authority of Article 5 of the Conveiition on International Civil Avia- tion if the aircraft performing the journey flies across the Colony without landing or lands in the Colony for non-traffic purposes only, but shall apply in respect of any such journey if the aircraft performing the journey takes on or discharges passengers, cargo or mail in the Colony. 24- (1) The Director of Civil Aviation may grant to Grant of permit. any person applying therefor a permit to use aircraft for PAGENO="0027" AIR LAWS AND TREATIES OF THE WORLD 1429 the provision in the Colony of such air services (other than such a service as is referred to in paragraph (1) of Regulation 4 of these Regulations) for such period and on such conditions as may be specified in the permit. (2) The Director of Civil Aviation may attach such conditions to any permit as he may think fit having regard to the nature and circumstances of the applica- tion therefor. 25. Applications for permits shall be made in such Application form, and shall contain such information as the Di- for permit. rector of Civil Aviation may from time to time require. 26- (1) The Director of Civil Aviation may revoke or Power to revoke or suspen~ any permlu- suspend a (a) if the holder of the permit has, since the per- permit. mit was granted, been convicted of an offence against Regulation 4 or Regulation 23 of these Regulations; or (b) where the holder of the permit is a body cor- porate, if any officer of that body corporate has, since the permit was granted, been convicted, in his capacity as such officer, of an offence against Regu- lation 4 or Regulation 23 of these Regulations; or (c) if the holder of the permit has failed to com- ply with any condition subject to which the permit was granted. (2) The expression "officer" in sub-paragraph (b) of paragraph (1) of this Regulation means a Director, Gen- eral Manager, Secretary or other similar officer and in- cludes any person who, with the authority of the body corporate, acts as such officer. PART IV General Provsi~n-~ 27. It shall be a condition of every licence or permit ~ that the requirements of any law or instrument havino~ meats relating ~ to air naviga- the force of law, for the time being in force in the Colony, tion for the relating to air navigation or air transport shall be corn- plied with at all times during the currency of the licence condition of every licence or permit in connection with all journeys made under or permit. the licence or permit. 28. A licence or permit shall not be capable of being ~ transferred or assigned: Provided that in the event of the transferable. death, incapacity, bankruptcy, sequest rat ion or liqui dii- tion of the holder of a licence or permit, or the appoint- ment of a receiver or manager or trustee in relation to the business of the holder of a licence or permit., the per- son for the. time being carrying on that business shall, if within fourteen days of his commencing so to do, lie makes application to the Licensing Authority or the Di- rector of Civil Aviation, as the case may be, for a new licence or permit, be entitled to provide the air services authorised by the existing licence or permit. subject to the conditions thereof, until the application is determined. PAGENO="0028" 1430 AIR LAWS AND TREATIES OF THE WORLD Info~rm~t~on 29. Nothing in these Regulations shall require the dis- Licensing closure by any applicant for a licence or permit to any person ot~her i~han the Licensing Authority or the Direc- as tor of Civil Aviation, as the case may be of, information to financial as to t.he financial resources of the applicant, and any ~ such information received by the Licensing Authority or confidential, the Director of Civil Aviation from any such applicant shall be treated as confidential. 29~. Any references to a licence in paragraphs (2) and `provisional (3) of Regulation 6, Regulations 20, 27, 28 and 30 of licence, these Regulations shall be. construed as including refer- ences to a provisional licence. 30. Nothing in these Regulations shall confer upon the of benefits holder of a licence or permit or upon any other person ~ any right, to the continuance of any benefits a.rising from the provisions of these Regulations or from any licence or permit. granted thereunder or from any conditions attached to any such licence or permit. f~r~edu~e 31-( 1) No proceedings for an offence against these offences. Regulations shall be instituted except with the consent of the Attorney General. (2) Where an offence. against these Regulations has been committed by a body corporate, every person who, at the time of the commission of the offence was a Direc- tor, General Manager. Secretary or ot.her similar officer of the body corporate, or was purporting t.o act in any such capacity, shall be deemed t.o 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. (3) In the application of these Regulations to the Turks and Caicos Islands for the words "a Circuit Court." and "a Resident Magistrate" wherever they occur the words "the Supreme. Court" and "the Magistrate" shall respectively be substituted. (4) In the application of these Regulations to the Cay~ man Islands for the words "a Circuit. Court' and "a Res- ident Magistrate" wherever they occur the words "the Grand Court" and "two Justices of the Peace" shall re- spectively be substituted. PART `V Exemptioii~s Exemptions 32. Subject to the provisions of paragraph 3 of regula- fron~rerIre~ tion 23 of these Regulations nothing in these Regulations Regulations. shall apply to-- (a) eithe.r of the two Corporations in respect of such journeys, and on such routes, as the Governor in Executive Council may from time to time specify; PAGENO="0029" AIR LAWS AND TREATIES OF THE WORLD 1431 (b) any air transport operator, whose principal place of business is in country other than- (1) the United Kingdom; or (ii) a territory for whose foreign re- lations Her Majesty's Government in the United Kingdom is responsible. in respect of journeys performed by such operator in accordance with the provi- sions of any agreement for the time being in force between the Government of that country and Her Majesty's Government in the United Kingdom. SCHEDULE 1. Every application for a licence shall be made through the Director of Civil Aviation to the Licensing Authority in the form as set out in Form No. 1 in the Appendix to this Schedule. 2. TIme Licensing Authority shall, within fourteen days of the receipt of an application for a licence, cause to be published in the manner prescribed in paragraph 10 of this Schedule, a. notice containing particulars of the ap- plication as set out in Form No. 2 in the Appendix of this Schedule and shall in such notice specify- (a) a day being not less than fourteen days nor more than twenty-one days after the date of the first 1)ublication of the notice by which any representa- tions or objections with regard to the application must be made to the Licensing Authority; and (b) a further day being not. less than seven nor more than fourteen days after the day above men- tioned by which any notice requiring the holding of an enquiry in public for the purpose of determining such application must be given to the Licensing Authority. 3. Any representations or objections with regard t.o an application for a licence shall be. made in duplicate to the Licensing Authority on or before t.he day specified for such purpose in t.he not.ice published with regard to that application in accordance with the provisions of para- graph 2 of this S. chedule in the form as set out in Form No. 3 in the Appendix to this Schedule and shall contain the specific grounds upon which it is based and any spe- cial conditions which it may be desired should be attached to the licence, if granted. 4. Forthwith upon the receipt. of any representations or objections the Licensing Authority shall cause the du- plicate copy thereof to be delivered to the applicant in respect. of whose application such representations or ob- jections have been made. 5. A notice requiring the holding of an enquiry in public for the purpose of determining any application for PAGENO="0030" 1432 AIR LAWS AND TREATIES OF THE WORLD a license shall be in the form as set out in Form No. 4 in the Appendix to this Schedule and shall be given, in the case of the applicant, within seven days of the delivery to him of the duplicate copy of the representations or objec- tions as the case may be, and, in the case of a person who has duly made any representations or objections on or before the day specified for such purpose in the notice published with regard to the application in accordance with the provisions of paragraph 2 of this Schedule. 6. In cases where~ for the purposes of determining an application for a licence an enquiry in public or in pri- vate is to be held by the Licensing Authority, the notice to he given by the Licensing Authority to the applicant and to any le~~on who has duly made representations or objections with regard to the application shall be not less than seven days notice. in writing in the form as set out in Form No. 5 in the Appendix to this Schedule. 7- (1) In any case in which it is proposed to revoke or suspend a licence, notice of such intention shall be sent to the holder of the licence in the form as set out in Form No. 6 in the Appendix to this Schedule. (2) Any such notice shall be accompanied by a blank copy of Form No. 7 in the Appendix to this schedule: Provided that. no proceedings shall be vitiated by reason only of failure to comply with the provisions of this sub-paragraph. (3) If the holder of a licence to whom a notice speci- fied in sub-paragraph (1) of this paragraph has been sent requires a public enquiry to be held he shall give notice to the Licensing Authority in the form as set out in Form No. 7 in the Appendix to this Schedule. S. Particulars of the decisions of the Licensing Au- thoritv. (a) on applications for licence.s; and (b) to revoke or suspend a licence, shall be published by notice in the form as set out in Form No. 8 in the Appendix to this Schedule and in the manner prescribed in paragraph 10 hereof: Provided that no reasons for any decision shall be published unless the Licensing Authority shall otherwise direct. 9. The monthly return to be made to the Licensing Authority by the holder of a licence shall be in the form as set out in Form No. 9 in the Appendix to this Schedule and shall contain such particulars as are therein mdi- cated and such further particluars as may from time to time be required by the Air Transport Licensing Au- thority 10. Publication unde.r this Schedule shall be by notice published in at least two issues of a newspaper circulat- ing in the Colony at an interval of not. less than one wee.k and twice ill the Gazette. PAGENO="0031" AIR LAWS AND TREATIES OF THE WORLD 1433 THE AIRPORTS LAW, 1959 (Law 8 of 1959) 1 TIlE AIRPORTS REGULATIONS, 1959 (November 2, 1959) In exercise of the powers conferred upon the Minister by section 4 of the Airports Law, 1959, the following Regulations are hereby made: 1. These Regulations may be cited as the Airports Regulations, 1959, and shall come into operation on the commencement of the Law. 2. In these Regulations- "authorised officer" means, in relation to any of the powers of an aut.horised officer under t.hese Regulations, a person authorised in writing by the Minister to exercise such power. "traffic sign" includes any speed limit sign, any mark on the surface of a roadway, any signal, whether an automatic elec- tric signal or otherwise, warning sign post, direction post and sign or other device for the guidance or direction of persons using the roadways in an airport., which the Minister causes or permits to be placed on or near any such roadway. 3. Within an airport the following acts are prohibited- (i) obstructing or interfering with the proper use of the airport; (ii) obst.ructing any person acting in the execution of his duty in relation to the airport; (iii) remaining on the airport after having been required by a constable or an authorised officer to leave it; (iv) allowing any vehicle or animal to be on the airport after being required by an authorised officer to remove it or after its presence on the. airport. has been forbidden by an a.uthorised officer or on his directions; (v) boarding or attempting to board any aircraft without the authority of the person in charge of it.; (vi) tampering or interfering with any aircraft or any- thing used in connection with an aircraft: (vii) smoking in or otherwise bringing or lighting any naked light into or in- (a) any place where any such act is prohibited by not.ic.e; or (b) any place within fifty feet of an aircraft or a store of liquid fuel or explosives: (viii) any act causing or tending to cause an outbreak of fire: (ix) throwing, leaving or dropping anything capable of causmg injury to any person or property; (x) climbing any wall, fence, barrier, railing or post; (xi) wilfully giving a false fire or ambulance alarm; (xii) failure to place an aircraft in the place and posi- tion appointed by an airport. official for that purpose; (xiii) failure properly to moor or otherwise secure any stationary aircraft which is not in a hangar; 1 Published in the Jamaica Gazette Supplement. proclamation, rules, and regulations, vol. LXXXII, November 2, 1959, No. 134, Proclamation No. 61/1959. PAGENO="0032" 1434 AIR LAWS AND TREATIES OF THE WORLD (xiv) failure to comply with the "rules of the road" con- tained in the Schedule to these Regulations; (xv) driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport; (xvi) failure by the driver of a vehicle to stop when re- quired by a constable to do so; (xvii) failure by the driver of a vehicle which is rnvolved in an accident to give his name and address and the name and address of the owner of the vehicle to any person having rea- sonable grounds for requiring them; (xviii) failure by the driver of a vehicle forthwith to re- port to a constable or to the person in charge of the airport any accident in which the vehicle is involved; (xix) failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or a traffic sign; (xx) parking a vehicle elsewhere than in a place pro- vided for that purpose or otherwise than in the manner re- quired by an authorised officer; 1 (xxi) failure by the person in charge of a vehicle to re- move it from any parking place when required by an author- ised officer to do so; (xxii) loading or unloading from a vehicle, passengers or goods elsewhere then in a place provided for that purpose; (xxiii) driving a motor vehicle on any roadway in an air- port at a speed greater than thirty miles per hour or such other speed as may be prescribed by a traffic sign; (xxiv) removing, picking or otherwise damaging any tree, shrub or plant or walking on any flower bed; (xxv) failure to keep any animal under control; (xxvi) using any obscene or indecent language; (xxvii) indecent or disorderly behaviour; (xxviii) dropping or leaving litter except in a receptacle provided for the purpose; (xxix) failure to comply with directions given by the Di- rector of Civil Aviation in relation to refuelling of aircraft; (xxx) disposing of garbage, sewage, waste oil, refuse or other material from aircraft or other sources except in the place and the receptacles provided for that purpose. 4. Within an airport the following acts are prohibited unless the permission of an authorised officer has first been obtained- (i) entering or leaving the airport otherwise than through a gate or entrance for the time being provided for that pur- J)ose; `Amended by the Airports Law, 1959 (Law 8 of 1959) THE AIRPORTS (AMENDMENT) REGULATIONS, 1962 In exercise of the powers conferred on the Minister by section 4 of the Airports Law, 1959, the following Regulations are hereby made: 1. These Regulations may be cited as the Airports (Amendment) Regulations, 1962, and shall be read and construed as one with the Airports Regulations, 1959, herein- after referred to as the principal Regulations. 2. Regulation 3 of the principai Regulations is hereby amended by deleting from paragraph (xx) the word `and' and substituting therefor the words "or otherwise than'. Dated at Kingston this 2nd day of August. i962. KENNETH A. JONES, Minister of Communications and Works. PAGENO="0033" AIR LAWS AND TREATIES OF THE WORLD 1435 (ii) entering any part of the airport to which members of the public are not for the time being admitted; (iii) removing, displacing, damaging, defacing or altering any building, structure or other property, whether movable or immovable (including any notice) forming part of or pro- vided for or in connection with the airport; (iv) digging soil or cutting or removing turf; (v) grazing animals; (vi) selling or distributing anything, offering anything for sale or hire, or making any offer of services including specifically the offering of taxicab services or operating any hackney carriage or other vehicle carrying passengers for hire or reward; (vii) exhibiting any notice or advertisement except on premises which the person exhibiting it is authorised to oc- cupy and in accordance with the terms of his occupation; (viii) leaving a vehicle on the airport longer than twenty- four hours or such shorter time as is reasonably necessary for the transaction of the business for the purpose for which it was brought there; (ix) driving a vehicle elsewhere thaii in a place provided for the passage or accommodation of such a vehicle; (x) taking a motor vehicle into a hangar used for the maintenance or storage of aircraft; (xi) running an aircraft engine in a hangar; (xii) filling or discharging from any container (including any part of a vehicle) liquid fuel elsewhere than in a place approved for that purpose by the person in charge of the airport; (xiii) lighting a fire elsewhere than in a place constructed for that purpose and approved by an authorised officer; (xiv)conducting flight or grouiid demonstrations; (xv) taking still, motion or sound pictures for commercial purposes. 5. Any person who does any act prohibited by regulation 3 of these Regulations, or without the permission of an authorised officer does any act prohibited by regulation 4 of these Regulations shall be guilty of an offence and liable on summary conviction before a Resident Magistrate to a fine not exceeding twenty-five pounds or to imprisonment with or without hard labour for a term not exceeding three months. THE COLONIAL AIR NAVIGATION ORDERS, 1955-57 THE AIRCRAFT (LANDING PLACES AND FEES) NoTIFIcATIoN, 1960 1 (MARcH 28, 1960) In accordance with the provisions of Article 54 of the Colonial Air Navigation Orders, 1955-57, and by virtue of section 9 of the Jamaica (Constitution) Order in Council, 1959, it is hereby notified that the 1 Published in the Jamaica Gazette Supplement, proclamations, rules, and regulations, vol. LXXXIII, March 31, 1960. No. 31. 39-73T-65-vol. 11-3 PAGENO="0034" 1436 AIR LAWS AND TREATIES OF THE WORLD Palisa does and Montego Bay Aerodromes are available for use as places of landing or departure by aircraft other than aircraft belong- ing to or employed in the service of Her Majesty, subject to tile follow- iu~ conditions: (1) There shall be paid- (a) in respect of every such aircraft (not being a heli- copter) landing at either of the said Aerodromes a landing fee in accordance with the following scale- Fee Weight of the Aircraft £ S. d. Not exceeding 4.000 lb 1 0 0 Exceeding 4,000 lb. but not exceed- ing 6,000 lb 2 10 0 Exceeding 6.000 lb. but not exceed- ing 10000 lb 5 0 0 Exceeding 10,000 lb 5 0 0 plus 1/9d. per 1,000 lb. or part thereof in excess of 10,000 lb.; (b) in respect of every such aircraft being a helicopter so landing a landing fee of one-half of the appropriate fee cal- culated in accordance with the above scale. (2) (a) Notwithstanding the provisions of the preceding con- dition- (i) the Minister may generally or in any particular case, in respect of any type of aircraft using the said aerodromes waive tl~e charges pa yal)le as landing fees: (ii) the owner or operator of any privately owned aircraft which is locally registered shall on application to the Director of Civil Aviation be issued with a landing card at a cost of five pounds and such card ma. be renewed annually on t.he payment of an equivalent. sum. (b) Any Aircraft for which such landing c.ard has been issued shall be free of landing charges at the aerodromes aforesaid dur- ing the period of the validity of the landing card, except when such aircraft- (i) not being a locally registered aircraft owned by a fly- ing club in Jamaica and flown in the Island for the purpose of giving instructions in flying, is being used for the carriage of passengers for reward: or (ii) is being used for the carriage of goods for reward; or (iii) is being used for aerial work, that. is to say, for com- merciaL industrial or other lucrative purposes. (c) A landing card shall only be issued in respect of aircraft of a maximum permissible weight not exceeding 4,000 lb. 2. Tn this Notification any re.ference to the weight of an aircraft shall be deemed a reference to the maximum permissible weight author- ised by the Certificate of Airworthiness of such aircraft. 3. The Aircraft (Landing Places and Fees) Notification, 1958, is hereby cancelled. 4. This Notification may be cited as the Aircraft (Landing Places nnd Fees) Notification, 1960. PAGENO="0035" JAPAN CIVIL XEliONAITTICS J~\r Law No. 231 of July 15, 1952 as amended by Law No. 2~8 of 195~, by Law No. 66 of 1953, by Law No. 151 of 1953, and by Law No. 60 of 1954.1 Law No. 63 of April 15. 1958, concerning a partial amendment to tile Civil Aeronautics Law Law No. 1I() of May 16, 1962, and Law No. 101 of ~epteml)er 15, 1902. TABLE OF CONTENTS ChAPTER I-GENERAL PROVISIONS Article 1. Purpose. Article 2. Definitions. CHAPTER Il-REGISTRATION Article 3. Registration. Article 3-(2). Acquisition of Nationality. Article 3-(3). Contest. Article 4. Requirements for Registration. Article 5. New Registration. Article 6. Issuance of Registration Certificate. Article 7. Alteration of Registration. Article 7-(2). Transfer of Registration. Article 8. Cancellation of Registration. Article 8-(2). Copy, etc. of Aircraft Register. Article S-(3). Stamp of Registration Mark. Article 8-(4). Compulsory Execution Concerning Newly Registered Aeroplane and Rotocraft. Article 9. Delegation to Order. CHAPTER Ill-SAFETY OF AIRCRAFT Article 10. Airworthiness Certification. Article 10-(2). Airworthiness Certification. Article 11. Airworthiness Certification. Article 12. Type Certification. Article 13. Type Certification. Article 14. Duration of Airworthiness Certification. Article 14-(2). Suspension of Validity of Airworthiness Certification, etc. Article 15. Invalidation of Airworthiness Certification. Article 16. Inspection on Repair or Remodelling. Article 17. Spare Parts Certifications. Article 18. Maintenance of Engine, etc. Article 19. Maintenance c~r Remodelling of Aircraft. Article 20. Specified Radio Apparatus. Article 21. Delegation to Order. CHAPTER lY-AIRMAN Article 22. Competence Certification for Airman and Aircraft Crew Licencing. Article 23. Certificate of Competence. Article 24. Qualifications. Article 25. Restriction to Competence Certification. 1 The translation published by Fuji Kogyo Pub. Co. (Tokyo, 1955) has been editcd. 1 4~i7 PAGENO="0036" 1438 AIR LAWS AND TREATIES OF THE WORLD Article 26. Qualifications for Application. Article 27. Causes for Ineligibility, etc. Article 28. Scope of Duties. Article 29. Conduct of Examination. Article 29-(2). Alteration of Restriction of Competence Certification. Article 30. Cancellation, etc. of Competence Certification. Article 31. Aircraft Crew Licensing. Article 32. Aircraft Crew Licensing. Article 33. Aircraft Crew Licensing. Article 34. Instrument Flight Certification and Training for Pilotage Certi- fication. Article 35. Student Pilot. Ar~icle 36. Delegation to Order. CHAPT~ V-AIRWAYS, AIRDROMES AND AIR NAVIGATIONAL AID Article 37. Designation of Airway. Article 38. Provision of Airdrome or Air Navigational Aid. Article 39. Examination of Application. Article 40. Notification. etc.. of Airdrome for Public Use. Article 41. Completion of Airdrome Construction Work. Article 42. Completion Inspection. Article 43. Alteration of Airdrome or Air Navigational AM. Article 44. Suspension or Discontinuance of Use. Article 45. Suspension or Discontinuance of Use. Article 46. Notification of Airdrome or Air Navigational Aid. Article 47. Administration of Aircironie or Air Navigational Aid. Article 48. Cancellation of Permission. Article 49. Restriction. etc.. of Object. Article 30. Restriction. etc.. of Object. Article 51. Installation of Aeronautical Obstruction Light. Article 32. Restriction of Similar Light. Article ~3. Prohibition of Staining Act, etc. Article 54. Charges for Use. Article 55. Succession of Status of Provider of Airdrome, etc. Article 56. Provision or Administration of Airdrome, etc., Transportation. Article 56-(2). Designation. etc., of Facilities for Public Use. CHAPTER VI-OPERATION OF AIRCRAFT by the Minister of Article 57. Article 58. Article 59. Article 60. Article 61. Article 62. Article 63. Article 64. Article 65. Article 66. Article 67. Article 6S. Article 69. Article 70. Article 71. Article 72. Article 73. Article 74. Article 75. Article 76. Article 77. Article 78. Article 79. Article SO. Article Si. Display of Nationality Mark, etc. Aircraft. Logbook. Documents to be carried in Aircraft. Compulsory Radio Equipment. Safety Equipment. Equipment in Case of Special Flights. Fuel of Aircraft. Aircraft Lights. Persons by whom Aircraft to be manned. Persons by whom Aircraft to be manned. Documents to be carried by Airman. Standards of Crew Assignment. Recent Flight Experience. Intoxicating Liquor. etc. Physical Deficiencies. Route Qualification of Pilot-in-Command. Power of Pilot-in-Command. Measures in Case of Danger. Measures in Case of Danger. Obligation to Report. Aircraft Dispatcher. Aircraft Dispatcher. Place for Landing and Take-off. Prohibited Area. Minimum Safe Altitude. PAGENO="0037" AIR LAWS AND TREATIES OF THE WORLD 1439 Article 82. Cruising Altitude. Article 83. Prevention of Collisions. Article 84. Formation Flight. Article 85. Prohibition of Rude Operation. Article 86. Prohibition of Carriage of Explosives, etc. Article 87. Pilot-less Aircraft. Article 88. Towing of Object. Article 89. Dropping of Object. Article 90. Parachute Jumping. Article 91. Acrobatic Flight. Article 92. Performance of Training for Student Pilot. Article 93. Places of Training. etc., for Aircraft Pilotage. Article 94. Flight under Visual Flight Rules Conditions. Article 95. Flight under Instrument Flight Rules Conditions Article 96. Air Traffic Instructions. Article 97. Flight Plan and Approval therefor. Article 98. Notification of Arrival. Article 99. Prohibition of Entry in Landing Strip. CHAPTER Vu-AIR TRANSPORTATION, ETC. Article 100. License. Article 101. Licencing Standards. Article 102. Inspection prior to Inauguration of Operation. Article 103. Obligation to commence Operation. Article 104. Approval of Operation and Maintenance Manuals. Article 105. Approval of Fares and Charges. Article 106. Approval of Conditions of Transportation Article 107. Notice of Fares and Charges, etc. Article 108. Business Program. Article 109. Business Program. Article 110. Agreement concerning Transportation. Article 111. Exception from Application of the Law concerning the Prohibition of Private Monopoly and the Methods of Preserving Fair Trade. Article 112. Order for Improvement of Business. Article 113. Utilization of Title, Loan of Business, etc. Article 114. Transfer and Taking Over of Business. Article 115. Amalgamation of Business. Article 116. Inheritance. Article 117. Suspension of Business. Article 118. Closure of Business. Article 119. Discontinuance of Business and Cancellation of License. Article 120. Invalidation of Licence. Article 121. Non-Scheduled Air Transportation. Article 122. Non-Scheduled Air Transportation. Article 123. Aircraft-Using Eenterprise. Article 124. Aircraft-Using Enterpise. Article 125. Conditions attached to License, etc. CHAPTER VIlI-FOREIGN AIRCRAFT Article 126. Flight of Foreign Aircraft. Article 127. Use of Foreign Aircraft Inside Japan. Article 128. Prohibition of Carriage of Munitions. Article 129. International Air Transport Enterprise by Foreign Nationals. Article 129-(2). Approval of Fares, Rates and Charges. Article 129-~3). Business Program. Article 129-(4). Order for Alteration of Business Program, etc. Article 129- (5). Suspension of Business and Cancellation of Permission. Article 130. Cabotage. Artielel30-(2). Transportation of Passengers, etc., Taking Off or Landing Inside of Japan. Article 131. RecognitIon of Certificates. etc. Article 131-(2). Terms and Conditions, etc. PAGENO="0038" 1440 AlIt LAWS ASJ) TFEATIES OF TIlE WORLD CHAPTER Ix-MISCELLANEOTJS PROVISIONS Article 132. Investigation of Accident. Article 123. Report on Air Transport Agent, etc. Article 134. Collection of Report and Entry for Inspection. Article 135. Payment of Fee. Article 136. Inquiry to Transportation Council. Artilc 137. Delegation of Official Authority. ChAPTER X-PENAL PROVISIONS Article 135. Penalty for Endangering Air Navigntion, etc. Article 139. Penalty for Endangering Air Navigation, etc. Article 110. Penalty for Endangering Air Navigation, etc. Articic 141. Penalty for Endangering Air Navigation, etc. Article 142. Penalty for Endangering Air Navigation, etc. Article 143. Penalty for Using Non-Airworthiness-Certified Aircraft, etc. Article 143-(2). Penalty for Designated Airworthiness Inspector. Article 144. Penalty for Non-Display. etc. Article 145. Penalty for Non-Manning of Specified Airmen, etc. Articlc 146. Penalty relating to Provision of Airdrome or Air Navigational Aid, etc. Article 147. Penalty relating to Provisioa of Airdrome or Air Navigational Aid, Article 148. Penalty rehAing to Provision of Airdrome or Air Navigational Aid, ci c. Article 14S-i21. Penalty relating to Provision of Airdrome or Air Navigational Aid. etc. Article 149. Penalty for Conducting Air Service without Specified Qualifications, ci c. Articlc 1150. Penalty for Not Carrying of Competence Certificate. etc. Article 151. Penalty relating to Duties of Pilot-in-Command, etc. Article 152. Penalty rclatinz to Duties of Pilot-in-Command, etc. Article 153. Penalty relating to Duties of Pilot-in-Command, etc. Article 154. Penalty relating to Duties of Pilot-in-Command, etc. Article 155. Penalty relating to Business of Air Transport Enterprise. etc. Article 156. Penalty relating to Business of Air Transport Enterprise, etc. Article 157. Penalty relating to Business of Air Transport Enterprise. etc. Article 157-i 2. Penalty relating to Business of Air Transport Enterprise, etc. Article 158. Penalty for Evading of Entry, etc. Article 159. Dual Punishment. Article 160. Non-Criminal Fine. Article 161. Non-Criminal Fine. Article 162. Non-Criminal Fine. Supplementary Provisions. (`IL\PITll I-GEXEI1AL PROvISIONS Purpose) Art~clc 1. TI purpose of this Law is to promote tile development of cml aviation 1 proiidiiig for methods of insuring the safety of navitzat ~on of a jI'craft ill `onformitv with the provisions of the Coil- vent ion OIl International Civil Aviation and with the standards, prac- tIceH and procedures as annexed thereto, and by establishing an order of e~itcrprl5es opci'at in~ aircraft. l)etiiiit ions) Artjcie ~. In this Law, "aircraft" shall mean any airplane, rotor- craft. glider antl a il'ship which can be used for air navigation with a person on boa i'd and any contrivance usable for air navlgat~on whicll may be designated b cabinet order. 2. In this Law-. "air service" shall mean any operation performed on 1 oard (including handling of radio equipnlent on board and ex- cepting training as aircraft pilot) an aircraft, and certification as provided for by Article 19, to be performed on repaired or remodelled aircraft. PAGENO="0039" AIR LAWS AXD TREATIES OF THE WORLD 1441 3. In this Law, ~`airman" shall mean any person who has obtained a competence certification as airman nuclei' Article ~, paragraph 1. 4. In this Law, "air navigational aid" shall mean an facility in aid of navigation of aircraft by means of electric wave, light, colour or sign as may be specified by Ordinance of the Ministry of Trans- port ation. 5. In this Law, "landing strip" shall mean a rectangular part of an airdrome, which is provided for the landing (including such area on water) or take-off (including such area on water) of aircraft in definite directions. U. [As amended by Law No. 90, 1960.] In this Law, `approach area" shall mean an area cleuined by two connecting points at the shorter side of a binding strip with two points 3T5 meters (600 meters in tue case of a lan(llng strip used for instrument flights, and in the case of a landing strip used as heliport, the length of the distance be- tween the shorter side and the straight line is multiplied by a tangent of 15~ plus ~ the length of the shorter side) distant, from a point on a straight line, crossing at a point 300 meters (not more than ~00t) meters if so ~pecified by Ordinance of the Ministry of rfi.ansl~o1.t.atio11 for landing strips used as heliports) distant from that side and at iight angles with tue extensioli of the center-line of the landing strip in the same direct ion as the former two points. [As amended by Laws No. 63, 1958 and No. 90, 1960.] in this Law "approach surface" shall mean an area abutting on the shorter side of a landing strip auth as specified by Ordinance of the Ministry of `iransportat ion, sloping upwards at a gradient of more than `~0th froiti the horizontal l)Tane, the piojectioli of which corresponds with the approach area. 8. ~As amended by Law No. 00, 1960.1 In this Law, `~horizonta1 sur- foe" shall mean that part of a horizontal plane including a point 45 meters vertically above the aitclrome reference point, whichi is en- cice~ed by a circle, described with that point at its center and with a radius of a length of not more than -LOOt) meters as spe'iliel by an ()rdimìance. of the Ministry of Transportation. 9. [As amended by Laws No. 63, 1958 and No. 90, 1960.] In this Law, ~`transitional surface" shall mean an area including the slopes of the approach surfaces and the longer sides of the landing strip and sloping upward anti outward to the approach surface or landing strip at a gradient of %th, (in the case of a heliport, at a gradient of not less than ~/4t.1i as specified by Ordinance of the Ministry of Transporta- t.ion ) from time horizontal plane to the intersection with the vertical surface at right, angles to the vertical surface including the center-line of the landing strip and within the areas as defined above, such parts as are e.nclo~ecl i)y the lines which intersect the areas incluclim~g the. slopes of the approach surfaces and the areas including time longer sides of the landing strip abutting such slopes, the lines of which inter- sect such areas including horizontal surfaces and the slopes of the approach surfaces or the longer sides of the landing strip. 10. In this Law, `~aeronautical light." shall mean any navigational ai(l in aid of navigation of aircraft. by means of light, as specified by Ordinance of the Ministry of Transportation. 11. In this Law-, "air traffic control area" shall mean any air space on arty airway, which is ~00 meters or more of height above the land PAGENO="0040" 1442 AIR LAWS AND TREATIES OF THE WORLD or water and which may be specified for the safety of air traffic by the Minister of Transportation. 12. In this Law, "air traffic control zone" shall mean any air space above any airdrome for public use and its vicinity, which may be specified for the safety of a.ir traffic on and above such airdrome by the Minister of Transportation. 13. In this Law. "visual rules conditions" shall mean weather condi- tions equal to or above those which may be stipulated by Ordinance of the Ministry of Transportation taking the visibility and conditions of clouds into consideration. 14. In this Law, `instrument flight rules conditions" shall mean weather conditions other than visual flight rules conditions. 15. In this Law, "instrument flight" shall mean a flight which is performed in sole reliance on flight instruments and without depend- ing upon any visual object outside the aircraft. 16. [Added by Law No. 90, 1960.] In this Law, "instrument flight rule" shall mean a method of flight, as specified by Ordinance of the Ministry of Transportation, which is performed by an aircraft in compliance with instrument, flight rules conditions. 17. [Nos. 17, 16, 19, 21 renumbered from Nos. 16, 17, 18, 19, by Law No. 90, 1960.] In this Law, "air transportation" shall mean an enter- prise for the transportation of passengers or freight by using aircraft for profit on demand of other persons. 18. In this Law, "scheduled air transport.ation" shall mean an enter- pl'ise for transportation by aircraft navigating on a definite route between one point and any other point and in accordance with a sched- uled date and time. 19. In this Law. "non-scheduled air transportation" shall mean air transportation other than scheduled air transportation. 20. In this Law. `enterprise using aircraft" shall mean any enter- prise which performs any contract for trips other than the trans- portation of passengers or freight by using aircraft for profit on demand of other persons. CHAPTER Il-REGISTRATION (Registration) Article 3. The Minister of Transportation shall register an air- craft in the Aircraft Register in accordance with the provisions of this Chapter. (Acquisition of Nationality) Article 3-(2). An aircraft shall acquire Japanese nationality when registered. (Contest) Article 3-(3). No acquisition. loss or change of ownership in any registered airplane and rotorcraft, may be set up against a third person unless the aircraft has been registered. (Requirement for Registration) Article 4. An aircraft owned by any one of the following persons shall not~ be eligible for registration: (1) Any person who does not have Japanese nationality; (2) Any foreign state or public entity or its equivalent in any foreign state: (3) Any juridical person or body established in accordance with the laws and ordinances of any foreign state; PAGENO="0041" AIR LAWS AND TREATIES OF THE WORLD 1443 (4) Any juridical person of which the representative is any one of those mentioned in the preceding three items or of which more than one-third of the officers are such persons or more than one-third of voting interests is owned by such persons. 2. An aircraft which has the nationality of any other country shall not be eligible for registration. (New Registration) Article 5. Registration of any aircraft not yet registered, herein- after called `new registration," shall be made upon application of the owner, by entering the following items in the Aircraft Register and by designating and entering registration marks therein: (1) Type of aircraft; (2) Manufacturer of aircraft; (3) Serial number of aircraft; (4) Home base of aircraft; (5) Full name or title and address of owner; (6) I)ate of registration. (Lsuance of Registration Certificate.) Article 6. The Minister of Transportation shall issue in the case of a new registration. a registration certificate to the applicant. (Alteration of Registration) Article 7. If there have been any changes in the items mentioned in Article 5, item (4) or (5) with regard to any newly registered aircraft (hereinafter referred to as "registered aircraft"), the owner shall make application for a change. of the registration within a period of not more thaii 15 days thereafter. However, this shall not apply in a case where an application either for a traiisfer of the registration in accordance with the provisions of the following Article, or for cancellation of the registration in accordance with the provisions of Article 8 has to be made. (Transfer of Registration) Article 7-(9). If there has been a change in the owner of any registered aircraft, the new owner shall make application for transfer of the registration within a period of not more than 15 days there- after. (Cancellation of Registration) Article 8. The owner of a registered aircraft shall apply for can- cellation of the registration in the following cases within a. period of not more. than 15 days thereafter: (1) If the registered aircraft has been lost or dismantled (ex- cepting dismantling for the. purpose of repair, remodeling, trans. portation or custody) (2) If the registered aircraft. has been missing for more than 2 months: (3) If the registered aircraft ha.s become ineligible for regis- tration under the provisiolis of Article 4. 2. In the case of the preceding paragraph, when the owner of a registered aircraft does not apply for cancellation of the registra- tion, the Minister of Transportation shall give notice to the owner to do so within a period of more than 7 days which shall be fixed by him. 3. If the owner of a registered aircraft does not apply, in cases where the notice under the preceding paragraph has been given, for PAGENO="0042" 1444 AIR LAWS AND TREATIES OF THE WORLD cancellation of the registration, the Minister of Transportation shall cancel the registration and inform the owner thereof. (Copy, etc.. of Aircraft. Register) Article S-(2). Any person may request from the Minister of Trans- portation the delivery of a c.op~ or abstract. of the Aircraft. Register or permission for inspection of any part of the Aircraft. Register in which he has an interest. (Stamp of Registration Mark) Article 8-(3). When an airplane or rotorcraft has been newly reg- istered, the Minister of Transportation shall stamp its registration mark on the aircraft. 2. In accordance with the preceding paragraph, the owner of any ti.irc.raft. shall present the aircraft to t.he Minister of Transportation on the date designated by the latter in order to obtain the stamp undei the said paragraph. 3. No person shall alter indications of registration marks stamped in accordance with the provisions of paragraph 1. (Compulsory Execution concerning Newly Registered Aeroplane and T~otorcraft) Article 8-(4). Compulsory execution against any newly registered airplane and rotorcraft, shall be decreed by any local court as a court of jurisdiction. 2. Rules concerning the compulsory execution under the preceding paragraph shall be prescribed by the Supreme Court. 3. The provisions of the preceding two paragraphs shall apply ~iccording1v to the public sale of any newly registered airplane or rotorcraft. (Delegation to Order) Article 9. Descriptions of the Aircraft Register, recovery of regis- I ration, alteration of registration and other matters concerning reg- istration shall be stipulated by Cabinet Order. 2. Details concerning the certificate of aircraft registration and the stamping of regist.rat ion mark shall be stipulated by Ordinance of the Ministry of Transportation. CHAPTER lU-SAFETY OF A~CRAF1' (Airworthiness Certification) Article 10. Fpon application, the Minister of Transportation shall grant an airworthiness certification of any aircraft. 2. No aircraft shall be certified as airworthy under the preceding paragraph unless it h~is .Tapanese nationality. However, this shall not apply to such aircraft as may be designated by Cabinet Order. 3. [As amended by Law No. 63. 1958.] An airworthiness certifi- cation shall he granted by designating the purpose of use and opera- tional limits of the aircraft as may be specified by Ordinance of the Ministry of Transportation. 4. In cases where there has been an application under paragraph 1, the. Minister of Transportation shall grant an airworthiness certifica- tion when he deems the aircraft. to be consistent with such technical standards of safety as may be stipulated by Ordinance of the Min- ister of Transportation after he has made an inspection to ascertain PAGENO="0043" AIR LAWS AND TREATIES OF THE WORLD 1445 whether the strength, construction and performance of the aircraft is consistent therewith. 1-lowever, with regard to aircraft of such type or a type certified under Article 12, paragraph 1, or an imported aircraft or such other aircraft as may be specified by Cabinet Order, a part of the inspection may be omitted. The certification of airworthiness shall be made. by issuing an airworthiness certificate to the applicant. Article 10-(2). Any person who has obtained the approval of the Minister of Transportation for having the qualification and experience as may be stipulated by Ordinance of the Ministry of Transportation (hereinafter referred to as "designated airworthiness inspector") may conduct the airworthiness certification with regard to gliders as may be stipulated Lv Ordinance of the Ministry of Transportation. 2. The provisions of paragraphs 2 to 5 inclusive of the preceding Article shall apply to the airworthiness certification under the preced- ing paragraph. Article 11. No aircraft shall be used for air navigation imless certi- fied as airworthy under Article 10 paragraph 1, or paragraph 1 of the preceding Article. However, this shall not apply in cases where the Minister of Transportation has permitted its use for conducting a test flight, etc. (Type Certification) Article 12. Ti°~ application, the Minister of Transportation will make a type certification of the design of the type of an aircraft. 2. Tn cases where. there has been an application under the preceding paragraphS the Minister of Transportation shall grant a type certifi- cation ullder the same paragraph when he deenis the 4 leilgi li. con- struction and performance of the type of the aircraft in the appiica- tioii to l)e coii~istent with the standards under Article 10 paragraph 4. 3. The type certification shall be granted by issuing a tyne certifi- cate to the aPl)licaflt. 4. W~hen making a type certification under paragraph 1. the Min- ister of Transportation shall ask in advance the opinion of the Minister of Tnternational rlb.l(Ie an(l industry. Article 13. Any person who has obtained a type certification shall, when he intend~ to alter the design of the aircraft of the said type. ob- tain an approval of the Minister of Transportation. The same shall apply when the aircraft of a type certified as type is no longer con- s~stent with the standards under the said paragraph, in cases where there. has been any alteration in the standards under Article 10 para- graph 4. 2. In cases where there has been an application under the precediug ~)aragrttph. the Minister of Transportation shall approve it when the design as applied for is consistent with the standards under Article 10, paragraph 4, after he has made an inspertion to ascertain this fact. 3. The provision of paragraph 4 of the preceding paragraph shall apply in eases where the Minister of Transportation intends to grant approval under the preceding paragraph. (Duration of Airworthiness Certification') Article 14. The duration of a certification of airworthiness shall be one year. However, with regard to any aircraft used for any trans~ port enterprise, it shall be such peTiod as may be stipulated by the Minister of Transportation. PAGENO="0044" 1446 AIR LAWS AXD TREATIES OF THE WORLD (Suspension of validity of Certification of Airworthiness, etc.) Article 14-(2). When the Minister of Transportation deems that the aircraft or aircraft~ of the same type fails to conform with the standards under Article 10 paragraph 4 (including the case where Article. 10-(2) paragraph 2 applies prior to the expiration of the period under the preceding Article, or when he deems that the safety of aircraft may not. be secured as a result of inspection under Article 10 paragraph 4, Article 16 paragraph 1, or Article 134 paragraph 2, he may suspend the validity of the certification of airworthiness, or may shorten the term of validity or change the matters designated by the provisions of Article 10 paragraph 3 (including the case where Article 10-(2) paragraph 2 applies) with regard to said aircraft or an aircraft of the same type. (Invalidation of Certification of Airworthiness) Article 15. In cases where the registration of a registered aircraft has been cancelled, the certification of airworthiness shall become in- valid. (Inspection after Repair or Remodelling) Article 16. Any user of an aircraft. certified as airworthy, when he intends to repair or remodel the aircraft within such limits as may be stipulated by Ordinance of the Ministry of Transportation (except- ing repair or remodeling by using spare parts as spare-parts certified under the next Article), shall not use it for air navigation unless he has undergone and passed an inspection by the Minister of Transporta- tion on the intended change and its performance. [Added by Law No. 90, 1960] : However, this shall not apply when the repair or alteration is Performed on the premises of a person who has obtained the approval of the Minister of Transportation concern- ing the. ability to make repairs or alterations on aircraft consistent. with the technical standards specified by Ordinance of the Ministry of Transportation, anui when such person confirms that the aircraft coin- plies with the standards specified in Article 10, paragraph 4 in accord- ance with the provisions of the Ordinance of the Ministry of Transpor- tation. 2. Any user of a. glider, which has been certified as airworthy, under Article 10-(2), paragraph 1, may, when he undergoes an inspection, by a designated airworthiness inspector and passes the said inspection in case where repair or remodelling is made with regard to the said glider, may use it for air navigation notwithstanding the provisions of the said paragraph. 3. The Minister of Transportation or the designated airworthiness inspector, when he deems that said aircraft conforms to the standards under Article 10. paragraph 4 (including the ease where Article l.0-(2), paragraph 2 applies) as a result of inspection under para.- graph I or the preceding paragraph, may approve its e.ligihilit~. 4. [Added by Law No. 90, 1960.] Necessary instructions concern- ing the approval tmder the proviso in paragraph 1, shall be l)1~0 vicled for in an Ordinance of the Ministry of Transportation. (Spare Parts Certification) Article 17. Any user of an aircraft certified as airworthy may ob- tain a spare-parts-certification by the Minister of Transportation of the aircraft engine, propeller or such other part specially important for securing safety designated by Ordinance of the Ministry of Trans- port at ion PAGENO="0045" AIR LAWS AND TREATIES OF THE WORLD 1447 ~. The Minister of Transportation, when he deems the strength, construction and performance of the parts to be consistent with the standards under Article 10, paragraph 4, upon application for a. spare- parts-certification under the preceding paragraph shall grant a spare- part s-certification. 3. [Added by Law No. 90, 1960.] Any aircraft which has been repaired or altered as to type and has been approved as to conformity with the standards provided for in Article 10, paragraph 4, in accord- ance with the provisions of the Ordinance of the Ministry of Trans- portation, at the premises of any pe1~~~1 who has obtamed the ap- proval of the Minister of Transportation concerning the ability to make repairs or alterations on aircraft under paragraph 1, con- sistent with the technical standard specified by Ordinance of the Ministry of Transportation, shall be regarded as having a spare- parts certification under paragraph 1. 4. [As amended by Law No. 90, 1960.] To a spare parts certifica- tion and approval under the preceding paragraph shall be added a term of validity and a limitation of type of aircraft as to such spare parts. 5. [Added by Law No. 90, 1960.] A spare parts certification and approval under paragraph 3 shall be invalid when a re.pair or altera- tion is within the limits specified by Ordinance of the Ministry of Transportation is performed on such spare parts or when such spare parts have been incorporated in an aircraft. 6. [Added by Law No. 90, 1960.] Necessary instructions concern- ing the designation under paragraph 3 shall be provided for in an Ordinance of the Ministry of Transportation. (Maintenance of Engine, etc.) Article 18. Any user of an aircraft certified as airworthy, when he uses the aircraft engine, propeller or such other part important for securing safety as may be designated by Ordinance of the Ministry of Transportation in excess of the hours as may be specified by Min- istry of Transportation Ordinance, shall maintain it. in accordance with the prDcedures stipulated by Ministry of Transportation Ordinance. (Repair or Remodeling of Aircraft) Article 19. [As amended by Law No. 90, 1960.] No user of an air- craft certified as airworthy, when he has repaired or altered the air- craft (excepting any slight repair specified by Ordinance of the Ministry of Transportation, and excepting repairs or alterations under Article 16, paragraph 1) shall use it. for air navigation unless he proves the aircraft to be consistent with the standards under Article 10, paragraph 4, or has it certified. however, this shall not apply in cases where a qualified engineer has certified that the aircraft is safe in ac- cordance with the provisions of an Ordinance of the. Ministry of Transportation wheii maintenance of the aircraft has been performed outside Japan as specified by Ordinance of the Ministry of Trans- portation and when it. is very difficult, to ascertain the facts. (Specified Radio Apparatus) Article 20. No radio apparatus specified by Ordinance of the Min- istry of Transportation (hereinafter referred to as ~specified radio apparatus") which is installed iii aircraft may be. llse(l unless it has lin(~~cTrn~nd passed an inspection by the Minister of Transporta- PAGENO="0046" 1448 AIR LAWS AND TREATIES OF THE WORLD tion. The same shall apply to those with regard to which the term specified by Ministry of Transportation Ordinance has expired after it underwent and passed an inspection. L The Minister of Transportation, when lie deems the specified radio apparatus to be consistent with the technical standards stipu- lated by Ministry of Transportation Ordinance, shall approve it as passed. (Delegation to Order) Article 21. Matters concerning the form, issuance, reissuance, return and presentation of an airworthiness certificate and type certificate, matters concerning designated airworthiness inspector and other mat- ters relating to airworthiness, type, inspection under the provisions of Art~cie 1(. paragraph 1, spare-parts-certification and inspection under the provisions of paragraph 1 of the preceding article, shall be stipu- lated by Ordinance of the Ministry of Transportation. CHAPTER IV----AIRMAN Competence Certification as Airman and Aircraft Crew Licence) Article 22. Lpon application, the Minister of Transportation shall grant a competence certification as airman to any person who intends j) perform air services (hereinafter referred to as "competence certifi- cat ion ~* ~ application, the Minister of Transportation shall grant an aircraft crew licence to any person who intends to perform air service~ oil board an air aircraft, in addition to the competence certifi- cation. Certification of Competence) Article 23. Competence certification shall be granted by issuing a certificate of competence as airman (hereinafter referred to as "certificate of competence") to the applicant. (Qualifications) Article 24. Competence certification shall be granted to the fol- lowing Airline transport pilot; Senior commercial pilot; Commercial pilot; Private pilot; First class flight navigator; Second class flight navigator; Flight engineer; First class flight radio operator; Second class flight radio operator; Third class flight radio operator; First class aircraft mechanic; Second class aircraft mechanic; Third ci ass aircraft mechanic; Aircraft shop mechanic. (Restriction on Competence Certification)* Article 25. The Minister of Transportation may put restrictions, by category of aircraft, on the competence certification for airime transport pilot, senior commercial pilot, coinm~rcial pilot, private ~ flight engineer, first class aircraft mechanic, second class air- PAGENO="0047" AIR LAWS AND TREATIES OF THE WORLD 1449 craft mechanic awl third class aircraft mechanic provided for in the preceding Article in accordance with the 1)roVisiOflS of the Ordi- nalice of the Ministry of Transportation. 2. The Minister of Transportation may put restrictions, by class or ivpe of aircraft, on the competence certification provided for in the preceding paragraph, in accordance with the provisions of the Ordi- nance of the Ministry of Transportation. 3. [As amended by Law No. 90, 1960.] According to the kind of services engaged in, the Minister of rfraI~sportatio1I may put restric- tioiis on the competence certification for qualification as aircraft shop mechanic provided for in the preceding Article, in accordance with the provisions of the Ordinance of the Ministry of Transportation. Qualifications for Application) Article 26. No person shall be qualified to make an application for coiupetence certification unless lie is of such age and has the flight awl other experience as stipulated by Ordinance of the Ministry of Transportation in regard to the class specified by Article 24 and by category of aircraft under the provisions of paragraph 1 of the preceding Article. 2. Any person who intends to make an application for the coin- petence certification as first class flight radio operator, second class flight radio operator, or third class flight radio operator shall have been licenceci as provided for in Article 41 of the Radio Law (Law No. 131 of 1950) for such class under Article 40 of the aforesaid Law as specified by Ordinance of the Ministry of Transportation, in addition to complying with the provisions of the preceding para- graph. (Causes for Non-eligibility, etc.) Article 27. No person shall be eligible for an application for com- petence certification, whose competence certification has been can- celled under the provisions of Article 30, paragraph 1, if two years have not elapsed since the (late of cancellation. 2. WTithin a period of less than two years. the Minister of Transpor- tation may reject an application for competence certification by any persoi~ who has committed any dishonest act in the examination under Article 29, paragraph 1. (Scope of Duties) Article 28. No person who has not obtained the competence certifica- t.ion (or, for a person who performs air services on board an aircraft. a competence certification as well as an aircraft crew license as de- scribed in the "qualifications" column of the attached table) shall per- form any act described in the "Scope of Duties" column of said table. 2. No person who is restricted under the provisions of Article 25 with regard t.o the competence certificate may perform any act de- scribed in the "Scope of Duties" column of the attached table except as restricted by category, class or type of aircraft. or kind of services. 3. The provisions of the preceding two paragraphs shall not apply to any person who engages in piloting an aircraft (including operation of the craft and its engine) specified by Ordinance of the Min~rrv of Transportation, and to any person who engages in the operatici. on board, of aircraft of new category, class or type for test flight, etc. upon permission by the Minister of Transportation. PAGENO="0048" 1450 AIR LAWS AND TREATIES OF THE WORLD (Conduct of Examination) Article 29. The Minister of Transportation, when he grants a corn- peteiice certification, shall hold examinations to judge whether any applicant, has knowledge and skill necessary for performing his air services as an airman with competence certification for the class as applied for. 2. Any examination shall be theoretical and practical. 3. No person may take a practical examinat.ioii unless he has passed a. theoretical examination. 4. The Minister of Transportation, when he grants a competence certification to any person who has a qualification certificate for air services issued by a foreign Government, may omit the whole or a part of the examination as stipulated by Ordinance of the Ministry of Transportation, notwithstanding the provision of the preceding three paragraphs. (Alteration of Restriction of Competence Certification) Article 29- (2). With regard t~ the competence certificate in ref- erence to the restriction under Article 25, paragraph 2 or 3, the Minis- ter of Transportation may change sa.id restriction upon receipt of the application by any airman in reference to the competence certification. 2. The provisions of the preceding Article shall apply accord- inglv to cases where the restrict.ion under the preceding paragraph is changed. (Cancellation, etc.. of Competence Certification) Article 30. Iii cases where an airman comes under any one of the following items, the Minister of Transportation may cancel the compe- tence certification or order the suspension of his air service for a period of less than one year: (1) When he has violated this Law or any provision thereof; (2) When he has committed an unlawful act or been grossly negligent, in performing his duties as airman. 2. When he intends to make a disposition under the preceding para- graph, the Minister of Transportation shall hold a hearing after no- t.ifving any person affected by such a disposition of the date and plac.e thereof. At the hearing, a.ny person affected by such a disposi- tion shall be given a chance to express his opinion and to submit evidence. (Aircraft. Crew Licencing) Article 31. The aircraft crew licence under Article 22, paragraph 2. shall he grant.ed by class as specified in Article 24 (except those for first class aircraft. mechanics, second class aircraft mechanics, third class aircraft. mechanics and aircraft shop mechanics). 2. The aircraft. crew licence shall be granted by issuing an airman licence to the applicant. Article 32. In cases where an application for aircraft crew licence has been submitted, the Minister of Transportation shall examine whether the applicant satisfies the standards of physical examination stipulated, by classifications under paragraph 1 of t.he preceding Article, by Ordinance of the Ministry of Transportation, and shall grant an aircraft crew licence to the person who satisfies them. Article 33. The aircraft. crew licence shall be valid for 6 months for the class of airline transport pilot and senior commercial pilot and for one year for other classes. PAGENO="0049" AIR LAWS A~D TREATIES OF THE WORLD 1431 (Instrument Flight Certification and Training for Pilot's Certi- fication) Article 34. No person who has obtained a certification of competence as commercial pilot or private pilot shall make an instrument flight by aircraft other than specified by Ordinance of the Ministry of Trans- portation, unless he has obtained a certification of instrument flight by tile Minister of Transportation. ~. Fnless he has obtained certification by tile Minister of Trans- portation in reference to the. competence as flight institictor ciassified by aircraft, no person shall give instruction to others in aircraft pilot- ing as specified by Ordinance of tile Ministry of Transportation who has not obtained a certification of competence as airline transport pilot., seiitor commercial pilot, commercial pilot or pIl\~ite pilot with regard to tile classification of aircraft. 3. The provisions of Article 26, paragraph 1, Articles 27, 29, and 30, shall apply accordingly to instrument flight certification and flight instructors certification under tile preceding two paragraphs. (Student Pilot) Article 35. Notwithstanding the provision of Article 28, any per- son who has obtained a permission of the Minister of Transportation may engage in piloting an aircraft. as student pilot wit.hout obtaining a. competence certification and aircraft crew licence. 2. In cases where there has been an application for permission under the preceding paragraph, the Minister of Transportation shall grant a permission when he deems tile applicant to Ilave the necessary qualifications for student pilot. 3. The permission under paragraph 1 shall be granted by issuing a permit as student pilot to the applicant. 4. The provisions of Article 30 and Article 67, paragraph 1, shall apply accordingly to any person who has obtained a permission under paragraph 1. (Delegation to Order) Article 36. Matt.ers relating to the form, issuance, reissuance and return of certificate of competence, airman licence and permit for flight, instruction and other matters concerning the competence certi- fication, aircraft crew licence, instrument flight certification, tra.ining for pilot's certification, and permission under the preceding Article, and subjects of examination, procedures for undergoing examination and ot.her matters concerning examinations under Article 29, para- graph 1, shall be stipulated by Ordinance of the Ministry of Transportation. CHAPTER v-AIRWAYS, AIRDROMES AND AIR NAVIGATIONAL AIDS (Designation of Airway) Article 37. The Minister of Transportatioll shall designate as air- ways patils through tile air space suitable for the navigation of aircraft.. 2. The designation of airways under the nreced~ng paragraph sllall be nlade by notifying t.he location and extent of tile air space. (Establishment of Airdrome.s or Air Navigational Aid) Article. 38. Any persoii other than the Minister of Transportation, when he intends to operate. ~ ~ dronie or an air navigational aid specified liv Cabinet Order. shall obtain permission from tile Minister of 39-737-65-vol. 11-4 PAGENO="0050" 1452 AIR LAWS AXD TREATIES OF THE WORLD ~. Any person who intends to apply for pe miss~on under the pie- ceding paragraph shall submit a written application describing, with regard to the facility, a plan for operation including the location, structure, etc.. plan for administration, scheduled date of completion and other matters specified by Ordinance of the Ministry of Transpor- tat ion. 3. In cases where there. has been an application for permission for the establishment of an airdrome, the Minister of Tf )rtation shall notity the location and size.* of the airdrome, landing strip, approach area, approach surf ace. horizontal surfa ce, transitional surface, sched- ule t commencement date of use and other matters specified by Orcii- nance of the Ministry of Transportation and post a notice thereof at t lie site. 4. Terms and conditions may he attached to permission un(ler para- gra ph 1 and they shall be subject to change. Examination of Aip1icatio1~) Article 39. Iii eases where there has been an application under the preceding Article, the Minister of Transportation shall examine whether the application complies with each of the following items: (1) The plan for establishment of the airdrome. or air navi- gational aid incllT(ling the ocation, structure, etc. shall comply with the standards stipulated by Ordinance of the Ministry of Transportation (~) The establishment of the airdrome or air navigational aid shall not seriously damage the interest of other persons; (3) The plan for administration of the airdrome or air navi- gational aid shall comply with the technical standards provided for in Article 47, paragraph 1; (4) The applicant ~hahl be capable of establishing and admin- istering the airdrome. or air navigational aid; (3) The applicant shall have ownership and other right of use in any airdrome as to its land or he may obtain them definitely. ~. The Minister of Transportation, when he makes an examination under the preceding paragraph with regard to a permission for the establishment of an airdrome, shall hold a public hearing and give any person who is interested in the establishment, of the airdrome a chance to express his opinion on the establishment of the airdrome. (Notification, etc., of Airdrome for Public Use) Article 40. The Minister of Transportation, when he has given per- mission for the establishment of an airdrome for public use, shall notify the location and size of the airdrome, landing strip, approach area, approach surface, transitional surface, horizontal surface and scheduled commencement date of use, and post a notice thereof at the site. [Added by Law No. 90, 1960.] The same shall apply in the case of an alteration (except under the provisions of Article 43, para- graph 1) as to matters notified and posted after commencement of use. (Completion of Airdrome Construction Work) Article 41. Any person who has obtained a permission to establish an airdrome in accordance with the. provision of Article 38, paragraph 1 (hereinafter referred to as ~operator of an airdrome") shall com- plete the work by the scheduled date of completion described in the application for permission. T-Towever, when he has obtained a per- inis~ioui of the Minister of Tr~nsportat~oii in cases where the work caui not be complete.d by the scheduled date of completion owing to PAGENO="0051" AiR LAWS AND TREATIES OF THE WORLD 1453 foice majeure or for other unavoidable reasons, he shall complete the work by the date designated by the Minister of Transportation, if possible. tCompletion Inspection) Article 4~. The operator of any airdrome or any person who has outained a pen is on to provute any air navigational aid in accord- ane with the provisioils of Xrtjcle. ~ paragi~tph 1 ~liereinafte.r re- fei~~'d to as ~1)e1I1t0l~ of fliV navigational aid) shall, when the work on t lie facility 115 pel11111te(i has been (ollipleted, subiiiit, without delay, to a ii inspect mu I ~y the M nister of Transportation. The J~Iiiiister of Transportation shall approve, the. tacility when, lij)Oi1 ilIspect ion, lie deems ii coniormilig to the plan for such establish- iient as described iii the application. The operator of any airdrome or the operator o~ any air naviga- tional aid shall, in cases where it has been approved after an inspec- tion under p agraph 1. lix without ([clay the commencement date of use and report it to die Miii ister of Traus1)ortat ion. 4. The operator of aiiv airdrome or the operator of any air naviga- t ional aid shall no~ put thic facility to use unless and until the coin- ni~~~nement date of use ieported in i(col(lance. wit Ii I he provisions of the iiieceding ~)a1agraph. Alteration of A 1l(lronie or Air ~\a vigational Aid) Article 43. The operator of :uiv airdrome or the operator of any iii navigat 1011111 aid shi~ih1 obtain a 1)erniissioii of tIle Minister of rli.iil5i)ol.tatioli ~viieii he intends to make alterations to tb~ facility, ~vh . ii are e.si)e(.ially ~nhl)ortant for securing air safety st ipula ted by Ordinance of i lie Ministry of Transportation. Added by Law No. 90. 1 9~0] : ( including when In' intends to make alt erations in the points marking an airdroiiie 2. The provisions of Article 3S, paragraphs ~2 to 4 inclusive, Article. 39. and the preceding Article sh1ill apply accor(lingly to the preceding pa1a~rapii. ITweveI', the. provisions of Article 3S paragraph 3, Article 39 paraurapll 2 and Article 40, shall apply accordingly only when any alteration in the size, approach area or transitional area of an airdrome iS made. (Suspension or Discontinuance of TTse) Article 44. The operator of any airdrome, whieii lie inteiids to suspend or discontinue the use of the airdrome, shall obtain a permis- sion of the Minister of Transportation. . The Minister of Transportation, in ca.ses where there has been an application for permission under the preceding paragraph, shall permit. the suspension or discontinua.nce of an airdrome, unless he deems it. clearly against the public interest. 3. There may be. added a term to the permission for discontinuance of use under paragraph 1. 4. The operator of any airdrome, the suspension of use of which has been permitted in accordance with the provision of paragraph 1, shall suhnnt to an inspection by the Minister of Transportation when lie intends to recommence the use of the airdrome. 5. The provisions of Article 42 paragraphs 2 to 4 inclusive shall apply accordingly to the case of re-commencement of use under the preceding paragraph. Article 45. The operator of any air navigational aid, when he in- tends to suspend or discontinue the use of the air navigational aid, PAGENO="0052" 1454 AIR LAWS A~\D TREATIES OF THE WORLD shall report to the. Minister of Transportation not latei' than, at the latest. seven days prior thereto. 2. The provisions of paragraphs 4 and .~ of the preceding Article shall apply accorduinilv to the case of re-commencement. of the sus- pended use of the air navigational aid. (Notification of Airdrome or Air Navigational Aid) Article 46. When the operator of an airdrome or of an air navi- gational aid has made a report under Article 42. paragraph 3. the Minister of Transportation shall notify the name, location of the facility, outline of installations and other items as specified by Ordi- nance. of the Ministry of Transportation. The same shall apply in cases where there has been any change in notified items, or where the use of the facility has been suspended. recommenced or discon- tinued. (Administration of Airdrome or Air Navigational Aid) Article 41. The operator of any airdrome or the operator of any air navigational aid shall administer the facility in accordance with technical standards as stipulated by Ordinance of the Ministry of Transportation. 2. The Minister of Transportation shall conduct periodical inspec tions of the facility in accordance with the provision of the Cabinet Order in order to ensure that, the airdrome or air navigational aid under the preceding paragraph be administered in accordance with the standards of the same paragraph. (Cancellation of Permission, etc.) Article 48. The Minister of Transportation may cancel the permis- sion for operation of an airdrome or air navigational aid or order the suspension of use for whole or part of an airdorme within a certain period in the following cases. However, with regard to the case of items (2) to (5) inclusive, the Minister of Transportation may cancel the permission for operation only when he has ordered t.he operator of an airdrome or the operator of an air navigational aid to take necessary measures within a reasonable period to make the facility comply with the plan described in the application or the standards under Article 39, paragraph 1, item 1, or to administer said facility in accordance with the technical standards under para- graph 1 of the preceding Article and the operator of the air naviga- tional aid has not obeyed such order within the period: (1) when the work is not completed by the scheduled date of completion described in the application under Article 38, para- graph 2 (the designated date when permitted in accordance with the provisions of the proviso of Article 41) without reasonable causes; (2) when said facility is deemed, after an inspection under Article 42, paragraph 1 (including its application under Article 43, paragraph 2), inconsistent with the plan for operation or alternation described in the application: (3) when, after an inspection under Article 42, paragraph 1, which applies in Article 44. paragraph 5, or Article 45, para- graph 2. said facility is deemed inconsistent with the plan cle- snhed in the. application (4) when the administration of the airdrome or air navi~a- tional aid is deemed inconsistent with the technical standards under paragraph 1 of the preceding Article: PAGENO="0053" AIR L.~WS AXD TFEtTIES OF THE WORLD 1455 (5) when the location. structure, etc. of an airdrome. fails to comply with the standards under Article 39. paragraph 1, item 1 (6) when the, operator has violated the conditions attached to the permission. (Ptest.rictioii. etc. of Object) Article 49. ~o person shall install, plant or leave any structure, plant or other object w]i~ch is projecting above the approach or tran- sitional surface as shown by the notification, after notification under Article. 40 (including where Article. 43, paragraph ~ applies) of any airdrome for public use has been made. [As amended `by Law No. 90. 1960 to read as follows:] However, the same shall not apply in cases where the provisional object and others specified by Ordinance of th~ Ministry of Transijortat ion are installed or remain with the ap- proval of the operator (except those relating to approach and transi- tioiial surfaces) and where such object is removed by the scheduled commencement. date of use. ~. The operator of an airdrome may request the owner of, and other 1)e1so1~s having authority over. any object instailecL Planted or left in violation of preceding paragraph (including plants which have. grow-n up to project above the approach or transitioiial surface), to remove the object. [Amended by Law No. 90, 196(.).] The operator of an airdrome may request. the owner of, and pe~~o~ who have authority over, the *olrccf existing at the time of the notification under paragraph 1, which projects above the approach or transitional surface (including plants existing at. the time of notification which have grown to project. above, the. approach, transitional or horizontal surface and structures existing at the time of notification which now project above such sur- faces to clue. such construct ion work ) to eliminate such portion of the object as projects above the approach or triuusitional surface, but he shall pay compensation for dannuges as may norniall be caused thereby, in accordance with the provisions of a. Cabinet. Order. -1. The owner of any object or any land on which such object. men- tioned in the preceding paragraph exists may request the operator of an airdrome, to purchase the object or land, when, by the removal of the object mentioned in the same paragraph, it has become ex- tremely difficult to make use of the object or land for the purpose for which it has hitherto been utilized. 5. The amount of damages to be compensated for under paragraph .3, and conditions for the purchase and price, etc. under the preceding paragraph, shall be decided after consultation between the persons concerned. The Minister of Iransportation shall decide in cases where consultation has not led or cannot lead to an agreement. [As amen(led by Law No. 140. May 16, 196~.] Any per~oii who is dbs~itisfie.d with the. amount of damages and the purchase p1'ic.e (le- ci(led upon under the preceding paragraph may bring a. suit. for an increase or decrease of the amount within 3 months from the. day when he has received a notification of the, decision. T. The operator of the airdrome or the owner of any object or land or any other person in authority shall be a. defendant in a suit under the preceding paragraph. ~. [Added by Law No. `161. Sept. 15, 1942.] In the case of an objec- tiiou ro the decision mentioned in paragraph 5, the objection to the colI(hitions for the puii~c.1iase shall not be the cause of the objection to the saidi decision. PAGENO="0054" 1456 AIR LAWS AND TREATIES OF THE WORLD Article it). lAs amended by Law No. 90. 1960, and Law No. 161, sept. 1.~, lt)t~.I The ~PeI~lto1~ of an airdrome for public use in accord- ;ince with the provision of a Cabinet Order, shall compensate the owner of any land and other person having authority over it. for l~iinages as iiiav normally be caused by the limitation of utilization under the provisioll of item (1) of the preceding paragraph with regard to the laud (only in cases where the distance from the approach rn transitional surface is less than 10 meters) corresponding to the proj ect ion surface of the approach, transitional or horizontal surface as a result of the operation of said airdrome or the alteration of any facilities under Article. 43, paragraph 1. ~. Lv the limit at~an of the utilization under the provision of para- ~r1a~)h 1 of the preceding Article, when it has become extremely Jiffi- nit to niake use of the land for the purpose for which it has hitherto been utilized, the owner of the landl under the preceding paragraph may reque-1. the operator of an airdrome to purchase the land in tccorclance with the provisioll of a. Cabinet Order, except in any case under paragraph 4 of the same Article. 3. The provisions of paragraphs ~ to S inclusive, of the preceding Article shall apply to any case ~uider the preceding two items. (Installation of Aeronautical Obstruction Light) Article ~l. [As amended by Law No. 96. 1960.] The owner of any structure with a height of 60 meters or more. from the ground or water shall install aeronautical obstruct ion lights on such objects in accord- ance with the provisions of an Ordinance of the Ministry of Trans- ~ortation. 1-Iowever. this shall, not apply when I here is an exception ~tranted by the ~\Iiii ister of Transportation. ~. Tile operator of an airdrome shall install aeronautical obstruc- tion lights on all stiuctures (except those on which aeronautical ob- struction lights must be jnstalled in accordance with the provisionS of tile prece(liu~ paragraph) wiiicli have been designated by Or- (Nuance of tic' Ministry of Transportation and which exists in an area which (()rlesponds to the approach. transitional or horizontal sur- faces of si cli airdrome as provided by Oid inance of tile Ministry of Transportation. 3. in accordance with the provisions of an Ordinance of the Mm- istrv of Transportation the Minister of Transportation shall install aeronautical olv~truct~on iuihts on structures other than those specified in the preceding paragraph, whjch clearly impede the safety of navi- ~at ion of aircraft. 4. The owner of. or persoll occupying any structures under the re- eding two paragraphs may not reject the ~nstailct ion of aeronaut~eal }o~truct ion li~hts 1 ~V the oI)crator of an airdrome or the Ministry of Transportation. An l)e1~~n who installs aeronautical obstruction lights TlI1.ler order of the Minister of Transportation or undler the provision of 1)itr~Lgraph 1 or ~. shall maintain them in such manner as may be st iJ)ulated l)V ()r(iinance of the Ministry of Transportation. 6. ~Vhen 1110 Min.~er ~` Ti:i:ispoi. iitioii ~nd~ lilt LIlY ~ iSOL ~ho lies installcdl aeronautical obctruction lights under paragra~)hs 1 and 2 (hoes not ma i iitaiii ti tern in compliance with the Ordinance of the Mm- istrv of Transuortation, lie may order such person to take the neces- sary steps to correct or improve such facilities. Article 5l-(2). [Addledi b Law No. 90, 1960] Any person who PAGENO="0055" AIR LAWS ~D TREATIES OF THE WORLD 1457 erects any chimney, iron tower, or other structure, as specified by Ordi- mince of the Millistrv of Transportation, which is in fact difficult to perceive by clay from an aircraft and which is sixty or more meters in height, shall install a day marker on s~cii structure ~n accordance with the provisions of the Ordiiiance of the Ministry of Transportation. 2. The Ministry of Transportation shall install da markers on structures other than those which must install day markers under the preceding paragraph, when they seriously impede I lie flight safety of aircraft, as l)1ov1(lc~(l by Ordinance of the Ministry of Transportation. 3. Paragraphs 4 to 6 inclusive of tIle plece(lilIg art icle shall apply to day markers. Restriction of ~iinilai Lhih~ Article ~2. ~\o ~~°" shall install aiiV lights I hat may impede t lie clear view of any aeronaut ica l light or that IIIOY be mimistakemi for any aeronautical light (1~ereiiiafter referred to as "sinmil.ar light"). 2. The Minister of Transportation lmiav order tiie operator of any similar light to shelter such light with in a specified period or to take other measures in oider I o 1)erllmit a clear vicw of any ~ieioiiant1cal 01.)- struction light. ~uid to 1)1('\elIt that they he mistaken for any aero- nautical obstruction 1 ighit. 3. Wi~en, in the ase o~ the preceding paragraph, aiiv siimiilar 1 ighit exists at the. lime of installal ion of aiiv OeioIIlIut ical light, the cost incurred by the measures under the sonic paragraph shall b~ borne by the operator of time aeronautcal light. (Prohibition of Staining. etc.) Article ~3. [As ~iiiiencTed liv Law No. 90. 1960.] No person shall stain or damage a runway. taxiwav or other important ijistallal ion or aid to air navigation on an airdronie as may be specified by Ordinance of the Ministry of ~ or COllilil it an other act which may en- danger their pioper operation. 2. No person shah 1 throw any object a ainst an a ircraft on an air- drome or commit any other act that may be specified by Ordinance of the Ministry of Transportation which may endanger the safety of air- craft operation. 3. No person shall effi er a lainhimi~ ~I i~ ~ t ax way, a p1011 or I lailga r without Ijermissioll. (Fees for Lse) Article 54. The operator of any 011(1 rome ot tile operator of any air navigational aid, when lie intends to fix the fee of' use Ivitil iegiiii to any a irdronie or any air navigat ional a hi for pull)lic use, shah ol 0 un approval of the Minister of Transpomtarioui. The. sonic shall apply in cases where the said operator intends to ~ilter time fee. (Operations Manual) Article 54-( 2). [Added by Law No. 00, 1960.] The operator of any airdrome shall 1)rovidle an operations manual relating to matters of conditions of public use of the airdrome and management. of other business, in accordance with tile Ordinance of tile Ministry of Trans. portation and lie post it. so that it may be easily seen by users. 2. The operator of any airdrome as specified in the preceding para- graph shall obtain the approval of the Minister of Transportation for such operations manual or for any changes therein. (Succession to Status of Operator of an Airdrome, etc.) Article 55. Any person who intends to take. over the operation of an airdrome or of an air navigational aid under this Law shall not. do so PAGENO="0056" 1458 AIR LAWS AND TREATIES OF THE WORLD except in the case of paragraph 3, unless such person has obtained a permission of the Minister of Transportation. 2. The provisions of Article 39, paragraph 1, item (4), shall apply to granting permission under the preceding paragraph. 3. In cases where the operator of an airdrome or the operator of an air navigational a.id has died, the heir (or the one who has been desig- nated after consultation to succeed to the status, when there are two or more heirs) shall succeed the status of the deceased under the provi- sion of this La.w. 4. The heir under the preceding paragraph, when he has succeeded to the status of the deceased under the provisions of this Law, shall report to that effect without delay to the Minister of Transportation. (Operation or Administration of Airdromes, etc., by the Minister of Transportation.) Article 56. The Minister of Transportation, when lie operates any airdrome or navigational aid or makes any alteration to the facilities thereof, shall comply with the standards under Article 39 paragraph 1 items (1), (2) and (5). 2. The provisions of Article 38. paragraph 3, Article 39, paragraph 2, Article 40, Article 46, Article 49. Article 50 and Article 51. paragraph 1. shall apply in cases where the Minister of Transportation operates any airdrome or air navigational aid or makes any alteration to the facilites thereof. ilowever, the provisions of Article 39, paragraph 2 shall not apply in case where the site of the airdrome has previously beeii lawfully used for landing or takeoff of any aircraft and there has not been any structure, plant or other materials with a height above the approach surface or transitional surface of said airdrome. 3. The provisions of Article 41. paragraph 1, and Article 51, para- graph 4 (only in so far as they relate to aeronautical obstruction lights under paragraph 1 of the same Article) shall apply in cases where the Minister of Transportation administers airdromes or air navigational aids. (Exception of First Class Airport, etc.) Article 56-(2). [As amended by Law No. 90, 1960.] The Minister of Transportation may designate extension approach or conical sur- faces or outside horizontal surfaces oi~ first and second class airports as specified by Cabinet Order. 2. An extension approach surface shall be an area comprised by the outside base of the approach surface on tile plane including the ap- proach surface extended upward and outward from the slope of the approach surface in a straight line parallel to said base to a horizontal distance of 15,000 meters from the inside base of the approach surface. 3. A conical surface shall be a conical area abutting the outer edge of the horizontal surface and its intersection with the vertical surface including the reference point of the airport which shall not have less than 1 ~5OtIl outward and upward to tile horizontal plane and which shall have a gradient specified by Ordinance of the Ministry of Trails- portation. Its reflecting plane shall be enclosed by a circle drawn horizontally from the reference point as center with a radius of not more rhan 16,500 meters as specitied hi Ordinance of the Ministry of Transportation, and which shall be limited to all area necessary for safety of landing and taking off of aircraft. 4. An outside horizontal surface shall be a horizontal area which in- cludes the upper edge of the conical surface specified in the preceding PAGENO="0057" AIR LAWS AND TREATIES OF THE WORLD 1459 paragraph and its reflecting plane shall be enclosed by a circle drawn horizontally from the reference point of the airport as center with a radius of not more than 24,000 meters as specified by Ordinance of the Ministry of Transportation (except the part when the reflecting plane corresponds to the reflecting point of the horizontal or conical surface) and which shall be limited to an area necessary for the landing and taking off of aircraft. Article 56-(3). [Added by Law- No. 90, 1960.] When he makes a designation under paragraph 1 of the preceding article or makes changes in a designated area, the Minister of Transportation shall as- certain that. there is no damage to the interests of landowners and other persons in the vicinity of the airdrome. 2. Article 38, paragraph 3, Article 39, paragraph 2. and Article 40 shall apply when a designation under paragraph 1 of the preceding article has been made or any alteration has been added to designated matters. Article 56-(4). [Added by Law No. 90, 1960, and amended by Law No. 161, Sept. 15, 1962.] Except for actual construction work of buildings of which notification has been made, no person shall install, plant., or leave any structure, planting or other object which projects above the extension approach surface, conical surf ace, or outside hori- zontal surfa.ce (as to the areas in which these reflecting surfaces corre- sponci to each other, the lowest surfaces) as shown in the notification under Article 40 as applied under paragraph 2 of the preceding article with regard to an airport specified in Article 56-(2), paragraph 1. 2. The proviso in Article 49, paragraph 1, shall apply to conical and outside horizontal surfaces. 3. Article 49, paragraph 2 shall apply to objects which violate para- graph 1, and paragraphs 3 to 8 of the same article shall apply to exist- ing objects in case of notification under paragraph 1 when they project above the extension approach, the conical, or the outside horizontal surfaces. (1)e.signation, etc., of Facilities for Public Fse) Article 56-S. [Re-designate Article 56-S by Law No. 90, 1960.] When he deems it necessary to 1)roiuote the public interest, the. Miii- ister of Transportation may designate a landing stril) and other facilities as facilities for public use with regard to an airdrome oper- ated by the Defense Forces. 2. The designation under the preceding paragraph shall be made by the notification of name. and location of the. installation, outline of facilities and other matters specified by Ordinance of the Ministry of rFsrtqtioli ~. \VIie.n any change has been made in the not i ficat ion under the preceding paragraph with regard to tIme facilities in reference. to tIme clesigiiation under paragraph 1, the Minister of `Transportation shall, without delay, giva notice. of the. matters in reference to the said change. 4. When he has cancelled the designation under paragraph 1, the Minister of Transportation shall give notice to that effect without delay. 5. When he intends to make a desuznatjomi under parag1~lp1l 1. or to cancel the desjgnation under the preceding palagra ph. the Minister of Transportation shall negotiate with the Director of the I)efen~e Department. PAGENO="0058" 1460 AIR LAWS AND TREATIES OF THE WORLD 6. When the (lesignat ion under paragraph 1 has been made, the Di- rector of the J)efense Department shall provide the facilities for pub- lic. use. However, the same shall not apply in cases where there are unavoidable causes. 7. The Director of the i)efense Department shall not discrinunate against any specified users with regard to the conditions of the use of facilities in reference to the designation under paragraph 1. C11A PTER VI-OPEIIATION OF AIRCRAFT (I)isplay of Nationality Mark, etc.) Article 57. No aircraft shall be used for air navigation unless the iiationality mark, registration mark and the owner's name or title are displayed on the aircraft in accordance with the provisions of an Or- (hillailce of the Ministry of Transportation. 1-I owever, t lie ~aine shall not apply where peruuitte(l by the proviso of Article 11. (Aircraft Logbook) Article 58. All aircraft shall carry a flight logbook of such form as may be specified by Ministry of Transportation Ordinance. ~. Any usei of an iii i'craft, who has used the aircraft for air ilaviga- ion, or repaired 01 remodeled it, shall enter without delay in the air- craft io~rbook such items as iiiav he specified b Ordinance of the Mm- ist iv of Transportation. 3. The provisions of the prece(lillg two ~ shall not apply where permitted by the proviso of Article 11. )ocuuiients to be carried iii Aircraft) Article 59. ~\o aircraft (excepting aircraft specified by Ordinance of the Ministry of Transportation) shall be used for air navigation unless it carries the following documents. However, the same shall not apply in cases where permitted by the Minister of Transportation in accordance with the proviso of Article 11. They are (1) A registration certificate: (~) An airworthiness certificate; 3) A flight logbook. (4) [Added by Law No. t~0, 1960.] Other clocumeiits necessary for the safety of air navigation as specified by Ordinance of the Ministry of Transportation. Compulsory Radio Equipment) Article 60. No aircraft shall be used for air navigation in the follow- ing cases unless equipped with radio equipment as specified by Ordi- nance of the Ministry of rflansportation: (1) When it us used for air transportation (except when speci- fled by Ordinance of the Ministry of Transportation) (~) When it is making a flight under instrument flight rule conditions in an air traflic control area or zone; (3) ~\Vhen it is making a flight over areas made publicly known by the Minister of Transportation, in which search or rescue is difficult.. (Safety Equipment) Article 61. No aircraft specified by Ordinance of the Ministry of Transportation shall be used for air navigation unless equipped with parachutes, life jackets, emergency 5ignal 1ight~ and olher em~g~~y eqii ipment spec~ tied by Ordinance of the Ministry of Transportatioi~. PAGENO="0059" AIR LAWS AND TREATIES OF THE WOHLD 1461 (Equipment iii Uase of Special Flights) Article 62. No aircraft which is not equipped with a dc-icing equip- Inent, outside thermometer, oxygen apparatus, navigation instru- ments and other special equipment. for the safety of air navigation specified by Ordinance of the Ministry of rfriliisIJol.tatioll may make a high altitude flight or a flight in the clou(l5 or other special flights specified by Ordinance of the Ministry of Transportation. (Fuel of Aircraft) Article 63. When it is used for air transportation, no aircraft shall take off or fly under instrument flight rules conditions, or expect to make a. flight under instrument flight rules conditions on the way, unless it carries such amount of fuel as may be specified by Ordinance of the Ministry of Transportation. (Aircraft Lights) Article. 64. When navigating or parking by night. (between sunset and sunrise) or stopping at any airdrome used for night. flight opera~ tions, all aircraft shall l)e marked with lights in accordance with the provisions of Ordinance of the Ministry of Transportation. (Persons by whom Aircraft to be manned) Article 65. All aircraft shall be manned by an airiiian who can pilot, it in accordance with the provisiolls of Article S. . Any aircraft. which is described in the "Airciaft' collimn of the following table shall be manned by an airman, in addition to the air- man under the preceding paragraph, who can perform acts described in the "Duties" column of the said table in accordance with the pro- visions of Article 28. Aircraft Duties Any aircraft which comes under any one. of the following items: 1) An aircraft for which, in lhritt of its construction, two per- sons are required for handling the retractable landing gear, flaps and ethic r parts ) An aircraft used for air tranSportatiOn of ~~~55eflge15, \vllichI makes a flight under instru- ment 11 ight rule conditions. 3) An aircraft used for air traiwpoi.tatioii of passengers, which makes fli~hts of more than five hours. Any aircraft which comes under any one of the following: (1) An aircraft equipped with four or more engines and having a inaxinium take-off weight of 35,- 000 kiloizrams; () An aircraft, for handing the aircraft eligine or airframe of which, in light, of its construction, only a pilot (any person who en- gages in piloting an aircraft is not sufficient. Piloting of aircra ft. Handling of aircraft engine and airframe performed on board (ex- cepting controlling of piloting system). PAGENO="0060" 1462 AIR LAWS AND TREATIES OF THE WORLD Article 66. An-v aircraft described in the "Aircraft" colunin of the following table shall be manned by airmen, in addition to the pilot under the preceding Article, who may perform acts described in the "Duties" column of the said table in accordance with the provisions of Article 28. Aircraft Duties An aircraft which is to be Handling of the radio appa- equipped with radio apparatus ratus mentioned in the left-side (excepting those specified by Ordi- column. nance of the Ministry of Trans- portation) in accordance with the provision of Article 60. An aircraft which makes a. non- l)etermination of the position stop flight over a clistaiice of more and course of aircraft and calcu- than 5i~() kilometers. lation of air-navigational data. 2. Notwithstanding the provisions of the preceding paragraph, where the performance of his own duties is not hindered by any per- son performing the respective duties of an other airman as stated in the "Duties" column of the table of the said paragraph, there need not be an airman prescribed by the said paragraph. (Documents to be c.arrie.d by Airman) Article 67. Any airman, when he performs his air service, shall carry a certificate of competence. 2. Any aircraft. crew- member ( any airman who engages. on hoard, in the operation of aircraft) shall, when he performs his air service, carry an airman's licence in addition to certificate of competence. (Standards of Crew Assignment) Article 68. No person w-ho engages in air transportation shall have the aircraft crew member of any aircraft which lie uses, engage in the operation of aircraft, except as conforming with the assignment of such crew- member to be prepared in accordance with the standards sJ)ecifled by Ordinance of the Ministry of Transportation. (Recent Flight Experience) Article 00. No aircraft crew member shall engage. in the operation of an airc.raft which is used for air transportation, or make an instru- ment or night flight, or conduct training for piloting iimler Article. 34~ paragraph 2, unless he has specified flight experience within a speci- fied period as stipulated by Ordinance of the Ministry of Tra~is- portation. (Intoxicating Liquor. etc.) Article 70. No aircraft crew member shall perform his air service while there is danger of their being unable to perform a normal oper- ation of the aircraft. under the influence of an intoxicant or narcotic and other chemicals. (Physical Deficiencies) Article 71. No aircraft. crew member who does not satisfy the stand- arcls for physical examination under Article 32 shall perform air service, even if withiii the duration of the aircraft licence under Artiole 33. PAGENO="0061" AIfl LAWS AND TREATIES OF THE WORLD 1463 (Route Qualification of Pilot-in-Command) Article 72. [As amended by Law No. 90, 1960.] A pilot-in-command of an aircraft used for scheduled air transportation shall obtain an approval of the Minister of Transportation with respect to possession of piloting experience of aircraft over the pertinent route and knowl- edge of the pertinent route as may be stipulated by Ordinance of the Ministry of Transportation. 2. The Minister of Transportation shall, in accordance with the pro- visions of Ordinance of the Ministry of Transportation, examine pe- riodically whether such person who obtained an approval under the preceding paragraph possesses the said experience and kiiowledge pro- vided for in the same paragraph. 3. When the Minister of Transportation, as a result of the preced- ing examination~ deems that the person who obtained an approval under paragraph 1, does not possess the foregoing experience and knowledge, he shall cancel the approval. (Power of Pilot-in-Command) Article 73. The pilot-in-command shall direct and supervise all per- sons who perform duties on hoard the aircraft. (Confirmation before Departure) Article 73-2. [Added by Law No. 90, 1960.] A pilot-in-command may not, have the aircraft take off unless lie has ascertained tlia.t the aircraft is airworthy and has been maintained for proper operation in accordance with the Ordinance of the Ministry of Transportation. (Measures in Case of Danger) Article 74. When there has occurred any danger, or when he deems there may be any danger to the aircraft or to passengers, the pilot-in- command may order the passengers in the aircraft to take measures to leave the aircraft or take other measures necessary for safety. Article 75. In cases where there is any urgent danger to the aircraft while it is navigating, the pilot-in-command shall use every means necessary for rescuing the passengers and preventing injury to persons or property on the land or water, and shall not leave the aircraft which he directs unless he has made the passengers and other persons on board t.he aircraft leave it. (Obligation to Report) Article 76. When there has occurred any of the following accidents, the pilot-in-command shall report to that effect to the Minister of Transportation in accordance with the provisions of Ordinance of the Ministry of Transport.ation. However, when the pilot-in-command is unable to report., the oper- ator of the aircraft shall report: (1) A crash or collision of, or fire in an aircraft., or other aircraft accident: (2) An injury or death to any person, or damage to, or de- struction of, any object. caused by the aircraft.; (3) A death or loss of any person on board the aircraft. (4) [Added by Law No. 90, 1960.] Other accidents relating to aircraft. as specified by Ordinance of the Ministry of Transporta- t,ion. 2. When he has learned that any accident mentioned in item (1) of the preeMing paragraph has occurred to any other aircraft, the pilot.- in-command shall report to that effect to the Minister of Transporta- tion in accordance wit.h the provisions of Ordina.nce of the Ministry PAGENO="0062" 1464 AIR LAWS AND TREATIES OF THE WORLD of Transportation except when he has learne.d it by wireless telegram or telephone. 3. [Added by Law No. 90, 1960.] When he has personal knowledga of any nialfunction of aids to air navigation during a flight or other- wise as specified by Ordinance of the Ministry of Transportation as affecting safety of aircraft operation. the pilot-in-command shall re- l)01~t to tile Mn ist !V of `i1iull~pOItiitiO1l in accordance with tile Ordi- nance of the ~ . iist rv of `Iransportation except when he has acquired such knowledge by other means. (Aircraft Dispatctier Article 7~. 1nless the pilot-in-command of the aircraft has obtained clearance from an a irtiaft dispatcher provided by the sc heduled air traii~port operator iiiidei Article 102. paragraph 1. 110 aircraft used for scheduled air tiansportation shall take off or alter the flight plan. Article. 75. A cv aircraft dispatcher under tile preceding Article shall pass a compel e~ ic test as aircraft dispatcher by the Minister of Tran sporta t ion. 2. A coflipetenee test as aircraft dispatcher will be made. for the purpose of judging whether an applicant has such knowledge and such competence with regard to aircraft, air navigational aid, radio com- munications and meteorology as is necessary for performing his duties under the 1)rece(ling paragraph. 3. No person shall be permitted to take a competence test. as aircraft dispatcher unless lie is of such age and has such experience with regard to the. operation of aiicraft as niav J)C stipulated by Ordinaiice of the Ministry of Transportation. 4. Fhe provisions of Articles 27. 29. and 30. shall apply to a compe- tence test as aircraft dispatcher. ~. The procedures of application for competence test as aircraft dispatcher and other matters shall be stipulated by Ordinance of the Ministry of Transportation. (Place for Landing and Takeoff) Article 79. No aircraft. (excepting aircraft. specified by Ordinance of the. Ministry of rjl tt shall take off or land. on land at places other than ajrdromes, or on water at places specified by Ordi- iiance of the Ministry of Transportation. However, tile same shall Dot appi~ in cases where there are any unavoidable reasons or where permitted by the Minister of Transportation. (Prohibited Area) Article SO. No aircraft shall make a flight over an area in which there may be danger to the flight of aircraft, which may be desig- nated by Ordinance of tile Ministry of Transportation. However, the same shall not apply ill cases where permitted by the Minister of I ra lispolt at Ion. MilminiliflI Safe Altitude) Article 51. Except when i takes off or lands, taking into consider- iriomi the safety of persons or property on land or water and the safety of aircraft, no aircraft shall make a. flight at. an altitude less than t hat sri 1)111 at ed by Or(linance of tile Ministry of Transportat ion. however, time same shall not apply in cases where permitted by the Minister of Transportation. Article 81-(2). [Added by Law No. 90, 1960.] The t.hree preceding articles shall not apply to flight made for purposes of search and rescue PAGENO="0063" AIR LAWS AND TREATIES OF THE WORLD 1465 in cases of air accidents, maritime d~sasters or other ac(idents specitied by Ordinance of the Ministry of Transportation. ((~ruising Altitude) Article 82. When it is flying at. an altitude of 900 meters or niore above the land or water under visual flight, rule conditions, or at an altitude of 300 meters or more under inst rument flight rule conditions, any aircraft. shall cruise at an alt itucle as specified by Ordinance of the Ministry of Transportation. (Prevention of Collision) Article 83. [As amended by Law No. 90. 1900.] Any aircraft shall navigate in accordance with the course. path. speed and other methods of navigation as ma be spe(ufied by ( )rdinance of the Ministry of Transportation for the purpose. of preventing collisions with other aircraft or ships and insuring safety of taking-off or landing of the aircraft on the airdrome. however, iii case. where the aircraft. is on water, it shall be determined in accordance with provisions of the Law concernin~ Prevention of Collisions at Sea. (Formation Flight) Article 84. No aircraft used for air transportation shall make a formation flight unless permitted by the Minister of Transportation. 2. When making a formation flight., the pilot-in-command of aircraft shall make arrangements, prior to such a flight, as t.o the method of formation, the method of signs between aircraft and such other matters specified by Ordinance of the Ministry of Transportation. (Prohibition of Reckless Operation) Article 85. No aircraft shall make a flight, "buzz" or dive at low altitude without any operational necessity, or shall be piloted in a manner amio'ving to other persons. (Prohibition of Carriage of Explosives~ etc.) Article 86. Explosives or other articles of easily combustible nature or articles which are liable to injure persons or damage property as specified by Ordinance of the Ministry of Transportation shall not be carried by aircraft. 2. No person shall put into aircraft. any articles described in the preceding paragraph. Article 86-(2). [Added by Law No. 90, 1960.] When there is rea- son to suspect that. articles, baggage or personal effects carried by pas- sengers or objects loaded or about to l)e loaded on an aircraft may contain articles specified in paragraph 1 of the preceding article be- cause. of their shape weight. or for other reasons, the air carrier may refuse to transport such objects or their being loaded on an aircraft and request the consignor or shipper to unload such objects or he may unload them himself. Ijowever, he may unload such objects himself only when the consignor or shipper of the object is not available. 2. When the Minister of Transportation deems it urgent. for the safety of air navigation, he may order measures to be tak~n under the preceding paragraph against, any person engaged in air transporta- tion. (Pilotless Aircraft) Article 87. Notwithstanding the provisions of Article 6~i and 66. any aircraft having an apparatus which enables it to fly without being manned by a pilot may, when permitted by the. Minister of Transpor- tation, make a flight without being manned by an air crew provided for by these provisions. PAGENO="0064" 1466 AIR LAWS AND TREATIES OF THE WORLD 2. In granting a permission under the preceding paragraph, the Minister of Transportation may put restrictions to the methods of flight with regard to the aircraft when he deems it necessary for pre- venting any danger occurring to other aircraft. (Towing of Object) Article 88. Towing of objects by aircraft shall be conducted in ac- cordance with safety standards as stipulated by Ordinance of the Min- istry of Transportation. (Jettisoning of Object) Article 89. No person shall jettison any object from an aircraft. However, the same shall not apply in cases where there is no danger of causing injury or damage to persons or property on land or water and where he has reported it. to the Minister of Transportation. (Parachute Jumping) Article 90. No persons other thaii those who have obtained a permis- sion of the Minister of Transportation shall make a parachute descent from an aircraft. (Acrobatic Flight) Article 91. [As amended by Law No. 90, 1960.] No aircraft shall perform loops, rolls and other acrobatic flights except in an air area other than the following air areas and at. an altitude higher than that stipulated by Ordinance of the Ministry of Transportation, and with a visibility of more than ~ kilometers (8 kilometers in case the altitude is more than 7.300 meters). However, the same shall not apply in case where permitted by the Minister of Transportation: (1) Within a congested area of persons or houses; (2) Within an airway: (3) W~ithin an air traffic control zone. (Performance of Training for Student. Pilot) Article 92. Any person who has obtained a permission under Article 35, paragraph 1 shall, when he intends to get. flight training, conduct it under the supervision of a person certified as instructor under Article 34, paragraph 2. The same shall apply in cases where any person who has a compe- tence certification as airline transport pilot, senior commercial pilot, commercial pilot or private pilot, trains for piloting of any kind of aircraft. other than that defined with regard to the competence certi- fication. (Places of Training, etc. for Aircraft Piloting) Article 93. No training for aircraft piloting under the preceding Article and no flight for t.he purpose of t.esting aircraft shall be con- ducted in an a.ir traffic control area or air traffic control zone. How- ever, the same shall not apply in cases where permitted by the Minis- ter of Transportation. (Flight under Visual Flight Rule Conditions) Article 94. No aircraft shall make an instrument flight under vis- ual flight, rule conditions. (Instrument Flight Rules) Article 94-(2). [Added by Law No. 90, 1960.] All aircraft shall fly under instrument flight rules under instrument flight rule condi- tions or under conditions specified by the Minister of Transportation cn notification from an air traffic control area or zone. However, this PAGENO="0065" AIR LAWS AND TREATIES OF THE WORLD 1467 shall not apply in cases where permitted by the Minister of Transportation. (Flight under Instrument Flight Rules Conditions) Article 95. No aircraft shall make a flight under instrument thght rule conditions unless piloted by a. person who has obtamed a certihca- tion of competence as airline transport pilot or senior commercial pilot, or person or private pilot and has obtained a certification of instrument flight. however, tIre same shall not apply in cases where permitted by the Minister of Transportation. (Air Traffic Instructions) Article 96. Any aircraft shall navigate in an air traffic control area or air traffic control zone in accordance with instructions which are given by the Minister of Transportation with regard to t.he order, time or method of takeoff or landing, or method of flight in consid- eration of the safety of air traffic. [Added by Law No. 90, 1960.] 2. Any person engaged in a business relating to an airdrome designated by the Minister of Transportation under Article 2, paragraph 12 (including any person engaged in a business relating to work on airdromes specified by Ordinance of the Ministry of Transportation) shall comply with the instructions of the Minister of Transportation in regard to safety of air traffic on airdromes. (Flight Plan and Approval therefor) Article 97. Any aircraft shall, prior to takeoff from an airdrome within an air traffic control zone or prior to entering an air traffic control area or air traffic control zone under instrument fiight~ rule conditions, obtain the approval of a flight plan by the~ Minister of Transportation, in accordance with the provisions of an Ordinance of the Ministry of Transportation. The same shall apply in cases where there is an intention to alter the approved flight plan. 2. Any aircraft which makes a flight under instrument flight con- (litions (excepting the case under the preceding paragraph) or makes a flight under visual flight conditions (excepting the case stipulated in an Ordinance of the Ministry of Transportation), shall file the flight plan with the Minister of Transportation as may be stipulated by Ordinance of the Ministry of Transportation. 3. Any aircraft which has obtained an approval of the flight~ plan or has notified the flight plan in accordance with the provisions under paragraph 1 of the preceding paragraph, shall be navigated in ac- cordance with the flight plan besides the instructions of the Ministry of Transportation. However, the same shall not apply in cases where it navigates in accordance with the methods stipulated by the Ordi- nance of the Ministry of Transportation when the radio equipment is out of order. 4. Any aircraft which has obtained an approval of the flight plan or has notified the flight plan in accordance with the provisions under paragraph 1 or paragraph 2, shall, while it is navigating in an air traffic control area or air traffic control zone, receive instructions on air traffic which are issued by the Minister of Transportation and re- port to him the location of the aircraft, flight conditions and other matters as may be specified by Ordinance~ of the Ministry of Trans- portation in accordance with the methods as may be stipulated by Ordinances of the Ministry of Transportation. 39-737---65----~vo1. II--5 PAGENO="0066" 1468 AIR LAWS AND TREATIES OF THE WORLD (Notification of Arrival) Article 98. The pilot-in-command of an aircraft, who has obtained an approval of his flight plan in accordance with the preceding Article or who has notified the flight plan, shall, when the aircraft has com- pleted the flight described in the flight plan, report without delay to the Ministry of Transportation to that effect. (Provision of Information) Article 99. [As amended by Law No. 90, 1960.] The Minister of Transportation shall provide information needed for the operation of aircraft to aircraft crews, in accordance with the Ordinance of the Ministry of Transportation. CHAPTER vu-AIR TRANSPORTATION~ ETC. (Licence) Article 100. An person who intends to engage in scheduled air transportation shall obtain for each route a license from the Minister of Transportation. 2. Any lerson who intends to obtain a license under the preceding paragraph shall submit an application to the Minister of Transporta- tion, describing a business program (a progra.m for the operation of aircraft and the maintenance necessary t.herefor), estimate of income and expenses of business, scheduled commencement date for operation and other matters as may be stipulated by Ordinance of the Ministry of Transportation. 3. The Minister of Transportation may request the applicant to submit a copy of the commercial register and other necessary docu- ments in addition to those prescribed in the preceding paragraph. (Licenc.ing Standards) Article 101. Tn cases where there has been an application under the preceding Artic1e~ the Minister of Transportation shall examine whether it conforms to each of the following: (1) The opening of the business shall meet the needs of the public: (2) The opening of the business shall not make the supply ex- cessive over the demand of air transportation on the route; [As amended by Law No. 90, 1960.] (3) The business program shall be suitable from the viewpoint of air safety: (4) The applicant shall be able to perform the business properly: (5) The applicant shall not come under any of the following: 1) Any person who comes under any item of Article 4, paragraph 1; 2) [As amended by Law No. 90, 1960.] Any person whose license for scheduled air transportation, non-scheduled air transportation, freight forwarding, or aircraft-using enter- prise was cancelled, and less than two years have passed since the date of such cancellation; 3) Any person who has been sentenced to a penalty heavier than imprisonment for violation of any provision of this Law, and less than two years have passed after he com- pleted the sentence or it has been canceled; 4) Any juridical person whose officer or officers come under any of the provisions of 2) or 3). PAGENO="0067" AIR LAWS AND TREATIES OF THE WORLD 1469 2. When he deems the application conforming to the standards mentioned in the preceding paragraph and after an examination un- der the provision of the sanie paragraph, the Minister of Transporta- tion shall issue a licenc.e for scheduled air transportation. (Inspection prior to Operation) Article 102. No person who has obtained a license, under Article 100, paragraph 1 (hereinafter referred to as `scheduled air transport enterprise") shall begin operation unless he has undergone and passed an inspection of aircraft and other facilities used for the licenced enterprise by the Minister of Transportation. 2. The Minist.er of Transportation shall consider any seheduled air transport enterprise to be eligible when lie has found after a.n inspec- tion under the preceding paragraph that it is capable of conducting the services with the facilities in accordance with this Law and the business program. (Obligation to commence Operation) Article 103. Any scheduled air transport enterprise shall commence the operation on the day stated in the application for the license. However, it. may commence the operation before the day in cases where the Minister of Transportation has been notified in advance. 2. The Minister of Transportation may postpone the day in accord- ance with an application, when the operation cannot be inaugurated on the day of t.he preceding paragraph owing to natural calamity or other unavoidable reasons. (Approval of Operation and Maintenance Manuals) Article 104. Any scheduled air transport enterprise shall issue an operation and maintenance manual with regard to the matters con- cerning the operation and maintenance of aircraft, stipulated by Or- dinance of the Ministry of Transportation and obtain an approval of the Minister of Transportation. The same shall apply to the case of any change therein. 2. The Minister of Transportation shall grant an approval under the preceding paragraph when lie deems the operation and mainte- riance manual under the same paragraph conforming to the technical standards stipulated by Ordinance of the Ministry of Transportation. (Approval of Fares, Rates and Charges) Article 105. Any scheduled air transport enterprise shall fix fares, rates and charges for passengers and freights (except mails) and ob- tain an approval of the Minister of Transportat.ion. The same shall apply in t.he case of any change thereof. 2. W'hen he intends to grant an approval under the preceding para- graph, the Minister of Transportation shall conform to the following standards: (1) They shall not be in excess of reasonable expenses of the services under efficient management plus a reasonable profit; (2) The nature of the services provided by the enterprise shall be taken into consideration; (3) They shall not unfairly discriminate against any specific passenger or consignor; (4) They shall not make the utilization of the business by pas- sengers and consignors unduly difficult; (5) They shall not bring about unfair competition with other air transport enterprises. PAGENO="0068" AIR LAWS AND TREATIES OF THE WORLD 1470 (Approval of Conditions of Transportation) Article 106. Any scheduled air transport enterprise shall fix conth- tions of transportation and obtain an approval of the Minister of Transportation. The same shall apply to the case of any change thereof. 2. When he intends to grant an approval under the preceding para- graph, the Minister of Transportation shall conform to the following standards (1) There shall be no danger of impeding the just interest of the public (2) There shall be provided for at least receipts of fares and charges to passengers and freights, and matters concerning the enterprises liability relating to the transportation. (Notices of Fares, Rates and Charges, etc.) Article lOT. Any scheduled air transport. enterprise shall post a notice of the fares, rates and charges and the conditions of transpor- tation visible to the public at the business premises and at other work- ing places. (Business Program) Article 10g. In performing its business, any schechiled air trans- p~'~ enterprise shall comply with the business program except as due to natural calamity or other unavoidable causes. 2. When he deems any air transport enterprise in violation of the provisions of the preceding paragraph~ the Minister of Transporta- tion may order such scheduled air transport enterprise to perform the services in accordance with the business program. Article 109. When he intends to alter the business program. any scheduled air transport enterprise shall obtain an approval of the Minister of Transportation. 2. The provisions of Article 101 (excepting those coming under paia~iraph 1. item (~)). shall apply to an approval under the prececi- ing paragraph. (Agreement concerning Transportation) Article 110. When it is intended to conclude an agreement concern- ing through-traffic. fares or other transportation with other transport enterprises, any scheduled air transport enterprise shall obtain an approval of the Minister of Transportation. The. same shall apply in cases where it is intended to make any change therein. 2. The. Minister of Transportation shall grant an approval under the preceding paragraph when the agreement promotes the public convemeflce. (Exception from Application of the Law concerning the Prohi- bition of Private Monopoly and the Methods of Preserving Fair Trade) Article 111. The provisions of the Law concerning the Prohibition of Private Monopoly and the Methods of Preserving Fair Trade (Law ~\o. ~4 of 1947) shall not apply to any lawful act effected upon approval under paragraph I of the preceding Article. However, the same shall not apply in cases where unfair methods of competi- tion are used or an unreasonable rise of the fares or charges is caused ~v limiting competition in the specified field of trade. PAGENO="0069" AIR LAWS AcD TREATIES OF THE WORLD 1471 (Order for Improvement of Business) Article 112. When he deems that there is any fact by which the public welfare may be adversely affected with regard to the business of any scheduled i~ir transport enterprise, the Minister of rrranspor tation may order the enterprise to do any act mentioned in the fol- lowing items (1) To after the business items; (2) To alter fares, charges or conditions of transportation; (3) To improve aircraft and other facilities; (4) To conclude an insurance contract to cover the compensa- tion for damages due to aircraft accidents. (flhlization of rllithe, Loan of Business, etc.) Avticle. 113. No scheduled air transport enterprise shall allow an- other person to utilize his license for scheduled air transportation. 2. No scheduled air transport enterprise shall allow another person to operate its business in its name whether by loan of the business or by other means. (Transfer and Taking Over of Business) Article 114. In cases where any scheduled air transport enterprise transfers the air transport enterprise, the transferee shall succeed the transferor's status under this Law when the transferor and the trans- feree have obtained an approval of the Minister of Transportation with regard to the transfer and taking over. 2. The provisions of Article 101 shall apply to an approval under the preceding paragraph. (Amalgamation of Business) Article 115. In the case of an amalgamation of juridical persons who are scheduled air transport enterprises (excepting when any jurid- ical persoll who is a scheduled air transport enterprise continues to exist in cases where. the juridical person who is a scheduled air trans- port enterprise amalgamates with any juridical person who is not engaged in a scheduled air transport enterprise), the juridical person who continues to exist or the juridical person established by amalga- mat ion shall succeed to the status of the scheduled air transport enter- prise under this Law, when the amalgamation has been approved by the Minister of Transportation before it becomes effective. 2. The provisions of Article 104 shall apply to an approval under the prececluig paragraph. (Inheritance) Article 116. In the case of the death of the operator of a scheduled air transport enterprise, the heir (an heir who has been designated after consultation as heir to succeed to the enterprise when there are two or more heirs) shall succeed the status of a scheduled air trans- port enterprise under this Law. 2. When the successor under the preceding paragraph has not. ap- plied for the inheritance within sixty days after the death of the deceased, the license for air transportation shall be invalid after ex- piration of such term. The same shall apply, in cases where an ap- plicatioii for approval has been disapproved, on and after the day such disposition has been made. 3. The provisions of Article 101 shall apply to an approval under the preceding paragraph. PAGENO="0070" 1472 AIR LAWS AND TREATIES OF THE WORLD (Suspension of Business) Article 117. Any scheduled air transport enterprise shall, when it intends to suspend its business, obtain a permission of the Minister of Tranportation. 2. Except~ when he deems there is any danger of the public conven- ience being impeded by suspension, the Minister of Transportation shall grant a permission under the preceding paragraph. 3. The permission for the suspension of business under paragraph 1 shall not be given for a period of more than one year. (Closure of Business) Article 118. When it has closed its business, any scheduled air trans- port enterprise shall report without delay to that effect to the Minis- ter of Transportation. (Discontinuance of Business and Cancellation of License) Article 119. `When any air transport enterprise comes under any one of the following items, the Minister of Transportation may order to suspend the business for a period of less than six months or cancel the licence (1) `When any enterprise has violated this Law or any condi- tion attached to any disposition, licence, permission or approval under this Law; (2) `When any enterprise does not perform without just reasons any matter approved in accordance with the provisions of this Chapter. (Invalidation of Licence) Article 120. `When a scheduled air transport enterprise has come under any item of Article 4, paragraph 1, the licence under Article 100 paragraph 1, shall become invalid. (Non-scheduled Air Transportation) Article 121. Any person who intends to engage in non-scheduled ai~ transportation shall obta.in a licence from the Minister of Transporta- tion. 2. The provisions of Article 100, paragraphs 2 and 3, and Article 101 (excepting the provisions of paragraph 1. items (1) and (2)), shall apply to a licence under the preceding paragraph. Article 122. The provisions of Article 102, 104 to 106 inclusive, and Articles 108 to 120 inclusive (excepting those provisions of Article 114, paragraph 2. Article 115. paragraph 2, or Article 116, paragraph 3, which apply to Article 101. paragraph 1, items (1) and (2)), shall apply to non-scheduled air transportation. In this case "approved" in Article 119 item (2) shall read "licensed or approved. 2. The provisions of Article 30, paragraph 2, shall apply to the case of cTiscontinuance of business or cancellation of license as specified by the provisions of Article 119 which applies to the preceding para- graph. (Air Freight Forwarding Enterprise) Art~cle 122-(2'). [Added by Law No. 90. 1960.] Any person who intends to engage in an air freight forwarding enterprise shall obtain a license from the Minister of Transportation. 2. Article 100, paragraphs 2 and 3. and Article 103 shall apply to licenses under the preceding paragraph. In such case. "Commence- ment of operation" in Article 100, paragraph 2 shall read "Commence- ment of enterprise", and "business program" (A program for the PAGENO="0071" AIR LAWS AND TREATIES OF THE WORLD 1473 operation and maintenance of aircraft) shall read "enterprise program as specified by Ordinance of the Ministry of Transportation." Article 122-(3). [Added by Law No. 90, 1960.] Articles 103 and 105 to 120 inclusive shall apply to air freight. forwarding enterprises. In such case, "operation", in Article 103, shall read "enterprise." 2. Article 30, paragraph 2, shall apply in cases of discontinence or cancellation of a license of an enterprise under Article 119 as applied in the preceding paragraph. (Aircraft-Using Enterprise) Article 123. Any person who intends to engage in an aircraft-using enterprise shall obtain a licence from the Minister of Transportation. 2. The provisions of Article 100, paragraphs 2 and 3, and Article 101 (excepting the provisions of paragraph 1, items (1) and (2)), shall apply to a licence under the preceding paragraph. Article 124. The provisions of Article 102, 108, 109, 112 (except as coming under item (2)), 113 to 116 inclusive, (excepting those provi- sions of Article 114, paragraph 2, Article 115, paragraph 2, or Article 116, paragraph 3, which apply to Article 101, paragraph 1, items (1) and (2)), Articles 118 to 120 inclusive and Article 122, paragraph 2, shall apply to aircraft using enterprises. In this case "approved" in Article 119, item (2) shall read "licensed or approved". 2. Any person who has obtained a licence under paragraph 1 of the preceding Article shall report without delay to that effect to the Minister of Transportation when he has suspended his business. (Conditions attached to Licence., etc) Article 125. There may be attached conditions or a term to licences, permissions or approvals unde.r this Chapter, and they may be altered. 2. [As amended by Law No. 10, 1960.] The conditions or terms under the preceding paragraph shall be limited to a minimum neces- sary to promote the public interest, or to secure the practice of matters involved in the license permission or approval and shall not be such as will impose undue burdens upon a scheduled air carrier, a non- scheduled air carrier (any person who has a license under Article 121, paragraph 1), air freight forwarder (any person who has a license under Article 121-(2), paragraph 1), or an aircraft using enterprise (any person who has a license under Article 123, paragraph 1). CHAFFER vITI-FOREIGN AIRCRAFT (Flight of Foreign Aircraft) Article 126. Any aircraft having the nationality of any foreign state w-hich is a Contracting State of the Convention on International Civil Aviation (hereinafter referred to as "Contracting State") (ex- cepting any aircraft which is used for the. enterprise of any person who has obtained permission under Article 129, paragraph 1 (here- inafter referred to as "foreign international air transport. enter- prise"), any aircraft which is used for transportation by any person who has obtained permission under Article 130-(2) and any aircraft which is used by any foreign state.. any public entity or its equivalent in any foreign state, shall obtain permission from the Minister of Transportation when it. makes a flight as mentioned 1)elOw without following any air route designated by the Minister of Transportation: (1) A flight, starting outside Japan and arriving inside Japan; PAGENO="0072" 1474 AIR LAWS AND TREATIES OF THE WORLD (2) A flight starting inside Japan and arriving outside Japan; or (3) A flight across Japan without landing, starting outside Japan and arriving outside Japan. 2. Any aircraft having the nationality of any foreign state other than a Contracting State (excepting any aircraft which is used for the enterprise of any foreign international air transport enterprise and any aircraft. which is used for transportation by any person who has obtained permission under Article 130-(2)) and any aircraft, ha.vnig the nationality of a Contracting State, which is used by any forei~n state, any public entity and its equivalent in any foreign state. shall obtain permission from the Minister of Transportation when it makes a flight referred to in any item of the preceding paragraph. 3. Any aircraft which is used in military, customs or police service shall be regarded as "aircraft. used by a state" in application of the provisions of the ~)recedling two paragraphs. 4. When requested by the Minister of Transportation in cases where it makes a flight referred to in any item of para~raph 1, any aircraft having the nationality of any foreign state shall land at the desig- nated airdrome. without. delay. ~. Any aircraft having the nationality of any foreign state, when it makes a. flight. ment ioned in paragraph 1, items 1 or 2, shall land at or take. off from the airdrome designated by the Minister of Trans- portation except. when 1)1e\~ented by weatl~er or other unavoidable causes. However, the same shall not. apply in cases permitted by the Minister of Transportation. (Fse of Foreign Aircraft Inside Japan) Article 12T. No aircraft having the nationality of any foreign sta.te (executing any aircraft. which is used for the enterprise of any foreign international transport. enterpnse. and any aircraft which is used for transportation by any person who has obtained permission under Article 13~)-(2)) shall be used for air navigation between points inside Japan. 1-Towever, the same shall not. apply in cases where permitted by the Minister of Transportation. (Prohibition of Carriage of Munitions) Article 12S. Tnless permitted by the Minister of Transportation, no aircraft having the nationality of any foreign state shall carry muni- tions (as specified by Ordinance of the Ministry of Transportation) on a. flight, referred to in each item of paragraph 1 of Article 126. (Tnternatioiial Air Transport Enterprise by Foreign Nationals) Article 129. Notwithstanding the provisions of Article 100, para- graph 1. and Article 121, paragraph 1, a person referred to in any item of paragraph 1, Article 4. may. upon permission of the Minister of Transportation, run a. business to transport passengers or freight on any flight, referred to in Article 126. paragraph 1 (including the one between points within Japan which is performed in continuance there- of) for remuneration on demand of other persons. 2. Any person who intends to obtain permission under the preceding paragraph. shall submit an application to the Minister of Transpor- tat ion, describing his business program, scheduled commencement date for operation and other matters stipulated by Ministry of Trans- portation Ordinance. PAGENO="0073" AIR LAWS AND TREATIES OF THE WORLD 1475 3. The Minister of Transportation may request the applicant to submit necessary document.s in addition to those prescribed in the preceding paragraph. (Approval of Fares, Rates and Charges) Article 129-(2). Any foreign international air transport enterprise shall fix fares, rates and charges for passengers an(l freight (except mail) and obtain approval of the Minister of Transportatioii. The same shall apply in cases of changes therein. (Business Program) Article 129-(3). Any foreign international air transport enterprise, in performing its business, shall comply with the business program except when prevented by weather or other unavoidable causes. 2. Any foreign international air transport enterprise, when it in- tends to alter its business program, shall obtain approval of the Minister of Transportation. (Order for Alteration of Business Program, etc.) Article 129-(4). The Minister of Transportation, when he deems it necessary. may order the foreign international air transport enterprise: (1) To alter its business program: or (2) To alter fares, rates or charges. (Suspension of Business and Cancellation of Permission) Article 129-(5). The Minister of Transportation may order a for- eign international air transport enterprise to suspend business for a period or cancel its permission to operate: (1) When any foreign international air transport. enterprise has violated the provision of this Law, any disposition under this Law or any condition attached to any permission or approval under this Law; (2) When substantial ownership of stock or shares of any foreign international air transport entei'prise or effective control of an air transport enterprise operated by any foreign international air trans- port enterprise has failed to be vested in the state or its nationals to which the said foreign international air trali sport enterprise l)elOllgs (3) When any foreign state or any foreign international air trans- port enterprise has violated the provisions of such agreement or the said agreement has become invalid in case where there is an agree- ment between Japan and the said foreign state to which the said for- eign international air transport enterprise belongs; or (4) When it is necessary for the public interest, besides those cases listed in the preceding three items. (Cabotage) Article 130. No aircraft which is authorized under the proviso of Article 127, and which is used for the business of any foreign inter- national air transport enterprise or which is used for transportation by any person who has obtained permission under the following Article shall be used for transporting passengers or freight for remuneration between points within Japan. However, the same shall not apply in cases where permitted by the Minister of Transportation. (Transportation of Passengers, etc. Taking off or Landing Inside Japan) Article 130-(2). Any aircraft. having the nationality of any foreign state (excepting any aircraft. which is used for the enterprise, of any foreign international air transport enterprise) shall obtain permis- PAGENO="0074" 1476 AIR LAWS AND TREATIES OF THE WORLD sion from the Minister of Transportation, when it engages in the trans- portation for rernimeration of passengers or freight, for taking off or landing inside ~Japan by a flight referred to in Article 126, para- graph 1, item 1 (including a flight between points within Japan which is made in continuance thereof) or by a flight referred to in item 2 of the same paragraph (including a flight between points within Japan which is made in continuance thereof). (Recognition of Certificates, etc.) Article 131. Any certjfication, license and other authorization which has been granted for the airworthiness of the following aircraft. and for the qualifications as aircraft crew of the aircraft by any foreign state the nationality of which is possessed by the aircraft, and the certificates of qualification and other documents relating thereto shall, in application of the provisions of Article 11, Article 20, Article 2S, paragraph 1 or 2. Article 34. paragraph 1, Article 59, Article 65 to 67 inclusive and Article 9~. be re~iarded as aircraft registration cer- tificate under Article 6. airworthiness certification under Article 10, 1)aragraph 1. airworthiness certificate under paragraph 5 of the same Article. J)assing of an inspection under Article 20, paragraph 1, compe- tence certification under Article 22. paragraph 1 or aircraft crew li- cense. under paragraph 2 of the same Article, competence certificate under Article 23 or airman license under Article 31, paragraph 2, instrument flight certification under Article 34, paragraph 1 in accord- ance with the provisions of an Ordinance of the Ministry of Trans- Iortation (1) Any aircraft referred to in Article 126, paragraph 1 or 2 which makes a flight referred to in any item of paragraph 1 of the same Article (2) Any aircraft as may be specified by Cabinet Order, which has been authorized under the proviso of Article 127; (3) Any aircraft which is used for the enterprise of any foreign international air transport enterprise. (4) Any aircraft which is used for the transportation by any pei~soiu who has obtained permission under the preceding Article. (Terms and Conditions. etc.) Article 131.-(2). [As amended by Law No. 90, 1960.] Notwith- standing Article~ 122-(2), paragraph 1, any person referred to in Ar- ticle 4. paragraph 1. may, with permission from the Minister of Trans- portation, engage in an air freight forwarding enterprise for transpor- tation of cargo as st.ated below: (1) Cargo from a point inside Japan to a point outside Japan; (2) Cargo from a point outside Japan to a point inside Japan; (3) Cargo from a point, outside Japan to a point outside Japan by way of Japan. 2. Article 129. paragraphs 2 and 3 shall apply to a permission un- der the preceding article. In such case, the words "commencement of operation" in Article 129, paragraph 2 shall read "commencement of enterprise." 3. Article. 129-(2) to 129-(5) inclusive shall apply to any person who has a permission under Article 129, paragraph 1 (hereinafter referred to as "International Foreign Freight Forwarder"). (Terms and Conditions, etc.) Article 131-(3). [As amended by Law No. 90, 1960.] Terms and condit.ions may be attached to permissions or approvals under this PAGENO="0075" AIR LAWS AND TREATIES OF THE WOI~LD 1477 Chapter, may be altered, or may be attached to them after they are granted. CITAPTEIi IX-MIS('ELLANEOFS PROVISIONS (Investigation of Accident) Article 132. When an acideut mentioned in any item of Article 76, paragraph 1, has occurred, the Minister of Transportation shall in- vestigate its cause without delay. 2. For the. purpose of investigation TInder the preceding paragraph, the Minister of Transportation may demand of any user of aircraft or aircraft crew involved in the. accident, or of any person who has en- gaged in rescue service and other persons concerned, to present reports or data, or may have his officials enter on the. actual scene to investigate the aircraft or other objects. 3. In the. case of the preceding paragraph, such official shaH carry with him a card identifying his official status and show the same upon request. to the person concerned. 4. The authority under paragraph 2 shall not. be construed as given for the search of crime. (Report on Air Transport Agent, etc.) Article 133. Any person who intends to act. as air transport agent (an enterprise acting for an air transport enterprise in concluding contracts for the transportation by aircraft) or air transport forward- ing agency (an enterprise tra~nsacting forwarding business for the transportation by aircraft in his own name) shall report to the Minister of Transportation matters as may be specified by Ordinance of the Ministry of Transportation. The same. shall apply in cases where he intends to alter any one of the reported matters. 2. Any person who acts as air transport. agent. or broker shall report to that. effect. to tile Ministe.r of Transportation within thirty days from the day when he has abandoned such business. (Collection of Report. and Entry for Inspection) Artice 134. When it is necessary for the enforcement of this Law, the. Minister of Transportation may request any person coming under any one of tile following items to submit reports on the repair, re- modelling or manufacture. of aircraft. or apparatus, or the work, ad- ministration and use of an airdrome or air navigational aid, or use of aircraft, air service, air t.ransport enterprise, aircraft-using enter- prise, air transport agent and air transport. forwarding agency: (1) Any person who repairs, remodels or manufactures aircraft or apparatus; (2) Any operator of an airdrome or a.ir navigational aid; (3) Any airman; (4) Any person who engages in an air transport enterprise or aircra.ft-using enterprise; (5) Any person ot.her than mentioned in the preceding item, who uses aircraft; (6) Any person who operates an air transport agency or for- warding agency. 2. When it is necessary for tile enforcement of this Law, the Min- ister of Transportation my have his officials enter the office, factory or other business premises, airdromes, or any place where an air navi- gational aid is installed, or any place where a work for airdrome or air navigational aid is performed, or any place where an aircraft is PAGENO="0076" 1478 AIR LAWS AND TREATIES OF THE WORLD located, or any aircraft., which belongs to any person under any item of the preceding paragraph, and inspect aircraft, air navigational aids. accoimt books, documents or other matters, or ask questions of ~nv interested person. 3. The provisions of Article 132, paragraphs 3 and 4, shall apply to the case of the preceding paragraph. (Information) Article 134-(2). [Added by Law No. 90, 1960.] Any person who sets off rockets, fireworks or other explosives, which may affect the safety of aircraft as specified by Ordinance of the Ministry of Trans- portation, shall give prior notice to the Minister of Transportation in accordance. with the Ordinance of the Ministry of Transportation. (Payment of Fee) Article 135. Any person (excluding the State) listed in the left colunm of the following table shall pay a fee, the amount of which may. within the limit as listed in the right column thereof, be specified by Cabinet Order. Person responsible for payment Amount (1'~ Any person who requests the delivery of a copy or abstract of Aircraft Register or the offer for perusal of Aircraft Register; (1-2) Any person who applies for an airworthiness certification under Article 10, paragraph 1; (2) Any person who applies for a type certification under Article 12, paragraph 1: (3) Any person who intends to undergo an inspection on repair or remodeling under Article 16, paragraph 1; (4) Any person who applies for a spare-parts-certification under Article 17. paragraph 1; (5) Any person who intends to undergo an inspection under Arti- cle 20. paragraph 1: (6) Any person who applies for a competence. certification under Article 22, paragraph 1; (7) Any persoi~ who applies an a i rcra ft crew licence imcler Article 22, paragraph 2; Y50; T81,400; Y48,400; Y8,700; Y11,300; Y8,700; Y500; However, when an air- craft of the Ministry of Trans- portation is used for a practical examination including the naviga- tion of aircraft, an amount speci- fied by Cabinet Order shall be added to an amount specified by Cabinet Order within the limit of 500 yen; Y300; PAGENO="0077" AIR LAWS AND TREATIES OF THE WORLD 1479 Person responsible for paymeflt (7-2). Any person who applies for an alteration of restriction with regard to a competence cer- tification under Article 29-(2), paragraph 1; (8) Any person who applies for an instrument flight certification under Article 34, paragraph 1, or an instructor's certification under paragraph 2 of the same Article; (9) Any person who intends to obtain a permission for aircraft pilot training under Article 35: (10) Any person who applies for a re-issuance of an aircraft registration certificate, airworthi- ness certificate, competence cer- tificate, airman licence or a permit for aircraft pilot training; (11) Any person who applies for a permission of the provision of an airdrome or air naviga- tional aid under Article 38, para- graph 1; (12) Any person who intends to undergo a completion inspection of an airdrome under Article 42, paragraph 1; (13) Any person who intends to undergo a completion inspection of an air navigational aid under Article 42, paragraph 1; (14) Any person who intends to undergo an inspection under Arti- cle 42, paragraph 1 which applies to aerodroines in ac.cordance with the provision of Article 43, para- graph 2; ~400; However, when an air- craft of the Ministry of Trans. port ation is used for a practical examination including the navi- gation of aircraft, an amount specifie.d by Cabinet Order shall be added to au amount specified by Cabinet Order within the limit of 400 yen; ~300; k~100; ~19,500; ~75,100; ~30,800; However, when an air- craft. of the Ministry of Transpor- tation is used for a test by using aircraft, an amount specified by Cabinet Order shall be added to aniount specified by Cabinet Order within the limit of 30,800 yen; Amount Y400; ~15,100; PAGENO="0078" 1480 AIR LAWS AND TREATIES OF THE WORLD Person responsible for payment (15) Any person who intends to undergo an inspection under Article 42, paragraph 1 which ap- plies to air navigational aid in ac- cordance with the provision of Ar- ticle 43, paragraph 2; (16) Any person who intends to undergo an inspection under Article 44, paragraph 4; (17) Any person who intends to undergo an inspection, under Article 44, paragraph 4 which ap- plies in accordance with the provi- sion of Article 45, paragraph 2; (18) Any person who under- goes an inspection of an aero- drome under Article 47, paragraph 2; (19) Any person who under- goes an inspection of an air navi- gational aid under Article 47, paragraph 2; (20) Any person who intends to udergo a competence test for aircraft dispatcher under Article 78, paragraph 2. ~30,80O; However, when an air- craft of the Ministry of Trans- portation is used for a test by using aircraft, an amount speci- fied by Cabinet Order shall be added to an amount specified by Cabinet Order within the limit of 3U,800 yen; ~2S,70O; ~15,600; However, when an air- craft of the Ministry of Trans- portation is used for a test by using aircraft, an amount speci- fied by Cabinet Order shall be added to an amount specified by Cabinet Order within the limit of 15,600 yen; ~15,60O; However, when an air- craft of the Ministry of Transpor- tation is used for a test by using aircraft, an amount specified by Cabinet Order shall be added to an amount specified by Cabinet Order within the limit of 15,600 yen; Amount Y~28,I0O; Y500. PAGENO="0079" AIR LAWS AND TREATIES OF THE WORLD 1481 (Inquiry to Transportation Council) Article 136. The Minister of Transportation, when he intends to make the following dispositions, shall inquire of the Transportation Council under Article 5 of the Ministry of Transportation Establish- ment Law (Law No. 157 of 1949) and shall do so with due regard to the decisions thereof; (1) Licensing of scheduled air transportation in accordance with the provisions of Article 100, paragraph 1; (2) Approval of fares and charges for scheduled air transpor- tation in accordance with the provisions of Article 105, para- graph 1; (3) Order of alteration of fares, rates and charges for sched- uled air transportation in accordance with the provisions of Article 112; (4) Approval of transfer and taking over of scheduled air transportation in accordance with the provisions of Article 114, paragraph 1; (5) Approval of amalgamation of juridical persons who are scheduled air transport enterprises in accordance with the pro- visions of Article 115, paragraph 1; (6) Cancellation of licence for scheduled air transportation or discontinuance of business in accordance with the provisions of Article 119. (Delegation of Official Authority) Article 137. [Added by Law No. 40, 1959, arid ainende.d by Law No. 161, Se.pt. 15, 1962.] In accordance with the Ordinance of the Minis- try of Transportation, matters belonging to the jurisdiction of the Minister of Transportation, under the provisions of tins Law, may be administered by the Chief of the Aeronautical Aids Office or t.he Director of the Area Control Center. 2. [Added by Law No. 90, 1960.] In accordance with a Cabinet Order, each of the following matters belonging to the jurisdiction of the Minister of Transportation under the provisions of this Law shall be delegated to the Director of the Defense Department. (1) Matters specified in the proviso of Article 94-(2), Article 96, paragraph 1, and Article 97, paragraph 1, as related to the air traffic control zone on an airdrome; (2) Matters specified in Article 96, paragraph 2, as related to an airdrome specified in a Cabinet Order; (3) Matters specified in Article 97, paragraph 2, as related to aircraft taking off from an airdrome specified in a Cabinet Order; (4) Matters specified in Article 98, as re'ated to aircraft miss- ing at an airdrome specified in a Cabinet. Order. 3. The Minister of Transportation shall have jurisdiction over matters relating to the operation of any business which may be con- ducted by the Director of the Defense Department in accordance with the delegation under tine preceding paragraph. PAGENO="0080" 1482 AIR LAWS AND TREATIES OF THE WORLD CHAPTER X-PENAL PROVISIONS (Penalty for Endangering Air Navigation, etc.) Article 138. Any person who has caused danger to air navigation by damaging any airdrome facility or air navigational aid or by other means shall be liable t.o a penal servitude of a definite period of two years or more. Article 139. Any person who has crashed, overturned or sunk, or destroyed any aircraft in flight shall be liable to a penal servitude for life or of three years or more. 2. The same shall apply to any person who has committed any of- fence under tile preceding Article and thereby crashed, overturned or sank, or destroyed any aircraft in flight. Article 140. Any pers~11 who has committed any offence under the preceding Article and thereby caused a death to any person shall be liable to the death penalty, or a penal servitude for life or of seven years or more. Article 141. Any attempted offence under Article 138 and Article 139. paragraph 1 shall be punished. Article 142. Any person who through negligence has caused danger to air navigation or crashed, overturned or destroyed any aircraft in flight shall be liable to a fine not exceeding 100,000 yen. 2. Any person who, in performing his duties, has committed any of- fence under the preceding paragraph shall be liable to an imprison- ment not exceeding three years or a fine not exceeding 100,000 yen. (Penalty for Using of Non-Airworthiness-Certified Aircraft, etc.) Article 143. Any user of aircraft who comes under any one of the following items shall be liable to a penal servitude not exceeding three years or a fine not exceeding 100,000 yen, or both: (1) When he has used an aircraft for air navigation without it having been airworthiness-certified in violation of the provision of Article 11; (2) When he has used an aircraft for air navigation without it having undergone or passed an inspection under the provisions of paragraph 1 or 2 of the same Article in a violation of the provisions of the same paragraph; (3) When he has used a.n aircraft for air navigation without having made acknowledgement under Article 19 in violation of tlle~ provisions of the same Article. (Penalty for Designated Airworthiness Inspector.) Article 143-(2). Any designated airworthiness inspector, when he comes under any one of the following items, shall be liable to a penal servitude not exceeding three years or a fine not exceeding 100,000 yen, or both: [As amended by Law No. 90, 1960.] (1) When he has granted an airworthiness certificate to an aircraft which fails to conform to the technical standards re- quired by Article 10, paragraph 4; (2) When he has passed for inspection an aircraft which fails to conform to the standards required by Article 16, paragraph 2. (Penalty for Non-Display, etc.) Article 144. Any user of aircraft who has used an aircraft for air navigation without the marks on the aircraft under the provisions of PAGENO="0081" AIR LAWS AND TREATIES OF THE WORLD 1483 Article 57 or with false marks shall be liable to a penal servitude not exceeding one year or a fine not exceeding 50,000 yen. (Penalty for operating Wit bout S pecifieci Airmen, etc.) Article 145. Any user of aircraft, when he comes under any one of the following items, shall be liable to a fine not, exceeding 100,000 yen: (1) When he has used any specified radio apparatus on an air- craft. without having undergone or passed an inspection under Article 20, paragraph 1 in violation of the provisions of the same paragraph; (2) When he has not provided an aircraft logbook in violation of the provisions of Artic.le 58, paragraph 1; (3) When he has failed to enter in the aircraft logbook items to be entered under the provisions of Article 58, paragraph 2 or made a false entry; (4) WThen he hus used an aircraft for air navigation without carrying any specified document in violation of the provisions of Article 59; (5) When he has used an aircraft. for air navigation without equipping it. with radio equipment in violation of the provisions of Article 60 (6) When he has used an aircraft for air navigation without equipping it with safety equipment in violation of the provisions of Article 61; (7) When he has made any spec1al flight without. equipping an aircraft with special equipment in violation of the. provisions of Article 62; (8) When he has started an aircraft without carrying specified fuel in violation of the provision of Article 63; (9) When he has failed to mark an aircraft with lights in viola- tion of the provisions of Article 64; (10) When he has failed to man an aircraft. with specified air- men in violation of the provisions of Article 65, paragraph 1 or 2 or Article 66, paragraph 1; (11) When he has had an aircraft crew engage in the operation of aircraft in violation of the provisions of Article 68; (12) When he has failed to make a report under the provisions of t.he proviso of Article 76, paragraph 1 or made a false report; (13) When he has carried articles on an aircraft in violation of the provisions of Article 86, paragraph 1; (14) When he has caused an aircraft to fly in violation of the restrictions on the methods of flight under the provisions of Ar- ticle 87, paragraph 2; (15) When he has caused an aircraft to tow any obiect in viola- tion of the provisions of Article 88; (16) When he has used an aircraft for air navigation between places within Japan in violation of the provisions of Article 127; (17) When he has carried munitions under Article 128 in vio- lat.ion of the provisions of the same Article. (Penalty relating to Provision of Airdrome or Air Navigational Aid, etc.) Article 146. Any person who comes under any one of t.he following items shall be liable to a fine not exceeding 300,000 yen: (1) When he has provided an airdrome without any permis- sion in violation of the provisions of Article 38, paragraph 1; 39-737-- 65-vol. II-6 PAGENO="0082" 1484 AIR LAWS AND TREATIES OF THE WORLD (:2) When he has made an important alteration on an air- drome in violation of thi' provisions of Article 43, paragraph 1; (3) When he has violated an order for suspension of use of an airdrome, whoiiy or partially, under the provisions of Article 48. Article 147. Any person who has provided an air navigational aid without permission in violation of the provisions of Article 38, para- graph 1, shall be liable to a fine not exceeding 100,000 yen. 2. The same as in the preceding paragraph shall apply to any per- son who has made especially important alterations on any air naviga- tional aid in violation of the provisions of Article 43, paragraph 1. Article 148. Any person who falls under any one of the following items shall be liable to a fine not exceeding 100,000 yen: (1) When he has commenced the use of any airdrome or air navigational aid in violation of the provisions of Article 42, paragraph 4 (including cases where Article 43, paragraph 2 or Article 44, paragraph 5 applies (including cases where Article 45, paragraph:2 applies)): (2) When he has suspended or discontinued the use of an air- drome without premission in violation of provisions of Article 44, paragraph 1; (3) When he has suspended or discontinued the use of an air navigational aid w'ithout making a report in violation of the provisions of Article 45, paragraph 1. Article 148-(2). Any operator of an airdrome or an air naviga- tional aid, when he has received any charge of use of any air- drome or an air navigational aid used for public without obtaining an approval under the provisions of Article 54 or without complying with any charge of use which has been approved under the same provisions, shall be liable to a fine not exceeding 50,000 yen. [Added by Law No. 63. 1958.1 2. The provisions of the preceding paragraph shall apply when the operator of an airdrome h~s issued an operations manual or made changes therein, in violation of Article 54-(2), paragraph 2, without obtaining the approval required by the same paragraph. (Penalty for Conducting Air Service without Specified Qualifica- tions, etc.) Article 149. Any person who comes under any one of the following items shall be liable to a penal servitude of not exceeding one year or a fine not exceeding 30,000 yen: (1) When he has performed any act described in the "Scope of Duties" of the attached table in violation of the provisions of Article 28, paragraph 1 or 2; (2) When he has engaged in his duties in violation of the pro- visions of Article 70. (Penalty for Not. Carrying a Competence Certificate, etc.) Article 150. Any person who comes under any one of the following items shall be liable to a fine not exceeding 50,000 yen: (1) When he has presented his aircraft in violation of the pro- visions of Article 8-(3),paragraph 2; (1-2) `When lie ha.s altered the registration marks in violation of the provisions of ArticleS- (3), paragraph 3; PAGENO="0083" AIR LAWS AND TREATIES OF THE WORLD 1485 (2) [As amended by Law No. 90, 1960.] When he has in- stalled, planted, or left any structure, plant, or other object m (1-3) When he has made an instrument flight or given instruc- tions in aircraft piloting in violation of the provisions of Article 34, paragraph 1 or2; violation of Article 49, paragraph 1 (including the case applied to Article 56, paragraph 2, or Article 56-(4), paragraph 1; [Paragraph (3) and (3-2), and (5-2) amended by Law No. 63, 1958.] (3) When he has damaged a runway, docking rail, or facilities of the airdrome or an air navigational aid as may be specified b Ordinance of the Ministry of Transportation or committed sue other act as may spoil the function thereof in violation of the provisions of Article 53, paragraph 1. (3-2) When he has thrown things at an aircraft on the air- drome in violation of the provisions of Article 53, paragraph 2 or committed other act as may be specified by Ordinance of the Ministry of Transportation. (3-3) When he has entered a landing strip, docking rail, apron or hangar in violation of the provisions of Article 53, paragraph 3. (4) When he has performed his service without carrying a certificate of competence, airman license or permit for aircraft pilot training in violation of the provisions of Article 67, para- graphs 1 (including where Article 35, paragraph 4 or 2 applies); (5) When he has engaged in the operation of aircraft or per- formed an instrument or night flight, or training for piloting in violation of the provisions of Article 69; (5-2) When he is on board the aircraft for scheduled air transportation as a pilot-in-command without obtaining an ap- proval under the provisions of Article 72. (6) When he has put the article specified in Article 86, para- graph 1, into any aircraft in violation of the provisions of para- graph 2 of the same Article; (7) When he has dropped an object from the aircraft in viola. tion of the provisions of Article 89; (8) When he has made a parachute descent from the aircraft in violation of the provisions of Article 90; (9) When he has trained for aircraft piloting in violation of the provisions of Article 92; (10) When he has made a flight for training as aircraft pilot or for the purpose of testing aircraft in an air traffic control area or air traffic control zone in violation of the provisions of Article 93. (Penalty relating to Duties of Pilot-in-Command, etc.) Article 151. Any pilot-in-command, who, by abusing his power, compelled any person on board the aircraft to do anything beyond the scope of such person's duty, or has obstructed any person from exercising his right, shall be liable to a penal servitude, not exceeding two years. Article 152. Any pilot-in-command, who has left the aircraft. commanded by him in violation of the provisions of Article 75, shall be liable to a. penal servitude not exceeding five years. PAGENO="0084" 1486 AIR LAWS AND TREATIES OF THE WORLD Article 153. [As amended by Laws No. 63, 1958 and No. 60, 160.] Any pilot-in-command who comes under any one of the following items, shall be liable for a. fine not exceeding 50,000 yen: (1) When lie takes off in an aircraft in violation of Article 73-(2); (2) When he fails to make a report. as required in Article 76, paragraphs 1 to ~ inclusive (3) When he takes off in an aircraft or changes the flight plan in violation of Article 77; (4) When he makes a formation flight in violation of Article 84, paragraph 2 (5) When he fails to make. the notification required by Article 98. or makes a false notification. Article 154. Any airman who comes under any one of the following items shall be liable to a fine not exceeding 50,000 yen: (1) \Vhen lie causes an aircraft to take off or land in violation of the provisions of Article 79; (2) When he has operated an aircraft. in violation of the provi- sions of Articles 80 to 83 inclusive; (h) When he has made a formation flight, in violation of the provisions of Article 84, paragraph 1; (4) When he has piloted an aircraft in violation of the provi- sions of Article 85; (5) Wheii he has made an acrobatic flight in violation of the provisions of Article 91: (6) When he. has made an instrument flight in violation of the provisions of Article 94: [Added by Law No. 90, 1960.] (6)-(2) when he. has operated an aircraft without complying with the instrument, flight rules; (7) When he has operated an aircraft under instrument flight rule conditions in violation of the provisions of Article 95; (8) When he has operated an aircraft without complying with the instructions under the provisions of Article 96; (9) lVhen he has conducted, without approval, such act as is subject. to approval under the provisions of Article ~ graph 3: (9-2) When he has operated an aircraft without notifying in violation of t.he provisions of Article 97, paragraph 2; (10) When he has operated an aircraft without complying with the flight plan in violation of the provisions of Article 97, para- graph 2; (11) When he has failed to receive instructions or to make re- ports under the provisions of Article 97, paragraph 4 or made any false report; (12) When he has operated an aircraft without permission in violation of the provisions of Article 126, paragraph 1 or 2; (13) When he has failed to comply with a request of landing under the provisions of Article 126, paragraph 4; (14) When he has caused an aircraft to land or take off on any airdrome other than those designated by the Minister of Transport atioli in violation of the provisions of Article 126, paragraph ~. PAGENO="0085" AIR LAWS AND THEATIES OF THE WORLD 1487 2. Any aircraft crew other than the pilot-in-command, who falls under any one of each item of the preceding paragraph, shall be pun- i~hed and the pilot-in-command shall also be liable to the punishment under the same paragraph. However, the same shall not apply to the pilot-in-command in cases where it is proved that due care and super- vision has been exercised to avoid the violation by any aircraft crew member other than the pilot - in-command. (Penalty relating to Business of Air Transport Enterprises, etc.) Article 155. [As amended by Law No. 90, 1960.] Any person who falls under any one of the following items shall be liable to a fine not exceeding 500,000 yen: (1) When he has conducted, without license, such act as a sub- ject to a license under the provisions of Article 100, paragraph 1, Article 121, paragraph 1, Article 122-(2), paragraph 1, or Article 123, paragraph 1; (2) WThen he has allowed another person to utilize his license in violation of the provisions of Article 113, paragraph 1 (includ- ing the case where applied under Article 122, paragraph 1, Article 122-(3) ,paragraph 1, orkrticle 124, paragraph 1); (3) When he has allowed another person to operate his business in his name in violation of the provisions of Article 113, para- graph 2 (including the case where applied under Article 122, para- graph 1, Article 122-(3), paragraph 1, or Article 124, paragraph 1; (4) When he has conducted, without permission, such act as is subject to permission under the provisions of Article 129, para- graph 1, or Article 131-(2) ,paragraph 1; (5) When he has used an aircraft under Article 130 for air transportation in violation of the provisions of the same Article; (6) When he has conducted without permission such act as sub- ject to permission under the provisions of Article 130-(2) Article 156. Any scheduled air transport enterprise, non-scheduled air transport enterprise or aircraft-using enterprise who has com- menced operation without passing an inspection under the provisions of Article 102, paragraph 1 (including the case where applied under Article. 122, paragraph 1 or Article 124, paragraph 1) shall be liable to a fine not exceeding 200,000 yen. Article 157. [As amended by Law No. 90, 1960.] Any scheduled air transport enterprise, non-scheduled air transport enterprise or air- craft-using enterprise, who falls under any one of the following items shall be liable to a fine not exceeding 50,000 yen: (1) When it. has operated and maintained aircraft without complying with the operation and maintenance manual as spec- ified in Article 104, paragraph 1 (including the case where Article 122, paragraph 1 applies) (2) When it has received fares and charges without obtaining an approval, or without having fares and charges approved, un- der the provisions of Article 105 paragraph 1 (including the case where Article 122-(3), paragraph 1 applies) (3) When it has concluded a transportation contract without complying with conditions of transportation under the provisions of Article 106, paragraph 1 (including the case where Article 122, paragraph 1 or Article 122-(3), paragraph 1 applies); PAGENO="0086" 1488 AIR LAWS AND TREATIES OF THE WORLD (4) When it. has violated any order issued in accordance with the provisions of Article lOS, paragraph 2 or Article 112 (includ- ing the case where Article 122, paragraph 1. Article 122-(3), paragraph 1. or Article 124, paragraph 1 applies) (5) When it altered the business program without obtaining an approval under the provisions of Article 109, paragraph (in- cluding the case where Article 122, paragraph 1, Article 122-(3) paragraph 1, or Article 124. paragraph 1 applies) (6) When it has concluded an agreement concerning trans- portation without obtaining an approval under the provisions of Article 110, paragraph 1 ( including the case where Article 122, paragraph 1. or Article 122-(3). paragraph 1 applies) (7 Wi~en he has suspended his business in violation of the provisions of Article 117, paragraph 1 (including the case where Article 122, paragraph 1, or Article 122-(3), paragraph 1 ap- 1)lieS) (5) When he has violated an order for discontinuance of the business under the provisions of Article 119 (including the case where Article 122. paragraph 1, Article 122-(3), paragraph 1, or Article 124, paragraph 1, applies). Article 15i-(2). [As amended by Law No. 90, 1960.] Any foreign international air carrier or foreign international air freight forwarder shall, when he is liable under any one of the following items, be liable to a fine not exceeding 50,000 yen: (1) Wrhen he has received fares or charges without obtaining the approval required by Article 129-(2) (including the case where Article 131, paragra.ph 3 applies) or where he does not comply with fares and charges approved under the same pro- visions: (2) When he has altered a business plan without obtaining the approval required by Article 129-(3), paragraph 2 (including the case where Article 131-(2), paragraph 3 applies) (3) When he has violated an order issued under Article 129-(4) (including the case where Article 131-(2), paragraph 3, applies), or an order to suspend the business under Article 129-(5) (in- cluding the case where Article 131-(2), paragraph 3 applies). Article 158. Any person who falls under any one of the following items shall be liable to a fine not exceeding 30,000 yen: (1) When he has refused, obstructed or evaded an inspection under the provisions of Article 47, pa.ragraph 2, Article 132, para- graph 2, or Article 134, paragraph 2; (2) When he has failed to make a report. under the provisions of Article 132, paragraph 2, or Article 134, paragraph 1 or made a false report: (3) When lie has not complied with a request of presentation of data. under the provisions of article 132, paragraph 2 (4) When he has made. a false statement to any question under the provisions of Article 134, paragraph 2. (Dual Punishment) Article 159. In case the representative of a juridical person or an agent, employee or any other worker of a juridical person or an in- PAGENO="0087" AIR LAWS AXD TREATIES OF THE WORLD 1489 dividual violates the provisions of Articles 144 to 148-(2) inclusive, Article 150, and Article 155 to the preceding Article inclusive, with regard to the business of the juridical person or its property, not oniy tile offender himself shall be liable to punishment, but said juridical person or individual shall be liable for tile fine stipulated in the said Articles. However, the above shall not apply to the juridical person or individual in cases where it is proved that. due care and supervision has been exercised by the juridical person or individual over said business or property in order to prevent t.he aforesaid violations com- mitted by an agent, employee or other worker. (Non-Criminal Fine) Article 160. [As amended by Laws No. 63, 1958 and No. 90, 1960.] Any person who falls under any one of the following items shall be liable to a non-criminal fine not exceeding 50,000 yen: (1) When he has failed to post a notice under the provisions of Article 54-(2), paragraph 1, or Article 107 (including the case where Article 122-(3), paragraph 1 applies) or posted any false notice; (2) When he has failed to make a report under the provisions of Article 118 (including the case where applied under Article 122, paragraph 1 or Article 124, paragraph 1) or made any false report. Article 161. Any person who falls under any one of the following items shall be liable to a non-criminal fine not. exceeding 30,000 yen: (1) When he has failed to make application in accordance with the provisions under Article 7, Article 7-(2) or Article 8; (2) When he has failed to make a report. under the provisions or Article 55, paragraph 4 or Article 133 or made any false report. Article 162. Any person who has violated any provision of a.ny order under the provisions of Article 9, 21 or 36 shall be liable to a fine not exceeding 10,000 yen. StITPPLEMENTARY PROVISIONS 1. This law shall become effective on the day of its promulgation. Atta~ched Table (Cf. Article 28, p.15) Qualifications Scope of Dutie8 Airline transport pilot To perform the following actions on board aircraft: 1) Actions which may be per- formed by any person qualified for senior commercial pilot. (2) Pilotage of aircraft used for air transportation. Senior commercial pilot To perform the following actions on board aircraft: (1) Actions which may be per- formed by any person qualified for commercial pilot. 2) Pilotage of aircraft with maximum take-off weight of less rhaii 13.6i0 kilograms which is used for nonscheduled air trans- portation. PAGENO="0088" 1490 AIR LAWS AND TREATIES OF THE WORLD Attached Table (cf. Article 28, p. 15)-Continued Qualifications Scope of Dutie8 Commercial pilot To perform the following actions on board aircraft: (1) Actions which may be per- formed l)y Oii~ person qualified for private pilot. (2) Pilotage of aircraft for compensation, which is not oper- ated for compensation. (3) Pilotage of aircraft used for aircraft-using enterprise. (4) Pilotage of aircraft with a maximum take-off weight of less than 5,700 kilograms which is used for nonscheduled air transporta- tion (excepting the operation for the transportation of passengers for compensation under instru- ment flight rules conditions). (5) Pilotage of aircraft used for air transportation as pilot other than pilot-in-command. Private pilot To perform the following actions on board aircraft: (1) Pilotage of aircraft with- out compensation, which is not operated for compensation (only where not carrying any person other than himself). (2) Pilotage as pilot-in-com- mand without compensation of aircraft other than for air trans- portation or aircraft-using enter- prise used by the enterpriser. (3) Pilotage of aircraft which is not operated for compensation as pilot other than pilot-in-com- mand. First class flight navigator Measurement of the position and course of aircraft and calculation of air navigational data on board air- craft. Second class flight navigator Measurement of the position and course of aircraft and calculation of air navigational data on board aircraft by means of other than ce- lestial observation (excepting when engaged in duties on board aircraft on a flight over any section of less than 1.300 kilometers, when any land mark or air navigational aid is insufficient for air navigation). Flight engineer Handling of aircraft engine and air- frame (excepting handling of pilot- ing system) on board aircraft. First class flight radio operator - Handling of radio apparatus on board aircraft, which may be performed by any radio man qualified for first class radio operator as provided for by Article 40 of the Radio Law. PAGENO="0089" AIR LAWS AND TREATIES OF THE WORLD 1491 Attached Table (cf. Article 28, p. 15)-Continued Qualification8 Scope of Duties Second class flight radio operator Handling of radio apparatus on board aircraft, which may be performed by any radio man qualified for sec- ond class radio operator as provided for by Article 40 of the Radio Law. Third class flight radio operator Handling of radio apparatus on board aircraft, which may be performed by any radio man qualified for aeronautical class radio operator as provided for by Article 40 of the Radio Law. First class aircraft mechanic - To perforiii the actions of acknowl- edging as provided for by Article 19 with regard to maintained aircraft (excepting major repair of such scope as may be specified by Minis- try of Transportation Ordnance). Second class aircraft mechanic To perform tlìe actions or acknowl- edging as provided for by Article 19 with regard to maintained air- craft with a maximum take-off weight of less than 15,000 kilograms (excepting major repair of such scope as may be specified by Minis- try of Transportation Ordnance). Third class aircraft mechanic To perform the actions of acknowl- edging as provided for by Article 19 with regard to maintained aircraft with a maximum take-off weight of less than 2.500 kilograms (except- ing major repair of such scope as may be specified by Ministry of Transportation Ordnance)~ Aircraft shop mechanic - To perform the actions of acknowl- edging as provided for by Article 19 with regard to maintained or remod- eled aircraft. L~w OF APRIL 15, 1958, CONCERNING A PARTIAL AMENDMENT TO CIVIL AERONAUTICS LAW A partial amendment to the Civil Aeronautics Law (Law No. 231, 1952) shall be made as follows: In Article 2, paragraph 7, "angle" shall be read "slope" and para- graph 9 of the same article shall be amended as follows: 9. In this law, "transitional surface" shall mean an area including the hypotenuse of the approach surface and the longer sides of the landing strip, and a slope at a horizontal plane abutting the vertical phase at right angles to the vertical phase including the center-line of the landing strip which is placed a 7 :1 upwards and outwards of the approach surface or the landing strjp. and a part encircled by a line abutting the h pOrdnuse of the surface and the longer sides of the landing strip abutting the said hypotenuse and a 1)lalie abutting these planes and a l)laIw including horizontal surface, and hypotenuse of the approach surface and the. longer sides of the landling strip. Article 10, paragraph 3, shall be amended as follows: 3. An air- worthiness certification shall be granted by designating the purpose of use and operational limits of the aircraft as may be specified by Ordinance of the Ministry of Transportation. PAGENO="0090" 1492 AIR LAWS AND TREATIES OF THE WORLD In Article 38, paragraph 2, "and distinction whether it is used for public in the airdrome" shall be added after "other matters specified by Ordinance of the Ministry of Transportation," and in the same article, paragraph 3, "the distinction whether it is used for public shall be added after "location and scope." In Article 39, paragraph 1, item 3; Article 47, paragraph 1 and Article 48, "the technical standards" shall read "the public safety standards." Article 53 shall be amended as follows: (Prohibiting Act) Article .53. No one shall damage a runway, docking rail or impor- tant facilities of the airdrome or an air navigational aid or conduct such other act as may spoil its function as specified by Ordinance of the Ministry of Transportation. 2. No one shall throw things at an aircraft on the airdrome or commit such other act as may spoil the aircraft as may be specified by Ordinance of the Ministry of Transportation. 3. No one shall enter a landing strip, docking rail, apron or hangar without permission. The following Article shall be added after Article 54: (Management Regulations) Article 54-s. The operator of any airdrome shall post a notice that is seen easily with respect to matters concerning concessions or other business operations at the airdrome for public use in accordance with the provisions of Ordinances of the Ministry of Transportation. 2. The operator of any airdrome provided for in the preceding paragraph shall obtain an approval of the Minister of Transporta- tion, when he intends to establish management regulations set forth in the same paragraph or make alterations thereof. In Article 56, paragraph 2, "Article 49, 50 and Article 51, para- graph 1" shall read "Article 47, paragraph 1; Article 49; Article 50; Article 51, paragraph 1, 3, and 4, and Article 54-2, paragraph 1." Paragraph 3 of the same article shall be deleted. Article 72 shall be amended as follows: (Route Qualification of Pilot-in-Command) Artie7e 72. A pilot-in-command of an aircraft used for scheduled air transportation shall obtain an approval of the Minister of Trans- portation with respect to possession of piloting experience of aircraft over the pertinent route and knowledge of the pertinent route as may be stipulated by Ordinance of the Ministry of Transportation. 2. The Minister of Transportation shall, in accordance with the provisions of Ordinance of the Ministry of Transportation, examine periodically whether such person who obtained an approval under the preceding paragraph possesses the said experience and knowledge provided for in the same paragraph. 3. When the Minister of Transportation, as a result of the preceding examination, deems that the person who obtained an approval under paragraph 1. does not possess the foregoing experience and knowledge, he shall cancel the approval. The following article shall be added after Article 73. (Confirmation Before Departure) Ji'ticle 73-2. In accordance with the provisions of the Ordinance of the Ministry of Transportation the pilot-in-command shall not have PAGENO="0091" AIR LAWS AND TREATIES OF THE WORLD 1493 the aircraft take off unless he has confirmed that the aircraft does not hinder the navigation and has completed other preparation necessary for operation of the aircraft. Article 83 shall be amended as follows: (Prevention of Collision) Article 83. Any aircraft shall navigate in accordance with the course, path, speed and other methods of navigation as may be speci- fied by Ordinance of the Ministry of Transportation for the purpose of preventing collisions with other aircraft or ships and insuring safety of taking-off or landing of the aircraft on the airdrome. However, in case where the aircraft is on water, it shall be determined in accordance with provisions of the Law concerning Prevention of Collisions at Sea. Article 99. In accordance with the provisions of Ministry of Trans- portation, the Minister of Transportation shall provide pilots with necessary information for operation of the aircraft. The following Article shall be added after Article 134. (Information) Article 134-s. Any person who sets off a rocket or fireworks or commits any other act which may obstruct the flight of aircraft as may be specified by Ordinance of the Ministry of Transportation shall in- form the Ministry of Transportation of such act in advance, in accord- ance with t.he provisions of Ordinance of the Ministry of Transporta- tion. The table of Article 135, item 1-2 to 10, shall be amended as fol- lows: 1-2. Any person who applies for an airworthiness certification un- der Article 10, paragraph 1: 124,000 yens; However, in case where an examination is held outside Japan, an amount as specified by Cabi- net Order shall be added to an amount as may be specified by Cabinet Order within the limit of 124,000 yells. 2. Any person who applies for a type certification under Article 12, paragraph 1: 67,200 yells. 3. Any person who intends to undergo an inspection on repair or remodeling under Article 16, paragraph 1: 34,700 yens; However, in case where examination is held outside Japan, an amount as speci- fied by Cabinet order shall be added to an amount as may be specified by Cabinet Order within the limit of 34,700 yens. 4. Any person who applies for spare-parts-certification under Article 17, paragraph 1: 16,800 yells; However, in case where an ex- amination is held outside Japan, an amount as specified by Cabinet Order shall be added to an amount as may be specified by Cabinet Order within the limit of 16,800 yens; 5. Any person who intends to undergo an inspection under Article 20, paragraph 1: 8,700 yells; However, in case where an examination is held outside Japan, an amount as specified by Cabinet Order shall be added to an amount as may be specified by Cabinet Order within the limit of 8,700 yens: 6. Any person who applies for a competence certification under Article 22, paragraph 1: 700 yens; However, when an aircraft of the Ministry of Transportation is used for practical examination includ- ing the navigation of aircraft, an amount as may he specified by Cab- PAGENO="0092" 1494 AIR LAWS AND TREATIES OF THE WORLD met Order shall be added to an amount as may be specified by Cabinet Order within the limit, of 700 vens; 7. mv pei~~n who applies for an aircraft crew license under Article 22. paragraph 2: 300 yens: 7-2. Any person who applies for an alteration of restriction with regard to a competence certification under Article 29-2, paragraph 1: 560 vens; S. Any person who applies for an instrument flight certification under Article 34, paragraph 1 or a training-for-pilotage certification under paragraph 2 of the same Article: 560 yens; However, when an aircraft of the Ministry of Traii~porratioii is used for a examination including the navigation of aircraft, an amount as may be specified by Cabinet Order shall be added to an amount as may be specified by Cabinet Order within the limit of 560 yens; 9. Any person who intends to obtain permission for aircraft pilotage training under Article 35: 300 yens; 10. Any person who applies for a re-issuance of an aircraft registra- tion certificate, airworthiness certificate, competence certificate. air- man licence or a permit for aircraft pilot age training: 140 yens. In item 20 of the table in Article 135, "500 yens" shall read "700 yens." The following paragraph shall be added after Article 14~-2. 2. The. same as in the preceding paragraph shall aj)piy to any oper- ator of an airdrome who has established management regulations or made alterations therein without. obtaining approval under the Iro- visions of Article 54-2. paragraph 2. in violation of the same ~ranli. Article 150. item 3 shall be amended as follows: 3. When he has damaged a runway, clocking rail, or facilities of the airdrome or an air navigational aid as may be specified b Ordinance of the Ministry of rlr.1n41)ort.ltjon or committed such other act as may spoil the fiiii~t ion thereof in violation of the provisions of Art ide 53, paragraph 1. The following two items shall be added after Article 150, J)ara- graph 3. 3-2. When he has thrown things at an aircraft on the airdrome in violation of the. provisions of Article 53, paragraph 2 or committed other act as may be specified by Ordinance of the. Ministry of Tr;tns- p01't~tt ion. 3-3. \Vhen he has entered a landing strip, clocking rail, apron or hangar in violation of the provisions of Article ~ ~ 3. The following item shall be added after Article. 150, item 5. and item 11 shall be deleted. 5-2. When he. is on board the aircraft. for scheduled air transporta- tion as a pilot-in-command without obtaining an approval under the provisions of Article 72. In Article 153, item 1 to item 4 shall reacT item 2 to 5 anti the follow- ing item shall be added as item 1 after the same article. 1. When he has an aircin ft tal~e oil ~n vi~)lation of A rt.icle 2). In Article 160. item I, "Article 107" shall reacT "Article 54-2, Para- graph 1 or Article 107." The following item shall be added after Article 161. 3. \Vlien he has not made the report in accordance. with the pro- visions of Article 134-2 or has matTe a. false report thereof. PAGENO="0093" AIR LAWS AND TREATIES OF THE WORLD 1495 SUPPLEMENTARY PROVISIONS 1. This law shall come into force oii the day following three months from the date of its promulgatioii. 2. The airworthiness certification presently valid under this law shall remain effective after this law takes effect, irrespective of the new provisions of Article 10, paragraph 3. 3. With respect to airdromes for public use at. the time when this law takes effect, the operator of such aerocirome may not establish management regulations within three months after this law takes effect, irrespective of the new provi~ion~ of Article 54-2, paragraph 1. 4. No pe1so1~, paragraph 1, may be on board an aircraft for sched- tiled air transportation as a pilot-iii-conimaiicl within six months after the (late of the enforcement of this law without obtaining an approval under the new provisions of Article 72, irrespective of the new pro- visions of that. article. 5. With respect to route qualification of a person on board the aircraft for scheduled air transportation as a pilot-in-command with- out obtaining an approval under the new provisions of Article 72, paragra~)lI 1, the same paragraph as pl'ior to the amendment shall apply. LAW ~O. 90, .JIJNE 1, 1960 (Date of Enforcement) Article 1. This Law shall become effective on the 1st day of June, I 9(;0. (Transitional Provision concerning Heliports) A ~ 2. The Minister of Transportation shall make notification without. delay after the enforcement of this Law of any approach area, approach surface. and transitional surface under the provisions of Article 2, paragraph (3, 7 and 9 of the revised Civil Aeronautics Law (hereinafter referred to as "new law") with regard to heliports exist- ing at the time of enforcement of this Law and post such notifications imme(liately. (Transitional Provisions concerning Air Traffic Control Zones) l t;~7f~ 3. Aerodrome used for public service which exist. at the time of enforcemeiit of this Law shall be regarded as aerodromes desig- nated by the Minister of Transportation under the provisions of Art njle 2. paragraph 12 of the New Law with regard to the application of the sanie paragraph. (Transitional Provisions concerning ITorizontal Surface) A itele 4. The provisiolls of Article 49, paragraph 1 of the New Law (including the case where Article 56. paragraph 2 of the New Law applies) shall not apply to the limitation of height with regard to an object which exists at the time of enforcement of this Law and which has come to project. above the horizontal surface of a.n aero- dlrome for public use prior to fte. time of enforcement of this Law, after the notification under the provisions of Article 40 of the law before revision (including the case where Article 56, paragraph 2 of the Law- before revision applies) (including a plant which exists at the time of enforcement of this Law and has come to project above the horizontal surface after enforcement. of this Law and also inc.lud*- ing a structure whicli is under construction at the time of enforcement PAGENO="0094" 1496 AIR LAWS AND TREATIES OF THE WORLD of this Law and has come to project above the horizontal surface after the enforcement of this Law, clue to said construction work). 2. The Minister of Transportation or an operator of an aerodrome may request removal of a part of said object which projects above the. horizontal surface by the owner of the object as specified in the preceding paragraph or by any other person who has authority in ac- cordance with Article 49, paragraphs 3 to i inclusive. (Transitional Provisions concerning Aeronautical Obstruction Lights, etc.) Ai~tiele 5. The provisions of Article 51, paragraph 1, and Article 51-(2), paragraph 1, of the New Law shall not apply to an object which exists at. the time of enforcement of this Law and has a height of not less than 60 meters above the land or water surface (includin a plant which exists at the time of enforcement of this Law, an has grown up to a height of not less than 60 meters above the land or water surface, and a structure which is under construction at the time of enforcement of this Law and has come to have a height of not. less than 60 meters above the land or water surface due to said construction work). (Transitional Provisions concerning Air Freight Forwarding Enterprises) Artie7e 6. Any person who has been engaged in an air freight forwarding enterprise at the time of enforcement of this Law may be engaged iii said business continuously for three months from the date of enforcement of this Law, notwithstanding the provisions of Article 122-(2), paragraph 1, of the New Law, without obtaining a license under the same paragraph or an approval under Article 131.-(2), paragraph 1. When said person has made an application for a license, or approvai of said business during such period, the same shall apply to the period prior to the day when he has received information as to whether or not he has been granted a license or approval. (Transitional Provisions concerning Penal Provisions) ~4i~ti~7e 7. With regard to apphication of the penal provisions to an act performed before the enforcement of this Law, the previous provi- sions shall remain in effect. (Partial Amendment of the Law relating to the Establishment of the Ministry of Transportation) Ai't~i'7e 8. The Law relating to the Establishment of the Ministry of Transportation (Law No. 157 of 1949) shall be partially amended as follows: "Air Freight Forwarding Enterprise" shall be added to "Air Trans- port Enterprise" under ~-\ rticle 4. paragraph 44-(9). "Air Freight Forwarding Enterprise" shall be added to "Air Trans- port Enterprise" under Article 28-(2), paragraph 13. OTHER Ara LAWS ix FORCE IN JAPAN The following other air laws are in force in Japan: (1) Amendments to Civil Aeronautics Law, Law No. 40, March 26, lIL~9, and Law No. 90, June 1. 1960. amended by Law No. 140, May 16. 1962, Law No. 161, September 15, 1962. (2) Law concerning special case of Civil Aeronautics Law by vir- tue of provisions of the Agreement under Article VT of the Treaty of PAGENO="0095" AIR LAWS AND TREATIES OF THE WORLD 1497 Mutual Cooperation and Security between the United States of America and Japan, regarding facilities and areas and the status of United States forces in Japan, and Agreement regarding the status of the United Nations forces in Japan, Law No. 232, July 1, 1952, as last amended by Law No. 102, June 23, 1960. (3) Airport Maintenance Law, Law No. 80, April 20, 1956. (4) Nihon kôkü Kabushiki Kaishahô, Law No. 154, August 1, 1953, as amended by Law No. 82, July 22, 1955, Law No. 84, April 4, 1963. (5) Aircraft Mortgage Law, Law No. 66, October 1, 1953. (6) Airways Marking Law, Law No. 99, May `24, 1949. (7) Civil Aeronautics Enforcement Regulation, Ministry of Trans- portation, Order No. 56, July 31, 1952, as last amended by Ministry of Transportation Order No. 9, March 30, 1962. (8) Civil Aeronautics Enforcement Order, Cabinet Order No. 421, September 16, 1952, as last amended by Cabinet Order No. 178, April 30, 1962. (9) Aircraft Registration Order, Cabinet Order No. 296, October 1, 1953, amended by Cabinet Order No. 383, December 26, 1959. (10) Aircraft Registration Regulation, Ministry of Transportation Order No. 50, October 1, 1953. (11) Regulation concerning compulsory attachment of Aircraft, Supreme Court Regulation No. 16, October 1, 1953. (12) Regulation concerning Judicial Sale of Aircraft, Supreme Court Regulation No. 17, October 1, 1953. PAGENO="0096" PAGENO="0097" JORDAN LAW No. 55, 1953: LAW OF CIVIL AVIATION 1 Art. 1. This law is to be called Law of Civil Aviation of 1953. It ~ha11 be effective from its publication in the Official Gazette. Art. 2. Definitions: (Minister) in this law means the Minister of Communications- Civil Aviation, or any person delegated by the Minister to exer- cise his authority according to this law. (Treaty) means the convention signed in Chicago on December 7, 1944, according to which it was agreed to adopt some general laws and regulations regarding international civil aviation, or any international treaty amending this Convention or replacing it and recognized by the Jordan Government. (Contracting Party) means any State which signed that Con- vention. (Aircraft) means all balloons, airplanes, dirigibles, or gliders. (Balloon) means any aircraft which use gases lighter than air for keeping in the air and which has no power of propulsion. (Airplane) means all air, sea, and water planes and other air- craft which are heavier than a.ir and have propulsive power. (Dirigible) means aircraft which is lighter than air and has no ties w-ith the land and no mechanical propulsive power though it has machines for controlling direction. (Military aircraft) means military and Air Force aircraft which belong to the Jordanian R.A.F., and other aircraft piloted by per- sonnel from the King's sea, land, or air forces shall also be con- sidered military aircraft.. (Foreign aircraft) means aircraft which are non-Jordanian whether military or civilian, including those used for transpor- tation of pouches, mail, customs and police. (Governmental aircraft) means all aircraft used by the State for mail, customs and police. (Passenger aircraft or freight. aircraft) means aircraft used for transporting passengers or freight in exchange for wages or remuneration. (Crew) means the pilot, navigator, and other crew members working on the aircraft. (Freight.) includes postal bags and animals. (Wireless Telegraphy) means also wireless telephone. (Airdrome) means a land or water surface, all or part of which is intended for the landing of aircraft. It includes the buildings thereon and all other installations. (Customs Airdrome) means any airdrome under the control of the Ministry. Published in the Official Gazette No. 1135, March 1, 1953. 14~9 39-737 65-vol. II-7 PAGENO="0098" 1500 AIR LAWS AND TREATIES OF THE WORLD (Owner of Airdrome) means any persons responsible for man- aging it. (Licensed Airdrome) means any airdrome which has a license from the Government.. (Decision) unless otherwise. stated, means anything decided according to the provisions of this law or regulations issued by the Minister. (Prohibited area) means any area declared thus by the Minister. (Days) means days passed, not onl weeks days. GENERAL PROVISIONS ~.I,t. 3. The hing(lom has complete sovereignty over the airspace above its territories. The territories of the Kingdom include its ter- i-torial waters. Art. 4. No aircraft is allowed to fly over Jordan territories or land thereon unless it has been licensed by the Minister or its right, to fly or land in Jordan is recognized by an agreement signed between the Jordanian Government and the State to which the aircraft belongs. NATIONALITY OF AIRCRAVI' Art. 5. 1. No aircraft may have Jordanian nationality unless they are owned by Jordanian citizens or by companies possessing Jordan- ian citizenship, provided that the major part of their capital is owned by Jordanian citizens and provided that the President of these com- panies and t wo thirds of the shareholders including the President are Jordanian citizens. 2. Foreign aircraft hired by Jordanians and Jordanian companies, may bear the markings of the hiring company during the period of hire provided its original markings remain. A it. 6. Nationality marks will be given to aircraft to indicate their Jordanian nationality. Art. 7. Jordanian aircraft lose their nationality in the following cases: 1. if the conditions specified in Article 5 or no longer fuffihled; 2. if they are sold t.o a foreigner or its owner becomes a foreign nat.ional; 3. if they are registered in a. foreign country. Ait. 8. No aircraft may fly over Jordan except if it is registered in: 1. a foreing country a party t.o the convention, or 2. a foreign country which concluded with His Majesty's Gov- ernment an aviation agreement which is in effect. A rf. 9. Registration of aircraft in the Kingdom is made by the. Min- ister. Art. 10. Applications for regist.ration shall be submitted to the Minister. The applicant has to supply the Minister with all docu- mne.nts rega.rding the aircraft, ownership and present. the necessary proofs that confirm the application. A if. 11. The Minister shall open a registration book in which air- em-aft registered in the Kingdom will he recorded, and which shall inlude the name of the owner of the aircraft, or the institution w-hic.h owns it. its serial number and all other details. PAGENO="0099" AIT~ LAWS AYD TREATIES OF THE WORLD 1501 Ait. 12. The Minister shall issue certificates of registration for such aircraft and assign a registration mark. Art. 13. No aircraft registered in a foreign country may be regis- tered in the book mentioned in Article 11 except after proof that such aircraft has been cancelled in the. foreign register. A it. 14. The Minister has the iigiii tu refuse application for regis- tration of any aircraft iii the Kingdom whenever he finds that such registration is not in the public interest. Art. JJ. The Minister has the right to cancel registration of any aircraft registered in the Kingdom if he finds that. the ownership of such aircraft differs from the registration, or if its registration is not as required by Article 13, or is against, the public interest.. In such case the registration shall be deemed cancelled starting from the date select.ed by the Minister. Art. 10. In case ownership of all aircraft registered in the Kingdom is transferred, the owner in whose name the aircraft is registered must notify the Minister by letter of this transfer, it.s date and the registra- tion in his name will be deemed cancelled as from that (late. Art. 17. In implementation of the preceding article, transfer of ownership of an aircraft. shall be deemed as having taken place in the following cases: 1. Discontinuation of ownership of the aircraft in the name of tile owner in whose name it is registere.d. 2. Partnership of another person in the ownership of the aircraft registered in the name of tile original owiwr. 3. I)iscontinuation of ownership of the aircraft according to Article 5. Art. 18. The certificate of registration of any aircraft shall be deemed cancelled when tile aircraft is damaged or lost, or not used because of unsuitability. The owner has to notify the Minister of such event.. Art. 19. No aIrcraft may fly over Jordan unless it is registered and [registration marks are] pa.inted thereon, and the marks showing its nationality are clearly visible. It may not carry tile nationality marks and registration of a country in which the aircraft is not registered. Art. 20. 1. Nationality marks of an aircraft. registered in the king- dom will be formed of 2 Roman letters, and tile marks of registration will be formed of 3 Roman letters to be assigned by the Minister when tile aircraft is registered. 2. Tile marks of nationality and registration must. be painted on aircraft in a clearly visible manner. 3. A fire resisting metal plaque, carrying tile name of tile Owiler in whose name tile aircraft. is registered and his address must be fixed On the side of tile main entrance of tile aircraft. or in any other appar- ent place. 4. The registration marks aild the metal plaque must always be kept in good and clean conclit ion. Art. 21. An aircraft. shall be considered as committing a violation if it. does not comply with tile conditions specified in the preceding article. J it. 42. No aircraft. which is non-Governmental may carry tile marks specially assigned to Government aircraft. PAGENO="0100" 1502 AIR LAWS AND TREATIES OF THE WORLD Art. 23. 1. No aircraft may fly or attempt to fly unless: A. it possesses a certificate of airworthiness in accordance with the laws of the country in which it is registered. B. it complies with all the conditions mentioned in the certifi- cate of airworthiness. 2. Exceptions from the rules of this article may be made for aircraft registered in the Kingdom and which fly over the Kingdom only for the purpose of training, experiment, examination or any other opera- tion concerned with the machinery of the ship, and which the Minister allows to fly without the airworthiness certificate, provided such flights are made imder conditions which the Minister stipulates in a written permission. Art. 24. The Minister issues certificates to aircraft when he has as- certained that the aircraft complies with the stipulated conditions. He has the right to renew or withdraw the certificates. Art. 26. In order to ascertain that aircraft comply with all condi- tions required in the preceding article, the Minister may rely on the reports issued by any person or organization which the Minister authorizes to submit such reports. Art. 26. No aircraft in the Kingdom shall have the right, if used I'or commercial transportation purposes, to fly or attempt to fly except after a careful check and after certification that it has been maintained and repaired according to approved maintenance instructions, and that a. certificate of airworthiness has been issued showing its flight- worthiness. Art. 27. The airworthiness certificate must be issued in duplicate by qualified aircraft. engineers and are effective as from their issuance. A it. 28. The airworthiness certificate becomes invalid: 1. at the time when maintenance instructions call for the neces- sity of issuing a new airworthiness certificate. 2. when an aircraft has suffered serious damage even though the airworthiness certificate may still be valid. Serious damage means damage which no member of the aircraft crew can repair. LICENSES OF THE CREW Art. 29. No person may perform the duties of pilot., navigator, or engineer or any other duty on an aircraft registered in the Kingdom, exce.pt when lie has a certificate showing his ability to perform such duties. Art. 30. No per~on may perform any duties on an aircraft regis- tered in other countries except when he has a certificate showing his ability to perform such duties. Art. 31. The Minister has the right to grant, confirm and renew the licenses i~ued by the competent authorities in foreign countries, subject. to such reservations and conditions as lie may impose. He has the right, to refuse to grant. confirm. or rene.w any license when t.he applicant does not fulfill the requirements. OWNERSHIP OF AIRCRAFT', LEASE, ATTACHMENT, AND SALE Art. 32. Aircraft are transferable property as regards the laws and regulations of the Kingdom. However, transfer in an aircraft must PAGENO="0101" AIR LAWS AND TREATIES OF THE WORLD 1503 be by written document and will not be effective unless it is registered in the register mentioned in Article 11 of this law. Art. 33. Any transfer of ownership due to death, and any judg- ment for transfer of ownership must. be registere.d. Art. 34. If an aircraft is rented for a continuous number of years or for a certain period, its pilot and crew shall renmin under the con- trol of its owner unless there was an agreement to the contrary. Such agreement shall not. be effective except if the Minister approves it. Art. 35. The owner of an aircraft rented to another person, whether he is a Jordanian or a foreigner, shall remain responsible for the legal duties in cooperation with the lessee. However, if the lessor regist.ered the lease and the lessee fulfills all necessary conditions for owning a Jordanian aircraft, lie shall be solely responsible for the legal duties. Art. 36. Attachment a.nd sale of aircraft shaH take. place according io the rules of the law of civil pi'ocedui'e except in the cases mentioned in treaties and international agreements. Any attachment shall be recorded in the register. [Amends Article 36 of Law No. 55/19~3] 2 The Chief Justice of the Court, regardless of any request for seizure of an aircraft, and after considering all aspects of the case, may permit an aircraft to remain at the disposal of the operator provided he posts a. guarantee or bond, or any other security to ensure the rights of the party requesting seizure. Art. 37. If a landing strip is damaged due. to the crash of a Jordanian or foreign aircraft., the local authorities may invite the internal security forces to detain the aircraft for 7~ hours until the Governor or the responsible authority reach the place of the accident and esti- mate the damage. If there is any violation, the fines and other ex- penses shall be estimated. The. Governor will order immediate pay- ment of the amount unless an appropriate guarantee or bail is offered. If neither the amount is paid nor the guarantee submitted, the aircraft shall be attached until the suit is settled. All expenses incurred shall be paid by the owner. Art. 38. The Minister has the right, to order any aircraft out of service even if it. is foreign, when it lacks airworthiness or its pilot has committed a violation of the laws. AIR TRANSPORTATION Art. .]9. Governmental or foreign aircraft may not fly above, or land on Jordanian territory except by special permissioli from the Minister, after approval of the Minister of Defense or according to a special agreement. Art. 40. Foreign civil aircraft. may not fly over Jordanian territory or land thereon unless their right to fly is recognized by an international agreement or unless they possess a special or temporary permit. from the Minister. Such aircraft shall be accorded the same treatment as the State of origin of such aircrafts accords to Jordanian aircraft. Art. 41. Scheduled international air services may not. be operated except according to international agreements ratified in accordance with established procedures. However, the Cabinet, if recommended Added by Law No. 37/1954, Official Gazette No. 1207. PAGENO="0102" 1504 AIR LAWS AND TREATIES OF THE WORLD by the Minister, may grant temporary licenses to start and operate international air services. Art. 42. Commercial air transportation of passengers or freight be- tween any two points inside the Kingdom may not be made except by ieIsons or organizations of Jordanian citizenship. International air routes may be established only after obtaining a license from the Cabinet upon recoiiimenclation of the Minister. Art. 43. No aircraft may fly over private property in such a way as to hinder the owner in using his rights. The Minister will assign the routes which must be followed. Art. 44. If an accident occurs to a foreign aircraft and it crashes on Jordanian territoiv. the competent authorities in the Kingdom shall conduct investigations on the causes of the accident. The State whose nationality such aircraft has, shall have the right to send observers to such investigation. provided there is reciprocal treatment. Art. 45. The Minister may impose a temporary prohibition pre- ventmg flight over or near places used for public meetings or related to defense purposes on the request of the Ministers of Defense and the Interior. In extraordinary circumstances related to defense the Cabinet has the right to impose an instant prohibition to present flights over all or part of .Tordan. Such prohibition shall be issued by an order of the Cabinet. Any aircraft ivliicli enters the prohibited area must land immediately at the nearest airdrome upon being ordered to do so. If a pvoh1'~ti~n has been is~ued fer n certain area and any aircraft vioiates that. order, it will be detained upon landing at aiiy point inside the Kingdom, its crew will be turned over to military courts to be tried for spying. unless the crew and pilot are able to show reasonable cause why they were ob1i~ecl to fly over such prohibited areas. If an aircraft was observed in flight, it must, upon hearing the first warning or warning shots. land at the nearest airdrome, and if it refuses, it will be forced to land. A it. 4l~. Lnle.ss there is a compelling reason, no airc.raft may fly over any city or inhabited place or a. public meeting place except a.t. an alti- tude that enables it to land outside such crowde.d place if the propul- sive power stops for some reason. This altitude must not be less than 500 meters for multi-engined, and 700 meters for single-engined air- c.raft. _.i it. 4~. Acrobatic flying and useless dangerous maneuvers of air- craft. are prohibited over cities, crowded places, places of public meet- ings. and over places open to the public on airdromes. i it. 48. No air parade to which the public is invited may be held except with a special permit from the Minister. Ait. 4J9. No aircraft. may land or fly except on, or from public air- dronies or private stations established in a legal manner, except in emergencle.s. Upon landing or flying, the pilot must observe the public aviation laws and regulations of the. airdrome. ii~. 50. Every aircraft which enters ,Jordan must land on customs airdromes and leave from these airdromes unless it is licensed to pass ove.r Jordan without landing. If an aircraft in transit has to land due to bad weather conditions or any other emergency, it must land at PAGENO="0103" AIR LAWS AND TREATIES OF THE WORLD 1503 the nearest customs airdrome. If an aircraft has to land outside customs airdromes, its pilot must inform the nearest local or customs authority. Ait. .51. If a pilot of an aircraft has to land on private land, the owner of the land may prevent the departure of the ship or its move- ment until the nearest local aut.horities arrive and investigate. DOCUMENTS AND CERTIFICATES Art. .52. 1. Every aircraft in the Kingdom must carry the following papers: a) Flight log; b) Certification for transporting passengers or freight for re- numeration; c) Log for every engine of the aircraft; d) Log for every propeller of the aircraft; e) Log for the wireless communications if the aircraft is sup- plied with wireless apparatus. 2. Every member of the crew of a.ny aircraft registered in the King- clom. and every individual who flies accor(lmg to the rules of this law, whether for the lnillose of obtaining a license, for renewal of a license for training, or for receiving flight instruction, must keep a log for his flying time. 3. The following instructions must. he observed as regards the logs mentioned in the preceding paragraphs: a) Logs must. be organized according to the form decided on or approved by the Minister. b) All details must be written in the log in accordance with the form established for the purpose or approved by the Minister. c) The Minister decides the conditions, appoints the persons, and sets the time according to which events and facts are recorded and signed in the logs. d) Logs must be preserved and kept for three full years after entry of the last event. Radio logs must be kept for six months. 4. Any aircraft which violates the rules of the first and third para- graphs of this article, and any crew who violates paragraph 2 will be considered as committing an offense. Art. 53. Every aircraft which lands in a Jordanian from a foreign airdrome or station must. carry the following records: 1. Registration certificate 2. Certificate of airworthiness 3. Certificates of the pilot and every member of the crew 4. Certificate of sa.fet.y 5. Log of the trips made 6. License for wireless apparatus 7. Log of the. wireless appaiatiis S. List. containing the names of ~)assengers which show-s the places of departure and (lestmation 9. A statement. on the freight which the ship carried. Art. .54. The pilot of an aircraft must. show the legal documents mentioned above upon request. by a. responsible official either upon landing, or before departure from the Kingdom. PAGENO="0104" 1506 AIR LAWS AND TREATIES OF THE WORLD Art. 55. It is prohibited: a) that any person falsify a license or a certificate required by this law, or possess such license unlawfully, or assist in falsifying it in an unlawful manner, or b) make an untrue statement or help or contribute to the mak- ing of such false statement, for obtaining, confirming or renewing any certificate or license, either for himself or for others, c) to use unlawfully any license or a false, cancelled, or revoked certificate which he has no right to use, or ci) to change unlawfully any license or certificate for others or to allow others to use it. 2. No person may intentionally damage any list containing names of passengers~ or falsify or blot it out, or unlawfully enter into it any false information. AIR TRANSPORTATION Art. 56. The ticket. issued to a passenger for a trip shall be deemed a contract and an agreement for transportation. The carrier must give the passenger a ticket that shows the following: a) Place and date of issuance b) Place of departure and of arrival c) Intermediate stops. However, the carrier has the right to change the places of intermediate landings provided that this change will not affect the passenger by depriving him of any international capacity which he might have d) Name and address of the carrier or carriers e) A statement showing that the transportation is under the rules regarding liability under this law f) Amount of the fare charged 2. The absence of a ticket, or the presence of a violation therein, or loss thereof, shall not affect the existence of a contract for transporta- tion or the legality of the contract. Nevertheless, if the carrier ac- cepts a passenger without. a ticket, t.he carrier may not benefit from any provisions of this law which exempt him from liability. Art. 57. 1. The carrier shall issue tickets for transporting baggage, other than small personal articles which the passenger wants to keep with him. 2. The baggage ticket shall be issued in duplicate, one to be given to the passenger and the other to be kept. by the carrier. 3. The baggage ticket must include the following facts: a) Place and date of issuance b) Place of departure and arrival c) Name and address of the carrier or carriers d) Number of the passenger ticket e) A statement including permission to deliver such goods to the bearer of the ticket f' Number and weight of parcels g) The fare received for transporting the goods h) A statement that transportation is under the rules concern- ing liability under this Law i) The fare received for transporting the goods 4. The absence of a ticket for freight or the presence of a violation therein or loss thereof shall not. affect the existence of a contract for PAGENO="0105" AIR LAWS AND TREATIES OF THE WORLD 1507 transportation on the legality of the contract, which must be in accordance with the rules of this law. Nevertheless, if the carrier accepts goods without a freight ticket or if the freight ticket does not include the details mentioned in para- graphs e, f, g of sub-section 3 of this article, then the carrier shall have no right to benefit from any provision of this law which exempts him from liability. Art. 5~9. Any carrier of freight shall have the right to ask the shipper to prepare a document called "airway bill" and to deliver it to the carrler. Every shipper shall have the right to demand from the carrier the acceptance of this document. 2. The absence of this document, or t.he presence of a violation therein, or its loss, shall not affect the existence of a contract for trans- portation or the legality of that contract. Art. 59. 1. The airway bill must be prepared in three original copies and be delivered with the goods. 2. On the first copy must be written: "for the carrier", on the second "for the addressee", and this must be signed by the sender and the carrier and be attached to the goods. The third copy shall be signed and given to the shipper by the carrier after accepting the goods. 3. The carrier must sign the document when the goods arrive. 4. Instead of the carrier's signature, a seal may be used, provided the signature of the carrier is printed or in the form of a seal. 5. If the carrier completes the airway bill according to the request of the shipper, he shall be deemed to have done so on behalf of the shipper, unless there is proof to the contrary. Art. 60. The. carrier of goods shall have the right to request the shipper to combine a. iiumber of documents for aerial shipping if there is more than one parcel. Art. 61. The document. for aerial shipping must. include, the follow- ing details: a) Place and da.te of preparation b) Place of departure and of arrival c) Places of stops, on condition that the carrier shall have the right t.o preserve, the right to change the places of stops if there is a need in order not to deprive the carrier of any international capacity he may have d) Name and address of the shipper e) Name a.nd address of the carrier f) Name and address of the addressee g) Kinds of goods h) Number of parcels, packaging, notations thereon in marks and numbers i) Weight, quant.it.y, size., and measurements of goods j) Outward conditions of the goods and how wrapped k) Cost of transportation, time of payment. place and name of the person 1) Amount of the value as provided for in paragraph 2 of Article 75 m) Number of shipping documents n) The documents given to the carrier to accompany the airway bill PAGENO="0106" 1508 AIR LAWS AND TREATIES OF THE WORLD o) The time set for the transportation and a short remark on the method which must. be followed in case there is an agreement in that respect p) A statement showing that transportation is under the rules concerning liability. 2. If the goods are sent c.o.d., the price of the goods to be collected. Art. 62. If the carrier accepts goods without completing the airway bill, or if the airway bill does not contain all details, the carrier shall have no right to benefit from any provisions of this law which exempt him from liability. A it. 6.3. a) The shipper shall be responsible for the correctness and truth of all details, and statements regarding the goods mentioned in the airway bill. b) The shipper shall be responsible for all damage that affects the carrier or any other person because of a violation in the. details or their incorrectness in the airway bill. A~it. 64. 1. The airway bill shall be considered testimony on the conclusion of the contract~ and the receipt of goods and conditions of payi~ent. 2. The statements in the. airway bill regarding weight of goods, measurements. wrapping, and statements about the number of parcels shall be considered testimony on these matters. Statements about the value of the goods. size, description shall not be considereci testimony by the carrier, except~ if it was checked in his presence and in the presence of the shipper. and there is an explanation on the airway bill. A it. 65. 1. The shipper shall have the right, subject to carrying out his obI igat 10115 accorduig to the contract, to withdraw the goods from the airdrome of departure or arrival, or to stop them during the trans- portation at~ the place where the aircraft is to land, or to ask for their delivery at the place of arrival or during the trip to a person other than the addressee whose name is mentiolle(l in the airway bill, or request their return to the~ airdrome of departure. But he may not use this right in a wa that damages the interest of the carrier, lie shall be liable for all costs and expenses incurred. 2. If the carrier finds it impossible to implement the demands of the shipper. he must inform the shipper immediately. 3. If the carrier complies with the request of the shipper without showing a copy of the airway bill issued to him, the carrier shall be liable for any damage that may result from such compliance regarding iii ~ who lawfully possesses the airway bill. The carrier shall have the iight to recover the value of damages from the shipper. 4. The right granted to the shipper shall cease and be void when the right of the addressee starts according to Article 66. Nevertheless, when the addressee abstains from accepting the airway bill or the goods, or when it is difficult to communicate with him, the shipper shall recover the right of ownership and do with the goods as he wi sl ies. Art. CC. 1. With the exception of all circumstances mentioned in the. preceding article, the addressee shall have the right to request the carrier 111)011 the arrival of the goods to surrender to him the airway bill together with the goods after payment of any amounts clue accord- in~ to the contract. i~. The carrier shall inform the addressee of the arrival of the goods, unless otherwise agreed. PAGENO="0107" AIR LAWS AND TREATIES OF THE WORLD 1509 3. If the carrier claims that the goods transported have been lost, or if the goods do not arrive seven clays from the date on which they should have. arrived, the addressee ma hold the carrier liable ac- cording to the rights given to him under the tranSl)Oltation contract. A~t. 67. The shipper and the addressee. may exercise all rights given them according to Articles 65 and 6(3 of this law in their OWfl name whether they are acting for their own interest or for the interest of a third person provided they carry out their obligations mentioned ill the contract. Art. 68. 1. Ar~ic1e.s 65, 66 and 67 shall not. affect the relations be- tween the shipper and the addressee. or with third persons whose ida- tions arise through the carrier or the addressee. ~. The. provisions of the three preceding provisions may not be changed except by an express stipulation in the airway bill. Art. CD. 1. TIhe shipper shall submit time information and attach to the airway bill all documents necessary for the customs procedures or the. law related to importation or to police before the goods may be delivered to the addressee. The shipper shall be liable to the carrier for any damage that may occur clue, to the lack of such information or docuniemits, or for their insufficiency, or for any other violation except when the damage was caused by a mistake of the carrier, his employees or agents. ~. The carrier may not l)e forced to ascertain time truth of any information or the documents, or to investigate whether they are sufficient. Art. 7,'). The carrier shall he liable for any d~innige that may occur, such as death of a passenger from personal injuries, if an accident takes place and causes such injury aboard the aircraft or during board- ing or leaving the aircraft. Art. 71. 1. The carrier shall be liable for any damage that may be caused to baggage or registered goods. He shall be liable for their safety and for loss in case of accident. causing such damage during the transportation. ~. The carrier shall be liable for the goods during the period ill which they ale entrusted to him whether on an airdrome or aboard an aircraft or any other place, in case the. aircraft lands at. any Otiler p1 a ce. 3. The carrier shall not he liable, if the, transportation was clone oil land or on sea or river outside the. airdrome, unless time transportation was made according to an air transportation contract or for the plTr- po~e of shipping, or delivery, or transportation from one aircraft to another. In such case, any damage shall i)e considered as having oc- curved during tile air transportation. ~1 it. 72. Tile carrier shall be liable for any damage which may be caused by delay occurring during the transporta( ion of passengers or frei~ht by air. ~.trt. 73. 1. The. carrier shall not be liable if it is p1o\~ed that he and his employees or agents have taken all necessary precautions to avoid any daimma ge or it. was most diflault for thi'in to ike such i)lecall oilS. ~. The carrier shall not be held liable for transporting ~oocls or bag~age by air if it. is proved that the damage has been caused by negligence in piloting the aircraft or in managIng it or in crewing it, ai~d that lie and his employees and his agents have done all they could to avoid the damage. PAGENO="0108" 1510 AIR LAWS AND TREATIES OF THE WORLD Art. 74. If the carrier proves that the damage was caused by the negligence of the complainant or that the complainant was the cause, the court may relieve the carrier from all or part. of the liability. Art. 75. 1. The liability of the carrier for every passenger shall be limited to 825 JDs in case passengers are transported. The carrier and passengers may agree on a special contract that provides for a higher limit than the above amount.. 2. The liability of the carrier in transporting baggage, and registered freight shall be limited to 17 JDs for each kilogram unless the shipper, upon delivering the goods to the carrier, ha.s made a special statement on the value upon delivery and paid an a.dditiona.l amount if neces- sary. In this case, the carrier shall pay upon delivery an amount not more than the value set in the statement unless it is proved that t.his amount is in fact. higher than t.he real value of t.he goods. Regarding article.s which may remain with the passenger on the aircraft, the lia- bility of the carrier shall be limited to 325 JDs for each passenger. Art. 7-. The existence of a contract which relieves the carrier from liability, or fixes a maximum limit for liability which is higher than the limit mentioned in this law shall be considered unlawful and void. However, the voidance of such contract does not render unlawful and void the whole contract., which shall remain valid under this law. Art. 77. 1. Damage suits may be filed only in the cases mentioned in Articles 71 and 72. 2. The preceding paragraph shall be in effect. in the situations men- tioned in Article 70, without thereby affecting or disturbing t.he right.s of persons who may file a suit. Art. 78. 1. The c.arrier shall have no right to benefit from t.he pro- visions of this law which limit his liability, in c.a seof damage because of an intentional act or a mistake equal to such intentional act.. 2. The rules of the preceding paragraph shall apply if t.he damage occurred because of negligence of any employee or agent of the carrier. Art. 79. 1. The receipt by the addressee of baggage and freight without. any protest. shall be considered as a proof that the goods have been delivered to him in good condition and in accordance with the airway bill. 2. In case there is a damage. the addressee must protest to the carrier as soon as he discovers the damage, within a period of three days after receiving the baggage and within seven days aft.er receiving freight. In case of delay. the protest. must he submitted within a period of 14 days. 3. The protest must. be. submitted on the transportation document to a public notary or by telegram and must be sent during the period shown in the preceding paragraph. 4. If the protest is not. submitted within these periods, no suit ma.y be brought. against the. carrier unless there is fraud on his part.. Art. 80. If the. person who is liable dies, then the damage suit shall be filed, according to the rules of this law, against his heirs. Art. 81. The right to sue. for compensation shall terminate after the passage of two years starting from the date of arrival at. the destina- tion or from the date on which the. aircraft. ought to have arrived, or from the date on which transportation ended. Art. 82. 1. If t.he transportation, which ought to have been per- formed by several carriers successively, is subject to the definition mentioned in paragraph 3 of Article 71, every carrier who accepts PAGENO="0109" AIR LAWS AND TREATIES OF THE WORLD 1511 passengers, baggage, or goods shall be subject to the rules of this law and each shall be considered one of the contractmg parties. 2. In transportation of this kind, the passenger or his agent may file suit against the carrier who performed the transportation during which the accident or the delay took place, except in the cases in which the first carrier undertook, by contract, to be liable for the whole transportation. Art. 83. In case of transporting baggage or freight, the shipper shall have the right to file a suit against the first carrier. The ad- dressee who has the right to receive the goods, may file a suit against the last carrier. In addition, both shall have the right to file suits against the carrier during whose transportation the damage, loss, or delay took place. The carrier shall be held jointly liable to the shipper and the addressee. Art. 84. Transportation which takes place in part by air, and in part by other means of transportation, shall be subject to the rules of air transportation only. Art. 85. In transportation by different means, nothing in this law shall prevent the parties from entering certain stipulations in the airway bill regarding the other means of transportation, provided that the rules of this law, as regards air transportation, are observed. Art. 86. Any provisions in the contract, or otl~er private agreement signed before the occurrence of the damage, which were intended to obviate the rules of this law either in defining the law which ought to 1)e applied or in cham.ring the rules regarWiig authorities, shall be null and void. Nevertheless, in the case of transportation of goods, certain deviations are permitted, provided they are in accordance with this law. Art. 87. Nothing in this law shall prevent the carrier from refusing to conclude any contract for transportation, or from drafting certain provisions provided they do not conflict with the rules of this law. Art. 88. This law shall not apply to international air transporta- tion, conducted on an experimental basis by persons whose profes- sion is aerial shipping, for the purpose of establishing a regular ship- ping service by air, nor does it apply to transportation being con- ducted in extraordinary circumstances. Art. 89. It shall be prohibited to transport arms and war animuni- tion on any civil aircraft. DAMAGES AND LIABILITY Art. 90. Aircraft~ pilots shall act in accordance with flight regu- lations and with instructions regarding lights and signals and take all the necessary precautions to avoid damages. Art. 91. No person shall have authority to perform an act that will cause harm to the safety of an aircraft~ or to any person on it by disturbing the flight, crew. Art. 92. No insane persons may enter, or be transported on an air- craft. No member of the crew may be in a condition that does not permit. him to perform his duties, such as getting intoxicated or using narcotics. Art. 93. Tn the certificate of airworthiness of an aircraft, there must be a provision as to places where, and times during which smoking is allowed. In every place inside the aircraft~ there must. me, in a visible place, a placard which shows whether smoking is allowed. PAGENO="0110" 1512 AIR LAWS AND TREATIES OF THE WORLD Art. 94. Pilots of aircraft which carry passengers for compensation must not obstruct~ the doors that lead to the exterior of the aircraft or any other part for use in emergency situations. Art. 9.~. The operator of the aircraft shall be liable for all damages which are caused to persons or property on the grouiid by maneuv~rs of his aircraft. or the separation of parts of it. Art. 9(1. It shall be prohibited to drop any article or anything what- ever from a.n aircraft unless there is an emergency. If something has been dropped and causes damage or harm to persons or property on the ground liability shall be determined according to the preceding article. Art. 92. If an aircraft is leased, the owner and the operator shall be iointly liable for any damage caused by it. However, if the lease contract has beeii recorded in the register, the owner shall not be held liable. AIRDROMES Art. 98. No one may establish a private airdrome or an air station except with approval of the Minister and after observing the inter- national regulations concerning airdromes. Art. 99. The. application for a license to establish airdromes or air stations shall be. submitted to the Minister with the following in- formation 1. a general map showing the site of the airdrome in relation to the adjoining towns and cities; 2. a general map for the airdrome and adjoining area to a di~tance of 1i~flO meters and on a scale not less than 1 to 2500; 3. a note showing how the airdrome will be used; 4. written approval of the landowner that lie approves the use of his land; 5. the internal regulation for the operation of such airdrome. The Minister has the right to ask for any additional information which he may find necessary. Art. 100. The Minister will conduct a technical investigation and decide whether to grant a license without being responsible for stating any reasons for the refusal. He has the right at any time to ask for any improvement he deems necessary on an airdrome or air station so as to render them more suitable for air traffic, or if it is in the public interest. . Art. 101. The Minister shall issue a list containing the fees and rates which private airdromes licensed for public use may charge for the services rendered to aircraft. He may also determine the condi- tions which must be observed when collecting these fees and rates. He may replace this list by another or amend it. Art. 102. The operator of an airdrome must show, in a prominent place. a list of all fees and rates collected for services to aircraft. lie may not collect more or less than the amounts on the list. Art. 103. Any person authorized by the Minister may enter at ap- propriate times any airdrome and any other place to conduct an inspection. which is necessary for the performance of his dut.ies according to this law. A it. 104. All military aircraft of his Majesty or used by the mili- tary authorities may enter, at appropriate, times, any licen8ed air- drome Art. 105. Every military aircraft licensed for public use and open PAGENO="0111" AIR LAWS AND TREATIES OF THE WORLD 1513 to Jordanian aircraft for payment. of fees, shall be coiisidered open for use by all aircraft of the countries which signed agreements. INVESTIGATION OF ACCIDENTS Art. 106. The Minister may order an investigation of any accident which occurs to any Jordanian aircraft in the Kingdom, or above it, or in its territorial waters, or anywhere else. The Minister must be informed of any accident. 2. The Minister may prevent any aircraft which has been in an accident from entering Jordan until t.he investigation of such accident is completed. 1-lie may authorize any person to enter such aircraft to investigate or to remove it or undertake any other action needed in regard to it. 3. The Minister may revoke any license or certificate issued accord- ing to this law or any of the regulations issued thereunder, if lie thinks the results of the investigation require it. FEES Arf. 107. By a decision he issues after approval of the Cabinet, the Minister determines the fees to be collected for issuing certificates or licenses, or confirming or renewing them, fees for ianding on air- dronies, or for staying in Jordan, and all other fees. He has the right to change such fees at any time. PENALTIES Art. 108. Any owner of any aircraft shall be punished by imprison- ment of from one week to one nionth and fined from 10 to 300 ~JDs or by both penalties if lie: 1. uses an aircraft or pemmits its use without obtaining a regis- tration certificate and airworthiness certificate, or without affix- ing the registration marks mentione(l in Article 20. 2. uses or permits the use of any aircraft whose airworthiness certificate is no longer valid and he knew that fact. Art. 109. The above penalties shall be imposed on the pilot of any aircraft who: 1. commands an aircraft without a license or certificate. 2. who destroys the flight log or changes entries thiereiii and falsifies it knowingly. 3. lands his aircraft without justification on airdromes not authorized for landing. 4. pilots an aircraft while committing any of the above vio- I ations. 5. flies over one of the prohibited areas mentioned in Article 45. Art. 110. The penalties mentioned above shall he doubled if the vio- lations are committed after refusal or withdrawal of the registrat~on certificate or the airworthiness certificate or the flight, license or after the violator has been prohibited to fly an aircraft. Au. 111. 1. Any pilot who violates the rules of Articles 4, 39, 40, shall be punished by a fine of from 15 .JDs to 300 .TDs and by impris- onnient of from 15 days to 3 months. 2. Any person who commits any of the crimes mentioned in Article 55 or knowingly uses any faked papers or docui~ients, shall be im- PAGENO="0112" 1514 AIR LAWS AND TREATIES OF THE WORLD prisoned from 3 months to one year and fined from 50 JDs to 200 JDs, or be punished by both penalties. Ai~t. 112. A fine of from 15 JDs to 300 JDs and imprisonment of from 6 months to 3 years shall be imposed on the owner, operator, or pilot of any aircraft if he affixes registration marks not in accordance with the marks assigned to such aircraft, or removes the correct marks, or makes them illegible, or permits others to do so, or uses an aircraft that carries a false mark. The same. punishment shall be imposed on any person who orders any one of the above ac.ts. A it. 113. There shall be punished by one of the penalties mentioned in Article 108 any person who: 1. violates Article 89 of this law. 2. uses cameras above prohibited areas or uses other devices or apparatus whose transportation is prohibited. rf he courts may order confiscation of such devices. A it. 114. There shall be punished by a fine of from 5 to 15 JDs and imprisonment of from one week to 15 days: 1. Any pilot who does not keep on the aircraft the prescribed documents or logs. 2. any owner of an aircraft who does not keep such logs for a period of three years from the last entry. 3. any person who violates Articles 46, 4~T, 48, 49. Ai~t. 115. Any pilot of an aircraft which violates Articles 110, 111 and 112, may be prohibited from flying any aircraft for a pe.riod ranging from 3 months to 3 years or for life. The pilot of an aircraft thus sentenced must transmit to the Minis- try of Communication, Civil Aviation his certificate for the period of the sentence. If he does not comply, he shall be punished by im- prisonment for a period of from 10 days to one month or fined 5 to 25 JDs. Such punishment may be in addition to the penalties men- tioned in Article 110 in case he flies an aircraft during the period of prohibition. All penalties will be applied consecutively. A it. 116. Any person who enters land not open for entry by law, or lets cattle or animals enter, shall be punished by a fine of from 5 to 25 JDs and imprisonment of from 10 to 60 days or by both penalties. A it. 117. Any violation of Article 96 shall be punished by a fine of from 10 to 50 JD5 or by imprisonment of from 10 to 60 days, or by both penalties. even though the jettisoning did not cause any damage. More severe penalties shall be applied if damage results, or a crime is committed. A it. 118. Except in the case when the landing of an aircraft will expose it to danger, a pilot who knows that he has caused an accident and does not land in orde.r to escape from liability, shall be punished by iniprisonment of from one week to 2 months and by a fine of from 5 to 25 JDs, or by one of these penalties. A it. 11.9. Any person who violates any other rules of this law shall be punished according to the importance of the violation by a fine of from 3 to 30 JDs or by imprisonment of from one week to 3 months, or by both penalties. A it. 120. This law abrogates all previous laws regarding civil avia- t ion, whether *Jordanian or Palestinian. . J,t. 121. The Prime Minister and the Minister of Communications shall enforce application of this law. PAGENO="0113" KENYA Kenya has not yet passed any civil aviation law of its own. For applicable law see Uganda. 1515 39-737---63----vol. II-S PAGENO="0114" PAGENO="0115" KOREA LAW No. 591 OF MARCh 7, 1961 CHAPTER I-GENERAL RELES Article 1. P'u.rpose.-The. purpose of this Law is to promote the de- velopment of aviation by providing for methods of insuring the safety of navigation of aircraft in conformity with the provisions of the. Con- vention on International Civil Aviation and with the 4andards, prac.- 1 ices and procedures set forth in the annexes thereto, ~uid by establish- ing order in air transportation enterprises. Article 2. Definition~s.-In this Law-, "aircraft" shall mean any air- plane, airship, glider or rotorcraft which can be use(l for civil air navi- gation with a person on board, or any contrivance usai)le for air navigation which may be so designated by a State Council decree. 2. In this Law, "air service" shall mean any operation performed on board an aircraft (excluding training as aircraft. pilot), including handling of radio equipment, and certification to be. performed on re- paired or remodelled aircraft, as provided for by Article 19. ~. In this Law, "airman" shall mean any pelson who has obtained a certificate of competence as an airman under Article 22, paragraph 1. 4. In this Law, "airdrome" shall mean a surface at lan(l or ~vat er rovided for the landing and taking off of aircraft. 5. In this Law, "landing strip' shall mean a rectangular part of an airdrome, which is provided for the landing or taking off of aircraft. (including such an area on water) in defined directions. 6. In this Law, "approach area" shall mean an area defined by con- uectmg two points at. the shorter si(le of a landing strip with two points ~5 meters (600 meters in the case of a landing strip used for instru- ment flight: a distance equal to ½ the width of the threshold multi- p1~e(1 by a. 15~ tangent in the case of heliports) distant. from a point, on a straight. line crossing at a point. 3,000 meters (not exceeding 2,000 ilieters and the distance specified by an Ordinance, of the Ministry of Transportation) distant from that. side and at right, angles with the extension of the center-line of the landing strip in the same direction as the former two points. 7. In this Law, "approach surface" shall mean an area abutting on the shorter side of a landing strip and sloping upwards at an angle of one-fiftieth from the horizontal plane as specified by an Ordinance. of the Ministry of Transportation, the projection of which corresponds with the approach area.. S. In this Law, "horizontal surface" shall mean that part of a lion- zont.a.l plane including a point 45 meters vertically above the airdrome reference point, which is enclosed by a circle described with that point as it.s center and with a radius of a length specified by an Ordinance of the Ministry of Transportation. 151.7 PAGENO="0116" 1518 AIR LAWS AND TREATIES OF THE WORLD 9. In this Law, "transitional surface" shall mean an area including the hypotenuse of the approach surface and the longer sides of the landing strip, and a slope at a horizontal plane abutting the vertical phase including the center-line of the landing strip which is placed at 7 :1 (not less than 4 :1 in the case of heliports and slope as specified by an Ordinance of the Ministry of Transportation) upwards and outwards of the approach surface or the landing strip, and a part encircled by line abutting the hypotenuse of the surface and the longer sides of the landing strip abutting the said hypotenuse and a plane abutting these planes and a plane including the horizontal sur- face, and the hypotenuse of the approach surface and the longer sides of the landing strip. 10. In this Law, "air navigational aid" shall mean any facility aiding in the navigation of aircraft by means of electric wave, light, color or sign as may be specified by an Ordinance of the Ministry of Transportation. 11. In this Law, "aeronautical light" shall mean any navigational aid assisting in the navigation of aircraft by means of light as specified by an Ordinance of the Ministry of Transportation. 12. In this Law. "air traffic control zone" (hereinafter referred to as control zone) shall mean any air space above any airdrome and its vicinity designated for public use which may be specified for the safety of air traffic on and above such airdrome by the Minister of Transportation. 13. In this Law, "airway" shall mean a path through the airsl)ace displayed on the earth's surface, designated by the Minister of Trans- portation as suitable for air navigation. 14. In this Law, "air traffic control area" (hereinafter referred to as control area) shall mean any air space on any airway, which is 200 meters or more above land or water and which may be specified for the safety of air traffic by the Minister of Transportation. 15. In this Law, "visual flight rnles conditions" shall mean weather conditions equal to or above those which may be stipulated by an Ordinance of the Ministry of Transportation, taking visibility and cloud condit.ions into consideration. 16. In this Law, "instrument flight rules conditions" shall mean weather conditions other than visual flight rules conditions. 17. In this Law, "instrument flight" shall mean a flight which is performed with sole reliance on flight instruments and without de- pending upon any visible objects outside the aircraft. 18. In this Law, "air transportation" shall mean an enterprise for the transportation of passengers or freight. for profit. by using aircraft upon the request of other persons. 19. In t.his law, "sc.hedulel air transportation" shall mean an enter- prise for transportation by aircraft. navigating on a definite route between one point and any other point, in accordance with a scIIe(Tuledl date and time. 20. Tn this Law, "non-scheduled air transportation" shall mean air transportation other than scheduled air transportation. 21. In this Law, "enterprise lising aircraft" shall mean any enter- pri'~e \vhich performs any contract for trips other than t.he transpor- ltiti(;n of passengers or freight by using aircraft, upon the request of other persolis and for profit. PAGENO="0117" AIR LAWS AND TREATIES OF THE WORLD 22. Tn this Law, "air transport agency" shall mean any enterprise which acts as an agent to contract for transportation by aircraft. 23. Tn this Law, "air transportation handling service" shall mean any enterprise which conducts, in its own name, a business acting as int.erinedia ry in transportation by aircraft. CHAPTER Il-AIRCRAFT Article 3. Registration.-The Minister of Transportation shall register an aircraft in the Aircraft. Register in accordance with the provisions of this Chapter. Arti~le 4. Acqui~ition of Nationality.-An aircraft., when regis- tered, shall acquire the nationality of the Republic of Korea. Article 5. Acquisition, Loss and Change of Ownership.-Acquisi- t.ion, loss and change of ownership of an aircraft shall take effect upon tile registration thereof. Article C. Restriction of Ownership of Aircraft.-Any person who falls under one of the following items shall not be allowed to own an aircraft, of tile nationality of the Republic of Korea. (1) Any person who is not. a. national of the Republic of Korea; (2) Any foreign state or a public entity of any foreign Country; (3) Any juridical person or organization of any foreign country; (4) Any juridical person more than one-fourt.h (1/4) of the stock of which is possessed by a person falling under any of the foregoing items: (5) Any juridical person falling under items 1 through 3 of which more than one-fourth (1/4) of the representat.ive.s or officers are such persons. Article 7. Parti~dars to Regi~ter.-Registration of au aircraft shall be made upon the application of the owner who shall state all par- ticulars referred to in tile following items in tile aircraft register and by affixing tile registration mark and then entering it. in the aircraft register: (1) Type of aircraft.; (2) Manufacturer of aircraft; (3) Serial number of aircraft; (4) Home base of aircraft; (5) Name or title and address of owner; (6) iDate of registration. Article 8. I.~sv.ance of Reqistiatoiu Certificate.-The Minister of Transportation shall, if an aircraft. is registered, issue a registration certificate to tile applicant.. Article 9. Alteration of Registration.-If the particulars stated in Article T, item 4, in regard to an aircraft. are altered, the owner of the aircraft~ shall make application for a change of registration within 15 days from the day on which such change has occurred. Art ide 10. Cancellation of Regi.stration.-The owner of au aircraft shall, in the case of t.he following items apply for cancellation of the registration within a period of not, more than 15 days thereafter. (1) In cases where an aircraft has been lost or dismantled (except dismantling for the purpose of repair, remodelling, transportat.ion or custody); 1519 PAGENO="0118" 1520 AIR LAWS AND TREATIES OF THE WORLD (2) In cases where the existence of an aircraft has been un- known for more than 2 months; (3) In cases where an aircraft is owned by a person included under one of the items of Article 6. 2. If, in the cases mentioned in the foregoing paragraph, the owner of an aircraft does not make application for cancellation of the regis- tration, the Minister of Transportation shall notify the owner to do so within a period of not less than ~ days which shall be fixed by the Minister. 3. If. in the ease of paragraph 1. item 3. the owner of an aircraft does not make application for a cancellation of the registration. the Minister of Transportation shall cancel the registration and inform I 1w ~vller thereat. Ait~'c7e 11. Copies of f qcStiat?o1~8 allel f?egstei'.-Aiiy persoli may request that the Minister of Transportation deliver a copy or trans- scriI)t. of an aircraft registration, or may request inspection of rile aircraft register. A if c7c J~. iuilJloq of Rcqi~tietio1l JIaii~.-The Minister of Transportation shall, if an aircraft is registered, immediately stain1) its registration mark on the aircraft concerned. L The owner of any aircraft mentioned in the foregoing paragraph, in order to obta ill the stamp, shall present the aircraft concerned to the Minister of Transportation 111)011 the date. designated by the latter. 3. ~o person shall destroy or damage the indication of a registration mark stamped in accordance with the provision of paragraph 1. A ,f;~7~ 13. (crf~cofe of A ~i mi ,`t/iie~.~T1me Minister of Trans- portatiomi shall. upon applicatioll. issue a certificate of airworthiness lo oily aircraft. ~. ~o aircraft shall I.e certified as airworthy under the foregoing paragraph unless it has the nationality of the Republic of Korea. [Ad(led by T~a\V ~\o. 1094. ~ov. 30. 1962.] However, this shall not apply to a~('s where permission has been obtained under tile proviso of Article I (3. 3. ~( ) airir aft shall be used for air navigatioil unless certified as alilvortIly. l1jowever. thmj~ shall mior apply in cases where the Minister FTransportat~omm hi~1s ~ its use for conducting a lest flight. 4. The effective l)el~)l of a certifIcate of airwoithiness shall l)e one yea i. lTmvever. the effect ire period far an aircraft used for air tro mr service shill be such a pemiod as is determined by the Minis- fec Of liansp )1tilt 001. [,tc/ 14. T~I1w (e,ttectioi,.-The Minister of Transportation shall, upon ap~)l oat ion, make a type certification of the design of an aircraft. 2. ~nv peisomi who has obtained a type certification shall, whemi he iitelld5 10 011 01 1 lie ([esi~1l of the aircraft of the said type, obtain an i~)p1ovol fioni tile Minister of Transportation. ~ i~;. 1r,f;~j1f;oil ~ ~/(/1?d( iil.~ to, Pc teem inafon of ;Ui- co if/i o ~ tic cc (`/~ / , c6.~Wi~ere the sun ~dard for the determination of airworthiness has been chlailge.l. and an aircraft which has pre\~- ously been certified as to type does not meet this new standard, the existing certification shall be subject to the approval of the Minister of Transportation. A if ic7e 16. Ala in tenari cc. Jloclfication, and Ins peetio'n.-Any user of au aircraft certified as airworthy, who intends to repair or remodel the PAGENO="0119" AIR LAWS AND TREATIES OF THE WORLD 1521 aircraft within such limits as may be stipulated by an Ordinance of the Ministry of Transportation (except. repair or remodelling by using spare parts as are certified for air navigation in Article 17), shall not use the aircraft. for air navigation unless it has undergone and passed an inspection by the Minister of Transportation on the intended change and its performance. Article 17. Spare Parts Certifleation..-Any user of an aircraft cer- tifleci as airworthy may obtain a spare parts certifmcation from the Minister of Transportation for the aircraft engine, propeller or such otlìer part. important. for securing safety designated by an Ordinance of the Ministry of rftti Article 18. JIainte~ance of Ei~gine. etc.-Ai~y 115cr of an aircraft certified as airworthy shall not use the. aircraft engine, propeller or such other part. important for sedurillu' safety as may be designated by an Ordinance of tile Ministry of Transportat ion in excess of the hours as may be specified by Ministry of this Transportation Ordinance. Ji't~c7e 19. R('pail or Remode7h?g of J~i'craft.-~o user of an air- craft certified as airworthy, when the aircraft has been repaired or remodeled (except for any slight repair specified by an Ordinance of the Ministry of rllraflsportiltioil shall use it for air navigation unless it. has been certified a~ consistent with the inspection standards of air- worthiness. However, the same. shall not. apply in a case where repair of an aircraft has been acconiplishied in territory outside the Republic of Korea. where. the repair is difficult, to prove or be certified, unless a technical expert. having the qualifications specified by an Ordinance of the Ministry of Transportation has certified the safety of time aircraft. Article 20. Specified Radio Appaiah's.-~o radio apparatus speci- fied by au Ordinance of the Miuiistrv of Transportation (hereinafter referred to as specified radio apparatus) which is installed in an air- craft may be used unless it lies un(IerLrone and passed an insl)ectioll by the Minister of Transportation. The seine ~hiai I apply in those cases where the term specified by an Ordinance of the. Ministry of Trans- portation has expired subsequent to ~l favorable inspection. Ji'tcle 21. Dc7ep/t;c111 to Oivle,'.-Pari iculers to be entered into the aircraft register: revalidation or correction o~ registration, or any other matters concerning registration, certificate of a irciaft. registra- tion, stampiii~ of registration maths. standards of piocedure for insuection for a irwortlijness cell ificatioii, hiatt ers coneeiuiin~ tIme fo~t~, issuance, ucissliance and return of a i 1\voltlliness certi1~care and type certificate, and matters concerning aiiv other kind c)t certificate, inspection referred to in Article 11;. spare PiurtS certification and in- spection referred to in the foregoing article, shall be providel for by an Ordinance of the Ministry of Transportation. CHAPTER Ill-AIRMAN Artic7e 22. Certificate of Conlpetence a.'iud Aircraft Crew Lieeums'.- The Minister of Transportation shall grant. a certificate of competence as an airman to any person who intends to perform air services. 2. The Minister of Transportation shall grant an aircraft. crew license to any person who intends to perform air services on board an aircraft, in addition to the certificate of competence. PAGENO="0120" 1522 AIR LAWS AND TREATIES OF THE WORLD 3. Any person who is included under one of the following items shall not be. permitted to obtain a certificate of competence or aircraft crew license: (1) A person adjudged bankrupt, incompetent or quasi-incom- petent who has not. yet been rehabilitated; (2) A person who has been sentenced to a penalty of not less than imprisonment for violating this Law and that 2 years have not elapsed since the ermination of the execution of the sentence or after the final adjudication of that execution of the sentence be exempt; (3) A person whose certificate of competence or aircraft crew license has been cancelled in accordance with the provisions of Article 27, and a period of 2 years has not elapsed since the can- cellation; (4) A person who has committed a fraudulent act concerning the examination referred to in Article 26, paragraph 2 and a period of 2 years has not elapsed since the fradulent a.ct was dis- covered. Article 23. Quciification.s.-A certificate of competence shall be granted in accordance with the following classifications: (1) Airline transport pilot; (2) Senior commercial pilot; (3) Commercial pilot; (4) Private pilot; (5) First class flight navigator; (6) Second class flight navigator; (7) Flight engineer; (8) First class flight radio operator; (9) Second class flight radio operator; (10) Third class flight radio operator; (11) Air traffic controller; (12) First class aircraft mechanic: (13) Second class aircraft. mechanic; (14) Third class aircraft mechanic; (15) Aircraft shop mechanic: Article 24. Restrictions of Certificate of Competence.-The Min- ister of Transportation may put restrictions, by category, class or type of aircraft on the certificate of competence for airmen, provided for under items 1 through 4. 7 and 12 through 14 of the preceding Article, in accordance wit.h the provisions of an Ordinance of the Ministry of Transportation. 2. Dependent upon the type of services engaged in (such as for air- fram'~. engine, propeller. apparatus and electrical system), the Min- ister of Transportation may put restrictions on the certificate of com- petence for qualification as an airman as provided for in item 15 of the preceding Article, in accordance with the provisions of an Ordi- name of the Ministry of Transportatioli. Article 25. Scope of Du.tie~.-Any person who has not obtained a certificate. of competence (or. for a person who performs air services on bo~ird an aircraft, a certificate. of competence as well as an aircraft crew license as described in the `~qualifications" column of the attached table) shall not perform air services. Details of qualifications and the scope of duties are prescribed in the attached table. PAGENO="0121" AIR LAWS AND TREATIES OF THE WORLD 1523 2. Any person who is restricted by the provisions set out in the preceding Article referring to a certificate of competence may per- form any act described in the "Scope of Duties" column of the at- tached table except as restricted by category, class or type of aircraft or kind of services. 3. The provisions of the preceding two paragraphs shall not apply to any person who engages in piloting au aircraft (including opera- tion of the craft and its engine) specified by an Ordinance of the Ministry of Transportation, or to any person who engages in the operation, on board, of aircraft of a new cate~orv, class or type for test flight, etc. authorized by the Minister of rrtt Article 26. Exanthuation Proceduie.-The Minister of Transporta- tion, to grant a certificate of competence, shall hold examinations to determine whether an applicant has the required knowledge and skill to perform air services as an airman. 2. Any examination shall be both theoretical and practical. 3. No person may take a practical examination unless he has passed a theoretical examination. 4. The Minister of Transportation, in granting a. certificate of com- petence to any person who has a qualification certificate for air service issued by a foreign government, may omit the whole or a part of the examination as stipulated by an Ordinance of the Ministry of Trans- portation. Article 27. Cancellation. etc. of Certificate of Competence or Air- craft Crew License.-In cases where an airman comes under any one of the following, the Minister of Transportation may cancel his cer- tificate of competence or aircraft crew license or order the suspension of his air service for a period of less than one ear: (1) When he has violated this Law- or an administrative dis- posit.ion under this Law; (2) WThen he has been sentenced to a punishment more severe than a fine for the violation of this Law: (3) When he has committed an unlawful act or has been grossly negligent in performing his duties as an airman. Article 28. Aircraft Crew Licen.se.-An aircraft crew- license. shall be granted as provided for a classification specified in Article 23. However, the same shall not apply to the classifications referred to in items 11 through 15 of Article 23. 2. An aircraft crew certificate shall be valid for six months with respect to the classification of an airline transport pilot. afl(l senior commercial pilot, and shall be valid for one year with respect to any other classification. Article 29. Instrument Flight aiud Pilot Training Certifications.- No pilot shall make an instrument flight by aircraft other than as spe- cified by Ordinance of t.he Ministry of Transportation. unless he. has obtained a certificate for inst.rument flight from the Minister of Transportation. 2. Unless he has obtained a certificate for pilot training from the Minister of Transportation, no person shall give instruction to others in aircraft piloting in reference to the competence specified in items 1 through 4 of Article 23. PAGENO="0122" 1524 AIR LAWS AND TREATIES OF THE WORLD 3. ~-~tandar(ls necessary for the training referred to in the preceding paragraph shall be determined by an Ordinance of the Ministry of Transportation. 4. The provisions of Articles 26 and 27 shall apply to the instrument flight or pilot training certificates referred to in paragraphs 1 and 2. A,~fe7e 30. cfiu7eat Pilot Ti'a~'iu'nq.-Notwithstanding the provi- sions of Article. 25, any person who has obtained authorization of the Minister of Transportation may engage in piloting an aircraft. as a student pilot without obtaining a certificate of competence and air- craft crew license. 2. The provisions of Article 27 shall apply mutatis mutandis 1 to the person who has obtained authorization referred to in the preceding ~)aInrraph. A,/icle 31. 1)e7eqi'f;on to Ordci'.-Matters relating to the form, issu- ance, reissuanee and return of a certificate of competence, airman license imcl permit for flight instruction and other matters concerning a certificate of competence, aircraft crew license, instrument flight cer- tifi~ation. pilot training certificate. and subjects of examination, pro- cedures for undergoing examination and other matters concerning ex- alilination under Article 2(3. paragraph 1. shall be stipulated by an Ordinance of the Ministry of Transportation. (irApTrn IV-\TIiW\YS. AIRDROME AND AIR NAVIGATION AIDS .1 it;'ile 3~. I)e. i't~oii of Aiewfi .9.-The Minister of Transpor- I Itlnn shall designate as airways, air lanes suitable for the navigation of aircraft and shall make public announcement thereof. ~I ~f;c/~ 33. Ims'tol7iif ion of Aii'di'ome Gnd Air 2Vaviqation. Aid$.- The Minister of Transportation shall install airdromes or air naviga- tion mIs. 2. Any person who desires to install an airdrome or air navigation aid shall obtaui authorization from the Minister of Transportation. 3. Matters concerning the installation of air navigation aids shall he provided for by a State Council Decree.. ~1 ,fc7e 3~. pidil;( ~tJl12o?mc~emeqlt of Airdrome for Public URe.- The Minister of Transportation, when he has granted authorization for the installation of an airdrome for public use or has designated an airdrome for public use, shall publicly announce the location, size, landing strips, approach area, approach surface, transitional surface, horizontal surface and scheduled commencement date of use, and post a notice thereof at the site. ji't;(-7e 35. Jnspeet~'on upon (~ornp7etion of Airdron~e. etc.-The operator of any airdrome or any person who has obtained authority to provide any air navigation aid shall, when the work on the facility has been completed. submit without delay to an inspection hy the Minister of Transportation. t i'tclc .36. 1 7teri~'ton of A ii'dhom or A ~ Z~ eiqcf ion A id.-The operator of any airdrome or the operator of any air navigation aid shall obtain authority as stipulated by an Ordinance of the~ Ministry of Transportation for the purpose of making alterations to t.he facility in numerous insta noes this term "with the necessary changes" appears In this law an~ In the Japanese air law (vol. lu. The term is omitted hereafter since it does not materially affect the sense of the respective provisions. PAGENO="0123" AIR LAWS AND TREATIES OF THE WORLD 1525 which are especially important for maintaining air safety require- ments. ~. The provisions of Article 34 and the prece(lIllg Article shall apply in tile CaSe of the preceding paragraph. However, the provision of Article 34 shall apply only \v1lelI aiiv alteration in the size, approach surface, horizontal surface or transitional surface of an airdrome is made. Aitiele 37. S?1.spe1i~sion 01' Di.seontinuat;on of Use of an Airdrome or 4;i' Navigation Aid.-The operator of any airdrome, in order to sus- pend or discontinue the use of an airdrome, shall obtain authorization to do so from tile Minister of Transportation. ~. The operator of any airdrome, the use of which has been sus- pendeci in accordance with tile provisions of the preceding paragraph, shall submit to an inspection by the Minister of iransportation when use of tile airdrome is to be resumed. ;;. The operator of any air navigation aid, in order to suspend or discontinue the use of an air navigation aid, shall report to the Minis- ter of Transportation no later than 7 days prior thereto. 4. The provision of paragraph 2 shall apply iii cases where the use of the air navigatioiial aid which has l)een suspended is recommen(iecl. Artic7e38. Administration of A~idi'oine or Au' I~arft/at~on Aid.- The operator of any airdrome or the operator of any air navigation aid shall administer the facility in accordance with time technical standards stipulate(l by an Or(hinance of tile Ministry of Transpor- tat mon. ~. The Minister of Transportation shi all conduct periodic inspections of ~i facility in accordance with the provisions of a Decree of the State Council in order to insure, that it is beiiig aclministeied in accordance with the standards of the prececTing paragraph. Aitiele 3.9. Cance77af ion of Aathoi'iration.-Tlie Minister of Trans- l)olt ation may cancel an authorizat ion for the operation of an airdrome or an air navigation aid in the following cases. However, with regard to items 2 to 4 inclusive, the Minister of Transportation may cancel the authorization, for operation only when he has ordered tile m)erator of an airdrome or an air navigation aid to take necessary steps within a reasonal)le time to alter the facility to meet with the te~hnic.al standards immier paragraph I of the preceding Article and such order has not been ol)eyed within the specified perio(l. (1) When the work is not completed by the scheduled date of completion described in the application without reasonable causes; (2) When said facility is deemed, after an inspection under Article 35 (including its application under Article 36), to be in- consistent with the plan for operation or alteration as described in the application: (3) When, after an inspection under Article 37, paragraph 4, said facility is deemed to be inconsistent wit Ii time plan described ifl time application: (4) When the administration of the airdrome or air navigation aid is deemed to be inconsistent with the tecimical standards under paragraph 1 of the preceding Article; (5) When the location, structure, etc. of an airdrome or air navigation aid fails to comply with the facts stated in the appli- cation; PAGENO="0124" 1526 AIR LAWS AND TREATIES OF THE WORLD (6) When the operator has violated the conditions attached to the authorization. Art~c7e 40. Resti'iction on the In-stailation of Obstruet~on-s.-No person shall install, plant. or leave any structure (excluding the parts relevant to construction work in progress at. t.he time of public notice), plant or other obstacles which project above the approach surface, horizontal or transitional surface (as to the part to which the pro- jected area of said surface corresponds, the lowest surface is to be con- sidered') as shown by the notification, after notification under Article 34 (including where Article. 36, paragraph 2 applies) of any airdrome for public use has been made. However, the same shall not apply to such provisional construction or any other obstacles as designated by an Ordinance of the Ministry of Transportation (excluding those approximating the approach surface or transitional surface) which have been installed. abandoned or those obstacles to be removed before the scheduled (late of the use of aircraft, with the consent of the operator of the airdrome. 2. The, operator of an airdrome may request the owner of. and other persons having authority over, a.ny object. installed, planted or left. in violation of the preceding paragraph (including plants which have grown up to project above the approach surface, horizontal or iansitional surface), to remove the ol.stacles. 3. The operator of an airdrome may request the owner of, and per- sons having authority over, obstacles existent. at the time of notification under paragraph 1, whic.h project. above the approach surface, hori- zontal or transitional surface (including plants extant. at. the time of notification which after growth project above the aforementioned sur- faces. Also buildings under construction which later project above the surfaces), to eliminate suc.h portion of the objec.t as projects. How- ever, the operator shall pay compensation for damages as may nor- mally he caused by the removal of the object, in accordance with a St.ate Council Decree. 4. The owner of any obstacle, or any land on which such obstacle referred to in the preceding paragraph exists, may request the oper- ator of an airdrome to purchase the object or land, when, by the re- moval of said obstacle, it becomes extremely difficult to make use of or take profit from, the obstacle, or land. When it. is impossible to remove the obstacle in accordance with the preceding three paragraphs because of the failure of the parties concerned to reach an agreement, the Minister of Transportation, if he deems it necessary, may order the operator of an airdrome to remove the said obstacle. 6. Under the preceding paragraph, the Minister of Transportation or the operator of an airdrome shall pay compensation for the loss or damage arising from the removal of an obstable to the owner or oc- cupa.nt. The amount of compensation for loss or damage shall be determined by the Minister of Transportation with the c.onsent of the Aviation Council. Article 41. In,sf'77atioi~ of Jero'nii'uticci Ob.~,'~etion L~qkt.-The operator of an airdrome. shall install, in accordance. with the provisions of an Ordinance of the Ministry of Transportation, aeronautical ob- struction lights on objects designated by the said Ordinance (excluding PAGENO="0125" AIR LAWS AND TREATIES OF THE WORLD 1527 those objects on which aeronautical obstruction lights are to be in- stalled pursuant to the provision of paragraph 4) which lie within the area corresponding to the projected area of the approach, horizontal or transitional surfaces. 2. In accordance with the provisions of State Council Decree, the Minister of Transportation shall install aeronautical obstruction lights on structures other than those specified in the preceding paragraph and paragraph 4, which clearly impede the safety in navigation of aircraft. 3. The owner of, or person occupying any structure under the pre- ceding two paragraphs may not reject the installation of aeronautical obstruction lights by the operator of an airdrome or the Minister of Transportation. In this case, if any loss or damage is inflicted on the owner or the person occupying any structure, compensation shall be made for such loss or damage in accordance with the provisions of an Ordinance of the Ministry of rrralisportatiofl 4. Any person who erects any object more than 60 meters high above the surface of land or water shall install aeronautical obstruction lights or daytime obstruction marks in accordance with the l)I0~~isiOflS of an Ordinance of the Ministry of Transportation. However, the same shall not apply in cases where authorization of the Minister of Trans- port a tion has been granted. 5. The installer of aeronautical obstruction lights and daytime ob- struction marks shall maintain the lights and marks concerned in accordance with the provisions of an Ordinance of the Ministry of Transportation. Aiticle 42. Rest r~ictioo of Shmi7cu~ L~~q/mf.-No person shall install aiiv light which may impede the clear view of an aeronautical light or that may be~ mistaken for an aeronautical light (hereina fter referred to as "similar light"). ~. The Minister of Transportation may order the operator to shelter any similar light. or to take other measures in order to permit a clear view of an aeronautical obstruction light, and to prevent its being mis- taken for an aeronautical obstruction light. :~* When, imder the preceding paragraph. any similar light exists at the time of installation of an aeronautical light, the cost inCurre(l by the measures referred to in the same paragraph shall be borne by the operator of the aeronautical light. Article 43. Prohibit iiiq Aet.-Xo person shall commit an act whTc.h may damage a runway, docking rail or any other important facilit1eS of the airdrome or an air navigation aid or any other act which may impair their function as specified by an Ordinance of the Mimstry of Transportation. 2. No person shall throw objects at an aircraft on the airdrome or shall commit~ such other act as to endanger air navigation. 3. No person shall enter a landing strij, docking rafl, apron or hang- ar without authorization. Article 44. Fees foi' Use.-The operator of any airdrome or air navigation aid, in order to fix a fee for public use, shall obtain aim- thorization from the Minister of Transportation. The same shall apply in cases where the~ rate is to he changed. Ai'tcie 4S. Succession to ~he Stah,.s of Operator of an Airdrome, etc.-TJnder t.his law, any person who shall undertake the operation PAGENO="0126" 1528 AIR LAWS AND TREATIES OF THE WORLD of au airdrome or air navigation aid shall obtain authorization from the Minister of `iransportation. However, the same shall not apply where tile operator of an airdrome or air navigation aid is deceased and the heir succeeds to the status of the deceased. ~. Uider the proviso of tIle ~i' edumig paragr~l~)l1, a report to that effect shall be uuiade i o tile Minister of Iraiisportat ion. J~itic7e 46. In.sta77atioii. 01' Adnuniistration of an Airdrome, etc. by f/ic jf,in~tc, */ iiui~spoitarwn.-1he provisio1~s of Articles 34, 40 and 41, paragraph 1 shall apply where the. Ministe.r of Transporta- tion installs any airdrome or air navigation aid or makes alterations of the facilities thereof. 2. The provisions of Article 38. paragraph 1, Article 41, paragraph 5 (with respect to aeronautical obstruction light mentioned in tile same article, paragraph 1) and Article 44 shall apply where the Mill- ister of Transportation administrates an airdrome or air navigation aid. Ji't;c7e 47. Delegation to Aircii'ome Orcler.-Except for tile provi- sions of this Chapter. any matters necessary for the designation of an airway, installation of an airdrome or air navigation aid, or the examination of an application for modification and airdrome inst.al- lation work shall be determined by a State Council Decree. ChAPTER V-OPEJiATIOX OF AIRCRAFF Article 48. Di.splay of Xatiooal/ty Mark. etc.--No aircraft shall be used for air navigation unless the nationality mark, registration mark and the owner's uiaine or title are displayed on the aircraft in accord- ance with the provisions of an Ordinance of the Ministry of Transpor- tation. However, the same shall not apply where permitted by the proviso of Article 13. pai'agraph 3. Art;ele 4~9. Goinpubioiy Radw Equipment.-No aircraft. shall be llse(l for air navigation in the following cases unless equipped with radio apparatus as specified by an Ordinance of the Ministry of Transportation: (1) When it is used for air transportation; (2) When it. is making a flight, under instrument flight, rule conditions in a traffic. control area or zone; 3) `\Vhen it is making a. flight. over areas designated and made publicly known by the Minister of Transportation. Ai't;cle .50. Aircraft Logbook and Safety Equiprnent.-A11 aircraft shall carry a flight logbook of such form as may be specified by an Ordinance of the Ministry of Transportation and when the. aircraft has been used for air navigation, or repaired or remodelled, such items as may be specifle(l by an Ordinance of the Ministry of Transporta- tion shall be. entered without. delay into the aircraft. logbook. How- ever, tile same shall not apply where permitted by the proviso of Article 13. paragraph 3. ~. No aircraft. shahl be used for air navigation unless equipped with I)1!':l'ihlltes. life jackets, emergency signal lights and other emergency equipment as s1)ecihed by an Ordinance of the Ministry of Transpor- to tion. 3. No aircraft (excluding aircraft specified by an Ordinance of tile ~\[imiistry of Transportation) shall be used for air navigation unless it PAGENO="0127" AIR LAWS AND TREATIES OF THE WORLD 1529 carries the following documents. however, tue same shall not. apply in cases where permitted by the Ministry of Tiransportat ion in accord- aiice with the proviso of Article 13, paragraph 3. (1) A registration certificate; (2) A certificate of airworthiness; (3) A flight, logbook; (4) Any other document specified by all Ordinance of tile Mill- istry of ]Iransport.ation. Article 51. Equipment in Case of Special Flig/its.-Any aircraft which engages in high altitude flights, instrument, flights or other special flights shall be equipped with de-ic.ing eqiupnient, outside thermometer, oxygen apparatus, navigation inst rumeiits and other spe- cial equipment. necessary for safety in air navigation. 2. Tile types of aircraft to be equipped with the apparatus and de- vices referred ~O ill the foregoing paragraph and any other pertinent matters shall be determined by an Ordinance of the Ministry of Traiis- portation. Article .52. A ircraft Fuel.-No aircra ft used for air transportation shall take off or fly under instrument, flight rule conditions, or expect to make a flight under instrument. flight rule conditions unless it carries such quantity of fuel as specified by an Ordinance of tile Ministry of Transportation. Article 53. Aircraft Lig/its.-When navigating at night (between sunset and sunrise), landing on water or stopping at. any airdrome used for night flight operations, all aircraft shall be marked with lights in accordance with the provisions of an Ordinance of tile Minis- try of Transportation. Article 54. 1?ecent Flight Experie~ice.-No aircraft crew member shall engage in the operation of an aircraft which is used for air trans- portation, make an instrument or night flight, or conduct pilot train- ing under Article 2.9, paragraph 2, unless he has the specified flight ex- perience withill a specified period as stipulated by an Ordinance of the Ministry of Transportation. Article .55. Intoxicating Liquor. etc.-No aircraft. crew member shall perform his air service while there is danger of his being unable to perform normal operation of tile aircraft due to the influence of an intoxicant, narcotic or other c.hefllic al s. 2. No aircraft crew member shall drink, take or use beverages or chemicals, etc. referred to in the preceding paragraph during a period of air service duties. Article 56. Physical Deflciencies.-No aircraft. crew member who does not meet the. health sttui(lar(ls at the time. of his physical examina.- tion for his license, shall perform air service, even if within the dura- tion of the a.ircraft license under Article 28, paragTaph 2. Article 57. Pilot-in-Uommand.-A pdot-m-command of an aircraft used for scheduled air transportation shall have piloting experiellce over the pertinent, routes and shall have, knowledge of those routes concerned. 2. The pilot-in-command shall direct and supervise the crew of an aircraft. 3. Wiieii there is an einet'geii `v. or wI eIi he (leelns t I iere ii iav 1 ~e dancer to tile a ircr'ii ft or to a j)assenger. lie ~)ilot -~n-coiiin~and nui~v PAGENO="0128" 1530 AIR LAWS AND TREATIES OF THE WORLD order the passengers in the aircraft to take measures to leave the air- craft or take such other measures as necessary for purposes of safety. Where an aircraft is in immediate danger while navigating, the pilot-in-command shall use every means necessary for rescuing passen- gers and preventing injury to persons or property on land or water, and shall not leave command of the aircraft unless the passengers and other persons on board the aircraft. have left it by his direction. 5. When any of the following accidents occur? the pilot-in-command shall report. to the Minister of Transportation in accordance with the provision of an Ordinance of the Ministry of Transportation. How- ever. when the pilot-in-command is unable to report., the operator of the aircraft shall re.port.: (1) A crash or collision, or fire in an aircraft, or other aircraft accident (2) The injury or death of any person, or damage to, or de~ struct ion of any object.~ caused by the aircraft; (3) The death or loss of any person on board the aircraft. 6. Wrhen lie has learned that any accident mentioned in item (1) of the preceding paragraph has occurred to any ot.her aircraft., the pilot- in-command shall report t.o the Minister of Transportation in accord- ance with the provisions of an Ordinance of the Ministry of Trans- 1)orta.tion. However, the same shall not apply where such information has l~een receiv('d by wirel'ss telegrani or telephone. A rticie 58. Aircraft DiBpatchers.-Any operator of scheduled air transportation shall appoint an aircraft dispatcher. 2. Unless the pilot-in-command of the aircraft. used for scheduled air transportation has obtained clearance from an aircraft dispatcher, he shall not take off, on or alter a flight plan. 3. Any aircraft dispatcher shall pass a coinpe.tence t.est as aircraft dispatc.her given by the Minister of Transportation. 4. The provisions of Article 22, paragraph 3, and Articles 26 and 27 shall apply to the aircraft dispatcher. Article 59. Place for Landing and Take-off.-No aircraft (except aircraft specified by an Ordinance of the Ministry of Transportation) shall take off or land at places ot.her than airdromes, or on water other than at places specified by an Ordinance of the Ministry of Transporta- tion. However, the same shall not apply in cases where there are any unavoidable reasons or where authorized by the Minister of Trans- portation. Article 60. Prohibited Area.-No aircraft shall make a flight over an area in which there may be danger to the flight of an aircraft. How- ever, t.he same shall not apply in cases where permitted by the Ministry of Transportation. 2. The prohibited area shall be determined by an Ordinance of the Ministry of Transportation. Article 61. Minimum Safe Altitvde.-Except when it takes off or lands, taking into consideration the safety of persons or property on land or water and the safety of the aircraft, no aircraft shall make a flight at an altitude less tha.n that stipulated by an Ordinance of the Ministry of Transportation. However, the same shall not apply in cases where aut.horized by the Minister of Transportation. Article 62. Cru.i.~i Altitude.-Wlwn flying at an altltud6 ~ VQQ meters or more above the land or water under visual flight rule con- PAGENO="0129" AIR LAWS AND TREATIES OF THE WORLD 1531 clitions, or at an altitude of 300 meters or more under instrument flight rule conditions, any aircraft shall cruise at an altitude specified by an Ordinance of the Ministry of Transportation. Article ó~3. Pre?e1~tion of (]ol7is;oii.s.-An aircraft, shall navigate in accordance with the methods stiJ)ulatecl by an Ordinance of the Minis- try of Transportation with regard to course and speed for the purpose of preventing collisions with other aircraft. Article 64. Formation Fliglit.-No aircraft used for air transporta- tion shall make a formation flight unless authorized by the Ministry of Transportation. 2. When making a formation flight, the pt1ot-in-c.omn~and of an air- craft shall make arrangements, prior to siieh a flight, as to the pilot-in- command of aircraft formation. the. metho(l of signs between aircraft and such other matters as specified by au Ordinance of the Ministry of Transportation. Article C;. Pro/iihition of Rec!~less Operaton.-Xo aircraft shall make a flight, "buzz" or dive at low altitude without any operational necessity, or shall be piloted in a manner annoying to other persons. Article 66. Prohibition of Carr~ii'ng of Explosives, etc.-Explosives or other articles of an easily combustible nature. or articles which are liable to injure persons or damage property as specified by an Ordi- nance of the Ministry of Transportation shall not be carried by an aircraft.. 2. In order to confirm whether there are any articles falling under the preceding paragraph, any operator of air transportation shall have the designated personnel inspect such articles prior to acceptance for transportation. 3. No person shall put into an aircraft, fire-arms or any articles described in the preceding paragraph. However, the. same shall not apply where the performance of specific duties require such articles in accordance with the provisions of an Ordinance of the Ministry of Transportation. 4. A person who desires to carry fire-arms pursuant to the proviso of the foregoing paragraph shall ask the pilot-in-command to keep it for him before going aboard a.nd shall have it returne.d at his destination. 5. A police officer dispatched to an airdrome may, in order to con- firm whether a. passenger is aboard an aircraft with articles referred to in the foregoing paragraph, search or inspect the passenger's body or belongings. Article G~. Pilotless Areraft.-Any aircraft having apparatus which enables it to fly without being manned by a pilot, may, only when permitted by the Minister of Transportation, make a flight without being manne.d by an air crew. 2. In granting authorization under the preceding paragraph, the Minister of Transportation may put restrictions on the methods of flight with regard to the aircraft when he. deems it necessary for pre- venting danger to other aircraft.. Article 68. To~'wi'ng of Objeets.-Towing of objects by aircraft shall be conducted in accordance with t.he safety standards stipulated by an Ordinance of the Ministry of Transportation. Article 69. Jettisoning of Objects.-Xo person shall jettison from an aircraft airy object which may cause injury or damage to persons or property on land or water. ~-V(Jl. II-9 PAGENO="0130" 1532 AIR LAWS AND TREATIES OF THE WORLD 2. Any person who desires to jettison any object from an aircraft shall obtain the permission of the Minister of Transportation. A rticie 70. Parachute Jumping.-No persons other than those who have obtained authorization from the Minister of Transportation shall make a parachute descent from an aircraft. Article 71. Acrobatic Fiight.-No aircraft shall perform loops, rolls and other acrobatic flights except in an air area other than the follow- ing air areas. However, the same shall not apply where the authoriza- tion of the Minister has been granted. (1) Within a congested area of houses or persons; (2) Within an airway; (3) Within a control zone; (4) In an air space lower than the altitude designated by an Ordi- nance of the Ministry of Transportation. 2. No aircraft shall perform loops, rolls and other acrobatic flights lower than a flight, visibility of 5 kilometers. Article 72. Student Pilot Training, etc.-Any person who has ob- tained authorization under Article 30, paragraph 1, in order to receive flight training, shall receive it under the supervision of a person certified as an instructor under Article 29, paragraph 2. 2. No training for aircraft. piloting under the preceding Article, a.nd no flight for the purpose of testing airc.raft., shall be conducted in a control area or control zone. However, the same shall not apply in cases where authorized by the Minister of Transportation. Artic7e 73. Flight under T71s'ual Flight Rule Uondition~.-No air- craft shall make an instrument flight under visual flight, rule condi- tions. Article 74. Flight under Instrument Fz;ght Rules Con.ditions.-No aircraft shall make a flight, under instrument flight rule c.onditions unless piloted by a person who ha.s obtained a certificate of competence as an airline transport pilot., senior commercial pilot or private pilot. However, the same shall not apply in cases where authorized by the Minister of Transportation. Article 7.5. Air Traffic Instruct'ions.-Any aircraft shall navigate in a control area or control zone in compliance with the instructions for the order, time of take-off or landing, or method of flight, as di- rected by the Minister of Transportation. Art ide 76. F7;gkt Plan. and Approval T/~ereof.-Any aircraft shall, prior to take-off from an airdrome within a control zone, or prior to entering a control area or control zone under instrument flight rule conditions, file a flight plan with the Minister of Transport.ation and obtain approval thereof in accordance with the provisions of an Ordi- nance of the Ministry of Transportation. The same shall apply in cases where there is an intention to alter the approved flight plan. 2. Any aircraft which makes a flight except under the preceding paragraph, shall file its flight plan with the Minister of Transporta- tion as may be stipulated by an Ordinance of the Ministry of Trans- portat.ion. 3. Any aircraft which has obtained an approval of its flight plan or has given notification of its flight plan in accordance with the pro- visions of paragraph 1 of this Article shall be navigated in accordance with the flight plan. However, when the radio equipment is out of PAGENO="0131" AIR LAWS AND TREATIES OF THE WORLD 1533 order, it shall navigate in accordance with the methods stipulated by an Ordinance of the Ministry of Transportation. 4. Any aircraft which has obtained an approval of its flight plan in accordance with the provisions of paragraph 1, or has given notifi- cation of its flight plan in accordance with the provision of paragraph 2, shall, while it is navigating in a control area or control zone, re- ceive instructions on air traffic which are issued by the Minister of Transportation and report to him the location of the aircraft, flight conditions and other matters in accordance with the methods as may be stipulated by an Ordinance of the Ministry of Transportation. Article 77. Notificatio% of Arrival.-The pilot-in-command of an aircraft, who has obtained an approval of his flight plan in accordance with the preceding Article, or who has given notification of the flight plan, shall, when the aircraft has competed the flight described in the flight plan, report without delay to the Ministry of Transportation to that effect. Article 78. Fui'ni~hing Info'rmation.-The Minister of Transpor- tation shall provide aircraft crew members with information neces- sary for the operation of the aircraft.. Article 79. Delegation to Order.-An aircraft shall be manned by pilots and such other airmen as are necessary for safety in navigat.ion and operation of the aircraft. 2. Any airman, during air service, shall carry a certificate of corn petence, and any aircraft crew member shall, when performing air service, carry an airman's license in addition to a certificate of com- petence. 3. Any person who engages in air transportation shall fix the stand- ards of working hours for aircraft crew members and obtain the ap- proval of the Minister of Transportation. 4. Matters necessary for implementing the preceding three para- graphs and testing the competence of aircraft dispatchers shall be determined by an Ordinance of the Ministry of Transportation. ChAPTER VI-AIR TRANSPORTATION, ETC. Article 80. License.-Any person to engage in scheduled air trans- portation shall obtain a license for each route from the Ministry of Transportation. Article 81. Licen.si'ng Standards.-In cases where there has been an application under the preceding Article, the Minister of Trans- portation shall examine the application to determine if it conforms to each of the following: (1) The granting of the license shall meet the needs of the public; (2) The granting of the license shall not make the supply in excess of the demand for air transportation on the route; (3) The operations shall be suitable from the viewpoint of air safety; (4) The applicant shall be able to perform the operations properly; (5) The applicant shall not come under any of the following: 1) Any person who comes under an item of Article 6, para- graph 1; PAGENO="0132" 1534 AIR LAWS AXD TREATIES OF THE WORLD 2) Any person whose license for scheduled air transpor- tation or aircraft-using enterprise was cancelled, and less than two years have passed since the date of such cancellation; 3) Any person who has been sentenced to a penalty more severe than imprisonment for violation of any provision of this Law, and less than two years have passed after he com- pleted the sentence or it has been cancelled; 4) Any person adjudged bankrupt., incompetent or quasi- incompetent who has not yet been rehabilitated; 5) Any juridical person whose officer or officers come under any of the ~ of sub-items 2) through 4). Ai'ticle 82. Obligation to Commence Operations and Inspection.- Any scheduled air transportation operator shall begin operations on the day stated in the application for the license. However, the same shall not apply in cases where the date is postponed with the approval of the Minister of Transportation because of a natural calamity or other unavoidable causes. 2. No person who has obtained a license under Article 80 shall begin operations unless the aircraft, and the other facilities used for the licensed enterprise, have undergone and passed an inspection by the Minister of Transportation. Article 83. Approcal of Operation and Maintenance Manuals.-Any scheduled air transport operator shall issue an aircraft operation and maintenance manual as stipulated by an Ordinance of the Ministry of Transportation and obtain the approval of the Minister of Trans- portation. The same shall apply in case of any change therein. Article 84. Approval of Fares, Rates and Charges.-Any scheduled air transport operator shall fix fares, rates and charges for passengers and freight (except mails) and obtain the approval of the Minister of Transportation. The same shall apply to any change therein. Art;ele 85. Appro cal of Conditions of Transportation.-Any sched- ified air transportation operator shall fix the conditions of transporta- tion and obtain the approval of the Minister of Transportation. The same shall apply to the case of any change thereof. Article 86. Notice of Fares, Rates and Charges, etc.-Any scheduled air transportation operator shall post a notice of the fares, rates and charges and the conditions of transportation so that it will be visible to the public on the business premises and at other working places. Artkle 87. Bu~siness Pro gram.-In performing its business, any scheduled air transportation operator shall comply with its schedule except in the case of a natural calamity or other unavoidable causes. 2. In order t.o establish or change the schedule referred to in the preceding paragraph, any scheduled air transportation operator shall obtain an approval from the Minister of Transportation. 3. The provision of Article 81 (excluding those related to item 5) shall apply to the approval referred to in the preceding paragraph. Article 88. Agreement Concerning Transportation .-The approval of the Ministry of Transportation shall be obtained when any sched- uled air transportation operator desires to enter into an agreement concerning through-traffic, fares or other transportation matters with other transportation enterprises. The same shall apply wli~re any ~m~ii~e therein i~ contemplated. PAGENO="0133" AIR LAWS AND TREATIES OF TRE WORLD 1535 Article 89. Order for Improvement of Bvsiness.-WThen he deems that there is any instance in which the business of a scheduled air transportation operator may adversely affect the public welfare, the Minister of Transportation may order the enterprise to perform any of the acts referred to in the following items: (1) Change of business items; (2) Change of fares, charges or conditions of transportation; (3) Improvement of aircraft and other facilities; (4) Conclusion of an insurance contract to cover compensa- tion for damages due to aircraft accidents. Article 90. Utilization of Title, Loan of Business. etc.-Xo sched- uled air transportation operator shall allow another person to utilize his license for scheduled air transportation. 2. No scheduled aIr transportation operator shall allow another person to operate his business in his name whether by loan of the business or by other means. Article 91. Transfer and Taking Over of Bus iness.-Tn cases where any scheduled air transportation operator transfers the air t.ranspor- tat.ion enterprise, he shall obtain an approval from the Minister of Transportation. 2. If, in the case of the foregoing paragraph, the transferee. does not conform to the standards referred to in Article 81, the. Minister of Transportation shall not approve such transfe.r. Article 92. Amalgamation of Business.-If any scheduled air trans- portation operator desires to operate by amalgamation with another scheduled air transportation service enterpriser or business enter- priser, he shall obtain the approval of the Minister of Transportation. 2. The provisions of Article 81 shall apply to the approval referred to in the foregoing paragraph. Article 93. In/ienitance.-In the case of the death of a scheduled air transportation operator, the heir shall succeed to the status of the deceased in accordance with the order of succession referred in Article 1,000 of the Civil Code. 2. When there are two or more heirs, the person to succeed to the status of the scheduled air transportation operator shall be determined by agreement. 3. In the cases of the foregoing two paragraphs, the person who has succeeded to the status of the scheduled air transportation opera- tor shall file a report thereof with the Minister of Transportation within sixty days from the day on which such change has occurred. Article 94. Su~spen.sion of Business.-Any scheduled air transporta- tion operator shall, when he intends to suspend his busiiiess, obtain authorization to do so from the Minister of Transportation. 2. Authorization for the suspension of business under the preceding paragraph shall not be given for a period of more than six months. Article 95. Cessation of Bnsiness.__WThen he has ceased to operate his business, any scheduled air transportation operator shall report without delay to that. effect to the Minister of Transportation. Article 96. Discontinuation of Business and Cancellation of Li- cense.-When any air transport operator comes under any one of the following, ti'e Minister of Transportation may order the suspen- PAGENO="0134" 1536 AIR LAWS AND TREATIES OF THE WORLD sion of the business for a period of less than six months or may cancel the license: (1) When an operator has violated this Law or any condition attached to any disposition, license, authorization or approval under this Law; (2) When an operator, without just reasons, fails to perform any action approved in accordance with the provisions of this Chapter; (3) When an operator has failed to report a violation of the provision of Article 93, paragraph 3; (4) When, in the case of Article 93, paragraph 2, there is strong reason to believe that the scheduled air transportation enterprise is unable to continue because of a division of inherited property or for any other reason. 2. When the Minister of Transportation discovers that an officer of a scheduled air transportation enterprise, which is a juridical person, falls under the provisions of Article 81, item 5, sub-item 5, he shall order that such officer be replaced. Ai~tk7e 97, invalidation of Licen~e.-\Vhen a scheduled air transpor- tation operator comes under any item of Article 6, paragraph 1, his license shall become invalid. Article 98. Non-Scheduled Air Transportation.-Any person who intends to engage in non-scheduled air transportation shall obtain a license from the Minister of Transportation. 2. The provisions of Article 81 (excluding those related to items 1 and 2) shall apply to the license referred to in the foregoing para- graph. 3. The provisions of Articles 82 through 85, Articles 87 through 97 (excluding those related to the application of Article 81, items 1 and 2, in Article 91, paragraph 2 and Article 92, paragraph 2) shall apply to non-scheduled air transportation. Article 99. Aircraft- Using Enterprise.-Any person who intends to engage in aircraft-using enterprise shall obtain a license from the Minister of Transportation. 2. The provisions of Article 82, Article 87, Articles 89 (excluding those related to item 2) through 93 (excluding those related to the ap- plication of Article 81. items 1 and 2 in Article 91, paragraph 2, Arti- cle 92, paragraph 2), Articles 95 through 97 shall apply to an aircraft- using enterprise. 3. When a person who has obtained a license under paragraph 1 has suspended his business, he shall without delay report to the Minis- t.er of Transportation. Article 100. Go~nditions Attached to License, etc.-There may be conditions or terms attached to a license, authorization or approval under this Chapter, and they may be altered. 2. The conditions or terms under the preceding paragraph shall be limited to a minimum necessary to promote the public interest, or to secure the practice of matters involved in the license, authorization or approval and shall not be such as will impose undue burdens upon the a~r transportation operator or aircraft-using operator. Article 101. Delegation to Order.-Matters concerning the licensing proe~durt~, ~nte.ring of license applications and attached docujuents for scheduled air transportation; non-scheduled air transportation and aircraft-using enterprise; the commencement of operation; standards for approval of fares, rates and charges; and conditions of transporta- PAGENO="0135" AIR LAWS AND TREATIES OF THE WORLD 1537 tion for scheduled air transportation shall be determined by a State Council Decree. CHAPTER Vu-FOREIGN AIRCRA}T Article 102. Flight of Foreign Aircraft.-Any aircraft having the nationality of any foreign state which is a Contracting State of the Convention on International Civil Aviation (except any aircraft used for the enterprise of foreign interTlational air transportation pursuant to the provisions of Article 105) shall obtain permission from the Minister of Transportation when it. makes a flight, as referred to in any of the following. However, the same shall not apply in cases where it makes a flight only along airways designated by the Ministry of Transportation. (1) A flight starting outside Korea and arriving inside Korea; (2) A flight starting inside Korea and arriving outside Korea; (3) A flight across Korea without landing, starting outside Korea and arriving outside Korea. 2. Any aircraft having the nationality of a Contracting State of the Convention on International Civil Aviation, which is used by any foreign state, any public entity and its equivalent in any foreign state and any aircraft having the nationality of any foreign state other than a Contracting State, shall obta.in authorization from the Minister of Transportation when it makes a flight referred to in the preceding paragraph. 3. Any aircraft which is used in military, customs or police service shall be regarded as "aircraft used by a state" in application to the provisions of the preceding two paragraphs. 4. When requested by the Minister of Transportation, in cases where it makes a flight, referred to in paragraph 1, any aircraft referred to in paragraphs 1 and 2 shall land at the designated airdrome without delay. Article 10g. Uce of Foreign Aircraft Inside Korea.-No aircraft having the nationality of any foreign state shall be used for air navi- gation between points inside Korea. [Added by Law- No. 1094, Nov. 30, 1962.] How-ever. this shall not ~pp1y to cases where permission of the Minister of Transportation has been obtained. Article 1O~.. Prohibition of carriage of mun.itions.-TJnle,ss per- mitted by the. Minister of Transportation, no aircraft having the nationality of any foreign state shall carry munitions as specified by Ordinance of the Ministr of Transportation on a flight, referred to in any item of Article 102, paragraph 1. Article 105. International Air Transport Enterprise by Foreign iVati~onals.-Notwithstanding the provisions of Article 80 and Article 98, paragraph 1. a. person referred to in Article 6. paragraph 1, may, upon authorization by the Minister of Transportation, operate a busi- ness to transport passengers or freight on any flight referred to in [any item of] Article 102, paragraph 1 (including the one between points within Korea, which is performed in continuance thereof) for remu- neration on demand of other persons. However, such authorization as may be granted will not hinder the development of international avia- tion routes conducted by a Korean air transportation enterprise. The frequency of flights and the type of aircraft may also be restricted. 2. Any aircraft use.d for an international air transportation enter- prise by foreign nationals, referred to iii the preceding paragraph, shall PAGENO="0136" 1538 AIR LAWS AND TREATIES OF THE WORLD not be used for transporting passengers or freight between points within Korea for remuneration. 3. Any person who intends to obtain authorization under paragraph 1 shall submitS an application to the Minister of Transportation de- scribing his business program, scheduled commencement date for op- eration and other matters stipulated by an Ordinance of the Ministry of Transportation. 4. The Minister of Transportation may request the applicant to submit other necessary documents in addition to those prescribed in the preceding paragraph. Article 106. Approral of Fares, Rates and C/marges.-Any foreign international air transportation enterprise shall fix fares, rates and charges for passengers and freight (except mail) and obtain the approval of the Minister of Transportation. The same shall apply in cases of changes thereof. Article 10~. Basine.ss Program.-Any foreign international air transportation enterprise shall comply with its schedule except when prevented by weather or other unavoidable causes. Art-;cle 108. Order for Alteration of Business Program, etc.-The Minister of Transportation, when he deems it necessary, may order the foreign international air transportation enterprise to: (1 Alter its schedule; (2) Alter fares, rates or charges. A rticle 109. 8 pens'~o a of Business and Cancellation of Authoriza- tio*n.-The Minister of Transportation may order a foreign interna- tional air transportation enterprise to suspend business for a period or cancel its authority to operate: (1) When it has violated the provisions of this Law, any orde.r or disposition under this Law or any condition attached to any permission or approval under this Law; (2) Whemi he has failed to carry out, without justifiable reason, matters for which authorization or approval was obtained; (3) When the ownership of the majority of stock or shares, or effective control of an air transportation enterprise has failed to be. vested in the state or its nationals to which the said foreign international transportation enterprise belongs; (4) When, in a case where there is an agreement between Korea anti any forei~n state to which the said foreign air trans- portation enterprise belongs, the said agreement becomes invalid or the said foreign state or foreign air transportation enterprise has violated the. provisions of such agreement; (5) When there exists any obvious reason why it might be detrimental to the security of the Republic of Korea and might cause danger and harm to social welfare and order. Artkle 110. Conditions of Autkorization. efc.-Condit*ions and terms may be attached to authorizations or approvals under this Chap- ter or may 1)e altered. Article 111. Recognition of Certficates. etc.-Any certification, li- cense and other authorization which has been granted for the air- worthiness of the. following aircraft and for the qualifications of its crew by any foreign state, the nationality of which is possessed by t.he aircraft, shall be regarded to have been effected by this Law. (1) Any aircraft of a foreign nationality which makes a flight referred to in any item of Article 102, paragraph 1; (2) Any aicraft used for any international air transportation enterprise pursuant to the provisions of Article 105. PAGENO="0137" AIR LAWS AND TREATIES OF THE WORLD 1539 CHAPTER VIlI-AVIATION COENCIL Article 112. Purpose.-An Aviation Council shall 1)e establiShe(l in order to deliberate important policies concerning civil aviation and matters related to aeronautics. Article 113. Organi2c!tion, etc.-The Aviation Council shall be com- posed of not less than ten and not more than twenty members, and these members shall be commissioned by the Prime Minister. 2. Matters necessary for the organization of the Council, commis- sion of its members and operation of the Council shall be provided for by a State Council Decree. CHAPTER TX-MISCELLANEOUS PROVISIONS Article 114. Investigation of Accicients.-When an accident re- ferred to in Article 57, paragraph 5, has occurred, the Minister of Transportation shall investigate its cause without delay. 2. For the purpose of investigation under the preceding paragraph, the Minister of Transportation may demand of any user of aircraft or aircraft crew involved in the accident, or of any person who has engaged in rescue service and other persons concerned, reports or data, and may have his officials enter on the actual scene to investigate the aircraft or other objects. 3. Under the preceding paragraph, such official shall carry with him a card identifying his official status and he shall show the same upon request. Art ide 115. Report on Air Tran-sportation Agent. etc.-Any person who intends to act as an air transportation agent or air transportation forwarding agency shall report to the Minister of Transportation matters as may be specified by an Ordinance of the Ministry of Trans- portation. The same shall apply in cases where matters previously reported are to be changed. 2. Any persoli who acts as an air transportation agent or air trans- port ation forwarding agent shall report to that effect to the Minister of Transportation within thirty days from the day when he has closed such business. Article 116. Request for a Report and Inepection.-When it is nec- essary for the enforcement of this Law, the Minister of Transportation may request any person coining under any one of the following to submit reports on the repair, remodelling or manufacture of aircraft or apparatus, or the work, administration and use of an airdrome or navigational aid, or use of an aircraft, air service, air transportation enterprise, aircraft-using enterprise, air transportation agent and air ti-a nsport at ion forwarding agency (1) Any person who repairs, remodels or manufactures air- craft or apparatus; (2) Any operator of an airdrome or air navigation aid; (3) Any airman; (4) Any person who engages in an air transportation enter- prise or aircraft-using enterprise; (5) Any person other than those referred to in the preceding item, who uses aircraft; (6) Any person who operates an air transportation agency or forwarding agency. PAGENO="0138" 1540 AIR LAWS AND TREATIES OF THE WORLD 2. When it is necessary for the enforcement of this Law, the Minis- ter of Transportation may have his officials enter the office, factory or other business premises, airdrome, or any place where an air naviga- tion aid is installed, where work for an airdrome or an air navigation aid is performed, where an aircraft is located, of any aircraft which belongs to any person under any item of the preceding paragraph, and inspect the aircraft, air navigation aids, account books, documents or other matters, or ask questions of any interested person. 3. The provisions of Article 114, paragraph 3, shall apply to the preceding paragraph. Article 117. Pa~in~nt of Fees.-Any person applies for licenses or certificates as stipulated in this Law, or who wishes to have an ap- proval, examinatioii or inspection, or who applies for renewal of a certificate, license, or permit, shall pay a fee as specified by the provi- sions of a State Council Decree. CHAPTER X-PENAL PROVISIONS Article 118. Penulty for Endangering Air Navigation, etc.-Any l)ersoll who has inflicted danger to air navigation by damaging any airdrome, facility or air navigation aid, or by other means, shall be punished by penal servitude for a limited term of not less than two years. Article 119. Any person who has crashed, overturned or sunk, or destroed any aircraft in flight shall be punished by death, penal servitude for life or for not less than five years. 2. The same shall apply to any person who has committed any of- fense under the preceding Article and thereby has crashed, overturned or sunk, or destroyed any aircraft in flight. Article 120. Any l)erson who has committed any offense under the preceding Article and thereby caused death to any person shall be punished by death, penal servitude for life or for not less than seven years. Article 121. Any attempted offense under Artcile 118 and Article 119. paragraph 1 shall be punished. Article 122. Any person who through negligence has endangered air navigation or crashed, overturned or destroyed any aircraft in flight shall be punished by penal servitude for not more than one year or a fine of not more than 500,000 hwan. 2. Any person who, in performing his duties or through grave negli- gerice, has committed any offense under the preceding paragraph shall l)e. p~nj~hedl by limited penal servitude or imprisonment for not less than one year or a fine of not more than 1,000,000 hwan. Article 123. Penalty for U9ilm.q Aircraft not Certified for Air- woi'tkne.~c. etc.-Anv person who has committed an act falling under any one of the following shall be punished by penal servitude for not more than three years or fined not more than 500,000 hwan; (1) `When he has used an aircraft for air navigation without its having been certified for air worthiness in violation Df the provision of Article. 13; (2) When he. has used an aircraft for air navigation without its having undergone or passed an inspection in violation of the pro- visions of Article 16; PAGENO="0139" AIR LAWS AND TREATIES OF THE WORLD 1541 (3) Wrhen he has used an aircraft for air navigation without having made acknowledgement under Article 19. Article 124. Penalty for Nan-Display, etc.-Any user of an aircraft which does not bear the marks of registration as stipulated by the provisions of Article 48, or with false marks, shall be punished by penal servitude for not more than one year or a fine of not more than 500,000 hwan. Article 125. Penalty for Operating without Qualified Aii~imen., etc.- Any user of an aircraft, operating an aircraft with an airman with- out qualifications as specified under this Law or when such user has failed to man an aircraft with qualified airmen in accordance with this Law, shall be punished by penal servitude for not more than one year or a fine of not more than 500,000 hwan. 2. Any user of aircraft, who has violated tile provisions of Article 20, Articles 49 to 53 inclusive, Article 57, paragraph 5, Article 66, paragraph 3, Article 68, Article 103 or Article 104 or has failed to file a report pursuant to the proviso of Article 57, paragraph 5, or has filed a false report, or has caused an aircraft to fly ill violation of tile restrictions on the methods of flight under tile provisions of Article 67, paragraph 2, shall be fined not more t.han 1,000,000 hwan. Article 126. Illegal use of an Aircraft.-The operator or tile man- ager of an airdrome or air navigation aid, included under any one of the following shall be fined not more than 1,000,000 hwan. (1) When he was provided an airdrome without authorization in violation of tile provisions of Article 33: (2) When he has used an airdrome without undergoing and passing an inspection pursuant to the provision of Article 35; (3) When he has made especially important alterations of an airdrome in violation of tile provisions of Article 36, paragraph 1; (4) When lie has suspended or discontinued the use of an air- drome without. obtaining authorization pursuant to the provisions of Article 37, paragraph 1, or used an airdrome for which au- thorization has been cancelled under tile provisions of Article 39. Article 127. Any person who has provided an air navigation aid without authorization in violation of the provisions of Article 33, shall be fined not more than 500,000 hwan. 2. The same shall apply to any person who has made especially im- portant alterations of any air navigation aid in violation of tile pro- visions of Article 36, paragraph 1. Article 128. Any person who has violated the provisions of Article 37, paragraph 2 or 3 shall be punished by a fine of not more than 500,- 000 hwan. Article 129. Penalty for Uond?tcting Air Service `without QuaZifica- tio~, etc.-Any person without the qualifications for an airman stipu- lated by his Law, who engages in air service, shall be punished by penal servitude for not more than one year or a fine of not niore than 500,000 hwan. 2. When any person has violated an order for the suspension of operation in violation of Article 27 or has engaged in air service in vio- lation of tile qualification requirements outlined in the Attached List, or has committed an act in violation of tile provision of Article 55, he shall be subject to the penalty set forth ill the preceding paragraph. PAGENO="0140" 1542 AIR LAWS AND TREATIES OF THE WORLD Article 130. In.str-unient Flight by Unqualified Persons.-Any per- son who has violated the provisions of Article 29, paragraph 1 or 2, Article 40. paragraph 1, Article 43 or 54, Article 66, paragraph 2 or 3. Art i~ie 09, 7u or 72 shall be punished by a fine not exceeding 300,000 11w-an. Article 131. Penalty Relating to Duties of Pilot-in-Command.- Any pilot-in-command, who, by abusing his power compelled any person on board tile aircraft to do something beyond tile scope of such person's duty, or has prevelltedi any i~rsoi~ from exercising his right, shall be punished by penal servitude for not less than one year and not more than ten years. 2. Any pilot-in-command who has, through violence, committed any crime referred to in tile preceding paragraph, shall be punished by pemial servitude for not less than three years. Article 132. Any pilot-in-command (including any person acting as tile pilot-in-conlmalul) who has violated the pro~~~~on of Article 57, paragraph 4, shall be punished by penal servitude for not more than five years. Aitcle 133. Any pilot-in-command (or person acting as pilot-in- command) who has violated tile pro\i5101l5 of Article 58 or Article 64, paragraph 2. or has failed to file, report or notify pursuant to Article 57, paragraph 6 or Article 77, or has filed a. false report or notification, shall be punished by a. fine not exceeding 300,000 hwan. Jrtcle 134. Any aircraft. crew- w-ho has violated the provisions of Articles 59 through 63, Article 64, paragraph 1, Articles 65, 71, 73, 74, Article 76, paragraph 2 or Article 101, paragraphs 1 and 2, or has flow-n ill violation of the insti'uctions pursuant to Article 76, paragraph 1, or Ilas failed to comply or file notifications pursuant to Article 76, paragraph 4. or has filed false notifications, or has failed to comply \vitll requests pursuant. to Article 102, paragraph 4, shall be punished by a fine not exceeding 300,000 hwan. 2. Any member of au aircraft crew other than tile pilot-in-comliland who has committed a. crime falling under tile preceding paragraph, shall be 1)unished and tile piiot.-in-comnland shall also be subject to penalty under tile. same paragraph. ilowever, tile same shall not apply Ifl cases where it is pro\ed that. due care and supervision had beemi exercised ill his effort to avoid tile said violation. Article 13.5. Penalty Relatiiug to Business of Air Transportation Enterprise. etr.-Any person who has operated an air transportation enterprise without obtaining a licemlse or authorization pursuant to Article SO. Article 98, paragraph 1, Article 99, paragraph 1, or Article 105, paragraph 1. shall be punished by penal servitude for not more than one rear or by a fine not exc.eedimlg 3,000,000 hwan. 2. Any air transportation enterprise or aircraft-using enterprise which has violated tile provisions of Article 90, shall be pimished by a fine not exceeding 3,000,000 hwan. 3. Any foreign air transportation operator who has violated the restrictions on the frequency of flights or tile type of aircraft specified under Article 105. paragraph 1, proviso, shall be punished by a fine not exceeding 500,000 hwan. Article 136. Any scheduled air transportation operator, nonsched- uled air transportation operator or aircraft-using operator who has commenced operation witilout having undergone and passed an in- PAGENO="0141" AIR LAWS AND TREATIES OF THE WORLD 1543 spection under the provision of Article 82 (including the case of the application referred t.o in Article 98, paragraph 3, or Article 99, para- graph 2), shall be punished by a fine not. exceeding 1,000,000 liwan. Article 137. Any foreign transportation operator included under one of the following shall be punished by a fine, not exceeding 300,000 hwan. (1) *When he ha.s received charges and fares which were not authorized pursuant to Article 106; (2) When he has changed his schedule. without authorization pursuant to Article 107; (3) When he has violated an order pursuant to Article. 108 or an order suspending operation pursuant. to Article 109. A it/dc 138. Any scheduled air transportation operator. non-selied- uled air transport operator or aircraft-using operator included under one of the following items shall be punished by a fine not exceeding 300,000 hwan. (1) When he has operated or maintained an aircraft without complying with the operation and maintenance manual as pro- vided for in Article 83 (including the case of the application referred t.o in Article 98, paragraph 3); (2) When he has received fares and charges without obtaining prior authorization pursuant to Article 84 (including the case of the application referred to Article 98. paragraph 3); (3) When he has concluded a transportation contract. with- out complying with the approve.d business program as provided for in Article 85 (including the case of the application referred to in Article 98, paragraph 3); (4) When he has violated the provision of Article 87, paragraph 1, or has drawn up or altered the business prograni without ob- taining prior authorization pursuant to the same article, para- graph 2 (including the case of the application referred to in Article 98, paragraph 3 or Article 99, paragraph 2); (5) When he has violated an order pursuant to Article 89 (including the case of the application referred to in Article 98, paragraph 3 or Article 99, paragraph 2); (6) Wrhen lie has concluded an agreement relating to trans- portat.ion without obtaining prior authorization pursuant to Article 88 (including the case of the application referred to in Article 98, paragraph 3); (7) When he has suspended its business in violation of Article 94, paragraph 1 (including the case of the application referred to in Article 98, paragraph 3); (8) Whe.n he has violated an order for discontinuation of busi- ness pursuant to Article 96 (including the case of the application referred to in Article 98, paragraph 3 or Article 99, paragraph 2). Article 139. Penalty fo'i' Evading Inspection .-Any person who falls under one of the following shall be punished by a fine not. exceeding 200,000 hwan. (1) Any person who has refused, obstructed or evaded an in- spection under Article 38, paragraph 2, Article 114, paragraph 2 or Article 116, paragraph 2; PAGENO="0142" 1544 AIR LAWS AND TREATIES OF THE WORLD (2) Any person who has failed to file a report under Article 114, paragraph 2 or Article 116, paragraph 1 or has filed a false report; (3) Any person who has not complied with a demand to sub- mit data pursuant to Article 114, paragraph 2, or who has made a false statement pursuant to Article 116, paragraph 2. Article 140. Dval Penalty.-In case the representative of a juridical person or an agent, employee or any other worker for a juridical per- son, or an individual violates the provisions of Articles 124 through 128, Article 130, Article 135 through the preceding article, with regard to the business of the juridicial person or its property, not only the offender himself shall be liable to penalty, but said juridical person or individual shall be liable for the fine stipulated ill the said article. However, the above shall not apply to the juridical person or individ- ual in cases where it is proved that due care and supervision had been exercised by the. juridical person or individual over said business or property in order to prevent the aforesaid violations. Article 141. ~Yon-Ci'iminal Fine.~.-Any person who has neglected to post information under Article 86, or who has posted false informa- tion, or who has failed to file a report under Article 95 (including the case of the application referred to in Article 98, paragraph 3 or Article 99, paragraph 2), or who has filed a false report, shall be sub- ject to the payment of a non-criminal fine not exceeding 200,000 hwan. Article 142. Any person who has failed to file a report pursuant to Article 45, paragraph 2, or Article 115, or who has filed a false report and who has not obtained approval pursuant to Article 44 or who has received charges without complying with those authorized, shall be subject to the payment of a non-criminal fine not exceeding 200,000 hwan. Article 143. A person who has failed to make a report as referred to in Articles 9 and 10, or who has used an aircraft without having affixed the stamp referred to in Article 12, or who has altered an approved design without obtaining approval as referred to in Article 14, para- graph 2, or who has failed to obtain the approval referred to in Article 15, or who has violated the provision of Article 18, or who has violated the provisions of Article 41, paragraphs 1, 4 and 5, or who has violated the order referred to in Article 42, paragraph 2, or who has failed to file a report. under Article 115, shall be subject to the payment of a non-criminal fine not exceeding 100,000 hwan. ADDENDtTM The prior Aviation Law is hereby repealed. 2. The owner of an aircraft registered in accordance with the former laws and decrees relating to aviation (hereinafter referred to as the old laws and decrees) shall register the aircraft in accordance with this Law within thirty days from the effective date of this Law, and the certificate of airworthiness of the aircraft issued pursuant to the old laws and decrees shall be deemed as a certificate of airworthiness issued in accordance with this Law. 3. Any person who has obtained a certificate of competence or air- craft crew license in accordance with the old laws and decrees shall be deemed to have obtained a certificate of competence or aircraft crew PAGENO="0143" AIR LAWS AND TREATIES OF THE WORLD 1545 license in accordance with this Law. It is provided, however, that previously approved airmen licenses, the titles of which have been changed by this Law in regard to classification, shall be provided for by a State Council Decree. 4. Any person who has obtained a license for an aircraft-using enter- prise in accordance with the old laws and decrees shall be deemed to have obtained a license for air transportation in accordance with this Law. It is provided, however, that the classification of a license, the title of which is changed by this Law in regard to classification of license, shall be provided for by a State Council Decree. 5. Fares, rates and charges for passengers and freight of an air transportation enterprise authorized by the old laws and decrees shall be deemed as fares, rates and charges authorized by this Law. 6. This Law shall become effective three months after the date of ith promulgation. Attached Table Qualifications ~eope of Duties Airline Transport Pilot To perform actions on board aircraft mentioned in any one of the fol- lowing: (1) Actions which may be performed by any person qualified as a senior com- mercial pilot. (2) Pilotage of aircraft used for air transportation. Senior Commercial Pilot To perform the actions on board air- craft mentioned in any one of the following: (1) Actions which may be performed by any person qualified as a commercial pilot. (2) Pilotage of aircraft with maxi- mum take-off weight of less than 13,650 kilogranis which is used for nonsched- uled air transportation. Commercial Pilot .To perform the actions on board air- craft mentioned in any one of the following: (1) Actions which may be performed by any person qualified as a private pilot. (2) Pilotage of aircraft for compen- sation which is not operated for com- pensation. (3) Pilotage of aircraft used for an aircraft-using enterprise. (4) Pilotage of aircraft with a max!- iiium take-off weight of less than 5.700 kilograms which is used for nonsched- uled air transportation (except opera- tion for the transportation of passen- gers for compensation under flight rule conditions). (5) Pilotage of aircraft used for air transportation as pilot other than pilot- in-command. PAGENO="0144" 1546 AIR LAWS AND TREATIES OF THE WORLD Attached Table-Continued Qualifications Scope of Duties Private Pilot To Perform actions on board aircraft mentioned in any one of the follow- ing: (1) I'ilotage of aircraft without com- pensation which is not operated for compensation except when not carry- ing ally person other than himself) 2) Piloting as pilot-in-command, without compensation, of aircraft used for other than air transportation or air- craft-using enterprise by the enter- prise. (3) Piloting, as other than pilot-in- command of an aircraft which is not operated for compensation. First Class Flight Navigator Measurement of the position and course of aircraft aiid calculation of air navigation data on board air- craft. Second Class Flight: Navigator Measuremnent of the position and course of aircraft and calculation of air navigation (lata on board aircraft by means of other thami celestial obser- vation (except when engaged in du- ties on board aircraft on a flight over any section of less than 1,300 kilo- meters. when any land mark or navi- gation aid is insufficient for air navi- gation). Flight Engineer handling of aircraft engine and air- frii moe (except handling d piloting system) on board aircraft. First Class Flight: Radio Operator Handling of radio apparatus on board aircraft, which may be perfoiined by ally radio miman qualified as a first class radio operator. Second Class Flight: Radio Operator _Hammdling of radio apparatus omi boar(1 aircraft which may be pei'formiied by any radio nina qualified as a second class radio operator. Third Class Flight: Radio Operator flandlimig of radio apparatus on board aircraft which may be perfornied by any radio man qualified as a third craft with a niaxinlumu take-off Air Traffic Controller Controlling air traffic to maintain safety, speed or order of flight. First Class: Aircraft Mechanic .To perform actions provided for by Ar- ticle 19 with regard to maintained aircraft (except repair of such scope as may be specified by an Ordinance of the Ministry of Transportation). PAGENO="0145" AIR LAWS AND TREATIES OF THE WORLD 1547 Attached Table-Continued Qualifications Scope of Duties Second Class: Aircraft Mechanic To perform actions provided for by Ar- ticle 19 with regard to maintained air- craft with a maximum take-off weight of less than 15,000 kilograms (except repair of such scope as may be specified by an Ordinance of the Ministry of Transportation). Third Class: Aircraft Mechanic .To perform actions provided for by Ar- ticle 19 with regard to maintained aircraft with a maximum take-off weight of less than 2,500 kilograms (except repair of such scope as may be specified by an Ordinance of the Ministry of Transportation). Aircraft Shop Mechanic .To perform actions provided for by Article 19 with regard to maintained or remodelled aircraft. 39-737----65-vol. II-10 PAGENO="0146" PAGENO="0147" KUWAIT Decree No. (30) 1960 THE KUWAIT AIR NAVIGATION REGULATIONS We, Abdulla Al Salim Al Sabah, the Ernir of Kuwait, on presenta- tion to Us by the President of Civil Aviation Department and the agreement of the Supreme Council, have decreed as follows: ARTICLE I The Air Navigation Regulations attached to this Decree shall be applied. ARTICLE U The President of the Civil Aviation Department shall put this De- cree into force with effect from its publication in the Official Gazette. EMIR OF KUWAIT ABDULLA AL SAWI AL SABAII Signed on the 30th Thu Hijjah 1379 A. H. 24th day of June 1960. KUWAIT AIR NAVIGATION REGULATIONS 1960 1. (a) Air aircraft other than an aircraft registered in the terri- tories of Kuwait shall not fly over or land in the territories of Kuwait except under an authorisation granted by His Highness the Emir. (b) An aircraft other than a Kuwait registered aircraft shall not take on board or discharge any passengers or cargo at any place within the territories of Kuwait, being passengers or cargo carried or to be carried for hire or reward except with the permission of the Kuwait Civil Air Administration hereinafter referred to as "the Administra- tion" granted on behalf of His Highness the Emir to the operator of the aircraft in accordance with any conditions and limitations to which such permission may be subject. 2. Aircraft when flying over, landing in or operating from the terri- tories of Kuwait shall comply with the following Regulations. PART I. REGISTRATION AND MARKING OF AIRCRAFr 3. Aircraft to be registered An aircraft shall not fly over the teritories of Kuwait unless it regis- tered in (a) Kuwait. (b) a Contracting State; or (c) Some other country in relation to which there is in force an agreement between the Government of His Highness the Emir and 1549 PAGENO="0148" 1550 AIR LAWS AND TREATIES OF THE WORLD the Government. of that country which makes provision for the flight, over the territory of Kuwait of aircraft registered in that country. 4. Regstvaton of (/.i,Ciift (1) The administration shall on behalf of His Higlme.ss the Emir be the authority for the registration of aircraft owned by Kuwait subjects and or operated by them from Kuwait. (~) Application for the registration of an aircraft as above shall be made in writing to the Aciministiation, and shall include or be tic- companiedi by such particulars and evideiice relating to the. aircraft afl(l the ownership thereof as are necessary to enable the Aciministra- tion to determine whether the. aircraft may properly be registered on the Kuwait register and to issue the certificate referred to in subpara- graph (5) of this Regulation. (3) An aircraft. shall not be registered or continue to be registered under this Regulation if it appears to the Administration that: (a) The aircraft. is registere(l in some other country; or (b) That. such aircraft is not. owned wholly by persons qualified to be owners of aircraft in accordance with paragraph (4) below; or (c) It would be. injurious to the public interest for the aircraft to be. or to continue to be registered under this Regulation. (4) The following persons shall be. qualified to be the owner of an aircraft. registered under this Regulation (a) Kuwait subjects. (b) other subjects whose equipment is fully operated by Ku- wait. subjects and subject to the approval of H.H. Government. (c) Bodies corporate established under the laws of Kuwait and having their piincipal place of business in Kuwait. (5) Fpon receiving an applicat.ion for the registration of an aircraft under this Regulation and being satisfied that. the aircraft may prop- erly be so registered, the Administration shall register the aircraft, wherever it may be, and shall furnish to the person in whose name the aircraft. is registered (hereinafter referred as ~`the registered owner") a certificate of registration, which shall include the following particulars: (a) The number of the certificate; (b) The nationality mark of the aircraft, and the registration mark assigned to it. by the Administration; (c) The name. of the manufacturer of the aircraft and the manufacturer's designation thereof. (d) The serial number of the aircraft; (e) The name and address of the registered owner; (f) The date on which the certificate was issued. (6) The registered owner of the aircraft shall forthwith notify the Administration in writing of: (a) Any change in the particulars which were furnished t.o the Administration upon application being made for the registration of the aircraft: (b) The destruction of the aircraft. (17) If the registered owner of the aircraft, shall cease. (otherwise than by reason of his death) to be the owner thereof or if the aircraft PAGENO="0149" AIR LAWS AND TREATIES OF THE WORLD 1551 is destroyed, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Administration for cancellation. (8) The Administration may require the certificate of registra- tion to be returned to them by the registered owner of the aircraft for cancellation if it appears to the Administration that: (a) Any of the particulars furnished to him upon application being made for the registration of the aircraft did not at the time of such application correspond or no longer correspond with the facts relating to the aircraft or its ownership; (b) That the aircraft ought to cease to be registered in Kuwait by reason of the provisions of paragraph (3) of this Regulation. (9) The fee chargeable in respect of the issue of a certificate of registration of an aircraft shall be Rs. 15/-. 5. Nationality and regi.strationmai*s (1) An aircraft shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law. (2) The marks to be borne by aircraft registered in Kuwait shall comply with the First Schedule. to these Regulations. PART II. AIRWORTHINESS AND EQUIPMENT OF AIRCRAV1~ 6. Certificate of airworthiness to be in force (1) An aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions or limitations subject to which the certificate was issued or rendered valid are complied with: Provided that the foregoing pro- hibition shall not apply to flights, beginning and ending in the terri- tories of Kuwait without passing over the territory of any other country, of an aircraft flying solely for the purpose of experiment or test if it flies in accordance with the following conditions: (a) The aircraft shall be an aircraft in respect of which a valid certificate of airworthiness or validation has previously been in force. (b) The aircraft shall fly only for the purpose of enabling the aircraft to: (i) Qualify for the renewal or validation of a certificate of airworthiness, after an application has been made for such renewal or validation, as the case may be; or (ii) Proceed to or from a place at which any inspection test or weighing of the aircraft is to take place for a pur- pose referred to in sub-paragraph (i). (c) The aircraft and its engines shall be certified as fit for flight by the holder of a licence as an aircraft maintenance engi- neer issued under legal authority, and entitled in accordance with the provisions of the Second Schedule to these Regulations so to certify. (d) The aircraft shall carry a flight crew comprising not less than the number and description of persons specified in any cer- PAGENO="0150" 1552 AIR LAWS AND TREATIES OF THE WORLD tificate of airworthiness which has previously been in force in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design. (e) The aircraft shall not c.arry any cargo or passengers. (f) The aircraft shall not fly over a congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off from or land at an aerodrome in the terri- tories of Kuwait. (2) In the case of an aircraft registered in Kuwait the certificate of airworthiness referred to in paragraph (1) of this Regulation shall be a certificate rendered valid in accordance with the provisions of Reg- ulation 7. 7. Validation of certificates of airworthiness (1) The Administration shall designate an Air Registration Ex- pert (hereinafter referred to as "the Registration Expert"). (2) The Administration may on the recommendation of the Regis- tration Expert and subject to such conditions as the Expert may think fit, issue a certificate rendering valid for the purposes of these Regula- tions a certificate of airworthiness issued in respect of any aircraft by an authority empowered in that behalf by the law of any Contracting State. (3) The Administration may, on the recommendation of the Regis- tration Expert and subject~ to such conditions as he thinks fit, renew the certificates of validation issued under paragraph (2) of this regulation. (4) Any breach of a condition or limitation of a certificate of air- worthiness or validation shall render the certificate invalid so long as the breach continues. 8. Uertiflca.tio~ of nviintenance (1) An aircraft registered in Kuwait shall not fly for the purpose of public transport unless: (a) The aircraft (including in particular its engines), to- gether with its equipment and radio station, is maintained in accorda.nce with maintenance schedules approved by the Admin- istration on the recommendation of the Registration Expert in relation to that aircraft. (b) There are in force in respect of that aircraft certificates (hereinafter referred to as "certificates of maintenance") issued in accordance with the provisions of this Regulation and certify- ing that the. maintenance work as aforesaid has been carried out in accordance with such maintenance schedules. (2) Every certificate of maintenance shall come into force upon being issued and shall cease to be in force upon the expiration of the period of its validity in elapsed time. or flying time, whichever may be the earlier, as specified in the relevant maintenance schedule, and the Period of validity of the certificate shall be recorded in the certificate at that time when it is issued. (3) A certificate of maintenance may be issued only by the. holder of a valid licence granted under legal authority, as an aircraft main- tenance engineer or aircraft radio maintenance engineer of the appro- priate category in accordance with the Second Schedule to these Regulations, and with an appropriate rating included in the licence, PAGENO="0151" AIR LAWS AND TREATIES OF THE WORLD 1553 and rendered valid by the administration in accordance with Regu- lation 10. (4) Certificates of maintenance shall be issued in duplicate. One of the. duplicates shall be carried in the aircraft during the period of its validity in accordance with the requirements of paragraph (2) of the Regulation 45 and the other shall, during such period. be kept by the operator of the aircraft elsewhere than in the aircraft. (5) On the termination of every flight or, in the case of a number of flights beginning and ending at the same aerodrome, on the same (lay, on the termination of the last. of such flights, the. commander of the aircraft shall enter on the relevant, certificate of maintenance, or in a document kept with that certificate, particulars of: (a) The duration the flight in hours and minutes; and (b) Any defe.ct in any part of the aircraft or its equipment. Every such entry shall be signed and dated by the commander of the aircraft. Upon the rectification, while the certificate of mainte- nance is in force, of any such defect, the person supervising the work shall enter on the certificate particulars of the work, and shall sign and date the entry. (6) Every certificate of maintenance and every such document. as aforesaid shall be preserved by t.he operator of the aircraft with the appropriate log book for a period six months following the expiry of the period of validity of the certificate and for such further period as the Administration on the recommendation of the Registration Expert may require in any particular case. 9. Overhaul, repair ~ modification of aircraft (1) An aircraft registered in Kuwait. being an aircraft in respect of which a certificate of airworthiness rendered valid under Regulation 7 is in force, shall not fly if any part of the aircraft or its equipment, whether essential for airworthiness or provided in compliance with the Fourth Schedule, including in the case of public t.ransport aircraft radio apparatus provided for use therein whether or not such appa- ratus is provided in compliance with the Sixth Schedule, has been overhauled, replaced, repaired or modified unless there is in force a certificate that the overhaul, replacement, repair or modification has been carried out in accordance with the requirements of the Admiriis- tration on the recommendation of the Registration Expert or in a manner approved by him. Provided that if a repair or replacement of a part. of an aircraft. or its equipment is carried out when the aircraft is at. such a place that it is not reasonably practicable: (a) For the repair or replacement to be carried out in such a manner that the certificate can be issue.d or (b) For such a certificate to be issued while the aircraft is at that place. The aircraft may fly to a place where such a certificate can be issued, if the commander of the aircraft is satisfied that it is fit. to fly on that flight. (2) The certificate required in paragraph (1) or this Regulation may be issued only by: (a)The holder of a licence granted or rendered valid under legal authority as an aircraft maintenance engineer or aircraft PAGENO="0152" 1554 AIR LAWS AND TREATIES OF THE WORLD radio maintenance engineer of the appropriate category in accord- ance with the Second Schethile to these regulations, with appro- priate ratings included in the licence and rendered valid by the Administrat ion : or (b) ~Any finn or body corporate approved by the Administra- tioii on the recolnfllefl(latiOfl of the Registration Expert. (3) The certificate shall identify the aircraft and the repair or replacement to which it relates and include particulars of the work done. Tf the aircraft to which the certificate relates is a public trans- port aircraft. or an aerial work aircraft, the certificate shall be pre- served with the appropriate log book. In the case of any other aircraft the certihcate shall be preserved by the operator of t.he aircraft for a ieriocl of two years. 10. Validation of maintenance engineers lieen$es The Administration may issue a certificate rendering valid for the purposes of these Regulations any licence as an aircraft maintenance engineer or aircraft. radio maintenance engineer granted or rendered valid under legal authority. 11. Tec/cincal log booZ~'s (1) The following log books shall be kept in respect of every public transport aircraft and aerial work aircraft registered in Kuwait :- (a) An aircraft logbook: and (b) A separate log book in respect of each engine fitted to the aircraft : and (c) A sepa rate log book in respect of each variable pitch propel- ler fitted to the aircraft. The log books shall contain the particulars specified in the Third Schedule to these Regulations. (~) Each entry in the log book shall be made as soon as is prac- ticable after the occurrence to which it relates, but in no event more than seven days after the return of the aircraft to its base. (3) Every entry in a log book maintained in compliance with this Regulation shall be written in ink or in delible pencil. (4) Entries in a log book may refer to other documents, which shall be clearly identified, and any other documents so referred to shall be deemed. for the purposes of these regulations to be part of the log book. (~) Every log book shall be preserved by the operator of the air- craft. until a date two years after the aircraft has been destroyed or has been permanently withdrawn from use. 12. Equipment of ah~eraft not radio equipment 1) An aircraft shall not. fly unless it. is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings tobe displayed, and signals to be made, in accord- ance with these regulations. (~) In the case of aircraft registered in Kuwait the equipment re- quired to be provided (in addition to any other equipment necessary for the airworthiness of the aircraft) shall be that specified in such parts of the Fourth Schedule to these regulations as are applicable in the circumstances and shall comply with the provisions of that sched- ule. The equipment, except that specified in paragraph 3 of the said PAGENO="0153" AIR LAWS AND TREATIES OF THE WORLD 1555 Schedule shall be of a type approved by the Xclministratioii on the recommendation of the Registration Expert. (3) The equipment. carried in compliance with this Regulation shall be so installed or stowed and kept stowed. and so maintained and adjusted, as to be readily accessible and capable. of being used by the persoi~s for whose use it is intended. (4) The position of equipment. p1~o\iclecl for emergency use shall be indicated by clear markmgs in or on the aircraft. (5) All equipment installed or carried in an aircraft, whether or not. compliance with this Regulation, shall be so installed or stowed or kept. stowed and so maintaine(l and adjusted as not. to he a source of danger in itself or to impair the airworthiness of the aircraft. or the ~roper functioning of any equipment or services necessary for the safety of the aircraft.. 13. Radio equipment of aircraft (1) An aircraft shall not fly unless it is so equipped with radio ap- paratus as to comply with the law of the country in which the aircraft is registered and to enable communications to be made, and the aircraft to be navigated, in accordance with the provisions of these Regulations. (2) In the case of aircraft registered in Kuwait the aircraft shall be equipped with radio apparatus in accordance with the Fifth Sched- ule to these Regulations. (3) The radio apparatus provided in compliance with this Regula- tion in an aircraft registered in Kuwait. shall always be maintained in serviceable condition. (4) All radio apparatus installed in an aircraft registered in Ku- wait (whether or not in compliance with these Regulations) shall be of a type approved by the Administration on the recommendation of the Registration Expert in relation to the purpose for which it is to be used, and shall be installed in a manner approved by him. Neither the apparatus nor the manner in which it is installed shall be. modified except with the. approval of the Administration on the recommendation of the R.egistrat.ion Expert. 14. Aircraft weight schedule (1) Every aircraft in respect of which a certificate of airworthiness rendered valid under these Regulations is in force shall be. weighed, and the position of it.s centre of gravity determined, at such times and in such manner as the Administration on the recommendation of t.he Registration Expert. may require in the case of that aircraft. (2) Upon the aircraft being weighed the operator of the aircraft shall prepare a weight schedule showing the difference (if any) be- tween the weight of the aircraft empty upon such weighing and the position of its centre of gravity at that time, and the weight of the air- craft empty as shown in the certificate of airworthiness and the posi- tion of its centre of gravity as determined for the purposes of that cer- tificate, together with particulars of the changes in the aircraft and its equipment which have caused such difference. (3) The weight schedule shall be preserved by the operator of the aircraft until the expiry of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this Regulation. PAGENO="0154" 1556 AIR LAWS AND TREATIES OF THE WORLD 1.5. Xotices in aircraft Notices indicating that smoking is prohibited shall be exhibited in every aircraft registered in Kuwait in accordance with any conditions with regard to smoking which may be imposed by the certificate of airworthiness relating to the aircraft. 16. Exits in aircraft (1) In every public transport aircraft registered in Kuwait, every means of exit~ from the aircraft and from every passenger compart- ment therein shall be kept free of any obstruction and shall not, when the aircraft is in flight, be fastened by locking or otherwise so as to hinder the immediate use thereof in an emergency. (2) The position of every such means of exit, being a means of exit provide.d for use in an emergency, shall be clearly marked inside with the words "Emergency Exit" and with instructions as to how the means of exit~ can be opened; if the emergency exit is designed to be opened from the outside, the aircraft shall be marked outside in like manner. 17. Acess and inspection for ainworthiness JYu.rposes Tile Administration on tile recommendation of the Registration Ex- pert may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purpose of this Part of these Regulatiosn and any person authorised to do so in writ- ing by the Administration may, for such purposes, go upon any prem- ises at any reasonable time to inspect any part of or material for an aircraft or its equipment, or any documents relating thereto. 18. Fees Details of fees to be charged for the renewal of certificate of air- worthiness and for the approval of equipment, etc. shall be notified by the Administration. PART III. AIRCRAFT CREW AND LICENSING 19. Composition of flight crew of aircraft (1) No aircraft shall fly over the territories of Kuwait unless it carries a flight crew of the number and description required by the law of the country in which it is registered. (2) An aircraft registered in Kuwait shall carry a flight crew of at least the number and clescriptiomi specified in the certificate of air- worthiness. (3) An aircraft registered in Kuwait and flying for the purpose of public transport with a maximum total weight authorised of more than 22,500 lb shaH carry not less than two pilots as members of the flight crew thereof. (4) An aircraft registered in Kuwait engaged in a flight for the purpose of public transport shall carry a duly licensed flight navi- gator as a member of the flight crew in addition to the members thereof whose carriage is required under paragraph (2) of this Regulation when carrying out any flight: (a) The proposed route of which as planned prior to take- PAGENO="0155" AIR LAWS AND TREATIES OF THE WORLD 1557 off exceeds a great circle distance of 500 nautical miles when measured along either: (i) The route as intended to be flown if conditions per- mit, or (ii) That route as it may be varied by any diversion planned prior to take-off as an alternative for adoption if necessary in the course of the flight, from the point of take-off to, in case (i), the point of first intended landing or, in case (ii), the point of first landing specified for the purpose of any such diversion; and (b) In the course of which the aircraft in following any route planned or varied as aforesaid will fly over any part of an area specified in the Sixth Schedule to these Regulations. (5) An aircraft registered in Kuwait which is required by the provisions of Regulation 13 to be equipped with radio commimica- tion apparatus shall carry a flight radio operator as a member of the flight crew, who shall not, if he is required to operate radiotele- graph apparatus, be the same person as a person performing other duties in compliance with this Regulation. (6) If it appears to them to be an expedient to do so in the interests of safety, the Administration may direct any particular operator that the aircraft operated by him shall not fly in such circumstances as the Administration may specify unless they carry such additional members of the flight crew as he may specify in the direction. (7) An aircraft registered in Kuwait carrying twenty or more passengers on a flight for the purpose of public transport shall carry as a member of the crew a steward who shall perform such duties in the interest of the safety of passengers as may be assigned to him by the operator or commander of the aircraft, but who shall not act as a pilot, flight navigator, flight engineer or flight radio operator of the aircraft. ~O. Members of flight crew-licences (1) Subject to the provisions of this Regulation, a person shall not: (a) Act as a member of the flight crew required by or under these Regulations to be carried in an aircraft registered in Kuwait; or (b) undertake the duties of a pilot additional to the mem- bers of the flight crew so required, unless he is the holder of an appropriate licence granted under the law of any Contract.ing State and validated by the Administration. (2) A person shall not act as a member of the flight crew in an aircraft registered outside Kuwait flying over the territories of Ku- wait unless he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered. (3) Notwithstanding the provisions of paragraph (1) of this Beg- ulation, a person may act as the pilot of an aircraft registered in Kuwait for the purpose of becoming qualified for the grant or re- newal of a pilot's licence or for the inclusion, renewal or extension of a rating thereon, without being the holder of an appropriate hie~nce, if the following conditions are complied with PAGENO="0156" 1558 AIR LAWS AND TREATIES OF THE WORLD (a) no other person shall be carried in the aircraft except a person carried as a member of the flight crew in compliance with these Regulations, or, if the pilot in command of the aircraft is the holder of an appropriate licence, any person carried for the purpose of being trained as a member of the flight crew of an aircraft (b) he shall not be the pilot in command of the aircraft unless within the period of six months immediately preceding he was either the holder of a pilot's licence (other than a student pilot's licence') rendered valid by these regulations and his physical condition has nor, so far as lie is aware, so deteriorated clurrng that period as to render him unfit for the licence for which lie intends to qualify. (4) An appropriate licence for the purposes of this Regulation means a licence which entitles the holder to perform the duties which lie undertakes in relation to the aircraft concerned and the flight on which it is engaged. ;21. tudei~ t pilot's lkeiices (1) No person may fly as a student pilot in charge of a flying machine without a valid Student. Pilot's Licence issued by an author- ised person in accordance with the provisions of this Regulation. (~) (i) Application for a Student Pilot's Licence shall be sub- mitteci on a form supplied for the purpose and shall contain the following particulars: a) Applicant's full name; b) His permanent address; c) His nationality; ci) The date and place of his birth; e) A statement of any previous application by him for any licence to pilot, a flying machine: f) A declaration by him that since the date of the medical examination referred to hereinafter the applicant, has not suffered from any 1~hysica1 defect or disability or from any disease. (ii) Each application for a. Student Pilot's licence shall be accom- panied by a certificate, in triplicate, of medical fitness to hold such a. licence signed by a Medical Officer appointed for the purpose by the Public. Health Department of Kuwait. (3) The a.uthorised person on being satisfied that. the. applicant is not less than 17 years of age and is a. fit and proper person to hold a licence may, on payment of a fee of Rs.5/- grant him a Student Pilot's Licence for such period as he thinks fit which period shall be endorsed on the licence. (4) Applications for renewal of licences shall be made in the same manner as prescribed in nsragraph (2) and no renewal may be made until the authorised person has satisfied himself that the provisions of paragraph ( 3) have been completed with. (3) The. holder of a Student Pilot's Licence may. when circum- stances allow, fly as a pilot, in charge of an aeroplane for the purpose of qualifying himself for a Private Pilot's Licence provided that: (a) He flies at all times under the orders of a. person holding an instructor's rating as required by Regulation 24, who shall ensure that the student does not undertake manoevers beyond his capacity, and obeys the instructions given by such instructor; PAGENO="0157" AIR LAWS AND TREATIES OF THE WORLD 1559 (b) He does not carry passengers; (c) He does not fly outside Kuwait and its territorial waters except with the express written permission of an authorised person; (d) All flights shall begin and end at the same aerodrome except in cases of emergency involving the safety of the aircraft or its occupants. The instructor however may authorise inter- mediate landings on any flight for the p~irpoSe of giving the stu- dent practice in cross country flights. 22. Validation of licences to m.embei's of flight crew (1) The Administration may issue a certificate (hereinafter re- ferred to as a validation) rendering valid for the purpose of these Regulations licences of any of the following classes granted under the law of any Contracting State Private pilot's licence (flying machines). Commercial pilot's licence (flymg machines), Senior commercial pilot's licence (flying machines), Airline transport pilot's licence (flying machines), Flight navigator's licence, Flight engineer's licence, Flight radiotelephony operator's general licence, Flight radiotelephony operator's restricted licence, Flight radiotelegraphy operator's licence, Flight radiotelegraphy operator's temporary licence. (2) A licence of any class granted under the legal authority shall entitle the holder to perform the duties specified in respect of that licence in Part I of the said Seventh Schedule under the heading `privileges". Provided that a person shall not be entitled to perform the duties to which his licence relates if he knows or has reason to believe that his physical condition (including his sight and hearing) renders him temporarily or permanentiy unfit to perform such duties. (3) A rating of any of the classes specified in Part II of the said Seventh Schedule shall be deemed to form part of the licence and shall entitle the holder to perform such duties as are specified in Part II of the said Schedule in respect of that rating. (4) Every holder of a licence rendered valid under this Regulation who suffers: (a) Any personal injury in the course of the duties to which his licence ielates; or (b) Any other personal injury involving incapacity for work; Or (c) Any illnesss involving incapacity for work throughout a period of twenty days or more, shall notify the Administration and the competent authority of the State under the law which the licence is granted of such injury or ill- ness in writing. Such notice shall be given as soon as possible in the case of injury, and as soon as the period of twenty days has elapsed in the case of illness. (5) A licence rendered valid under this Part of these Regulations shall he deemed to be suspended upon the occurrence of such an injury4 *~r the elapse of such period of illness as is referred to in paragraph (4) of this Regulation: the suspension of the licence shall cease: PAGENO="0158" 1560 AIR LAWS AND TREATIES OF THE WORLD (i) Upon the holder being medically examined under arrange- ments made by the competent authority of the State under the law of which the licence is granted and pronounced fit to resume his duties under the licence; or (ii) Upon the competent authority as aforesaid exempting the holder from the requirement of a medical examination, subject to such conditions as the competent authority as aforesaid may think fit.. 23. Pers&nal flying log bool~ Every member of the flight, crew of an aircraft registered in Kuwait shall keep a personal flying log book in which the following particulars shall be recorded: The name and address of t.he holder. Particulars of holder's licence (if any) to act as member of the flight crew of an aircraft. The name and address of employer (if any). Particulars of all flights made as a member of the flight crew of aircraft., including: (a) The date, time, duration and places of arrival and de- partiire of each flight; (b) The type and registration marks of the aircraft.; (c) The capacity in which the holder acted in flight; (d) Particulars of any special conditions under which the flight was conducted, including night flying and instrument flying; (e) Particulars of any test or examination undertaken whilst in flight. 24. ln~truction i~n flying (1) A person shall not give any instruction in flying or any direc- tion to fly to any person flying or about to fly a flying machine for the purpose of becoming qualified for: (a) The grant of a pilot's licence; or (b) The inclusion in a pilot's licence of an aircraft rating en- titling the holder of the licence to act as the pilot of a multi- engined flying machine if he has not been previously so entitled, or a seaplane if lie has not been previously so entitled, or a heli- cop~.er if he has not been previously so entitled; or (c) The inclusion or variation of any rating, other than an aircraft rating, in a pilots licence, unless: i) The person giving the instruction holds a licence, ren- dered valid under these regulations entitling him to act as pilot. in command of the aircraft for the purpose and in the conditions under which instruction is to be given; and (ii) If payment, is made for the instruction, such licence entitles the holder to act as pilot in command of an aircraft flying for the purposes or public transport; and (iii) Such licence includes a rating entitling the holder, in accordance with the relative privileges specified in the Seventh Schedule to these Regulations, to give such instruc- tion in flying; Provided that sub-paragraph (ii) of this paragraph shall not apply if the aircraft is owned, or is operated under arrangements entered into, by a flying club of which both the person giving and the person receiving the instruction are members. PAGENO="0159" AIR LAWS AND TREATIES OF THE WORLD 1561 (2) For the purpose of this Regulation payment shall be deemed to be made for instruction if any reward is given or promised by any person to any other person in consideration of tile flight being made or of tile instruction being given or if the instruction is given by a person employed for reward primarily for tile purpose of giving such instruction. 25. Fees Fee chargeable for the validation or renewal of a validation of any of the lice.nces set out in Regulation 22 shall be Rs.5 for each such validation or renewal. PART IV. OPERATION OF A~CRAF~ 26. Operations manual (1) This Regulation shall apply to public transport. aircraft regis- tered in Kuwait except aircraft used for the time being solely for: (a) The purpose of training persons to perform duties in an aircraft; or (b) Local pleasure flights beginning and ending at tile same aerodrome with no intermediate landing elsewhere. (2) The operator of every aircraft to which this Regulation applies shall cause an operations manual to be prepared which shall include such information and instructions as are necessary, in addition to the particulars in tile certificate of airworthiness in force in respect of the aircraft, to enable his operating staff to perform their dutie.s in rela- tion to the conduct of the intended flights of tile aircraft and in par- ticular information and instructions relating to the matters specified in Part A of the Eighth Schedule to these Regulations. The. operations manual shall be revised or replaced from time to time so as always to be kept up to date and a copy thereof shall be furnished or male available to each member of the operating staff. (3) The operator of tile aircraft shall, if the Administration shall so require, furnish the Administration witil a copy of the whole of the the operations manual for the time being in effect, or of such parts thereof as the Administration may specify. (4) For the purposes of this Regulation and the Eighth ~chedu1e to these Regulations "operating staff" means tile. servants and agents employed by t.he operator. whether or not as members of the ere.w of the aircraft, to ensure tilat tile flights of the aircraft, are conducted ill a safe manner. 27. Public transport operators respo1lsibilities (1) Before an aircraft registered in Kuwait engages on a flight for the purpose of public transport, the operator of the aircraft shall: (a) Designate a pilot to be the commander of the aircraft. for the flight.; (b) Satisfy himself that the aerodrome at which it is intended to land and any alternate aerodrome are suitable for the purpose and in particular are adequately manned and equipped t.o enable the aircraft to land and take off safely; (c) Satisfy himself that tile. aeronautical radio stations and navigational aids serving the. ifltendledl route or any planned diver- PAGENO="0160" 1562 AIR LAWS AND TREATIES OF THE WORLD sion therefrom are adequate for the safe navigation of the air- craft: and (2) The operator of an aircraft registered in Kuwait shall not permit any pei'~on to be a member of the crew thereof during ally flight for the I)t~1pose. of public transport. (except for the sole purpose of train- big perso1~s to l)erthrm duties in aircraft) unless such persoiis has had the trainin~i. experience, practice and Periotheal tests specified in Part B of tile Eighth Schedule to these Regulations, and unless the opera- tor has satisfied himself that suCil ~ is competent to perform his duties, and in particular to use the equipment provided ill the aircraft for that. ptlrpose. The operator shall maintain the records specified in Part. B of the said Schedule. 27A. Pi~c e,~ton of cxce~sice fatigue of flight ciew fiie operator of an aircraft registered in Kuwait and the flight ~rew tii~reof shall comply with the. provisions for the pre\~e11t1o11 of excesii~e fati~iie of t1i~ht crew laid down in the ~ilitil Schedule to these Re~il~t jOllS. ~ LoaIu~r/ of pu771c ti?f1~NpU/t ah~ciaft (1) This Regulation shall apply to public transport aircraft regis- tered m Kuwait. except. (a ) Aircraft of which the. maximum total weight authorised does not exceed 2.500 lb.: (b) Aircraft used for time being solely for: (i) The purpose of training persons to perform duties in aircraft: or ii) Local pleasure flights beginning and ending at the same aerodrome wit ii no intermediate landing elsewhere. (2) The. operator of every aircraft to which this Regulation applies shall des~~nate a l)ersoll to be responsible for tile loading of the air- craft be.fore each flight for tile purpose of public transport and shall furnish to such ~ writtell instructions relating to tile distribution and securing of the load so as to ensure: (i) That, tile load may safely be carried on the flight, and (ii) That any conditions subject to which the certificate of airworthiness relating to the aircraft was issued or rendered valid, being conditions reiating to the loading of the a.ircraft, are com- plied with. (:l) The person so designated shall, before tile commencement of any such Ihglit, prepare. and sign a load sheet in duplicate conforming to the requIrements in Part I of the `lentil Sciledule t.o these Regula- tions and shall (unless lie is himself tile comnlandler of the aircraft) submit the load sheet to the cOmmaildier for examination. Provided that, if the load and time distribution and seculriilg thereof upon the next intemmued flight are to l)e. unellailged from the previous flight, tim is paragraph shall be deenied to be complied with if the commander of the alr(raft makes and signs an endorsement. to that. effect U~0ll the load slicer relating tO tile i)rexious flight, indicating the date of tile endorsement the l)lace of departure and the next. intended place of dest mat OIL 4) One c ~PY ~f the ho~d sheet shall be carried in tile aircraft until the flights to wh:ch it relates have. been completed andi one copy shall be preserved by the operator until the expiration of a period of six months thereafter, and shall not be carried in tile. aircraft.. PAGENO="0161" AIR LAWS AND TREATIES OF THE WORLD 1563 29. Public transport aircraft operating conditions (1) An aircraft shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the requirements in respect of its weight and related performance in Part II of the Tenth Schedule are complied with. (2) The requirement in respect of weather minima for take-off, ap- proach to landing in Part III of the Tenth Schedule shall be complied with in respect of every aircraft to which Regulation 26 applies. (3) (i) A flying machine registered in Kuwait flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take off or landing, at such an altitude as would enable the aircraft (a) If it has one engine only, in the event of the failure of that engine. (b) If it has more than one engine, in the event of the failure of any one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions spec- ified in the certificate of airworthiness, performance schedule or flight manual relating to the aircraft, to reach a place at which it can safely land at a height sufficient to en- able it to do so. (ii) The assessment of the ability of a public transport flying ma- chine to comply with paragiaph i) of this Regulation shall be based on the information as to its performance contained in the certificate of airworthiness, performance schedule or flight manual relating to the aircraft. In the event of the information given therein being in- sufficient for that purpose or in the event of no such documents having been issued or rendered valid, such assessment shall be based on the best information available to the pilot of the aircraft. SO. A'rcraft not registered in Kuwait-weather minima (1) An aircraft other than an aircraft on the Kuwait register shall not fly over territories of Kuwait for the purpose of public transport unless the operator thereof shall have furnished to the Administra- tion such particulars as he may from time to time have required relat- ing to the weather minima specified by the operator in relation to aero- dromes in Kuwait for the purpose of limiting their use by the aircraft for take-off or landing, including any instruction given by the operator in relation to such weather minima. (2) The aircraft shall not take-off or land at an aerodrome in Ku- wait in weather conditions less favourable than the minima* so specified in relation to that aerodrome, or in contravention of the instructions referred to in paragraph (1) of this Regulation. 31. Preflight action by commander of aircraft The commander of an aircraft registered in Kuwait shall satisfy himself before the aircraft takes off- (a) that the flight can safely be made, taking into account the latest information available as to the route and aerodrome o be used, the weather reports and forecasts available, and an alter- native course of action in case the flight, cannot be completed as planned; 39-73T- 6~-vo1. Il--il PAGENO="0162" 1564 AIR LAWS AND TREATIES OF THE WORLD (b) that the equipment (including radio apparatus) required by or under these Regulations to be carried is carried and is in a fit condition for use; (c) that the aircraft is in every way fit for the intended flight, and, in the case of a flight for the purpose of public transport, that the certificates of maintenance required by these Regulations are in force and will not cease to be in force during the intended flight; (d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight (e.) that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies. and, in the case of a flight for the nurpose of public transport, that the instructions in the opera- tions manual or other instructions to the crew relating to fuel, oil and engine coolant have been complied with; (f) that, having regard to the performance of the aircraft in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reach- ing and maintaining a safe height thereafter, and making a safe landing at the place of intended destination; (g) t.hat any pre-flight check system established by the opera- tor in the operations manual or otherwise has been complied with. 32. Pilots to remain at controls The commander of an aircraft registered in Kuwait shall cause one pilot to remain at the controls and be properly secured in his seat at all times while the a.ircraft is in flight. If the aircraft is required by these Regulations to carry two pilots, both pilots shall remain at the controls, and shall be properly secured in their seats, during take-off and landing. 33. Puble transport of passengers duties of commander (1) This Regulation applies to flights for the purpose of the public transport of passengers by aircraft registered in Kuwait. (4) In relation to every flight to which this Regulation applies the commander of the aircraft shall- (a) before the aircraft takes off ensure that all passengers are made familiar with the position and method of use of safety belts, safety harness, emergency exits and all other devices required by or under these Regulations and intended for use by passengers individually in case of an emergency occurring to the aircraft, and with the position of all other devices required by or under these Regulations and intended for use by passengers collectively in case of such a.n emergency: Provided that., in relation to life jackets and other equip- ment designed to enable persons to survive in or on the water, this requirement. may be complied with at any time before the aircra.ft reaches a point beyond gliding distance from land. (b) if the aircraft is not, a flying boat take all reasonable steps to ensure that before the aircraft reaches a point more than 30 minutes flying time, determined in the manner specified in the PAGENO="0163" AIR LAWS AND TREATIES OF THE WORLD 1565 Fourth Schedule paragraph 2(d) from the nearest shore, all passengers are made familiar with the position, and gwen prac- tical demonstration of the method of use, of the life jackets and other equipment required by or under these Regulations and designed for use by passengers individually in order to enable them to survive in or on the water: (c) if the aircraft is a flying boat, ensure that all passengers are made familiar with the position and given a practical demon- stration of the method of use, as aforesaid, before the aircraft takes off; (d) before the aircraft takes off and before it lands, take all reasonable steps to ensure that the crew of the aircraft are secured in their seats a.nd that the steward, if any. is secured in a seat in a position which will enable him to assist. passengers. If the air- craft is required under paragraph (7) of Regulation 19 to carry a steward, that position shall be. in a passengers compartment; (e) before the aircraft takes off, or lands, and when, by rea- son of turbulent air or any emergency occurring during flight he considers the precaution necessary, take all reasonable steps to en- sure that all passengers are properly secured by safety belts or safety harness; (f) in any emergency. take all reasonable steps to ensure that all passengers are instructed in the appropriate emergency action which they should take: ~) except in a case where a pressuic greater than 71)0 millibars is maintained in all passenger and crew compartments throughout the flight take all reasonable steps to ensure that., before the aircraft reaches an altitude of over 13.000 ft above mean sea level, the method of use of the oxygen provided in the aircraft in com- pliance with Regulation 12 is demonstrated to every passenger; that on reaching such altitude. every passenger is recommended to use oxygen and that, during the whole time in which the aircraft is flying a.t an altitude exceeding 13,000 feet above mean sea level, oxygen is used by every member of the crew of the aircraft. .~4. Operation of radio in a.ii'eraft (1) The radio station in an aircraft shall not he operate(l whether or not the aircraft is in flight, except in accordance with the conditions of the license issued in respect of that station under the law of t.he country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law. . (2) Whenever an aircraft is in flight in such circumstances that it is required by or under these. Regulations to be equipped with radio communication apparatus, a continuous radio watch shall be main- tained on such frequency as is for the tinie being in use for the pur- pose of sending messages to that aircraft by the air-around control radio station serving the airspace in whi~1i the aircraft is flying. Provided that radio watch may be discontinued during such period as may be approved for that purpose by a sigiial received from that station. (3) The radio station in an aircraft shall not be operated so as to cause avoidable interference with. or otherwise to impair the ef- PAGENO="0164" 1566 AIR LAWS AND TREATIES OF THE WORLD ficiency of, aeronautical telecommunications, and in particular emis- sion shall not be made except as follows: (a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical prac- tice, in the airspace in which the aircraft is flying; (b) distress, urgency and safety messages and signals, in ac- cordance with general international aeronautical practice; (c) messages and signals relating to the flight of the aircraft 111 accordance with general international aeronautical practice; (d) such public correspondence messages as may be permitted by or under the aircraft. radio station license referred to in paragraph (1) of this Regulation. (4) In every aircraft which is equipped with radio communication apparatus a telecommunication log book shall be kept in which the following entries shall be made- (a) the identification of the. aircraft radio station: (h) the date and time of the beginning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained: (c) the date and time, and particulars of all messages and sig- nals sent or received, including in particular details of any distress traffic sent or received: (d) particulars of any action taken upon the receipt of a dis- tress sinnal or message: (e) j3articulars of any failure or interruption of radio com- municat inn.~ and time m~iiise thereof. The flight radio operator maintaining radio watch shall sign the entries in the telecommunication log book indicating the times at which he began and ended the maintenance of such watch. Provided that a. telecommunication log book shall not. be required to be kept in respect. of communication by radiotelephony with an aero- nautical radio station. (5) The telecommunication log book shall be preserved by the operator of the aircraft until a date six months after the date of the last. entry therein. 35. Tow n.g and piclcing Vp of person-s and articles (1) Subject to the provisions of this Regulation. an aircraft in flight shall not, by means external to the aircraft, t.ow any article, or pick up or raise any person, animal or article, unless t.he certificate of airworthiness or validation in force in respect of that aircraft includes an express provision that the aircraft may be used for that purpose. (2) An aircraft in flight shall not t.ow any article, at. night or when flight visibility is less than one mile. (3) Nothing in this Regulation shall- (a) prohibit the towing in a reasonable manner by an aircraft in flight, of any radio aerial, any instrument which is being used for experimental purposes or any signal, apparatus or article required or permitted by or under these Regulations to be towed or displayed by an aircraft in flight; (b) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life. PAGENO="0165" AIR LAWS AXD TREATIES OF THE WORLD 1567 36. Droppng of pci'sons and ait~c7cs (1) Articles an animals (whether or not attached to a parachute) shall not be droppech or permitted to drop, from an aircraft in flight so as to endanger persons or property. (2) Articles, animals and persons (whether or not~ attached to a parachute) shall not be dropped. or permitted to drop. to the surface from an aircraft flying within the territories of Kuwait. Provided that this paragraph shall not apply to the descent of per- sons by parachute from an aircraft in emergency, nor to the dropping of articles by, or with the authority of, the commander of tile aircraft in tile following circumstances: (a.) the dropping of articles for the purpose of saving life; (b) tile jettisoning, in case of emergency, of fuel or other arti- cle in tile aircra.ft.; (c) the dropping of material for agricultural, public health or similar purposes, if the certificate of airworthiness in force in respect of the aircraft includes an express provision that the aircraft may be so used: (d) the dropping of articles solely for the purpose of navigat- ing the aircraft in accordance with ordinary practice or with the provisions of these Regulations; (e) tile dropping, in a place appointed for that purpose by the person ill charge of an aerodrome, of banners or similar articles used in towing: (f) the dropping of persons or articles in accordance with a special permission in writing granted b the Administration and subject to any conditions or limitations imposed in such Per- mission. (3) For tile purposes of this Regulation dropping includes project- ing and lowering. 37. Cct~rm~ag~ of munitions of war (1) An aircraft shall not carry ally munitions of war. (2) It shall be unlawful for any person to load or cause to be loaded Ofl board an aircraft, or to deliver or cause to be delivered for loading thereon, any goods which he knows or has reason to believe or suspect to be munitions of war. (3) For the purposes of this Regulation "munitions of war" means such weapons and ammunition as are designed for use in warfare. 38. Carriage of danqerous goods (1) Dangerous goods shall not be carried ill an aircraft except as follows: (a) goods carried with the written permission of the Admin- istration, and in accordance with any conditions to winch such permission may be subject; (b) goods carried ill an aircraft with the consent of tile opera- tor thereof for the purpose of ensuring tile proper navigation or safety of the aircraft or the well-being of any person on board; c ) goods permitted to be carried under the laws of the Country in which the aircraft is registered, if there is ill force in relation to such country an agreement between the Government of His Highness the Emir and the government of that country permit- PAGENO="0166" AIR LAWS AND TREATIES OF THE WORLD 1568 ting the carriage of dangerous goods within Kuwait in aircraft registered in that country. (2) Dangerous goods permitted by or under this Regulation to be carried in an aircraft shall not be loaded in the aircraft as cargo to be carried therein unless the consignor of the goods has clearly marked the goods or the container in which they are contained with a label or stencil indicating the identity of the goods and the nature of the danger to which they give rise, and has furnished the operator of the aircraft with a consignment note stating such identity and danger. The operator shall notify the commander of the aircraft of the identity and dangerous nature of the. goods, and of the weight or quantity thereof. before the goods are taken on board the aircraft. (B) It shall 1 e unlawful for ally person to load or cause to be. loaded on hoard an aircraft. or to deliver or cause to be delivered for loading thereon, any goods which he knows or has reason to believe or suspect to be. dangerous goods the carriage of which is prohibited by this Regulation. (4) The provisions of this Regulation shall be additional to and not in derogation from the. provisions of Regulation 3T of these Regulations. 39. Jhthod of crii'i';age of ~Ei$OflS Ttxcept with a special permission in writing granted by the Ad- ministration and subject to any conditions or limitations imposed in such 1)eI'missiolI. a pei'son shall not be in or on any part of an aircraft in flight which is not a part designed for the accommodation of per- sons and in particular a I)so1~ shall not be on the wings or under- carriage of an aircraft. A erson shall not. be in or on any object towed by or attached to an aircraft in flight.. Provided that a person may have temporary access to- (a) any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person or goods in the aircraft (b) any part of an aircraft. in which cargo or stores are carried, being a part whwh is designed to enable. a person to have access thereto while the aircraft is in flight. 40. Impcrillii~g ~ufcty of aucraft A person shall not wilfully or negligently act. in a manner likely to imperil the safety of an aircraft or of any persoli therein. 41. ~Veglgen.t flyi~ng of arcraft A person shall not wilfully or negligently cause or permit an aircraft to imperil the safety of any person or property. 42. Diun1~ei~ness in aircraft (1) A person shall hot enter any aircraft when drunk, or become drunk in any aircraft. (2) A person shall not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be in a condition in which his capacity so to act is impaired by reason of his having taken any intoxicating liquor or having taken or used any sedative, narcotic or stimulant drug or preparation. PAGENO="0167" AIR LAWS AND TREATIES OF THE WO1~LD 1569 4S. Smoking in aircraft A person shall not smoke in any compartment of an aircraft registered in Kuwait at a time when smoking is prohibited in that compartment. by a notice exhibited in accordance with Regulation 15. 44. Authority of commander of aircraft Every person in an aircraft registered in Kuwait shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation. PART V. DOCrMEXTS 45. Documents to be carried (1) An aircraft shall not fly unless it. carries the documents which it is required to carry under the law of the country in which it is registered. (2) An aircraft registered in Kuwait shall, when in flight, carry documents in accordance with the eleventh schedule to these regula- tions provided that, if the. flight begins and ends at the same aero- drome and does not. include passage over the territory of any country other than Kuwait the documents may be kept at the aerodrorne in- stead of being carried in the aircraft. 46. Prodvetion of docum~en ts (1) The commander of an aircraft. shall, within a reasonable time after being re(fuested to do so by an authorised person, cause to be pro- duced to that 1I~~fl.: (a) the certificates of registration and airworthiness in force in respect of the aircraft.: (b) the licences of its flight crews: (c) such other documents, in the case of an aircraft registered in Kuwait as the aircraft is required by Regulation 45 of these regulations to carry when in flight, or in the case of an aircraft not so registered, such documents as correspond thereto, being docu- ments which the aircraft is required to carry under the law of the country in which it is registered. (2) The operator of an aircraft registered in Kuwait shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents as may have been requested by that person being documents which are required, by or under these Regulations, to be in force or to be carried or 1)reserved: (a) the documents referred to in the Eleventh Schedule to these Regulations as Documents, A, B. G and K; (b) in the case of a public transport aircraft. or aerial work aircraft, the documents so referred to as Documents D, E and F and the records relating to the flight, crew required by paragraph S of Section II of the Ninth Schedule to these Regulations to be maintained: (c) the aircraft log book, engine log books and variable pitch propeller log books required under these regulations to be kept; (d) the weight schedule. PAGENO="0168" 1570 AIR LAWS AND TREATIES OF THE WORLD (3) The holder of a licence granted or rendered valid under these regulations shall, within a reasonable time after being requested to do so by an authorised person, cause to be. produced to that person his licence, including any certificate of validation. (4) Every person required by Regulation 23 of these Regulations to keep a personal flying log book shall cause it to be produced within a reasonable time after being requested to do so by an authorised person within two years after the date of the last entry there.in. 47. Cancellation ~us pension, endorsement and variation docnments (1) The Administration may if they think fit provisionally suspend any validation or other document granted by them under these Regu- lations1 pending investigation of the case. The Administration may, on sufficient ground being shown to their satisfaction after due en- quiry, cancel, suspend or vary any such validation or other document. (2) The holder or any person having tile possession or custody of any validation or other document. which has been cancelled, suspended or varied under t.hese Regulations shall surrender it to the Adminis- tration within a reasonable time after being required to do so by them. 48. Offences in relation to docwiments (1) A person shall not with intent to deceive: (a) forge. alter, assist in forging or altering, or procure to be forged or altered, any certificate, licence or other document issued or required by or under these Regulations; or (b) use any such certificate, licence or other document which has been forged. altered, cancelled or suspended or to which he is not entitled; or (c) lend any certificate, licence or other document issued or required by or under these Regulations to, or allow it. to be used by, any other person; or (d) make, assist. in making, or procure to be mad2, any false representation for the purpose of procuring for himself or any other person the grant., issue, renewal or variation of any such certificate, licence or other document. (2) A person shall not. wilfully mutilate, alter or render illegible any log book or other record re.quired by or under these Regulations to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under these regulations to be preserved. All entries in such log books and rec- ords shall be made in ink or indelible pencil and pages shall not be re- moved from any such log book. (3) A person shall not wilfully or negligently make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet. (4) A person shall not purport to issue any certificate of mainte- nance or other certificate unless lie is authorised to do so under these Re~ulations. (5) A person shall not issue any such certificate as aforesaid unless lie has satisfied himself that. all statements in the certificate are cor- rec.t. PAGENO="0169" AIR LAWS AND TREATIES OF THE WORLD 1571 PART VI. CONTROL OF AIR TRAFFIC 49. Rules of the Air and Air Traffic Control (1) Subject to the provisions of paragraph (2) of this Regulation the Rules of the Air and Air Traffic Control contained in the Twelfth Schedule shall not be contravened. (2) It. shall be lawful for the Rules of the Air aiid Air Traffic Con- trol to be departed from by any person or aircraft to the extent neces- sary for avoiding immediate danger and for complying with the law of any country within which the aircraft. then is. (3) If any departure from the Rules of the Air and Air Traffic Control is made by an aircraft. for the purpose of avoiding immediate danger, the commander of the aircraft. shall cause written particulars of the departure, and of the circumstances giving rise to it. to be given within ten days thereof to the competent authority of the State in whose territory the departure was made, or if t.he departure was made over the high seas, to the Administration. (4) Nothing in the Rules of the Air and Air Traffic Control shall exonerate any person from the consequences of any neglect of any precautions required by ordinary aviation practice or by the special circumstances by the case. PART VII. AERODROMES 50. Restrictio~w of landing places An aircraft shall not use as a place of landing or departure in the territories of Kuwait any place other than an aerodrome or aerodromes at Kuwait. Provided that this prohibition shall not apply to a landing due to accident, stress of weather or other unavoidable cause. 51. Use of aerodroimes Every aircraft making use of the aerodroine or aerodromes at Ku- wait shall comply with the requirement of the controlling authority at that aerodrome respecting such use. 5~. Application of laws and regulations in force in Kuwait Subject to the provisions of these Regulations, the laws and regula- tions for the t.ime being in force in Kuwait. concerning the entry into and the departure from the territories of Kuwait., of persons by sea and land and concerning the importation into and the exportation from the territories of Kuwait. of goods by sea and land shall apply respectively to the entry and departure. of persons and the importa- tion and exportation of goods by air. 53. Notification of time of arrival for purposes of Custom~s P'ublk Health and Police Administrations Prior notice of the time of the intended arrival of an aircraft from abroad at any Kuwait aerodrome and of departure of an aircraft for abroad from any Kuwait aerodrome shall be given to the Customs, Public Health and Police Administration of Kuwait. 54. Application, of Public Health Regulations Every aircraft, and the persons on board, shall immediately on landing in the territories of Kuwait from abroad and prior to depar- PAGENO="0170" 1572 AIR LAWS AND TREATIES OF THE WORLD ture from those territories for abroad, submit to the sanitary formali- ties laid down by the Public Health Administration of Kuwait. 55. Passports Persons on board an aircraft in the territories of Kuwait shall be in the possession of valid national passports or equivalent documents and shall produce them on demand to any authorized person. Through passengers not breaking journey will not require transit visas. Pas- sengers breaking journey, or leaving the a.erodrome will need visas issued by, or on behalf of the Responsible Quarters. PART VIII. GENERAL 56. Power to prevent aircraft flying in contravention of the regula- tio~n-s or while unfit for flight (1) If it appears to an authorised person that any aircraft is in- tended or likely to be flown: (a.) in such circumstances that the flight would be in contraven- tion of the provisions, or any provision, of Regulations 1,3,5,6,19, ~O.~1.3T or of the conditions governing the use of aerodromes at Kuwait: or (b) in such circumstances that the flight would be. in contraven- tion of any other provision of these Regulations and be a cause of danger to persons in the aircraft, or goods carried for hire or re- ward therein or to other persons or property on land or water or in the air: or (c) while in a condition unfit for flight., whether the flight would otherwise be in contravention of any provision of these Regulations or of the aforesaid conditions or not; such authorised person may give such instructions and take such steps b way of detention or otherwise as appear to him necessary in order to prevent, the. flight. (~) For the purposes of paragraph (1) of t.his Regulation the aircraft may be inspect ed by an authorised person. (3) If any person contravenes any instructions given under para- graph (1) of this Regulation. he shall be deemed to have contravened these Regulations and if any aircraft. flies in contravention of any such instructions. or notwithstanding any steps taken by way of detention or otherwise in order to prevent, the flight, it shall be deemed to have failed to comply with these Regulations. 57. Right of access to aerodromes and other places Any person authorized in writing by t.he Administration shall have the right of access at all reasonable times by day or night: (a) to any aerodrome for the purpose of inspecting the aero- drome. (b) to any aerodrome for the purpose of inspecting any air- craft on the aerodrome or any document which he has power to demand under these Regulations, and for the purpose of detaining any aircraft under the provisions of these Regulations, and (c) to any place where an aircraft. has landed, for the purpose of inspecting the aircraft. or any document. which he has power to demand under these Regulations and for the purpose of detain- ing the aircraft under the provisions of these Regulations. PAGENO="0171" A~F~ LAWS AND TREATIES OF THE WORLD 1573 .58. Obstractioi~ of authw~sedpeisons No person shall obstruct or impede any person acting in exercise of his powers or the performance of his duties under these Regulations. 59. Penalties (1) If any aircraft fails to comply with these Regulations or if any act is committed in or in respect of, the aircraft in contravention of these Regulations, the operator and commander of the aircraft shall be deemed to have contravened these Regulations, unless lie proves that the contravention or default: (a) was due to accident, stress of weather or other unavoidable cause; or (b) took place without his actual fault or privity. (2) Any person who contravenes or fails to comply with these Regulations shall be guilty of an offence, and, without prejudice to *ny other or higher penalty which may beiinposed in respect of the same act. of omission under any other law or regulation, shall be liable, on conviction, to imprisonment~ for a period not exceeding six months or to a fine not exceeding 1000 rupees or to both such imprison- ment and fine. 60. Application of Regulatio'n$ These Regulations apply to: (a) all aircraft registered in Kuwait wherever they may be, (b) all other aircraft when within Kuwait. 61. Zntei'pitation In these Regulations unless the context otherwise requires: "Aerial Work" means any purpose other than the carriage of per- sons or goods, for which an aircraft is flown, if hire or reward is given or promised in respect of the flight or the purposes of the flight; "Aerial work aircraft" means an aircraft flying or intended by the operator to fly, for tile purpose of aerial work; "Aerobatic manoeuvres" includes loops, spin rolls, bunts, aileron turns, stall turns and any other similar manoeuvres: "Aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for tile landing and departure of aircraft; "Aerodrome traffic zone" in relation to ally aerodrome means the air- space extending from aerodrome level to a height. of 2.000 feet over the area comprising the aerodrome and the surrounding land or water within a distance of 3.000 yards of its boundaries. `~Aeronautica1 Radio station" means a radio station on land or aboard ship providing a service for aircraft radio stations; "Aeroplane" means a flying machine supported in flight by fixed wings; "Aircraft radio station" means a radio station on board an aircraft; "Air-ground Control radio stat ion" means an aeronautical radio station having pnmaly responsibility for Iiancll ing communications peitainilig to the operation and control of aircraft in a given area. "Air traffic control unit" means a person or body of peisoi~s ap- pointed by the Administration or by any other person maintaining an aerodrome to provide air traffic control service; PAGENO="0172" 1574 AIR LAWS AND TREATIES OF THE WORLD "Air transport undertaking" means a person whose usual business, includes the carriage of persons or goods by air for hire or reward; "Alternate aerodrome" means an aerodrome selected prior to take- off to which a flight may proceed when landing at the intended destina- tion becomes inadvisable; "Authorised person" means a person autliorised in writing by the Administration for any purpose under these Regulations; "Certificate of airworthiness" includes any validation thereof and any flight manual or performance schedule relating to the Certificate of Airworthiness and issued, approved or rendered valid under the law of the country in which the aircraft is registered; "Commander" in relation to au aircraft means the member of the flight crew designated as uonimander by the operator of the aircraft or failing such person, the pelsoui who is for the time being the pilot in charge of the aircraft: "Competent Authority" means in relation to Kuwait the Civil Air Administration, and in relation to any other country the authority responsible under the law of the country for promoting the safety of civil aviation. "Contracting State" means any State which is a party to the Con- vention; `Control Area" means airspace which has been notified as such, and which extends from a notified altitude above mean sea level; "Controlled airspace" means control areas and control zones; "Control Zone" means airspace which has been notified or such and which extends upwards from the surface; "The Convention" means the Convention of International Civil Aviation signed at Chicago on the seventh day of December, nineteen hundred and forty-four; and in respect of which Kuwait's instrument of a(lherence was deposited on May 17th, 1960. "Co-pilot" in relation to an aircraft means a pilot who in performing his duties as such is subject to the supervision of another pilot carried in the aircraft.; "Crew" Ever-v person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof; "Dangerous goods" means any explosive substance and any other goods (whether explosive or not) which by reason of their nature are liable to endanger the safety of the aircraft or of persons on board the aircraft: "Duty" includes any function undertaken or performed, whether or not in pursuance of a legal obligation: "Flight" An aircraft shall be deemed to be in flight from the mo- ment when, after the embarkation of its crew for the purpose of taking off it first. moves under its own po~ver, until the moment when it next comes to rest after landing and the expressions "a flight." and "to fly" shall be construed accordingly: "Flight Crew" The flight, crew of an aircraft shall consist of those members of the crew who respectively undertake the duties of pilot, flight navigator, flight engineer and flight radio operator: "Flight Information Region" means airspace notified as such, as be- ing a region within which flight information and alerting services are provided: PAGENO="0173" AIR LAWS AND TREATIES OF THE WORLD 1575 "Flying Machine" means an aircraft heavier than air and having means of mechanical propulsion; "General Classification of Aircraft". The expressions appearing in the General Classification of Aircraft set forth in the Thirteenth Sched- ule to these Regulations shall have the meanings therein indicated; "Glider" means an aircraft heavier than air not fixed to the ground and having no means of mechanical propulsion, but having means of directional control; ~`Goods" includes mails and animals; "Helicopter" means a flying machine supported in flight by rotating wings; "Kite" means a non-mechanically driven aircraft, heavier than air, moored to or towed from the ground or water; "land" and "landing" in relation to aircraft include alighting on the water; "Licence" includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted; "Modification" includes any change in the type of engines, or of the components, instruments, accessories, equipment or apparatus of an aircraft or its engines or any part of such engines, components, instru- ments, accessories, equipment or apparatus; "Nautical Mile" means a distance of 0,080 feet; "Operator" in relation to an aircraft means the person entitled for the time being to fly the aircraft, or. if that person is the servant or agent of another person and is acting in the course of his employ- ment such other person; "Pilot in command" means a person who for the time being is in charge of the piloting of an aircraft, without being under the direc- tion of any other pilot in the aircraft; "Private flying" means flying for any purposes other than public transport or aerial work; "Privilege" means a right conferred by a licence entitling the holder of the licence to perform any function to which the licence relates; "Public transport." For the purposes of these regulations an air- craft in flight shall be deemed to fly for the purpose of public trans- port if: (a) hire or reward is given or promised for the carriage of persons or goods in the aircraft; or (b) hire or reward is given or promised for the right to fly the aircraft; or (c) persons or goods are carried gratuitously in the aircraft by an air transport undertaking, Provided that: (1)for the purpose of Part III and Part IV of these Regula- tions, hire or reward shall not be deemed to he given or promised by reason of a payment being made or promised to a flying club by a member thereof; (2) for the purpose of Part III and Part IV of these Regula- tions an aircraft shall not be deemed to fly for the purpose of public transport solely by reason of hire or reward being given or promised for the right to fly the aircraft; PAGENO="0174" 1576 AIR LAWS AND TREATIES OF THE WORLD (3) Paragraph (c) shall not apply if the aircraft carried only: (i) persons in the. employment of the undertaking (in- chiding, in the case of a body corporate, its Directors and, in the case of an Airway Corporation, members of the Cor- poration); (ii) if the undertaking is a flying club, members of the club; (iii) goods intended to be used by any such person as afore- said. or by the undertaking; `Public Transport aircraft" means an aircraft flying or intended by the operator of the aircraft to fly. for the purpose of public transport; "Radio" is to be interpreted as a general term applied to the use of electro-magnetic waves of frequencies between ten kilocycles a second and three million rnegacycles a second: "Radio apparatus" mc] ndes all apparatus, including any ancillary equipment, for sending and receiving by means of radio; "Radio Navigation apparatus" means radio apparat.us designed to assist the. navigation of aircraft: "Rating" means an entry in a licence specifying a privilege or limit- ing the effect of a privilege: "Repair" in relation to any part of an aircraft or of its equipment includes replacement "Schedule journey" means one. of a series of journeys which are undertaken between the same two places and which together amount to a systelllati( servi(e o1~eraI (`(I in sub a manner that the bene~ts thereof are available to members of the public from time to time. seeking to take advantage of it and does not include a journey made for any of the following purposes: (a) the carriage of passengers for the sole purpose of instruct- ing them in flying or the duties of flight crews; (b) the carriage of passengers or goods for the sole purpose of providing an air ambulance or rescue service; (c) the carriage, in accordance with arrangements approved by the Administration as being in the public interest, of a party of passengers and their baggage (if any) upon a series of three or more journeys organised as a. tour for the common enjoyment of those passengers; "Steward" means a member of the crew of an aircraft other than a member of the flight, crew, charged with duties concerned with the safety of passengers in flight and in emergency and includes stewardess; "Surface" means the surface of the ground or water and includes any person or thing on the ground or water; "Territories of Kuwait" means the territories of His Highness the Ruler of Kuwait to~etlier with their territorial waters; "Schedules" shall he the technical schedules approved by the Kuwait Government at the date of issue of these Re~ilations and t.o be made available in printed form at the Civil Aviation Department. PAGENO="0175" LAOS LAW To PROVIDE CONTINUITY OF LEGISLATION ENACTED PRIOR TO CoNsTn~m'Iox.' WE, SOMDET PHRACHAO SI5AVANG Voxo. KING OF LAOS In consideration of the Constitution of the Kingdom of Laos of May 11, 1947 and its amendments as published on September 14, 1949; In consideration of the French-Laotion General Convention and the Annexed Conventions of July 19, 1949 and February 8, 1950; In consideration of the Royal Decree No. - of June 14, 1950 pertaining to the reorganization of the Council of Hosana Luang and determining the competencies of the Ministries of the Kingdom; In consideration of the Royal Decree of February 12, 1950 per- taining to the appointment of the members of the Royal Government.: In consideration of the Law No. 83 of January 19, 1951 per- taining to the validity of regulations issued prior to the publica- tion of the Constitution of the Kingdom: And upon deliberation and adoption on the part of the Na- tional Assembly; And upon hearing the Council of the King; ORDER Article 1. Throughout t.he entire territory of the Kingdom of Laos, the Law No. 83 of January 19, 1951, pertaining to the validity of regulations issued prior to the publication of the Constit.ution of the Kingdom, is made public. Article 2. Our Prime Minister is responsible for the execution of this Decree. Luang-Prabang, February 10, 1951. Law No. 83 of January 19, 1951 pertaining to the validity of requla- tions issued prior to the pnblication. of the Constitution of the Kingdom.. made public pursuant to the Royal Decree No. 33 of February 10, 1951. Only Article. As a temporary measure., the regulations of any kind which have been applied in the territor of the Kingdom, in accord- ance with the Law, before t.he Constitution of the. Kingdom was made public, will continue to be valid. In their application, the transfers of competencies carried out pursuant. to the General Con~~e.ntioii of July 19, 1949 and of the Interstate Conventions of December 26, 1950 ~ English text supplied by the Government of Laos. 1577 PAGENO="0176" 1578 AIR LAWS AND TREATIES OF THE WORLD will have to be taken into account. This applies to all the matters that have not yet been regulated by legislative or administrative action taken in accordance with the conditions laid down in the Constitu- tional Law No. 39 of March 8, 1949. Crsl'oMs AIRPORTS AND HYDROPLANE PORTS ROYAL DECREE No. 101 WE, SOMDET PHRACIIAO SISAVANG VONG, KING OF LAOS In consideration of the Constitution of the Kingdom of May 11, 1947 as amended by the National Congress on September 14,1949; In consideration of the General Franco-Laotian Convention of July 19, 1949 as supplemented by the Convention-Annexes of Feb- ruary 6, 1950, and the Interstate Conventions of December 26, 1950; In consideration of the Royal Decree No. 132 of June 14, 1950 pertaining to the reorganization of t.he Council of Hosanam- Luang; In consideration of t.he Royal Decree No. 286 of November 23, 1951 pertaining to the appointment of the Members of the Gov- ernment; In consideration of the Law No. 83 of January 19, 1951 per- taining to the validity of the regulations issued prior to the pub- lication of the Constitution of the Kingdom pursuant to the Royal Decree No. 33 of February 10, 1951; In consideration of the Royal Decree No. 296 of December 27, 1951 pertaining to the Regulations concerning the Customs and the Foreign Trade; In consideration of the Administrative Order of January 23, 1942 pertaining to the creation of a customs airport in Indochina, and notably of its Article 7; In consideration of the combined text of the Administrative Orders of May 10, 1935 and May 14, 1949 amending the list of the customs airports as appearing in the Appendix of the Admin- istrative Order of January 22 [1942], mentioned above; In consideration of the letter No. 533/AC/ECO of Janu- ary 31, 1951 of the Commissar of the French Republic in Laos, On the motion of Our Minister of Finance; ORDER Artlele 1. Article 7 of the Administrative Order of January 22, 1932 is amended as follows, in regard to Laos; New Article: The Laotian airports with customs service will be de- termined by the its list annexed hereto. Any change in the determination of the airports as announced by this list will be fixed by Royal Decree. Article ~. Our Minister of Finance is responsible for the execution of this Decree. PAGENO="0177" AIR LAWS AND TREATIES OF THE WORLD 1579 List of the airport8 having customs services and of the bases of seaplanes in Laos provided with oustom~ services Province Operating methods and hours of the Corn- Customs Services ments I. Airdromes provided with a perma- Non-existent nent service. 2. Airdromes provided with a non- permanent service: . Vientiane Seno 3. Bases of seaplanes provided with a permanent service. 4. Bases or ports for seaplanes not pro- vided with a permanent service. -. ~ientiane Savannakhet (The customs agents do not stay at the -~ airport; they will havetobe sent for by telephone. Non-existent do (I) 1 The services rendered at the airport will have to be compensated inasmuch as the verification of goods Is concerned by the payment of the fees for the work done outside the regular quarters, according to the tariff fixed by the regulations in force. In the same way, the services rendered outside tile normal hours as well as on Sundays and holidays will have to be compensated inasmuch as the verification of goods is concerned, by the payment of the fees for- the work done outside the regular hours, according to the tariff fixed by the regulations in force. Approved to be annexed to the Royal Decree No. 101 of April 2, 19~2. ROYAL DECREE No. 372 of December 1, 1953 Pertaining to the validity of the regu-lation.s concerning civil and coin- mercial aviation within the territory of Laos. WE, SOMDET PHRAOHAO SISAVANG VONG, KING OF LAOS In consideration of the Constitution of Laos of May 11, 1947 as amended on September 14, 1949 and March 22, 1952; In consideration of the General Convention of July 19, 1949; In consideration of the Interstate Convention of December 26, 1950; In consideration of the Royal Decree No. 100 of April 2 per- taining to the reorganization of the Council of Ministers: In consideration of the Royal Decree No. 132 of May 8, 195~ pertaining to the appointment of the members of the Royal Government; In consideration of the Law No. 83 of January 19 [1951] per- taining to the validity of regulations issued prior to t.he publica- tion of the Constitution; In consideration of the Transfer Agreement pertaining to Civil Aviation and Landing Fields to the Royal Government of Laos of September 12, 1953; WE ORDER Article 1. As a temporary measure, the regulations valid on the day of the transfer of the competencies in the fields of civil and commercial aviation will continue to be valid on the territory of the Kingdom. Article ~. The Prime Minister, President of the Council, Minister of Public Works, of the Mails and of Telecommunications is respon- sible for the execution of this Decree. 39-737-65-vol. II-12 PAGENO="0178" 1580 AIR LAWS AND TREATIES OF THE WORLD By order of His Majesty, the King of Laos, the Prime Minister, President of the Council, Minister of Public `Works, of the Mails and of Telecommunications. THE PRESIDENT OF THE COUNCIL OF MINISTERS No. 236/PC Requirement for Airlines To Furnish Operation Statistics ADMINISTRATIVE ORDER THE PRIME MINISTER AND PRESIDENT OF THE COUNCIL In consideration of the Royal Decree No. 100 of April 2, 1952 pertaining to the organization of the Council of the Ministers of the Kingdom: In consider'ation of the Royal Decree No. 104 of March 12, 1954 pertaining to the appointment of the Members of the Royal Government; In consideration of the Royal Decree No. 238 of November 7, 1952 pertaining to the organization of the General Planning Commission, particularly of its Articles 17 and 19; In consideration of the Agreement. concerning the. Transfer of Civil Aviation and of the Airfields to the Royal Government of Laos of September 12. 1953; In consideration of the Administrative Order No. 312/PC of September 23, 1953, placing the Civil Aeronautics Service under the authority of the General Planning Commissar; In consideration of the Administrative Order No. 360/PC of November 23, 1953 pertaining to the appointment of the Delegate of the General Planning Commissar for the Civil Aviation of Laos; Upon the motion of the General Planning Commissar; ORDERS Article 1. In regard to the application of the conditions of the offi- cial proceedings of the tra.nsfer of the competencies in matters con- cerned with Civil Aviation, between the Director of Civil Aviation in Indochina on t.he one hand, and the Director of Civil Aviation in Laos on the other hand, every coimnercial airline established within the Territory of Laos and doing business there, will have to forward its operational statistics to the Director of Civil Aviation in Laos, in ac- cordance with the rules which that Administration will determine. Article ~. Every request for commercial airline operation within the territory of Laos implies the knowledge and acceptance of Article 1 of this Administrative Order. Article ~9. The non-compliance with the rules of Articles 1 and 2 will lead to the annulment of the operating licenses that have been granted by the Director of Civil Aviation in Laos since September 12, 1953, or previously, with the approval of the Government of Laos. PAGENO="0179" AIR LAWS AND TREATIES OF THE WORLD 1581 Article 4. The Director of the Cabinet of the President of the Coun- cil, the General Planning Commissar, the Delegate of the General Planning Commissar for the Civil Aviation of Laos are responsible- each one within his competency-for the execution of this Adminis- trative Order. Vientiane, July 2, 1954 THE PRESIDENT OF THE COIJNCIL OF MINISTERS No. 237.PC Requirements to Operate a Domestic Airline ADMINISTRATIVE ORDER THE PRIME MINISTER AND PRESIDENT OF THE Corn~crL In consideration of the Royal Decree No. 100 of April 22, 1952. pertaining to the organization of the Council of Ministers of the Kingdom; In consideration of the Royal Decree No. 104 of March 18, 1954, pertaining to the appointment of the Members of the Royal Government; In consideration of the Royal Decree No. 238 of November 7, 1952, pertaining to the organization of the General Planning Commission, particularly of its articles 17 and 19; In consideration of the Convention regarding the Transfer of Civil Aviation and Landing Fields to the Royal Government of Laos of September 12, 1953; In consideration of the Administrative Order No. 312/PC of September 23, 1953 which places the Civil Aviation Services un- der the authority of the General Planning Commission; In consideration of the Administrative Order No. 360/PC of November 23, 1953 pertaining to the appointment, of the Delegate for Civil Aviation of the General Planning Cominissar: Upon the motion of the General Planning Cominissar: ORDERS Article 1. Any company authorized to operate an internal air trans- port business in the Territory of Laos must have its organizational seat and its charter in Laos. Article 2. The Director of the Cabinet of the President of the Coun- cil, the General Planning Commissar, the Delegate for Civil Aviation in Laos of the General Planning Commissar, are responsible, according to their respective authorities, for the execution of this Administrative Order. Vientiane, July 2, 1954 PAGENO="0180" 1582 AIR LAWS AND TREATIES OF THE WORLD MINISTRY OF PLANNING, PUBLIC WORKS, TRANSPORTATION AND TELE- COMMUNICATION-GENERAL PLANNING COMMITTEE-DIREO-rOR OF CIVIL AVIATION Vientiane, December 23, 1954 No. 54-657/DACL/TA Classification : Air Transport Regulations of the Air Trai~sport of Dangerous and Contaminated Cargo Within the Territory of Laos These Regulations abolish and replace the Regulations for the air transport of dangerous and contaminated materials No. 714/DACI/ NA-2* of January 16, 1951. These Regulations for the air transport of dangerous and conta- minated materials include: First Part: General rules. Second Part.: Shipping authorization. Third Part: Explosive substances. Fourth Part: Ammunition. Fifth Part: Inflammable liquids. First Part GENERAL RULES Classification of Materials. 1.1.1. Materials the transport of which is considered dangerous either for reasons of security or of public health cannot be shipped by air, or can be shipped oniy under certain conditions. 1.2.1. The materials are grouped in six classes which are defined as follows: Class I: Substances capable of exploding Explosive substances Ammunition Fireworks Compressed, liquified or fluid gas, under pressure Substances that release inflammable gases or facilitate com- bustion upon contact with water. Class II: Substances subject to spontaneous inflammation. Class III: Inflammable substances, inflammable liquids, inflam- mable solids, substances supporting combustion. Class IV: Toxic substances. Class V: Corrosive substances. Class VI: Contaminated, repulsive or putrescent substances. NOTE.-These Regulations are concerned solely with the air trans- port of explosive substances, of ammunition, and of inflammable liquids; they are the substances most frequently shipped in Laos. Definition [?] of Categories. Within each class, t.he materials are divided into four categories: The category of a material may depend on the way in which it is packed. PAGENO="0181" AIR LAWS AND TREATIES OF THE WORLD 1583 The aim of this subdivision is to bring together within the same category all the materials that have transport restrictions of the same kind so as to permit a more rapid explanation of the precautions to be taken, particularly, for loading and shipping. The categories 1, 2, 3, aiid 4 are subject to more or less important restrictions. General Rules Concerning the Stability of the Packing. 1.2.1. The packing of liquids must be water-tight. The packing of powdery materials must not let these materials seep or pass through. 1.2.2. The packing must be able to resist the pressures that are apt to develop inside that packing. 1.2.3. In the case of a liquid, there must be left a sufficient filling margin so that the interior pressure may not, due to the action of heat and in view of the presence of air, have a chance of affecting the water-tightness. 1.2.4. Except in the case of contrary rulings contained in these Reg- ulations, the closings must be hermetic, strong, and able to resist the pressures that may develop inside the container. 1.2.5. As far as the application of the paragraphs 1.2.2., 1.2.3., and 1.2.4. above is concerned, it must be assumed that the temperature of the package while in transit may reach 50° C. 1.2.6. The materials which make up the packing and the closing must not be subject to deterioration by the contents nor be able to form any harmful combinations with same. 1.2.7. The packing must be able to resist normal shocks as well as those accidental ones that are apt to occur during air transport and handling. 1.2.8. The water-tightness or non-seeping condition nnd the shock- resistance may be required from two different pack ings: an inner water-tight packing and an outer shock-resistant packing. In that case, the inner packings must be carefully steadied and, if need be, solidly held within the outer packing by means of interposi- tion of substances which form a buffer. Whenever that requirement is set up by these Regulations, in the case of a material the spilling or scattering of which might. cause accidents or danger of any kind, the space between the inner pack- ing(s) and the outer packing must be filled with a substance which forms a buffer and which is capable of absorbing, in the case of t.he breaking of the inner packings, the total contents when these are liquid. The materials used for steadying and filling must not form any harmful combinations with the contents. The outer packing must be sufficiently water-tight. to retain the sub- stance and the filling and to afford it the time needed to absorb the contents before it flows outside. 1.2.9. Wooden barrels that do not consist of hardwood and are not held together by metal hoops are not considered water-tight. 1.2.10. All packings must be able to withstand-with its contents- a drop of oi~e meter twenty on a cem~n.t floor, `with out any deteriora- tion or deformation of the outer or inner pckin~ to sack an extent that they lose their water-tiqh tness. PAGENO="0182" 1584 AIR LAWS AND TREATIES OF THE WORLD Packages not exceeding 10 kg and containing substances which, whatever their packing may be. are not classified anywhere else but in the fourth category are exempt from that condition, except when they contain explosive materials, ammunition, fireworks, and com- pressed, liquefied or fluid gases under pressure. 1.2.11. Carboys or demijohns. whenever these Regulations author- ize their use, are also exempt from this condition. Their packing must, however, protect them efficiently against shocks and must give sufficient. stability. 1.2.12. When their use is authorized, bags must be able to resist that. test without opening, puncture. or tearing. Paper bags are exempt from this provision but will have to stand up during air transport or handling as has been set down in para- graph 1.2.7. above. 1.2.13. When the Regulations permit the use of packings of strong cardboard, they will have to be kept solidly closed by fastenings that are sufficiently resistant. They will have to pass the drop-test as indicated above without any deterioration, without any serious de- formatiom and without the occurrence of breaking or displacement of the inside packages. 1.2.14. Boxes of wood or plywood must. have a thicl~mess, reinforce- ments, and a method of assembling that are sufficient to resist the test of paragraph 1.2.10. The plywood boxes must be reinforced, par- ticularly along the edges and in the corners, by means of metal reinforcements. Precautions to be obsereed during the loading. 1.3.1. All packages containing dangerous materials must. be care- fully steadied or stowed: the same rule applies to all the other pack- ages contained in the same aircraft. 1.3.2. One should avoid, a.s far as it is at all possible: -placing packages containing dangerous materials belonging to different classes on top of each other. -placing such packages side by side: these packages should be separated by a space taken up by other packages which are to be carefully steadied or stowed. ]1a~im.um weg/it of packages. One should distinguish between: -packages that are to be rolled, -packages that can be lifted. 1.4.1 The weight of packages intended to be carried by hand miust not exceed se aen ty-five k2'ioq rams. Whenever the weight. of these packages exceeds 25 kg, they must be equipped with gripping devices (such as cleats, or handles for boxes) which make easy, shock-free handling possible. Cardboard boxes must not be used as onter packing except for boxes the gross-ta eight of which does- not exceed fifty kilograms. 1.4.2. Those packages that can be rolled by themselves must be equipped with rolling hoops except when the total gross weight does not exceed fifty kilograms. 1.4.3. Beyond the weight limits which are intended to avoid, during the handling~ an abnormal effort on the part of the personnel that might cause them to be handled badly and, particularly, might cause PAGENO="0183" AIR LAWS AND TREATIES OF THE WORLD 1585 the packages to be dropped, the present Regulations provide, in cer- tain cases, particularly for explosive substances and ammunition, a more rigid limitation intended to limit their live power and, conse- quently, the risks of explosion in the case of a fall, or to limit the damages in case a package breaks. Prohibition of loading together in one and the same aircraft. 1.5.1. It is forbidden to load into one and the same aircraft: 1.5.2. Explosive substances (mercury fulminate and trinitro-resor- cinol of lead) or ammunition (detonators or priming devices), with any other explosive material or any other ammunition. 1.5.3. Explosive substances or ammunition, with: -substances that, upon contact with water, release inflammable gases or facilitate combustion. -substances capable of spontaneous inflammation. -inflammable liquids. -inflammable solid substances. -comburent substances. -toxic substances. -corrosive substances. 1.5.4. Certain explosive substances (nitrated explosives of the aero- nautical series of an acid type) with objects or materials containing lead, either pure or in an alloy, or lead compounds ("minimum," white lead. etc.) 1.5.4. Phosgene (liquifled gas) with any other dangerous substance. [sic.] 1.5.5. Carburent substances, with: -substances capable of spontaneous inflammation. -inflammable liquids. -inflammable solid substances. 1.5.6. One should avoid loading into one and the same aircraft toxic substances or contaminated or pvtrescible substances together with packages that evidently contain foodstuffs. Prohibition or Limitation of Cargo in Aircraft Carrying Passengers. 1.6.1. It is forbidden to load any dangerous materials of the three first cateqories into an aircraft which carries passengers. 1.6.2. It is likewise forbidden to load any of the dangerous substances of the fourth categoi~y that are listed below: -explosive substances -ammunition -fireworks -compressed, liquified or fluid gases wheneve.r those gases are toxic -phosphorus, magnesium -toxic substances (all substances) -corrosive substances (all substances), except for batteries, pharmaceutical and drug products -contaminated, repulsive or putrescible substances (all sub- stances). 1.6.3. The loading of other dangerous substances of the fourth cate- gory is permitted provided: T64. That. the total weight of those substances does not exceed: -25 kg, for celluloid plates. sheets, pipes or rods, objects manu- PAGENO="0184" 1586 AIR LAWS AND TREATIES OF THE WORLD factured from celluloid and not having any special protection, films and raw materials for films. -50 kg, for the other substances of the fourth category, with the exception of compressed, liquified or fluid gas, under pressure. -75 kg, for calcium carbide. 1.6.5. That the total weight of the dangerous substances ca.rried in one and the same aircraft does not exceed three hundred kilograms. 1.6.6. When the loading of a dangerous substance into an aircraft carrying passengers is permitted in accordance with the conditions laid down in paragraph 1.6.4., then this substance must be kept in a compartment, or in a hold which is, at the same time, separated from the passengers and from the motors and, as a matter of fact, from all the pa.rts subject to heating. 1.6.7. Exemptions are granted for the shipping of movie films when the shipments are made under double packing, in metal containers held together solidly by means of a rigid frame acting as a vise, up to a limit of 100 kg, for passenger planes, and up to 150 kg, for cargo planes. These packages must be placed in a store room, and not in the pas- senger cabin. Finally, a certificate of the. sender is required, to the effect that the films are less t.han five years old. In any case, the packing condi- tions mentioned above refer oniy to the transportation of 35 mm film. The 16 mm films made of cellulose acetate are not inflammable and, consequently, are not considered dangerous substances; they do not require any special packing. Measures To Be Taken in Case the Congo Shonid Not Present Any Longer the Legal Guarantees While It Is in Transit. When the state of a cargo of dangerous or contaminated materials does not offer any longer, for any reason whatsoever (accident, shock, incident, damage to the packing), the safety guarantees prescribed by these Regulations, then the defects found must be remedied without the slightest delay. If such a discovery is made while the plane is in flight, and if the defects cannot be repaired, then the aircraft must land at. the nearest airport either to unload the substance when it. can be handled without any danger or to immobilize it in case t.he unloading is dangerous. If the state of t.he cargo can cause a grave danger (risk of explosion, poisoning) following the landing, t.hen it will be removed as far as possible from any building. In such a case, t.he sender should be ad- vised, as rapidly as possible, by the transport company and asked for his instructions. In case of urgency (danger, leakage or escape) the captain of the air- craft and t.he commander of the airport will take t.he indispensable security measures. PaeZr'ges That A re Kept by the Passenriers While in Transit. Passengers who travel in an aircraft are not permitted to carry dangerous materials on their persons. or in their hand baggage: 1.7.1. Military personnel and the members of the police force may, when they are on an official trip, carry their cart.ridges and their ex- plosives in their cartridge belt or knapsack, under the condition that a declaration be made out for the captain of the aircraft. PAGENO="0185" AIR LAWS AND TREAT1ES OF THE WORLD 1587 1.7.2. The travellers may carry their hunting ammunition, up to one hundred cartridges, under the condition that a declaration be made out to the captain of the aircraft. 1.7.3. Personal items and children's toys made of celluloid are permitted. 1.7.4. Officials who are holders of a special requisition may transport, in the interest of the government services and under their responsi- bility, dangerous materials, up to a maximum of 0.5 kg of substances of the first category, of 1 kg of substances of the second category, of 3kg of substances of the third and fourth categories. The names of the dangeraus substances transported in that manner must appear in their requisition document. 1.7.5. Members of the medical profession may carry in their bags or in their luggage those dangerous materials t.hat are required for the practice of their profession. The total amount carried in that manner must not exceed a net weight of one kilogram. A declaration must be made out for the captain of the aircraft. Second Part TRANSPORTATION PERMITS 2.1. Requests for transport permits for dangerous substances must be submitted by the transporting agency, i.e., by the Company operating the aircraft in charge of the transport (not by the sender). 2.2. Each transport must be made the object of a separate request which will have to reach the Director of Civil Aviation of Laos at least ~4 hours before the day of the transport. 2.3. Each request must indicate: -the exact nature of the material(s) -the total amounts to be transported (weight) -the number of the trips planned -the day of the planned trip -the type and registration of the aircraft -the airport of departure and the airport of destination. 2.4. VERY IMPORTANT. The Director of Civil Aviation of Laos requires from the transportation company a written stipulation of the insurance company covering the risles due to the presence of the dangerous materials on board the aircraft. These stipulations will have to be renewed before the Director of Civil Aviation of Laos when the policies valid at the time have ex- pired. 2.5. The permits for the transportation of dangerous substances by aircraft will be issued by the Director of Civil Aviation of Laos, in accordance with the form attached hereto. 2.6. The permits for the transportation of dangerous substances by aircraft-in the case of international or inter-state ffighLs-that have been issued by the Aviation Authorities of the country of departure are valid on the territory of Laos. 2.7. At those airports in Laos where the Director of Civil Aviation has no representative, the air transportation companies must inform the local military control agency of t.he execution of any transport of dangerous substances by aircraft. PAGENO="0186" 1588 AIR LAWS AND TREATIES OF THE WORLD 2.8. At the airports in Laos where there is no control agency, the air transportation firms carry out the transportation of daiigerous substances on their own initiative. 2.9. In the cases pursuant to paragraphs 2.7 and 2.8 of these Reg- ulations, the air transportation firms will have to apply obligatorily the rules set down by these Regulations, under their own respon-sibility. Third Part EXPLOSIVE SUBSTANCES Listing of substances. 3.1. First category: -Nitrocellulose of any kind, provided it is incompletely gela- t.inized and either dry or impregnated with less than 25% of an aqueous or alcohol-containing liquid. -Black powder for hunting, mining or war purposes. -Military explosives, whether or not loaded in cartridges, with a sodium chlorate, pot assium chlorate and ammonium perchlo- rate (`cheddit.e"). -Dynamite. -Mercury fulminate. -Nitrocellulose powders. 3.1.2. Second category: -Black saltpeter powders, lignite and sodium nitrate mining powders. -Nitro-explosives belonging to the aromatic series, whether acids or not. -Photogenic powders and powder mixtures if they are stable. 3.1.3. Third Category: -Safety explosives, i.e., those explosive substances that do not present am- danger of mass explosion by combustion or by shocks of the highest intensity that might occur during transit. Viz: -Nitrocellulose of any kind provided it is incompletely gelatinized and contains at least 25% of a liquid that may be either ethyl or butyl alcohol. -Paste of balistite [50% each of nitroglycerin and nitro- cellulose] (called: nitroglycerin powder pancakes). -D initrobenzene and similar explosives. -Explosives with ammonium nitrate base that contain less than 5% of nitroglycerine. 3.1.4. Fourth category: -Crystallized dinit rotoluene, i.e., dinitrotoluene which is not entirely liquid at temperatures exceeding 40° Centigrade. 3.3.2. The packing for nitrated explosives of the aromatic series that are acids must be free from lead or lead compounds in any form whatsoever particularly in the form of paint or varnish. 3.3.3. The cartridges or the dynamite balls must be packed in a first strictly water-tight wrapping of cardboard, wood, zinc, or rubber. The empty spaces between the cartridges will have to be filled thoroughly with oakum, shredded paper, wood shavings, or any other dry, powder-like or soft material that is capable of deadening shocks PAGENO="0187" AIR LAWS AND TREATIES OF THE WORLD 1589 and, of absorbing the nitroglycerin which might happen to leak out These first wrappings will be contained in a wooden box, or in a box made of plywood having a thickness of no less t.haii 5 mm. They will be safeguarded, in a manner to avoid all shaking, if necessary by means of wood shavings, or of any other dry material, powder-like or soft, as above. The boxes will be provided with cleats or with lateral non-metallic handles which will make it possible to get hold of them easily. The gross weight of a box of dynamite must not. exceed THIRTY FIVE kilograms. 3.3.4. The explosives timt have ammonitim nitrate base and contain nitroglycerin in a ratio of less than 5% must satisfy the requirements established for the packing of dynamite. Piokibition of Packing Toget/Ler in One Package. A package that contains explosive substances must. not contain a.ny other dangerous substances. Moreover, mercury fulminate cannot be packed together wit.h any other substance. Shipping. 3.4.1. Labe7s.-The packages must have a clearly visible inscription or label on the wrapping. with the wording. clepenclmg on the case: ~bExplosive subst ance"-"Dynamit.e". 3.4.2. 1I'~?ppcng declaration..-For those explosives that are subject to changes depending on the passage of time or on meteorological cir- cumstances (frost, etc.), particularly for dynamite when the date of manufacture antedates b-v more than three months that. of its presenta- tion for shipping, a certificate is required. This certificate must be demanded. This certificate must state specificaflv that, at the moment when it. was delivere(l to the. transport~llQ company. the explosive has not, ceased to present the. conditions of good quality ar~1 ~f good pack- ing as required for the recently manufactured substa~i~e. General Packing Conditions. 3.2.1. lVoocien barreis.-The. following may be packed in wooden barrels or casks: -the iiitra.ted explosives belonging to the aromatic series whether acids or not (second category). -the. pastes (third category). -the (linitrobenzenes and similar explosives (third category). The barrels or casks must be bound with hoops in such a way that they are sufficiently strong. Time barrels will have to have a second inner pa.cking which will consist either of a. rubberized ba.g or a bag made of jute or a similar textile, or of a sheet. of strong paper. That second packing must be such that it. resists any seepage of powdery content.s and any loss of any substance that must be shipped in a humid condition. The weight. of a barrel or cask must not. exceed three hundred kilo- grams. 3.2.2. Riqoron~iy tight metal harrels.-Incomplete.ly gelatinized nitrocellulose that. contains, at. least. 25~i- of water or ~ of ethyl or butyl-alcohol (third category) may be transported in barrels of gal- vanized or leached sheet. iron. These barrels must be water-proof amid alcohol-proof. They will have to be eqiuppeci with a. hermetic closure. which is able to give way to an internal plessllre of one. hundred bar. PAGENO="0188" 1590 AIR LAWS AND TREATIES OF THE WORLD Their weight must. not exceed one hundred and twenty kilograms (except in case of nitrocellulose with an alcohol base in which case the weight limit is extended to three hundred kilograms). 3.2.3. Boxes.-Any explosive substance may be packed in metal or wooden boxes that comply with t.he following rules: -The weight. of a box cannot exceed, under any circumstances, SEVENTY FIVE kilograms, for materials of the first and sec- ond category; or one hundred and twenty kilograms for mate- rials of the third and fourth categories. -The materials will be placed under a double wrapping. The inner wrapping or wrappings which have to rigorously water- tight. may consist. of a. bag (of canvas, rubber, leather, paper or cardboard) or of a wooden or metal box. PAGENO="0189" AIR LAWS AND TREATIES OF THE WORLD 1591 Special Packing Rules Applying to Certain. 3faterials. 3.3.1. The packing for black hunting powder, mining powder or military powder must not contain any piece made of iron or of steel. That certificate is compulsory in the cases of dynamite and mercury fulminate. Loading. 3.5.1. Complete prohibition of loading in an aircraft carrying pas- sen. geTs. 3.5.2. Arrangement of the pa.ch~ages.-TIie barrels and casks must not be placed on one of the floors but must be laid into the aircraft and strongly fastened. The boxes must. be laid flat, with the cover on top. In all cases, the packages must be laid down and handled with the greatest of care so as to avoid any shock or friction. 3.5.3. Limitation of the cargo.-The cargo of an airplane, as far as explosive substances of the first category are concerned, must not ex- ceed 80% of the normal cargo of the aircraft. 3.5.4. Prohibition of loading together.-It is forbidden to load, into one and the same aircraft: -Mercury fulminate, with any explosive substances and animu- nition of any category. -An explosive substance of the first category with another ex- plosive substance of the first category. -Explosive substances with: -substances that release inflammable gases upon contact with water -substances capable of spontaneous inflammation -inflammable liquids and solids -c.omburent, toxic, and corrosive substances. 3.5.5. Exem.ptions.-By way of exemption. explosives contained in cartridges, mine detonators and dynamites may be loaded together in one and the same aircraft under the following conditions: -the packages of explosives contained in the same aircraft must not exceed a gross weight of: -50 kg for the total amount of the packages contining dyna- mite and military explosives with a potassium chlorate, sodium chlorate and ammonium perchiorate base. -100 kg for the total amount of the packages containing black powder and explosives containing a high percentage of ammo- nium nitrate. -500 kg for the total amount of the packages containing black saltpeter powder and lignite of sodium nitrate mining powders. -t.ha.t the number of detonators must. not, exceed 1,000. and that the wrappings of these detonators are inclosed in a hermetically sealed and padlocked think. Fire Prevention Measures. 3.6.1. Arrangement of the handling sites and their access. 3.6.2. Fire extinguishers. 3.6.3 Strict prohibition of smoking. 3.6.4. No aircraft containing explosive substances must stop or park within fifty meters of another aircraft already parked. PAGENO="0190" 1592 AIR LAWS AND TREATIES OF THE WORLD Any airplance containing explosive substances is forbidden to park near the buildings of the airport terminal and near the places where inflammable liquids are kept. It is also strictly forbidden to carry out refueling operations of an airplane which contains explosives or which is about to take on a cargo of explosives. Fourth Part AM~\11JNITION List 0/Materials. 4.1.1. First category.-Devices for military use that have a charge of explosive substances which is located in a covering the bursting action of which produces dangerous bursts, such as shells, explosive grenades without a~ primer, mines, air bombs without a primer. 4.1.2. AS~econd category.-Devices for military use that have a charge of explosive substances located in a covering that cannot cause any dangerous bursts: such as petards, explosive cartridges, shells, shells and ammunition for lighting, incendiary, and smoke-producing pur- poses. 4.1.3. Th ii'd cateqor?,'.-Ammunition manufactured with nitro- cellulose or nitroglycerin powders and primed with black powder. 4.1.4. Fourth category.-Safety ammunition. By safety ammunitions, we understand ammunition of such a type that the explosion of one element by itself, under the conditions which it is packed, does not bring about any danger for its inmiediate en- virons. Moreover, the conditions of manufacture and packing must be such that the explosion of one of them will communicate itself only partially and incompletely to any nearby ammunition in such a way that it cannot cause the mass explosion of t.he ammunition con- tained in the same box. Viz., cartridges for hand fire arms of any kind, commercial safety ammunition (percussion caps and air gun cartridges). Packing. 4.2.1. Boxes.-'Wooden boxes must fulfil the following require- ment.s: - the thickness of the boards of the outer package cannot be less than 18 mm. for boxes having a gross weight of more than 50 kg; nor less than 10 mm, for boxes having a gross weight of less than 50 kg. the weight of a box must not exceed, in any case: - 150 kg, for ammunition of the third category - 100 kg, for ammunition of the second category - 50 kg, for blank shells and for primed "ballasted" grenades. 4.2.2. Barrels. casks, and drums.-OnTy ammunition belonging to the third and fourth c.ategories may be packed in barrels or casks. The barrels or casks must be bound wit.h hoops in such a way that have sufficient strength. and must weigh not more than one hundred kilograms. Shipping. 4.3.1 Labeling.-Visible inscription on the wrappings; indicating "Ammunition". PAGENO="0191" AIR LAWS AND TREATIES OF THE WORLD 1593 4.3.2 Certifiacte or affidavit, for safety arnrnunition.-Only that ammunition the manufacturers of which have secured a certificate from the Powder Monopoly which attests that they conform to the definition supplied for safety ammunition, can be transported as safety ammunition. That certificate may, however, be replaced by a declaration of the shipping firm that the ammunition to be shipped conforms with a type recognized as belonging to the category of safety ammunition. 4.3.3. Ship pir~g as baggage.-Cartridges for small arms of any kind, primers and air gun cartridges and percussion caps for fire arms may be shipped as baggage and left in the baggage rooms. This ammunition may be packed in suitcases, trunks, travel bags and closed crates. One passager, or one shipper, may not, ship more than twenty kilo- grams of this ammunition. Cargo. Cargo consisting of aimnvunitio'n of all categories must not exceed twenty kilograms (safety ammunition) in any aircraft carrijing passengers. 4.4.1. Limitation of cargo.-The cargo of an aircraft consisting of ammunition of the first category must not exceed 80% of the normal cargo of the aircraft. It is prohibited to load, into one and the same aircraft, ammunition and materials capable of spontaneous inflammation (phosphorus, zinc ethyl, various types of rope, linseeed oil and resin). Loading of ammunition and inflammable liquids and solids, or of ammunition and comburent., toxic and corrosive substances in one and the same aircraft is prohibited. The goods the loading of which together `with ammunition `is not prohibited, must be destined for the same airport as the ammunition carried. Fire Prevention Measures. 4.5.1. Arrangement of the handling sites and their access. 4.5.2. Fire extinguishers. 4.5.3. Prohibition of smoking. Fifth Part INFLAMMABLE LIQUIDS List of Materials. 5.1.1. First category.-Non-existing. 5.1.2. Second category.-Carbon disuiphide, acetic aldehyde, ethyl ether, and inflammable liquids containing petroleum ether. 5.1.3. Third category.-Ethyl acetate, benzene, gasoline, ethyl and methyl alcohol, acetone. Hydrocarbons having a flash point of less than or equal to 55° Centi- grade (automobile, airplane fuel, mineral oil, synthetic petroleum for lighting purposes, raw petroleum). The explosion point is the temperature at which the liquid gives off vapors that burst into fire upon contact with a flame. 5.1.4. Fo?lrth category.-Nitrobenzene, glycol. PAGENO="0192" 1594 AIR LAWS AND TREATIES OF THE WORLD Hydrocarbons the flash point of which is located between 50 and 1000 Centigrade. Tars. Inflammable liquids of the third category when they are kept in metal containers. Packing. The hydrocarbons must be contained: -either in water-tight and well-closed metal containers, -or in carboys, or glass or stoneware bottles which must be well corked and well packed in baskets or in solidly woven wicker coverings or in metal, with a shock-absorbing lining. These baskets or coverings must be provided with handles. -or in packing called "linogomme" packing. That packing consists of glass receptacles which have a textile wrapping and an interlining of wood shavings between the container and the wrapping. Cargo. Cargo containing any inflammable liquids is prohibited in an air- craft that carries passengers. !i.2.1. Prohibition of loading in cornnwn.-The loading, into one and the same aircraft, of inflammable liquids and: -explosive substances -ammunition -comburent substances is prohibited. Handling. Any handling of inflammable liquids near the buildings of the air~ port is prohibited, with the exception of those liquids which must necessarily be secured by the official control services or the customs authorities to carry out the taxation of the goods. Fire Prevention Measures. 5.3.1. Arrangement of tl1e handling sites and their access. The environs of those sites must be carefully cleared from vegetation and all combustible waste material must be removed. 5.3.2. Prohibition of smoking. 5.3.3. Fire extinguishers. ROYAL DECREE No. 15 of January 28,1955 Creating, within the Armed Forces an. Air Force, as of January 1.1955 WE, SOMDET PHRACHAO SISAVANG VONG, KING OF LAOS In consideration of the Constitution of the Kingdom of Laos of May 11, 1947 as amended on September 14, 1949 and March 22, 1952; In consideration of the Royal Decree No. 100 of April 2, 1952 pertaining to the reorganization of the Council of Ministers; PAGENO="0193" AIR LAWS AND TREATIES OF THE WORLD 1595 In consideration of the Royal Decree No. 397 of November 29, 1954 pertaining to the appointment of the Members of the Royal Government.; In consideration of the Law No. (~ of March :23, 1950 as pub- lished pursuant to the Royal Decree No. S3 of May 3, 1950, per- taining t.o the creation of the National Army: In consideration of the Royal Decree No. 333-71-CR of Sep- tember 21, 1954 regulating the creation, the dissolution, the slis- pension and the disbanding of the military personnel of the Lao- tian Armed Forces; Upon the motion of the Minister of National Defense; ORDER Article 1. Within the Armed Forces, an air force is created as of January 1, 1955. Article 2. The Air Force includes: -bases, the number of which will be fixed by order of the Minister of National Defense; -flight personnel the number of which will likewise be fixed by ministerial order; one of these units will take care of the. over- all administration of the Air Force; -a training center for the flight, personnel. Article 3. The Air Force is placed under the commrtnd of a staff officer who will assume the title of Commander of the Air Force and who will be directly under the command of the Chief of the General Staff of the Armed Forces. Article 4. The Minister of National Defense is responsible for the execution of this Royal Decree. ROYAL DECREE No.40 of February 24, 1955 pertaining to the w~ganization of the control of Ch~l A elation WE, SOMDET PHARACHAO SISAVANG \TONG, KING OF L~os In consideration of the Constitution of the Kingdom of Laos of May 11, 1947 as amended on September 14, 1949 and March 22,1952; In consideration of the Treaty of Friendship and Alliance be. tween the Kingdom of Laos and the French Republic of October 22, 1953; In consideration of the Royal Decree No. 100 of April 2, 1952 pertaining to the organization of the Council of Ministers of the Kingdom; In consideration of the transfer of the Civil Aviation and of landing fields as of September 12, 1953; In consideration of the Convention pertaining to International Civil Aviation signed at Chicago on l)ecember `7, 1944; In consideration of the Royal Decree No. 372 of December 11, 1953 pertaining to the validity of the published regulations in the fields of civil and commercial aviation on the Territory of Laos; 39-737----65-'~o1. II-13 PAGENO="0194" 1596 AIR LAWS AND TREATIES OF THE WORLD Upon the motion of the President of the Council of the Minis- ters and the Planning Minister; And upon hearing the Council of the Cabinet (Session of Jan- uary 18, 1955) ORDER Article 1. The Royal Decree No. 372 of December 31, 1953 cited above is complemented by the following regulations which invalidate and replace the earlier regulations of the same nature. Article ~. This Decree has as its object the determination of the bases for the control exercised over civil aircraft, over the flight per- sonnel, and over air transport. In conformity with Article 3 of the Chicago Convention of Decem- ber 7, 1944, the aircraft used by the military services, the customs or 1)olice authorities are considered aircraft of the State and are not sub- ject to this Regulation. Article 3. The import of civil aircraft into the Territory of the Kingdom is subject to the submission of a prior license, according to Article 17 of the Chicago Convention as cited before. These airplanes will be registered under the conditions provided in the Transfer Agreement pertaining to the competencies in regard to civil aviation of September 12. 1953. Ait;cle 4. The iiiembers of the crews responsible for the piloting of a civil aircraft. which has been imported onto the Territory of the Kingdom must be holders of patents and licenses of the flight per- sonnel of the civil aviation that. correspond to their functions and have been issued by a country which is a member of the International Civil Aviation Organization. These. licenses and patents are validated, for Laos, by the Director of Civil Aviation. Article .5. Every owner of a civil aircraft must prove that insur- ance under-written by an approved insurance company covers all the risks concerning the aircraft. the goods transported and the crew as well as all third parties, whether they are passengers or not. A rticle 6. The. operation of commercial air transports will require an express authorization of the Royal Government. Article 7. Presidential orders will determine the details of the ex- ecution of the Regulations contained in this Decree. Article 8. Any violation of the regulations of this Decree and of the rules for its execution will be verified by an aut.hentic official report drawn up by the Delegate for Civil Aviation or by any agent who has been specially qualified for that purpose. Article 9. The Director of Civil Aviation will be empowered, de- pending on the nature and seriousness of the violation verified, to issue a warning to the violator or to lroI~oui1ce the temporary or permanent withdrawal of the authorization or validations presented by the violator. Time sanctions applied will he made known to the competent agencies of the State jurisdiction which is competent in regard to the violator, as well as to all other organizations which have a legitimate interest in that information. These administrative sanctions will be pronounced without preju- dice as far as any judicial prosecutions incurred are concerned. PAGENO="0195" AIR LAWS AND TREATIES OF THE WORLD 1597 Article 10. The Prime Minister and President of the Council, the Minister of Public Works, of Planning, of Transportation and Tele- communications, and the Minister of Finance are responsible, accord- ing to their respective competencies, for the execution of this Decree. Decree on importation of Civil Aircraft No. 49/PC of February 19, 1955 THE PRESIDENT OF TIlE MINISTERS CouNcIL DECREE THE PRIME MINISTER, PRESIDENT OF TIlE COuNCIL, GRAND OFFICER OF THE ROYAL ORDER OF THE MILLION ELEPhANTS AND OF THE WHITE PARASOL In consideration of the Roal Order No. 100 of April 2, 1952 pertaining to the reorganization of the Ministers' Council of the Kingdom; In consideration of (lie Royal Order No. 397 of November 29, 1954 pertaining to t.he appointment of the Members of the Royal Government; In consi(leration of the Royal Order No. 288 of November 7, 1952 pertaining to the organization of the General Planning Commission, particularly of Articles 17 and 19; In consideration of the Decree No. 312/PC of September 23, 1953 which places th9 Civilian Aeronautics Service under the authority of the General Planning Commission; In consideration of the Decree No. 300/PC of November 23, 1953 pertaining to the appointment of the Delegate of the Gen- eral Planning Commission for Civil Aviation in Laos; In consideration of t.he Royal Order No. 40 of February 24, 1955 pert.aining to the organization of the superintendence of Civilian Aviation, particularly its Article 3; IN REFERENCE TO the motion made by the General Planning Commissioner; After hearing the Cabinet (Session of January 18, 1955) DECREES Article 1. The import of civilian aircraft into the territory of the Kingdom by residents of that territory, or by companies having their seat within that territory, is authorized by the Director of Civilian Aeronautics in the form given in the Inclosure. Article ~. In accordance with the regulations of Article 17 of the Chicago International Convention of December 7. 1944 regarding Civilian Aviation, only persons of Laotian or French nationality, or Laotian or French companies can be authorized to import civilian aircraft. Article 3. Until the time when the Kingdom of Laos joins the International Civilian Aviation Organization, the civilian aircraft PAGENO="0196" 1598 AIR LAWS AND TREATIES OF THE WORLD which have been imported into the territory of Laos and have been entered in the French State Register, will be entered in a special matriculation register of the Royal Government of Laos which has been opened at. the Planning Department, without any prejudice to the keeping of a special matriculation series of such aircraft on the part of the Office of the High Representative of the French Republic at Laos. Article 4. Civilian aircraft. imported into the territory of Laos is subject to the superintendence of the Civilian Aeronautics Director of Laos, in accordance with the regulations that will be laid down by that. Agency. Article ~5. The technical control of civilia.n aircraft imported into the territory of Laos is within the authority and competence of the Bureau of Ve.ritas Francais. Artic7e 6. The Minister of Public Works, of Planning, of Trans- porta.tion, and of Telecommunication, and the Secretary General of the Office of the President of the Council are responsible-each within his own field-for the execution of this Decree. INCLOSURE TO DECREE No. 49/PC OF FEBRUARY, 1955 IMPORT LICENSE FOR A CIVILIAN AIRCRAFT M (I) or the Company (2) is authorized to import into the territory of Laos, the civilian air- craft (3) This aircraft will be used for the purposes of commercial aviation, in accordance with the laws and regulations governing the territory of Laos. Vientiane, the 19__ The Director of Civilian Aviation References: Royal Order No. 288 of November 7, 1952, pertaining to the organization of the General Planning Commission, particularly Articles 17 and 19; Decree No. 312/PC which places the Civilian Aeronautics Serv- ice under the authority of the General Planning Commission; Royal Order No. 40 of February 24, 1955, pertaining to the organization of the superintendence of Civilian Aviation within the territory of Laos, particularly its Article 3. Distribution: - Proprietors of the aircraft, - Civilian Aeronautics Director of Laos, - General Planning Commission, - Director of the National Security Police, - Director of Customs and Excise Taxes, - Chief of the General Staff of the Royal Army, - High Representative of France in Laos (Special Register of Matriculation), 1 PAGENO="0197" AIR LAWS AND TREATIES OF THE WORLD 1599 (1) Mr., Mrs. or Miss Family name, Christian names, and complete address in Laos. (2) Complete firm name and complete address of the Company. (3) Name and address of the construction firm. Type and serial number. If applicable, give the actual matriculation data. OFFICE OF THE CHAIRMAN OF THE COUNCIL OF MINIsmi~s DECREE No. 50/PC February 19, 1955 On Organi2ation of the Control of Personnel Manning Civil Aircraft THE PRIME MINIs~rER, CHAIRMAN OF THE COUNCIL, GRAND OFFICER OF THE ROYAL ORDER OF THE MILLION ELEPHANTS AND THE WHITE PARASOL In consideration ~f the Royal Decree No. 100 of April 2, 1952, concerning organization of the Council of Ministers of the King- dom; In consideration of the Royal Decree No. 397 of November 29, 1954, concerning nomination of the Members of the Royal Gov- ernment; In consideration of the Royal Decree No. 288 of November 7, 1952, concerning organization of the Office of the General Plan- ning Commissioner, particularly articles 17 and 19; In considerati~on of the Royal Decree No. Decree No. 312/PC of September 23, 1953, placing the Civil Aeronautics Administra- tion under the authority of the Office of the General Planning Commissioner; In consideration of the Royal Decree No. 360/PC of November 23, 1953, concerning nomination of the Delegate of the General Planning Commissioner to the Civil Aeronautics Administration of Laos; In consideration of the Royal Decree No. 40 of February 24, 1955, concerning organization Df the control of Civil Aviation, particularly article 4 thereof; In consideration of the Royal Decree No. 49/PC of February 19. 1955, concerning organization of the control of civil aircraft.; On the recommendation of the General Planning Commis- sioner; With the concurrence of the Cabinet Council (Meeting of January 18, 1955) DECREES Artie7e 1. The members of crews providing for the piloting of civil aircraft imported to the territory of Laos must be holders of licenses of personnel piloting civil aircraft corresponding to their functions, and issued by a member country of the International Civil Aviation Organization. Article 2. Personnel piloting civil aircraft and utilizmg their li- censes in the territory of Laos are subject to the control of the Civil PAGENO="0198" 1600 AIR LAWS AND TREATIES OF THE WORLD Aeronautics Administration of Laos, in accordance with the proce- dures established by this Bureau. Article 3. Licenses of personnel piloting civil aircraft issued by another member country of t.he International Civil Aviation Organi- zat.ion will be validated for Laos in the form of an authorization is- sued by the Director of Civil Aeronautics of Laos. Tins authorization will be. added to the license. Its terms of validity will in no case exceed that of the license itself. It cannot confer on the holder privileges other than those relating to the license. Article 4. The Minister of Public Works, of Planning, of Trans- portation and Telecommunication, and the Secretary General of the Office of the Prime Minister are charged with implementation of the present. Decree, insofar as each is hereby affected. OFFICE OF TIlE CHlIiv~I~~x OF THE COUNCIL OF MINISTERS DECREE No. 51/PC Pie~cibii~g C'ompul~or~j in lraldce for Gicil Aircraft TIlE PRDIE MINISTER. CiL~1R~IAx OF THE COUNCIL, GRAND OFFICER OF TIlE ROYAL ORDER OF THE MILLION EI~EPiIANTs AND T}IE WTrnTE PARASOL In consideration of the. Royal Decree No. 100 of April 2, 1952, concerning reorganization of the Council of Ministers of the Kingdom In consideration of the Rova~ Decree No. 397 of November 29, 1954. concerning nomination of the members of the Royal Government In consideration of the. Royal Decree No. 288 of November 7, 1952, concerning organization of the Office of the General Plan- ning CommissionerS particularly articles 17 and 19 thereof; In consideration of the Royal Decree No. 312/PC of Septem- ber 23, 1953, placing the Civil Aeronautics Administration under the authority of the Office of the General Planning Commissioner; In consideration of the Royal Decree No. 360/PC of Novem- ber 23. 1953. concerning nomination of the Delegate of the Gen- eral Planning Commissioner to the Civil Aeronautics Administra- tion of Laos: In consideration of the Royal Decree No. 40 of February 24, 1955, concerning organization of the control of civil aircraft; On recommendation of the General Planning Commissioner; With the concurrence of the Cabinet. Council (Meeting of Jan- iiarv 18. 1955) DECREES Article 1. Every owner of a. civil aircraft. must take out, with an approved insurance company, one or more. insurance policies covering all risks, whether relating or not. to air navigation. Article 0* The insurance which affects ea~h civil aircraft will cover, in particular -the aircraft, for tile risks of air na.vigation and for all risks on the ground; PAGENO="0199" AIR LAWS AND TREATIES OF IRE WORLD 1601 -the property belonging t.o the administration, to the owner of the aircraft, and to the. third person -the. crew and third ieI~~i~ transported ------third iersons not transported. Article 3. The risks incurred by the aircraft and liv every installa- tion of the airfields of Laos open to public air traffic, either because of the travel of the aircraft. or because it. is parked there, niust be covered by the insurance policy or policies, on the initiative of the ow-ner or through instructions by the pertinent Public Services. Article 4. The insurance concerning the crew, the insurance con- cerning third persons transported, and the insurance concerning third persons not transported must cover all risks incurred because of the travel of the aircraft or because of the presence of the aircraft. Article 5. The air transportation companies operating in the terri- tory of Laos must take out. insurance covering passengers and freight., in conformity with the international law-s in force governing air transportation. Article 6. Persons or companies chartering civil aircraft., importe.d or not. to the territory of Laos, with the aim of utilizing them for air navigation on the territory of Laos, are responsible. for taking out. the insurance policies indicated Articles 1, 2, 3, 4, and 5 of the present De.cree for the aircraft chartered. Article 7. The Secretary General of the Office of the Prime Minister and the General Planning Commissioner are charged with imple- mentation of the present. Decree, insofar as each is hereby affected. OFFICE OF THE CHAIRMAN OF THE COUNcIL OF MINISTERS DECREE NO. 52/PC February 19, 1955 On Authorization for the Operation of Air Tran~porta.tion THE PRIME MINISTER, CHAIRMAN OF THE COUNCIL. GRAND OFFICER OF THE ROYAL ORDER OF THE MILLION ELEPHANTS AND THE WHITE PARASOL in consideration of the Royal 1)ec-ree No. 100 of April 2, 1952, concerning reorganization of the Council of Ministers; In consideration of the Royal Decree No. 397 of November 29, 1954, concerning nomination of the Members of the Royal Gove.rnment; In consideration of the Royal Decre.e No. 288 of November 7, 1952, concerning organization of the Office of the General Plan- ning Commissioner, particularly Articles 17 and 19 thereof; In consideration of the Dec.ree No. 312/PC of Septe.mber 23, 1953, placing the Civil Aeronautics Administration under the nuthority of the Office of the General Planning Commissioner; In consideration of the Decree No. 360/PC of November 23, 1953, concerning nomination of the Delegate of the General Planning Conimissioner to the. Civil Aeronautics Administration of Laos; PAGENO="0200" 1602 AIR LAWS AND TREATIES OF THE WORLD In consideration of the Royal Decree No. 40 of February ~4, 1955, concerning organization of the control of Civil Aviation, particularly Article 6 thereof; In consideration of the Decree No. 49/PC of February 19, 1955, concerning organization of the control of civil aircraft; On the reconmriendation of the General Planning Commissioner; With the concurrence of the Cabinet Council (Meeting of January 18, 1955) DECREES A i'ticle 1. Authorization to conduct. domestic air transportation in the territory of Laos is given by the Director of Civil Aeronautics of Laos, in accordance with the model shown in the appendix to the present Decree. Ai'tcle 2. Every company wishing to conduct domestic air trans- portation in the territory of Laos must forward to the Civil Aero- nautics Administration of Laos: -a copy of the stat.utes of the company, -a copy of the legal instrument of registration of the statutes of the company, -a copy of its insurance policy or policies. Article 3. Every request for authorization to operate domestic air tran~portation in the territory of Laos must state: -the air transportation routes, -the nature of the air transportation (fixed lines, transporta- tion on request, air taxi), -the object. of air transportation (transportation of passen- gers, transportation of freight, transportation of passengers and freight.), -the types of aircraft utilized. Article 4. The maximum rates for domestic air transportation in the territory of Laos are fixed by Decree of the Prime Minister, on the recommendation of the Director of Civil Aeronautics of Laos. These rates are established for each route and for each company. Article .5. The Secret arv General of the Office of the Prime Minister and the General Planning Commissioner are charged with implemen- tation of the present Decree, insofar as each is hereby affected. References: Agreement of September 12, 1953, concerning Transfer of Civil Aeronautics and Aeronautical Ground Organization to the Royal Government. of Laos. Royal Decree No. 288 of November 7, 1952, concerning orga- nizat ion of the. Office of the General Planning Commissioner, particularly articles 17 and 19 thereof: Decree No. 319/PC of September 23, 1953, placing the Civil Aeronautics Administration under the authorit.y of the Office of the General Planning Commissioner; Decree No. 360/PC of November 23, 1953, concerning nomina- tion of the Delegate of t.he General Planning Commissioner to the Civil Aeronautics Administration of Laos. Decree No. 52,/PC of February 1~, 1~5, concerning or~aniza- t.ion of air transportation in the territory of Laos. PAGENO="0201" AIR LAWS AND TREATIES OF THE WORLD 1603 Decree No. 236/PC of *July 2, 1954, concerning organization of control of the operation of air transportation companies in the territory of Laos. Decree No. 237/PC of July 2, 1954, concerning definition of companies authorized to conduct air transportation in the terri- tory of Laos. Distribution: Company (1), 1 Copy. Civil Aeronautics Administration of Laos, 1 Copy. Comgeplan [Office of General Planning Commissioner], 1 Copy. Ministry of National Economy, 1 Copy. Bureau of National Security, 1 Copy. Bureau of Customs and Collection of Taxes, 1 Copy. Bureau of Postal Service and Telecomniunications, 1 Copy. Chief of Staff of the Royal Loat.ian Army, 1 Copy. (1) Firm's name and complete address. (2) Airfield of departure, intermediate airfield, terminal airfidd. (3) of passengers of freight of passengers and freight (4) fixed lines transportation on request air taxi (5) types of aircraft. ROYAL DECREE No. 259 of September 23, 1955 fixing jurisdictions in the matter of air navigation and air traffic in Laos WE, SOMDET PHRAcHA0 SISAVANG VONG, KING OF L~os In consideration of the Constitution of the Kingdom of Laos of May 11, 1947, amended September 14, 1949 and March 22, 1952; In consideration of the Treaty of Friendship and Association of October 22, 1953 between the Kingdom of Laos and the Repub- lie of France; In consideration of the Royal Decree No. 100 of April 2, 1952 concerning reorganization of the Council of Ministers; In consideration of the Royal Decree No. 397 of November 29, 1954 concerning nomination of the Members of the Royal Gov- ernment; In consideration of the Convention of September 12, 1953 on transfer of Civil Aviation and the Aeronautical Ground Orga- nization to t.he Royal Government of Laos; In consideration of the Convention signed on December 7, 1944 at Chicago relative to International Civil Aviation; In consideration of the Royal Decree No. 37~ of December 31, 1953 concerning application of the texts of regulations in the matter of civil and commercial aviation in the territory of Laos; In consideration of the Royal Decree No. 15 of January 28, 1955 concerning creation of the Air Force; PAGENO="0202" 1604 AIR LAWS AND TREATIES OF THE WORLD In consideration of the Royal Decree No. 333/71-CR of Sep- tember 21. 1954 on the organization of the Army; In consideration of the Royal Decree No. 40 of February 24, 1955 concerning organization of the control of civil aviation in the territory of Laos; On the recommendation of the Cabinet Council (Meeting of August 22, 1955) hEREBY ORDER Article 1. The responsibility and control of air navigation and air traffic come. under the jurisdiction of the Minister of Public Works and Planing, represented by the Direct.or of Civil Aeronautics. Article 2. In the. matter of security of aeronautical navigation and air traffic, the Civil Aeronautics Administration applies the standards and recommendations given by the International Civil Aviation Orga- nizat ion, insofar as national requirements so permit. Article 3. Military aircraft apply in the territory of the Kingdom the national regulations in force concerning air navigation and air traffic. The maneuvers of military aircraft. for the execution of their par- ticular missions a.re regulated by texts issued by the Chief of the Gen- eral Sta.ff of the Laotian Armed Forces, with the conse.nt of the Di- rector of Civil Aeronautics, who is responsible for the security of air navigation and air traffic in the territory of the Kingdom. Article 4. Authorizations for flight over and landing [in the ter- ritory of Laos] for foreign aircraft., civil or military, a.re issued by the Director of Civil Aeronautics, with the consent of the Department of Foreign Affairs. The rules to be. applied for the. travel of French military aircraft are established jointly by the Civil Aeronautics Administration, the General Staff of the Laotian Armed Forces, and the Headquarters of the French Air Force. Article 5. The Civil Aeronautics Administration and the General Staff of the Laotian Armed Forces will study in common the appro- priate measures for assuring search and rescue operations under the best conditions in the event, of accidents or incidents in air navigation in the territory of the Kingdom. Article 6. The Deputy Chairman of the Council, Minister of Na- tional Defense and Veterans, the Deputy Cha.irman of the Council, Minister of Foreign Affairs, and t.he. Minister of Public Works, of Planning, of Tra.nsportat.ion and Telecommunications are charged with implementation of the present. Order, insofar as each is hereby affected. ROYAL DECREE No. 260 of September 23, 1955 Determining Authority to Manaqe A~rport~ WE, SOMDET PHRACTTAO SISAVANG VONG. KING OF LAOS In consideration of the Constitution of the Kingdom of Laos of May 11, 1947, amended September 14, 1949 and March 22, 1952; PAGENO="0203" AIR LAWS AND TREATIES OF THE WORLD 1605 In consideration of the Treaty of Friendship and Association of October 22, 1953 between the Kingdom of Laos and the Repub- lie of France; In consideration of the Royal Decree No. 100 of April 2, 1952 concerning reorganization of the Council of Ministers; In consideration of the Rova~ Decree No. 397 of November 29, 1954 concerning nomination of the Members of the Royal Govern- ment; In consideration of the Convention of September 12, 1953 on transfer of Civil Aviation and the Aeronautical Ground Orga- nization to the Royal Government of Laos; In consideration of the Convention signed on December 7, 1944 at Chicago relative to International Civil Aviation; In consideration of the Royal Decree of the King No. 238-45- CR of August 11, 1953 regulating public administration on Na- tional Property; In consideration of the Royal Decree No. 372 of Decemebr 31, 1953 concerning application of the texts of regulations in the mat- ter of civil and commercial aviation in the territory of the King- dom; In consideration of the Royal Decree No. 15 of January 28, 1955 concerning creation of the Air Force; In consideration of the Royal Decree No. 333/71-CR of Sep- tember 21, 1954 on the orga.nization of the Army; In c.onsideration of the Royal Decree No. 259 of September 23, 1955 determining authority in the matter of air navigation and air traffic in Laos; On the recommendation of the Cabinet Council (Meeting of Au- gust 22,1955) HEREBY ORI~ER Article 1. Airports established in the territory of Laos and classified as public property, the management of which is entrusted to the Minis- try of Public Works and Planning (Civil Aeronautics Administra- tion) for civilian airports, and to the Minister of National Defense (General Staff of the Laotian Armed Forces) for military airports, are subject to the regulations herein established. Article ~. Airports open to public air traffic are civilian airports. They retain this nature when they are temporarily to public traffic. Civilian airports are opened to public air traffic by decree of the Minister of Public Works and Planning. Civilian airports are definitely closed to air traffic by decree of th. Minister of Public Works and Planning. The temporary closing and reopening of civilian airports to public traffic are announced by the Dire.ctor of Civil Aeronautics. Article 3. Military airports are airports not open to public air traf- fic and reserved for military aircraft.. These airports are forbidden to civil aircraft except. in the case of requisition by competent authorities, civilian or military, or in the case of absolute necessity. PAGENO="0204" 1606 AIR LAWS AND TREATIES OF THE WORLD Artic7e 4. On the recommendation of the Civil Aeronautics Admin- istration and of the General Staff of the Armed Forces, the Minister of Public WTorks and Planning, and the Minister of National Defense will determine by joint decision: (a) the conditions of utilization of civilian airports by military aircraft; (b) the exploitation in common of the technical facilities at their disposal with the aim of ensuring the security of air navi- gation and air traffic in the territory of the Kingdom. Aeronautical ground structure works and installations for the bene- fit of the Royal Laotian Army and on the civil airports of the King- dom are carried out with the prior consent of the Civil Aeronautics Administration, which is responsible for these airports. Article .5. Temporary occupation by requisitioning of airports is permitted under the conditions provided by Article 9 of Decree No. 238-45-CR above-mentioned. Ai~ticie 6. The Prime Minister, Chairman of the Council, the Deputy Chairman of the Council, Minister of National Defense and Veterans, the Minister of Public Works, Planning, Transportation and Tele- communications, and the Minister of Finance are charged with imple- inentation of the present~ decree, insofar as each is hereby affected. ROYAL DEOREE No. 133 of May 25, 1956 WE, SOMDET PHRACHAO SISAVANG \`ONG, KING OF LAOS In consideration of the Constitution of the Kingdom of May 11, 1947, amended September 14, 1949 and March 22, 1952; In consideration of the Royal Decree No. 100 of April 2, 1952 concerning reorganization of the Council of Ministers of the Kingdom; In consideration of the Royal Decree No. 7~ of March 21, 1956 concerning nomination of the Members of the Royal Govern- ment; In consideration of Law No. 83 of January 19, 1951 relative to application of the texts of preceding regulations to the Constitu- tion of the Kingdom, and promulgated by Royal Decree No. 33 of February 10, 1951; In consideration of the Royal Decree No. 296 of December 27~, 1951 relative to the regulations concerning customs and foreign trade; In consideration of the Royal Decree of January 22, 1952 con- cerning creation of customs airports in Indochina, and particu- larly article 7 thereof; In consideration of the aggregate of the Decrees of May 10, 1935 and May 14, 1949 modifying the list of customs airports appended to the decree of January 22 referred to above; In consideration of the Royal Decree No. 101 of April 2, 1952; On the recommendation of our Minister of Finance and of the Na.tiona.l Economy and of Planning; With the concurrence of the Cabinet (Meeting of March 3, 1956) PAGENO="0205" AIR LAWS AND TREATIES OF THE WORLD 1607 HEREBY ORDER Article 1. The list of customs airports appended to Royal Decree No. 101 of April 2, 1952 is amended as follows: IA-st of custoin,s airport8 Province Method and hours of opera. tion of customs service Remarks Airports provided with permanent service: Vatay Vientiane 0730 to 1100 hours, 1400 to 1700 hours, except Sundays and holidays. ServIces provided outside the regulation hours occasion, with respect to the inspection of goods, the payment of fees to the Airports not pro- fixed by the regulations in force. vided with per- manent service: Seno Pakse Luang-BG ~ Savannaket Chainpassak.~, Luang-Prabang The agents are not stationed permanently at the airport. They must be requested by telephone at Savannakhet (for Seno), Pakse, and Luang-Prabang. Services provided at th. airport occasion, with respect to the inspection of goods, the pay- ment of fees according to the schedule fixed by the regula- tions in force. Article 2. Our Minister of Finance, of the National Economy and Planning, is charged with implementation of the present Decree. ROYAL DECREE No. 54 WE, SOMDET PHRACHAO SISAVANG SONG, KING 01' LAOS In consideration of the Constit.ution of the Kingdom of Laos of May 11, 1947', amended September 14, 1949 and March 22, 1952; In consideration of the Treaty of Friendship and Association of October 22, 1953, between the Kingdom of Laos and the Re- public of France: In consideration of the Royal Decree No. 100 of April 2, 1952 concerning reorganization of the Council of Ministers of the Kingdom; In consideration of the Royal Decree No. 76 of March 21, 1956 concerning nomination of the members of the. Royal Government; In consideration of the. Convention of September 12, 1953 on transfer of Civil Aeronautics and the. Aeronautical Ground Orga- nization to the Royal Government. of Laos; In consideration of the Convention signed on December 7, 1944 at. Chicago relative to International Civil Aviation, and particu- larly Appendix 1 thereto; In conside.ration of t.he adherence of the Kingdom of Laos to t.he International Civil Aviation Organization, dating from July 13, 1955; In consideration of t.he. Royal Decree No. 372 of December 31, 1953 concerning application of the texts of regulations in the matter of civil and commercial aviation in the territory of Laos; In consideration of the Royal Decree No. 40 of February 24, 1955 concerning organization of the control of Civil Aviation in the territory of Laos; PAGENO="0206" 1608 AIR LAWS AND TREATIES OF THE WORLD In consideration of the Royal Decree No. 2~39 of September 23, 1955 determining authority in the matter of air navigation and air traffic in the territory of Laos; With the concurrence of the Cabinet (Meeting of January 28, 1957) HEREBY ORDER Article 1. A civil aviation radio navigation license is hereby instituted. Article 2. The civil aviation radio navigation license is issued in conformity with the standards recommended by Appendix 1 to the OACI [International Civil Aviation Organization Convention]. Artie7e 3. The methods of issuance of the civil aviation radio navi- gation license are defined by Decree of the Minister of Public Works and of Transportation: Artcie 4. The Prime Minister, Chairman of the Council, the Min- ister of Public Works and of Transportation, and the Minister of Finance are charged w-ith implementation of the present Decree, inso- far as each is hereby affected. ROYAL DECREE No. 37 of January 26, 1959 WE, SOMDET PHRACHAO SI5AvANG VONG. KING OF LAOS, In consideration of the Constitution of the Kingdom of Laos of May 11, 1947, amended September 14, 1949, March 22, 1952, and September 29, 1956; In consideration of the Royal Decree No. 100 of April 2, 1952 concerning reorganization of the Council of Ministers; In consideration of the Royal Order No. 206 of August 18, 1958 concerning nomination of the Members of the Royal Government; In consideration of the Convention signed on December 7, 1944 at Chicago relative to International Civil Aviation; In consideration of the Royal Decree No. 372 of December 31, 1953 concerning application of the texts of regulations in the matter of civil and commercial aviation in the territory of Laos; In consideration of Law No. 62 of March 23, 1950, promulgated by Royal Decree No. 83 of May 3, 1950 concerning creation of the National Army; In consideration of Royal Decree No. 15 of January 28, 1955 concerning creation of the Laotian Air Force; In consideration of Royal Decree No. 40 of February 24, 1955 concerning organization of the control of Civil Aviation in the territory of Laos; In consideration of Royal Decree No. 259 of September 23, 1955 determining authority in the matter of air navigation and air traffic in the territory of Laos; On the recommendation of the Council of the Cabinet (meet- ing of November 10, 1958) PAGENO="0207" AIR LAWS AND TREATIES OF THE WORLD 1609 HEREBY DECREE Article 1. The responsibility for and control of air navigation and traffic come under the authority of the Minister of Public Works and Planning, represented by the Director of Civil Aeronautics. Article ~. The installation, utilization, and maintenance of the tech- nical materials necessary for functioning of the control of air naviga- tion and traffic are the responsibility: -of the Civil Aeronautics Administration in civilian areas. -of the Air Force (Military Aviation) in military areas. Article 3. In the matter of air nivigation and traffic security, the Civil Aeronautics Administration applies the standards and recom- mendations given by the International Civil Aviation Organization, insofar as national requirements so permit. Article 4. Military aircraft~ apply in the territory of the Kingdom the national regulations in force concerning air navigation and air traffic. The maneuvers of military aircraft for the execution of their par- ticular missions are regulated by texts issued by the Chief of the General Staff of the Laotia.n Armed Forces, with the consent of the Director of Civil Aeronautics, who is responsible for the security of air navigation and air traffic in the territory of the Kingdom. Article 5. Authorizations for flight over and landing [in the terri- tory of Laos] for foreign aircraft, civil or military, are issued by the Director of Civil Aeronautics, with the consent of t.he Department of Foreign Affairs. Article 6. The Civil Aeronautics Administration and the General Staff of the Laotian Armed Forces will study in common the appro- priate measures for assuring search and rescue operations under the best conditions in the event of accidents or incidents in air navigation in the territory of the Kingdom. Article 7. All orders conflicting with the present Decree are hereby rescinded, and in particular Royal Decree No. 259 dated September 23, 1955 and referred to above. Article 8. The Prime Minister, Chairman of the Council, Minister of Public Works, Planning and Telecommunications, the Deputy Chairman of t.he Council, Minister of the Interior and National De- fense, and the Minister of Foreign Affairs are charged w-ith imple- mentation of the present Decree, insofar as each is hereby affected. INTRODUCTORY REPORT Royal Decree No. 259 of September 23, 1955 determined authorit.y in the matter of air navigation and traffic in Laos, the responsibility and control of which come under the sole authority of the Minister of Public Works, represented by the Director of Civil Aeronautics. Nevertheless, the technica.l equipment. available to the latter orga- nization does not permit it to assure. w-ith all the desirable security the missions with which it is thereby charged. On the other hand, the Armed Forces (Air Force) could, owing to -the American aid, provide the equipment necessary for exercise of con- trol over air navigation and air traffic in the military areas of the Kingdom, on condition that the majority of the areas currently in PAGENO="0208" 1610 AIR LAWS AND TREATIES OF THE WORLD use are classified as `military areas", obviously remaining accessible to civil aircraft. In order to do this, it would be advisable to divide between the Office of Civil Aeronautics on the one hand and the Armed Forces on the other, the responsibility for the installation, utilization, and main- tenance of the technical equipment necessary for the functioning of control of air navigation and traffic. This is the object of the present draft Decree. Vientiane, November 15, 1958 OFFICE OF THE CHAIRMAN OF THE COUNCIL OF MINISThRS DECREE OF CHAIRMAN OF COtNOIL OF MINISTERS No. 206/PC co'iwerning reorganization of the Chil A'viation Administration of the Kingdom of Lao.s THE PRIME Mixis~, CHAIRMAN OF THE COUNCIL In consideration of the Royal Decree No. 100 of April 2, 1952 concerning reorganization of the Council of Ministers; In consideration of the Royal Decree No. 36 of January 24, 1959 concerning nomination of the Members of the Royal Government; In consideration of the Covention of September 12, 1953 on transfer of Civil Aeronautics and the 1A~eronautical] Ground organization to the Royal Government of Laos; In consideration of the Royal Decree No. 372 of December 31, 1953 concerning application of the texts of regulations in force in the matter of Civil and Commercial Aviation in the te.rritory of Laos; In consideration of the Convention signed on December 7, 1944 at Chicago relative to International Civil Aviation; In consideration of Decree No. 14/PC concerning division of the services of the Ministry of Public Works, Planning, Trans- portation and Telecommunications; In collsi(leratiofl of Additional Clause No. 62/PC of March 7, 1956 to Article 4 of Decree No. 14/PC of January 18, 1955 attach- ing the Civil Aeronautics Administration, Civil and Commercial Aviation Section and Air Ground Organization Section, to the Ministry of Public Works; In consideration of Royal Decree No. 37 of January 26, 1959 determining authority in the matter of security of air navigation and of air traffic; In consideration of Corrigendum No. 169/PC of May 12, 1959 to Article 4 of Decree No. 264/PC of the Chairman of the Council of Ministers of September 21, 1956 concerning organization of the Ministry of Public Works and Transportation; On the recommendation of the Secretary of State for Public Works and Transportation; In consideration of the requirements of the service; PAGENO="0209" AIR LAWS A~D TREATIES OF THE WORLD 1611 DECREES A~rticle 1. iReckoning from the date of signing of the present De- cree, the Office of Civil Aviation, with a Director at its head, has the following organization: (A) Administration: (a) OACI (International Civil Aviation Organization) Office (b) Central Administrative Office (c) Secretariat Office (d) Air Transportation Office (e) Air Navigation Office (f) Air Bases Office (B) Executive Agencies: (a) Regional Control Center (b) Local Control Center (c) Airport. Control Center (d) Approach Control Center (e) Runway Office (f) Signal Communication Center (g) Search and Rescue Service. (C) Personnel Training Center (Technical Assistants and Air Traffic Agents): The Personnel Training Center is headed by a Director assist- ed by the Heads of the Technical Offices. The organization and operation of this center will be the sub- ject of a special decree. Article 2. Duties. The various duties reserved to each Office of the Civil Aviation Administration are the following: (I) OACI Office (International Civil Aviation Organization) - Correspondence - Recommended standards - Amendments - Organization of conferences - General documeiitation on aviation - Liaison with the OACI headquarters at Montreal (Canada). (II) Central Administrative Office.: (a) Finance Section: - Bud~etarv estimates and allocation of funds. Disbursement of pay and miscellaneous allowances to personnel. - Procurement- St.ora ge-Control-Inventory of material- Tax. - Keeping of audit books. - Miscellaneous. (b) Personnel and Organization Section: - Personnel regulations. - Personnel administration. - Personnel files. - Personnel control. -Transfers, Promotions. Appointments, Punishment. -Medical Care, Hospitalization. -Sateg. 39-7i7- G.-vol, II-i4 PAGENO="0210" 1612 AIR LAWS A~D TI~EATIES OF THE WORLD (c) General Facilities: -Vehicles, Building Maintenance, Coolies. -Caretakers, Drivers, Miscellaneous. (III) Secretariat Office: -Correspondence. -Files. -Publications. -General Report. of Operation of the Administration. -Director~s Private Correspondence (receipt.. forwarding) etc. (IV) Air Transportation Office: (a) Flight Section: -Accident Investigation. -Flying Rules. -Aeronautical Information Office. (b) Statistical Section: -Compilation. -Analysis. -Dissemination. -General statistics on air transportation of Laos and other member countries of the OACI. (c.) Facilitation Sec.t ion: -Study of projects, protocol agreements for frontier formalities. -Study of projects, memoranda with customs, health, and police services. -Taxes and insurance. (d) Economics Sect.ion: -Right of flight and flight over areas. -Study of projects on air operations. -Control of air operations. -International negotiation or arrangements for air trans- portation. -Control of airworthiness certificates-Aircraft Registra- tion Cert.ificate-Fliglit Personnel License. -Authorization or cancellation of flight operations. (V) Air Bases Office: (a) General Economic and Legal Affairs Section: -General re~ulat ions on airfields open t.o air traffic. -Establishment of area and airport plans. -Studies of projects, memoranda, instructions, recommen- dations, etc. (b) Prope.rty and Maintenance Section: -Authorization or cancellation of concessions. -Prolects of enlargement, expropriation. and organiza- tion of the airfields of the. Kingdom. -Current maintenance of existing installations. (VI) Air Navigation Office: (a) Ground and Regional Affairs Section -Maintenance of existing installations-radios. -Studies of new visual in~t.allations. -Air Traffic Service. -Aeronautical telecommunications. -Firefighting service. -Regional affairs a mid miscellaneous. PAGENO="0211" AIR LAWS AND TREATIES OF THE WORLD 1613 (b) Air Navigation Section: -Study of laying out of routes or air corridors. -Limitation of zones of control, danger zones, and air space of the Kingdom. -St tidy of new clearings, new aproaches, etc. -Printing of air navigation maps. -St tidy course projects for personnel train ilig. -Supervision and control of implementation of instruc- tions issued on various activities: air transportation, air work, air tourism. Article 3. Regional representatives of Civil Aviation. The latter will be represented regionally by: -an airport commander, who will be charged with directing the Air Control Center (both the regional airport and the airport command). -a Chief Engineer of the Public Works Subdivision, who will be charged with directing the Air Base. Artkle 4. All previous orders conflicting with those of the present decree are hereby rescinded. Article 5. The Secretary of State for Public Works and for Trans- portation is charged with implementation of the present decree. No. 235/PC OITICE OF THE CHAIRMAN OF THE COUNCIL OF MINIs1'~s DECREE OF CHAIRMAN OF COUNCIL OF MINISTERS THE PRIME MINIsITR, CHAIRMAN OF THE COUNCIL In consideration of the Constitution of the Kingdom; In consideration of the Royal Decree No. 100 of April 2, 1952 concerning reorganization of the Council of Ministers; In consideration of the Royal Decree No. 36 of January 24, 1959 concerning nomination of t.he Members of the Royal Government of Laos; In consideration of the Ordinance of December 11, 1936 adapt- ing the provisions of the Law of July 4, 1935 establishing ease- ments called "easements in the interest of Air Navigation," pro- mulgated by decree of January 27, 1937; In consideration of the Convention signed at Chicago on De- cember 7, 1944 relative to International Civil Aviation, and in particular Appendix 14 thereto (Third Edition, September 1958) defining the international standards and practices recommended in the matter of airports; In consideration of Decree No. 130/PC of May 30, 1951 regu- lating the conditions of application of Royal Decree No. 60 of March 8, 1951 relative to the tax base, claims, and collection of direct and assimilated taxes; In consideration of the Convention of September 12, 1953 on transfer of Civil Aeronautics and the [Aeronautical] Ground Organization to the Royal Government of Laos; PAGENO="0212" 1614 AIR LAWS AND TREATIES OF THE WORLD In consideration of the Royal Decree No. 372 of December 31,. 1953 concerning application of the texts of regulations in force in the matter of civil and commercial aviation in the territory of Laos: In consideration of Decree No. 14/PC of January 18, 1955 con- cerning division of the services of the Ministry of Public Works,. Planning. Transportation and Telecommunications; In consideration of the Royal Decree No. 15 of January 28, 1955 concerning creation of the Laotian Air Force; In consideration of the Royal Decree No. 260 of September 23,. 1955 determining the rules of appropriation, opening, and utili- zation of the civil and military airports of the Kingdom; In consideration of Decision No. 129/SGACC of January 17,, 1956, Sect.ion II, Chapter One, concerning regulation of the appli- cation of legislation governing aeronautical easements, considera- tion being given to the. recommended standards and practices. established by the OACI; In consideration of the Additional Clause No. 62/PC of March 7. 1956 to Article 4 of Decree No. 14/PC of January 18, 195~ attaching the Civil Aeronautics Administration, Civil and Com- mercial Aviation Section and Air Ground Organization Section, to the Ministry of Public Works; In consideration of the Royal Decree No. 37 of January 26, 1959 determining authority in the matter of security of air naviga- tion and air traffic; In consideration of Decree No. 178/PC of August 7, concerning institution of a judicia.ry agency of the Treasury; In consideration of Corrigendum No. 169/PC of May 12, 1959 to Article 4 of the Chairman of the Council of Ministers Decree No. 264/PC of September 21, 1956 concerning the organization of the Ministry of Public Works and Transportation; In consideration of the Chairman of the Council of Minister Decree No. 206/PC of June 12, 1959 concerning reorganization of the Civil Aviation Administration of the Kingdom of Laos; On the recommendation of the Minister of Public Works and Transportation; With the concurrence of the Cabinet (Meeting of July 3, 1959) DECREES SEcTION I. GENERAL PRovIsIoNs Article 1. The present. decree rescinds and replaces French text No. 46-2.235 of October 11, 1946 concerning regulation of the taxes to be collected on the airports of the Kingdom of Laos. Artkle 2. The taxes to be collected, listed below, will be collected on all the. airports of the Kingdom on and after July 1, 1959: -landing tax; -supplementary tax for landing or take-off a.t night; -common shelter tax; -parking tax; . -fees for occupation by third parties of buildings constituting public property; PAGENO="0213" AIR LAWS AND TREATIES OF THE WORLD 1615 -fees for utilization of the equipment of airports; -tax on passengers and freight; -tax on visitors; Article 3. The present ministerial decree has the aim of defining the basic principles of these taxes. Subsequent ministerial decrees will establish the tax rates. SECTION II. THE LANDING TAX ITEM I. THE LANDING TAX Article 4. Principle and base of the tax. Every aircraft landing or alighting on water at a national airport (civil, military, or joint) is liable to a tax, subject to the provisions of Article 4. This t.ax is com- puted by the ton; the tonnage to be taxed is the maximum weight shown in the airworthiness certificate of the aircraft. Every fraction of a ton is counted as one ton. Article 5. Landings exempt from the tax. The following are ex- .empt from the tax: (1) landings made by government aircraft, with the exception of landings made by civil or military government aircraft. executing air transportation for payment.. (2) landings due to equipment. test flights, on the express condition that these flights present certain characteristics which will be specified by decrees. ~`3) landings made 1w t.he aircraft of pilot training schools and flying clubs at. their ~`connecting airports", on the condition that. these landings be clue to pilot instruction flights or flights for the training of non-licensed pilots, in the course of which 110 landing at. another airport will take place. Article 6. Deflnitio.n-9. For the purpose of application of the pres- ent decree, "Airport." is understood to meaii any airfield or seaplane base in- tended for the landing or alighting on water of aircraft., whatever be the importance of its installations; "International air traffic" is understood to mean air traffic, whether regular or not, involving at least landing or taking off in the territory of a foreign country: "National air traffic or local air traffic" is understood to mean air traffic, whether regular or not., involving the emplaning of passengers, mail, or goods at a point in the national territory for the transportation thereof for remuneration to another point, in the national territory; "National territory" is understood to mean the terrestrial regions and the territorial waters adjacent. thereto over which the Kingdom of Laos exercises its sovereigiity, its suzerainty, its protection, a man- dat.e, or its trusteeship; "Private aircraft." is understood to mean evei-y privately owned aircraft. used by its owner solely for private purposes or those of pleasure and not to derive profit therefrom by renting or by any other means. PAGENO="0214" 1616 AIR LAWS AND TREATIES OF THE WORLD Article 7. Basic schedule. The basic schedule varies in accordance with the nature of the traffic performed by the aircraft: international air traffic, national air traffic, or "local air traffic", private flying. The information entered in the trip record will determine the nature of the traffic carried out. by the aircraft and the schedule to be applied. The trip must be considered in its entirety and not by stages. If, in the course of a single trip, an aircraft executes international air traffic and local traffic, the basic schedule of international air traffic is the only one applicable. Article 8. Checking of and payment far landings. Checking of and payment for landings are carried out on arrival, on the occasion of the checking operation, by the surrender of a landing ticket and the affixing of a certification to the trip record. Users who wish to benefit from the exemptions provided in Article 5 of the present decree must give notification in advance of the take-off and immediately prior to departure, to the official charged with the checking. Article 9. Aircraft participatirng in an air denwn~tration. What- ever the type of craft, the. basic schedule of private aircraft reduced 5Op.100 will be applicable to aircraft participating in an air demon- stration. Authorization for utilization of the airport will be subject to the prior payment of a lump sum computed on the basis of the number of landings scheduled. Only the aircraft entered in t.he official list of t.he participants in t.he demonstration may benefit from this lump sum payment. ITEM II. SUPPLEMENTARY TAX FOR LANDING OR TAKE-OFF AT NIGHT Article 10. Principle of this tax. This contractual tax, separate from the landing tax instituted by Article 4 of the present decree, is collected on take-off as well as on landing or alighting on water and on takeoff, is paid in advance (sic). Its rates depend on the importance of the ground lighting and sig- nalling installation of the airport.. Payment. of it. is made by the surrender of a ticket. Article 11. Definition of landing, alighting on water, or take-off at night. Landings, alight.ings on water, or take-offs at night are con- sidered to be those which take place during the period of time begin- ning one-half hour after sunset. and ending one-half hour before sun- rise.. SECTION III. SHELTER AND PARKING TAX ITEM I. SHELTER TAX Article 12. Definition of the shelter tax. This daily tax, applied to transient craft. kept. in common shelter, is computed on t.he basis of the ton. The tonnage to be t.axed is the "maximum weight shown in the airworthiness certificate." Each fract.ion of a ton is counted as one ton. Each fraction of a period of twenty-four hours is counted as one day. Article 13. Aireraft exempt from the 8helter tax~ Only govern- ment aircraft, except civil or military aircraft engaging in trans~- PAGENO="0215" AIR LAWS AND TREATIES OF THE WORLD 1617 portation for payment, have the right to free common shelter, insofar as space is available. Article 14. Payment by installments. Payment by monthly install- ments may be granted; they are established by the airport. The monthly installment payment includes a reduction, the amount of which equals the daily tax to which the coefficient twenty is applied. ITEM II. PARKING TAX Article 15. Definition of the tax. This tax is due for every aircraft parking on land or water surfaces set aside for this express pur- pose. The expenses and risks of alighting on water are those of the owner of the aircraft. The first six hours of parking are free. This daily tax is computed on the basis of the ton. Every fraction of a ton is counted as one ton. Every fraction of a period of twenty-four hours is counted as one day. Payment by monthly installments may be granted; they involve no reduction. At seaplane bases the mooring of motor boats, barges, other small craft belonging to the users, government aircraft., with the excep- tion of civil or military aircraft engaging in transportation in ex- change for payment [sic.] Article 16. Aircraft exempt from the parking tax, Only govern- ment aircraft, except. civil or military government aircraft. engaging in transportation in exchange for payment, have the right to free parking beyond the six hour, insofar as space as available. SECTION IV. PROPERTY FEES Article 17. Occupation of real property by third persons. Defini- tion of these fees. Temporary occupation of the outbuildings of gov- ernment airports and seaplane bases, buildings, and bare grounds is authorized by prefectorial decree. These authorizations are granted for a minimum period of one year; they are essentially precarious and revocable. SECTION V. FEES FOR THE UTILIZATION OF THE EQUIPMENT OF AIRPORTS Article 18. Principle of these fees. These fees are computed on the basis: of the appliance used, of the work performed, expressed in quarters of an hour, kilo- meters, tons, of the specialized labor supplied by the airport. If additional labor is furnished by the administration, it will be invoiced by the quarter-hour, with a minimum charge of one-half hour, at a price corresponding to the normal salary of the worker of the category, and augmented by a contractual percentage for gen- eral expenses and social charges the rate of which will be estab- lished by decree. Every fraction of a quarter-hour, kilometer, or ton is counted as one quarter-hour, one kilometer, or one ton. PAGENO="0216" 1618 AIR LAWS AND TREATIES OF THE WORLD The fees for utilization of the machine tools and portable equip- ment of each airport will be established by the Minister or his dele- gate. SECTION VI. TAX ON PASSENGERS AND FREIGHT Article 19. Definiticn of this tax. Every passanger and every com- modity emplaned at an airport is liable to a tax equivalent to the extent of utilization of the airport. SECTION VII. TAX ON VISITORS Article 20. Within the limits of the airport, access to certain zones reserved for visitors may be subject to the payment of an entrance fee the amount of which will be established for each airport on the recommendation of the airport command, by the Minister or his delegate. SECTION `\III. MI5CELLANEOT~~S PRovIsioNs A rtic7e 21. Requests for in~ta7linent payment. Every request for installment payment for authorization for temporary occupation should be addressed to the command of the airport, which forwards it to the services concerned. These requests, containing all the in- formation necessary for the drawing up of contracts, will be made on forms issued by the Administration. Permission for installment payment. is issued after approval by the Director of Airports or by the. regional Directors of Civil Aviation. Every request for installment. payment. or authorization for occupa- tion submitted by an enterprise or an individual who has not paid these taxes, whatever they be, to which aircraft are liable, or who has not conformed to the general or particular regulations of the airports~ will be obligatorily rejected. Article 22. Payment of taxes and fees. The property fees for tem- porary occupation of real property by third persons, provided in Article 16, Section IV of the present decree, are paid by the holders of the authorizations directly to t.he collectors for the property. The shelter taxes, fees for the utilization of equipment, the taxes on passengers and freight, and the taxes on visitors are paid to agents of the Treasury assigned to the airports, it being t.heir duty to transfer the amount collected to the. Treasury every two weeks. Article 23. Prosecution and penalties in. case of non-pa ynient or failure to obserre requlations. Cancellation of the installment payment privileges and withdrawal of the occupation authorization or book of landing tickets, subject to two weeks' advance notice, are the penalties provided for every user who does not respect the general or particular instructions of the air- port. and who does not pay, or pays irregularly, the taxes or fees due from him. Debtors or those violating regulations will be prosecuted: in accordance with government procedures for the collection of the shelter taxes, fees for the temporary occupation of public prop- erty, and for the utilization of property, in accordance with the procedure instituted by Royal Decree No. GO of March 8, 1951 and Decree No. 130/PC of May 30, 1951 for PAGENO="0217" AIR LAWS AND TREATIES OF THE WORLD 1619 all the other taxes and fees which do not, because of existing legis- lation, involve a special method of collection or prosecution. The temporary or permanent. withdrawal of the license of the pilot of an aircraft may, at the same time, be effected as an additional penalty. Article 24. The Minister of Public Works and Transportation, the Minister of Finance, the Director of Civil Aviation, the Inspector General of Finance, the General Treasurer of the Kingdom, the Direc- tor of the Budget and Accounting of t.he. Ministry of Finance, the Director of Public Property, Registration, and Stamp Duty are charged with implementation of the present decree, insofar as each is hereby affected. ORDINANCE-LAW COVERING LEGISLATION IN REGARD TO AERIAL NAVIGATION No. 272 August 19, 1959 WE. SOMDET PIIR~c1I~\o SISAVANG \ONG. KING or Lsos. in considera- t.ion of: The Constitution of the Kingdom: Royal Ordinance No. 100, April 2, 1953, on Reorganization of the Council of Ministers; Royal Ordinance No. 36, January 24, 1959, on Nomination of Members of the Royal Government: The Chicago Convention on Civil and Commercial Aviation of December 7, 1944: The Agreement of September 12, 1953 on Transfer of Civil Air Service, and Ground Structures to the Kin~doni of Laos: Royal Ordinance No. 372. December 31, 1953, on Regulations for Civil and Commercial Aviation on the Territory of Laos: The. Membership of the Kingdom of Laos in the International Civil Aviation Orgainzat.ion as of July 13, 1955: Corrigendum No. 169/PC. May 12, 1959, to Article 4 of Presi- dential Decree No. 264/PC, September 21. 1956, on Or'anization of the Public WTorks and Transportation Ministry; Presidential Decree No. 206/PC, June 18, 1959, on Reorganiza- tion of the. Directorate of Civil Aviation of the Kingdom of Laos; Upon Proposal by the Minister of Public Works and Transpor- tation: After hearing by the Cabinet Council (meeting of July 3, 1959) With the Consent of the Permanent Office of the National As- sembly in the. Session of July 17, 1959, as notified by letter No. 346/-July 18, 1959-from the President of the National As- sembly; ORDAIN Article 1. The conditions for air traffic and for the utilization of air- fields are subject to the national regulations and to the international agreements to which the Kingdom of Laos is a party. PAGENO="0218" 1620 AIR LAWS AND TREATIES OF THE WORLD Article ~. Flights over certaiii areas of the territory may be pro- hibited by presidential decree, for military reasons or in the interest of public safety. Flights over built-up areas are authorized only at such an alti- tude that landing, beyond the built-np area or on an airfield, shall always be possible in case of engine failure. Article 3. Every aircraft must. be. registered. The manner of regis- tration is prescribed by Royal Ordinance. The national registry of the aircraft shall be certified. Article 4. Public airfields are provided by the State. Private airfields may be established only with the authorization of the corn petent administration. Article ~5. The establishment of easements adjacent to an airfield, iii the iliterest of aerial navigation, shall entitle the owne.r to compensa- tion if he thereby suffers present and real damage. Article 6. No regular airline service shall be created and operated without a concession when a public service is involved, or without prior authorization of the competent administration when private operation is involved. Article 7. The owner or lessee of an aircraft shall be considered as the operator thereof. Accordingly, he shall be considered as respon- sible for the personnel employed by him in the operation of the aircraft. Article 8. Any person engaged as flying personnel shall be in- scribed in a register kept by the services of the Ministry in charge of Civil Aviation. Persons having been sentenced to penal servitude and loss of civil rights may not be so inscribed. Certificates required for flying personnel are prescribed by decree. Article 9. The manner of application of the present law shall be established by Royal Ordinance and, specifically, by the technical and administrative rules and regulations concerning: airfields open to air traffic and the fees for their utilization; the legal status of the aircraft; telecommunication for aerial navigation; air traffic: air transportation: flying pe.rsomiel; light, and private aircraft. Such regulations shall remain within the frame of the international agreements for air transportation and for civil aviation signed by the Kingdom of Laos. Article 10. The technical and administrative rules and regulations concerning both civil and military aircraft shall be established after approval by the Ministry of National Defense. Article 11. Infractions of the. laws and regulatrnns governing civil aviation shall he prosecuted before the competent. courts. Pen- altie.s incurred shall he either fines from ONE TITJNDRED KIPS to FIVE T~TTTNDRED THOUSAND KIPS or imprisonment from six days to six months, or both. Article 12. The. regulations for the application of the present law shall prescribe, within the above limits, the amount. and/or duration of the penalties provided for the different types of infractions. Article 13. This ordinance shall become effective as a State Law prior to ratification by the National Assembly. PAGENO="0219" AIR LAWS AND TREATIES OF THE WORLD 1621 Article 14. The Prime Minister, President of the Council, Minister ~of Planning, of Public Works and Transportation, of Public Health, of Social Matters and of Justice, and the Minister of National iDe- fense are charged, each within his sphere of responsibility, with carrying out the provisions of this law. OFFICE OF THE PRESIDENT COUNCIL OF MINIsTi~us PRESIDENTIAL DECREE on Safety find Security Reg?ilations for Airfle7~ Open to Civilian Traffic No. 276/PC IN CONSIDERATION OF: Royal Ordinance No. 100, April 2, 1952, on Reorganization of the Council of Ministers; Royal Ordinance No. 36, January 24, 1959, on Nomination of Members of the Royal Government; Presidential Decree No. 206, June 12, 1959, on Reorganization of the Directorate of Civil Aviation; Law No. 133, March 17, 1953, and Royal Ordinance No. 238-45/ CR, August 11, 1953, on Legislation and Regulation of the Public and Private National Domain: Royal Ordinance No. 260, September 23, 1955, on Competence for the Administration of Airfields; Royal Ordinance No. 40, February 24, 1957, on Organization of the Control of Civil Aviation; Royal Ordinance No. 37, January 26, 1959, establishing areas of competence in regard to navigation and air traffic; Presidential Decree No. 302, September 17, 1952, on Direct Collection of Fines (for infractions) of Highway Traffic (Regu- lations) Upon proposal by t.he Minister of Public Works and Trans- portation; After hearing by the Cabinet Council (Fleeting of August 13, 1959) It I~ Decreed That: CHAPTER I-INSTRUCTIONS Article 1. Airfields open to civilian air traffic are a part of the Pub- lic Domain of the State and are placed under the control of the Di- rectorate of Civil Aviation, delegated to the latter as a function of the Ministry of Public Works and Transportation, responsible for their administration, maintenance and repair. The airlines, the national public services, including the Adminis- tration of Customs a.nd State Managements the Police, the Public Health, the Postal and Telecommunication Services and the Meteor- ological Service are required to exercise their respective functions on them. PAGENO="0220" 1622 AIR LAWS AXD TREATIES OF THE WORLD Article 2. T~Tnless specifically so authorized by the representative of the Directorate of Civil Aviation, any person, animal or vehicle is- prohibited from entering upon surfaces reserved for aircraft or in the interior of the installations specified in Chapter III below, as well as in the interior of the installations reserved for the public services. Article 3. Free access is permitted to the surfaces and the interior of the installations reserved for the public. Such access may be prohibited- for technical or safety reasons; during receptions or manifestations; to any person either intoxicated or improperly dressed or begging or dangerous to public safety or interfering with officials of the state in the exercise of their duties. Article 4. Smoking is prohibited: 1) in the areas where aircra ft. are stationed; 2) on board aircraft while st.ationary or moving over the ground; 3) in areas specifically so posted. Article 5. It is prohibited to place or store fuel and combustible mat- ter on the. surfaces reserved for air craft. Article 6. Except for (authorized) servicing, it is prohibited ~ handle the propellers, rudders, and, in general, all parts of any air- craft.. Article 7. It is prohibited to simultaneously load and refuel, and/or service, any aircraft.. Article 8. It. is prohibited to approach closer than twenty meters to any aircraft which is in the process of being fueled and serviced. Article 9. Access to loading areas is strictly prohibit.ed to any per- son except: agents of the Administration, the airlines and the (public) services in the exercise of their duties; passengers with tickets during l)oarding or leaving an aircraft, while under the supervision of agents of t.he companies responsi- ble for such aircraft.: pilots of private airplanes proceeding to of from administrative offices for the purpose of complying with necessary formalities; pilots and passengers of private airlines while uiicler the super- vision of agents of such companies; passengers of private airlines equippe.d with an authorization from the commander of the airfield or while under the supervision of pilots of such airlines: visitors accompanied by an agent designated by the Adminis- trat.ion or equipped with special authorization issued by the com- mander of the airfield. Article 10. Any collection, solicitation, distribution of cards, ad- dresses, and prospe.tus. ;uiv Illivassing for hotel ~n~comrnodations~ transportation and offers of service, etc., are prohibited within the interior of airfield, except for such organizations properly authorized to do so for purposes of aviation publicity. Ai'ti~cle 11. Personnel of the airlines, warehouses and services oper- atin~ on t.he airfield shall carry a personal identification card issued by the Commander of such airfields. This card shall be presented to authorized agent.s upon their demand PAGENO="0221" ArE LAWS AND TREATIES OF THE WORLD 1623 Agent.s of public services on duty shall have access to the airfield upon presentation of their service identification card. Article 12. Access to the parking areas is reserved exclusively in the following order of priority: 1) to cars of passengers and persons accom~)anying them; 2) to cars of airfield users (personnel of the Administration and of tile airlines) 3) to cars of visitors; under regulations established and posted by the Adininist ration of the Airfield. Article 13. Persons entering and moving in those parts of the air- field that are open to the public, shall comply with audible, visual, stationary, mobile, and all other signs and indications regularly installed. Article 14. Police Officers and duly sworn airfield guards may pre- pare reports (of infractions of regulations). Such reports shall state: 1) the full name, duties and address of the guard; 2) the date, hour and place where they were prepared; 3) the facts which they are intended to establisil; 4) the full name, age, occupation, address and civil status of the offender; 5) the witnesses and, if possible, their statements; 6) the list and description of any matter impounded as evi- dence, and shall be signed by tile police officer or airfield guard. If the perpetrator of the offense is a minor or a servant, they shall state the full name and address of the father or employer. Specifically, tue reports shall state the circumstances which will make it possible to evaluate the damage or loss caused to the State. Arti~7e 15. Police officers and duly sworn airfield guards may re- quest the assistance of tile public forces in the control of offenses and infractions which they are charged with determining. If the perpetrators of such offenses are not known, reports shall be prepared against a person or persons unknowii with all the details otherwise required by this decree. CHAF~ER II~C~5TOMS CONTROL ON AIRFTELDS Article 16. Customs control is applicable to airfields open to civilian aviation and so designated by Royal Ordinance. Artcle 17. Tile installations and orders for customs control on air- fields are established for the exercise of the functions of agents of tile Administration of Customs and State Management, of the Police and of Public Health. Art;cle 18. On airfields with customs control, access to the surfaces reserved for aircraft is prohibited during tile inspecttions made by agents of the Administration of Customs and State Management, of the Police, and of Public Ilealtll. A rt ic/c 19. l)uring the inspection of passengers of an aircraft, there are admitted to the installations of the public services onl such pas- sengers as are subject to inspection, together with their luggage, and the authorized personnel of tile airlmes. Tile Administration of Customs and State Management, the Police and of Public Health shall establish, in cooperation with tile Direc- torate of Civil Aviation, the measures suitable for each airfield with PAGENO="0222" 1624 AIR LAWS AND TREATIES OF THE WORLD customs control to carry out the provisions of this article. These' measures shall be embodied in Ministerial Decrees. A rticle 20. Inspection of animals and merchandise transported on. private planes is subject to current legislation in the manner estab- lished by the Administration of Customs and State Management, of the Police, of Public Health and of Civil and Commercial Aviation. CHAPTEU Ill-FLIGHT SERVICE AREAS AND INSTALLATIONS Article 21. The flight service areas reserved for ground movement of aircraft on airfields open to civilian air traffic are as follows: the hardstands or parking aprons; the taxiways: the runways; the runway overruns and lateral safety zones. Article 22. The flight service installations on airfields open to civilian air traffic are as follows: the aircraft hangars; the aircraft repair shops; the fuel and combustible matter storage areas; the storage rooms and warehouses for merchandise and/or mail; the rooms for the operational services for civilian air traffic and the Meteorological Service. Article 23. Supervision and control of traffic on flight service areas is exercised exclusively by agents of the Directorate of Civil Aviation or by agents of civilian and military services duly delegated for such duties. CHAPTER IV-ArRn:ELD PERSONNEL Article 24. All agents of the Public Services on permanent duty on airfields open to civilian air traffic shall wear their uniforms and insig- nia of their respective duties. Article 25. Agents of t.he Direcorate of Civil Aviation on permanent duty on airfields open to civilian air traffic are as follows: the Commander of the airfield or his assistant(s) the technical assistants for navigation and air traffic; the technical assistants for navigation and the operation of aerial telecommunication; the agents for air traffic; the agents for airfield safety and security; the airfield firemen. A i'ticfe 26. The Airfield Commander is responsible for: the administration of the airfield; the aerial navigation; the safety on the airfield; the public order on the airfield. Article 27. The Airfield Commander is aided in the exercise of his functions by the agents listed in article 25 who are placed directly under his orders. CHAPTER v Article 28. Infractions (of regulations) on airfields open to civilian air traffic are subject to legal action and the penalties provided by cur- PAGENO="0223" AIR LAWS AND TREATIES OF THE WORLD 1625 rent legislation in the Territory of the Kingdom, including matters affecting customs and state management, public order and public health. Article 29. Infractions of the provisions of articles 2 to 13, inclu- sive, of this decree shall be determined by written reports and may be punished by fines collected directly. However, if animals stray into prohibited areas, the fine shall not be less than one thousand kips. If the offense is repeated, the amount of the fine shall be doubled and the responsible owner shall be sen- tenced to prison for from one to five days. Article 30. Offenders shall also be liable for destruction and damage caused to flight service areas and installations. Article 31. Common law violations committed on airfields open to civilian aviation shall be subject to legal action and the penalties established by current legislation for the Territory of the Kingdom. Article 32. Infractions of provisions of articles 2 to 13, inclusive, of this decree may be penalized by direct fines which shall be collected by duly authorized agents of the National Police in the manner pro- vicled by Presidential Decree No. 302-September 17, 1952. Article 33. Infractions of provisions of chapter I of this decree shall be subject to fines in the amounts listed below: 1) pedestrian traffic in prohibited areas, 300 K. 2) vehicular traffic in prohibited areas, 1,000 K. 3) straying of animals, 1,000 K. 4) infraction of articles 4, 5, 6, 7, 500 K each. 5) infraction of articles 8, 9, 10, 300 K each. Article 34. This decree cancels and voids all prior provisions of reg- ulations relative to safety and security on airfields open to civilian air traffic. Article 35. The Minister of Public Works and Transportation, the Minister of Finances and National Economics, the Minister of the In- terior, the Minister of Justice, the Minister of Public Health, the Min- ister of Postal and Telecommunication Services are responsible, each within his proper sphere, for carrying out the provisions of this decree. OFFICE OF PRESIDENT (kY[JNCIL OF MINISTERS PRESIDENTIAL DECREE on Uon~yulsonj In.s~urance of Aircraft No. 284/PC THE PRIME MINISTER, PRESIDENT OF THE COUNCIL, IN CONSIDERATION OF: Royal Ordinanc.e No. 100, April 2, 1952, on Reorganization of the Council of Ministers; Royal Ordinance No. 36, January 24, 1959, on Nomination of Members of the Royal Government; Presidential Decree No. 206/PC on Reorganization of the Three- torate of Civil Aviation of the Kingdom of Laos Royal Ordinance No. 40, February 24, 1955, on Organization of Control of Civilian Aircraft; PAGENO="0224" 1626 AIR LAWS AND TREATIES OF THE WORLD Presidential Decree No. 51/PC, February 19, 1955, on Com- pulsory Insurance for Civilian Aircaft; ITpon proposal by the Minister of Public Works and Transpor- tation; After hearing by the Cabinet Council (Meeting of July 16, 1959) DECRE ES Article 1. The provisions of this decree cancel and replace those contained in Presidential Decree No. 51,/Pc-February 19, 1955. Article ~. Airlines operating over the territory of Laos shall sub- scribe to one or more insurance policies, covering all risks both related and not related to aerial navigation, with insurance companies (of Laos), or with branches of foreign insurance companies resident in Laos and approved by the Royal Government, in accordance with in- ternational laws in force for air transportation. A rticie 3. Branches of foreign insurance companies resident in Laos and approved by the Government shall be obligated to care for the victims of accidents. Payment of compensation to victims must be made in Laos. Article 4. Insurance for each aircraft shall cover specifically: the aircraft for all risks of flight and all risks on the ground; property belonging to the Administration, the owner of the air- craft, and to third parties; the crew and the third parties transported (by the aircraft) the third parties not transported (by the aircraft). Ai'ticle .5. Such insurance policies shall cover all risks to the air- craft and to the installations of the airfield open to civilian air traffic, nrising either out of the movements of the aircraft (on the ground) or by being stationed (on the airfield) either on the instructions of the owner of the aircraft or of the competent public services. Article 6. Insurance policies relative to the crew, to third parties transported and to third parties not transported shall cover all risks arising from the movements or from the presence of the aircraft on the airfield. Article 7. The list of approved insurance companies is established by the Minister of Public Works, with the advice of the Minister of Finance. Article 8. Foreign companies operating an airline or section of an airline on the territory of Laos are required to indicate and obtain approval of their insurance companies pursuant to article 2 ~ibove. Article 9. Individuals or companies chartering civilian planes, whether imported into the territory of Laos or not, for the purpose of air transportation on the territory of Laos, are responsible for subscrib- ing, for the aircraft so chartered, insurance policies as specified in arti- cles 2 to 5, inclusive, of this decree. Article 10. Presidential Decree No. 51/PC of February 19, 1955, is and shall remain cancelled to date from this day. Article 11. The. Minister of Finance, the Minister of Public Works and Transportation, the Secretary General of the Office of Council President and the Director of Civil Aviation shall be responsible, each withiii his own sphere, for carrying out the provisions of this decree. PAGENO="0225" AIR LAWS AND TREATIES OF THE WORLD 1627 PRESIDENTIAL DECREE on Regi~sti'ation of Ah'c~aft No. 14/PC January 25, 1960 THE PRIME MINISTER, PRESIDENT OF THE COUNCIL, in considera- tion of Royal Ordinance No. 100, April 2, 1952, on Reorganization of the Council of Ministers; Royal Ordinance No. 405, January 8, 1960, on Nomination of Members of the Royal Government.; The Chicago Convention on Civil and Commercial Aircra.ft, Decembe.r 7, 1944; The Agreement on Transfer of Civil Air Service and Ground Structures to the Royal Government. of Laos, dated September 12, 1953; Royal Ordinance No. 372, December 31, 1953, on Regulations for Civil and Commercial Aviation within the Territory of Laos; The Membership of the Kingdom of Laos in the International Civil Aviation Organization as of July 13, 1955; Corrigendum No. 169/PC, May 12, 1959, to Article 4 of Presi- dential Decree No. 264/PC, September 21, 1956, on Organization of the Ministry of Public Works and Transportation; President.ia.l Decree No. 206/PC, June 12, 1959, on Reorganiza- tion of the Directorate of Civil Aviation of the Kingdom of Laos; Royal Ordinance of October 20, 1952 on the Application of the Decre.e of March 26, 1938, Regulating the Registration of Boats and River Mortgages; Article 3 of the Ordinance-Law No. 272, August 19, 1959; Upon Proposal by the Minister of Public Works and Trans- portation, of the Plan, of Transportation, and of Telecommuni- cation; DECREES CHAPTER I. REGISTRATION RECORD. CERTIFICATE AND MARKINGS Artiele 1. A registration record has been established in Laos for the purpose of regist.ering civilian aircraft. This register is kept, under the supervision of the Minister in charge of civil aviation, by an official designa ted by the Minister and proposed for such duty by the. Director of Civil Aviation. Registrat.ion in the record established the national ownership and ident.it.v of the aircraft and is witnessed by the delivery of a certificale to he always carried on board the aircraft when in ope.ration. Such certificates are prepared as shown in the standard form in the appendix to this decree. Only such aircraft. may l)e registered which possess a. valid certificate of airworthiness issued in Laos. Foreign certificates of airworthiness may be validated by a pro- cedure for acceptance conferring on such original certificate the same status as a Laotian certificate. ~9-737-G5- vol. II-15 PAGENO="0226" 162S AIR LAWS AND TREATIES OF THE WORLD INFORMATION SHOWN ON THE REGISTER AND ON THE REGISTRATION CERTIFICATE Aiticle 2. Pursuant to the provisions of Appendix 7 of the Inter- national Agreement on Civil Aviation, the register and the certificate shall indicate: 1) the registration markings; 2) the registration date; 3) the. description of the aircraft (name of manufacturer, model number and serial number) 4) the name and address of the owiler; 5) the registration number in the register; 6) the home airport of the aircraft. FEES FOR ISSUANCE OF REGISTRATION CERTIFICATES, OF DUPLICATES THEREOF, AND OF CERTIFIED COPIES OF INFORMATION ENTERED IN THE REGISTER A iticie 3. Registration certificates are delivered upon payment of the various costs and expenses in connection with registration. Such costs and expenses are at. a flat rate and are a.s follows: a) 1,000 Kip for delivery of a registration certificate; b) 500 Kip for delivery of a duplicate registration certificate; c) 500 Kip for delivery of certified true copies of the informa- tion entered in the registration record (per aircraft). VALIDITY AND CANCELLATION OF REGISTRATION CERTIFICATE Article 4. The certificate shall be valid only if: 1) the indications shown on the certificate agree with the mark- ings of the aircraft which must be in accordance with provisions of articles 6,7, 8, and 10 of this decree; 2) the aircraft is not registered in another state (country). The registration certificate shall be withdrawn if it is found not to comply with these basic provisions. ENTRIES IN THE REGISTRATION RECORD Article 5. Entries to be made in the registration record and on the registration certificate are as follows: 1) registrat.ion of an aircraft.; 2) c.hange of ownership; 3) inscript.ion of a chattel mortgage on an aircraft; 4) leasing of a.n aircraft; 5) report of seizure: 6) any changes in the characteristics of the aircraft; 7) cancellation of a chattel mortgage, release from seizure and expiration of lease agreement; 8) cancellation of registrat.ion of an aircraft from the record. A1RCRAfl~ REGISTRATION MARKINGS Article 6. Aircraft. shall bear national ownership and registration markings as indicated below: a) national ownership (in Laos) shall be represented by t.he two letters `X W" in front. of t.he registration markings; PAGENO="0227" AIR LAWS AND TREATIES OF THE WORLD 1629 b) the registration marking shall consist of a group of three letters and shall be separated from the national marking by a hyphen. The letters of the registration marking shall be indicated by the official effecting registration upon presentation of a folder prepared in conformity with article 10 below. POSITION OF NATIONAL AND REGISTRATION MARKINGS Article 7. National and registration markings shall be painted on the aircraft or affixed in such manner that they will be equally perm- aiient. The markings shall be kept clean and visible at all times. They shall be placed as follows: I-Lighter-than-air craft a) I)ir'igibles: Markings placed on dirigibles shall be shown either on the outer cover or the fins. b) Spherical Balioo'ns: Markings placed on spherical balloons shall be shown in two diametrically opposed locations near the median circumference of tile balloon. c) Non-Spherical Balioon.s: Markings of non-spherical bal- loons shall be shown on both sides, approximately midships and immediately above the rigging or tile points of attachment of the suspension cables for the gondola. d) Special Cases: The markings shall be shown in such man- ner tha.t the aircraft can be easily identified. Il-Heavier-than-air craft a) lVings: Markings shown on the wings of such craft shall not be less than 50 cm in height. b) Fu~se7age (or corresponding structure) and Vertical Stabi- lizer: Markings shown on the fuselage (or corresponding struc- ture) of such craft shall not extend beyond tile visible contour (from the ground) of tile fuselage (or corresponding structure). Tile letters shall be as high as possible. but in no case less than 15 cm nor more than four-fifths of the average height of tile fuse- lage. Markings shown on the vertical stabilizers of such craft shall leave a border of not less than 5 cm parallel to the edges of the vertical stabilizers. c) Special Cases: If an aircraft has no structural part.s cor- responding to those indicated under a) and b) above, the size of the markings shall be ade.quate to permit easy identification of the aircraft. TYPES OF LETrERING FOR NATIONAL AND REGISTRATION MARKINGS Article 8. Such letters shall be capital letters in roman type, without ornamentation. IDENTIFICATION PLATE Article 9. Every civilian aircraft shall be equipped with a metal identification plate not less than 10 cm wide and 50 Cm high, on which shall be engraved the national and registration markings, the full name and address of the owner, and the number and type of the cer- tificate of airworthiness. PAGENO="0228" 1630 AIR LAWS AND TREATIES OF THE WORLD The plate shall be affixed to the craft in a location easily visible and near the main point of entry to the craft. CHAPTER Il-REGIsTRY OF AX AIRcRAFP AND OTHER ENTRIES IN THE REGISTER ji~t;c7e 10. Registry in the. record is effected upon presentation of a request prepared by the owner of the aircraft and addressed by the latter to the. Registration Office. The request shall indicate the number of the certificate of airworthi- ness or of the request made for obtaining such certificate or of the validation of such certificate. The request shall be accompanied by: a) a document establishing the identity and nationality of the owner: if the latter is a. company, proof shall be furnished that the company has complied with the regulations in force in regard to authorization for operating air transportation services or per- form other functions in connection with this; b) a. document furnishing proof that the petitioner is actually the owner of the aircraft; c) a declaration that the aircraft is not registered in another State (country). If the aircraft has already been registered in another foreign country, the request shall be accompanied by a certificate from such country stating that the aircraft has been struck from the registration record of such country; d) if the aircraft. has been manufactured in a foreign country, proof shall be furnished that an import license was obtained and that customs duties and import taxes have been paid. REGISTRY OF ChANGES IN ChARACTERISTICS OF AN AIRCRAI~I' Ait~e7e 11. Any changes in the characteristics of an aircraft regis- tered in the record shall be reported to the registration office, pur- suant to article 2 of this decree, within a maximum period of six months. Together with the date, such changes shall be entered in the register and also shown on the registration certificate. REGISTRY OF LEASING OF AN AIRCRAFE Artkle 12. If the owner of an aircraft desires to enter a contract for lease of such craft in the registration record, he shall address a corresponding request to the registration office, accompanied by the contract for lease. The request shall indicate the date of such con- tract, the duration of the contract, and the civil status of the lessee. REGISTRY OF CHANGES IN OWNERSHIP THROUGH DEATII~ OF TITLE, DEEDS OR ADJTTDICATION TRANSFERRING, CONSTITGTING OR DECLARING OWNER- ShIP OR OTHER CLAIMS Artile 13. The provisions of Titles IT, III, IV, and V of the decree of March 26, 1938, for boats with a tonnage of not less than 16 tons are applicable to aircraft registered in accordance with the provisions of this decree: 1) Registry of any changes in ownership through death as well as through any title, deeds or adjudication transferring, con- PAGENO="0229" AIR LAWS AND TREATIES OF THE WORLD 1631 stituting or declaring ownership or claims other than mortgages shall be made after a request in two copies has been filed with the registration office by the new owner. 2) The request shall be accompanied by a duly certified copy of tue document which authorizes the transaction, together wlth proof of the nationality and identity required by article 10(a). 3) The request shall indicate, the type of aircraft, the date and letters of registration and, if it. concerns title, deeds, or acijuclica- tions, the specifications of article 21-1), -2), -3) of the decree of March 26, 1938. The requests shall be prepared on special forms furnished by the registration office. 5) [sic] If such changes in registry apply to several aircraft, a separate request shall be prepared for each such aircraft. 6) One of the two copies of the request is returned to the peti- tioner after having been stamped, by the registering official, as certification that registration has been effected. The other copy shall be kept by the registration office and shall bear the number and date of entry in the registration record specified in articles 19 and 20 below. 7) Requests which are not prepared in the manner specified above shall be refused. 8) When a request has been refused, the official in charge of the registration record shall record such refusal, together with the reason therefor, in the margin of the record. 9) The official in charge of tile registration record shall num- ber and initial tile pages of each request and silall file such requests as tiley are received, in the folder of tile aircraft to which the e.Iltry relates. 10) If ownership is relinquished: a) the former owner is required to return the registration certificate to tile registration office; b) the request provided for in paragraph 1) shall be made by tile new owner within a maximum period of six months from date of sale of tile aircraft. If the new owner does not. comply with tills procedure within the period required, tile aircraft shall be struck from tile registration record. REGISTRY OF ChATTEL MORTGAGE Article 14. Registry of a chattel mortgage shall be effected in ac- cordance with the provisions of the decree of March 26, 1938. The schedules for registry of tile lien shall include; 1) tile information required by the decree of March 26, 1938; 2) the list, of tue flight instruments and accessories which are a part of the aircraft; 3) if one or more propulsion units are included in the lien, those included in tile lien shall be listed individually. Such schedule(s) shall be prepared on request. forms furnisiled by the registration office. Schedules not prepared in accordance with tile above requirements shall be refused. In such case, tile official in cilarge of tile registration PAGENO="0230" 1632 AIR LAWS AND TREATIES OF THE WORLD record shall note such refusal and the reason therefor in the margin of the register. If the J)etitioner has not used the form prescribed by this decree in preparing his request. the official in charge of the registration rec- ord shall, however, temporarily file one of the copies in the proper place in the registration record. However, not. later than 15 days from date of deposit. of the request. he shall notify the petitioner by registered letter to replace the temporary schedule., within a period of fifteen days. by one prepared on the prescribed form. 1~pon expiration of this J)eriodl the temporary schedule shall be returned to the petitioner. After having beeii prepared on the proper form, the prescribed form is put in the place of the temporary schedule which is retained by the official in charge of the registration record. Such exchange shall be properly noted in the registration record. The official in charge of the registration record shall enter on eac.h copy of the schedule filed in the registration office the serial number and date of registration in the record as provided in articles 19 and 20 below. He shall number the pages of each schedule and file the schedules, as they are received, in the folder of the respective aircraft. REGISTRY OF SEIZURE Ait;cle 15. Proceedings of seizure shall be registered as prescribed in article V of the decree of March 26, 1938. CANCELLATION OF REGISTRATION Jit~7e IC. If the aircraft is destroyed or damaged beyond expec- tation of further utilizatioii on flying service, the owner shall be re- quired to so inform the authorities specified in article 1 above. Such declaration shall include the place, the date and the general circumstances of the accident. The aircraft. shall then be struck from the register. It. shall also l)e struck from the latter if the Minister in charge of Civil and Commercial Aviation receives official or authentic documents proving the destructiomi of the craft or the disappearance of the owner. ENTRIES ON TilE REGISTRATION CERTIFICATE A,t~c7e 1~. In sup~)ort of requests or schedules submitted for reg- istry under the provisions of articles 13 and 14 of this decree, the regis- tration certificate shall be J)Iesemltedl for the required entry of either the change of ownership through death or through title deed or acliiidicat ion. The same procedure shall he followed when the cancellation of a chattel maitgage is requested as prescribed in articles 22 and 23 of the decree of March 26. 1938. For the registry of chattel mortgages. the debtor is required, at his choice, to either join the creditor(s) in presenting the regist.ration certificate or to require the creditors to present the registration cer- tificate in his stead. as the case may be. PAGENO="0231" AIR LAWS AND TREATIES OF THE WORLD 1633 DELIVERY OF STATEMENTS OF REGISTERED MORTGAGES OR SEIZURES Ai't~c7e 18. Any person desiring to obtain a statement of the mort- gages or other claims registered against an aircraft~ or a certificate that no such lien exists shall present a written request to the oflicial in charge of the registration record. The same procedure shall be followed to obtain a transcript of the proceedings of seizure effected under provisions of the decree. of March 26, 1938. CHAPTER III. CHARACTER AND MANNER OF KEEPING REGISTERS Jrtkle 19. The official in charge of the registration record shall be required to keep: 1) one receiving register; 2) one register to contain the registrations, the entries of changes in ownership through death, through title deeds or ad- judication transferring, constituting or declaring ownership or claims, and the transcriptions of proceedings of seizure. RECEIVING REGISTER Article ~2O. In the receiving register provided by the preceding arti- cle, the official in charge of the registration record shall enter all pertinent documents received by him, (including) All documents produced for recording change of ownership through death, through title deeds or aclj udication transferring, constituting or declaring ownership or other claims; Reports of proceed mgs of seizure to be recorded: Instruments or extracts from instruments covering subrogation or priorIty (of lien), and total or partial cancellation to he. recorded And, in general. all documents I)roduced pursuant to the decree of March 26, 1938 and of this decree. Such dociunents shall receive, a serial number and the date. of such regist rat ion. The serial number and the date of registration furnish proof of the date and sequence of the entries. The receiving register shall contain counter-foils. After the docu- ments have been re~~stered. a receipt shall be. det~iclied from this regis- ter and handed over which shall St ate 1) the serial number an(l date. of registration affixed to the documents as prescribed in the preceding paragraph 2) the full name of the p~ ~t 3) the. number and character of the documents and thc P~"P°~ for which they were submItted: 4) the make of the aircraft 011(1 time date and letters of regis- tration. The receipt shall be dated and signe(i by the official in charge of the registration record. This receipt shall be presente(l to thie.sammie official when return of the documents is requested and the latter shall bear a notation that they have beell registered. The register shall be signed on the first. and last. page, and shall be numbered and initialled on all other pages, by the authority designated in article. 1 of this decree. PAGENO="0232" 1634 AIR LAWS AND TREATIES OF THE WORLD When a. new register book is required after the old one has been filled, the serial numbers of registration in the. new book shall begin with the next. number subsequent to the last number in the old book. REGISTRATION AND ENTRY RECORD Ait;e7~ 2J* The registration and entry record prescribed by article 19 shall be a special loose-leaf binder, consisting of a series of folders as cx I)lained below. Such a folder shall be opened for each aircraft for which registration is requested pursuant to article 10 of this decree.. The official shall inscribe at. tile head the serial number and the letters of registration. Each folder shall consist of three (list met. sections: a) The first section shall show the, information prescribed in article 2 of this decree or, if the. aircraft. is under construction, the, information shown in the declaration prepared as prescribed in article T of the decree of March :26, 1938. Declarations concern- ing changes in characteristics, or lease or loss of the aircraft. shall be entered ill this section. b) The. secon(l section of the. folder is reserved for the entries prescribed in articles 1 and 13 of this decree.. In this section shall be filed tile requests and the schedules of chattel mortgages as provided in the articles mentioned above. Notations of new ad- dress, of subrogation and priority (of lien) as well as of total or l)aI~~al cancellation shall be entered in the appropriate margin of the chat tel mortgage schedules. c) The third section is reserved for filing reports of proceedings for seizure and on the latter shall be entered the number and date of the. entry shown in the receiving register. Any necessary addition or change on one of the entries as provided in paragrap I)) above may be. effected only on the. date aiid in the man- ner and conditions in which a new entry shall be made. INSPECTION OF REGISTERS Art ide 22. Each year, during the. month of December, the. authority des~gnate.d in article 1 of this decree shall require presentation of the registers prescribed by the preceding articles, shall inspect the manner in which they are kept, shall ascertain that the provisions of this die- cree have been strictly followed, and shall make a. corresponding nota- t.ion immediately i.elow the last entry in the. receiving register. Article 2-i. All provisions contrary to this decree are null and void. Artirle 24. The Minister of Public. Works, of Planning, of Trans- portation and Te.lecommlulication, the Minister of Finance, of Na- t.iona.1 Economics and of Agriculture., the Minister of .Just.ice, of Re- ligious Faiths, of Sports and Youth are required, each within his sphere. to carry out the provisions of this decree. PRESIDENTIAL DECREE on Regulation of Aircraft Traffic and Naviation TVithin the Airspace of the Kingdom of Laos TIlE PRDIE MINISTER, PRESIDENT OF COUNCIL, IN CONSIDERATION OF: The Constitution of the Kingdom; PAGENO="0233" AIR LAWS AND TREATIES OF THE WORLD 1635 Royal Ordinance No. 100~ April 2, 1052~ on Reorganization of the Council of Ministers; Royal Ordinance No. 405, January 8, 1960. on ~omination of Members of the Royal Government; The Chicago Convention on Civil aiìd Commercial Aviation of December 7, 1944; The Agreement on Transfer of Civil Aviation and Ground Structures to the Royal Government, dated September 12, 1953; Royal Ordinance no. 372, December 31, 1953, on Regulation of Civil arid Commercial Aviation within the Territory of Laos; The Membership of the Kingdom of Laos in tile International Civil Aviation Organization as of July 13, 1955; Corrigendum No. 169/PC, May 12. 1959, to article 4 of Presi- dential Decree No. 264/PCj May 12, 1956, on Organization of the Ministry of Public Works; Presidential Decree No. 206/PC. June 12, 1959, on Reorganiza- tion of the Directorate of Civil Aviation of the Kingdom of Laos; Royal Ordinance of October 20, 1952 on the Application of the Decree of March 26, 1938, Regulating the Registration of Boats and River Mortgages; Article. 3 of the Ordinance-Law No. 272, August. 19, 1959; Upon Proposal by the Minister of Public Works, of Planning, of Transportation and Telecommunications; DECREES Article 1. Aircraft may fly freely over the territory of Laos. How- ever, foreign aircraft may not fly over the territory of Laos unless the right to do so has been established by a diplomatic agreement. or unless it has been so authorized by special and temporary permit. Article 2. Air traffic includes general traffic and operational military flights. Article 3. General air traffic is constituted by all flights of civilian aircraft and of aircraft of the State when the latter are engaged on flights of a nature similar to those which precede. General traffic falls within the competency of the Minister in charge of Civil Aviation. Article 4. Military traffic. of operational nature. is constituted by such military flights that are not subordinate, for technical or military reasons, t.o the control of the civilian services for aerial navigation. Military traffic falls within the competency of the Minister of National De.fense (Air Staff). Article 5. The regulations applicable to each of these types of traffic shall be compatible. with those which control other types of air traffic. Article 6. The rules of aerial navigation so defined are applicable to all aircraft that are a part. of the general air traffic. within the air space in which aerial navigation services are furnished by tile Aciministra- tion of Laos. Article 7. They are applicable, outside of tile Laotian Air Space, as defined in article 6 to all aircraft. of Laotian registration, to the extent in which they are compatible with the rules issued by the State (coun- try) which has authorized such aircraft to enter the air space in which it finds itself. PAGENO="0234" 1636 AIR LAWS AND TREATIES OF THE WORLD Ai~tiele 8. The right of aircraft to fly over privately owned land may be exercised only under such conditions as will not infringe on the rights of the owner. Ai~tic7e 9. Overflights of certain areas of the Laotian Territory may be. prohibited by decree for reasons of military necessity or public safety. The. 1ocation and confines of prohibited areas shall be specified in any such decree. Any aircraft entering into such a prohibited area shall be required, upon becoming aware of the fact, to give the regulation signal and land on the nearest. airfield outside of the prohibited zone. Wi~e.n a territory is dec]ared to be under martial law and overflights of such territory have been prohibited, any aircraft having trespassed on such prohibition shall be seized upon at any point of the national territory. The. occupants of the craft. shall be brought before the mili- tary courts and charged with espionage unless the pilot can furnish the reasons which induce.d him to fly over the territory. If the aircraft is discovered in flight, it shall land at the nearest air- field immediately upon the first summons by warning shots. As soon as such a summons has been received, the aircraft shall immediately re- duce speed and descend to a lower altitude and, if it fails to comply, shall he forced to do so. Article 10. Aircraft. shall fly over cities or built-up areas only at such heights that landing shall still be possible, in case of engine failure, be.yond such built-up area or on a public airfield. Article 11. Any acrobatic flights including manoeuvers dangerous or needless for proper control of the craft shall be prohibited above built- up areas or the part of airfields open to the public. Article 12. Stunting of aircraft at. public shows shall take place only after a permit has been issued by competent authority in the manner provided in the regulations on air traffic. Article 13. Except for circumstances beyond the control of the pilot, aircraft. shall not land on or take off from any other point except public airfields or those open to the. public or authorized private airfields. Article 14. In case. of a (forced) landing on private property, the owner of the. land may not. interfere with the take-off or removal of an aircraft. which was not ordered to be seized, except as provided in the third paragraph of article 9. Article 1.5. Aircraft. on international flights shall cross the border by following the prescribed aerial flight path and shall land only on air- fields with customs control. However, certain classes of aircraft, by reason of the nature of their operation, may be administratively authorized to land at airfields with customs control. In that case, such authorization will specify the air- field for landing and take-off, the aerial flight path and tl1e signals to be given in crossing the border. Article 16. Any aircraft landing on an airfield is subject to the con- trol and inspection of the administrative authorities and the same applies t.o aircraft landing on private property. Article 17. Any aircraft at any point of its flight (over the territory) shall comply with the orders of stations and planes of the Customs and the Police, regardless of the manner in which such orders are given. Article 18. Except. in an emergency, freight or any other objects shall not be thrown overboard, except as concerns regulation ballast. PAGENO="0235" AIR LAWS AND TREATIES OF THE WORLD 1637 Article 19. Legislation and regulation in force relative to secrecy of radio communications (telephone or telegram) shall be complied with by stationary or mobile radio stations for aerial navigation. Article ~2O. Flight rules for general air traffic are established by the regulations for aerial traffic and telecommunications. The texts of the regulations on which these rules are based shall be prepared by the Ministry of Public Works, Transportation and Tele- communication (Directorate of Civil Aviation). Article ~1. The Minister of Public Works, Transportation and Tele- communications, the Minister of Foreign Affairs, the Minister of the National Defense, the Minister of Justice and the Minister of the In- terior are charged, each within his sphere. with carrying out the provi- sions of this decree. PAGENO="0236" PAGENO="0237" LEBANON AVIATION LAW IN LEBANON, PROMTJLGATED ON 11TH JANUARY 1949 1 The House of Deputies has passed and, The President of the Republic publishes the following Law: CHAPTER I-AIR SPACE Art~c7e 1.-The State has complete and absolute sovereignty over the air space of its territory. The air space is that space covermg the territory and territorial waters of the State. Article 2.-No aircraft is allowed to fly over, or land on, Lebanese territory without first having obtained permission from the Minister of Public Works or having acquired the. recognised right to do so under an accord concluded between Lebanon and the country to which it belongs. CHAPTER II-AIRCRAFT SUB-CHAFTER 1-TYPES OF AIRCRAFT Article 3.-For the purpose of this Law-, every machine capable of taking off and flying shall be deemed an aircraft. This definition in- cludes airships and balloons of all kinds. Article 4.-Aircraft shall be classified as Governmental and civilian aircraft.. (a) Governmental aircraft are subdivided into military aircraft and civil aircraft. 1) Military aircraft are those belonging to tile army and used for national defence. Their military capacity shall be established by their registration certificates. 2) Aircraft belonging to other public services e.g. Gendarmerie, Police, Customs, Public Health etc. shall be considered as Govern- mental civil aircraft. (b) Civilian aircraft are subdivided into Commercial and Private. 1) All aircraft used for the transport of goods, passengers and mail against payment shall be considered as commercial aircraft. 2) Every aircraft possessed by an individual or an organisation and used exclusively for the private purposes of its owners shall be considered as a private aircraft. Article 5.-The Minister of Public Works shall specify marks dis- tinguishing each type of aircraft. Article 6.-Eacli type of aircraft shall be subject to tile rules speci- fied in this Law and the decrees and decisions issued thereunder or by international conventions. ~ English text supplied by Lebanese Government. 1639 PAGENO="0238" 1640 AIR LAWS AND TREATIES OF THE WORLD SFB-CIIAPTER 2-NATION~~LITY, OWNERSHIP AND REGISTRATION OF AIRCRAF1' Ait17e 7.-Aircraft shall be classified according to their nationality under two categories: national and foreign aircraft. Ji't~c7e 8.-Eacli aircraft must have a. nationality and may not be recognised by more than one nation at. the same tnne. Aitiele 9.-Everv aircraft registered in Lebanon shall be considered as a Lebanese. aircraft. A~t;c7e JO.-The Communications Directorate of the Ministry of Public. Works shall keep a register of airc.raft. The following condi- tions must be fulfilled for registration: that the aircraft is not regis- tered in another State.; that it should l)e entirely owned by Lebanese citizens or by a company fulfilling the following conditions: 1) Iii the case of a private company, (socióté en nom collectif) all pai~ti~eis must be Lebanese.. 2) In the case of a partnership (sociót~. en commandite) all active partners must be. Lebanese. 3) In the case. of a limited liability company, its nationality must. be Lebanese as well as that of the chairman of the board of directors and the majority of the board. Ai~tcle 11.-Every aircraft. registered in Lebanon must bear: 1) the Roman letters O.D. indicating its Leba.nese nationality, 2) the registration mark designated by the Minister of Public Works. Any aircraft not registered in Lebanon and not bearing the letters and sign above mentioned shall be considered as foreign. Artkle 12. A Lebanese aircraft forfeits its nationality in the fol- lowing cases: a) when the conditions prescribed by the preceding articles are no longer fulfilled. b) when its owner~s nationality is changed or it is sold to a foreigner. c) When it. is registered in a foreign country. d) If it is destroyed, lost, or becomes unserviceable. The aircraft shall be struck off the register in any of the above men- tioned cases. Artc7e 1.3.-The owner of a Lebanese aircraft must immediately notify the Minister of Public Works of any change provided for by the preceding article.. This he shall do by returning the registration certificate of the aircraft. Such a change shall not be considered as valid vis-à-vis other states until the aircraft is struck off from the aircraft registration book. ~4rtc7e 14.-Foreigners residing in Lebanon may register their aircraft in a special re.gister of foreign aircraft if such aircraft are not registered in another country. These planes will be used only within the Lebanese borders. Such aircraft shall be granted the authorisa- t.ion prescribed under Article 2 and may not be allowed to cross the Lebanese borders. Such aircraft shall be subject to the provisions of the air navigation regulations and to the conditions of their registration. Artic7e 1.~.-Xl1 Lebanese aircraft shall be recorded on the special register prescribed by Article 10. Similarly all foreign aircraft shall be recorded on the register mentioned under the preceding article. PAGENO="0239" AIR LAWS AND TREATIES OF THE WORLD 1641 There shall be recorded in the register the name and domicile of the owner, the type, name and identification number of the aircraft as well as all specified rights and agreements affecting it. Such rights and agreements shall be valid vis-à-vis others only with effect from the date of their entry in the register. Article 16.-Applications for registration shall be submitted to the Comirnuiications Directorate of the Ministry of Public Works, which will allot registration marks and furnish each with a certificate of registration. Article 17.-Aircraft shall be regarded as moveable property accord- ing to the laws and regulations in force in Lebanon. Transfer of own- ership must, however, be effected by a dcccl which shall not be valid between the contracting parties and vis-a-vis others except after its being recorded in the appropriate public register. Article 18.-The transfer of ownership of an aircraft whether through inheritance. mutual agreement or for any other reason must be entered in the register. Similarly the new owner must. register every legal decision regarding transfer or establishment of ownership. The transfer of ownership shall only become valid from the date of its entry in the register. Article 19.-Only registered aircraft. may be insured. The insur- ance policy shall take effec.t only from the date of its registration. The insurance policy may include a comprehensive cover instead of making the insurance consequent only on the total loss or damage of the aircraft. Article 20.-Every person acquiring a right to an aircraft in good faith by virtue of an entry in the register shall remain in possession of that right.. SUB-ChAPTER 3-HIRE OF AIRCRAFT Article 21.-In the event of an aircraft. being hired for several con- secutive years or for a specified period, its pilot and crew shall con- tinue to be under the management of its owner in the absence of any agreement. to the contrary. Such an agreement can be made only with the approval of the. Ministry of Public Works. Article 22.-The owner of an aircraft. hired to another person shall remain responsible for the legal obligations and shall jointly be respon- sible with the lessee for the contraventions of such obligations. Nevertheless in the event of the lease agreement being recorded in the Register and the lessee fulfilling time legal conditions for acquiring a Lebanese aircraft., the lessee as operator of the. aircraft. shall alone be responsible for the legal obligations and for their contraventions. SUB-CHAPTER 4-SEIZURE OF AIRCRAFT Article 23.-Confiscation and compulsory sale of aircraft shall be carried out in accordance with the rules provided for by the Code of Civil Procedure save in special cases J)rovided for by international treaties and conventions. Seizure shall be recorded in the special register of aircraft. Article 24.-In case of damage caused on land through the crash of a foreign aircraft or a Lebanese aircraft whose owner is domiciled abroad, or in the event of a foreigner contravening the provisions of this Law, the local Public Authorities or the officials mentioned in PAGENO="0240" 1642 Am LAWS AXD TREATIES OF THE WORLD article 63 of this Law may call on the Public Security Forces to detain the aircraft for T~ hours to enable the Judge of the Peace of the area to visit the spot and determine the extent of damage. The ~Judge may then order an immediate deposit of the estimated amount of damages and expenses together with tines in case of con- travention. If a deposit. or guarantee for the same is not produced he shall order the seizure of the aircraft pending settlement of the case. Aitie7e 25.-T he. Ministry of Public Works may order the confisca- tion of any national or foreign aircraft not fulfilling the conditions prescribed by this Law or the decrees and decisions issued for its implementation or if its pilot has infringed such provisions. Aiticle ~6.-Confiscation of aircraft may only be ordered in the cases prescribed by the existing laws and regulations or those subse- quently enacted. CHAPTER 111-FLYING SUB-CHAPTER 1-fl~yING RIGHTS A,'tiele 27.-Foreign military aircraft. may not fly over or land on Lebanese territory except with an authorization from the Ministry of Public Works after obtaining the consent of the Minister of National Defense save iii the cases provided for by international treaties and agreements. Ai~tic7e ~?8.-No foreign non-military aircraft may fly over Leban- ese territory unless authorised to do so under international convention or possessing a. special or a temporary licence issued by the Minister of Public. Works in which cases it will receive the same treatment as that accorded to Lebanese aircraft by the State to which that aircraft belongs. Ai~tic7e ~?9.-The establishment and exploitation of regular inter- national airlines are subject to a. prior authorisa.t.ion from the Council of Ministers. Article ~3O.-Aircra.ft are not. allowed to fly over private property in a. way inimical to the rights of the owner. With a view to ensuring public safety the Minister of Public Works shall determine the routes he deems it. appropriate for aircraft to follow. Article 31.-Flvin~ over certain Lebanese areas may l)e prohibited for military or public security reasons. Such areas shall be deter- mined by a Decision from the Council of Ministers on recommenda- tion of the Minister of National Defence. In special cases flying may be temporarily forbidden over t.he whole or part of the. Lebanese territory. Any aircraft. entering a forbidden area must, immediately on realis- ing or being warned to that effect, land at the nearest aerodrome out.- side that. zone. Article 32.-In the event of martial law being proclaimed in any part. of the Lebanese. territory over which flying is prohibited, a.ny air- craft. contravening such prohibition shaH he seized immediately after landing in any part, of Lebanese. territory and all its occupants shall be referred to military courts on the charge of espionage unless the pilot can state the, reasons which forced him to fly over that.. a.re.a. Arte7e ~]-L--An aircraft. committing an infringement must be warned by blank shots. It ~ lnlrn6dlntely deem~i~@ sp~d and de~ PAGENO="0241" AIR LAWS AND TEEATIES OF THE WORLD 1643 scend. landing on the nearest aerodrome, failing which it. shall be corn- pel led to (10 so by force.. Aiticle 34.-Aircraft are forbidden, save in absolute necessity, to fly over a town, a populated spot, a common meeting place such as beaches, race-courses, sporting stadiums, and the like, except at an altitude enabling it. to land outside the above places or on a public aerodrome, even in case of engine failure. The altitude in such a case must be over 500 metres for multi-engined aircraft. and TOO metres for single-engined aircraft. Article 35.-Acrobatic flying as well as dangerous and unnecessary manoeuvres are forbidden over towns, 1)oI)ulatedl spots, or the pait of a erodrornes reserved for the public. Article 36.-Xo exhibition flights can be made anywhere unless w-ith a. specia.1 authorisation of the Minister of Public Woi-ks. Such an aut.horisat.ion shall not exempt the aircraft. owners and the exhibition organizers from complying with the regulations relative to the or- ganisat.ioii of put)! ic. spectacles. SUB-ChAPTER 2-LANDING OF AIRCRAFT Article 37.-All aircraft whe.the.r desirous of landing on Lebanese territory or crossing its borders must follow the recognised routes. Article 38.-Except in cases of "force. majeure" aircraft are not al- lowed to land or take off except on public aerodrornes or on special places established for this purpose. Pilots must, on arrival at or departure from an aerodrome, comply w-ith the general regulations of aviation and the special regulations of the aerodrome. A rticle 39.-Following his landing the pilot of an aircraft. or a mein- ber of his crew must notify the aerodrome authoritie.s of any accident involving the a.ircraft and entailing the death of or injury to a person or substantial damage to the aircraft. A technical investigation shall be carried out to ascertain the causes of the accident independently of any other inquiry carried out by the legal authorities. Article 40.-Every aircraft entering Lebanese territory must land on a government aerodrome with customs facilities and take off from such an aerodrome on leaving Lebanese territory, unless the aircraft is authorised to pass over Lebanese territory without landing thereon. Article 41.-If an aircraft is forced to land on Lebanese territory, without authority to do so, as a result of an accident, bad weather or any other reason, it must land on the nearest customs aerodrome on its route. If an aircraft whether or not authorised is forced to land outside a Customs aerodrome, its pilot must notify the nearest Public or Customs Authorities he can reach. He must, in either case, give evidence of the reasons which forced him to land. He may not. resume his journey until the Authorities have checked the aircraft's register and declaration of freight if any. Article 4.~.-In the event of a pilot being forced to land his aircraft on privately ow-ned land the owner may oppose the departure of the aircraft or bs removal from his land till the arrival of the nearest local Authorities for the enforcement of the provisions of article 24. ~9-73T-----d~----vo1. II----1~) PAGENO="0242" 1644 AIR LAWS AND TREATIES OF THE. WORLD Article 43.-Customs aerodrornes and frontier posts shall be desig- nated by decree. SUB-CHAPTER 3-AERODROMES A rticle 44.-Any plot, of land or surface of water especially prepared for taking off and landing of aircraft and destined to serve public or private flying interests shall be deemed an aerodrome. Artic7e 45.-Any land suited for landing and taking off but not affording the necessary facilities for public use such as hangaring and servicing of aircraft, or acceptance of passengers and freight shall be deemed an air-field. Artie7e 4G.-No private aerodrome or air-field may be established without the approval of the Council of Ministers, with due regard to the international regulations respecting aerodromes. Article 47.-Applications for authorisation to set. up private aero- dromes must be accompanied with the following documents: 1) A general lnaj) on which is indicated the site of the aero- dl~ome in relation to the neighbouring towns. ~) A map of the l)roposed aerodrome and its neighbourhood for a distance of 1,(.)00 metres starting from the aerodrome border, with a scale. of not less than 1/1,500. 3) A note stating the proposed use of the aerodrome. 4) A writteii consent of the land owner to use his property as an aerodrome. 5) The regulations concerning the use of the aerodrome. Artic7e 4S.-The Ministry of Public Works shall institute a tech- nical inquiry and pass it. to the Council of Ministers who shall decide whether to accept or reject the. application, without being required to give reasons for the rejection. The Council of Ministers may, at any time, decide the introduction of any necessary repairs on aerodromes or air-fields, at the expense of their owners to make them conform to flying regulations or to pro- tect the public interest. Arte7e 4.9.-Owners of private aerodromes must keep a register recording the times of arrival and departure of aircraft and produce that. register to the authorised inspectors at their request. They must also permit the latter to inspect aerodromes at any time. SUB-CHAPTER 4-FLYING REGULATIONS Article ~O.-Xo aircraft will be allowed to fly in the Lebanese air space unless it is registered and it holds a certificate of serviceability. Such a certificate is issued in accordance with the technical appendix "E" of the Chicago Convention. Certificates issued by foreign States may be accepted provided they are approved Lv the Ministry of Public WJorks. Art kie 51.-Authorisation for flying shall be granted on the follow- ing con(lit iOnS a) Marks of nationality and registration must clearly appear on the aircraft.. b) The aircraft. must have all the necessary equipment required for its particular type of flight.. c) The members of the crew must. have all the qualifications pre.scribed by the international regulations, laws and conventions PAGENO="0243" AIR LAWS AND TREATIES OF THE WORLD 1645 and be in possession of licenses issued by the authorities which registered the aircraft. Tile crew shall be held to comprise the pilot., co-pilot mechanics and all other flight personnel. Article 52.-Permits given to an aircraft and its owner shall be per- sonal and will be rendered invalid in tile case of change of ownership. Permits are granted for a limited period or for a fixed journey. Article 53.-In case of test flights or instructional flights a special autilorisation from tile Minister of Public Works may be obtained in place of tile permit. Article 54.-Each aircraft. prepared for flight must. 1101(1 tile follow- ing documents: a) Registration certificate. b) Certificate of airworthiness. c) Pilot and crew licenses for each person according to his role. d) Licence for installation and use of radio, if any. e) Log-book. f) List of passengers showing the place of departure and place of destination in the case of aircraft. carrying passengers. g) Detailed "manifest" of freight in the case of aircraft carry- ing freight. Aircraft owners must retain such registers for 3 years after the date of tile last entry. Article 55.-The Pilot and crew of any aircraft. engaged in interna- tional aviation must hold licences or permits issued in accordance with tile technical appendix "E" of the Chicago Convention. Article 56.-The log-book must contain the following: Date-names and functions of the crew-places of take off and landing-times of take off and landing-nimther of flying hours-kind of flight-notes and observations signed by the person in charge-visas and a numbered passenger list. Article 57.-Unless special authority is obtained from the Council of Ministers it is forbidden to carry explosives, military arms and am- munitions, carrier-pigeons, letters included within tile Post monopoly and every other article the transport of which may be prohibited by (lecision of the Council of Ministers. Article 58.-Every commercial passenger aircraft must carry radio equipment in accordamice with the requirements of tile lilternational Civil Aviation Organisation. Article 59.-Aircraft may not use a.ny radiotelegraphic or radio- telephonic or photographic equipment unless with permission of the Minister of Public Works on tile approval of the Minister of Posts and Telegraphs. Article 60.-Every aircraft landing Oil an aerodrome. airfield or on private land shall be subject. to the control and supervision of the Public Authorities. Article C1.-Every aircraft flying over the Lebanese territory must comply with the orders of the Police posts, Customs posts and Govern- ment. aircraft., in whatever form such orders may be. given. Article 62.-Tile regulations relative to the entry and exit of per- sons, import and export of goods by way of road or sea shall apply to the entry, and exit. of persons and import and export of goods by air. Article 63.-Time represe.ntatjve,s of tile Customs Department., Pub- lic Security, Public Health and other officials nominated by the Minis- PAGENO="0244" 1646 AIR LAWS AND TREATIES OF THE WORLD ter of Public ~Vorks may order any flvin~ aircraft to hind. They are empowered. without effecting any prior formalities, to carry out in- spection and exainmatioll of both the aircraft and its contents and to forbid its flvin~ contrary to the provisions of this Law and the decrees and decisions promulgated thereunder. They shall have in that case the. po~vei~s of judicial officers. The above-mentioned representatives may seize the aircraft or any document. person or goods on the aircraft pending the execution of the measures decided upon by the Authorities concerned and the comple- tion of the. legal formalities. ChAPTER TV-AIR TRANSPORT SI:B-CIIAPTER 1-TRANSPORT OF FREIGhT A itc7c 64.-Agreement for transport. of freight by air is fulfilled by a bill of lading or recipt. specifically mentioning that transport is ef- fected by aircraft. Jit~cle 65.-Before the departure and on the arrival of the aircraft, the pilot must submit to the Customs besides the log-book the follow- ing documents 1) The manifest. and declaration 1)rescribed by article 54 if the aircraft is carrying goods. ~) A list of ~ood~ carried. Ait;(ve 66.-The carrier will be held responsible for the loss or dam- age of the goods ill transport except. in the case of force majeure or an original defect ill the goods. Nevertheless, unless the value of tile goods is declared the carrier's responsibility shall be limited to the sum of £Leb. ~25 per kilogramme. A,t,c7e 67.-The carrier may exonerate himself by an explic.it clause from responsibility respecting the goods under the preceding article resulting from air hazards or errors committed by the crew. Never- tlieless such a clause shall not. relieve the. carrier of responsibility unless the aircraft is in a condition fit for navigation on its departure and its crew in possession of regular licences. In that case alone, tile ii- cences in question shall be considered evidence of non-culpability and make it. incumbent on tile prejudiced party to prove the contrary. J,~t;c7e GS.-Anv clause intended to exonerate the carrier from re- sponsibiiitv respecting all act (lone by himself or by any of his staff iii connection with the loading. P1~eser\-at ion and deiivery of the goods shall be null and void. Likewise any clause intended to free the car- rier froni responsibility for his personal errors shall be null and not binding. Jit;cle 69.-The. pilot of an aircraft may order while en route tile jettison of loaded goods if the jettison is indispensable for tile safety of the aircraft. He must jettison the cheaper goods first when pos- 51i)le. He shall incur no responsibility towards tile sender and tile con- signee for the loss of such goods. Responsibility for damage to the terrain shall remain unaffected. Ji~t;e7e ~7).-Witii clue regard to tue. preceding provisions tile regu- Eat ions of Commercial law shall apply to air transport. SUB-C IIAYI'ER 2-TRANSPORT OF PASSENGERS i(;c/e 71.-The booking ticket delivered to the passenger is coil- sidereci as a contract for his transport. PAGENO="0245" AIR LAWS AXD TREATIE~ OF THE WORLD 1647 Artic7e ~2.-Aircraft must hold a col)v of the passengers list to pro- (luce at' the request. of the competent. authorities. This, however, does not. apply to aircraft overflying the country. Article 7.1.-In the case of iiiternational transport. the, carrier must not accept passengers save after ensuring that they have the necessary permits to land at. the destination and intermediate landing places. The carrier may not exonerate himself by a special clause from responsibilit for passengers and any clause of this kind shall he coil- sidered as null and void. SUB-C IIAPTER 3-USE OF AIilCRAY~ IN CASES OF EMERGENCY Article 74.-In case of emergencies, e.g. flood, epidemics etc. the Minister of Public \Vork-s or the competent authorities may PI~OVi- sionally requisition all aircraft on Lebanese aerodromes of whatever nationality. Cii A PTER V-fl~ MAGES A ND LIABILITIES Article 75.-Pilot.s when flying must comply with flying regulations and the designated routes, and with lights and signals and take all necessary precautions to avoid damages. Article 76.-The public laws and particularly the law relating to contractual obligations shall apply to the responsibility for damage caused by one aircraft to another aircraft. while taking off. The owner or renter, whichever is the case, is legally responsible for the damages caused by his aircraft. or tile objects falling therefrom, to persons or properties situated on the terrain. That responsibility may not be extenuated or removed except on proving that. tile error arose from tile person suffering damage. It. is forbidden to throw goods or articles of any kind out. of an air- craft save in case of forc.e maje.ure. Article 77.-If an aircraft. is hired, i)Otll tile owner and renter shall be jointly responsible to others for tile damages caused by the aircraft.. Provided, however, that. if the lease agreement. is recorded in the reg- ister tile renter alone shall be responsible unless he proves that. the error arose from the fault. of tile owner or that tile accident arose from force majeure. CHAPTER VT-JURISDICTIONS IN AVIATION LITIGATION SUB-CHAPTER 1-RULES OF COMPETENCE Article 78.-Cases for determining responsibility may be referred at the plaintiff's option either to the court of the locality where the damage occurred or to that of the defendant's domicile. If t.he case relates to damages caused to an aircraft. during its jour- ney, the court of tile locality wllere the aircraft lands silall be the appropriate court to consider tile case. SUB-ClIAPTER 2-INQUESTS INTO CASES OF INFRINGEMENTS Article 79.-Inquests into infringements of this Law shall he carried out by every official sworn to this effect representing Police, Gen- darmerie, Customs, Public Works or Public Security, each according to his competence. PAGENO="0246" 164S AIR LAWS A~D TREATIES OF THE WORLD In compliance with article 57 of this Law the above mentioned Authorities ma.v seize explosives, military arms and ammunitions, carrier pigeons, mail communications, radio-telegraphic and radio- telephonic equipment carried by aircraft without authorisation. These authorities may also seize the above, articles even when their transportation is authorised if the aircraft flies over a prohibited area. Aitic7e 80.-The above-mentioned officials are empowered to seize any aircraft the pilot of which does not produce its licence or if its registration mark does not correspond with that of the registration and airworthiness certificates. Such seizures shall last until the air- craft identity is proved or its owner produces a. certificate of air- svort h mess. * Ait;e7e 81.-A Procès-verbal shall be drawn up and forwarded immediately with the inquest proceedings to the Public Prosecutor of the Court concerned. CHAPTER \`II-PENALTIES A i'tcle 82.-Imprisonment ror a period of one week to one month and a fine of 50 to 2.000 Lebanese pounds or either penalty shall be imposed on any aircraft owner committing any of the following contraventions: 1) Using or keeping ready for use an aircraft without obtain- ing registration and airw-orthiness certificates or without dis- playing the registration mark prescribed by Articles 6 and 11. 2) Using or keeping ready for use an aircraft whose airworthi- ness certificate lie knows to have become invalid. Article 83.-The same penalties shall be imposed on a pilot for the following contraventions: 1) Piloting an aircraft without licence. 2) Destroying the flight, log-book or entering therein statements lie knows to be incorrect. 3) Landing on other than the designated aerodromes without a just cause. 4) Knowingly piloting an aircraft in any of the cases quoted under the preceding article. 5) Flying over any of the places forbidden under article 31. Ai~tcle 84.-The penalty prescribed by article 82 shall be doubled when the contraventions ciuoted in paragraphs (1) of articles 82 and 83 are committed after the reject.ion or withdrawal of the registration certificate, t.he airworthiness or the aviation certificate or licence, or when the delinquent has been forbidden to operate an aircraft. Article &5.-Aircraft. pilots contravening the provisions of articles 2, 8, 27, 31, 32, and 33 shall be liable to a fine ranging between £Leb. 100 and £Leb. 2,000 and imprisonment for a period ranging from 15 days to 3 months. A i~ticle 8G.-A fine ranging between £Leb. 100 and £Leb. 4,000 and imprisonment, for a period of 6 months to 3 years shall be imposed on any aircraft owner, re.nter or pilot if lie applies to it registration marks not corresponding with those specified on its licence, or if he defaces the correct marks or makes them illegible or uses an aircraft with in- correct marks. The same penalties shall be applicable to any person giving orders for the commission of any such violations. PAGENO="0247" AIR LAWS AND TREATIES OF THE WORLD 1649 Article 87.-The penalties set out. in article 82 shall be applicable to: 1) Anyone contravening the provisions of Article 57. 2) Anyone using without licence photographic apparatus over prohibited areas or using articles or apparatus the carrying of which is prohibited. The Court may order the seizure of the articles memtionecl in the preceding 2 paragraphs. Article 88.-A fine of up to £Leb. 10 and imprisonment UI) to ten days or either penalty shall be applicable to: 1) A pilot who fails to keep all the prescribed registers in his plane. 2) A pilot who fails to retain any of the foresaid registers for a period of 3 years after the date of the last entry. 3) Anyone contravening any of the provisions of articles 34, 35, 36 and 38 of this Law. Article 89.-The sentence passed against a pilot convicted under articles 84, 85, 86 may include the penalty of forbidding him to fly any aircraft for a period ranging between 3 months and 3 years. A convicted pilot deprived of his pilot's licence must deposit his licence within 5 days from the date of the confirmation of the sentence with the Ministry of Public Works for retention during the period of deprivation, failing which he shall be liable to imprisonment~ for a period from 10 days to one month and a fine from £Leb. 10 to £Leb. 100. This shall not~ exonerate him from the application of the penalties pre- scribed by article 84 in the event of his piloting an aircraft during the period for which he is grounded. In that case all the penalties im- posed shall be imposed independently. Article 90.-Anyone entering into an area closed by the regulations or instructions of a.irport authorities or who allow-s cattle or beasts to enter, shall be liable to a fine of £Leb. 25 to £Leb. 200 and shall furthermore forfeit any claim to compensation in the event of any accident~. Article 91.-Any contravention of the provisions of the last para- graph of article 76 shall be punishable by a fine of £I~b. 50 to £Leb. 300 and an imprisonment~ for a period ranging from 10 days to 2 months or either penalty. Article 92.-Save when it is proved that the immediate landing of and aircraft would endanger its security or that~ of its passengers, any pilot who fails to land when he knows that his aircraft has caused an accident shall be liable to imprisonment for a period ranging, from 10 clays to 2 months and a fine of £Leb. 10 to £Leb. 100. Article 93.-The provisions of the Penal Code relative to repeated offences and mitigating circumstances shall be applicable to violations of the provisions of this Law, with the exception of the penalties re- lating to Customs contraventions. Article 94.-Procedures for the enforcement of this Law- shall be formulated by a Decree to be passed by the Council of Ministers. Article 9.5.-Decision No. 216 of 17.9.1934 is repealed together with all legal texts conflicting with the provisions of this Law and incom- patible with its contents. Article 9G.-This Law shall be published in the Official Journal and notified wherever needed. PAGENO="0248" PAGENO="0249" LIBERIA PriELI~1IxARY The entire legislation of Liberia passed during the period between 1928 and 1955 was codified in a single Code of Laws of 19~, and ar- ranged under 31 titles of special legal topics. This Code was supple- mented by a cumulative volume to cover the legislatioii of the years I 957-4958.~ The air law of Liberia cannot be found, as a whole, under an inde- pendent title 2 ; the legal provisions related to aviation are, scattered among numerous titles. In the unofficial compilation entitled "Acts Passed by the Legislature of the Republic of Libe.ria During the Ses- sion 1960-61," the laws enacted April 19, 1961 (pp. 134, 137-138) are also applicable to aviation. The following is a list of the titles, chapters and paragraphs con- taining pertinent provisions to air law of Liberia. LIBERIAN AIR LEGI~LAT1ON Title 13. Executive Law Chapter 14. Post Office Department Subchapter A. Civil Aviation and Communications Board Chapter 18. Department of Public Works and IJtilities Title 31. Public Health and Safety Law Chapter 8. Sanitary Aerial Navigation Act Chapter 9. Formidable Epidemic, Endemic, or Infectious Diseases Chapter 10. Prevention of the Spread of Smallpox Title 35. Revenue and Finance Law Chapter 27. Local Air Travel Tax Chapter 31. Administration: General Chapter 32. Post Regulations Chapter 34. Head Tax Chapter 36. Airports of Entry; Entry of Goods and Persons by Air Title 3. Aliens and Nationality Law Chapter 2. Admission and Deportation of Aliens Title 27. Penal Law Chapter 4. Crimes Affecting Foreign Relations Title 22. Maritime Law Chapter 8. Rules of Navigation Title 36. Transportation antI Communications Law Part I. Transportation Chapter 1. Civil Aviation Part II. Communications Chapter 11. Wire Communication Chapter 12. Radio Communication Law of April 19, 1961 (p. 134) Law of April 19, 1961 (p. 137-138) 1 Liberian Code of Laws of 1956, Adopted by the Legislature of the Republic of Liberia, Mare/i 22, 1956. Published under Authority of the Legislature of Liberia and President William `V. S. Tubman. Ithaca, New York, 1957-1955. 4 v. Cumula tire ~Supplement through Laws of 1957-1958. Ithaca, New York. 1960. v. 5. 2 "Liberia-There is no Aviation Department, proper, or law on aviation: f~r a few months past, regulations have been In preparation In order to bring the ICAO Annexes [International Civil Aviation Organization] into force." Eugcn Pepin. Development of the National Legislature on Aviation Since the Chicago Convention. The Journal of Air Law and Commerce, v. 24, Winter 1957, No. 1, p. 16. 1651 PAGENO="0250" 1652 AIR LAWS AND TREATIES OF THE WORLD TITLE 13. EXECUTIVE LAW Cn~~vI'En 11. Post OFFICE DEPARTMENT ~ ~1i. Dut;~ of Poctini.~fer GeneraL-The Postmaster General shall have the. general supervision of the Post Office. Department and shall execute all laws relating to the postal service. He shall be charged with the following specific duties * * * * * * * (k) To act as chairman of the Civil Aviation and Communication Board. * * * * * * SUBCHAPTER A. CIVIL AVIATION AND COMMUNICATIONS BOARD ~ ~. Cie'f;on n. Post Office Depai~tment: p(1~;.sc7;ct~o~L-TheI'e is hereby created in the Post Office Department a Civil Aviation and Communications Board, which shall have jurisdiction over civil avia- tion and wire communications. ~ ~3i. Pi.coiu~e7 of Boacd.-The Board shall consist of the Post- master General who shall act as Chairman, the Commissioner of Com- munications arid Aeronautics, the Director General of the National Public health Service, and not more than two advisers who shall be technicians having knowledge. training, and experience in aeronautics. ~ ~32. iJs~ef~nqs.-The Civil Aviation and Communications Board shall meet quarterly in the Post Office Department for the transaction of business: but the Postmaster General may call a special meeting at any time when there is business requiring immediate attention. ~ ~33. Po~cs~is.-Suhject to the power of the. President to provide hv regulation for the application to air navigation of the laws and regulations re1atin~ to customs and immigration, and the power of the Director General of the National Public Health Service to issue regulations relating to health and sanitation as applied to aircraft and airports of entry, the Board shall have power to draft rules and regulat ions controlling civil aviation and wire communications: pro- vi(led that such rules and regulations shall not conflict, with the in- ternational conventions controlling civil aviation and wire commu- nicatious to which Liberia is a si~natorv. ~ ~34. (~sf,~ of o;~ii~t,~i~.-The costs of operation of the Civil Aviation and Communications shall be provided for in the annual bud~et of the Post Office Department. * * * * * * C11\PTER iS. DEPARTMENT OF PUBLIC WORKS AND TJTILITIES ~ 400. ~ of P~,77c 1Von~c i~i~i7 Ut;7;f;e.s.-The. Department of Public Works and Ftihities shall be administered by a Secretary of Public Works arid Utilities, who shall be appointed by the President. by and with the advice and consent of the Senate. The Secretary of Public Works and Ftilities shall he charged with the direction and supervision of all business relating to the following subjects: * * * * * * * (c) To control and direct electrical power stations, water supply, transportation, except. civil aviation and navigation regulated by t.he PAGENO="0251" AIR LAWS AND TREATIES OF THE WORLD 1653 Mai'itinie Law, city planning and drafting of building ordiiiances in cities, alignments and levees, and sanitary engineering; * * * * * * * TITLE 31. PUBLIC HEALTH AND SAFETY LAW CHAPTER 8. SANITARY AERIAL ~AVIGATION ACT § 120. Title of Aet.-Thi~ Chapter shall be cited as the Sanitary Aerial Navigation Act. § 121. CertIficates of ;1~o(,i7,t;o1t for arih'ii~g pa~sei~gers.-Pas- sengers arriving in the Republic by aircraft shall i)1oluce a certificate of inoculation against smallpox, chow fever, and any other in- fectious diseases specified by the International Aerial Convention. Such certificates shall be in conformity with the requirements of that Convention. § 122. Certificates of iooc'ulation for departing pa~sengers.-Pas- sengers leaving the country by aircraft shall be inoculated by a quali- fied physici~in against smallpox. yellow fever, and any other infectious diseases specified by the International Aerial Convention. A certifi- cate, of inoculation signed by the physician and certified by the Na- tional Public Health Service must be produced before the passenger is allowed a ticket and permitted to board the plane. ~ 123. Ob~ein'aCon of pas.~engers cml crew in einher~.-Passengers and members of the crew of an aircraft arriving in the Republic and infected with infectious disease or suspected of being so infected shall be put under observation in accordance with regulations. § 124. Acanltar?J Aerodromes.-Sanitar\- aerodromes or other facili- ties for the purpose of diagnosis and treatment of infectious diseases among air passengers shall he established at all airports of entry. Attached to each such aerodrome shall he a physician appointed by the National Public Health Service. ~ 12~. ~ of eoi,iiiioiider ot a;,'clYIft on ai'ii ,`al.-T he commander of an aircraft on arrival ol the craft at an airport in Liher~a shall make to the competent authority a true declaration of any disease which has occurred on hoard (luring the flight just completed and produce for inspection all de~larat ions of health and other certificates concerning the state of health at all ports at which the craft landed. § 126. PIiu~tor Gt21~cI(~I7 1/1(0/ ((p71/1/ kt(ftiIt(.~ 1I1'(l I'll/eN to o~,eraft.- For the lnhi'Pose of preventing the introduction of infectious diseases into the Republic the I)irector General with the approval of the President ma apply with or without u~ocli ficat ions any particular provisTolis of ( `hapter 7 of tins Tb Ic 11) pel'soiIs .animais, articles or things entering or introduced into or (Iepart ing or removed from the Republic by means of aircraft. Any rules made by t he I )irector General untie I' tiie provisions of Chapter 7 of this Title niuv he applied with or wit hotit modifications ~o aircraft and airports and to persons, animals, articles or things entering or intro(luced into or departing or removed from the Re- public by means of aircraft.. ~ 127. Penalties for r,oiat,on of c/lapter.-Anv violation of the pro- visions of this Chapter shall be. l)unlsliable by a fine not exceeding five hundred dollars. PAGENO="0252" 1654 AIR LAWS AND TREATIES OF THE WORLD Any violation of the provisiOllS of a proclamation or rule issued under this Chapter shall, except as otherwise expressly provided by law, be liable to a fine not exceeding one hundred fifty dollars or to imprisonment for not exceeding three months or to both such fine and imprisonment. CHAPTER 9. FORMIDABLE EPIDEMIc, ENDEMIC OR INFECTIOUS DIsEAsEs § 141. Power of Director Gei~erai to ma J~e miles.-Whenever any part of the Republic appears to be threatened by any formidable epidemic, endemic or infectious disease, the Director General may declare such l)aIt an infected area and may make rules for all or any of the following: * * * * * * (j) For the destruction of mosquitoes, the means and precautions to be taken in respect. to aircraft arriving at or departing from the Republic and for preventing mosquitoes from passing from aircraft to land or from land to aircraft, and the better prevention of the danger of spreading infection by mosquitoes; * * * * * * CHAPTER 10. PREVENTION OF THE SPREAD OF SMALLPOX § 172. Ruie-nia~iiig power of the Drector Geiieral.-The Director General with the approval of the President may make rules * * * * * * * (g) Concerning the application and enforcement of the provisions of this Chapter to persons entering the Republic, whether by land, water or air, and requiring where deemed necessary, the vaccination or rev:lccination of ai pelsolis before entering. TITLE 3~. REVENUE AND FINANCE LAW CHAPTER 27. LOCAL AIR TRAVEL TAX § 670. Local air tracel tax: subjects; rates.-From and after the passage of this act a tax (hereinafter sometimes referred to as the `local air travel tax") shall be and hereby is levied and imposed on every passenger embarking at any Liberian airfield on a commercial flight to any destination in Liberia, said tax to be at the rate set forth below in this section On every full fare passenger $1. 00 On every half fare passenger . 50 On every one-tenth fare passenger . 10 § 671. Collection of tax.-The local air travel tax shall be collected from each persoi~ subject thereto by the airline which operates the plaiie on which such person embarks at the time of embarkation. ~ 672. Penaity.-Any airline which fails to collect the local air travel tax from every person subject thereto in accordance with the ~ of section 671 above shall be subject to a fine of one hundred dollars for the first. offense and of five hundred dollars for a subse- quent. offense, such fines to be recoverable in summary proceedings PAGENO="0253" AIR LAWS AND TREATIES OF THE WORLD 1655 before the Revenue Court for the jurisdic.tion in which the offense is alleged to have been committed. § 673. Regulations.-The Secretary of the Treasury shall promul- gate regulations, in accordance with the provisions of section 36 of the Executive Law, for the more effective enforcement of this Chapter. § 674. Use of proceeds.-All revenues collected under the provisions of this Chapter shall be held in a. special account, to be known as the "Local Air Travel Tax Account," and shall be used and expended exclusively for the construction and maintenance of airfields in Liberia. TITLE 35. REVENFE AND FINANCE LAW ChAPTER 31. ADMINISTRATION: GENERAL § 801. Collectors of Customs. 3. Sub-Collectors. Sub-Collectors shall be in charge of sub-ports, including airports, and shall exercise the powers and perform the duties of Collectors at such sub-ports; but. they shall be subject to the general supervision of the Collectors of the ports to which the sub- ports are. attached, and shall render reports and accounts to them. * * * * * * * § 804. Tally Officers. 1. Duties. The duties of a Tally officer shall be. as follows: * * * * * * * (d) To superintend loading and unloading cargo to or from aircraft when so required. CIL~PrER 32. PORT REGULATIONS § 853. Definition of port.-Every port of entry is also a port of de- livery. When used in this Chapter, "port" and "port of entry" shall mean seaport of entry and delivery unless the content. shall require a different interpretation; provided, however, that the Customs Law shall be applicable to airports of entry as provided in section 1031. § 854. Extent of ports of entry.-Except as otherwise provided in section 920(a), permanent ports of entry in municipal districts, cities, and commonwealth districts shall be limited to the corporate boun- daries of such municipalities; all other seaports of entry shall in no case extend more than two miles toward the interior from t.he harbor; provided, however, that the President. is authorized to extend the limits of any existing port of entry to include any airport of entry established under the provisions of section 1030 below. CHAPTER 34. HEAD TAX § 990. Tax to be levied on persons leaving Liberia: exceptions.- Every citizen or resident alient sixteen years of age or older who leaves the Republic of Liberia shall pay a head tax of four dollars prior to his departure. The tax shall be paid to the Collector of Customs at the port of departure, who shall issue his official receipt therefor. This tax shall not apply to (a) Liberians employed as seamen or sea- going laborers on vessels engaged in foreign trade, who shall be sub- ject to the provisions of section 992 below; and (b) persons who cross PAGENO="0254" 1656 AIR LAWS AND TREATIES OF THE WORLD the l)o1(.ler from time to time in the interest of trade, provided that each such pe~~on obtains from the District Commissioner, County Conmiissiouer, or superintendent of the district, county, or territory in which he resides a written permit for departure from the Republic. § 991. Resporti~b~7ity of tran-9portation coinpany.-It shall be un- lawful for any transportation company (as defined in section 551 above) to issue or sell a steamship ticket or furnish transportation from any port. of this Republic to any foreign port or airport to any person subject to the provisions of this Chapter unless such person exhibits an official receipt. issued by the Collector of Customs at the port of departure, as evidence of payment of the tax. Any trans- portation company which violates the provisions of this section shall be subject to a fine of fifty dollars. CrI~rmR 36. AIRPORTS OF ENTRY: ENTRY OF GOODs AND PERSONS BY AIR ~ 1030. A;iJ)oit.~ of entry defined. establislied.-The President is authorized to desigi~ate such places as he deems necessary as airports of entry. The President is further authorized to extend the limits of any sea- port of entry to include any airport of entry established under the provisions of this section. ~ 1031. J?ni.e.s of niirqation ai~d C~ustom.~ Law may be made ap- pl'cable to air ?iar~gat~on and a~rports of entry.-The President is authorized to regulate the application to air navigation of the existing laws and rules and regulations relating to the entry and clearance of vessels and the administration of customs to such extent and upon such conditions as he deems necessary. Rules and regulations relating to the administration of customs which apply to air navigation and airports of entry shall have the full force and effect of law when issued with the approval of the President. Violation of such laws, rules, or regulations shall be punished ac- cording to the penalties established therein. ~ 103~. Aircraft from. foreign covntry to la~id at airports of entr~f on.7y.-Except. in the case of emergency or forced landing, aircraft entering Liberia from any foreign country shall land at airports of entry only unless permission has been secured from the Civil Aviation and Communications Board to land elsewhere. In the latter case, the owner of such aircraft. shall be responsible for the payment of fees and other expenses of the official or officials desig-nated to supervise such landing. § 1033. Supervisio~ii of a.irports.-Airports of entry which have been designated sub-ports shall be under the immediate administrative jurisdiction of sub-Collectors of Customs; provided, however, that Collectors of ports whose limits include such airports shall have ~en- eral jurisdiction over the whole area to consider appeals from decisions of the sub-Collectors and to receive operating reports and accounts. § 1034. Report of arrical: document~.-The person in charge of any aircraft which arrives in Liberia from a foreign country shall im- mediately report such arrival to the Customs Officer in charge of the airport and deliver to him the. following documents: (a) Manifest of cargo to be landed; PAGENO="0255" AIR LAWS AND TREATIES OF THE WORLD 1657 (b) Health certificate (if required by Liberian regulations) (c.) List of passengers. § 1035. Requrements for pas$engers.-Passengers entering the Re- public of Liberia shall present themselves, together with their pass- ports and baggage, for examination to the Customs official in charge before leaving the airport. ~ 1036. Report of forced lanc/ing.-If an aircraft from a foreign country makes a~ forced landing in Liberia, it shall be the responsibil- ity of the owner or of the pilot of the aircraft to transport all passen- gers, mail, Cargo, and baggage to the nearest port of entry or customs station for the required examinations and disposition by Customs, 1)ostal, and immigration officials. § 1037. Unlading of cargo and baggage.-Al1 cargo and baggage imported and brought into the Republic of Liberia by aircraft shall be unladen in the presence of the Customs officer in charge of the air- port, and it shall remain in his custody or in bond pending the pay- inent of duty and issuance of a bill of entry. The provisions of Cus- toms Notice No. 1-1907, Instructions to officers of customs 1906, part 6, and Customs Circular Notice No. C-2, February 13, 1941, shall be enforced. § 1038. Export of produce and good$.-Produce and other goods shall be laden in aircraft for export under the supervision of the Cus- toms officer in charge of the airport; provided, however, that until an airport has the necessary facilities to properly handle through all stages produce and other goods shipped from this Republic by air- craft, exporters may enter and declare such produce and goods at the most convenient port of entry, and a copy of export entry shall be presented to the sub-Collector in charge of the airport in fulfillment of the requirements for final shipment. § 1039. Clearance of aircraft departing from Liberia.-Except when granted specia.l permission, all aircraft departing from Liberia shall clear from an airport of entry or from a seaport of entry and shall be subject to the regulations governing ocean-going vessels. The pilot shall be required to deliver the following documents to the Cus- toms officer in charge of the airport before the latter may issue a cer- tificate of clearance: (a) Manifest with export declaration of all cargo received on board; and (b) A correct list of passengers embarked. § 1040. Fee$.-The following schedule of fees shall be in effect at airports (fees to be paid to the sub-Collector in charge. except as otherwise noted) (a) For supervising landing or departure of aircraft on Sundays, legal holidays, or outside official hours. (Per aircraft) $5. 00 (provided, however, that if more than one aircraft is super- vised in one day, only one fee may be charged.) (b) For bill of health for each aircraft requesting same 2. 40 (c) For certificate of goods landed 1. 20 (d) For certificate of examination of contents of packages, per package 1. 20 (e) For certificate of packages lost in transit 1. 20 (f) For services of Tally Officer same condi- tions and fees as for services of Tally Officer on ocean go- ing vessel. PAGENO="0256" 1658 AIR LAWS AND TREATIES OF THE WORLD § 1041. Exemption for military aircraft.-Military aircraft en- gaged in no civilian or commercial activity which land in Liberia by permission of the. government of the Republic of Liberia shall not be subject to the provisions of this Chapter nor to the administrative provisions of the Customs Law and Customs Regulations made appli- cable. to aircraft. TITLE 3. ALIENS AND NATIONALITY LAW Cn~~i"n~ii ~. ADMISSION AND DEPORTATION OF ALIENS § 41. D~t;~ of tran.sportaton eonipany as to excluded a.lien.-It shall be ~mlawful for any master, commanding officer, purser, person in charge, agent. owner. or consignee of any vessel or aircraft (a) to refuse to receive any excluded alien ordered deported back on board of such vessel or aircraft or another vessel or aircraft. owned or oper- ateci by the same. person: (b) to fail to detain any alien on board any such vessel or at. the. airport. of arrival of the aircraft. when required by this Chapter or if so ordered by an immigration officer, or t.o fail or refuse. to deliver him for medical or other inspection, as and when so ordere.d by such officer; (c) to refuse or fail to remove any excluded alien from Liberia. to the country whence he came; (d) to fail to pay the cost. of his maintenance while being detained as required by this Chapter: (e.) t.o take any fee, deposit., or consideration on a contingent basis to be kept in case the alien is landed or returned in case he is ex- cluded; or (f) knowingly to bring t.o Liberia any alian excluded or arrested and deported under any provision of law until such alien be lawfully entitled to reapply for admission t.o Liberia. Any violation of the foregoing provisions or of any other provision of this Chapter by any inast.er, commanding officer, purser, person in charge, a.gent., owner or consignee of any vessel or aircraft shall be punishable by a. fine of three thousand dollars. No such vessel or air- craft shall have clearance from any port of Liberia while any such fine is unpaid or while the question of liability to pay any such fine is being determined, nor shall any such fine by remitted or refunded, ex- cept that clearance may be granted l)rior to the determination of such question upon the deposit with the Collector of Customs of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such fine. If the vessel or aircraft. by which any alien who has been ordered deported under this section arrived, has left Liberia and it is imprac- ticable to deport the alien within a reasonable time by another vessel or airci-aft owned by the same person, the cost.s of deporta.tion may be paid from the appropriation for the athninist.rat.ion of the Bureau of immigrat loll and recovered from any owner, agent., or consignee of the vessel or aircraft.. TITLE 27. PENAL LAW CHAPTER 4. CRIMES AITFCrING FOREIGN RELATIONS § 72. Arm inq vessels or aircraft against people at peace with the Republic.-Whoever within the territory or jurisdiction of the Repub- lic of Liberia, fits out and arms, or attempts to fit out and arm, or PAGENO="0257" AIR LAWS AND TREATIES OF THE WORLD 1659 procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out., or arming of any vessel, or aircraft., with intent that such vessel or aircraft shall be employed in the service of any foreign government, prince, state, colony, district or people, to cause or commit hostilities against the subjects, citizens or property of any foreign prince, state, colony, district or people, with whom the Repub- lic of Liberia is at peace, or whoever issues or delivers a commission, within the territory or jurisdiction of the Republic of Liberia for any vessel that she may be so employed, is punishable by a fine of not more than five thousand dollars, and by imprisonment for not more than three years. Every such vessel or aircraft, together with all equipment, materials, arms, ammunition and stores which may have been procured for the building and equipment thereof shall be forfeited, one-fourth to the use of the informer and the remainder to the use of the Republic of Liberia. § 73. Augmenting force of foreign vessel of war or aircraft.-Who- ever within the territory or jurisdiction of the Republic of Liberia, increases or augments or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting the force of any aircraft, ship of war, cruiser or other armed vessel, which at the time of her arrival in the Republic of Liberia was an aircraft or a ship of war, or cruiser, or armed vessel in the service of any foreign govern- ment, prince, state, colony, district or people, or belonging to the subjects or citizens of any such government, prince, state, colony, district or people, with whom the Republic of Liberia is a.t peace, by adding t.o the number of the guns of such vessel or aircraft., or by changing those on board for guns of a larger calibre, or by adding thereto any equipment solely applicable to war, is punishable by a fine of not more than five thousand dollars, and by imprisonment for not more than six months. * * * * * * * § 382. Stow~ways.-Whoever steals or attempts to steal passage as a stowaway on any vessel, ship, or other craft. either entering or leaving a port of entry is punishable in the port of discovery or, if discovered between ports, in the next. Liberian port at. which the vessel touches, by a. fine not exceding one hundred dollars. TITLE 22. MARITIME LAW CHAPTER 8. RULES OF NAVIGATION § 200. Regulations for ~revenf~ng co77is~ons.-The Regulations for Preventing Collisions at Sea, 1948, as approved by the International Conference on Safety of Life at Sea, 1948, held at London, England from April 23 to June 10, 1948, and such chan~es therein as ~n the future, shall he made by an International Convention to which the Republic of Liberia subscribes, shall he followed by all vessels and seaplanes upon the high seas and in all waters connected ther with Republic of Liberia.; and shall be followed by all Liberian vessel-~ and seaplanes upon the high seas and in all waters connected therewith navigable by seagoing vessels except. as pi~o\~1ded in Rule. 30 of the foregoing regulations; and the foregoing regulations ~lìalh have effect as if specifically enacted by statute and fully set forth herein. 39-737-65-vol. II-17 PAGENO="0258" 1660 AIR LAWS AND TREATIES OF THE WORLD TITLE 36. TRANSPORTATION AND COMMTJNICATIONS LAW PART I. TRANSPORTATION CII~~v1TR 1. CIVIL AVIATION [Compiler's Note: lii the official LTheri~in Code of Laws of 19.56, this (1i~ipt er (~ 1-49 1 is. reserved until such time as legislature on the Snl ~ect. is enacted] PART II. COMMFNICATIONS CIJAIrITE 11. WIRE Co~rMnxIc~vrioN ~ I :iO. .L~ec1i~/io7.-i~() perSOll shall establish, install 01' operate any subnitrine cable, tele2luphi. or telephone station in any place or on board any ship within the RepUl)hic or its waters except in accordance with a license granted for that purpose by the Civil Aviation and Corn- nmnieatious Board: 1)ro~1dle~l, however, that the Postmaster General, as Chairman of t lie Civil Aviation and Communications Board, may in case of an emer~en(.y~ grant permission to ships or planes within the hepul)lie or its ieri'itorial waters to operate a. cable, telegraph or telephone station teniporarilv without a license. Every license granted unclei' this se~tioll shall be in such form and for such periods as the Board may determine : and any such license may include two or more stations. ~ or ships. A violation of this section shall be a mis- (tenieanor 011(1 punishal)le by a tine of not less thaii fifty nor more than five. liundi'e.d dollars and confiscation of all apparatus. CIIAPTLri 1~. RADIO COMMUNICATION ~ 101). Lee,~,~i u~ ,od~'o tioh~un.;.cson.-No pei'son shall establish, install. 01' operate any apparatus for transmission of radio messages in our 1)iai'e or on board any ship within the. Republic or its waters except in accordon('e wjth a license granted for that purpose by the Civil AvIatIon and Communications Board: provided, however, that ihie Post master General, as Chairman of the Civil Aviation Communi- cat ~o~1s Board, may in ease of an emergency, grant perinission to ships or ~ within the Republic or its territorial waters, to operate ap- p0101 us to tra11sm~t radio messages temporarily without a license. Every license granted under this section shall he. in such form and for such periods as the Board may determine, and any such license may include two or more stations, places, or ships. A violation of this than fifty dollars nor niore than five hundred dollars and confiscation of all apparatus. ~ 161. .~eitdutq Uj)j)I!ivittiS 7;ii?;tecz to certain frequ.encies.-No person shall use any apparatus for radio communication or experimentation within the. llel)ublic wlieii such apparatus radiates energy at any fre- (1uenev from GIhIftIt) kilocvcles to 11)00 kilocycles or from 600 kilocycles to -1~) o(.v('les: nor shah 1 any person import or have in his possession ally apparatus for radio communication or experimentation capable of radiat lair enerLrv at the frequencies above stated; provided, that the Civil Aviation aiiil Coinmuiiications Board may permit the importa- PAGENO="0259" AIR LAWS A~D TREATIES OF THE WORLD 1661 t.ion of such apparatus and univ fornially license such apparatus when it is satisfactorily shown that it will not. be used within the prohibited range of kilocycles. ~ 1G~. Receivng appai'atms l~ii~ited to certain fie~jtiencies.-No per- son shall use any apparatus to receive, radio telegraph or radio tele- phone signals within the frequencies specified in the foregoing sec- tions; nor shall any person import or have and illaintain any aPparatus which is capable~ of receiving radio telegraph or radio telephone sig- nals within the frequencies specified iii the foregoing section; provided however, that the Civil Aviation and (1onimunicat ions Board may per- mit the importation of such apparatus and foimahiv license such appa- rat us iii its discretion when it is for some specific necessity and the receiving apparatus so permitted will not be used for the purpose of violating the secrecy of the Government~ station massages. § 16:1. RiJ~o ~tat~orts neal (~oc iiiiiuiit st(lt~o,~ pio/ub~ted.-Xo person shall estaolish any station for radio conhliIullicat iOfl Or experi- mentatioti within ii ra(lilts of iire nautical iiiile.~ o any (I ovcrnment radio station, even though such stat ion uses apl)aratus which does not oI)eiate on frequencies prohibited by the provisions of section 161 or 16.i of this Title.. ~ 1 64. 1~i/o e-im.in u.n ;7't,~o1,. in,' foic;~~1 ~lu ~ `if j~ort~ of entry.- It silall be unlawful for any pelsoli to use. or operate any apparatus for raulio communication on a forehrn ship in the territorial waters of the ilapubhic when such ship is at any port of entry of the Republic where the Liberiati Oovermnent operates a ra(ho station, provided that. a message may be directed by such a ship to or through the Government radio station. An Act To Amend the Revenue and Finance Law With Respect to the Realty Lease Tax It i.~ enacted bi,' f1~e &na.te and House of Representatives of the Rcj)1/77;e of L~bei-m. in. Lqis7ataie Acsern bled: ~ (I/o/I 1. ~cetioli (~) of the Revenue and Finance Laws is hereby amended to read as follows: ~ C~5O. Tax imposed on leaces of iea7ty.-A tax (sometimes herein- after referred to as the "realty lease tax" of ten percent of the annual rental is hereby levied and imposed on all prime leases of realty, whether oral or written, presently existing or hereinafter concluded. ~S( (f;O// ~?. This act shall take eftet immediately and be published in hand-bills. Any law to the contrary notwithstanding. Approved, June 8, 1961. An Act To Amend the Revenue and Finance Law To Require the Pay- ment of an Annual Fee of ~5O0.00 by All Alien Owners of Airlines or Their Agents for Operating Aircrafts To and From .Jaines Spriggs Payne Airfield It L~ enm'-ted b~,' f/ic ~eiuate and house of Repie.cen.tatiees of the Repith tin of Liberia. in Leg isla tare A cseimbled: ~( ef inn 7. The Revenue and Finance Law is hereby amended b%- adding thereto two new sections to be Sections 1045 and 1046 respec- tively, to read as follows: PAGENO="0260" 1662 AIR LAWS AND TREATIES OF THE WORLD § 1042. Alien ownei~ of airlines operated to and from James Sp~igg Payne Airfield to pay annual fee.-There shall be paid by all alien owners of airlines or their agents, an annual fee of five hundred dollars for the operation of aircrafts to and from James Spriggs Payne Airfield. § 1046. Penalty for failure to pay annual fee.-An.y alien owner of an airline or his agent who fails to pay the annual fee required in Section 1045 of this Chapter by January 31 of each and every year shall be subject to a fine of not less than fifty dollars nor more than three hundred dollars, and all business operations of such airline shall be suspended until such annual fee and the fine imposed are paid. Nom.-Acts pa.ssed by the Legislature of the Republic of Liberia Session 1960-61. See introductory note. Section 2. This act shall take effect immediately and be published in hand-bills. Any law to the contrary notwithstanding. Approved, April 19, 1961. An Act To Amend the Revenue and Finance Law To Require Owners of Airlines Who Have Erected Hangars Within the Vicinity of James Spriggs Payne Airfield for Private Use To Pay an Annual Rental of $300.00 and To Require All Agents and Owners of Air- crafts Operating To and From James Spriggs Payne Airfield Who Have Not Erected Hangars To Pay an Annual Fee of $100.00 for Each Aircraft It is enacted by the Senate and House of Representatives of the Republic of Liberia, in Legislature Assembled: Sect'~on 1. The Revenue and Finance Law is hereby amended by adding thereto three new sections to be Sections 1042, 1043 and 1044 respectively, to read as follows: § 1042. Airline owners of hangars at James Spniggs Payne Airfield to pay annual rental.-There shall be collected an annual rental of three hundred dollars from all airline owners who have erected or who may hereafter erect hangars for private use within the vicinity of James Spriggs Payne Airfield upon the authority of the Secretary of Public Works and Utilities. ~ 1042. Owners of aircrafts operated to and from James Sp~iggs Payne Airfield to pay annual fee.-There shall be paid by all owners or their agents, who have not erected hangars at James Spriggs Payne Airfield, an annual fee of one hundred dollars for each aircraft oper- ated to and from James Spriggs Payne Airfield. § 1044. Penalty for failure to pay annual fee or rental.-Any air- line owner or his agent who fails to pay the annual rental as required in Section 1042 of this Chapter, or any aircraft owner or his agent who fails to pay the annual fee as required in section 1043 of this Chapter. at. a time to be determined by the Secretary of the Treasury shall he subject to a fine of not. less than fifty dollars or more than three hundred dollars. and all business operations of such airline or aircraft owners shall be suspended until such annual fee or rental and the flue imposed are paid. Scf ion 2. This act shall take effect immediately and be published in hand-bills. PAGENO="0261" AIR LAWS AXD TREATIES OF THE WORLD 1663 All acts or parts of acts in conflict herewith are hereby repealed. Approved, April 19, 1961. Nol'E.-Act-s passed by the Legislature of the Republic of Liberia Sessions 1960-61. CIVIL AERONAUTICS AND COMMUNICATIONS BOARD, POST OFFICE DEPARTMENT. REPUBLIC OF LIBERIA CIVIL AIR REGULATIONS Approved by the President of Liberia April 20, 1956. EfFective June 15, 1956. 1. General. 1. Effective June 15, 1956 the operation of all aircrafts within the boundaries of the Republic of Liberia shall be governed by the follow- ing Civil Air Regulations. In general the Civil Air Regulations conform to the current pertinent annexes of the International Civil Aviation Organization. In addition they contain regulations estab- lished by the Civil Aeronautics and Communications Board of the Republic of Liberia. 1.2 The word "Government" when used in these regulations shall mean the Liberian Government. The word "Person" when used in these regulations shall be con- strued to include within its meaning any individual, firm, corporation or association. Tue abbreviation ICAO when used in these regulations shall mean the International Civil Aviation Organization. The abbreviation "C. A. C. B." when used in these regulations shall mean the Civil Aeronautics and Communications Board of the Repub- lic of Liberia. 2. Registration of Aircraft. 2.1 All aircraft operated in the Republic of Liberia will be regis- tered with the C. A. C. B., in the Post Office Department of the Gov- ernment. 2.2 The Certificate of Registration, when issued, shall be valid un- til change of ownership of the aircraft. 3. Airworthiness of Aircraft. 3.1 All aircraft will be inspected for airworthiness by inspectors designated by the C. A. C. B., at intervals not exceeding twelve months. 3. A Certificate of Airworthiness will be issued by the C. A. C. B., after satisfactory inspection by the designated inspectors. 3.3 A Certificate of Airworthiness may be revoked at any time at the discretion of the C. A. C. B. 3.4 All damages to aircraft will be reported to the C. A. C. B., for review of the Certificate of Airworthiness. 4. Pilot Certification. 4.1. All Pilot's operating aircraft in Liberia shall register details of their pilot qualification with the C. A. C. B. 4.2. A Certificate of Permit will be issued to each pilot found quali- fied by the C. A. C. B. PAGENO="0262" 1664 AIR LAWS AND TREATIES OF THE WORLD 4.3. The Certificate of Permit will be valid for a twelve month per- md and is liable to be withdrawn, revoked or suspended at any time at the discretion of the C. A. C. 13. a. Ge~nera7 Rules. 5.1. Protection of Pen~ons i.nd Piopert?/. 5.1.1. Aeq7~qc at or recI~7ess opei~it'on of aircraft.-An aircraft shall not be operated in a negligent or reckless manner so as to endanger life or property of others. 5.1.2. AThcirnvn~ safe /ieujhts.-Except when necessary for taking off or landing an aircraft shall not he flown a) Over the congested areas of cities, towns or other settle- ments or over an open air assembly of persons, unless at such a height. as will permitS in the event, of an emergency arising, a land- ing to be macic. without undue hazard to persons or property on the surface; this height shall not be less than 1,000 feet above the highest obstacle within a radius of 2,000 feet of the aircraft. b) Elsewhere than as specified in 5.1.2. a), at a height less than 500 feet. above the ground or water. .~.l.3. Dropping ob,ects.-Xothing shall be dropped from an aircraft in flight that might create. a hazard to persons or property. 5.1.4. Acrobatic Fli ht.-No aircraft shall be flown acrobatically so as to constitute a hazard to air traffic. 5.1.4.1. Unless aut.horisec[ by the appropriate authority no aircraft shall be flown acrobatically over congested a.reas of cities, towns or settlements, or over an ope.i~ air asseml)ly of persons. 5.2. A?'oding of (o7l~;onk. 5.2.1. Proxirn)ti,i. 5.2.1.1. An aircraft shall not. he operated in such a proximity to other aircraft. as to create. a collision hazard. 5.2.1.2. Aircraft. shall not be flown in formation except by prear- rangeme.nt. ..?~?. Ri~qht of evi~i.-The aircraft that. has the right of way shall maintain its heading and speech but nothing in these regulations shall relieve the. pilot of the. responsil)iiity of taking such action as will avert, collision. An aircraft that is obliged by the following rules to keel) out of the way of another shall avoid passing over or under the other, or crossing ahead of it unless passing well clear. 5.2.2.1. Approcch nq ~ two aircraft are. approaching head-on or approximately so and there is danger of collision each aircraft shall alter its heading to the right.. 5.2.2.2. Con.veiqinq.-When two aircraft are converging at a.pproxi- matelv the same. altitude, the aircraft that has the other on its right shall give way. 5.2.2.3. Ocei'f',~nq.-An aircraft. that. is being overtaken has the right of way and the. overtaking aircraft. whether climbing, descend ing or in horizontal flight., shall keel) out. of the way of the other air- craft.. liv altering its heading to the right. 5.2.~.4. Landuny. 5.2.2.4.1 An aircraft in flight, or operating on the ground shall give way to other aircraft. landing or on the final approach to land. PAGENO="0263" AIR LAWS AND TREATIES OF THE WORLD 1665 5.2.2.4.2. Wrhen two or more aircraft are a.pproacliiiu~ an ae.rodroine for the purpose of landing, aircraft. at. the higher altitude shall give way to the aircraft at the lower altitude, but t.he latter shall not take advantage of this rule. to out-ui in front of aiiothier which is on final approach to land, or to overtake that aircraft. 5.2.2.4.3. Emergency Landiiig.-An airc.aft~ that is aware that an- other aircraft is compelled to land shall give, way to that aircraft. 5.2.2.5. TaJ~ing-off.---An aircraft about to take-off shall not attempt to (TO so until there is no apparent. risk of collision with other aircraft.. 5.2.3. Operation oh and in the einity of an aeiodeome. 5.2.3.1. An aircraft operated on or in the vicinity of an aerodronie shall: a) Observe other aerodrome traffic for the avoiding of colli- sion; b) Conform with or avoid the pattern of traffic formed by othe.r aircraft in operation; c) Make all turns to the left when approaching for a. landing and after taking off, unless otherwise instructed; d) Land and take-off into wind unless safety or air traffic con- siderations determine that a different direction is preferable. 5.2.4. Control of A ei'odro me Tie file. 5.2.4.1. When an aerodrome control tower is in operation at an aero- drome traffic shall: a) Maintain a continuous listening watch on the appropriate radio frequency of the aerodrome control tower, or if this is not possible, keep a watch for such instructions as may be issued by visual signals, and b) Obtain, either by radio or visual signal prior authorisa- t.ion for any manoeuvre preparatory to or associated wit.h taxi- ing, landing or take-off. 6. Ru/es and the Air. 6.1. Applicability of f/ic Rules of f/ic A'~i. 6.1.1. Territorial application of the Rules of f/ic Aii'.-The Rules of the Air shall apply to aircraft bearing the nationality and registra- tion marks of the Republic of Liberia, wherever they may be, or to the exte.nt~ that they do not conflict with the rules published by the State having jurisdiction over the territory overflown. 6.1.2. Choice of f/ic Rvies.-Thie operation of an aircraft either in flight or on the manoeuvring area of an aeiodiome shall be in flight, either with; a) the visual flight rules: or b) the instrument flight, rules. 6.1.3. Responsibility for compiiaiice with the Rules of tlìe Air. 6.1.3.1. Responsi~bi7i~ty of the pi7of-in-comm~-ind.--The pilot-in- command of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with the rules of the air, except that he may depart from these rules in cir- cumstances that. render such departure absolutely llecessarv in the interests of safety. 6.1.3.2. Authority of the pilot-in-corn niaiid of aiiciaft.-The pilot- in-command of an aircraft. shall have final auihoritv as to clisposi- tion of the. aircraft. while he is in command. PAGENO="0264" 1666 AIR LAWS AND TREATIES OF THE WORLD 7. T7isu~l Flight Rules. 7.1. VFR flights shall be conducted SO that the aircraft is flown at all times in conditions of visibility and distance from cloud equal to or greater than those specified below: a) When on the ground a VFR flight shall not be commenced unless the surface visibility is 3 miles and the cloud base 1,000 feet except that an aircraft fitted with a functioning radio receiver and guarding tile appropriate radio frequency may depart when the visibility is 1 mile and tile cloud base 500 feet. b) `When in the air a VFR flight shall not be continued if the flight visibility fails below 3 miles and the aircraft is unable to maintain at least 2,000 feet horizontally and 500 feet vertically from cloud except that an aircraft fitted with a functioning radio receiver and guarding the appropriate radio frequency may con- tinue in flight when the visibility decreases to 1 mile and the cloud base to 500 feet. c) Notwithstanding the above rules, all flights operating with- in designated controlled air spaces within the Republic of Liberia shall not operate when the visibility is less than 3 miles and the cloud base below 1,000 feet. 8. In~trurnent Flight Rules. 8.1. Rules applicable to all IFR flights. 8.1.1. Instrument Flight Rules are to be adopted when the weather conditions are such that a flight in compliance with the Visual Flight Rules is not possible. 8.1.2. An aircraft shall not be. flown on an IFR flight unless a con- tinuous listening watch is maintained on the appropriate radio fre- quency of, and two way communication can be established with, the appropriate air traffic control unit. 8.1.3. Except when climbing or descending an IFR flight shall be flown at. a quadrantal cruising level appropriate to its magnetic track as indicated below: a) From 0000 to 089° odd altitude e.g. 1000/3000 ft. etc. b) From 090° to 179° odd altitude plus 500 ft. e.g. 1500/3500 c) From 180° t.o 269° even altitude e.g. 2000/4000 ft. etc. d) From 270° to 359° even altitude plus 500 ft. e.g. 2500/4500 8.1.4. When an aircraft decides to change from compliance with Instrument Flight. Rules to compliance with Visual Flight Rules the appropriate air traffic control unit shall be notified. 8.1.5. Roberts Field is designated the appropriate air traffic control unit for Liberia and ill conjunction with the Dakar Control Centre handle all IFR Flights plans and necessary clearances, and have positive authority over all light aircraft movements in the area. 9. Dcsia'na.tion of Con trol Areas. 9.1. According to Appendix 1 of these regulations a control zone shall be said to exist centred on Roberts Field and having a radius of 10 miles and extending sea level to an altitude of 4,000 feet. 10. Zmforinatio-n Concerning a Proposed Flight. 10.1. Flight Movements Book.-A Flight Movement Book will be located at. Roberts Field and Spriggs Payne Field, Monrovia, and at such other airfields within the Republic of Liberia as may be desig- PAGENO="0265" AIR LAWS AND TREATIES OF THE WORLD 1667 nated by the C.A.C.B. All pilots departing from these airfields will enter details of their proposed flight for the subsequent information of following traffic. This information will be filed irrespective of whether the flight is being operated in accordance with the Visual or Instru- ment flight rules. 10.2. Flight Plan~.-Aircraft departing from Roberts Field under Instrument flight conditions will file an I.C.A.O. flight plan with the air traffic control unit. Aircraft departing from aerodromes other than Roberts Field under Instrument flight conditions will contact Roberts Radio on the appropriate frequency and file a verbal flight plan of their proposed flight. No deviation of the filed flight plan is to be made while an aircraft is in flight without prior clearance from the appropriate air traffic control unit. APPENDIX ONE, AIR Tn~rric CONTROL ROBERTS FIELD, LIBERIA 1. General To implement the Civil Air Regulations as established by the C.A.C.B. of the Republic of Liberia the following procedures are to be adopted by all aircraft operating on and in the vicinity of Roberts- field and the pertinent rules are to be considered as an integral part of the Civil Air Regulations. 2. Control Zone 2.1 A Control Zone shall be said to exist having a radius of ten miles centered on Robertsfield extending from sea level to 4000 feet. 2.2 Aircraft on take-off and climb will set an altimeter setting for Robertsfield and on penetration of the transition altitude of 4000 feet will set standard altimeter setting (1013.2 mbs.-29.92 ins.) to conform with the procedure for enroute traffic in the Dakar Flight Informa- tion Region. 2.3 Aircraft on approach and landing will be given the Robertsfield altimeter setting, but vertical displacement of aircraft on approach will be controlled with reference to Flight Levels (1013.2 mbs.-29.92 ins.) until reaching the transition altitude, when altimeters will be set to Robertsfield. 2.4 Instrument Flight Rules will be compulsory in the Roberts Con- trol Zone when visibility drops to 3 miles with a cloud base of 1000 feet. However a departure, in accordance with the rules for a spe- cial VFW flight., may be made below these limits when traffic condi- tions permit, as further examplified below. 3. Aerodrorne Control Service 3.1 Responsibilities 3.1.1 The aerodrome control tower will i~e responsthle for issuing information and instruction to aircraft under its control to achieve, a safe, orderly and expeditious flow of air traffic on and in the vicinity of the aerocirorne and to prevent coil ision between: a. Aircraft flying in the traffic circuit. around the aerodrome. b. Aircraft. operating on the manoeuverillg area. c. Aircraft. landing and taking off. d. Aircraft, and venie.les openit1n~ on the manoeiivering area. e. Aircraft and obstructions on the. lnanoeuvering area. PAGENO="0266" 166S AIR LAWS AND TREATIES OF THE WORLD 3.1.2 The aerodrome control tower will be responsible for alerting the safety service and shaH immediately report any failure or irregu- larit.y of operation of any apparatus, light or other device estab- ]ished at the aerodrome for the guidance of aerodrome traffic and pilot-in-command of aircraft. 3.2 Re$poii. 7t'~esw ~t1i regard to weather conditions. 3.2.1 When the weather conditions are below those required for 1/FR flight, an aircraft without radio equipment will not be allowed to depart without. special permission and clearance with regard to other known traffic. 3.2.2 Aircraft on a IFR. flight plan will be notified to Dakar Con- trol prior to take off amid separation arranged between it and other IFR traffic in, or about. to enter the Roberts Control Zone. 3.2.3 The Control centres at Dakar and Accra are to be notified when instrument, flight rules are in force in the Roberts Control Zone. 3.2.4 All operations will be notified when Instrument flight rules are in force and the reason for taking such action. 3.2.5 The amber flashing light (to be installed on, or in the vicini- ties of the control tower) will be switched on to indicate to airport personnel and private owners of aircraft. that Instrument flight, rules are in force and that all tentative aircraft. movements must be cleared with the control tower. 3.3. A'~/)ec/(77 FFR iI;g/mt. When weather conditions are below those required for a 1/FR depar- ture. An aircraft without. radio may be cleared to depart providing no traffic on au Instrument flight, plan is operating in, or expected to enter the Roberts Control Zone during such an aircrafts departure. The aircraft. files a flight plan giving complet.e flight details and main- tains 1/FR below cloud. 3.4 ~e7)a1Y1t;Oi?. of traffic 1/.1~i/ei IF]? conilif jon. 3.4.1 Aircraft. operating under IFR c.onditions shall not be author- ised to commence fiuual descent for landing until the first or preceding aircraft. has reported that it. is able to complete its approach without eiieoiuiiterin~L I FF~ col 1(1 It 0115. 01 15 iii (01111111111 ication with and is sighted by the aerodrome control tower and a reasonable assurance exists that a normal landing can be accomplished. 3.4.2 Aircraft hokling over Roberts will if necessary be stacked in accordance with standard procedure over the Roberts Range, a vertical displacement of 1.()1~) feet being maintained at all times. The first air- craft. in the holding stack is to be held at an altitude of not less than 4,U~) feet until cleared to commence approach for landing. 3.5 Departinq ~nrrraff-~eparat,o'n 3.5.1 If an arriving aircraft is to make a complete instrument ap- proach a departing aircraft may take off in a direction which is dif- feremit by at least 45 from the reciprocal of direction of approach after the arriving aircraft has started a procedure turn leading to final approach. providing the take off will he made at least. three minutes before the arriving aircraft is estimated over the airfield boundary. 3.6 CrifeaZ posf ion of aircraft in traffic and taxi circuit 3.6.1 Ae.rodrome tower operators shall maintain a continuous watch on all visible flight operations on and in the vicinity of the aerodrome, including aircraftq vehicles and personnel on the rnanoeuvering area, PAGENO="0267" AIR LAWS A~D TREATIES OF THE WORLD 1669 and shall control such traffic in accordance with procedures set forth and applicable traffic rules. 3.6.2 The following positions of aircraft in the traffic circuit are the positions where the aircraft normally receive aerodrome control tower instructions, whether these are given by light signals or radio. The aircraft should be watched closely as they approach these positions so that proper instructions may be issued wit liout delay. Where prac- ticable all instructions should be issued without waiting for the aircraft to initiate the call (see appendix TWO for diagram). Position 1. Aircraft initiate call to taxi for departing flight. Run- way in use information and taxi instruction given here. Po~ition ~. If there is conflicting traffic the departing aircraft will be held at this point. Motors of the aircraft will normally be run-up at this point. Position 3. Take off clearance is issued here, if not practicable at position 2. Position 4. Clearance to land is issued here. Position 5. Clearance to taxi to the ramp is given here. 3.7 Selection of runway in v~se. 3.7.1 The term runway in use shall be used to indicate the runway that a particular time is considered by the aerodrome control tower to be the most suitable for use by the. types of aircraft expected to land or take-off at the airdrome. 3.7.2 Normally an aircraft. will take off and land into wind unless sa.fety or air traffic conditions determine that. a different direction is preferable.. In selecting the runway in use, however, the aerodrome control tower shall take into consideration, besides surface wind speed and direction, other relevant factors such as the aerodrome traffic pattern, the length of t.he runway and the landing aids available. ~.S Essenfh,l traffic info'i'mrition. 3.S.1 When operating under visual flight rules it is the responsibility of the pilot in command to avoid collision with other aircraft. How- ever clue to the restricted space on and around he manoeuvering areas it. is often essential that. traffic information be issued to aid the pilot to aviod collision between aircraft. Essential loca.l traffic will be con- sidered to consist of traffic operating on and in the vicinity of the aerodrome that. might constitute a hazard to the aircraft concerned. 3.S.2 Essential ground traffic shall include any aircraft, vehicle or personnel en or near the. inanoerivering area, which might constitute a hazard to the operation of the. aircraft concerned. 3.S.3 Essential local traffic shall be described so as to facilitate recognition by the. pilot in command of the aircraft. and shall be issued, when in the judgment of the tower operator. such informa- tion is necessary in the interests of safety, or when requested by the aircraft. 3.9 lnfoi'rnat,on on aerodrome eomlitons. 3.9.1 Essential information on aerodrome conditions is informa- tion necessary to safety in operation of aircraft, which pertains to the uianoeuveriiig area of any facilities usually associated therewith. For example. the following conditions shall be included as essential aerodrome. in formation to all aircraft. a. Construction work, along or near the runway in use. li. I~ollgII portions of the manoeuverin~ area, whether marked or not. PAGENO="0268" 1670 AIR LAWS AND TREATIES OF THE WORLD c. Key maintenance apparatus or workmen in or near any portion of the manoeuvering area that the aircraft may use. d. Slippery conditions of the runways or taxiways. e. Failure or irregular operation of any airport lighting system. f. Any other pertinent information. 3.9.2 Essential information on aerodrome conditions shall be given to every aircraft concerned, either directly or indirectly, in sufficient time for it to make proper use of such information. 3.10 Control of Taa~iing Aircraft 3.10.1 The importance of issuing definite, concise instructions to taxiing aircraft cannot be over-emphasized. The visibility problem in an aeroplane is most acute when taxiing. Very few aircraft. have forward vision for several yards directly in front of the aircraft and the pilot must depend to a large degree upon aerodrome control towers to issue the necessary instructions which will assist in determining the proper taxi route and will prevent collision with aircraft or other obj ects. 3.10.2 The pilot should also be warned of parked aircraft or other objects along or near the taxiing route. 3.11 Control of other than Au' Traffic on the manoeuvering area 3.11.1 The movement of persons or vehicles on the manoeuvering area which ma.y interfere with aerodrome traffic shall not be permitted unless permission has been granted for such movement by the aero- drome control tower. 3.12 Control of traffic in the traffic circuit Sufficient separation shall be effected between aircraft in flight in the traffic circuit to allow for the safe spacing of arriving and de- parting aircraft. The clearance to enter the traffic circuit is issued to an aircraft when- ever it is desired that the aircraft approach the landing area in accordance with the current traffic circuit, and the traffic conditions are such that a clearance authorizing the actual landing is not feasible. In connection with the clearance to enter the traffic circuit, informa- tion is to be given concerning the landing direction and runway in use so that the pilot iii command may plan his entry into the circuit. The clearance to enter the traffic circuit should not be confused with the clearance to land, since the former is issued when the aircraft is some distance from the aerodrome and traffic conditions will not per- mit the issuance of a landing. If an aircraft enters the circuit without proper authorization it will be permitted to land if its actions indicate that it so desires, if cir- cumstances warrant, a tower operator may ask an aircraft with whom he is in contact to give way so as to remove as soon as possible the hazard introduced by such unauthorized operation. In cases of emergency it may be necessary, in the interests of safety for an aircraft to enter the traffic circuit, and effect a landing without proper authorization. Tower operators should recognize the possi- bilities of emergency action and render all assistance possible. Am TRAFFIC CONTROL, APPENDIX THREE SPECIAL litTLE, LIGHT AIRCRAFI' OPERATION During periods of traffic congestion at Roberts Field a white hori- zontal landing "T" positioned in the vicinity of the Control Tower shall indicate the direction designated for landing and take-off. PAGENO="0269" AIR LAWS AND TREATIES OF THE WORLD 1671 When the landing "T" is displayed all Light Aircraft must con- form to the direction indicated for take-off and landing. At other times when the landing "T" is not displayed Light Aircraft may select a runway for take-off and landing which in the opinion of the pilot is most suitable. APPENDIX FOUR, ENFORCEMENT OF RULES 1. Penalties 1.1 Any person who knowingly or willfully violates any rule or regulation prescribed in these regulations, or any order or instruction issued by the government or airport controller authorized herein, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or imprisoned not more thaii six months or both. 1.2 In addition, the C.A.C.B. may withdraw, suspend, or revoke any license, permit, or document, issued under these above regula- tions from any person who knowingly or willfully violates any rule or regulation prescribed herein or any order or instruction issued by the Liberian Government. PAGENO="0270" PAGENO="0271" LIBYA CIVIL AVIATION LAW' No. 47 of September 23, 1956 The Senate and the House of Representatives have passed the /01- lowing Law, which, We, IDRIS THE FIRST, King of the United Kingdom of Libya have sanctioned and do hereby promulgate CIVIL AVIATION LAW PART I PRELIMINARY PRovisIoNs Article 1 All matters relating to civil aviation iii Libya shall be Adnilnisthitlon under the supervision of the Minister of Communications who shall exercise his powers in accordance with this Law and the provisions of the Chicago Convention and any other international convention or agreement relating to civil aviation to which Libya is or becomes a party. Article 2 (1) In this Law: Interpretation "Chicago Convention" means the Convention on Inter- national Civil Aviation concluded at Chicago on the seventh day of December one thousand nine hundred and forty-four and includes the standards and recommended practices adopted by the International Civil Aviation Organization in pursuance of Article 3~ of that Conven- tion; "Contracting State" means a State which is a party to the Chicago Conve.ntion. "Minister" means the Minister of Communications; "Person" means any body, company, airline or any natural person or other juridicial person. (2) Unless it is otherwise provided, a technical term or expression relating to air navigation which is (lefined in the Chicago Convention or the. Schedule to this Law shall have the same meaning in this Law and any reg- 1 The Official Gazette of the United Kingdom of Libya, No. 20. Oct. 15, i956, Vol. VI. Official translation from the Arabic supplied by Libyan Government. 1673 PAGENO="0272" 1674 AIR LAWS AND TREATIES OF THE WORLD ulations or instructions made or given thereunder as it has in the like context in that Convention or Schedule. Article 3 Delegations The Minister and the appropriate authority in the Province may delegate any of their powers and func- tions under this Law except the power to make regula- tions and orders respectively, and thus may at any time revoke such delegation. Article 4 Power ~o make The Minister may make regulations: regulations (a) br the purpose of carrying out the Chicago Convention and any other international convention or agreement relating to civil aviation to which Libya is or becomes a party; (b) In respect of air-lines and agreements relating thereto; and (c) prescribing in accordance with Article 38 (12) of the Constitution all matters with respect to aircraft and air navigation, the construction of airports, the regula- tion of air traffic and the administration of airports. PART II NATIONALITY AND Rr~iusTR~rIoN ANNEx Article 5 Nationality (1) An aircraft shall be deemed to possess the nation- of aircraft . . ahty of the State in which it is registered. (2) An aircraft registered under this Law shall be deemed to be a Libyan aircraft. Article 6 Certifica~esof (1) Subject to compliance with this Law the Minister registration and aircraft may issue t.o the owner of an aircraft a certificate of register registration. (2) The wording and arrangement of the certificate of registration shall be in the form adopted in pursuance of the Chicago Convention. (3) The Minister shall maintain a register of Libyan aircraft and shall record in that register, in relation to each aircraft, the information contained in its certificate of registration. Article 7 Application for (1) Xn application for registration under this Part registration shall be made to the Minister in a form approved by the Minister. (2) The applicant shall furnish the Minister with such particulars relating to the aircraft and the ownership PAGENO="0273" AIR LAWS AND TREATIES OF THE WORLD 1675 and control thereof and with such evidence as to the truth of statements set out in tile application as the Minister requires. Article S (1) The Minister shall refuse to register an aircraft ~~%refuse under this Law while it is registered in any other State. (2) The Minister may refuse to register an aircraft (a) it appears to the Minister to be inexpedient in the public interest that the aircraft should be so registered; or (b) the owner is not a Libyan national or a cor- poration substantially owned or elYectively con- trolled by Libyan nationals. Article 9 (1) Where there is a change in ownership of a Libyan ~ and aircraft, the registered owner shall forthwith forward to ~~1on of the Minister- (a) a notification of the change of ownership, set.- ting out the full name and residence of the new owner, and the date of change of ownership; and (b) the certificate of registration of the aircraft; and the certificate of registration shall then be can- celled and an appropriate entry made in the register. (2) Upon application by the new owner in the pre- scribed manner, the Minister may register him as the owner of the aircraft and issue to him a fresh certificate of registration. (3) Where a Libyan aircraft is destroyed or per- manentlv withdrawn from use the. registered owner shall forthwith notify the Minister in writing and the certif- icate of registration shall then be cancelled and an ap- propriate entry made in the register. Article 10 (1) The Minister shall supply to a Contracting State ~ or to the International Civil Aviation Organization, on ~re~ster request, information concerning the registration and ownership of Libyan aircraft and, if requested, shall fur- nisli reports to the international Civil Aviation Orga- nization giving such data as can be made available concerning the ownership and control of Libyan aircraft engaged in international air navigation. (2) The register of Libyan aircraft shall be open to inspection subject to such conditions and the payment of such fee as the Minister directs. Article 11 (1) The nationality mark for Libyan aircraft shall Nationality be the number and letter "fA". 39-737-----65---vol. II-18 PAGENO="0274" 1676 AIR LAWS AND TREATIES OF THE WORLD (2) The registration mark shall be assigned by the Minister and shall consist of a group of three capital let- ters in Roman characters without ornamentation. (3) The nationality mark shall precede the registra- tion mark and there shall be a hyphen between those marks. Article 12 rrti~ etc. (1) The nationality and registration marks shall be paimited on the aircraft. or shaH be affixed by any other means ensuring a similar degree of permanence and shall l)e kept clean and visible at all times. (2) The location. measurements and type of characters of the nationality and registration marks of Libyan air- craft shall be in conformity with the requirements of the Chicago Convention. Article 13 I~e~et1ficatlon (1) An aircraft shall carry an identification plate in- scribed with its nationality and registration marks, and, in the case of Libyan aircraft, such other details as the Minister requires. (2) The identification plate of a Libyan aircraft, shall be made of fireproof mental or other fireproof material approved by the Minister and shall be secured to the air- craft in a prominent position near the main entrance. Article 14 Flight by An aircraft shall not fly over Libyan territory unless it nonregistered . . . . aircraft is registered and has its nationality and registration marks painted on or affixed to it in accordance with this Part or Article 46 of this Law, or the Minister has ap- proved the flight and the aircraft. complies with the condi- tions of that. approval. PAjrr Ill LICENSING OF PERSONNEL AND AIRWORTHINESS Article 15 ~cgr~SIn~of~ (1) The Minister shall determine in relation to Libyan maintenance aircraft., the class of licence which must be held by a per- personnel son to entitle that person to act in any particular capac- ity- (a) as a member of the flight crew; and (b) as an aircraft or radio maintenance engineer. (2) The Minister shall also determine- (a) the privileges and restrictions and, where ap- propriate, ratings attaching to each class of licence; and (b) t.he requirements for issue, continuance in force and renewal of each class of licence, including PAGENO="0275" AIR LAWS AND TREATIES OF THE WORLD 1677 theoretical and practical tests and examinations, and physical and medical standards. (3) The Minister may issue or renew a licence of a class determined under paragraph (1) of this Article on being satisfied that the requirements specified by him have been fulfilled. (4) The Minister may on the issue or renewal of a particular licence or at any time during the period of its validity impose any special restriction which he considers necessary, and details of that restriction shall be entered in the licence and shall not be removed until the Minister is satisfied that it is no longer required. Article 16 (1) A certificate of airworthiness in respect of a Lib- orthl~81 yan aircraft may be issued or renewed by the Minister if maintenance he is satisfie.d that the aircraft complies with the require- ~f~" ments specified by him in respect of design, construction, instruments, equipment, weighing, flying trials and ot.her tests. (2) The Minister shall determine the conditions under which a certificate of airworthiness shall remain in force, and may require such certificates issued by licensed air- craft and radio maintenance engineers in respect of the repair and maintenance of the aircraft and its equipment as he considers necessary. (3) A Libyan aircraft shall not fly unless- (a) there is in force a certificate of airworthiness issued or rendered valid under this Law and the air- craft complies with the conditions of that certificate; or (b) the Minister has approved the flight for the purpose of experiment or test and the aircraft com- plies with the conditions of that approval. Article 17 Where a valid licence, rating or certificate has been ~aI1dation of licenses and issued by the competent authority in a Contracting State, certificate the Minister may, subject to such c.onditions as he thinks fit, confer on that licence, rating or certificate the same validity as if it has been issued under this Law. Article 18 The holder of a licence, rating or certificate issued Charges for under this Article shall pay such charges- i~s~ and (a) for the issue, validation, endorsement or re- certificates newal of the licence, rating or certificate; and (b) for examination and tests held in connection with that issue, validation, endorseme.nt~, or renewal. as the Minister requires. PAGENO="0276" 1678 AIR LAWS AND TREATIES OF THE WORLD PART IV AIR SERVICE OPERATIONS Article 19 Sc9duled air An airline or any other person shall not engage in operaUons sLeduled air service operation- (a) between Libya and places outside Libyan ter- ritorv: (b) between places within Libyan territory; or c) over Libyan territory, except. in accordance with the terms of an agreement be- tween the State of Registry of the aircraft used in the operations and the Government of Libya, or with the ap- proval of the Minister and in accordance with such condi- tions ai~d restrictions as the Minister requires. Article 20 ~o~cheduIed (1) An aircraft of a Contracting State, not engaged in scheduled mt ernati onal air service operations, may- (a make a non-scheduled flight in transit non- stop across Libyan territory or make stops for non- traffic purposes. pro\lded that the Minister may re- quire the. aircraft to land or, for reasons of safety of flight, to follow a prescribed route or obtain special permission for the flight; and (b) have the privilege of taking on or discharging passengers, cargo or mail subject to such conditions and restrictions as tile Minister requires. (2) Subject to paragraph (1) of this Article, an air- craft. shall not engage in non-scheduled air service opera- tions bet~eeii places within Libyan territory, except in accordance with the approval of the Minister and subject to such conditions and restrictions as the Minister re- quires. Article 21 iOn (1) An aircraft., when flying within Libyan territory, documents shall carry the following documents- (a) its certificate of registration; (b) its certificate of airworthiness; (c) its maintenance release; (d) the licenc.es of the operating crew; (e) its journey log; (f) its flight manual (if any) (g) the licence, to use radio apparatus (if any) in the. aircraft: (hi) if it carries passengers, a list of their names and places of embarkation and destination; (1) if it carries cargo. the bills of lading and mani- fests in respect of the cargo; and (j) its load sheet. (if any). PAGENO="0277" AIR LAWS AND TREATIES OF THE WORLD 1679 (2) The Minister may grant an exemption from any of the requirements of paragraph (1) of this Article in respect of an aircraft, other than an aircraft engaged in international air navigation. (3) rfIle owner or pilot-in-command of an aircraft shall, on demand, produce or cause to be produced for in- spection by an officer authorized by the Minister, any or all of the documents required under this Article. PART \ AERODYNAMICS AND SERVICES Article 22 (1) Except in emergency, an aircraft shall not land AerodTomee at or take off from any place in Libyan territory unless that place is- (a) a publicly owned ae.rodrorne; or (b) a privately owned aerodroine or other place licensed or approved by the Minister. (2) The Minister may, in relation to the aerodromes and places specified in sub-paragraphs (a) and (b) of paragraph (1) of this Article, issue such directions and instructions as lie considers necessary to ensure the safety of air navigation or to give effect to provisions of the Chicago Convention relating to- (a) communication systems and air n~vigatiou aids including ground markings; and (b) characteristics of airports and lanc1i~~~i areas. (3) The appropriate authority in the Proviiue, sub- ject to this Law and the regulations and in~triictions made~ or given thereunder, shall be responsible for the administration of publicly owned aerodromes and may appoint such officers as are necessary for that purpose. Article 23 (1) The appropriate authority in the Province, sub- ~~~ome ject to this Law and the regulations and instructions made or given thereunder, may make Orders for any one or more of the following purposes- (a) specifying those parts of an aerodrome where the entry of persons or animals is prohibited or restricted; (b) the securing of the safety of an aerodrome and of aircraft. using it against damage and, in par- ticular, damage by fire; (c) the restriction of smoking within an aero- drome; (d) the preservation of order and good conduct and the prevention of nuisances at an aerocirome; (e) the specification of routes to be followed by vehicles and the regulation of traffic generally within the confines of an aerodrome, iiicludiiig the circum- PAGENO="0278" 1680 AIR LAWS A~D TREATIES OF THE WORLD stances in which vehicles, whether unattended or not, may remain stationery; and (f) generally for the proper management of an aerocirome. (2) Orders made under this Article shall be clear]v displayed at the aerodrome to which they apply, at such places and in such manner suitable for giving informa- tion to lersons using the aerodrorne or likely to be affected by the Orders. Article 24 Powerof (1) Failure to comply with an Order made under ~:~or;iSed t.he previous Article shall be an offence, and an author- ised officer may require an offender to give his name and address and order the offender to leave the aerodrome. (2) Where an offender fails or refuses t.o comply with a requirement. or order under this Article, au authorised officer may either remove him from the aerodrome by force or arrest. hini forthwith. (3) Where an arrest takes place in pursuance of the provisions of this Article, the person so arrested shall as soon as possible be delivered to the appropriate authority to be dealt with according to Law. (4) Tn this Article, the expression ~`aiithorised officer" means- (a) a member of the p°1~~ or (h) any person belonging to a class authorised in writing by the appropriate authority in the Province to exercise the powers conferred by this Article. Article 2~ Removal and (1) Whenever an object or portion of an object lo- marking of obstructions cateci in the vicuutv of an aerodrome- (a) constitutes, in the opinion of the appropriate authority in the Province, an obstruction or poten- tial hazard to aircraft or (b) extends above the approach or transitional surfaces specified in Annex 14 t.o the Chicago Con- vent ion, the appiopriite authority in the Province may authorise a notice to be served U~Ofl the owner of the property in which the object is located, directing the owner within such reasonable time as is specihed in the notice to re- move the object or such portion of it as is specified in the notice, or to install and operate lights on the. subject and mark it in accordance with the. directions of the ap- propriate authority. (2) The owner shall be reimbursed all reasonable ex- penses and the amount. of any actual loss incurred in com- plying with a notice un(ler this Article.. (3) If an owner, upon whom a notice is served under this Article, fails to comply with the directions in the notice, he shall be guilty of an offence and tile appropriate authority in the Province may authorize all ofiicer t.o enter PAGENO="0279" AIR LAWS AND TREATIES OF THE WORLD 1681 the place where the object is aiid carry out the directions in the notice. Article 26 (1) The appropriate authority in the. Province may, fes~tions by notice in the~ Provincial Gazette, prohibit the erection constructions of new constructions within a distance of five miles (eight kilometres) of the boundaries of Idris Airport, Benuia Airport., Seblia Airport and such other airports as may be designated which- (a) might constitute an obstruction or potential hazard to aircraft; or (b) would extend above the approach or transi- tional surfaces s1)eci~ed in Annex 14 to the Chicago Convention. (2) A notice under this Article shall specify the boundaries of the airport to which it relates. Article. 2~i Any light in the vicinity of an aerodrome which, ~ ~~erous t.he opinion of the appropriate authority in the Province, might constitute a danger to aircraft, shall l)e estin- guished or so modified in accordance with the directions of the appropriate authority in the Province as to elLrn- mate the source of danger. Article 28 (1) Air Traffic service shall be established in respect Air traffic services of such portions of the airspace and such aerodromes as the Minister determines, having regard to the type of air meteorological conditions and such other factors as may be relevant, and those services shall be maintained and operated in accordance with such instructions on matters within the functions of the air traffic services as the Minister considers necessary to give effect to the Chicago Convention. (2) WThe.n tIie Minister determines under paragraph (1) of this Article that air traffic services for aerodrome traffic will be provided at a publicly owned aerodronie. he may make all necessary arrangements with the Provinces to ensure that those services are duly providech arid in that event., such of the instructions referred to in para- graph (1) of this Article as relate to air traffic services for aerodrorne traffic shall be notified to the air traffic services personnel through the appropriate Provincial Authority. (3) In this Article- "Alerting service" means a service provided to notify appropriate organisations regarding aircraft in need of search arid rescue aid to assist those organisations as required PAGENO="0280" 1682 AIR LAWS AND TREATIES OF THE WORLD "Air traffic services" include an air traffic control service and whenever practicable or if required under the Chicago Convention, a flight information service, an air traffic advisory service and an alerting service. Article 29 Aeronautical (1) The Minister may establish aeronautical informa- information . ., . services tion services~ as far as practicable in conformity with the Chicago Convention for the purpose of disseminating information necessary for the safety, regularity or effi- ciency of air navigation, in a form suitable for the operational requirements of- (a) flight, operational personnel, including flight crews and the services responsible for pre-flight information; and (b) the services responsible for in-flight informa- tion. Article 30 Search and The Minister may establish a search and rescue service ~scue service . for the purpose of assisting aircraft winch may be m need of search and rescue assistance and shall co-ordinate that service with the search and rescue or~anisations of neighbouring Contracting States. Article 31 Charges for use (1) The Minister may determine after consultation of aerodromes . . . . and services with the appropriate authority in the Province and other interested parties, the tariff of charges for the use of each aerodrome and its associated services. (~) TJntil the Minister makes a determination under this Article, the tariff of charges effective prior to the coming into force of this Law shall remain in force. PART *\`I ACCIDENT INQUIRY (ANNEX 13) Article 32 Definitions In this Part- "Accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disem- bcrked. in which- i) any per~~r1 suffers ieath or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto: or (b) the aircraft receives substantial damage; "State of Re~istry" me~ins the State in which the air- craft is registered. PAGENO="0281" AIR LAWS AND TREATIES OF THE WORLD 1683 Article 33 (1) Where an accident occurs to a Libyan aircraft or ~ °~ any other aircraft in Libyan territory the pilot-in-com- mand, or if he is killed or incapacitated, then the owner, operator, hirer or other person on whose behalf he was in command of the aircraft, as the case may be, shall be responsible for notifying to the Minister with the mini- mum delay and by the quickest means, such of the follow- ing information as is immediately available- (a) type, nationality and registration marks of the aircraft; (b) name of owner, operator and hirer (if any) of the aircraft; (c) name of the pilot-in-command; (d) date and time of the accident; (e) last point of departure and point of intended landing of the aircraft; (f) position of the aircraft with reference to some easily defined geographical point; (g) number of persons killed or seriously injured (if any); and (h) nature of the accident and the extent of damage to the aircraft. (2) If all the particulars specified in paragraph (1) of this Article are not immediately available, t.he notification shall so state and a supplementary notice containing the particulars not included in the first notice shall be furnished to the Minister as soon as possible. (3) If the aircraft to which the accident has occurred is registered in a Contracting State other than Libya, the Minister shall forward to that State the particulars supplied in the notices required under this Article to- gether with advice as to the nature of the inquiry being conducted in respect of the accident. Article 34 (1) Where an accident occurs to an aircraft in Libyan Custody of air- territory, the aircraft (including the contents arid parts ~fl~~ed thereof) shall be deemed to be in the custody of the Minister for such period as the Minister considers neces- sary for the purposes of an accident inquiry, and it shall not be removed or otherwise interf erred with except with the permission of the Minister. (2) Notwithstanding paragraph (1) of this Article, the aircraft may be moved to the extent necessary- (a) to extricate persons, animals, mails and valu- ables; (b) to prevent distruction or damage by fire or other causes; or (c) to eliminate any danger or obstruction to air navigation, to other transport or to the public. PAGENO="0282" 1684 AIR LAWS AND TREATIES OF THE WORLD Article 35 ~ons~it~t1on of The Minister may constitute a Board of Inquiry for Inquiry the. purpose of investigating the circumstances of an ac- cident, or where the Minister considers it necessary in the public interest, any other occurrence- to a Libyan aircraft: or to any other aircraft in Libyan territory. Article 36 Duties a~d (1) Tue Board of Inquiry shall' obtain and record all Boardof available relevant information and, in the case of an Inquiry accident, where possible visit the scene of the accident and examine the wreckage. (~) Tue Board of Inquiry shall have po~ver to sum- mon and examine witnesses on oath or affirmation and re- quire the production of documents and the like, and for these purl)oses a member of the Board shall have power to sign a suimnons or other document necessary for the in- quirv in the. saimie manmier as an investigating Judge has power to do iimler the Criminal Procedure Code. Article 3;' Accidents to (1) WThere the aircraft to which the accident has oc- aircraft of Con- -, tracting States curred is registered in a (~ ontracting state, other than Libya, the Minister shall institute an inquiry into the circumstances of the accident and, subject to such condi- tiomis as lie considers necessary, an accredited representa- tive of the State of Registry, together with advisers, may participate in time inquiry, and, in that. event the Minister shall, so far as he is able, facilitate inquiries by that repre- seiitative. (~ Notwithstanding paragraph (1) of this Article, the Minister may delegate the whole or any part. of the inquiry to the accredited representative of the State of Registry. ~rticie. 3S Accidents out- \Vhere an accident which occurred outside Libyan ter- side Libyan territory ritory i~ l~emn~ investigated b a Contracting State other than Libya the Minister shall, on request.. furnish that State. with any relevant information available to him, iriclimd~ng information concerning air safety facilities and services which mmiv have been used by the aircraft. prior to the accident, on condition that the State conducting the it ~ i iv. if IY ues~ (1. l~ its a representative appointed by tIme Thmiist er to participate in time inqmu my. Article 39 eporton (1) The Board of Inquiry shall, as soon as practicable after the holding of an inquiry, forward to the Minister a PAGENO="0283" AIR LAWS AND TREATIES OF THE WORLD 1685 report. of its findings, including a summary of evidence and other essential information on which the findings are based. (2) If after receipt of the report new and significant e.v~clence becomes available the Minister may re-open the ~ (3) Where the. inquiry concerns an accident to an air- c.raft registered in another Contracting State the Minister shall, as soon as practicable, forward a copy of the report to that State, and relevant extracts from the report to any other State which has, on request., furnished information to the Board of Inquiry. PART ~\III OFFENCES AND PEx~L'uLI:s Article 40 (1) A person shall be guilty of an offence if- Offenee~ (a) he contravenes or fails to comply with this Law or any regulation, order or instruction made or given thereunder; (b) he performs any duty or does any act for which a licence, rating or certificate is required with- out holding the appropriat.e licence, rating or cer- tificate.; or (c.) he commits any ac.t which is likely to imperil the safet.y of an aircraft or its passengers or crew, or t.he safety of persons or property on the surface. (2) The owner, hirer, operator and pilot-in-command of an aircraft which flies in contravention of this Law or a.ny regulation or instruction made or given there- under shall be guilty of an offence unless he proves t.hat the contravention occurred without. his fault or privity. (3) It shall be a good defence to any proceedings if the offence is proved to have been due to stress of weather or other unavoidable cause. Article 41 Fnless it is otherwise provided, the penalty for an Penalties offence against, this Law shafl be a fine not exceeding L~. 100 or imprisonment for any period not exceeding six months or both. Article 42 (l~ Where. it appears to the Minister that. an aircraft Detentlonot may be flown in such circumstances that the flight would aircraft involve an offence. under this Law-, the. Minister may authorise the detention of the. aircraft. or require such other action in respect of the aircraft as the Minister con- siders necessary to render the aircraft fit. for flight.. (~) Tn such cases the. aircraft shall not. be used until t.he Ministe.r is satisfied that the flight is in accordance with this Law, or until such other ~ut ion has been carried PAGENO="0284" 1686 AIR LAWS AND TREATIES OF THE WORLD out as the Minister consider necessary to render the air- craft fit for flight. Article 43 The Minister may suspend, cancel, vary or endorse any etc. of licenses licence, rating or certificate issued or rendered valid m and certificates pursuance of this Law whenever he is satisfied that such action is necessary or desirable- (a) in the interest of public safety; (b) to ensure compliance with the Chicago Con- vention; or (c) to ensure compliance with this Law or any regulation or instruction made or given thereunder. PART 1/ITT MISCELLANEOtTS Article 44 Rulee of the (1) Aircraft shall comply with the Rules of the Air in the Schedule to this Law. (2) The Minister may make regulations amending the Schedule to this Law to the extent necessary to give effect to Annex 2 of the Chicago Convention as amended from time to time. Article 45 (1) Subject to paragraph (2) of this Article, the conditions ob- pilot-in-command of an aircraft flying over such routes in as the Minister designates shall report in a form and manner approved by the Minister the meteorological con- ditions observed in flight. (2) The pilot-in-command shall furnish a report as soon as practicable if- (a) he is of the opinion that the meteorological conditions are likely to affect the safety of other air- craft; or (b) the meteorological service makes a request either before or during flight for specific infor- mation. (3) Reports furnished under this Article shall be as- sembled and disseminated in accordance with the require- ments of the Minister and the Meteorology Law, 1954. Article 46 Aircraft of An aircraft registered in a Contracting State other Contracting . . . . States than Libya, shall not fly within Libyan territory unless it complies with the provisions of this Law which are ex- pressed to apply to such aircraft and the requirements of that State in respect of- (a) its nationality and registration marks; (b) its certificate of airworthiness; and (c) the number and description of, and the hold- ing of lice.nces and ratings by the flight crew. PAGENO="0285" AIR LAWS A~D TREATIES OF THE WORLD 1687 Article 4T An aircraft registered in a non-Contracting State shall not fly within Libyan territory unless the Minister ap- tag States proves the flight and the aircraft complies with such con- ditions as the Minister considers necessary. Article 48 (1) The Minister shall, in accordance with Article 22 r0~j~not of the Chicago Convention, adopt all practicable meas- lires to facilitate and expedite navigation by aircraft be- tween Libya and the territories of other Contracting States and to prevent unnecessary delays in the clearance of aircraft, crews, passengers and cargo, especially in the administration of the laws relating to immigration, quar- antine and customs. (2) Where an aerodrome has been designated as a cus- toms airport in pursuance of Article 3 (1) of the Customs Law, 1954 the Minister shall transmit to the Interna- tional Civil Aviation Organisation the particulars of that airport required by the Chicago Convention to be so transmitted. Article 49 A foreign military aircraft shall not fly over or land in Foreign Libyan territory except in accordance with an agreement ~f~' with the Government of Libya, or with the express per- mission of the Minister, but an aircraft so flying or land- ing shall be exempt from the provisions of this Law ex- cept to such an extent as is specified in the agreement or permission. Article 50 (1) An aircraft shall not carry munitions or imple- Carriage or munitions and ments of war or dangerous goods except with the permis- dangerous sion of and in accordance with the conditions specified goods by the Minister. (2) In this Article, "dangerous goods" means any ex- plosive substance and any other goods which by reason of their nature are liable to endanger the safet.y of aircraft. Article 51 The Minister may prohibit or impose conditions upon Photographic the use of photographic apparatus in aircraft., apparatus Article 52 All laws, subsidiary legislation, orders and notices in Saving operation in any part of Libya prior to the coming into force of this Law shall continue to be effective, except to the extent that. they are in conflict with this Law or r~p1iiced by regulations or instructions made or given thereunder. PAGENO="0286" 1688 AIR LAWS AXD TREATIES OF THE WORLD Article 53 This Law may be cited as the "Civil Aviation Law, force 1956" and shall come into force on the date of its publi- cation in the Official Gazette. THE SCHEDULE RLLES OF THE AIR (AXXEX 2) Part, I Dl;rIxITIoxS Rule I Definitions In these Rules- "Acr( batic. Ilights" means nmnoeuvres intentionally perloriiied by an aircraft involving all abrupt change in its attitude. au abnormal attitude, or an abnormal varia- tiOll ill speed "Aerodrome traffic" means all traffic, on the manoeuvr- ing area of an aerodrome. and all aircraft. flying in the Vie inily of au aerodi'oiue "Air traiii nieauis all aircraft in flight 01' operatlng on the niutnoevring area of an aerodronie; "Air traffic control clearance means an authorisation by a. unit of the air traffic control service for an aircraft to pioceed under specified conditions; "Air Traffic. control service" means a service provided for preventing collision and expediting and maintaining an orderly flow of air traffic "Altern ate aerodrome means an aerodrorne specified in the flight plan to which a flight may proceed when it becomes ina(.lvisable. to land at the aercirome of intended landing and where appropriate may be the aerocirome. of departure; "Controlled airspace. means an airspace of defined dimensions within which air traffic control service is provide(l to Will flights; "Control area" nieans a. controlled airspace extending upwards from a specified height above the. surf ace of tile earth "Control zone' means a controlled airspace. extending upwar(ls from the surface of the earth; "Cruising level" means a. level maintained during a s~gniheant portion of a flight. "1.)uiuger area means an area of Libyan territory or the territorial waters a(l~ticeiit thereto, specified by the Minister in l)~~slla1uce of Rule 13, within or over which there max exist activities constituting a potential danger to aircraft flying over it; PAGENO="0287" AIR LAWS AND TREATIES OF THE WORLD 1689 "Flight plan" means information provided to air traffic service units concerning the intended flight of an air- craft; "IFR" mean Tnstrun~ients Fli~ht~ Rules "IFR flight" means a flight.~ conducted in accorclance~ with Instrument Flight Rules ; "IFR weather conditions" means weather conditions in which flight under Visual Flight Rules is not permitted; `Magnetic track" means the angle measured clockwise from magnetic north to the path followed by an aircraft over the earth; `~Manoeuvring area" means the part of an aerodronle to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing; "Prohibited area" means an area of Libyan territory or the territorial waters adjacent thereto, specified by the Minister in pursuance of Rule 13, over which the flight or aircraft is prohibited; `Reportmg point means a specified geographical location in relation to which the position of an aircraft may be reported. `~Restricted area" means an area of Libyan territory or the territorial waters adjacent thereto, specified by the. Minister in pursuance of Rule 13, over which the fli~ht of aircraft is restricted for other than air traffic control pill'- poses in accordance w-ith conditions specified by the Minister; "VFR" means Visual Flight Rules; "VFR flight" means a flight conducted in accordance with Visual Flight Rules "VFR weather conditions" means weather conditions in which a fii~iht may be conducted in aecor(lctnee with Visual Fhi~ht Rules "Visibil~tv" means the ability, at determined by atinos- pheric conditions and expressed in units of distance, to see and identify prominent unlighited object by day and prominent lighted objects by night: "Flight visibility" means the a*vera~e ran~e of visibil- ity forward from the cockpit of an aircraft in flight; "Ground visibility" means the visibility at an aei'o- drome. as reported by an accredited observer. PART II APPLICABILITY OF TIlE Rd-LEs OF TIlE AIR Rule 2 The. Rules of the Air shall apply to all aircraft operat~ Application ing within Libya and to Libyan aircraft, wherever they may be: Provided that when a Libyan aircraft is- (a) within the territory of another State these Rules shall apply only in so far as they (ho not con- flict with the i'u~les of that State; or PAGENO="0288" AIR LAWS A~D TREAYIES OF THE WORLD 1690 (b) over the high seas that aircraft shall comply with the provisions of Annex 2 to the Chicago Convention. Rule 3 (1) Aircraft shall be flown at all times in compliance with the requirement of Part III or these Rules and in addition shall comply with either the Visual Flight Rules iii Part IV or the Instrument Flight Rules in Part V of these Rules: Provided that a flight or part of a flight conducted between the hours of sunset and sunrise shall be in accordance with Instrument Flight Rules. (2) Before commencing a flight., the pilot-in-command shall ascertain whether conditions permit the flight to be conducted in accordance with the Visual Flight. Rules or require compliance with the Instrument Flight Rules. (3) A pilot-in-command may elect to fly in accordance with Instrument Flight. Rules in VFR weather condi- tions or he may be required to do so by the air traffic control service. Rule 4 Responsibility (1) The pilot-in-command of an aircraft shall, ~ whether ~naiiipulat.ing the controls or not, be responsible the Air for the operation of ~fhe aircraft in accordance with the Rules of the Air, except that he may depart from these Rules in circumstances that render such departure abso- lutely necessary in the interests of safety. (2) Nothing in these Rules shall be construed so as to make the pilot-in-command solely responsible for avoid- ing collisions with aircraft. during IFR flights and he shall not be held responsible for such collisions unless there is evidence of negligence on his part. Rule 5 Pre-flight Before commencing a flight, the pilot-in-command of action an aircraft. shall study all available information which might atYect the intended operation, and in the case of flights away from the vicinity of an aerodrome, and all IFR flights, shall make a careful study of current weather reports and forecasts, and he shall plan the flight, in relation to the information obtained, taking into consideration fuel requirements and an alternative course of action if the flight cannot be completed as planned. Rule 6 ~~UOO~ItY The pilot-in-command of an aircraft shall have final command authority as to disposition of the aircraft while he is in corn inand. Rule 7 A person shall not. pilot an aircraft, or act as a flight narco'~tics or ` crew member of an aircraft., while under the influence drugs of intoxicating liquor or aiiy narcotic or drug, by reason of which his capacity so to act is impaired. PAGENO="0289" AIR LAWS AND TREATIES OF THE WORLD 1691 PART III GENERAL FLIGHT RULES Dh,i~io'n 1 PROTECTION OF PERSONS AND PROPERTY Rule 8 in aircraft shall not be operated in a negligent or reckless manner so as to endanger life or property of o?erat~on of others. a (1) An aircraft shall not fly- (a) over the congested area. of a city, town or settlement or over an open air assembly of people except at such a height as will permit., in the event of an engine failure, a landing to be made without hazard to persons or property on the surface, but in no case shall the height when over any such area or assembly be less than 1,000 feet (300 metres) above the highest obstacle within a radius of 2,000 feet (600 metres) from the aircraft.; or (b) over any other area at a height less than 500 feet (150 metres) above the ground or water. (2) The provisions of paragraph 1 of this Rule shall not apply- (a) to an aircraft which is taking off or landing at a public aerodrome, or other place licensed or approved by the Minister for that purpose, if the aircraft is flying at a height which having regard to all the circumstances of the case is reasonable and in accordance with normal aviation practice; or (b) to an aircraft which is flying below the pre- scribed height in accordance with the special per- mission of the Minister. Rule 10 Except in emergency, or in accordance with the prior ~~Ug approval of the Minister, the pilot-in-command shall not permit anything to be dropped from an aircraft in flight which might create a hazard to persons or property. Rule 11 Parachute descents, other than emergency descents, Parachute shall not, be made unless authorised and conducted . descents ~accordance with the approval of the Minister. Rule 12 An aircraft. shall not be flown acrobatically- Acrobatic (a) in controlled airspace except with the permis- flight sion of the air traffic control service; 39-737---65-.vol II-19 PAGENO="0290" 1692 AIR LAWS AND TREATIES OF THE WORLD (b) over congested areas of cities, towns or settle- ments or over an open air assembly of persons ex- cept with the approval of the Minister; or (c) anywhere in circumstances which might con- stitute a hazard to air navigation. Ru]e 13 restrictions (1) The Minister may for reasons of public safety declare any area of Libyan territory to be a restricted, prohibited or danger area. (~) The Minister shall notify particulars of a re- stricted, prohibited or danger area and shall as soon as possible after the declaration communicate to inter- ested Contracting States and the International Civil Aviation Organisation. the extent and location of the area and where appropriate, the nature of the restriction. (3) An aircraft shall not be flown over a restricted, prohibjted or danger area except in accordance with the permission of the Minister and subject to such conditions as he specifies. D~v~on 2 AVOID~\XCE OF COLLISIONS Rule 14 Proximity (1) An aircraft shall not be operated in such prox- imitv to other aircraft as to create a collision hazard. (2) Aircraft shall not be flown in formation except by pre- arrangemelit. Rule 15 Right of way (1) The aircraft that has the right of way shall main- tain its heading and speed, but nothing in these Rules shall relieve the pilot-in-command of an aircraft from the responsibility of taking such action as will best avert collision. (2) An aircraft which is required by the Rules in this Division to keep out of the way of another aircraft shall avoid pa~sing over or under that aircraft, or crossing ahead of it. unless passmg well clear. Rule 16 Approaching Wlien two aircraft are approaching head-on or ap- Pi0x11~~1t clv so and there is changer of collision, each shall alter its heading to the right. Rule 17 Converging ceo t\vr~ a~ rein ~ are converging a~ approx1ni~1teiy ~cn~e eltitcie. the aircraft that has the other on its ri~r~t ~iall ~rive WaY. except as follows- :i) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons; PAGENO="0291" AIR LAWS AND TREATIES OF THE WORLD 1693 (b) airships shall give way to gliders and bal- loons: (c) gliders shall give way to balloons; (d) power-driven aircraft shall give way to air- craft which are seen to be towing other aircraft or objects. Rule 18 An aircraft which is being overtaken has the right of Overtaking way and the overtaking craft, whether climbing, de- scencling or in horizontal flight shall keep out of the way of other aircraft by altering its course to the right, and no subsequent change in the relative positions of the two air- craft shall absolve the overtaking aircraft from this ob- ligation until it. is entirely past. and clear. Rule 19 (1) An aircraft in flight, or operating on the Landing gro~mcl or water, shall give, way to other aircraft landing or on final approach t.o land. (2) When two or more heavie.r-t.haii-air aircraft. are approaching an aerodrome for the purpose of landing, aircraft. at. the higher altitude shall give way to aircraft at the lower altitude, hut the latter shall not take acivan- t.age of this rule to cut in in front of another which is on final approach to land, or to overtake that aircraft.. (3) Notwithstanding paragraph (2) of this Rule, power-driven heavier-than-air aircraft shall give way to gliders. (4) An a.ircraft that. is aware that. another is compelled to land shall give way to that. aircraft. Rule 20 An aircraft. about to take off shall not. attempt. to do so Taking-off until there is no apparent. risk of collision with other air- cra ft.. Rule 21 (1) An object shall not. be towed by an aircraft. except ~~j0f with the permission of the ~\Iinister and in accordance with his directions. (2) Noth i n~ in this Rule shall ~ vent the rca scu he. use or display from an aircraft. in fiiLrht. of radio aerials, or an signal apparatus. equipment or article. Rule 22 (1) Between sunset. and sunrise, or such other period ~ between sunset. and sunrise as the Minister determines, all ai~cr~t aircraft in flight, or operating on the mnnoeuver~ng area. of a land or water a erodrome~ shut]] d151)l av the ~ ~i )rOl)Ii - ate navigation lights specified ill 1~1pendix B to Auiiex 2 of the Chicago Convention. PAGENO="0292" 1694 Alu L'WS AXD TREATIES OF THE WORLD ~) An aircraft shall not. display any other lights if they are likely to be mistaken for the lights prescribed in paragraph (1) of this Rule. Rule 23 Simulated An aircraft shall not he flown imder simulated instru- instrument flights ment flight conditions unless- (a) full functioning dual controls are installed in the aircraft; and (h) a competent pilot occupies a control seat. to act as safety pilot, for the person ~v1io is flying under simulated instrument conditions. The safety pilot shall have adequate vision forward and to each side of the aircraft, or a competent observer in communi- cation with the safety pilot, shall occupy a position in the aircraft from which this field of vision ade- quately supplements that of the safety pilot. Rule 24 Opt on An aircraft operated on or in the vicinity of an aero- vicinity of an drome shall- aerodrome (a) observe other aerodrome traffic for the pur- pose of avoiding collision; (b) conform with or avoid the pattern of traffic formed by other aircraft in operation: (c) make all turns to the left, when approaching for a landing and after taking off, unless otherwise instructed: and (d) subject to Rule 30, land and take off into the wind unless safety or air traffic considerations de- termine that a different direction is preferable. Ru1e25 Water (1) Aircraft in flight near the surface of the water operations shall, in so far as possible, keep clear of all vessels and avoid impeding their navigation. (2) Notwithstanding anything in these Rules an air- craft operated on the water shall comply with the special rules adopted in Annex 2 of the Chicago Convention re- lating to water operation and where applicable, the In- ternational Regulations for Preventing Collisions at Sea. Divi8io1~t 3 INFORMATION ON FLIGHTS Rule 26 Flight plans (1) Prior to take off from any point within or prior to entering a control area or control zone, and prior to commencing a. flight over such routes as the Minister de- PAGENO="0293" AIR LAWS AND TREATIES OF THE WORLD 1695 termines, the pilot-in-command shall submit a flight plan to the appropriate unit of the air traffic control service. (2) The flight plan shall be in a form approved by the Minister and shall contain such particulars as the Min- ister requires. (3) The pilot-in-command shall not deviate from a flight plan submitted under this Rule without inform- ing the air traffic control service as soon as practicable. Rule 27 17Vhere a flight plan has been submitted in respect. of ~ a flight the pilot-in-command shall report the arrival of the aircraft to the air traffic control service at the earliest practicable moment after completion of the flight.. Divi~siom 4 SIGNALS Rule 28 (1) Signals used for the following purposes- Signals (a) to indicate distress or urgency or that an air- craft is about to transmit a message concerning the safety of navigation or give important meteorologi- cal warnings; (b) visual signals to warn an aircraft that it. is in the vicinity of a restricted, prohibited or danger area; (c) light signals directed at a particular aircraft; (d) ground signals for the control of aerodrome traffic; and (e) marshalling signals from a signalman to an aircraft on the movement area shall take the forms and shall have the meanings speci- fied in Appendix A of Annex 2 to the Chicago Conven- tion, and a pilot-in-command upon observing or re.ceiv- in~ any such signal shall take such action as may be re- quired by the interpretation of that signal given in that Appendix. (2) The signals specified in Appendix A of Annex 2 to the. Chicago Convention shall be used only for the purpose indicated in that Xppeiidix and no other signals likely to be confused with them shall be used. Divi$ion5 AIR TRAFFIC CONTROL SERVICE Rule 29 (1) The pilot-in-command of an aircraft shall be re- sponsible for compliance with a~r traffic control instruc- structions and tions and air traffic control clearances, clearances PAGENO="0294" 1696 AIR LAWS AND TREATIES OF THE WORLD (2) Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted, if requested by the ap- propriate air traffic control unit. Rule ~0 When an aerodrome control tower is in operation at an traffic aerodrome, an aircraft forming part of the aerodrome traffic shall- (a) maintain a continuous listening wat.ch on the appropriate radio frequency of the aerodrorne con- tiol tower. unless under approach control service furnished by another unit. of the air traffic control service, or if this is not possible, keep a watch for such instructions as may be issued by visual signals, a id (b) obtain, either by radio or by visual signals, prior authorisation for any manoeuvre preparatory to or associated with taxying, landing or take-off. P~RT I\ Visu~u~ FIJGIIT RIJLES Rule 31 VFR flights in . cOntrOlle(1 (1) W hen an aircraft is flown in controlled airspace, airspace the requirements of VFR flight shall be as follows- (a) the. aircraft. shall be. flown with not less than three miles (5 kilometres) flight visibility; and (b) the aircraft shall not be flown within a dis- taiice of 2,000 feet (600 metres) horizontally and 500 feet. (150 metres) vertically from any cloud. (2) Notwithstanding paragraph (1) or this Rule a VFR flight shall not be conducted within a control zone if the ground visibility is less than three miles (5 kilome- tres) or if the ceiling is less than 1,000 feet (300 metres) at the aerociroines concerned, except with the approval of the appropriate unit of the air traffic control service. Rule 32 ~ W~hen an aircraft is flown outside controlled airspace trolled airspace the requirements of VFR flu gut shall be- (a) if the aircraft is at a height of 700 feet (200 metres) or more from ground or water-the require- ments prescribed in paragraph (1) of Rule 31 in respect of VFR flights in controlled airspace; or (b) if the aircraft. is at a. height of less than 700 feet. (200 metres) from ground or water-not less titan one mile (1.5 kilornet.res) flight visibility a.nd clear of all clouds. PAGENO="0295" AIR LAWS ~i~D TREATIES OF THE WORLD 1697 PART \ INSTRUMENT FLIGhT RULES Rule 33 (1) An aircraft shall not engage in an IFR flight Un- IFR flight less it is equipped with such instruineiits and radio ap- paratus appropriate to the ronte to be flown as the Min- ister requires and approves. (~) Except when necessary for take-off or landing. or with the express approval of the air tiallic control service, an aircraft. which is unable to comply with the visual flight rules PIescril)ed in Part. IV of these Rules shall be. flown at a height of at least l,00() feet (300 metres) above the highest obstac.le.-loca.tecl within five iid]es (S kiloine- tres) of the estimated position of the aircraft. iii flight. Rule 34 Except. when climbino or descending. an aircraft en- TEE flight outside con- gaged in an IFR flight outside controlled airspace shall trolled airspace be flown at. a cruising level appropriate to its magnetic track as specifled in the follow-lug table Magnetic track Cruising let'el 004)~-0S9~ (inclusive) OrId thousands of feet OD0~-1T9~ 0(1(1 thousanis, plus oOO feet 180~-269° Even thousaiids of feet 27O~-359~ Even thousands, plus 500 feet Rule. 35 (1) Prior to operating an IFR flight or a portion of an IFR flight. in controlled airspace. the pilot-~n-com- trolled airspace mand shall obtain an air traffic control clearance. (~) The. ilot-in-corninand shall be responsible for compliance with the requirements of the air traffic con- trol clearance and unless an emergency arises which ne- cessi t ates immecli ate act ion, sha.l I not deviate therefrom except in accordance with the prior approval of the air traffic control service. Rule 36 The pilot-in-command of an aircraft flying in a control Chance from area or a control zone shall not cancel his IFR flight plan ~ VFR unless he is able, and intends, to continue his flight in uninterrupted VFR weather conditions. Rule 37 The pilot-in-command of an aircraft. flying within controlled airspace shall be responsible for ensuring that a continuous listening watch is maintained on the appro- priate radio frequency and that. the time and altitude of PAGENO="0296" 1698 AIR LAWS AND TREATIES OF THE. WORLD passing each reporting point, together with any other required information, including meteorological observa- tionS, are reported by radio as soon as possible. to the ap- propriate unit of the air traffic control service. Rule 38 Communication failure If a radio failure precludes compliance with Rule 37 the aircraft shall- (a) if in \TFR weather conditions continue to fly in those conditions and land at the most suitable aerodrome; or (b) if in IFR. weather conditions or when weather conditions are such that it is unlikely that the flight can be completed in VFR weather condi- tions- (i) l)roceed according to the current flight plan, maintaining the last. acknowledged as- signed cruising level for the portion of the route which has received clearance and thereafter at the cruising level indicated in the current flight plan: (ii) arrange the flight so as to arrive as closely as possible to the estimated time of ar- rival; and (iii) commence the descent as closely as pos- sible to the expected approach time last received and acknowledged, or if no approach time has been received and acknowledged, as nearly as possible to the estimated time of arrival speci- fied in the flight plan. PAGENO="0297" LUXEMBOURG LAW OF JANUARY 31, 1948, C0NcrIiNING REGULATION OF AIR NAVIGATION 1 CHAFFER I-GENERAL PROVISIONS Art. 1. For the application of this law aircraft shall be deemed all machmes capable of flying in the atmosphere by the reaction of the air. Aircraft of the State [shall be deemed] military aircraft or aircraft used in the services of the State, such as police, customs, etc. Private aircraft [shall be deemed] all aircraft other than aircraft of the State. Operator of an aircraft [shall be deemed] any person who has the power of disposition over it~ and who uses it on his own account; in case the name of the operator is not registered in the aviation register or on any other official docwnent, the owner shall be presumed to be the operator unless there is proof to the contrary. A captain [shall be deemed] auy person who is given that authority by the operator or, in his absence, the pilot. An airdrome [shall be deemed] 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 landing and take-off of aircraft. Except as otherwise stated, the provisions of this law shall apply only to private aircraft. Art. 2. Navigation of national aircraft over tile territory of the Grand Ducliy shall be free, except for the restrictions imposed by this law and those imposed by Grand Ducal decree. Art. 3. Navigation of foreign aircraft over the territory of the Grand Duchy shall be subject to authorization by the Minister of Transportation. 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 Grand Duchy shall be subject to authorization by the Minister of the Armed Forces. Art. 4. The flight over all or part of the territory of the Grand Duchy may be prohibited by Grand Ducal decree both to national and foreign aircraft. Any captain who violates the provisions of tile preceding paragraph must land on the nearest Luxembourg customs airdrome or on such air- drome as may be designated. When he notices that he is flying over a prohibited area, he must give distress signals and land immediately. `Published in Memorial, January 31, 1948, p. 191, Recueil des Lois, etc., 1948, p. 22. 1699 PAGENO="0298" 1700 AIR LAWS A~D TREATIES OF THE WORLD If he does not notice it, he must land as soon as he is requested to do so. Ait. 5. Grand Ducal decrees winch, in unusual circumstances, ~nay prohibit flight of aircraft. over certain areas of the territory or which may pron~~~ for other urgent action for immediate application, shall determine the manner of pub1icatiom~ such as radio broadcast or posting Of notices at. airdromes by which, in view of the urgency involved, the parties concerned are notified. A it. 6. When a route is pies1ibeT for aircraft flying over the tern- tory of the Grand T)uc.In- without a plannedT landing, such aircraft must follow the prescribed route and, if they are under a duty to do so, they must. give recognition signals when pSmg over points designated for that. ~ ~If they ie.ceive such order, they must land on the nearest customs ajrdrome. A it. 7. Grand I)uc.a I decrees shall provide, for all regulat ions con- cerning air navigation and 1)articularly those regarding aircraft., their flight. persomìiie]. air navigation and air traffic, public property and services estmibiishecl for such navhtatioii and traffic. prescribed fees, taxes, levies or (tiles to \vhic.II the misc. of such public property and serv- ices is subject. It shall be. unlawful in any ease t.o collect an amount of more than 50,000 francs. A i't. ~. Registration of an aircraft. operated in conformity with the regulations issued in application of this law shall confer on it. Luxem- bourg nationality. Ait. 9. Births, deaths or disappearances that occur on hoard a Lux- embour~ aircraft, in flight shall be (Teemed to occur on the. territory of the Grand Duchv. Formalities regarding time official recorciation of births, deaths and disappearances as well as their notification to the Luxembourg authori- ties shall be established by a Grand I)ucal decree. Ait. 10. All legal provisions concerning import, export and transit shipments of goods by land and water shall apply to entering, leaving and transit by air. Hegulations specially adapted to air traffic may be issued by Grand Dueal decree. Aircraft used for a. temporary stay on the telTitory of the. Grand Duchiv may be adniitted on a temporary duty-free licence while the conditions thereof are being determined by the Minister of Finance. Tue latter shall also determine the. conditions under which aircraft used for trips abroad may be re-imported free of duty. Ait. 11. Legal relationships between persons aboard an aircraft in flight, shall be deemed to have been esta'hhsimed 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 Luxembourg courts have jurisdiction, the court of the place of landing shall have, venue. CHAPTER 11-CRIMINAL PROVISIONS Aif. 1~?. The following shall be punished by imprisonment of from one day to seven days and by a fine of from 50 to 500 francs, or by only one of these penalties (1) An captain who undertakes a flight without. having aboard the doctunents prescribed by the regulations; PAGENO="0299" AIR LAWS AND TREATIES OF THE WORLD 1701 (2) Any captain who violates the regulations concerning the keeping of flight logs or other documents concerning tile aircraft; (3) Any operator of an aircraft who, on demand by the com- petent authorities, does not produce. the. flight logs and documents concerning the engines and equipment of an aircraft during the period of time prescribed for the presei'~~itioi~ of such documents. Art. 13. %Vhoever transports aboard an aircraft photographic or motion picture equipment. or makes use of such equipnient, in violation of the regulations, orders or instructions lawfully given by the com- petent officials, shall be punished by the. penalties provided for in the preceding article. Such photographic and motion picture equipment shall be confiscated. A it. 14. Whoever enters or moves about on an airdrome or an area of an airdrome not open to the public or who uses, without authoriza- tion, an airdrome. for purposes for which it. is not intended, shall be punished by imprisonment of from one day to seven days and by a. fine of from 50 to 500 francs, or by only one of these penalties. 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, the imprison- ment shall be from eight days to one year and the fine from 501 to 10,000 francs. Art 15. The following shall be punished by imprisonment of from eight. days to one year and by a fine of from 501 to 10,000 francs, or by oni one of these penalties: (1) Any captain who lands on or takes off from an airdrome without. 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 certifi~cate of airworthiness, or whose license or certificate of airworthiness has expired; (3) Any captain who, without obtaining the necessary authori- za tions, uses an ai rcra ft for commercial transport a ti on of persons or goods, or for aerial work such as flight instruction, photog- raphy, pubi ic.itv or propaganda. Any operator who knowingly I)elmits such take-off or landing shall be punished by the. same penalties. If there was a passenger on board, the maximum imprisonment shall he mcre.ased to three rears and the maximum fine to 30,000 francs. The penalty of imprisonment shall always be imposed. A it. 1(]. Whoever fraudulently destroys the. flight logs or documents or any other document concerning an aircraft. before the expira.tion of the validity of the documents or of the period during which they must be preserved, shall be punished by imprisonment of from eight days t.o one yea.r and by a fine of from 501 to 10,000 francs, or by only one of these penalties. A it. 17. Any captain of an aircraft. in flight which does not bear the distinctive, marks assigned to it, shall be punished liv imprisonment of from eight days to one month and by a line of from 501 t.o 10,000 francs, or by only one of these penalties. Wilen the act is unintentional it. shall he. punished by a fine only. Any captain who knowingly alters or disguises the distinctive, marks assigned to an aircraft or who uses an aircraf whose distinctive marks PAGENO="0300" 1702 AIR LAWS AND TREATIES OF THE WORLD have been altered or disguised, shall be punished by imprisonment of from three months to five years a.nd by a fine of 1,000 to 30,000 francs. The operator of an aircraft. who knowingly permits such take-off, shall he punished by the same penalties. Art. 18. Whoever pilots an aircraft without possessing the warrants and licenses of qualification required by the laws and regulations, shall he punished by imprisonment of from eight. days to one year and by a fine of from 501 to 10,000 francs, or by only one of these penalties. If at the. time when the unlawful act was committed, there was a passenger aboard the aircraft, the imprisonment shall not be less than fifteen days and the fine not less than 3,000 francs. Whoever, in any manner, aids or abets the unlawful act. stated in the preceding paragraphs, shall he punished by the same penalties. Art. 19. Whoever, without authorization from the operator, uses an aircraft or attempts to use it, shall be punished by a fine of from 501 to 10.000 francs and by imprisonment of from eight. days to five years. Art. 20. Any captain who pilots an aircraft despite the withdrawal of his license, shall be punished by imprisonment, of from fifteen days to one year and by a fine of from 1,000 to 10,000 francs, or by only one of these penalties. If, at. the time when the unlaw-ful act was committed there was a ~assenger aboard, the imprisonment, shall he not less than three months and the fine not less than 10,000 francs. The penalty of imprisonment shall always be imposed. Art. 21. Any captain who violates the pro\'isions of the decrees is- sue(l under Article -1 of this law shall he punished by imprisonment of from eight day to three years and by a fine of from 501 francs to 30.0O(~ francs, or by only one of these penalties. In case of escape or refusal to land he shall be sentenced to im- prisonment of from six months to five years and a fine of from 10,000 to 30,000 francs. Art. 22. Any captain who violates the regulations concerning lights and signals or flight of aircraft shall be punished by imprisonment of from eight days to one year and by a fine of from 1.000 to 10,000 francs, or by only one of these penalties. Art. 23. Any captain who loads or unloads passengers or cargo in violation of the. regulations shall he. punished by imprisonment of from eight. days to one year and by a fine of from 501 to 10,000 francs, or by only one of these pei~alties. Art. 24. Any captain who flies over an inhabited area or any other place. where there are people at the time of the flight, such as a beach, race track or stadium, at an altitude which is less than that specified in the regulations, shall be punished by imprisonment of from eight days to one. year and by a fine of from 501 to 10,000 francs, or by only one of these penalties. Art. 2's. The following shall be punished by the penalties provided for in the preceding article: (1) Any captain who needlessly makes a flight or executes a maneuver capable of endangering the persons aboard the air- craft or persons or property on the ground; (2) Any person who, without authorization, uses an aircraft to execute acrobatic or balancing exercises. PAGENO="0301" AIR LAWS A»=D TREATIES OF THE WORLD 1703 Art. 26. Any person who, above an inhabited area or above a part of an airdrome open to the public, executes flights involving dangerous turns or turns not necessary for the proper operation of the aircraft shall be punished by the same penalties. Art. 27. All persons who, without authorization, organize shows or exhibitions involving turns of aircraft, or dangerous maneuvers, or demonstrations or parachute jumping, or who participate in such shows, exhibitions or demonstrations, shall be punished by a fine of from 1,000 to 30,000 francs and by imprisonment of from eight days to one year, or by only one of these penalties. Art. 28. The following shall be punished by imprisonment of from eight days to one year and by a fine of from 501 to 10,000 francs, or by only one of these penalties: (1) Any person who is found aboard an aircraft, without being able to justify his presence by a regular ticket or by the consent of the operator or the captain; (2) Any person who does not comply, or who refuses to com- ply with the instructions of the captain or his representative in regard to the safety of the aircraft or of the persons transported; (3) Any person who enters an aircraft in a state of drunken- ness or under the influence of narcotics, or who gets himself into such state during the flight. In the case of repetition within a period of five years, the penalty of imprisonment shall always be imposed. Art. 29. Any person who throws or drops an article capable of causing damage to another from an aircraft in flight shall be punished by a fine of from 1,000 to 10,000 francs. Art. 30. Any person who, without authorization, transports by air- craft or loads on an aircraft with a view to transportation, anTununi- tion or war material, or any other article or matter whose transporta- tion by air is prohibited or subject to restrictions by law, regulation, or instruction, shall be punished by imprisonment of from eight days to one year and by a fine or from 1,000 to 10,000 francs, or by only one of these penalties. Art. 31. Any person who intentionally impairs the airworthiness and flight safety of an aircraft shall be punished by confinement. When the person commiting the act has caused bodily injury he shall be sentenced to forced labor of from 10 to 15 years. When such bodily injuries lead to an apparently incurable illness, or to permanent inability to work, or to complete loss of the use of any organ, or to serious mutilation, the penalty shall be forced labor of from 15 to 20 years. When the act causes the death of a person, the person committing the act shall be punished by death. Art. 32. Any person who, without intent or for lack of foresight or precaution, commits an act capable of endangering persons aboard an aircraft shall be punished by imprisonment of from eight days to six months and by a fine of from 501 to 3,000 francs, or by only one of these penalties. When the accident results in bodily injuries, the person committing the act shall be punished by imprisonment of from one month to three years and by a fine of from 501 to 10,000 francs. PAGENO="0302" 1704 AIR LAWS AND TREATIES OF THE WORLD When the accident causes a death, the. imprisonment shall be from six months to five years and the fine from 1,000 to 10,000 francs. A it. 33. Violations of Grand Ducal decrees issued in application of this law shall be punished by imprisonment of not more than one year and by a fine, of not more than 10,000 francs, or by only one of these penalties. Violations of decisions of the Minister of Transport may be punished by imprisonment of from one day to seven days and by a fine of from 50 to 500 francs, or by only one of these penalties. Art. 34. Any person who has been sentenced for a violation specified in this law or in the decrees issued in application thereof, and who commits a further violation of these laws or decrees within a period of five years from the (lay when he has suffered or been sentenced to the penalty, may be sentenced to a penalty which is twice the maximum specified for the violation. A it. 3.~. All provisions of Book I of the Criminal Code shall apply to viohitions specified in this law and in the decrees issued in applica- tion thereof. ilowever, in the case of a. crime, the court may decide whether Article 43 of the Criminal Code should apply. A it. 36. The penalties provided for in this law may be imposed without thereby affecting the application of penalties provided for in other criminal or fiscal laws. They may further be imposed without thereby affecting adminis- trative or disciplinary penalties and damages, if any. Art. 37. Violations committed aboard a Luxembourg aircraft in flight shall be deemed to have been committed in the Grand Duchy and may be prosecuted therein even if the accused cannot be found in the territory of the Grand Ducliy. Jurisdiction to prosecute such violations and violations provided for in this law and the decrees issued in ap~)lica.tiOn thereof, shall be in the State's attorney or the prosecutor of the. police court at the place where the violation was committed, that of the residence of the ac- cused~ that of the place where lie may be found and, in their absence, that at Luxembourg. Articles 5, 6 and 7 of the Code of Criminal Procedure, as amended by the Law of January 18, 18~9 and the Grand Ducal decree of May 25, 1944, shall apply to violations committed aboard a foreign aircraft in flight as if the act had l)een committed outside the territory of the Grand Duc.hy. 1-Towever. a person guilty of a felony or crime com- mitted aboard a foreign aircraft in flight may be prosecuted in the Grand Duchy if lie or the injured person has Luxembourg nationality or when the aircraft lands in the Grand Duchy after the viola.tion. Jurisdiction to prosecute violat.ions specified in the preceding para- graph shall be in the State's attorney at the place of residence of the accused, that. of the. place where the accused may be found, that of the place of landing and, in their absence, the State's attorney of Luxem- bourg. C J.J~p'f~ Ill-POLICE PROVISIONS Art. 38. Any aircraft whose flight papers as prescribed by the reg- ulations are not. produced or whose. registration markings do not agree with those of the registration certificate may be detained at the expense PAGENO="0303" AIR LAWS AND TREATIES OF THE WORLD 1705 and the risk of the operator by the authorities in charge of supervising and policing air navigation until the identity of the aircraft or the operator is determined. Any aircraft which does not satisfy the regulations on airworthiness or for which the regulation taxes, fees, dues, or charges have not been paid, may also be detained under the conditions specified in the regula- tions have been satisfied. Art. 39. Felonies, crimes and misdemeanors specified in this law shall be recorded in official statements drawn up jointly by the officials of the judicial police and the officials of supervision over aviation designated by the Government. The officials of supervision designated by the Government shall swear the following oath before the district court at. their residence: "I swear loyalty to the Grand Duke, obedience to the Constitution and the laws of the Land-I promise faithfully to fulfill my duties with integrity, care, and impartiality, and to serve well and faithfully the interests of the Grand Duke and of the country. So help me God." Swearing of the oath shall be recorded and transmitted to the clerk of the two district courts. Art. 40. The sworn officials shall determine and record in official statements all violations committed on airdromes and installations thereof, and aboard aircraft as well as violation of the laws and regula- tions concerning air navigation. Such statements shall be prima facie evidence unless there is proof to the contrary and shall be transmitted without delay to the States attorney or to the prosecutor at. the police court of jurisdiction. The jurisdiction of such sworn officials shall extend throughout the Grand Duchy. We enjoin and order that this law be published in the M~morial to be applied and observed by all pelsons concerned. OrHER LEGIsr~~]~Iox IX IUIftE Grand Ducal Decree of J[ay 4, 1P41). regulating temporary certificates of competency and licenses for pilots of civil aircraft (JIêinoriai, No. 20, 1949, p. 415). Amended by: Grand Ducal Decree of August 24, 1956 (Méinovia7, No. 46, 1956, p.1015). Grand Ducal Decree of June 11, 1951 regulating air navigation (Memorial, No. 41, 1951, p. 974). Grand Ducal Decree of May 22, 1951, concerning landing taxes in Luxembourg airdrome (Memorial, No. 34, 1951, p. 829). Amendedby: Grand Ducal Decree of July 29, 1957 (Memorial Xo. 48, 1957, p. 1079). Grand Ducal Decree of February 9, 1955, concernilig custom duties for flights (1JICmorial, No. 9, 1955, p. 233). PAGENO="0304" PAGENO="0305" MALAGASY The following special air laws are in effect in the Republic of Malagasy: 1. Decree 60-474, November 30, 1960, specifying conditions under which aircraft of certain types may land and take off at places other than on airdromes, and take-off conditions for aircraft which make an emergency landing outside an airdrome (Journal Officiel, Jan. 10, 1960). 2. Decree 61-008, January 11, 1961, concerning conditions of estab- lishment, operation, use, and control of airdromes (Journal Officiel, Jan. 21, 1961). 3. Decree 62-191, May 2, 1962, concerning classification and purpose of airdromes open to public air traffic (Journal Officiel, May 12, 1962). 4. Decree 62-501, October 5, 1962, concerning the aircraft register.. 5. Decree 62-064, January 30, 1962, concerning licenses and qualifica- tions of flight personnel of civil aircraft (Journal Officiel, Feb. 9, 1963). 6. Decree 63-130, February 27, 1963, specifying the powers of th~ flight commander of civil aircraft. 1707 39-737-65-yol. II-20 PAGENO="0306" PAGENO="0307" MALAYSIA* 1. Air Navigation Ordinance, 1952 (Federation of Malaya. Ordi- nance No. 84 of 1952). 2. Air Navigation Aids (Control of Obstruction) Act, 1962 (Fed- eration of Malaya Act No. 30 of 1962). 3. Air Navigation Order, 1953 (Federal Legislative Supplement LN. 583/1953). 4. Air Navigation (Wreck and Salvage) Regulations 1953 (Federal Legislative Supplement LN. 586/1953). 5. Air Navigation (Investigation of Accidents) Regulations, 1953 (Federal Legislative Supplement LN. 584/1953). 6. Air Navigation (Licensing of Air Services) Regulations 1953 (Federal Legislative Supplemeiit LN. 585/1953). 7. Air Navigation (General) Regulations, 1953 (Federal Legislative Supplement LN. 587/1953). 8. Air Navigation (Radio) Regulations, 1953 (Federal Legislative Supplement. LN. 588/1953). 9. Landing and Housing Fees Regulations, 1953 (Federal Legis- lative Supplement LN. 589/1953). 10. Air Navigation (Borneo States) (Restrict.ion) Order, 1964 (Federal Legislative Supplement LN. 58/1964). 11. Air Navigation (States of Malaya and Singapore) (Restric- tion) Order, 1964 (Federal Legislative Supplement LN. 287/1964). *Letter of Jan. 23, 1965, from Attorney General of Malaysia contained following information. 1709 PAGENO="0308" PAGENO="0309" MALI PresumaNy, Mail has not yet passed any civil aviation law of its ~wn~ but still applies the French Air Code. 1711 PAGENO="0310" PAGENO="0311" MAURETANIA PRELTMrNARY The Minister of Transportation submitted to the Council a draft decree for the implementation of the Code of Civil Aviation, Law 62-137, a translation of which is reproduced below. This implement- ing decree will contain detailed provisions on all aspects of civil avia- tion. The draft consists of two parts: 1. air navigation; 2. air services, i.e., transportation, air work, tourism, and sports. Both parts are divided into titles which, in turn, are subdivided into chapters. The titles are as follows: First part.: Title I-Aircraft Title IT-Flight, personnel Title Ill-Airdromes Title TV-Services of aid to air navigation Title V-Technical flight. conditions and rules Title VT-Investigation of aviation accidents Second part: Title I-Definitions and general rules Title TI-Public air carriers Title Ill-Air work Title TV-Private air services Title V-Aviation clubs and schools Title VT-Taxes and fees Title Vu-Liability Title VTII-Fina.l provisions This decree ha~s been drafted as to conform to the general desire to unify the rules on air transport in Africa, expressed in the Treaty con- cerning air transportation in Africa, signed at Yaount~ on March 28, 1961. Uniformity of rules among the African States in the aviation field was also a consideration in signing the Convention concerning creation of an Agency for Flight~ Safety in Africa and Madagascar (ASECNA), signed at St. Louis dii S~négal, on December 12, 1959. LAW iso. 62S-l3~. ~F .TFLY 3, 1962, CONSTITrTING TI-IE CODE OF CIVIL AVIATION TITLE 1 GENERAL PROVISIONS Art. 1. Sovereignty The Islamic. Republic of Mauretania has complete and exclusive sovereignty over all the space. above, its territory. The Government. of the Islamic Republic. of Mauretania exercises its jurisdiction over the space above it.s territory in accordance with its constitution and with the laws and decrees of the Republic., as well as with international agreements ratified by the Republic. 1713 PAGENO="0312" 1714 AIR LAWS AND TREATIES OF THE WORLD Any civil aircraft whic.h flies over the national territory, and its crew, passengers and cargo shall be subject to the jurisdiction and orders of the Mauretanian authorities. Art. 2* Implementing regulations Regulations concerning air navigation and air services shall be issued by decree in accordance with the general principles established in the articles set forth below. Art. 3. Aircraft 1) With the exception of military aircraft, all Mauretanian air- craft must be reoistered in the register and must have a certificate of airworthiness. ~hey must bear markings in accordance with inter- national rules. ~) Aircraft specified in paragraph 1) shall be subject to mortgage, sale and attachment.. Art. 4. Flight personnel All members of the flight personnel who exercise technical functions must hold valid licenses and certificates. Art. ~. Airdromes In general. aircraft. may land only on an airdrome of the State, or on a licensed or authorized airdrome. Art. 6. Aerial servitudes Aerial servitudes may be imposed in the immediate vicinity of aero- nautical installations in order to protect. air navigation. Art. 7. Fees Fees may be levied for registration and inspection of aircraft for airwort.hiness~ in connection with examinations of the flight personnel, and for use. of airdromes and aids to navigation. Art.8. Flight rules Flight conditions and rules shall be established or modified in ac- cordance with international rules and shall be published in aviation information bulletins and notices to air navigators. Art. 9. Investigations Any aircraft accident which occurs in Mauretania shall be investi- gated by the Civil Aviation Service. Art. 10. Air services Air services shall include, transportation, air work, and private air services. Art. 11. Authorization for air transport. and air work No person may undertake any air activity for pay, whether it is transportation or air work, without holding an authorization from the Minister of Transportation. The granting and continued validity of such authorization shall he subject to the regulations in regard to technical operating condit ions. A et. 12. Civil liability Rules of civil liability shall be established in accordance with in- ternational convent ions in effect. in Mauretama. PAGENO="0313" AIR LAWS AND TREATIES OF THE WORLD 1715 TITLE II. CRiMINAL PROVISIONS Art. 13. Criminal liability Violations of the provisions of this law and implementing regula- tions shall be punished in accordance with the following articles. Art. 14. Violations by owne.rs or operators 1) There shall be punished by a fine of from 60,000 to 1,200,000 francs or by imprisonment of from six days to one month or by both penalties, the. owner of an aircraft who- a) puts or leaves in service an aircraft without identification marks; b) puts or leaves in service any aircraft without registration or airworthiness certificate, or with an airworthiness certificate which is no longer valid; any refusal to issue an airworthiness certificate by the competent a.uthority shall be notified in writing to the person concerned and such notification shall establish a presumption of negligence against him. 2) There shall be punished by a fine of from 60,000 to 1,200,000 francs, the owner of a Mauretanian aircra.ft who causes such aircraft to be registered in a foreign register without having requested the Civil Aviation Service to strike it from the Mauretanian register. Art. 15. Violations by a flight commander 1) There shall be punished by a fine of from 60,000 to 1,200,000 francs or by imprisonment of from six days to one month, or by both penalties, any flight commander who- a) flies an aircraft without. registration and airworthiness cer- tificates, or with an airworthiness certificate which is no longer valid; b) flies an aircraft wit.hout registration marks; c) flies an aircraft without a valid Mauretanian license or a. foreign license validated in Mauretania, and the same penalty may be imposed on any member of the flight personnel for a similar violation; d) flies over prohibited or restricted areas in violation of the provisions of the Code of Civil Aviation; e) lands outside an airdrome in violation of the provisions of the Code of Civil Aviation; f) destroys flight logs or makes incorrect, notations therein. 2) There shall be punished by a fine of from 120,000 to 600,000 francs, any flight commander who- a) flies an aircraft while in a condition of drunkenness, and the same penalty may be imposed on any member of the flight personnel; b) begins a flight without having ascertained that all required safety conditions are met; c) disobeys the instructions of the flight control service.s, except in cases where they would inevitably lead to an accident.; d) executes acrobatic or buzzing flight without. authorization;~ e) throws or drops from an aircraft any objects or substances, without such action being necessary; f) transports without authorization, munitions, war materiel, or ot.her dangerous articles; PAGENO="0314" 1716 AIR LAWS AND TREATIES OF THE WORLD g) violates the provisions concerning the taking of photographs Or fliot ion l)ictTlres Ii) lands without reason, while on an international flight, on an airdrome which is not. open to international traffic: 1) refuses without reason to participate in search and salvage operations; ne~iects to ~ive immediate notice of an accident. Art. 16. Additional penalty The fine against the owner of an aircraft who puts or leaves itin service without valid registration certificate or airworthiness certifi- cate. or against a pilot who flies an aircraft without valid license, may be raised up to 2,400,000 francs aiid the imprisonment up to two months, when the violations are committed subsequent to refusal or withdrawal of the registration or airworthiness certificate or a license. Art. 17. Registrat.ion marks Any owner. operator. or pilot who affixes or causes to be affixed to an aircraft. any registration marks which do not conform to those on the registration certificate, or who removes or causes to be removed, ren- ders or causes to be rendered illegible any correct. marks that have been affixed, shall be punished by a fine of from 120,000 to 2,400,000 francs and by imprisonment of from six months to three years. There shall be punished by the same penalties any person who affixes or causes to be affixed on a private aircraft. the markings reserved to aircraft of the State. or who use an aircraft bearing such markings. Art. 18. Violations by public carriers There shall be. punished by a. fine of froni 120,000 to 1,800,000 francs: 1 ) any pul.)hic carrier, scheduled or non-scheduled, who- without good cause refuses the public access to its transport services; defaults on the duties prescribed in the operating license or au- tliorization. when, in the opinion of the Director of Civil Aviation, such de.fai.ilt (Toes not call for revocation of the license or author- ization; (Toes not provide, in the manner required by the regulations, for maintenanc.e of his aircraft, flight instruments and other necessary equipment to assure safety of operation: doe.s not follow the routes and use the airdromes specified on the ope.rating permit. 2) Any scheduled public carrier who operates in violation of the flight, rates, routes, number and times of flights, approved by the Civil Aviation Service. 3) Any non-scheduled public carrier who- announces flight schedules or routes; announces flights according to a certain schedule; set.s flight or cargo rates which may constitute unfair competi- tion with scheduled services; periodically makes flights between points served by a scheduled carrier, on certain (lays of the week, and with a frequency which represents a series of scheduled flights. PAGENO="0315" AIR LAWS AND TREATIES OF THE WORLD 1717 Art. 19. Violations by enterprises for air work There shall be punished by a fine of from 120,000 to 1,800,000 francs any enterprise for air work which- defaults on the duties prescribed in the operating authorization when, in t.he opinion of the Chief of the Civil Aviation Service, such default does not call for revocation of the authorization; does not provide, in the manner prescribed by the regulations, for maintenance of its aircraft, flight instruments, and other equipment necessary to assure safety of operation. Art. 20. Agreements between air carriers There shaH be punished by a fine of from 120,000 to 1,800,000 francs any scheduled or non-scheduled public carrier who does not submit for the approval of the Minister of Transportation such agreements as he may conclude with other carrie.rs or who, after approval, modifies the terms of such agreements. Art. 21. Foreign carriers There shall be punished by a. fine of from 120,000 to 1,800,000 francs any foreign international air carrier who, during a flight of transit only, unloads or loads on Mauretanian territory passengers or cargo or who, without express authorization, provides domestic services. Art. 22. Ground personnel 1) There~ shall be punished by a fine of from 6.000 to 600,000 francs, any member of the technical aeronautical personnel who, by act or omission, endangers the safety of aircraft, airdromes, and other in- stallations for air navigation. 2) There shaH be punished by a fine of from 60,000 to 1,200,000 francs or by imprisonment, of from six days to one month, or by both penalties, any flight controller who exercises the privileges of his license when it is no longer valid. Art. ~3. Interference with telecommunications There shall be punished by a fine of from 30.000 to 600,000 francs, any person who interferes with, or hinders aviation radio communi- cations in any manner whatsoever. Art. 24. Suspension of license 1) The prohibition to fly any aircraft may be imposed by judg- ment or ordinance for a duration of from three months to three years on any pilot guilty of a violation. 2) When a pilot has been convicted before for any of the same vio- lations, within a period of five years after the first conviction has be- come final the prohibition to fly an aircraft~ shall be imposed for a term of three years. and it may be doubled. 3) During the term of the prohibition, the licenses shaH remain in the custody of the clerk of the court which has pronounced the sen- tence, where they must be deported within five days from the date on which the sentence becomes final, otherwise the convicted persons shall be punished by imprisonment of from six days to one month and by a fine of from 6,000 to 120,000 francs, without thereby affecting the penalties provided for in the case that they fly an aircraft during the time of prohibition. PAGENO="0316" 1718 AIR LAWS AND TREATIES OF THE WORLD Art. 2~. Aerial servitude.s 1) Violations of the provisions of the Code of Givil Aviation and of the ordinances issued by the Minister of Transportation concerning aerial se.rvit.udes. of restrictions, and of beacons shall be punished by a fine of from 30,000 to 90,000 francs. 2) In case of repetition. violations shall be punished by a fine ~f from 60.000 t.o 180.000 francs or by imprisonment of from six days to three months, or by both penalties. 3) A time period for the. removal or modification of structures af- fected with a. servitude or for providing beacons thereon may be set by the court of jurisdiction upon request of the Minister of Transporta- tion under penalty of a fine of from 600 to 6,000 francs for each day of delay. 4) When, at the expiration of the time period the situation has not been remedied, the Minister of Transportation may have the work done. e~r offic~ at the. expense and the risk of the persons responsible the.re.for. Ait. 26. Presence on airdromes Whoever is present or enters on any area prohibited by the Code of Civil Aviation or on the areas of airdromes affected with a public service, or permits the presence or entering of cars, cattle or draft, carrying, or riding animals, shall be punishable by a fine ~f from 3,000 to 6,000 francs and further, may be deprived of all rights to compensa- tion in the case of an accident. Art. 27. Je.tt.isoning Any voluntary and unnecessary jettisoning of articles or substances liable to cause damage to persons and property on the grDimd, shall be prohibited aboard aircraft in flight, and and shall be punished by a fine of from 60.1)00 to 420,000 francs, or imprisonment of from six days to two months, or by both penalties, even if such jettisoning has not caused any damage., and without thereby affecting more severe penal- ties which may be imposed in the case of a felony or crime. Art. 28. Customs violations 1) All provisions concerning violations of customs and State monop- oly regulations shall be applicable to articles imported of exported by airc.ra ft. 2) Attempted or actual offenses of unlawful importation or exp~r- tation outside a customs airport shall mean confiscation of the articles and of the means of transportation without thereby affecting a customs fine of from 12,000 to 24,000 franc.s, or an additional fine of an amount equal to six times t.he value of the articles and imprisonment of from one month to one year. 3) All unloading and jettisoning of unauthorized articles during flight except. ballast, and mail at designated places shall be punished by the fines provided for by the customs law on smuggling and shall be in- creased in accordance with paragraph 2 of t.his article. Art. 29. Temporary admittance and admittance in bond For articles exported or unloaded for temporary admittance or in bond, or subject to domestic taxes, the exporters shall justify their exportation by presentation, within specified periods, of a valid cus PAGENO="0317" AIR LAWS AND TREATIES OF THE WORLD 1719 toms certificate of destination under penalty of payment of four times the value of the articles. Art. 30. Right of seizure Officials of telecommunications lawfully qualified to enforce appli- cation of the laws and regulations regarding telecommunications by telegraph and telephone shall have the right to seize any radio-tele- phone or radiotelegraph apparatus which may be aboard without a special authorization. The officials enumerated in the following article shall also have the right to seize explosives, weapons, munitions, and other articles whose transportation without authorization is prohibit.ed. Confiscation of apparatus and articles lawfully seized shall be pro- nounced by the court which has jurisdiction over the violation. Art. 31. Reporting officials 1) In addition to the officers and officials of the judicial police, the following shall have the duty to report violations of the provisions of the Code of Civil Aviation: the engineers of the Civil Aviation service, the airdrome commanders, the officers of the Armed Forces in charge of air security, the customs officers empowered to make reports. 2) Upon completion the reports shall be sent to the court of juris- diction; they shall be prima fade evidence until the contrary is shown. Art. 32. Jurisdiction 1) The courts given jurisdiction by the law of June 17, 1961, shall have exclusive jurisdiction over violations of the provisions of the Code of Civil Aviation and of any implementing legislation. 2) The same rules as to jurisdiction shall apply to related viola- tions, whoever the person committing them may be, in regard to both criminal and civil liability. Art. 33. Transmittal of judgments Copies of judgments relating to violations in matters of aviation shall be transmitted by the courts of jurisdiction to the Civil Aviation Service. Art. 34. This law shall take effect as a State law. PAGENO="0318" PAGENO="0319" MEXICO DECREE AMENDING BOOK Foun OF TUE LAW OF GENERAL MEANS OF COMMUNICATION 1 The Congress of the United States of Mexico decrees: Article 1. Book Four of the Law of General Means of Communica- tions is hereby revised, and now reads as follows: BOOK FOTTR-AERONAUTICAL Co~rM~NIcATIoNs ChAPTER I-GENERAL PROVISIONS Article 306. The space above the Mexican territory shall be subject to national sovereignty. For the purpose.s of this Law, the term "Mexican territory" shall include the surface area of the United States of Mexico, territorial waters and adjacent islands in both Oceans, as well as the Island of Guadalupe and the Revillagigedo Islands in the Pacific Ocean. Article 307. Civil air navigation over Mexican territory shall be governed by the international treaties a.nd conventions which the Mexican Government has signed and ratified according to the Consti- tution, by this Law and its Regulations, and by all other laws and regulations which are applicable. Article 308. For the purposes of inspection, supervision and con- trol of civil air navigation, all civil aircraft in Mexican territory or which fly over it, as well as their crew, passengers and goods trans- ported shall be subject exclusively to the jurisdiction of the Federal Executive.. Article 309. The following shaH be subject to Mexican law: I. Events and legal act.s which occur on board Mexican aircraft in flight, whether above Mexican territory or over non-territorial seas, as well as those occurring on board Mexican aircraft in flight over foreign territory, unless they be of such nature that they affect the safety or public order of the respective foreign State. II. Criminal acts which occur on board any aircraft which is over foreign territory, whenever they produce effects or are intended t.o produce effects on Mexican territory. The provisions of the Civil Code for the Federal District, and Ter- ritories in regard to births and deaths on board a Mexican vessel shall be applicable to civil air navigation. Ai'tcle 310. The owner. I)ossessor or operator of ai icraft shall be jointly liable with the commander or pilot for any violation of this Law and its Regulations resulting from orders given by said owner, possessor or operator. 1 Published In Diario Oficial of January 23, 1950, p. 6; errata: DO., May 11, 1950. 1721 PAGENO="0320" 1722 AIR LAWS AND TREATIES OF THE WORLD CHAPYER Il-CLASSIFICATION, NATIONALITY AND REGISTER OF AIRCRAFT Article 311. For the purposes of this Law, "aircraft" shall be any vehicle which is capable of supporting itself in the air. Mexican aircraft shall be classified as State aircraft and civil air- craft. State aircraft shall be those owned by the Federal or State Governments and Municipalities or by local public organizations. All other aircraft shall be considered civil aircraft, whether engaged in public or private service. Civil aircraft used pernianently in the service of the State shall be considered State aircraft. Article 312. The nationality and register of civil aircraft shall be governed by the following provisions: I. Aircraft. shall have the nationality of the State where they are registered. II. No aircraft may have more t.han one registration. III. The formalities specified in this Law must be complied with to acquire, modify or cancel marks of nationality or registrations of Mexican aircraft. TV. Aircraft registered in another country may acquire Mexican register after their foreign registration has been cancelled. V. Aircraft shall acquire Mexican nationality by being registered in the Mexican Aeronautical Register and by obtaining a certificate of registration. VI. Regist.ra.tion of aircraft in the Mexican Aeronautical Register may be applied for by the owner t.hereof or by the person who holds title for him. Once an aircraft has been registered, the respective certificate of registration and of nationality shall be issued, to serve as identifica- tion and to prove registration. Article 313. Only Mexican citizens or Mexican entities having legal status may register in tile Mexican Aeronautical Regist.er aircraft to be used for public service of transportation or private services of aerial photography, aerial topography and others of an analogous nat.ure. Article 314. Cancellation of the registration of aircraft. in the Mexi- can Aeronautical Registe.r shall mean loss of its Mexican nationality. CHAFFER IH-MARKS OF NATIONALITY AND REGISTER Article 315. All civil aircraft must bear dist.inct.ive marks of na- t.iona.lity and registration. The marks of nationality for Mexican aircraft shall be the letters XA for public service planes; XB for private service planes; and XC for planes belonging to the Sta.te. The Secretariat of Communications shall assign to each aircraft its registration mark which, together with that of its nationality, shall appear oil the plane in the form and with the characteristics specified in the respect.ive Regulations. Mexican aircraft. used in international public service of transporta- tion must. bear tile national insignia, in the regulation form. PAGENO="0321" AIR LAWS AND TREATIES OF THE WORLD 1723 CHAFFER IV.-AIRWORTIIINESS Ar t~'cle 316. The Secretariat of Communications will issue a certifi- cate of airworthiness to show that the aircraft has passed the pre- scribe.d tests and technical checks t.o enable it. to fly under satisfactory technical conditions of safety. The obtaining, suspension and cancellation of the certificate of airworthiness shall be subject to the requirements set. forth in the Regulations. Article 317. Unless there be proof to the contrary, it shall be pre- siimed that. aircraft with a valid certificate. of airworthiness has taken off under flight. conditions which are t.e.cluiic.all satisfactory. Artie7e 318. Aircraft, engines and parts which are built., repaired or modified may be placed in service without t.he. approval of the Sec- retariat of Coimnunications, in accordance with the Regulations. CHAPTER V.-TECHNICAL AVIATION PERSONNEL Article 319. The technical aviation personnel shall be composed of t.he members of the flight crew and the ground personnel attached to the service of civil air navigation. In order to be. a meniber of the technjcal aviation personnel, it shall l)e necessary to hold a valid liconse to pei'thrin specific duties, such license having been granted or ecogmze(l Lv the. Secretariat of Coin- munications, which may recognize or validate, licenses issued abroad by the. competent a~ithoritie~, provide(l the i'equirenients under which they were issued or declared valid are at least equal to the minimum regu- lations in force iii Mexico for the granting of such licenses. Tl~e requirements as to age., nationality and good conduct for ob- taining aeronautical licenses, the qualifications. ~hysical capacity, examinations, experience and skill necessary to obtain such licenses, the capacity granted to the holders and the po\vers granted by such licenses shall be specified in the respective. Regulations, which shall also specify the duration, conclit ions for renewal, suspension and revocation of such licenses. Article 320. The Secretariat, of Communications may permit that foreign technicians be employed temporarily to act as advisers or instructors of the Mexican aviation personnel whenever, in its opin- ion, this may he. necessary for the performance of, or improvement on an aeronautical service. CHAPTER VI.-COMMANDER OF THE AIRCRAFT Article 321. All aircraft to be used in public transport service shall be under the command of a commander appointed by the op- era.tor of the service, and shall be chosen among the pilots who form the flight crew. The commander shall be responsible for the directing, care, order and safety of the aircraft., the crew, the passengers and their bagiage, and the freight and mail carried upon his taking charge of the plane for t.he takeoff. This responsibility shall cease at the end of the flight, whieii the representative of the company or any competent authority takes charge of the planes. the passengers, tile freight, the baggage and the mail. 39-T37--fi.~-vo1. II-21 PAGENO="0322" 1724 AIR LAWS AND TREATIES OF THE WORLD A itk7e 322. The commander of the plane shall record in the. log all incidents which might have legal consequences and which take place during the flight, and make them knowii to the competent. Federal authorities at the first place at. which he lands in Mexican territory or to the competent foreign authorities and to the Mexican consul if he lands outside the country. CHAPTER VII.-OPERATIONS Ai'ticie 323. In order to conduct operations in Mexican territory, the owners, l)ossessol's or operators of civil aircraft and, in the respective case, commanders and pilots must. comply with the following requirements: I. They must use the type of aircraft required by the respective license or pei'mit. depending on the service for which it. is intended. 11. They must operate the aircraft within the limitations of its cerl ificate of airworthiness. 1.11. They must hold the certificates of registration and airworthi- ness. the licenses of the aviation personnel and other documents required. IV. Prior to starting the flight, they must verify that the certificate of airworthiness and licenses of the personnel are in order, and, except in case of emergency, must follow the flight plan to which the opera- tions are subject. V. They must land only at the airdromes authorized as adequate for the type of aircraft operated and for the service in question, except in cases of emergency. VI. Their aircraft must be equipped with radio equipment and such rescue equipment, as is specified in the Regulations for each type of a ircra ft. VII. They must comply with the provisions of the Regulations in regard to lights and signals for air traffic. VIII. 111ev must. load and unload passengers and cargo from the aircraft in such a. manner that they do not obstruct the operations of other aircraft, or interfere with air traffic or traffic on t.he airdromes. Aitcle 324. Civil aircraft. must not.: I. Fly over zones which have been prohibited to navigation by the Federal Executive.. IT. Carry arms. ammunition. explosives and articles which, due to their inherent, nature, might. be a source of danger, without a permit from tile competent authorities. III. Carry people who are in a state of intoxication or suffering from tile effects of drugs. or without a permit from the competent authorities, bodies of dead people, people suffering from contagious diseases or mental cases. IV. Make acrobatic flights or maneuvers of a dangerous nature over cities and centers of population. 1,tc7e -725. Clearance and dispatch of aircraft e.ngaged in public service, as well as of their crew and passengers and baggage, freight and mail, must be effected in the rapid manner provided for in the Regulations. PAGENO="0323" AIR LAWS AND TREATIES OF THE WORLD 1725 ChAPTER VlII-AIR TRAFFIC Ai~ticle 326. Air traffic shall comply with tlìe following rules: I. Control of air traffic, meteorological, aeronautical, telecomniuni- catious services and aid to air llavi~atio1i shall be within the jurisclic- tion of the Secretariat of Coniiniiiiic~itio~is. ~ comply with the pow- ers vested in it for such purpose, it shall order all the measures neces- sary for the greater efficiency and safety of air navigation, for the purpose of protecting human lives and propert. It may therefore grant licenses or permits for the rendering of such services, to techni- cal organizations, which shall have the status of auxiliary or allied services of the means of communication and which shall be considered of public interest. II. All aircraft must use, as an obligatory safety requirement, the control services of air traffic, of aeronautical telecomlnunications, of meteorological information and of aid to air navigation. Such serv- ices shall be put at tile disposal of all operations of aircraft on the basis, tile conditions and tile rates approved by the Secretariat of Coinmunicat ions. III. The Secretariat, of Communications shall order the measures it deems necessary to extend and modernize the system of auxiliary installations to air navigation, and shall exercise care to insure that enterprises rendering public service and licensees of private service comply at all times with tile safety requirements established in this Law and its Regulations. IV. Operations of military aircraft on the airways, in traffic control zones or at civil airdromes shall be subject to tile rules on air traffic contained ill this Law and its Regulations. Ally infringements corn- initted during such operations shall be made known to the Secretariat of Nat ional Defense. CHAPTER TX-CIVIL AIRDROMES Article 327. A civil airdrome shall be any defined area of land or water which is suitable for tile taking off, landing and movement, of civil aircraft. Civil airdromes shall be divided into airdromes for public service and airdromes for private service. The Secretariat of Communica- tions shall establish by declaration which are airdromes for public services and which are for private service, in accordance with tile Re~ulat.ions. ~ivi1 airdromes shall be subject to the control, inspection and super- vision of tile Secretariat of Communications. An airport. shall be any civil airdrome for public service having adequate facilities and installations for the operations of public serv- ice aircraft. Airports shall be classified in categories according to the nature of their facilities and installations. Airports shall be open to the public, for their specified purposes, and services furnished there shall be charged for in accordance with rates previously authorized by tile Secretariat of Communications. All international airports must. be declare.d as such by tile Federal Executive, and they must furnish the proper international services and meet time requirements specified in the Regulations. PAGENO="0324" 1726 AIR LAWS AND TREATIES OF THE WORLD The Secretariat of Communications shall exercise authority over all airports. through the Commander appointed for the, purpose. All authorities acting at international airports shall abide by the terms of the Internal Regulations of International Airports issued by the Executive. Article .~28. A permit by the Secretariat of Communications in ac- corclanc.e with the provisions of Chapter III of Book One, and Arti- cles 331 and 333 of Section III of this Law for a maxinuim initial term of thirty years, shall be required to build, commercially use, manage and operate. airports. A permit from the Secretariat of Communications shall be required to build and operate private service airdromes. The. owners of private service airdromes shall permit its use to any aircraft in an emergency. The approval and authorization of the S&retariat of Conimunica- tions shall he required in each case to build any kind of facilities and installations at civil airdromes. Structures and inst allations on land adjoining and adjacent to air- dromes. within their protective and safety zones, shall be subject to the restrictions specified in the protective Regulations. The. owners and operators of civil airdromes shall allow the use thereof to aircraft of the State free of charge. This shall not apply to aircraft belonging to local public organizations. ChAPTER X-NATIONAL Alit TRANSPORT Ai't;c7e .. ~l~edul~cl national pu~ hi~ air carriers shall he subject to the following a). The obtaining of a license in the manner set forth in Chapter III of Book I and Article 331 of this Law, as well as other applicable provisions: b). The air routes, frequency of flights, and time-tables previously approved by the Secretariat of Communications: c). The fee schedule ac~ord~iig to rates pi~eviotisly approved by the Secretariat of Communications and duly made known to the public; d). Permanent accessibility to the iublic, subject to the provisions of clauses b) and c). Article 3.~iO. Non-scheduled public, air carriers shall be. subject t.o the following: a). The obtaining of a permit in the manner provided for in this Law and other applicable provisions; b). The carrying out of flights in accordance with agreements wit.h the users of the service, in accordance with this Law and its Regu- lations; c.). A fe.e schedule, subject to the provisions of the second para- graph of clause a) of Article 336. Article .J.]l. In order to obtain a license or permit, as the case may be, for the establishment and operation of a scheduled or non-sched- uled public air carrier service the applicants must prove, to t.he satis- faction of the Secretariat of Communications: a). That. the service satisfies public necessity and convenience; b). That. the applicant has the required capacity and technical and financial means to operate the proposed service; c ~. That. the applicant comes within the case provided for in Article 1~ of this Law; PAGENO="0325" AIR LAWS AND TREATIES OF THE WORLD 1727 d) . That the other requirements specified in this Law, its Regula- tions and other applicable laws have been complied with. A'ticle ~32. In order to begin operation of a scheduled or non- scheduled public air carrier, the company in question must furnish proof to the Secretariat of Communications that it has itself or at its disposal. by whatever title or contract: a). Airdromes which meet the requirements of the service, accord- ing to the Re~rulat ions: 1)) . Installations and auxiliary services for air navigation as re- ~iuiied by this Law and its ReRulal ions: c). Flight equipment approved for the service and authorized tech nical aviation personnel d). Flight routes. rates, and schedules, approved liv the Secretariat of Coinnlhliicatioils; e). The ilisurance required by this Law: f). Such o:her elements as required by the license or permit. A,tulc .5~. Failure to coniplv at any time with any of the require- ments specified in the preceding Article or with the obligations im- posed by the respective license or permit. or with the rules of this Law shall be grounds for suspension of the services or forfeiture or revoca- tion of the license or permit, without prejudice to other penalties specified in this Law. - I ~ 334. The Secretariat of Communications shall fix the term of licenses and of permits in accordance with the following rules: I. Licenses for scheduled public air carriers shall be granted for an initial max~nioni period of thirty veers. This period shell he )eter- mined according to the economic illlportance of the service of the par- ticulai' company, the amount of the initial investment and subsequent investments necessary for the growth and improvement of the service, and such other points for forming a judgment as may be required; II. For perniits for non-scheduled public air carriers, the time- limit shall be tixeci according to the importance of the~ company and its Initial investment III. A public air carrier shall be entitled to extensions of the mi- t.ial license for additional 10-year periods if, at the expiration of the initial term or of any of the extensions, said licensee fiiriiislies proof of satisfactory fult-iliment of all obhiRations and of having made im- portant improvements in the service. _1 itcie 3.J.J. At the expiration of the license or of an extension thereof, the Federal Government may acquire all the property and rights used in the air transportation service of the company in ques- tion as well as the company itself. The price shall be fixed by mutual agreement or. in its absence, in the manner set forth in the law-. Arti'ele 336. The Secretariat of Communications may: a). Grant a permit for special public transportation flights: how- ever when such flights are intended to be made between points con- nected by a scheduled carrier, the pel'mit shall only he granted in the evcut~ that the ompanv that has the license for that service is unable to ~iiake the- fli~ht. The rates charged for such flights may not be less than those author- ized for the respective scheduled service; b). Authorize flights for exploration purposes and technical studies over unexplored routes, for the purpose of obtaining information PAGENO="0326" 172S AIR LAWS AND TREATIES OF THE WORLD and evidence regarding the establishment, of air transportation serv- ices. Such authorizations shall be granted for a maximum term of three months, and may not be extended. CHAPTER XI-INTERNATIONAL AIR TRANSPORT SERVICE Aitcle 337. International public air carriers shall be classified as: a). Scheduled Mexican interi~ational carriers. b). Non-scheduled Mexican international carriers. C.). Scheduled foreign international carriers. d). Non-scheduled foreign interwitional carriers. Such service, from or to Mexican Territory, shall be rendered in accordance with the following conditions: I. S1c7~edu.7ed J[ex;can ii~ternational carriers, under a license ap- plied for and obtained in the manner set forth in Chapter III of Book I and in Articles 331 and 33~ of this Law, and the applicable Regula- tions: II. ~ ]lexican international car-riers, under permits granted by the Secretariat of Communications, which shall be revoc- able at any time; III. S1c/iedu7ed ~oi'eign ieternational carriers, subject to a permit grailted by the Secretariat of Communications containing the same obh~ations as those imposed on Mexican companies for furnishing scheduled public air transportation; IV. Xon-cchedn7ed foreign international carriers, subject to author- ization granted in each case by the Secretariat of Communications. Whenever such flights are to be made between points or areas served by a scheduled Mexican international carrier, authorization may only he granted to the foreign carrier if the Mexican carrier is unable to make the flight. Both licenses and permits shall be in accordance with applicable international treaties or agreements. Permits and authorizations for forei~n international carriers shall be subject to reciprocity treatment, and the Secretariat of Communications shall ensure that, in granting such permits and authorizations, the safety of the Nation is not en- dan~e.red or the rights of Mexican carriers injured. ~4r/~'cle 338. Foreign aircraft must comply with the following re- quirements in entering and leaving Mexican territory: I. Follow previously specified air routes and land at the interna- tional airports specified by the Secretariat of Communications; IT. Comply with the safety requirements established in this Law and its Regulations as well as the rules of their own country with re- gard to marks of nationality and register, weight, instruments a.nd safety and rescue equipment. as well as carry a certificate of airworthi- ness. The crew must. also carry the proper licenses and pertinent papers: III. Tn the ease of foreign aircraft. engaged in international public air ~erviee which fly in transit over Mexican territory or which land therein without. taking on or discharging passengers. freight or mail, prier and timely notice must be given in each case to the Secretariat of Communications. Further, the passage in transit and landing of these planes shall in each case be subject. to the provisions concerning customs. population and police. PAGENO="0327" A1~ LAWS AXD TEEATIES OF THE WORLD 1729 Article 339. Owners of Mexican civil aircraft who desire to take them abroad, must obtain a permission from the Secretariat of Com- munications. This rule shall not be applicable to duly authorized com- panies which operate a Mexican international transportation service. ChAPTER XII-PRIVATE AIR SERVICES Article 34.0. The following shall be deemed aircraft in private service: a). Aircraft used for pleasure and private purposes of the owner; b). Aircraft engaged in aerial work, such as aerial photography, aerial topography, commercial publicity and other work of a similar nature; c). Aircraft engaged in the private service of a company; d). Aircraft. used for scientific purposes of civil aviation, such as the exterminating of agricultural pests, artificial creation of rain, educational flights and others of a similar nature; e). Aircraft belonging to private aeronautical schools. Article 341. Operations of aircraft in private service shall be sub- ject to the following rules I. The obtaining of certificates of registration and airworthiness shall suffice for tile operation of aircraft in private service used ex- clusively for the private purposes or pleasure trips of their owners; II. Aircraft in private service must be flown by qualified technical flight personnel; III. The owners of aircraft in private service used for aerial work, the private service of a. company, the scientific applIcation of civil aviation or instruction must obtain a. permit from the Secretariat of Communications. This permit shall be subject. to the following con- ditions: a). Aerial photography, aerial topography and work of a similar nature may only be carried out by Mexican companies. and tile techni- cal personnel in charge of such work, and the crew of the aircraft must be Mexicans; b). In tile case provided for in clause d) of Article 340, tile eom- panies, the flight crew and the personnel in charge of carrying out the work preferably shall be Mexicans; IV. Aircraft used for private service may in no case undertake public transportation services; V. The owners or possessors of foreign aircraft for private service. used exclusively for private purposes or pleasure, who wish to fly over Mexican territory or to land therein must give prior and timely notice to the Secretariat of Communications. The Secretariat, of Communications may require the owners or crews of foreign aircraft ill private service who wish to fly over Mexican territory or to land therein, to prove iii each case that they have com- plied with the technical requirements relating to licen~e~ and air- worthiness in tile country where tile aircraft are. registered. CHAPTER XHI-LIABILITT FOR DAMAGES Section 0 ne-Damages to passengers Article 342. Carriers holding licenses and permits for the public air transportation serv~ice, both scheduled and non-scheduled, shall be liable for damages caused by such transportation, as follows: PAGENO="0328" 1730 AIR LAWS AND TREATIES OF THE WORLD a). For the death and injuries to passengers, or other damage suf- fered: b). For destruction of, or damage to passengers' baggage; c). For delays in transportation. For the purposes of this Law, it shall be understood that damage has been caused by transportation if it results from events occurring from the moment the passenger boards the plane until he disembarks, whether at the termination of the trip provided for in the transporta- tion contract or in case of forced or accidental landing. Avtc7e 343~ In the cases provided for in clause a) of the preced- ing Article, the carrier must pay to the victim: I. The sum of S50,000.00 [pesos] for death or permanent total disability: II. L~p to a maximum of $~0,000.00 [pesos] for injuries causing per- manent partial disability: III. TJp to a maxinium of $10,000.00 [pesos] for injuries causing l)a1~tial temporary disability. The amount of the damages payable in the cases provided for in clauses II and III of this Article shall be determined in accordance with the table of indemnities contained in the Regulations. The carrier shall guarantee payment of the damages provided for in this Article at the time it obtains the license or permit, in any of the following forms: a). By means of insurance obtained from a duly authorized com- pany. in such a way that its liability is covered to the satisfaction of tIle Secretariat of Communications; b). By means of a deposit in cash with Nacional Finimcierc' S.A. for such amount as will guarantee the risk, in accordance with the provisions of the Regulations. Without prejudic~ to the damages mentioned in the preceding para- ~raphs~ of this Article, the company shall be in addition, liable to a maximum of $T5.000.00 [pesos] in case of death or permanent total disability up to S2~.0O0.O0 [pesos] for other injuries to a person. Nevertheless the carrier shall not be granted the benefit of a limita- tion of liability provided for by this Article if it is proved that the damages were due to fraud of the carrier, its clerks or employees. 1i't;c7e 344. The indemnity for destruction of or damage to pas- -engers' baggage shall be limited to a maximum of $100.00 [pesos]. There shall be no limitation as herein established if it is proved that there was fraud or gross negligence on the part of the carrier, its clerks or employees. A it ide ~i45. The carrier must pay compensation to the passenger for any damage cau~ed to him due to delays in transportation. This damage shall be limited to a maximum equal to the agreed price for the transportation. Artc~7~ 34C. The carrier shall be exempt from liability under this Section in the following cases: I. In the cases provided for in the penultimate paragraph of Article 34:i and in Article 344. if it is proved that the carrier took all reason- able precautions to avoid the damage and the technical measures re- quired by this Law and its Regulations, or that it was impossible for it to take them PAGENO="0329" AIR LAWS AND TREATIES OF THE WORLD 1731 II. In the case provided for in Article 345, if it is proved that the delay was caused by bad weather or salvage operations, or for reasons involving the. protection of human life or property: III. In all cases if it is proved that the damage was due to acts or circumstances caused by the victim or by illegal acts of a third person. Article 347. The right to receive the compensation provided for in thi~ section and the determination of the amount of the indenmity in the cases provided for in the penultimate paragraph of Article 343 and Articles 344 and 345 shall be subject to the applicable provisions of the Civil Code for the Federal District and Territories. The right to sue for payment of the indeninities provided for in this sect ion shall terminate after one year, reckoned from the date of the incidents which gave rise to the action or, if none, from the date of starting the trip provided for in the transportation contract. Article 348. For the purposes of liability, transportation which is made in compliance with an obligation imposed by law shall be deemed the same as that made under a contract for payment. Damage suffered by individuals or things transported in private service aircraft shall be governed by the provisions of the Civil Code for the Federal District and Territories. Section Two-Damage to freight and invoiced baggage Article 34~9. Carriers holding licenses or permits to engage in public air transportation, whether scheduled or non-scheduled, shall be liable for damage caused to freight and invoiced baggage. I. For loss or damage suffered from the moment when it is received until the moment when it is delivered to the addressee. II. For delay in the delivery of freight or invoiced baggage, beyond the period provided for in the transportation contract and pursuant to the provisions of the Regulations. In the cases mentioned in clause I of this Article, the carrier must pay the following indemnity to the addressee or, lacking one, to the shipper: a). For loss of, or damage to freight, a maximum of $~0.-[pesos] per kilo gross weightS. b). For delay in delivery of freight, a maximum amount equivalent to the price of the transportation. c.) For loss of, or damage to invoiced baggage, a maximum of $500.00 for each piece of luggage. The carrier shall be exempt from the liability mentioned in this section if it proves: a). That it took all reasonable precautions to avoid the damage as well as the technical measures required under this Law and its Regulations, or that it was impossible for it to do so: b). That the delay was caused by bad weather or salvage opera- tioims or for reasons involving the i~oteet ion of hiunan life or property; c). That the damage was due to unlawful acts of a third person. The limits of liability referred to in this Article shall not be appli- cable if the freight or invoiced baggage was transported, by agree- ment between the parties, in accordance with its declared value, in which case the himit~ of liability shall correspond to such declared value. PAGENO="0330" 1732 AIR LAWS AND TREATIES OF THE WORLD In the cases referred to in this Article, the carrier shall guarantee payment of the appropriate, indemnity in the manner provided for in the Regulations. A iti'le ~ The right, to receive appropriate indemnity for damage suffered, established in this section, and the fixing of its amount, shall be subject to the applicable provisions of the Civil Code for the Fed- eral District and Territories. Claims for loss of. or damage to, and delay in the receipt of freight or invoiced baggage shall be made to the carrier within three days following the date of receipt, or the date on which it. should have been delivered. Failure of duty to file a claim shall prevent the bringing of the respective actions. The right to bring actions to demand payment of the indemnities established in this section shall lapse in ninety days, reckoned from the dat.e the freight or invoiced baggage should have been delivered. Section TJu'ee-Darnzzges to third person~s Aiticle 351. When the operation of an aircraft or objects which fall from it. cause injury to persons or damage to property on the ground, liability shall be. created by merely establishing the existence of the damage and its origin. This liability shall devolve on whoever owns or possesses the air- craft. For the purposes of this Article, "operation of aircraft" shall be deemed all movement of the same on the ground or in flight under operation of its own engines. Article 352. The indemnity for damages referred to in the pre- ceding Article shall not exceed the maximum limit for each class of aircraft., in accordance with the following table: Aircraft not weighing more than 5.000 kilos gross weight $60, 000 Aircraft not weighing more than 20.000 kilos gross weight 150, 000 Aircraft not weighing more than 40.000 kilos gross weight 300. 000 Aircraft whose weight exceeds 40.000 kilos gross weight 600, 000 When damage is caused to persons and property, the amount of the indemnity to be determined [for the damage] caused to such per- sons shall not exceed two-thirds of the damage suffered. \Vhen several people are damaged, the indemnity, without exceed- ing the aforesaid limits, shall be (histributeci proportionately to the damages suffered. The owners or possessors of aircraft. shall guarantee the. layment of the indenmitv for which the are liable by taking out insurance with a. duly authorized insurance cc)ml)anv or by depositing with the ?cacionaz Fim~neieia. S.A. the amoimt of their maximum liability. In the case of owners or possessors of two or more aircraft., the insurance or deposit shall be. for double the amount, irrespective of the number of aircraft operated. The insurance or deposit shall be set up within fifteen clays follow- ing the date on which the license or permit is obtained or the aircraft is registered. The Secretariat, of Communications shall determine in what cases this obligation must. he complie.d with by foreign owners of aircraft in private service. PAGENO="0331" AIR LAWS AND TREATIES OF THE WORLD 1733 The guarantees shall be kept alive for the life of the license, perillit or registration. Individuals and companies that do not guarantee payment ot the indemnities specified in this Article shall not enjoy the benefit of a limitation of liability, Aiticle ];5.3. Both the owner and the nossessor of aircratt shall be exempt from the liability established in this section: I. When the damages are due to the victinis own fault or when they are the result of acts committed by a third person with intent to cause damage to the aircraft, the victims or the piopelty II. When the persoii operating the aircraft does so without the consent of the owner or possessor. Nevertheless, the latter must prove that, having taken the necessary preventive measures, it was impos- sible to avoid the unlawful use of the plane otherwise the own- er or possessor shall be jointly liable with the party who caused the damage. Article ~954. In cases of collision of two or more aircraft, the own- ers or possessors shall be jointly liable for the damages caused to third 1eiso1~ or to property on the ground, each one within the limits established. Article .J.'. The~ right~ to receive the ill(lemnnit f'or the damages suf- fered roferred to in this section, as well as the fixing of its amount, shall be subject to the provisions of the Civil Code for the Federal District and Territories which are applicable to the case. The right to bring actions to demand payment of such indemnity shall lapse in cue year, rcckcned ficin lie date (01 ~l a t he~ mci - dents occurred. Section Four-J[ isce ha neous Provision~s Article .356. None of the provisions of this Chapter shall prevent the bringing of appropriate criminal actions. Any clause in transportation contracts inserted to establish lower limits of liability than those i~nvided for in Article 343 of this Law, those provided for in this section shall be. null and void. Nullity of such clause shall not. imply nullity ci the tian~portat~on eon- tidUt. Nevertheless, the carrier and the passengers may agree on indem- nities or guarantees which are higher than those fixed in this Chap- ter. Compliance with the provisions of this Law re~arcling the i~R- lihitv shall release all persons so complying from all civil, contractual or quasicontractual ]iabilitv. Liability for damage suffered by the crew, employees or workers in the service of individuals or companies who undertake the opera- tion of civil aircraft shall be governed by the applicable provisions of the Federal Labor Law and other applicable laws. Article .357. Controversies of a civil nature which arise on account of any accident suffered by aircraft or caused by one shall he deterniined and decided in accordance with Article 4 of this Law CHAPTER XIV-ACCIDENTS. SEARCTI AND SALVAGE Article 358. The investigation of accidents suffered by civil air- craft shall be made by the Secretariat of Communications. After PAGENO="0332" 1734 AIR LAWS AND TREATIES OF THE WORLD the invest i~ation, which shall include, a hearing to the p~~rt.ies in interest. ~s terminated, the Secretariat shall determine the prolable cause of the accident and, in the respective cases, shall levy the penal- ties and decide what administrative liability is in order. Should there be grounds for such 1 nul)illtv. the facts shall be brought. to the notice of the competent. authorities. Ji'f;e7e .~9. Search and salvage operations. in the case of accidents to civil aircraft, shall be of public interest and therefore the author- ities, air carriers and private parties shall be under the obligation of taking part in it within the scope of their capabilities and facilites, pursuant to the regulations governing search and salvage operations and the fohlowiui~ rules I. Search and salvaae ~ )eral hons shall in all cases he carried out under the direction ai~icl control of the Secretariat of Cominunica- tioiis. and the expenses incurred for the rescue of the victims of avia- tion accidents shall be for account of the carrier operating the air- craft. II. Any person having knowledge of an aviation accident shall notify the nearest authorities, who are under the obligation of acivis- ing the Secretariat of Communications by the quickest possible means. Lacking a commander of the aircraft or competent aeronautical au- t.horitv, the first authority arriving at. the place of the accident shall take responsil)ilitv for the aircraft, baggage, freight. and mail and provide whatever is necessary for the protectio1~ of and help to the pas- sen~ers anti crew. ITT. Aeronautical inspectors, or if there be none, the commander of the nearest airdrome, shall be under the obligation of going person- ally to the place where the accident has taken place. of taking the necNsarv measures, and of sending immediately a detailed report to the Secretariat of Cornmtmicat.ions. TV. The Secretariat shall establish auxiliary search and salvage centers throughout the country. V. The owners or l)ossessors of aircraft, or their legal representa- tives or agents and the pilots in charge of the respective aircraft, shall be under the obligation of notifying the Secretariat of Coin- niull~cations of any accident to their aircraft. VI. Air carriers shall be un(ler the obligation of furnishing a re- port to people interested in any accident. once the have specific in- formation in regard to any accident to their aircraft or whenever they consider it lost. A,ticie 360. Aircraft shall be considered lost in the following cases: I. When the owner or possessor makes such a declaration under oath, subject to verification of the Secretariat, of Communications: II. After three months have elapsed from the date on which the last official or private news were received from the aircraft and its whereabouts are unknown In both cases the Secretariat of Communications shall declare the aircraft lost and cancel the registration. Artic7e 361. The Secretariat of Communications shall declare such aircraft. abandoned and, with the assistance of the other competent PAGENO="0333" AIR LAWS AND TREATIES OF THE WORLD 1735 authorities, shall determine what should be done with the aircraft and the property in it. Aircraft shall be conside.red abandoned: I. When the owner or possessor so declares to the Secretariat of Communications; II. When an aircraft remains at an airdrome for a period of ninety days without undertaking any operations and without being under the direct or indirec.t care of its owner of possessor; III. When it has no registration number and the name of its owner and tile place of its origin are unknown. CHAPTER XV-ENC1uRANCE~ Article 362. Tile following may be mortgaged: I. Aircraft.; II. The entirety of an air carrier in which case the mortgage shall include all licenses or permits and, unless there be a specific stipula- tion to the contrary, the flight equipment, the navigation aids, the engines, propeflors. radio apparatus. instruments, equi~)ment, fuel. lubricants and other movable and immovable property used in tile operations and considered as a unit. A mortgage to which this section refers ma only be placed with the prior autilorization of tile Secretariat, of Communications. Article 363. Engines, propellers, spare parts, radio apparatus, in- struments and other equipment may be. pledged. In order that tile pledge may be considered as estahljshed, it must be actually and legally delivered to the creditor. In either case the pledge shall take effect. against, third parties as and from the date when it is recorded in the Mexican Aeronautical Register. A signed copy of tile record shall be sent to tile Public Registry of Property in tile City of Mexico, for such purposes as may be in order. Article 364. Mortgage and pledge contracts shall contain, in addi- tion to the requirements under the laws applicable to the case, a de- scription of t.he aircraft and of the equipment mortgaged or pledged, stating marks of nationality and register, name of maker and series number or, if there is none, such data. as will unmistakably identify tile aircraft and, in the respective case, the other property included in tile mortgage or pledge. Article 365. Tax debts shall have preference over mortgage credits a.nd over those for salvage of the. aircraft and those. derived from indispensable and ext.raordinary disbursements for preservation of the aircraft.. In addition to tile preference established in this Article, the credi- tors for tile last t.wo reasons shall have the right of attachment.. Article 366. In cases of attachment or any other judicial seizure of aircraft used for public transportation. the authority who has decreed the attachment shall issue the. necessary rulings so that. the service is not inte.rrupted, and immediately shall make the situation known to the Secretariat of Communications. PAGENO="0334" 1736 AIR LAWS AND TREATIES OF THE WORLD CHAPTER XVI-AERONATTICAL INDCSTRIES, SCHOOLS AND AVIATION CLt~BS Aificle 367. The. following shall be considered of public interest: I. The establishment, of aircraft factories and factories making aircraft. engines and parts. and aeronautical shops; II. Aviation schools and centers of aeronautical research; III. Aviation clubs and niodel airplane clubs. Aitiele 368. The Secretariat of Communications, in agreement with lie Secretariat of Commerce, shall grant licenses for the establish- ment of aircraft, engine and parts factories. Licensees shall be under the obligation of submitting their prod- ucts to the. tests demanded by the Secretariat, of Communications so that, if approved, they may be given a certificate of approval which will authorize them to make other units of the same type. A ,`ticle 369. Aviation schools, when they are private schools, shall 9perate under a permit which is temporary and revocable by the Secretariat of (Tominunications, and they shall be subject to the in- sieci ion and technical supervision of that Secretariat. i ~t;~7~ 370. Av~at ion and model airplane clubs shall be organized as civd associations. and their activities shall be subject to the inspec- tion and supervision of the Secretariat of Communications, which shall furnish them technical advice whenever they so request. (`I I.\PTE~ Nyu-MEXICAN AEioNA't~T1CAL RE(;TsrER A,'c7e .771. The Secretariat of Communications shall keep a regis- ter to !~e (~ahled "Mcxican Aeronautical Register", in which shall be reConle(l I. The title by which the ownershipS other 1)IOpel'ty rights or the possession of the following are acquired. alienated, modified, encum- bered. extinguished, rented or leased a ) . Mexican aircraft b) . Civil airdromes c) . Aeronautical installations, beacons, radio guides, radiogoni- metrical stations. radio-beacons and other aids to air navigation; ci). Engines of aircraft: II. Licenses and permits under which air transportation is per- formed and the acts and decisions which modify or extinguish them: III. Licenses of Mexican aviation personnel, renewals, suspensions and cancellations thereof; The following shall be annotated on the margin of the record: I. a). The marks of nationality and register of aircraft, modiflca- tious and cancellations thereof; b). Certificates of airworthiness, renewals and cancellations thereof: c). Insurance policies. The Regulations of the Mexican Aeronautical Register shall specify: its composition: the formalities to be complied with in regard to records and annotations made; the certifications to be issued, as well as charges payable. Article 372. The documents which must be recorded in the Mexican Aeronautical Register and are not recorded shall oniy produce effects among those who execute them and not against any third party, but the latter may avail himself of same insofar as they favor his interests. PAGENO="0335" AIR LAWS AND TREATIES OF THE WORLD 1737 However, except as provided for in Article 363, if the registration should also be made in the Public Registry of Property pursuant to Article 6 of this Law, and the applicable provisions of the Civil Code for the Federal District and Territories, the provisions of that Code shall apply. Article 373. The registration of an aircraft may be cancelled: a). At the request, in writing, of the owner of the aircraft or of the holder of the certificate of registration; b). By order of the competent authorities; c). When the aircraft is destroyed or lost; d). When the aircraft no longer fulfills the requirements for air- worthiness specified jfl the Regulations; e). At the expiration of the period of registration, whenever the registration is subjec.t to a time limitation f). When the aircraft is abandoned g). For any of the other reasons specified in the Regulations. Registration of an aircraft which is encumbered cannot be cancelled without the consent of the creditor. Article II. Articles 555 to 570 inclusive and Article 500 of Book Seven of the Law of General Means of Communications shall be amended as follows Artie7e .5.5.' A fine of from S~ft---to ~O.O0O.-(pesos~ shall be imposed Ofl tile owncr, pO~ essol' or operator of civil aircraft in the following cases: I. For allowing aircraft to fly: a) . Without marks of nationality and registration b). Without a certificate of airworthiness or certificate of registra- tion, or when such documents have expired or are false; c). With a crew who lack the respective licenses; d). Without the proper safety instruments and auxiliary equip- ment~; e). `Without. making use of the auxiliary installations and services for aerial navigation, except in cases of force ma/cure: II. For registering aircraft in the Register of some other State without first obtaining tIme cancellation of the Mexican registration. III. For altering or modifying the marks of nationality and regis- tration on the aircraft~ without the authorization of the Secretariat of Communications; IV. For ordering the commander or pilot~ of the aircraft to per- form acts which constitute a violation of this Law or its Regulations: V. For bringing foreign aircfaft into Mexican territory or taking Mexican aircraft into a foreign country without complying with tIme requirements specified in the Law VI. For failing immediately to notify the Secretariat of Comniuni- cations of accidents to their aircraft: VII. For refusing to take part in search and sa1va~ie operations: VIII. For permitting aircraft to obstruct or impede air traffic or circulation on airdromes; IX. For any violation of the Regulations concerning airdromes. In the case of a public carrier the minimum penalty shall be $5,000.-[pesos]. 1 Art.~~ 5. This and the following articles. Including Art. 570, were amended by the Decree of f)eo. 30. 1949. published In the Diario Oficial of Sanuary 23, 1950, and tool~ effect 30 days froni that date. PAGENO="0336" 173S AIR LAWS AND TREATIES OF THE WORLD Jjtc7e ~56. A fine of from $50.-to $50,000.-(pesos) shall be imposed on the pilot or commander of any civil aircraft I. For failing to utilize. during the flight of aircraft, the installa- tions, aids to aerial navigation and other auxiliary safety services; II. For disobedience to the orders or instructions received with regard to air traffic; III. For frying an aircraft without carrying the respective license, or without, the qualifications stated therein, or with a suspended or expired license. The same penalty shall be imposed on the other members of the flight crew who are in a like situation; IV. For permitting anyone who is not a member of the flight crew to take pt in the operations of an aircraft, except in cases of proven 701Cc m.a/eul'e; V. For transporting arms, dangerous articles, or inflammable, ex- plosive or other similar articles, without the proper authorization: VI. For transporting contagious or mental patients or dead bodies without the proper authorization: VII. For abandoning the aircraft, the other members of the crew, the passengers. the freight and other property at any Place which is not the terminal point of the flight, and without just cause; VIII. For flying the aircraft while in a state of intoxication. The same penalty shall be iniposeci on any member of the flight crew who is in a like situation IX. For allowing a member of the flight crew to take part in opera- tions of the aircraft while in a state of intoxication; X. For acts or omissions which, actively or passively, contribute to the act of smuggling: XI. For flying over prohibited areas; XII. For starting the flight without verifying whether the certifi- cate of airworthiness, as well as the licenses of the flight crew are in force, and whether the aircraft has the marks of nationality and registration. XIII. For permitting. without the proper authorization, the use of apparatus for aerial photography and aerial topography on board an aircraft in flight; XIV. For making acrobatic flights or flying too close to the ground or making exhibition flights over inhabited places; XV. For jettisoning from an aircraft in flight, or permitting the unnecessary ]ettisoniflg objects or l)allast from such aircraft.; XVI. For making demonstration flights, technical test flights or training flights without the proper authorization; XVIII. For refusing to take part in search or salvage operations; XVIII. For failing to notify the Secretariat of Communications immediately of accidents happening to their aircraft or of other acci- dents of which they become aware on account of their work; XIX. In the case of the commander of a foreign civil aircraft which enters the country, for failure to land at the civil airdromes specified in the respective permit or authorization; XX. In the event of a commander of a foreign civil aircraft, for making or allowing to be made aerial-photographical or aerial-topo- graphical surveys on board an aircraft in flight. 4itie/e 557. A ffne of from S1,000.- to $50,000.- (pesos) shall be imposed: PAGENO="0337" AIR LAWS AND TREATIES OF THE WORLD 1739 1. On Mexicall or foreign carriers engaged in scheduled public air transportation; a). For carrying out operations in violation of the rates, itineraries, frequencies of flight and schedules approved by the Secretariat of Communication; b). For refusing, without lawful reasons, to allow the public to have free access to the services; c). For failure to comply with the obligations contained in the re- spective licenses or permits which, in the opinion of the Secretariat of Communications, does not require a declaration of forfeiture, rescis- sion or revocation; d). For failure to perform the required maintenance and preser- vation work on their flight equipment, airdromes, auxiliary installa- tions and other property connected with the safety and efficiency of the service; e). For failure to follow the air routes and to make use of the air- ports specified in the respective licenses or peimits: II. On foreign carriers engaged in scheduled or nonscheduled inter- n a t.ion al public transportation: a). Wrhenever, while on a trip in transit only, they take on or dis- charge passengers, freight or mail: b). For performing service between different points in Mexican territory. III. On public carriers not engaged in scheduled air traffic and on those which effect special public service for charging rates which are less than those approved for the carrying out of scheduled air transportation. Article 558. A fine of from $500.- to $50,000.- (pesos) shall be imposed on: I. The owners, possessors or operators of private service aircraft used for aerial-photography, aerial-topography and work of a sim- ilar nature. who permit such work to be done by, or who do such work utilizing the services of foreigners; II. The owners, possessors or operators of private service aircraft used for scientific applications of civil aviation who give preference to foreigners over Mexicans for the carrying out of such work. Article 559. A fine of $250.- to $25,000.- (pesos) or six months' to five years' imprisonment shall be imposed on any person who ob- structs or restricts in any way, or permits tha.t the landing strips, loading platforms and other traffic places of airdromes are obstructed or restricted. Article 560. A fine of $250.- to $25,000.- (pesos) and six months' to five years' imprisonment shall be imposed on any person who floods or through negligence allows the flooding of all or part of an airdrome. Article -561. A fine of $250.- to $25~000.- (pesos) and six months' t.o five years' imprisonnient. shall be imposed on any person who, by means of radio-technical transmissions obstructs, interferes with, or impedes aeronautical radio communication. Article 560. A fine of from $50.- to $5,000.- (pesos) shall be imposed on the members of the technical aviation ground personnel who, by acts and omissions in the carrying out of their duties, en- danger or might endanger the safety of aircraft and of airdromes and auxiliary installations. 39-737-65-vol. II--22 PAGENO="0338" 1740 AIR LAWS AND TREATIES OF THE WORLD Aiticle 563. The licenses of technical aviation personnel shall be suspended up to six months in such cases as the Secretariat of Com- munications deems necessary, for violation of the provisions concern- ing safety and efficiency. Jiticie 56~. The Secretariat of Communications shall revoke the licenses of aviation pei~sonnel whenever they merit it for continued disobedience to orders. Ji'tic7e 565. Without prejudice to the. fines mentioned in Article 556, the following I)Unishlllent shall be imposed I. On the pilot or commander in the cases provided for in Sec- tions I, III, V and IX of said Article, imprisonment for a period not exceeding six months, without prejudice to the suspension men- tioned in Article 563; IT. On the pilot, commander or member of the crew in the cases l)rovi(ie(1 for in Sections II, IV. VII, VIII and XVI1I of the same Article, imprisonment of from six months to five years and revoca- tioiI of ins ilcense: III. On the pilot or commander, in the cases provided for in Sec- tions XI and XIV. suspension of his license for a 1)eriocl not exceeding six months. Ait1c7~ ;66. A fine of from S50.- to $5,000.- (pesos) and ilnpris- omi[ent for a period not exceeding six months shall be imposed on a commander or pilot of airr aft iio 1 iakes flight s after repa irs o the airframe, engines or propellers of the same without the Secretariat of (`oii~munications having given its approval in the manner set forth in the Rei~uIations. J,te'cle 561. A fine of from $50.- to $5,000.- (pesos) shall be im- posed on the owner. Possessor or operator of any civil airdrome who: I. When such airdrome is an airport. fails to furnish services in the manner pi'ovidecl for in the respective licenses and in this Law II. Does not permit aircraft to land in emergencies; III. Does not pernilt the use, free of charge, of the airdrome to aircraft of the State. as provided for in amended Article 328 (last Pa1~1fl1aPh) of this Law. Jite7e 568. Failure to comply with the provisions relating to bea- cons and safety signals on land and on aircraft by the personnel who have them under their care, shall be punishable by imprisonment for a period not exceeding six months. jit;c7e 569. A fine of from $50.- to $5,000.- (pesos) or impris- onment for a period not exceeding six months shall be imposed on any pei'~o1i who refuses to take part in search and salvage operations of aircraft, if so requested by the authorities. A like penalty shall be ap- plicable to any person who, having direct knowledge of an aviation accident, fails to notify immediately the authorities within the Secre- tariat of Communications w-ho are nearest to the site of the accident. Jet ~`c7e 570. The piovisions of the Criminal Code for the Federal District and Territories relating to piracy shall be applicable to air navigation. J i't~'c7e 590.2 Any other violation of this Law or of its Regulations 2 Amended by the deoree of Dec. 30, 1949, published in the mario Oficial of January 25. 1950, and in force 30 days from that date. PAGENO="0339" AIR LAWS AND TREATIES OF THE WORLD 1741 not specifically provided for in this Chapter, shall be. punishable, by the Secretariat of Communications, with a fine not exceeding S50,000.- (pesos). TRANSITIONAL ARTICLES Aetkle One. This Decree shall go into force thirty days after its publication in the Dioiio Oflcial of the Federation. Ai~tie7e Two. The. other provisions of the Law of General Means of Communications, insofar as they do not conflict with those of this Decree, shall continue to be applicable to aeronautical communications. Ji'ticle Three. A period of three months, reckoned from the date when this Decree goes into force, shall be granted for aircraft of the State that lack marks of nationality or which bear the letters XB, to petition the Secretariat of Communications to change such mark for the one provided for in this Decree. Ji~ticle Foui. A period of six months, reckoned froiii the date when i his Decree goes into force, shall be granted to: I. Holders of experimental permits, to apply for the respective license. The Secretariat of Coimnunications shall at oiice cancel the respective permit unless such application is filed within the. time limit set in this Article, except in the case that the time Ii iii its set in aniemled Article :l-t7 of the Law of General Means of Comiiiunication have not expired. After the application has been filed, the holder of the per- mit may continue rendering the Hervice uiitil a decision on his applica- tion for a license has been made. II. Holders of special permits and holders of perm its granted undet section II of Article 9 of the Law of General Menus of (~ommmuii- cations. to apply for the permit requi red aceor(liIlg to this Decree. The Seci-eta nat of Communications will l)roeeed to a1i(el iiiimedi - atefv the respective pen.nit unless the applicat ion is filed within the time limit sI)ec1!~ed. III. Companies or individuals who operate mci commercially use airpolts. in order to apply for the. respective license and regularize such operations and commercial use. Nevertheless, they shall be sub- lect to the provisions of this Decree from the (late it enters into force. Ait;cle Fh'e. A term of 15 days, reckoned from the date when this Pet-nec enters into force, shall be granted to the owners, possessors or operators of civil aircraft to guarantee compliance with the liability according to Articles 342 to 357 of the Law of General Means of Corn- nimlications as amen(led herein. At the expiration of such time limit, Article 17 of that. Law shall cease to be applicable to aeronautical communications. A i~t;c/e Sie. The Executive of the ITh ion will issue the Regulations uhi(ler this Law, and a minimum of 1,00 hours' flight shall be required to obtain a pilot s license for public transport service. 1 i~f~/e ~eceii. All provisions which conflict, with this Law are here- by repealed. OTHER LEGISLATION IN FORCE 1. Decree of October 18, 1950 approves the regulation on aerial tele- communication and radio aids for air navigation. (D~'ario OflcaZ, November 25, 1950) PAGENO="0340" 1742 AIR LAWS AND TREATIES OF THE WORLD 2. Decree of October iS. 1950 approves the regulation on search and salvage and the investigation of air accidents. (Diaiio Oñcial, No- vember 25, 1930) 3. Decree of October 15, 1930 approves the regulation on the Me- teorological Aviation Service. Amended by decree of 1953 (Diario Oficia1~ April Ic. 1953). ~Dai~'o Oficial. December 1, 1950) 4. Decree of ()ctober 15, 1950 approves the Air Transport Regula- tion. Decree of February iS, 1953 amends Articles 51 and 52 of the Regulation. (l)iario Oficial. March 25. 1953). (Diai~~'o Ofic~al, February 1, 1951) 3. Decree of 1951 approves the regulation on technical aviation schools. (Di~ii~io 0/ic/al. October ii. 1951) 6. Decree of 1951 approves the regulation on licensing of techiiical aviation personnel. (Piai~o 0fic'al. October 18, 1951) Decree of September 12, 1951 approves the regulation governing the aeronautics registry. (Diai'/o 0Jic~ii. October 25, 1951) S. Regulation of civilian airports and airdromes. (D/ai~o 0/ic/al, November 15. 1951) 9. Decree of August 6. 1952 establishes the D/recc/ón de _4eron~utica (/~/7. (Dar~'o 0fica7. September 23. 1952) 10. Decree of February iS. 1953 amends art.icles 51 and 52 of the Air Transport Regulation. (Daro 0fic~'al, March 25, 1953) 11. Decree of October 21, 1953 amends Article 68 of the regulation on civilian airports awl airdromes regarding fueling operations. D/ai'io 0/ic/al. March 5. 1954) 12. Decree of 1955 amends Article 39 of the Regulation on Oper- ation of Civilian Aircraft regarding security measures to be taken when gasoline must be dtuuped during flight. (Diai'io 0/ic/al, Sep- tember 29. 1953) 13. 1)ecree of May 30, 1936 approves the regulation on licensing of technical aviation personnel. (Diario Oficial, December 28, 1957) 14. Decree of February 25, 1958 amends Article 32 of the. Air Trans- port Rea-ulation regarding the use of instruments or visual flight at night. (Diario 0/ic/al. April 21, 1958) 15. Decree of April 10. 1958 issues a new schedule of rates charged for landing and other services at official airports. (D/a.rio 0/ic/al, August 9, 1958) 16. Appendix No. 6 to the Regulation on Air Traffic in force. This contains procedure on altimetric measures. (Diarlo 0/ic/al. August 31. 1960) 1'~. Decree of September 22. 1960, amends Articles 143, 144 and 145 of the Regulation on Operation of Civil Aircraft, published November 22, 1930. The amendments deal with crew members on various types of aircraft. (D/ario 0/ic/al, September 23, 1960) 15. Decree of February 14, 1961, amends the Regulation on licensing of technical personnel in aviation to include provisions on licensing and qualification of helicopter and "agricultural aviation" (crop dust- ing) pilots, among other measures. (D/a.rio 0/ic/aL February 27, 1961.) 19. Decree of March 21. 1961, amends Article 16 of the Regulation on licensing of technical personnel in the field of aviation. (Diarlo Oticoi7. March 24. 1961.) PAGENO="0341" AIR LAWS AND TREATIES OF THE WORLD 1743 20. Regulations of March 13, 1961, approve rates for air transporta- tion on national airlines where reservations are not picked up by the. passengers. The percentages refunded on reservations vary with num- ber of hours of notice given before flight time, running from entire price to none, in the latter case where cancellation is made less than one-half hour before flight time, or not made at all. (Diui~io Oficia7, April 3, 1961.) 20. Decree of March 14, 1961. amends Article 5~ of the Regulation of september 12, 1957, on the Mexican Aeronautical Register. This increases the rates and fees for registration of various documents, pro- ceedings, etc. (Diario Oficial, April 19. 1961.) 21. Air Traffic Regulation in force: Appendix No. 7 (Dictrio Oficial, May 25, 1961). (D/~afio Oficui1. June 29. 1961 [Reprint].) 22. Deree of May 15, 1961. ainentis Article 54 of the Regulation on Technical Schools of Aeronautics (Diai~io O/ieia7. October 11, 1951) concerning a study plan for airplane mechanics. (Dia~io Oficicil, May 26, 1961.) 23. Decree of September 28, 1961, adopts a new tariff of payments to be made for the use of landing and other facilities and services of the official airdromes and airports. (Diaiio Ofida7. October 16, 1961.) PAGENO="0342" PAGENO="0343" MOROCCO Decree No. 2-61--161 of 7 safar 1382 (July 10, 19G2) concerning Regulation of Civil Aviation PART I. AIR NAVIGATION TnmE I. AIR('RAFT (`I-lAPPER I. GENERAL PROVISIONs Art. 1. Definition. For purposes of this cleciee, and of the ordi- nances and other enactments Passed in applicatioii thereof, an "air- craft" shall be deemed any device capab]e~ of sta ing in the air due to the reactions of the air whether it be lighter or heavier thaii the air. However, small scale models use(l for aviation sl)ort shall not be deemed aircra ft. Art. 2. State aircraft a.qid dull aircraft. Aircraft are divided into State aircraft used exclusively in public service., such as military, cus- toms or police aircraft, and civil aircraft. Civil aircraft used permanently or temporarily for a public serv- ice shall be deemed State aircraft. Except as otherwise provided, the articles of this decree shall not apply to State aircraft. CHAPTER II. REGISTRATION OF AIRCIiAFT Art. 3. Regi$ter. The Aviation Board. mnider tIle authority of lie Minister of Public \Vorks, shall maintain the Moroccan register iii which must be recorded: a) Moroccan St ate airciaft except itul ii ary aircraft, aiid b) civil aircraft~ which are the 1)roPerty of Moroccan sub- jects or or organizations which, under the definition of Article 7 of the dalnr of 9 Ramadan 1331 (August 12, 1913) comleerlming the stat us of foreigners, posses Moroccan nationality, or of foieigneis (lomuiciled iii Morocco or whose aircraft are normally based in Morocco. Any aircraft registered in accordance with the provisions of t Ii is chapter shall acquire Moroccan nationality. Art. 4. App7~cat;on for ~eql.st*ratloi. Re2istrat ion may be applied for at. theAviation Board by the owner of tin aircraft. The following documents must accompany the application a) A document establishing the applicant as owner: b) When the applicant is a foreigner, an attestation that lie is domiciled in Morocco, or a declaration that~ he intends to have the aircraft normally based in Morocco: c) A copy of a valid airworthiness certificate provided fom in Article 14; 1 Pub. in Bulletin O/7lciel No. 2596, July 27, 1962. p. 947. 1745 PAGENO="0344" 1746 AIR LAWS AND TREATIES OF THE WORLD d) Further, in the ca~e of an imported aircraft (i) a certificate of payment of customs duties and other fees unless exempt b decree, and (ii) an official attestation that the aircraft is not registered in a foreign register or that such registration has been stricken. TTowever, when, at the time of application, a lawfully imported air- craft has not been stricken from the foreign register, the Aviation Board may deliver to the owner a temporary flight permit valid until notification is given that the registration has been stricken, but such validity may not exceed 60 days. Art. 5. Registraton. When the conditions specified in Articles 3 and 4 have been fulfilled, the Aviation Board registers the aircraft and issues to the owner a registration certificate in the form established by the international regulation in force. The register and the registration certificate shall specify: a) The date of registration; b) The registration marks; c) The characteristics of the aircraft (name of manufacturer, category, serial number) d) The name and address of the owner; e) The home port of the aircraft. Further, in application of the various provisions of this decree or the ordinances of the Minister of Public Works, other facts are spe~i- fled on the registration certificate. and the documents relating to each aircraft shall be preserved in the files which complete the register. The fees for the formalities of registration of aircraft shall be speci- fled by ordinance of the Minister of Public Works. Ait. 6. Changes and rem o~ra/. Any change in the characteristics of an aircraft and any change in ownership or home port shall be noti- fied without delay to the Aviation Board for recordation on the respec- tive date in the register and a corresponding annotation on the cer- tificate. except that a change in ownership shall give rise to issuance of a new certificate when the new owner fulfills the conditions of Article 3 and makes such a request. An aircraft shall be stricken from the register at the request of the registered owner who shall return the certificate, or by the authorities in the following cases: a) W~hen the conditions specified in Articles 3 and 4 are no longer fulfilled; b) When the new owner does not request the transfer of the registration; c) In the case when an aircraft is acquired by a foreigner and keeping of the registration has not been requested or must be denied d) When the aircraft is completely destroyed or presumed lost three months after the date when the last news of it has been ~cceivcd. rile registered owner sluill he notified of such removal; a removal certificate shall be issued to any person who requests it. Art. 7. Pvbl~c aeeec~. The re~ister shall be public and any person may obtain a certified copy under the conditions specified by the Aviation Board. PAGENO="0345" AIR LAWS AND TREATIES OF THE WORLD 1747 ChAPTER III. MARKS Art. 8. Sationality and rgi~stration. marA~s. Any aircraft must bear the nationality and registration marks which are contained in its reg- istration certificate. The nationality mark of aircraft. registered in the Moroccan register shall consist of the letters CX. The registration mark of such aircraft shall be separated from the nationality mark by a hyphen and shall consist of a group of three letters assigned to each aircraft by the Aviation Board. Art. 9. Manner of affixing. Nationality and registration marks shall be painted on the aircraft or affixed in some other manner which en- sures the same degree of permanence. The pilot-in-command shall ascertain that the marks are always in good order and always visible. Further, a fireproof metal plaque must be affixed at a clearly visible place near the main door; on this plaque shall be inscribed the na- tionality and registration marks and the name and address of the owner. Art. 10. Placing and size of n?a1'l~. The placing of the nationality and registration marks of aircraft registered in the Moroccan regis- ter, their size, and the type of lettering shall be in accordance with the provisions of the international regulation in force and shall be the subject of an ordinance of the Minister of Public Works. Art. 11. Other inscriptions. The mime of an aircraft, or the name and emblem of the owner may be inscribed on an aircraft, provided their placing, size, the type. and color of the letters and signs do not prevent easy identification of the nationality and registration iriarks or create confusion with such marks. Fnless there is a written authorization from the chairman of the Aviation Board, no publicity or inscription other than those provided for in this chapter may appear on the outside of an aircraft. CHAPTER Iv. AIRWORTHINESS Art. 12. Conditions of airworthiness. The conditions of airworthi- ness of aircraft and the. equipment necessary for their operation, the nature and number of controls for determining their good flight con- dition, and the frequency and conditions of thorough tests in order to main such flight condition. shall be determined by ordinances of the Minister of Public Works in consideration of safety requirements and the international regulation in force and in regard of the type of each aircraft, its construction characteristics and the use of which it is intended. Art. 13. Issvan.ce or validaton of the certificate. After a report is made following the airworthiness test. of an aircraft by a designated technician or an organization approved by the Minister of Public Works, the cha.irrna.n of the Aviation Board, at the reque.st of t.he owner or operator of such aircraft, shall issue or renew au airworthi- ness certificate when he is satisfied with the justifications 1)1esentecl. When an aircraft has a valid airworthiness certificate, issued by a foreign State, the chairman of the Aviation Board, at. the request of the owner or operator of such aircraft, shall issue a new airworthiness certificate or validate the old one, provided the latter complies with PAGENO="0346" l74~ AIR LAWc AND TREATIES OF THE WORLD airworthiness conditions required by the international regulation in force. ~1it. 14. Certificate. The airworthiness certificate, in conformity with the model established by the international regulation in force, shall contain the following information: marks, description and cate- gory or the aircraft. date of expiration of the certificate, and also periodic statements or mentions attesting that maintenance is kept up by constant checking. Other technical data concerning the aircraft and particularly the equipment and minimum crew necessary, and maximum hours shall be contained in a flight manual when the keeping of such manual is pre- scri bed. A it. 1.5. A~'rci'aft built in JIoiocco. When an aircraft is built in Morocco. the manufacturer must inform the Minister of Public `Works thereof, furnish him with all the documents, plans and designs con- sidered necessary, make all tests required and submit to all controls. When the manufacturer (lees net submit to this provismn, the air- worthiness certificate may 1 ~e denied him. Ait. 16. (``igez. icpa'iis. maintena?~x'e. No change or repair may he made, on a Moroccan aircraft in possession of a valid airworthiness cert~hcate except on the instruction, or with the approval of the chair- maii of the Aviation Board : such aircraft may not be returned to service before its good flight condition has been duly stated by a quali- fied person. Maintenance of aircraft may be made only by perso1~s having a spe- ciii license, or under the supervision of such persons, with a special authorization from the chairman of the Aviation Board. The persons or organizations who have the responsibility to certify that an aircraft is flightworthv, must have the qualifications provided for in article 3~ of this decree. [if. 17. ~ of ralklity. The chairman of the Aviation Board may suspend the validity of an airworthiness certificate or make its renewal subject to certain conditions when the aircraft does not comply with the required technical conditions or when it is used under conditions which do not comply with those specified in the certificate or when it has suffered serious damage or has been the object of a change which has not been approved, or has not been maintained in accord- alice with the maintenance manual. However, during the suspension of the validity of the certificate the chairman of the Aviation Board, within the limits of use prescribed for the safety of the aircraft or persons aboard, may authorize a flight of such aircraft to the place where it may be restored to airworthi- ness. or consecutive tests in flight. A it. 18. Von-7iabiiity of Morocco. The Moroccan Government as- sumes no hlal)ilit for clamatres to an aircraft and its equipment during checks. If they so desire, it is incumbent upon the owners or opera- tor~ to in~iire the air('raft a~aiust such dama~es. The Moroccan Government further assumes no liability for any damages or faults arising from the materials used, the construction, or maintenance, or from any change in, or repair of an aircraft, from the fact that the checks were made, even if the official or the organiza- tion making the check raises no objection. PAGENO="0347" AIR LAWS AND TREATIES OF THE WORLD 1749 Art. 19. Co~ts of c1iec7~Jng. The costs of checking airworthiness for issuance or keeping intact the validity of the airworthiness certifi- cate shall be specified by ordinance of the Minister of Public Works, after a report of the Minister of Finance, and they shall he charged to the owners of the aircraft checked. CHAPTER V. LEGAL STATUS OF AIRCRAFT Art. 20. De8cription of aircraft. For purposes of this chapter, an aircraft includes the fuselage, the engines, propellers, radio equipment, and all other equipment. necessary for its operation. Art. 21. Legal ~atvre. Aircraft. are personal property subject to the rules of the common law, reserving the special rules enumerated in the following articles. Art. 22. Mortgage. Aircraft may be mortgaged; the provisions con- cerning mortgages on ships contahied in the da/ui' of 28 joumada II, 1337 (March 31, 1919) constitr~ing the code of maritime commerce, shall be applicable to mortgages on aircraft. However, onl debts arisilig from compensation (Tile for salvage of an aircraft and extraordinavv expenses indispensable for the preser- vat ion of an aircraft shall be pn~vi.l~ged. Art. 23. Sale. Voluntary sale 01 an aircraft must be by written instrument. Forced sale of an aircraft shall take place under the procedure pro- vided for forced sale of ships by the dah?r of 28 joumada II, 1337 (March 31, 1919) constituting the code of maritime commerce; how- ever. special 1~0visions concerning time periods and notifications may be treated in an ordinance of the Minister of Public Works. Art. 24. Attachment. Attachment and attachment in execution of aircraft shall be made in accordance with the provisions on ships made by the said da]dr of 28 joumada II, 1337 (March 31, 1~il9). How-ever, other than under Article 236, there may be no attachment of a foreign aircraft. in service on a scheduled airline, or of non- scheduled airliner when it. is ready for take-off, provided that the State of registration of the aircraft grants the same treatment on its territory to Moroccan aircraft. Iii regard to other aircraft which nniy be. attached, such attachment~ shall be lifted immediately when a sufficient guarantee is deposited. Art. 25. Recordat~on. Any change in ownership in an aircraft. by act /nter ~ivO$ or by death, any judgment changing, establishing or declaratory of ownership, any act establishing or extinguishing a mortgage, any rental contract. and any court record of attachment or attachment in execution, shall be without effect as to third parties unless there is a recorda.tion in the register. The recordation formalities shall be specified by ordinance of the Minister of Public Works. TITLE II. AVIATION PERSONNEL CHAPTER I. GENERAL PROVISIONS Art. 26. Categories of personnel. Aviation personnel referred to in this decree includes, on one hand, the flight personnel consisting of the PAGENO="0348" i~5O AIR LAWS A~D TREATIES OF THE WORLD members of the flight crew and the additional personnel and, on the other hand, the technical ground personnel. Ji t. 2~. Licen.ses and quaiification~s. No one may perform any func- tion as member of the flight crew of a Moroccan aircraft or any tech- nical function such as flight controller, maintenance mechanic, tech- nical operations official, if he does not have a valid license corresponding to his functions. On such license there may be mention of certain data, called quali- fications, granting to the holder certain privileges or subjecting the exercise of the license to certain conditions or restrictions. Art. 28. Competent aat/wuity. The chairman of the Aviation Board issues, renews, or validates licenses and qualifications in accordance with the provisions of this decree aiid ordinances issued in its applica- tion by the Minister of Public Works. ChAPTER II. LICENSES AND QUALIFICATIONS Art. 29. Pilots l~cen,s-es. Licenses shjiich aircraft pilots may hold. are the following: a) License of student pilot which permits the holder to receive practical flight instruction and to; increase his technique to the extent that he is able to get a license of a higher class, or to train with a view to renewal of a pilot's license which is no longer valid: b) Private aircraft pilot's license which permits the holder to fly any airplane which is not operated for pay; two classes of private aircraft pilot~s licenses may be created by ordinance of the Minister of Public Works; c) Private helicopter pilot's license which permits the holder to fly any helicopter which is not operated for pay; d) Professional aircraft pilot's license which permits the holder to fly a- pilot-in-command of any airplane used for private services or air work or for non-scheduled services on aircraft whose maximum weight does not exceed 5,700 kilograms and as co-pilot of any aircraft used for air transportation; e) Professional aircraft pilot's license which permits the holder to exercise the privileges of a professional pilot and further to fly as pilot-in-command of any airplane whose maximum weight does not exceed 14.000 kilograms and 20,000 kilograms on condition that the latter does not carry passengers for pay; f) Professional helicopter pilot's license which permits the holder to fly any helicopter used for pay for services of air work or commercial transportation; g) Line pilot's license~ which permits the holder to exercise the privileges of a professional pilot first class and to fly as com- mander of any airplane in scheduled air transportation: Ii) Glider pilot's license which permits the holder, according to the class of his license, to fly a glider with or without passengers. Art. 30. Qua72fi~ftwitx of 1;7~t~. The (1Ilaiili~atiomms wl~~ch may be mentioned oii a pilot's license are the following: a) Qualification of type specifying the type of aircraft used in the examination for the license; PAGENO="0349" AIR LAWS AND TREATIES OF THE WORLD 1751 b) Qualification for instrument flight which permits the holder to fly an aircraft under instrument flights rules (I.F.R.) c) Qualification as flight instructor which permits the holder to give flight instruction under the conditions specified by ordi- nance of the Minister of Public Works: d) Qualification for low level flight which perni its the holder to do agricultural air work. Art. 31. Other members of the fl;ght crew. The navigators, flight. mechanics, radio navigators who, with the pilots, constitute the flight crew of an aircraft, must hold licenses permitting them to perform their respective functions aboa rd any aircraft. The license as radio navigator may be issued only to the holder of an operator's certificate as radiote.legrapher issued by the Postmaster General. The qualification for radiotelegraphonv may only be issued to a radio navigator who holds a general certificate as radio telephone. operator issued by the Postmaster General. The qualifications for radiotelephony mentioned on a radio navigator's license, permits the holder to take care, aboard the aircraft, of the radio communications in the languages which he has proved sufficient knowledge. Art. 32. Ground personnel. Licenses as flight controller, for which there exist three kinds of qualifications, airdrome control, approach control, and regional control, permit the holder to perform the func- tions corresponding to the qualification specified. Licenses as aircraft maintenance mechanic, of which there may be several categories, permit the holders, in the absence of an approved organization, to issue a maintenance notice or flight safety certificate following a minor repair or modification or to attest that an aircraft is airworthy following an overhaul, repair or modification. Licenses as operations technician permit the liohier to be employed within the framework of an approved mel hod of flight supervision. Art. 33. ~4dd/t;ona7 persoi~ne7. No license is requtire(l for the a(ldi- tional flight personnel such as stewards or ste\vardesses who may. how- ever, hold qualifications or certificates such aid and rescue certificates. Art. 34. C~onc7;t;om~ fo he fu'7~77cd dl?I (.i~fi1, ;ioifroii.~. The condi- tions of age. physical and mental health. knowlel~e both theoretical and practical, experience and aptitude which ean(Ticlates for licenses must. fulfill, the qualifications and certificates enumerated in the pie.- ceding articles, and the examinations and tests they must take, shall be specified by ordinance of the Minister of Public Works in accordance with the provisions of the international regulation in force. The various examiners shall be appointed by the i\l~in~ter of Public. Works on the nroposal of the chairman of the Aviation Board and, insofar as the physicians are concerned who must determine the physi- cal and rneuital health of the candidates, a fter obta iuuing a report from the Ministe.r of Public Health. Every candidate must pay an examination fee the uuìiount of which shall be determined by the Minister of Public Works, after obtaining a report from the Minister of Finance. Art. 3.5. I.~.suaiuce and renewal of 7icen.se.~. The chairman of the Aviation Board shall issue to the candidates who have successfully passed the examinations and tests, a license which, in regard to format, PAGENO="0350" 1752 AIR LAWS AND TREATIES OF THE WORLD color, data and annotations, is set up in accor(lance with the provisioilS of the international reglilation in force and is in Arabic and French. Licenses are renewed on request presei~ted before the expiration of the validity specified by ordinance of the Minister of Public Wrorks, on condition that the applicant still has the required competence and that his physical and mental health is satisfactory. The qualifications shall remain valid during the time of validity of the licenses oii which they are noted. Art. 36. TTaldation. When a license or a qualification has been is- sued by a competent authority of a foreign State, the chairman of the Aviation Board may either recognize and validate such license or qualification, or issue a new license and mention therein the same qualification if the conditions of their issuance are at least equivalent to the minimum conditions specified in the international regulation in force. (ILAPTER III. FLIGHT COMMANDER Ait. 37. F7;~kt coounander. The functions of flight, commander are normally exercised by a pilot. In case of disability, disappearance, or death of the pilot acting as flight commander, command of the aircraft. shall be exercised by the other members of the crew in the order in which they appear in the crew list. The functions, rights, duties, and responsibilities of the pilot-in- command are defined in this decree and the ordinance of application thereof. CHAPTER IV. DURATION OF WORK DURING FLIGHT Art. 38. Duration of worZ~. The duration of work of the profes- sional aviation personnel in public transportation and air work shall be specified by ordinance of the Minister of Public Works. Art. 39. Flight hooA~. Any holder of a license as flight officer must possess a flight book, the model of which is specified by ordinance of the Minister of Public Works, and in which the kind and duration of flights he makes are recorded. Such book must be submitted to the control services on their demand and to the Aviation Board at the time of issuance, renewal or valida- tion of a license. For purposes of this article, flight time is the time elapsed from the moment when the aircraft begins to move under its own power for take- off to the moment when it stops at the end of the flight. TITLE III. AIRDROMES (`IJAPTER I. GENERAL PROVISIONS rut. .4(1. i)CE1?;t~~1~. For purposes of this decree and all ordinances 01' other enactments 1)~1ssed ill application thereof, an airdrome shall be (Teemed any given surface on land or water intended in whole or in part for the arrival, departure and maneuvers of aircraft and iriclud- itig, if iiecessarv, buildings, installations and material for the needs of aircraft traffic or service. I ,i. 4!. liut,1. Except in the ease of toice nlael,l'e or of aid and salvage operations. aircraft may land or take off only on regularly established airdromes or on land specially authorized for such use. PAGENO="0351" AIR LAWS AND TREATIES OF THE WORLD 1753 CIL\PTER II. ESTABLIShMENT OF AIRDROMES Art. 42. ~State au~lponIes. The Minister of Public WTorks shall estab- lisli, maintain or modify, in conformance with the provisions of the international regulation in force, airdromes, and aids and facilities necessary for national and interiiational air services. The procedure for expropriation ahl(l teniporarv occupation shall be applicable to the establishment or enlargement of airdromes. J1t. 43. A~Jiornes vi~dev 7kem~e. At the request of an owner of land, the Minister of Public Works, after a techiiical investigation, may issue an airdrome license which permits the use of such land as airdrome. The license shall contain conditions which the Minister deems neces- sary to ensure compliance with the provisions of the international regulation in force, and the safety of aircraft using the airdrome. The owner of an airdrome under license may not modify the ma- neuvering area without written authorization from the chairman of the Aviation Board. Art. 44. Aut/wri~e~-l au'clromec. The chairman of the Aviation Board may authorize, under certain conditions specified in the author- ization, the use as airdrome of any other place by aircraft of certain types, or used for certain air services. Art. 4.5. Appvopriations. A decree issued on the joint proposals of the Ministers of Public Works and of National Defense shall specify the appropriations for State airdromes, and the principal contributor shall be in charge of airdrome control and approach lanes. Art. 46. Thibije arcironIe.s~. The Minister of Public Works shall des- ignate by ordinance the State airdromes and the airdromes under license w-hich ale open to public flight, i.e.. which may be used by any aircraft which has the technical characteristics corresponding to the specifications of the airdromes as adopted by the international regula- tion in force. I-Iowever, the use of such airdromes may be subject to restrictions and may even be temporarily prohibited when safety condition or public order so require. The opening of airdromes for public use, the restrictions or ternl?o- rary prohibitions shall be dealt with in aviation information bulletins or N.O.T.A.M.'s. CHAPTER III. AVIATION ENCUMBRANCES Art. 47. Aviation e~ieumbrances. In order to ensure flight safety there shall be instituted on the limits of airdromes opeii to public air traffic and on the limits of aids to air navigation, installations of safety and of aviation telecommunications, and along the air routes special encumbrances called "aviation encumbrances." Art. 48. Restrictions and mar/~ing. Aviation encumbrances shall include: a) Prohibitory encumbrances including a prohibition to create or the duty to remove obstacles susceptible of constituting a dan- ger to aviation or interfering with the operation of aids to naviga- tion or safety devices established in the. interest of air navigation; b) Encumbrances to provide beacons including the duty to provide, or to permit the providing of visual or radioelectric de- PAGENO="0352" 1754 AIR LAWS AND TREATIES OF THE WORLD vices on certain obstacles or locations which are intended to signal the presence thereof to air navigators or to permit identification thereof. The manner of establishing the above mentioned encumbrances shall be specified by ordinance of the Minister of Public Works, in con- formity with the provisions of the international regulation in force. Aft. 49. Plan fw~ rest tio~S. For each airdrome or other installa- tion specified in Article 4T, a plan for restrictions shall be established by the chairman of the Aviation Board which, after investigation, shall be approved by the President of the Council on the proposal of the Minister of Public Works. T~pon publication of the decree of approval in the Buiietn Offlckl, the encumbrances shall be in effect as to the property involved. Within the area specified in the plan for restrictions, there may be ordered the removal or modification of structures, enclosures, plantings or other obstacles dangerous to air traffic and the height of which ex- ceeds that provided for in the plaii; the establishment of such rest.ric.- tive encumbrances shall give rise to a compensation which is propor- tionate to the damage caused. The procedure on expropriation, if any, shall be applicable. Within the area specified in the preceding paragraph it shall be prohibited, without written authorization from the Minister of Public Works~ to build new structures. to make existing structures higher~ to make plantings or installations contrary to the plan for restrictions. Any violation of this provision shall give rise to the penalties provided for in Part III of this decree. Aft. ~5O. Other encumbrances. Outside the areas under restrictive encumbrances, any installation which, due to its height, may consti- tute an obstacle, or danger to air traffic, shall require a special author- ization from the Minister of Public Works who may subject such in- stallation to such conditions of planting, height, and marking as is compatible with the sa.fety of air traffic. Art. .i1. Beceoi~-s. By ordinance of the Minister of Public Works there may be prescribed: a) Day and night beacons or beacons for day or for night on all obstacles which he deems dangerous to air traffic, including the non-usable parts of the maneuvering area of an airdrome; b) The establishment of visual or radioelectric devices of aid to air navigation which lie deems useful for the safety of air traffic; c.) The removal or modification of any visual device susceptible of creating confusion with visual aids to air navigation. For the installation of beacons specified in the first paragraph of this article, the government has the right to build supports, to enter, to cut trees, to remove branches and to install them on outside walls and roofs. The cost of installation, operation and maintenance of aviation beacons shaH be borne by the State except for transmission lines for electricity or aerial transportatioii belts, the marking of which shall be at the expense of the operator. ChAPTER IV. OPERATION Art. 52. 31a.nagement. Airdromes established by the State shall be managed by the Aviation Board which also shall have control and PAGENO="0353" AIR LAWS AND TREATIES OF THE WORLD 1755 supervision of all other airdromes whi(h are iiianaged iii accordance with the terms of the respective license. ~Iit. 5.3. I1~teI7u/t~onal ai'di~omes. The Muiister of Public W~orks, in accord with the Minister of Finance and of the Interior, shall designate by ordinance, among the airdromes open to public air traffic, on one hand, the so-called international airdromes on which are, either permanently or under certaiii conditions, services of immigration, po- lice, health, agricultural quarantine and customs an(l, on the other hand, border airdromes where all aircraft not expressly exempted from such (luty under this decree must land upon entering Moroccan territory or leaving such territory. By decree of the President of the Council, free airdromes may also be established on Moroccan territory. i~t. 54. j;i'di'onme~ wet/b llglit ce,it,o7. The Minister of Public Works shall designate by ordinance among the airdromes open to pub- lic air traffic such airdromes on which there is a service of fight con- trol and, if necessary. approach control. On such airdromes the movement of l)e1Solis and service vehicles in the maneuvering area shall be controlled in order to avoid all risk for them and icr aircraft lan(lumg, taxiing on the ground, or taking oil. Jit. 55. Pi~oh~iton of eicmilc'tion. It is prohibited to anyone and to any vehicle to go on, or be, or to permit cattle or draft, carrying, or riding animals to go on, or to be in the maneuvering area of airdromes open to public air traffic. Violators shall be i)UniShed by the l)enalt.ies provided for in Part III of this decree and they may also be deprived of all rights to compensation for accidents which occurred while they violated the provisions of this article. Ai't. SC. Ai'cli'oine conim.ai~c1ei'. The Minister of Public \Vorks shall appoint, for each airdrome under the jurisdiction of the Aviation Board and on the proposal of the chairman, an airdrome commander chosen from the flight personnel. The commander of any airdrome shall have authority over all em- ployees and services on such airdrome dealing with safety, air traffic, technical operations, commercial operations, and maintenance of in- stallations and buildings. In genera], he shall have control of all air authorities on tile airdrome and shall coordinate oH other services located thereon. On international airdromes and border airdromes the airdrome commander sli all coordinate the administrative services of the services of the~ i mm iiiration, customs, beak ii and p01 ice which shall remain under tile jurisdiction of their respective administration and shall exercise their functions with complete independence. On airdromes under license open to public air traffic an airdrome commander appointed by the owner or operator of the airdrome shall exercise the functions specified in the second paragraph of this article in regard to the personnel employed on the airdrome. CHAPTER V. PAYMENTS A,t. 57. Fees and payrn~enfs. On all airdromes open to public air traffic the following payments and fees may be charged: Landing fee; Additional fee for landing or take-off at night; 39-737-5j.5-vol. II--23 A PAGENO="0354" 1756 AIR LAWS AND TREATIES OF THE WORLD General shelter fee; Parking fee; Payment for occupation of a public building; Payment for use of tools of the airdrome; Fee for passengers and freight; Fee for visitors. Base scales and rates and reductions and exemptions7 if any, shall be determined by decree of the President of the Council on the pro- posai of the Ministers of Public Works and of Finance. Art. 58. Collection. The fees and payments enumerated in the preceding article shall be collected for the benefit of the State. However, on an airdrome open to public air traffic which is not operated by the Moroccan State, the President of the Council, on the proposal of the Ministers of Public WTorks and of Finance, may authorize the collection of certain fees and payments for the benefit of the air(lrome operator, in accordance with the scales and rates pro- vided for in paragraph 2 of this article. CHAPTER VI. INFORMATION CONCERNING AIRDROMES Art. 39. A caton information. All information concerning air- dromes and their characteristics, aids to air navigation, telecommuni- cations installations, shall be contained in aviation information bulletins and, if necessary, N.O.T.A.M.S. The classification of airdromes shall be made in accordance with the characteristics defined in the international regulation in force. TITLE IV. SERVICES AUXILIARY po Ant NAVIGATION Art. 60. Auxiliary services. Services auxiliary to air navigation are deemed all services operated to ensure the safety, regularity and efficiency thereof, such as air traffic control, aviation telecommunica- tion. meteorological information, services of aid and salvage and aviation information. Art. Cl. ~ti~' tra~c ~en'ices. The Minister of Public Works, shall establish, modify or (lissOlVe the agencies intended to e.nsure the serv- ices of air tra the ahove Moroccan territory in conformity with the pro- visions of the inte.rnatioiial regulation in force; by deci'ee and in con- formity with the recommendations of regional aviation conferences, he shall (let ermine the limits of the. lart of the airspace-region of flight infountation. region of control, zone. of control, routes and air `vav~-in whhh the services of flight information, of control and vigi- lance are ensured. The limits of the various parts of the airspace, the centers of Con- trol or flight information and all othe.r information concerning the various services of air traffic, shall be dealt with in aviation informa- tion bulletins (A.T.P.) or N.O.T.A.M.S. ~1 it. C.-?. jI(t(o,-olor///. The con(litions concerning furnishing by the national metereolog~eal service of metereologica] information neces- sary to ensure reliable., economical, and regula.r air traffic, shall be spec~hed by ordinance, of the Minister of Public Works. Only observations, predictiomis and other weather information pro- vided by the above services shall be used in the preparation, perform- ance and control of flight. PAGENO="0355" AIR LAWS AND TREATIES OF THE WORLD 1757 Art. 63. Telecom.municafion~. The Minister of Public Works shall take the measure.s he deems necessary for the establishment of a na- tional network of aviation telecommunications in accord with the Postmaster General, and of aids to air navigation; he shall ascertain that owners and users of civil aircraft comply with the safety rules established by this decree and the ordinances issued for its application. Any system and equipment of radio-communications and aid to air navigation now existing or to be established shall be under the control of the Aviation Board; the. owners of such equipment and the orga- nizations in charge of air transportation must comply with the instruc- tions of the Aviation Board in order to improve, by adequate distri- bution of existing equipment., the systems of aviation telecommunica- tions and aids to navigation along the national and international air routes. Art. 64. Search and salvage. The Minister of Public Works, in cooperation with all other Ministries and services concerned, shall provide a search and rescue service in order to assist aircraft in an emergency or involved in an accident. or to find aircraft in conformity with the provisions of the international re~ulat.ion in force. Aircraft of the carriers and all other aircraft must participate in search and rescue operat.ions within their capacity. If he find it neces- sarv, the chairman of the Aviation Board may requisition all aircraft, vehicles and other craft. The cost of search and rescue shall be charged to the owner or oper- ator of the aircraft in question. Art. 6.5. Aviation information. In conformity with the provision of international regulation in force, the chairman of the Aviation Board shall draft, publish, and keep up to date an aviation informa- tion bulletin (A.I.P.) and shall issue notices to air navigators (N.O.T.A.M.) The Aviation Board shall exchange its aviation information bulle- tins with those of similar services in interested States and shall dis- tribute the N.O.T.A.Ms. in accordance with the recommendations of the regional aviation conferences. The location of the international N.O.T.A.M. bureau for Morocco shall be determined by the chairman of the Aviation Board. Art. 66. Information centers on ardroines. On all international airdromes in Morocco and, if necessary, on other airdromes, aviation infonnation centers shall be established under the. control of the chair- man of the Aviation Board, with the task of furnishing to the crews and operators all information useful for flight preparation and essen- tial for the safety, regularity and efficiency of air navigation on the trunk routes leading from the airdrome. Trrr~E V. CONDITIONS AND RULES OF AIR TR~mc ChAFFER I. CONDITIONS OF AIR TRAFFIC Art. 67. General conditions. No aircraft. may fly over Moroccan territory, land thereon, or take off therefrom, unless it fulfills the fol- lowing conditions Bears the marks of nationahit.y and registration in accordance with chapte.r 111 of Title I of Part I of this decree; PAGENO="0356" i7~S AIR LAWS AND TREATIES OF THE WORLD is airworthy in accordance with the provisions of Chapter IV of Title 1, of Part I of this decree Is flown by fl~itl~t 1)(~1~sofl11eI in possession of valid and appro- pliate I icenses and qnalihcatioiis: Is pl0\~i(le(l \Vithl the documents enumerated in Article 68 (~oniphies with the rules of this decree in regard to flight, and maneuvers. TThwever, the ch~iii~nan of the Aviation Board may waive certain cOnli t ions spec~ tied al cve `for an ~i irciaft which makes test or practice tii~hits ovet Moroccan telTitorv or winch is flown to a pl~1ce for illaili- tenalice. overhia ill or repair. I ~f. i'~. F/~oi~ t `/ocu,Jicl t.~. Other than under an exemption P'°- vided for iii 1)ara~raph ~ of Article GT, all aircraft in flight must have tile fohlo\viinr (tnc1uneIlt~: ~) ih~ristratioii certificate; 1)) Airworthiness certificate; ~\ [a i ntenance rheet d) Licenses of the flight personnel; e Flinht lo~r: f if ~pphic~ibie. a license for the radio station aboard; ~i) hf it t1~UL-pOrtS passengers, a list, of names showing points of departure all(i clest mat ion: h) if it transports freight. the airway bills and the manifest. j,t. ;i. F7;.~~i~t 7oq.~. The flight log which specifies the marks of the a iicraft. the name of the manufacturer, the name, nationality and doniicile of the owner anti the home port, shall show the following for each flight : date, names and functions of each niember of the flight crew, plate and hour of departure, hours of arrival and departure, hours of arrival aiid departure at each intermediate stop, duration and nature of the flight (private, airwork. scheduled or non-scheduled transport) incidents or observations, signature of tile flight com- mander. and, if necessary. visas of tile authorities of customs, imini- ~ration or aviation. The pi1ot-ii~-comiuiand shall be responsible for keeping the flight, log UI) to (late. Ait. ~`O. i?u'lio el]ll//)mel't. Any aircraft used for public air tra~is- port service and such other aircraft as may be specified by the. chairman of tile Aviation Board, must he equipped with radio equipment corre- 5pon(l~iig to tile operating conditions of tile aircraft. A license permit- 1mg installation end use of the e(Iuipnielit is issued by the Postmaster General. ( )nly the lalder of a license for radio navigation pio~uded for in Art ~cIe :A of this (leree may use such equipment. ( onulliluicat ions exchanued with aircraft. by radioteleRTapli end radiotelephone must be Ian ned to safety and regularit of air traffic. Any private conversation is I)rohlibited except as permitted iW oidi- naiice of tlìe Postmaster Gent'iai in accord with the Minister of Public Works and tile Minister of Finance if a fee is involved. When a Morroccan aircraft makes a flight abroad, its radio equip- ment must be used in conformity whit the regulations of the State overflown. When it. flies over Moroccan territory or lands thereon, any foreign aircraft equipped with radio must have a license issued by the. conipe- PAGENO="0357" AIR LAWS AND TREATIES OF THE WORLD 17~59 tent~ authority of the State where it is iegi~tered. and such equiJ)ment univ only be. used by such ineiiibeis of the. fli~'hit crew who have the al)l)1Opria~e license. A it. 71. ~ (f/ni 7~c;i. Any foreign a ircraft arriving on Moroccali territory or leaving it. must. laud on a J)oI(lcr a i r(lronle ex- cept when such duty is expressly waived by an article of this decree. At the arrival or del)art nrc of an a i ic ra fi at any place. tlìe corn- l)etellt aulliority and particularly t lie a l1(ironlc (ouhlIRIllder have the ri2hIt.to visit the aircraft and to inspect the cerlithates and documents sI)eclfied in Article GS. On arriving or leaving Moroccan territory, and during their stay there, all aircraft must coniply with the provisions of this decree and all ot]~er laws of Morocco, in l)articular those. concerning a(lrnittance of crews, passengers and freight, and formalities of inunigration, passports, customs and quarant inc. rn chairman of the Aviation Board shall specify in the aviation information bulletins the information to e submil ted on arrival or departure by the crews and the passengers who ililist comply with such rules. Passengers may further he required to sho\v their tickets. Ait. ~`2. P,ohib~te(L, re$tfiCte(l, 01 dclu7el aiea.~. Far reasons of military necessity or public order, the Minister of Public \Vorks may declare aiiv ~iIit. of Moroccan territory a prohlil)it ed or restricted area; lie n iay also (Tech a ic a danger a ~ea a nv regi on aI jove ~vl ii cii cert a in ac- tlvitiesinay constitute a. danger to air traffic. No aircraft. may fly over a. prohibited area. Above restricted or danger areas, and the restrictions lifl(l I ni~tat ions on fleih~t over the latter two kinds shall be dealt. with in aivation ~ ion bulletins of ~.O.T.A.M.S. \Vhen the pilot-in-command notices that the aircraft is over a 1)10- h11l)lted area, or above a restricted or danger area, in violation of the prescribed conditions, he must. move away, report to the nearest flight control service and land at. the airdrome sl)e(~ified by that service. Alt. ~`3. F7;q/it ;i~tiii.et;on. ai~i. No aircraft may fly over areas designated by the Minister of Public Works as flight instruction or training areas or areas reserved for low level or acrobatic flight. The limits of such areas shall be specified in aviation ultormation l)Ulletins. Alt. 74. P/iofogi'apliy. The Minister of Public Works may pio- liibit. or regulate the transportation and use. of photographic equip- ment on aircraft. during flight~ over all or part of tue Moroccan tern tory. Vertical photographs may onl l)e taken b the holder of a license or authorization for air work mentioning specifically aerial photo- graphiv or topographic surveying. Ait. 75. Pioli;7,ted triimsportr~t;on. Transportation of munitions or war materiel may not be made by any aircraft over Moroccan tern- tory, nor by any ~\[oroccan aircraft. flying to another country, without. written authorization from the Minister of Public. Works. Transportation of any other article which may endanger the safety of an aircraft and the persons aboard, must. be made in conformity with the instructions of the chairman of the Aviation Board. PAGENO="0358" 1760 AIR LAWS AND TREATIES OF THE WORLD CHAPTER II. RULES OF AIR TRAYJf IC Section 1. Prelhnina.ry provici.on~ Art. 76. Scope of application.. Any aircraft on Moroccan territory or flying over such territory must observe the rules of air traffic speci- fied in this chapter and the system of lights and signals specified therein. Moroccan aircraft outside Morocco also must observe such rules and system of lights anti signals unless the. State over which they fly has other provisions. Art. 77. Re.~pon.9'bility of the commander. The pilot-flight com- mancler, whether or not. he. is at. the controls, shall be responsible for the direction of the aircraft according to the general rules defined in Articles `iS to 92; subject to contrary instructions by the services of air traffic control, lie shall decide, after checking meteorological and other conditions, to fly either under visual flight rules (V.F.R.) or under in- strument flight rules (I.F.R.). He may diverge from the various rules only when he considers it. absolutely necessary for safety reasons. The pilot -flight. commander shall have the responsibility to comply with the instructions received from the respective services of air traffic control. No provision of this chapter shall exonerate the pilot-flight corn- mander, any member of the crew, the owner, or lessee of an aircraft from the consequences of negligence in the care and the precautions re- quired in aviation, or particularly in any specific case. Sect'~on 2. Fliqht preparation Art. 78. Preparation by the commander. Before leaving on a flight the pilot-flight, commander shall take notice of all available and useful information for the flight planned. For a flight beyond the immediate area of the airdrome and for any instrument flight (I.F.R.), he must study the meteorological bulletins and forecasts concerning the route to be followed and the stops, t.he aids to navigation and t.he condition of the facilities and airdromes, the rules and procedures of control re- garding, the flight planned. Whenever this decree so provides, the pilot-flight commander shall furnish to the competent agency of air traffic control, all information concerning all or a part a planned flight, in form of a flight plan, either before departure or during flight. Art. `19. Fl;ghe plan. A flight. plan must be deposited prior to any instrument. flight (I.F.R.) made within a controlled part of the air- space, on routes or in regions where there is consulting service or in other parts of the airspace where the air traffic services require it. In order to facilitate the alerting service and search and rescue oper- ations or as a means of identification, the Minister of Public WTorks may also require deposit of a flight plan before any flight over c.ertain areas, along certain routes or in the case of crossing of borders. Such rule shall be dealt. with in an aviation information bulletin or an N.O.T.A.M. The contents of a. flight plan, its establishment, modifications and closure shall be determined by ordinance of the Minister of Public Works. PAGENO="0359" AIR LAWS AND TREATIES OF THE WORLD 1761 Section 3. General traffic miles Art. 80. Prohibitions. It shall be prohibited to fly oil aircraft iii negligent or imprudent, manner which may endanger t lie aircraft, or persoi~s or pI~ope.i't.y on the ground. It shall be Prohibited to execute acrobatics, when it may lead to dan- ger to airtraffic : without written permission of the cliairmiui of the Aviation Board, no acrobatics may be executed above towns, heavily populated areas and open air meetings of people. An ordinance of the Minister of Public Works shall determine safety rules to he ol)Served in the execution of acrobatics. It. shall be prohibited to any person who is under the influence, of alcoholic beverages, of narcotics or drugs to fly an aircraft or to act as crew member. ;lrt. 8!. 3fii~im~i.in alt/hide. Without authorization from the chair- man of the Aviation Board no flight above cities, heavily populated areas, or open air meetings of people may he. made except at. an altitude which, in case of emergency, permits a landing that (Toes not. endanger persons or property on the ground. Except. as provided in paragraph 1 of this Article no aircraft may fly above cities, heavily populated areas, or open air meetings of people at altitudes of less than 500 metres by day, and 1.000 metres at. night., and elsewhere at altitudes of less than ~50 metres by day and 500 metres at. night, such altitudes to he figured above the highest, obstacle within a radius of 600 metres around the aircraft. Such minimum altitudes do not apply: a) to landings and take- offs; b) to cases of force majeure; c) t.o flights for air work made. in accordance with a general or special authorization from the chairman of the Aviation Board; d) to training flights above areas desiguated for that purpose by the chairman of the Aviation Board. Art. 82. .Jett'isoning. No object or matter which may endanger persons or property on the ground may be thrown or dropped from an aircraft.. Excepted from this prohibition are: a) ballast of fine sand or water: b) in case of necessity, fuel or other objects which have become dangerous, but. the jett.isoning must take place above a. region where it cannot constitute a danger; c) during salvage operations, provisions and pieces of equipment. The chairman of t.he Aviation Board may also authorize and pre- scribe t.he necessary safety measures, for the dropping of objects of all kinds, including mail, over inaccessible places or under special circumstances, and the dropping of various products during agricul- tural air work. Art. 83. Va.riovs operctioii.s. The following may be performed only with authorization from the chairman of the Aviation Board and in accordance with specified condit.ions: Parachute jumps of persons, except in case of force majeure; Towing of objects; Liftin~ of p~rsons or objects on the ground b an aircraft in flight. Sectioii 4. Prevention of coUi.sion~s Art. 84. Necessary `vigilance. Necessary vigilance of the flight personnel of an aircraft shall not be relaxed at any time, in order to PAGENO="0360" 1762 AIR LAWS AXD TREATIES OF THE WORLD disclose any risk of a collision: no provision of this chapter shall rep- resent a (llspensatloll for the pjlot-in-command of his duty to take the best possible measure to avoid a collision. A it. 8.5. (7o~ce d?$tance. No flight maneuver may be executed at such close distance to another aircraft that it may cause the danger of a collision: other than under paragraph 2 below, no aircraft may fly at less than ,i0( metres horizontally, and 150 metres vertically near another aircraft. Aircraft shall fly in formatioii only after advance agreement of the commanders and after notification of the air traffic services, and only by day arid under V.M.C. weather conditions. Ait. 86. J?i~ght of iray. The aircraft. which has the right of way shall keep its heading and speed. and the one which must give the right of way, shall avoid passing above or below, or crossing, except at consideral)le distance. When two aircraft approach each other head on, or nearly so, and there is danger of a collision. each shall alter its heading to the. right. `When two aircraft are. on converging courses, at. approximately the same altitude, the aircraft which has the other on its right must give the. right of way. and it shall be. understood that aircraft heavier than air shall give the right of way to those that are lighter than air : dirigibles to ~liders arid balloons, gliders to balloons. and motor- driven aircraft to a ii'eiaft towing other a iieraft or objects. If an aircraft is being passed by another aircraft, it shall have the right of way, and the passing aircraft, whether climbing, descend- ing or flying horizontally, shall give it the right, of way of altering its course to the right : this duty shall continue as long as it has not. com- pletely passed the other aircraft and left it behind. In the sense of this paragraph. a passing aircraft shall be one which approaches another aircraft from behind following a trajectory form- in~ an an~le of less than 70° with the plane of symmetry of the latter, ,`.e.. in such a relative position to the other aircraft that it would be impossible at uii~ht to see any of the. forward navigation lights of such aircraft. Sect ~`oii 5. Ti~iffic on and peru' ah'di'omes ~ $7. G~eic7 ui/c. An piiot-fli~ht coivimander maneuvering an aircraft on or near any airdrome, whether or not this is inside the traffic zone of such airdrome, must Watch traffic on the airdrome so as to avoid a collision: Follow the traffic patterns of the other aircraft which are circling. or stay completely apart Make only left turns during a landing approach or after take- off. except on different instructions from the chairman of the Aviation Board in regard to a specific airdrome or received by radio, visual shrrials or otherwise. from the air traffic controller: Land or take off, as much as feasible, into the wind, except where safety or the necessities of air traffic impose a different direction. In the sense of this article, the zone of traffic on an airdrome is the airspace of deflned (limenslons aro'md such airdrome and established with a view to the protection of traffic on the airdrome. PAGENO="0361" AIR LAWS AND TREATIES OF TI-IE WORLD 1763 J,t. 88. Lain//ny aiid tai~e-off. An aircraft in flight or nauleuvring on the ground or on water must give complete right of way to any aircraft iii process of landing or of linal approach. When two heavier-than-air aircraft approach an airdrome for a landing, the one with the greater altitude shall give the right of way to the aircraft with the lower altitude~ but the latter may not use this rule to fly ahead of another aircraft making a final approach, or to pass it: however, motor-driven aircraft niust give tile right of way to gliders. Any aircraft which knows that another aircraft must make an emergency landing shall give it the right of way. Any aircraft about to take off may not do so when there is an obvious danger of collision with other aircraft. Ai't. 89. (`onti~o7led ciiicli'omes. On airdromes with a control tower in service, the pilot-in-command of an aircraft in the airdrome traffic must: Constantly listen on the frequencies authorized for communi- cation with air traffic control or, if that is not possible, be ready to receive any instructions which may be transmitted by visual signals, and By radio or visual signals, obtain prior authorization for any maneuver before or during taxiing, landing, or take-off. -1it. 90. Jiidiomc.~ and fle7d.s wit/wet runways. On airdromes or landing fields when there are no runways, or where tire taxiing of aircraft is not limited to prepaied runways, the pilot-in-command, on lanclmg and take-off, must observe the following rules as much as possible: On landing or take-off, reasonable room must. be left to the right of another aircraft which is landing or taking off: Taxiing must usually be made. in the (lirection of the landing; however, the landing area may be crossed provided all turns are made to the left and that~ free room be left for other aircraft landing or taking off. _Iit. .91. suspension of miTes in this chapter. The chairman of the Aviation Board may, for certain airdromes or landing fields, suspend, in whole or in part, the application of the rules in tins chapter. -lrt. ~1. JLiiw~, ~ on uafei'. Any ai icraft. in flight. maneuvring near tile water surface, landing thereon, or taking off therefrom, must, as much as possible. keel) at a distance from all ships and avoid to hamper their navigation. Any aircraft on water must comply with the International Regula- tion for the Prevention of Coliisions at ~ annexed to the final act of he London Coifereiice of I ~)4S for t lie savilig of h'~~n'n~ life at sea. Further, the following rules must be observed liv all aircraft in re~nid to oilier aircraft and ships: When the aircraft an(l a ship api)IoiiCh each other, and there is risk of a collision, the aircraft must maneuver with caution considering the circumstances, and particularly tile maneuver- ability of the aircraft or the ship: \Vhen two aircraft or on aircraft and a ship are on converging courses, the aircraft which has another aircraft or a ship on its right must give the right of way and keep at a distance PAGENO="0362" 1764 AIR LAWS AND TREATIES OF THE WORLD When an aircraft approaches another aircraft or a ship head oil, or nearly so, it must alter course to t.he right and keep at a distance; An aircraft or a ship which has been passed, has the right of way, and the passing aircraft must. alter course to the right and keep at a distance. Section 6. Vi~uai Flight (V.F.R.) Art. 93. Prohibition. Except with authorization from air traffic control no aircraft on visual flight rules (V.F.R.) may take off from an airdrome located in a control area nor land thereon, or enter the area or flight. pattern of an airdrome when the visibility on the ground is below 8 km and the ceiling below 450 m. Visibility on the. ground shall be judged by an accredited ground observer and, in his absence., by the pilot in command on his own responsibility. Visibility in flight shall be. judged from the pilot's seat by the pilot in command, who must consider weather conditions, brightness of the sull, and all other conditions which may limit visibility. A i't. 94. Fl.igk t ui~der V.F.R. in a controlled area. Except for para- graph 2 of this article, visual flights may be made in a contr&lled area when visibility in flight is not below 8 Inn, provided that the aircraft stays at. a. distance from clouds which is equal to or more than 1.5 Inn horizontally and 300 m vertically; however, inside a control area visual flights ma be. made under different c.onditions with aut.horiza.- tion from tile competent. a.ir traffic. control agency. Between sundown and sunrise no visual flight may be made in a controlled airspace without. express authorization from the chairman of tile Aviation Board. Art. 9~. F7ighf vnder V.F.R. outside a controlled area. Visual flight. ma be made outside a. controlled area: a.) At an altitude of less than 200 metres above the gi~oirnd pro- vided t.ha.t. visibility in flight is equal to, or more than 1.5 km and that the. aircraft remains outside t.he. clouds and in view of the. ground or water: however, a helicopter may fly in such area of the. airspace where. visibility in flight is less than 1.5 km. but at least equal to S00 m, provided that its speed permits the pilot in command to ~ee any other aircraft or obstacle in good time to avoid a collision: or b) At an altitude equal to or more than 200 metres above the ground provi(lecl that. visibility in flight is equal to, or more than 8 km and that the aircraft flies a.t. a distance. from the clouds equal to, or more than 1.5 km horizontally and 300 m vertically; when the flight controller authorizes it., a flight uiider V.F.R. may be made when visibility in flight is less than 8 km but. at least 1.5 km. Any level flight under V.F.R. at an altitude equa.l to, or more tha.n 900 in above the ground, shall be made. at. one of the cruising altitudes corresponding to its magnetic course specified in the following table: PAGENO="0363" AIR LAWS AND TREATIES OF THE WORLD 1765 Quadrants for cruising altitudes (in metres) Magnetic course From 000° to 089° From 090° to 179° From 180° to 269° From 270° to 359° 1st Part 300 900 1,500 2,150 3.750 3,350 3,950 4,550 5,200 5,800 6,400 7,000 7,600 8,250 450 1,050 1,700 2,300 2,900 3, 500 4,100 4,700 5,350 5,960 6, 550 7, 150 7, 750 8,400 600 1,200 1,850 2,450 3,050 3,650 4,250 4,900 5, 500 6, 100 6, 700 7,300 7,900 8, 550 750 1,350 2,000 2,600 3,200 3,800 4,400 5,050 5,650 6,250 6,850 7,450 8, 100 8,700 2nd Part 3,950 5,200 6,400 7,600 8850 10 050 11 300 12 500 13,700 14,905 etc. 4,250 5, 500 6,700 7,900 9,150 10,350 11,600 12,800 14,000 15,250 etc. 4,550 5,800 7,000 8,250 9,450 10,650 11,900 13,100 14.350 15,500 etc. 4,900 6, 100 7,300 8,550 9,750 10,950 12,200 13,400 14,650 15,850 etc. Art. 96. I.F.R. following V.F.R. A pilot-in-command who makes a flight under \T.F.R,. a.nd wants to continue under I.F.R. must: a) Transmit changes in his flight plan if one has been sub- mitted, or b) Otherwise, file a flight plan with the competent air traffic controller if the flight is to be made in controlled airspace, on routes or in regions with a consulting service or in such other parts of the. airspace as are designated by the control agency; an au- thorization must. also be obtained from that agency before a flight under instrument rules (I.F.R.) in a controlled airspace may be made. ~S~ection 7. Flight U~v/er Inst ru.nu3nt Rules (I.F.R.) Art. 97. Prohi bit ~ A pilot-in-command may make an instru- ment flight, only when his license includes such qualification duly issued or validated by the chairman of the Aviation Board. An aircraft may not be flown under instrument flight rules when it is not equipped with the instruments prescribed by the chairman of the Aviation Board and with radio navigation equipment suitable for the route to be followed. Art. 98. Minimum flight altitude. Except with a special authoriza- tion from the chairman of the Aviation Board, and except for landing 911(1 takeoffs, instrument, flights may not be made at an altitude of less than 500 metres above t.he highest obstacle located within a radius of 8 kilometers from the aircraft in flight.. PAGENO="0364" I ~66 AIR LAWS AND TREATIES OF THE WORLD ~Anv other minimum all itude winch may be established by the chair- man of the ~viation liOar(l shall be dealt with in aviation information bulletins or X.O.T.X.Ms. A it. fl9. F7;qh t u/a/c c l.F.I~. ü~ coo t,o77ed space. In a controlled slmce 1 Before niaking a flight or part of a flight under I.F.R., an nutl~or1zat ion mu$ be obtained from the competent air traffic authority after (leposit of a flight plan ~ ) During a flight under I.F.ih ~o chiana'e may be made in the flight plam~, except in the cases. provide(l for; Pos~ition reports indicntui~ the time arid cruising altitude shall be transmit ted to the air traffic controller either when passing above pi'edetermined or speciiied points, or at pre- scl'lbe(l intervals: that agency shall also be noti lied as soon as the airiraft ienve~ the i'e~pective contiolleci space or lands. The applOl)1iate radio frequency must be monitored and it must be 1)oss~ble. when ue'es~arv. to establish two-way communication with the competent air t~affic controller. A it. 1i0. lii teiiajit~iii of iu/o (0/i tifet. When radio contact is i!lteIi'ul)ted. the pilot of an aircraft: i When weather con(lit ions permit visual flight, must con- tinue the flight under V.F.I~. and land at the nearest. airdrome and When weather conditjons do not permit visual flight, must continue time flight in accordance with the flight plan and attempt to reach the airport at which he was supposed to land at a time as close as possible to the time l)lannedl. Ait. 101. f7iq~t ~i~i7i I.E.!'?. oatsile the contiol7ed space. Except (luring climbs and ulescents an aircraft in flight under I.F.R. outside the controlled airspace shall liv at a cruising altitude corresponding to its nmagnetjc tourse as specified in Article 9). ut. Id.?. Fo77ou'huq I.E.!?. w;th I.E.!?. A pilot who decides to follow a fli~ht under I.F.B. liv `V.F.IR. shall, if he has filed a flight plan, advise the competent air traffic controller that. the flight under I.F.R. is discontjnued and indicate the changes to be made in the flight plan. `When tl~e pilot is. in weather conditions permitting V.F.R., he shall not discontinue his flight under T.F.R. unless he foresees that. the flight may continue for such a long time that visual flight conditions may cease to exist and that he has no intention to continue under such conditions. - I it. 10.]. Shii u7ctcd flr~/i t under I.E.!?. A flight. under simulated I.F.R. may be made only a) when the aircraft is equipped with dual controls in perfect working order. and b) when the second pilot's seat i~ occupied by a competent pilot, acting as safety pilot and with a suf- ficient view in all (lireetions or communicating with a flight observer whose field of vision satisfactorily complements that of the pilot. ~`ect,oo 8. Liqlmts and signals `ii't. 11)4. I?cqui/ati~o'n. 7hrlif.s. Between sundown and sunrise or dur- ing ally other period between sundown arid sunrise, which the chair- man of the Aviation Board may specify, all aircraft in flight or taxiing PAGENO="0365" AIR LAWS AND TREATIES OF TI-li': WORLD 1767 on the maneuvering area of an airdrome, and all aircraft afloat shall show lights in conformity with the interntional regu]atioii in force. rfiley shall show no other light which may be confused with the regu- lation lwhts. Art. 105. Signals. Signals used for air traffic and their meaning shall be in confor~nity with the international re~ulat ion in force. Any pilot-in-command shall take all measures necessary to comply with instructions as soon as he notices or receives any such si~nal. Signals shall he used only for the purpoSes pu~o~~ided for, and 110 other signal which may be confused with them shall be used. TITLE `\I. AiR ACCIDENT INvESTIGATION Ait. 10G. Definitior. For purposes of this Title, an "air accident" shall be deemed any event connected with the use of a civil aircraft and whjcii occurs between the time when a pei~on boards an aircraft with the intention of making a flight and the time when all persons on the aircraft have left it, and during which time a) one or more persons have been killed or seriously ~ujured due to the, fact that they were either on the aircraft or in direct contact with it or with an object fixed thereon; or b) the aircraft~ suffers serious (lan~a~~e. i i't. 1('i1'. Jcc;dent in~ JIoi'oeoo. Any air accident~ which occurs on \Ioroccan territory shall be notified without delay and by the, fastest, poss~bie means to the Aviation Board. This duty shall be incumbent on the pilot-in-command or on a lnenhl)er of the crew and, in their absence, on the commander of tile airdrome nearest tile place of the accident~ or on the, local civil or military authority, nlhe judicial an- I liorities in the jurisdiction where tile accident~ occurred, shall also be lioti fled. `Ihe local authority or the airdrome commander, whichever is appli- cable, shall, as soon as possible, take all measures which are useful to ensure at~ tile respective place a guard over tile aircraft and its con- tents arid to preserve the evidence, necessary for the investigation, and to avoid all looting or deterioration. An investigator, appointed by tile chairman of tile Aviation Board shall, as soon as possible, start a ~)rehiminary investigation and, within six days after tile accident, send a report to tile Aviation Board. The preliminary information to be transmitted, tile conduct of the i)rehiminary investigation, and tile form and contents of tile report shall be dealt, with in an ordinance of tile ~\filliSter of Public Works. Art. 108. Inrestiqafice (`o'rnni~1on. After checking the prelimi- nary report on tue accident reveals international implications ~r if tile accident~ is exceptionally Serious, tile Minister of Public Works shall set up an investigative coiiimission, and he shall determine tile nienlbersiup and operational methods thereof. Ait. 109. Pu~7cation of iepoit. If he deems it useful or necessary, tile Minister of Public Works may pul)hisll all or Pait of tue prehinii- nary report or of tile report of tile investigative commission. A it. 110. Peiia7til~, Wilen it appears from tue investigative report that the acci(ient has been caused by a violation of a re~Illatjoli on air nil vigation, the Minister of Public Works shall impose tile admin- i5ti~ltive or disciplinary penalties provided for in such cases witiiout~ thereby affecting possible crillilna] prosecution and (ivii daii'iages, if any. PAGENO="0366" 1768 AIR LAWS AND TREATIES OF THE WORLD Art. 111. Accident of a foi'eyii `th~craft lit Morocco. In the case of an accident of a foreign aircraft in Morocco, the. Minister of Public Works shall inform the State of registration within the shortest pos- sible time and by the fastest means, and shall transmit all information in his possession which may later be amended if necessary. When the State of registration makes known its intention to be represented at the investigation and requests that the aircraft, its con- tents and all evidence be kept intact, until the arrival of its repre- sentative, the chairman of the Aviation Board shall take all possible measures to satisfy such request, including all facilities of access to the aircraft. and its contents and to the evidence. However, when the aircraft and its contents is, in whole or in part, in an area to which the Moroccan Government deems it impossible to permit access, the chairman of the Aviation Board shall take care of their shipment to a place w-here access may be permitted. The representative appointed by the State of registration shall participate in the investigation and if the chairman of the Aviation Board deems it desirable such representative may be delegated to handle all or part of the investigation. A report containing the conclusions of the investigation shall be made as soon as possible by the Minister of Public Works to the Stat.e of registration. Art. 112. J~gJj(~j~7 investigation. When a judicial investigation is opened in conformity with the provisions of the dahir No. 1-5-268 of Chaabane 1378 (February 10, 1957) which forms the code of criminal procedure, the technical investigator, on request, shall transmit to the judicial authorities all information on the accident in his possession. Art. 113. Moroccan aircraft In aecident outside of Morocco. When a Moroccan aircraft has an accident outside Moroccan territory, the pilot-in-command or, if none, a member of the crew, if one or the other is in a condition to do so, or the owner, operator, or lessee, must immediately advise the Aviation Board or cause it to be advised, without. thereby affecting notification of the State where the accident occurred. When the State where the accident occurred is a member of I.C.A.O., the Minister of Public Works, on being informed of the accident, may appoint a representative ac.credited to participate in the investigation conducted b such State and may request that the aircraft, its contents and all evidence be kept intact until the arrival of such representative. When the State where the accident occurred, is not a member of I.C.A.O., the Minister of Public Works shall make an effort to obtain participation of a representative at the investigation. Wrhen the accident. occurs on the high seas, or when t.he place of the accident cannot be established with any certainty, the Minister of Public Works shall appoint an investigator to obtain all possible infor- mation and to submit a report thereon. Art. 114. Exclianqe of inform.atio~n. For purposes of an investiga- tion conducted in Morocco, the Minister of Public Works may ask any member State of I.C.A.O. for any information it. has; such State, in furnishing information, has the right to designate a representative accredited to participate in the investigation and to receive a copy of such parts of the report as may concern him. Also, when a member stat.e of I.C.A.O. during an investigation, asks the Moroccan authori- PAGENO="0367" AIR LAWS AND TREATIES OF THE WORLD 1769 ties for information in their possession. the chairman of the Aviation Board shaH supply it and lie may designate. a representative accredited o participate in the investigation. PART II. AIR SERVICES TImE I. DEFINITIONS AND GENERAL RULES Art. 115. Categories of a~r services. For the application of this decree, the services which aircraft may furnish fall into one of the following three categories: Public air transport~ services, scheduled or iion-scheduled, do- mestic. or international: Air work services; Private air services. Art. 116. Public transport. Public air transport services have the PurpOse of transporting for pay persons, freight or mail. Public air transport services are deemed to be those which furnish, by a series of flights open to the public, traffic between two or more points, fixed in advance, and following approved routes and in accord- ance with predetermined and published timetables, 01 with a fre- quency and regularity so as to constitute a systematic series. Non-scheduled public transport air services are deemed to be those which do not have all the characteristics enumerated in the preceding paragraph. Air transport. services, either scheduled or non-scheduled are deemed to be international when they fly in the airspace of two or more States. Art. 117. Air Work. Air work services shall be deemed all flights made on behalf of another person which have the following purposes: the taking of aerial photographs or motion pictures; topographic air surveys; the dropping of substances or matters for agricultural pur- poses or public health; all forms of advertising, publicity, or propa- ganda, such as towing panels, sky writ.ing, loudspeakers on aircraft: educational or scientific purposes, such as exploration of the soil or subsoil, study of hurricanes and cyclones, or the flight of grasshoppers or migratory birds; flight instruction in duly authorized aviation schools, the transport of persons, such as air baptism, (luring public air shows. Art. 118. Private air services. Private, air services shall be deemed all flights made without pay which have the following purposes: Tour- ism, air work, agricultural or otherwise, made for the exclusive benefit. of the owner of the aircraft; private service of an enterprise, other than a public carrier, or of a person who is the owner of the aircraft used; flight training of pilots with a view to obtaining a higher license. Art. 119. Enterprises. Public air transport and air work services may he furnished only by enterprises which are duly authorized by the Minister of Public Works. Private air services other than aviation clubs and aviation sci~ools need no authorization, provided they comply with the provisions of this decree. A public air carrier shall be deemed any natural or legal person who regularly undertakes transportation for pay by aircraft. PAGENO="0368" 1770 AIR LAWS AND TREATIES OF THE WORLD air work enterprise shall be deemed an natural or Teal person who l)y use of aircraft undertakes air work of various kinds for pay for other persons. A~t. J;?O. ()j;e,ctoi~s. The following shall be deemed to be operators of aircraft used for aiiv of the services enumerated in Article 115 The titleholder to an authorization to operate pubhc transport serv- ~ces or a r work The owner of record in the register of an aircraft who uses it either persoinilly or through agents unless the register mentions the name of an operator TI ie lessor of an aircraft who has reserved to himself the technical operation of the aircraft and supervision over the crews over which he retains authority: The lessee of an aircraft if the lease piov~des that he assumes all duties of an operator and that 1~e has the right to give orders to the crew throughout the terni of the lease: The lessee of an airciaft without crew who undertakes the technical operation with a crew of his own choice. Aii. 121. ~ljent~. An agent of an operator shall be deemed to be any agent or em~)loyee of such operator who acts in the name an(l on ac- count of such operator. in I he course of the exercise of his duties, whether or not this be within the scope of his authority. Ait. 122. Opcisfto~f7 at/~ois~afoii. In order to obtain an operating authorization. a public earner or air work enterprise must furnish to the Minister of Public Works all information concerning the proposed1 service and must satisfy the conditions imposed b the Minister in reaard to tehnical and financial guarantees for reliable and efficient opeiat ~on in conformity with the pio\isions of this decree. The authorization shall be granted only for a period not exceeding one year and shall be renewable, except in the case of scheduled air carriers who may be granted all authorization or concession for a time fixed by contract; renewal may be refused or may be accompanied by special conditions. If an enterprise violates the provisions of this decree or of the authorization, or if the public, interest requires it, the Minister of Public Works may suspend or withdraw the authorization. ~fl application for an authorization and the form of authorization shall be dealt. with in an ordinance of tile Minister of Public WTorks. lit. 123. Tia.nsfei of cei~cce.~. An enterprise which holds an au- thorization for public, transport or air work may make an agreement with another enterprise for the latter to furnish all or part of the authorized service only when such agreement has been approved by the Mimster of Public Works. Art. 124. Admittance of foreign aircraft. Aircraft registered in a foreign State may exercise any activity for pay in Morocco only under the terms of agreements or conventions concluded between Morocco and the State of registration or under tile terms of a special temporary authorization granted by the Minister of Public Works. In the absence of such agreement, convention or authorization, pro- viduig for the kind of activities contemplated. all aircraft registered in a. foreign State which wants to enter Morocco, must submit a re- quest for an authorization fifteen (lays prior to the anticil)ate(l date of landing all(l must obtain such authorization. PAGENO="0369" AIR LAWS AND TREATIES OF THE WORLD 1771 As regards aircraft registered in a foreign State. which want to en- ter Morocco for PU~l)OS~S of tourism or other activities not for pay, and all aircraft. registered in a foreign State which desire oniy to fly in transit over Moroccan territory without landing or only to make tech- nical stops, such aircraft must, except for international agreements or authorizaitons granted under this decree a.) Give prior notice of intent, either directly to the Aviation Board or through diplomatic, channels, at least. twenty-four hours prior to departure. of the aircraft al)road : such not ICC imist in- clude : marks of nationality and registration, type of aircraft, name of the pilot, names and nationalities of passengers, if any, airdrome for technical landing if any, probable t hue of arrival the filing of a flight plan with the. air traffic controller shall take place at the same time as the notice ; the notice or filing of the flight plan shall obviate the duty to land at a frontier customs a.~rdrome, as provided in Article 71, paragraph 1. b) Fulfill the conditions specified in Article 67; c.) Comply with the provisions of the Moroccan laws and regu- latioiis in regard to customs, iinhiiigration. police and l'iealtli d) Be insured against damages to third p'i~sons oii the ground in accordance with the provisions of Title VT of this Part. Ait. 12:. Coi~fio7. Moroccan public air carriers arid enterprises of air work shall be miller the control of the Aviation Board in regard to technical and commercial operation and t.o working conditions. Such control may be exercised in flight and on the ground by any agent of such Board who has an order of mission, by the chairman of the Aviation Board and by the chief of the civil aviation service. At' the request of the agents in charge of control, such enterprises must inforni them as to all documents necessary for the fulfillment of their mis~ion. The Minister of Public \Vorks may delegate certain control powers to a technical organization cluFv established to that end. A it. 126. Re(jusition. Without thereby affecting the provisions in force, the Government, in case of public calamity or great iieecl, may requisition aircraft of Moroccan public air carriers and enterprises of air work which must make available to the Government their flight crews and ground personnel needed for operation. TITLE IT. PFBLIc AIR CARRIERS ChAPTER I. DOMESTIC AND INTERNATIONAL TRANSPORT Ait. 127. Dome.ctie tPan~poit. Public air transport services between any two points on Moroccan territory shall be furnished by Moroccan carriers. Art. 128. Inte'~national tranaport. International air transport serv- ices coming from, or going to Morocco may be furnished by Moroccan or by foreign carriers. Admittance of foreign carriers oil scheduled or non-scheduled inter- national routes shall be authorized by the Minister of Public `Works, iii accordance with the terms of multilateral or bilateral conventions and agreements concluded by Morroco. 39-737--lTi--'-vcL II-24 PAGENO="0370" 1772 AIR LAWS AND TREATIES OF THE WORLD However, foreign carriers whose country of origin has not concluded any aviation agreement with Morocco, may obtain an authorization to operate certain schedUled international routes provided the country of ori~in of such carriers grants reciprocity to Moroccan carriers and provided further that a new service l)e not of a nature as to cause ruinous (ompetition to Moroccan carriers. In the case of non-scheduled foreigii services, no authorization shall be granted when the plaimecl service constitutes unfair competition with carriers who su~)ply scheduled air transport services. A it. 120. Route.~. The roiltes of scheduled public carriers and the points served by non-scheduled air carriers must be approved by the Minjster of Public Works. Scheduled Moroccan carriers shall have a right of preference to make special iion-schedule(l or charter flights between points on their regular routes. When a non-scheduled air carrier requests authorization to make flights between points served by a scheduled Moroccan air carrier, all- thiorizat ion shall be granted only when the latter is iiot able to furnish the same service. ~on-scheduiecl air carriers shall be prohibltedl from flying regularly between points served by a scheduled carrier on specified clays of tile week or with such regularIty that such flights may constitute a series of scheduled flights. Art. 130. if cute changes. No schedulecT air carrier may change a route or abandon operation of a route or a leg of a route without prior authorization from tile Minister of Public W~oiks who m~iv consult the parties concerned. However, if it is HI the Public interest, the Minister of Public Works may authorize temporary suspension or changes in air services. Art. 131. Schedules. Operating schedules of scheduled air carriers which specify time. of departure from, and arrival at each terminal point and each intermediate stop, must be approved by the chairman of the Aviation Board; but if. within fourteen days from their sub- inittal to that agency, no objection has been made, operation may be commenced ill accordance with such schedules. Art. 132. Rates. Every scheduled or non-scheduled, domestic or in- ternational air carrier must submit its rates for passengers and freight to the. Minister of Public Works who, in accord with the Minister of Finance, shall approve them with or without changes or who may pre- scribe others which he considers more appropriate or more reasonable. Tile, rates for passengers and freight, thus approved, must be ap- plied by all carriers serving the same route or leg of a route, and no carrier may charge a price which is different from those resulting from the apl)rOved rates. Whe.n a Moroccan domestic air carrier does not comply with the provisions of this article the Minister of Public Works may prohibit acce~s to Moroccan airdromes to aircraft of that carrier. When an international aircarrier does not comply with this pro- vision in regard to rates for international transportation, tile difficulty will be solved either by the terms of international agreements in effect, or by the terms of the operating authorization granted to that carrier. PAGENO="0371" AIR LAWS AND TREATIES OF THE WORLD 1773 Act. 133. Publication of ~ei"iees. Scheduled air carriers must print, publish and make known to the public their routes, schedules, rates for passengers and freight for their various services, and all condi- tioris specified by the Minister of Public Works for the application thereof. It shall be prohibited to anyone other than a scheduled air carrier to announce pi~~1cly in any manner that he is willing to transport for pay either peiso1~ or freight between predetermined points and with fixed schedules. Art. 134. Aircraft vsel. All aircraft used by Moroccan air carriers must be registered in Morocco. 1-lowever, in a case where, for lack of equipment duly proved, a carrier temporarily has to rent or charter any aircraft registered abroad, the chairman of the Aviation Board must authorize such carrier to use such aircraft; a temporary and renewable flight permit may be granted for six months. Art. 135. Air Taxis. Carriers which furnish non-scheduled air serv- ices by air taxi shall be assimilated to enterprises of air work, provided the aircraft used do not carry more than six passengers or 600 kilo- grams of freight; however, Article 129, paragraph 4 shall be applicable as well as the penalties provided for in case of violation of that Article. Rates shall be fixed by agreement between the carrier and the pas- senger or shipper. Art. 136. Transport of mail. The Postmaster General shall conclude with air carriers contracts for the transport of mail in accordance with the provisions of the Conventions of the Universal Postal Union. Act. 137. ~ctatistics. All scheduled and non-scheduled Moroccan air carriers, on certain dates, must furnish the Aviation Board with traffic statistics, hours flown, kilometers flown, passengers and freight car- ried, and also with information on operating expenses, financial status, receipts and their origm. Information so furnished and dealing with the situation of the car- rier may not be made public. CHAPTER II. CONTRACTS OF TRANSPORT. LEASE AND RENTAL Art. 138. Applicable laws. Subject to the provisions of this chapter and of Ttl VI of Part II of this decree, the rules of the dahir of 9 Ramadan i;~3i (Aiuiust. 12. l9hh) formiu~ the Code of Commerce, con- cerning transport by land and water, shall apply to transport by air. Art. 1-J9. Tramsportation contract. An public transport by air shall give rise to a contract by which a natural or legal person, called the carrier, undertakes for a price to transport by air from one point to another, persons with or without registered baggage. or articles re- ceived from a shipper to be delivered to a person called consignee. Art. 140. Forms of co'ntract. The air transportation contract for persons shall l)e shown by issuance of a ticket. The transportation of registered l)aEgage may be shown either on the ticket or by a separate baggage check. The air transportation contract for goods is shown by an airway bill which must contain the statements required by Article 67 of the PAGENO="0372" 17~4 AIR LAWS A~D TREATIES OF THE WORLD (nih ~ of 9 I~alnad~uii 1331 (Xugust 1:~. 1913) foriniilg the Code of U)nunelce. In the case of international transport of persons, registered baggage or articles, the document which constitutes the transportation contract must indicate at least : the points of departure and destination, and when these two points ale UI Morocco, a $01) abroad. and ~t must specify that the transport is governed by the Warsaw Convention of October 12, 19~9 and amendments thereto. Until the rontiaiv ~s shown. the ticket, the baggage check and the airway bill shall be proof of the conclusion and the. conditions of the transportation contract. Xbsence of the document. or inaccuracy of statements shall not affect tiie existence or validity of the transporta- tion contract. A,'t. 141. Lni.c (Jtfihteiniit). A lease shall be a contract Lv which a ~ :alled lessor who has (lisposal 01 an aircraft, transfers, for pay to {tilOtllel pei~oin called lessee, the use of oil or part of the capacity of such aircraft either for a trip or a series of trips, or for a specified time. When the lessor retains the technical operation of the. aircraft and supervision of the crew over whom lie retains authority, tile lessor shall be deeiiied the operator of the aircraft and the lessee tile. carrier, plo- vided that the name of the latter is. shown on tile various documents Which constitute tialisportatioll contracts. When the lessee assumes all duties of all operator under the terms of tile lease and has tile right to give orders to the crew for the whole tiiiic of the lease. the lessee shall be oleemed the operator alidi carrier. A it. 142. Rciitc7 ( Louit;oii ) . A rental contract shall 1)0 a contract whereby tile lessor transfers for pay to another person, called lessee, tile use of tile total capacity of all aircraft. without crew either for a. trip, or a. series of trips. or a number of kilometres, or for a specified time. rn lessee who assumes tile teclulical operations of the aircraft with a. crew of his own choice. shall be deemed tile operator of tile aircraft and tile carrier for all transportation contracts he may make. Ait. J4~]. Foiin of coiitiact. Leases and rental contracts must be in writing to be effective against third parties. Wheii the term of the lease. is more than tiiirty clays, the contract must be recorded in the register. ChAPTER III. TEChNICAL OPERATING CONDITIONS OF PUBLIC AIR TRANSPORT SERVICES Ait. 144. A1~7;~t;~ of fhi.~ elwpter. The. articles of this chapter shall apply to any operator of Moroccan air carriers and the persohinel thereof. Ait. 145. Oi'ganhtaton of ~eir~ce. Every operator must have an appropriate organization including experienced personnel, shops, equipment 011(1 other inst allations afl(l services, to the exteilt. and at the 1)iiI(e:~ ~pecifiel In: the. chairmiul of the Aviation Board, for tile main- tenance ill perfect flight condition of aircraft he uses. A it. .!4'l. Jfri,i tiiii~ 1/ia/i ~to7. Every operator must. furnish to file maintenance l)etsolhlIel and collstalltiv keel) up to date, a manual c.ontailrllnl es~e1lt jal informal ~ou on majntenance methods for the various l)0ii5 of aircraft. illstrthlnents, equipment andi accessories, on PAGENO="0373" AIR LAWS AXD TREATIES OF THE WORLI) 1775 iimking out maintenance tickets, frequency of opeiat ions of checking, overhaul and inspection. X copy of the. manual shall l~e submitted to the chairman of the Aviation Board. rfie maintenance personnel of the operator shall comply with the rules of the manual. Art. 147. ln.sti'uction of ?n.n'ntenalwe pei'~oniul. Every operator must ascertain that the maintenance personllel receive proier and reg- ular instruction on maintenance methods to he applied 1)artlclllarly when new equipment is put into use: the training program shaH be submitted to the chairman of the Aviation Board for approval. A~'t. 148. Jfuu~teii.a.nce stat C$. Every operator immust keep for all parts of aircraft in service complete statistics indicating total service time, time elapsed since the last overhaul, and time since the last in- spection; such statistics, which shall be at. the disposal of the chmairnian of the Aviation Board for inspection, shall be. kept for ninety days from the. time when the part. to which they refer is removed from serv- ice. Ai't. 14.9. Opeiat;ons manual. Every operator must furnish to his operations personnel, as guide, and keep constantly i~p-to-date, an operations manual containing complete information on making flights, and particularly the following points: instruction indicating the re- sponsibilities of the personnel, membership of the. flight crew for each leg of a route, emergency flight. procedlires, minimum altitudes for safety on each i-oute, minimum weather conditions for each regular, auxihar or emergency airdrome. conditions of radio reception, neces- sary navigation equipment., deta fled instructions for calculating amounts of fuel and lubricants necessary on each route, route. guide, and any other information prescribed by the. chairman of the Aviation Board. Tile contents of the operations manual are subjec.t to prior approval by the chairman of the Aviation Board. Each member of the operations personnel employed by an operator must comply in all respects with the instructions pertaining to his functions, as they are provided for in the operations manual. A.~f. 1.O. F7;~ht time reoi~ls. Every operator must keep up-to-date flight time records for each member of the operations persomlel em- ployed by him. Art. 151. (1lieeZ'hug of qua7fic~tioms of pei'soiuiuei. Every operator of a. scheduled air carrier must. organize a system of checking, ap- pi-oved by the chairman of the. Aviation Board, in order to ensure. continued competence of his operations personnel. Such system shall include two examinations per year at jntervals of more than four months. 1 p"'. 1. ()i!i/7/fi(V~fmThS (IS fl;~J~ t (~Ou2) lflh7fl(JP1' f~i~ ~ ; roi,fc. An operator may not. entrust to a u ~ilot the functions of flight com- mander of aim a ircra ft used for public tramu~port on a seci lie route or le~ nf a route unless the pilrit has shown to the operator, or to a pilot. qualified for that route and desi~nated by the operator. that he pn~_ sesses complete knowledge of the tei-rain, the weathiei- conditions, time installations and facilities for air navigation, the places of facilities for search, and rescue existing alon~r that route, and furiher. unless he has demonstrated his competence in using the devices of instrument, up- pro~c-i1 cii fl~e airdromes which he will have to use PAGENO="0374" 1776 AIR LAWS AND TREATIES OF THE WORLD A pilot who passes the above examinations shall be qualified for twelve months from the date on which he makes a flight as pilot be- tween the farthest points on the route. A it. 153. Sereice abroad. Every operator who furnishes a service outside the Moroccan territory must prove that: His employees, agents and officers know that., when abroad, they must comply with the laws, regulations and procedures of the State where the aircraft are used; The pilots know the regulations and procedures in force in the regions they must cross, a.nd particularly those concerning the airdromes and available facilities; The other members of the flight crew know the regulations and procedures which apply to the. pe.rformance of their respective functions aboard an aircraft. Art. 154. Flight coviniander. For each flight, the operator shall desigiiate a pilot as flight commai~der. The pilot-in-command shall be responsible for the safety of the air- craft, the members of the crew, the persons and flight transported. He shall ensure maintenance of discipline of everyone on board and shall take all measures necessary therefor. When the pilot-in-command ha.s reasonable grounds to believe that any person has conunitted a. violation on board or when a person, by his acts, endangers the safety of the a.ircra.ft, the crew, the pas- sengers or flight, he shall have the right to impose or to cause to be imposed measures of force necessary to ensure such safety. He may deliver such person to the authorities at. the. first stop together with a report which contains such elements of proof as he has been able to assemble. The pilot-in-conimand may prevent, the boarding of persons in a physical conclitioii which may prejudice order and safety during the flight; he may also put such persons off the. aircraft. The pilot-in-command shall rec.ord any births or death which oc.cur aboard during flight, and shall mark o~i the flight log these and all other events. Art. 155. Control s~istem. The operator shall establish a control sys- tem for each type of aircraft and define the operations and maneuvers to be performed1 by the 1)ilot-m-comma.nd and the other members of the crew before and during take-off, during the flight, on landing and in case of emergency. The pilot -in-command must ascertain the detailed performance of such control system. Art. 156. Flight preparation and flight plan. The pilot-in-command shall prepare his flight and establish a flight plan in accordance with the provisions of Articles TS and 79 of this decree. Art. 157. Chee~~s before each flight. The pilot-in-command shall che.ck before each fli~lit: That the aircraft is airworthy; Tha.t it. has appropriate instruments and equipment for the plarned flight: That. a maintenance ticket ha.s been issued; That. the weight. of the aircraft is within the presc.ribed limits and peimits safe flight in view of anticipated flight conditions; PAGENO="0375" AIR LAWS AND TREATIES OF THE WORLD 1777 That the cargo is well distributed and secured so a~ not to en- danger flight, safety; That the amounts of fuel and lubricants are sufficient for the planned flight and that the required reserve of fuel and lubricants is carried; That the required flight personnel is aboard and able to perform their functions; That the instructions of the traffic control1er are observed; That. the maps and plans for the route to be followed are aboard. No international flight may be. made before tile pilot in command fills out a ticket. of preparation certifying that lie has checked all the pojnts specified above. The operator must keep such tickets of prep- aration for six months. Art. 1~8. Fuel and lubricants. No aircraft may begin a flight either inside Morocco or going to, or taking off from Morocco, whl~out carry- ing fuel and lubricants in an amount sufficient to make the flight in complete safety in conformity with the international regulation in force. Art. 1~59. TTTeiglit at ta/ce-off. in fli'ght, and on landing. The weight of an aircraft at the beginning of the take-off, during flight, or on landing. may not exceed the maxima specified in the. airworthiness certificate, oi' the maxima specified for certain airdromes or routes, when those maxima. are less, considering weather conditions, altitude, length and inclination of airdrome runaways, or weather conditions and altitudes along the routes. rUle weight of an aircraft. at take-off, less the weight of fuel to be consumed in flight., may not exceed the above maxima on landing at the airdrome of destination or at an alternate airdrome. The load of an aircraft in flight, must be so distributed that the center of gravity of the aircraft is within the limit.s specified by the airworth- iness certificate. Art. 160. ilinimum weather conditions on. au'droin.e~. The chairman of the Aviation Board shall specify minimum weather conditions for airdromes. No aircraft. may take off from an airdrome when one of the elements constituting the minima, is less than specified. Aircraft may not.: land or make an approach for landing when one of the ele- ments constituting the minima for landing is less than specified for the particular airdrome, e.xcept in an emergency; continue its flight toward the airdrome, landing oim which is provided for in the flight. plan. unless the most recent weather reports indicate that at the expected time of arrival at. the air- drome, or an alternate airdrome, the. weather conditions at either airdrome are as good or better than the minima, specified. Art. 161. Icing. No aircraft may take off on a flight during which it may encounter icing conditions unless it. has proper anti-icing or de-icing equipment as prescribed by the chairman of the Aviation Board. Art. 16g. iS1afety tests. Before the pilot-in-command takes his air- craft to the. take-off position, he must ascertain that his radio equip- ment is in good working order. PAGENO="0376" 177S AIR LAWS AND TREATIES OF THE WORLD Immediately after take-off, the pilot-in-command shall Test. the controls to their limits and make all other tests, to be cerraul that they function properly Ascertain that, all doors and openings are fastened; Test. the engine or engines at full throttle, in conformity with I lie imistructions of the manufacturer and test, at that time, the. various apparatusc onnected with the engine; lest the various I1~uht instruments. In case ally test sliows any failure, or malfunction, the aircraft may not take off before correct ion has been made by a duiy qualified person. _lit. 1(55. P'7ot.~ et cot~o7~. When an engine has been started before flight amu.i until all engines are stopped, a pilot must be at the controls. When there aie t W() 1)iIots. they must remain at. the. controls during take-off, landing, and when there is turbulence in flight. J ~t. ~ ~i (/hl ;t1',uc to cocAp~t. No one may enter, an(l the mem- bers of I lie flight. crew mcmv not. l)el'nhit anyone to enter the cockpit during flight except with the permission of the pilot-in-command. I [owuver. unless tile 1)Iiot-imI-conulmaIIdl thinks that. it may endanger the -aIetv ut the aircraft, a person duly authorized by the chairman of the. Xvlat jon Board may enter for 1)ilrposes of checking, inspecting or controlling either the aircraft, or its equipment, or a member of the tIiQhit crew. ui a LrIolind uistallat.ion. T~,t. ,i~;* l7:7~t j)'ituiiii'!/Oc. The pilot-in-command must. per- form lie flight in accor(Tance. with the provisions of this (lecree, and part i~~1urhv time provisions of Title V of Part I. Ji't. ICC. lFuitlicv o7seications `in fig Jut. The pilot-in-command m~iust. transmit weather observations made. in flight, in the form and at the times specified. lie, shall give notice. us soon as possible. of dangerous weather con- ihit.ioiis enenun!ere(l iii flight. with all details that may be useful for the safety of the aircraft. Act. 1(;~. f)oc~iiu ~ fo 7ic .91/ j)/)7;(d. The pilot-in-command of any aircraft ~aing to or coining from Morocco, must show to the competent anti~or~t esut tile airdronìe of entiT or exit, the documents specified in the inte.rnat~onul reaulatioii in force and established in accordance With time ~mi'ovis~ons thereof. lime Minhaer of Public W~orks. in accord with, as the case may be, the ~[inister of time Interior, the Minister of Finance, the. Minister of Pu] 1 Ic I-Tealth. or time Mimiist cv of Agriculture. may : a) exempt. air- (rcm~t spe(~fled in paraaraphi 1 al)ove, from presenting one or the other (Ti)c'lmnunt ~r authorize 1)resem1t~1tion of simplified documents, and b) deteri~m~ue hr ordinance what formalities must. l)e fulfilled in regard to ala ittance a mid ieavin~ of passengers, l)agga~e and freight. let. !C.~. T7c~7m t S'necl, Is an/ fi',;7m,'i'e.c. ~t. the end of a flight, and in mr~en r ca~cs dining t lie flight, the pilot-1.n-COmmall(l shall signal iii the pjC~cii1)Od mannem and to the person designated by the chair- man of tlle Aviation Boar~l. any incidents which happened in flight mci any failure noticed on tile aircraft and the equipment. thereof, on airdromes, aids to navigation. and other aviation installations. ~l ,t. JC~. P,olm ;~ ;ti~ fo tie nipoi'f ~.~sengcr~. W~hen an airdrome is use(l fm tests for private, pilot's licenses, for a higher license, for buzzii~~ fiih'lits. or for te~t~ of aircraft. and engines, it shall be pro- hibited to transport passengers other than instructors or examiners 01' PAGENO="0377" AIR LAWS AXD TREATIES OF THE WORLD 1779 TITLE III. Am WImK Ait. 170. Eiitijii;.~e.~. Air work services may 1)0 furnished by Morocc~ui or foreign enterprises which are dul authorized in ac- cordauce with Article. 1~ of tins decree. A i~t. 171. A ;i'enift ucd. Moroccan enterprises must use aircraft. registered in Morocco : however, when there is insufficient equipment, the may rent or lease aircraft registered abroad. Before any use, every aircraft to be. used for air work ill Morocco must. ol)tain 01) operating i~cense whicli is issued b the chairman of the Aviation Board when he considers the aircraft slutal)ie. for the planned air work. The. validity of an operating license issued to an aircraft registered in Morocco may lie one year. Ihe validity of a license issued to an aircraft. registered abroad shall be limited to three months and shall be renewal)le : however, if such aircraft has a hoiiieport in Morocco fm~ over six months, it must be registered iii Morocco, except for special cases. \Vhen, for any reason whatever, the airworthiness certificate of an aircraft winch has obtained a license, ceases to be vol id, tile. valjdity of tile license shall also cease. A~t. 172. Pio1i7~tio~m. Aircraft. registered abroad and used in Moiocco for air work may not he use(l for an other paid activity while. they are in Morocco. and any ViOlOtiOll of this provision shall lead to annulment of the operating license. 1it. 173. Pci.~oii~e7. Pilots of aircraft used for certain kinds of r work winch necessitate flights at altitudes lower than the minimum stated in rllitle V of Part I of this decree. must hove a license for low level flights, issued by the chairman of the Aviation Board. Ait. 174. L1ab7Th1. Operators of airwork services shall be finan- cially liable, for damages and injuries, caused to persons or pl'opei~y on the groun(l. A,t. 17S. A77;t,o1~I/ i'ti7.s. An ordinance of the Minister of Pubhc ~\orks, issued in accord with the Minister of Agriculture, shall deter- mine. pa it icul ar rules for agricultural air work, port Icul oily regard to condit.jons of issuance of certificates for low level flight, the mini- immin characteristics of airdromes to be used, and teciumical conditions of making flights. TITLE IV. PRIVATE AiR SERVICES Art. 176. (7ond~tons for flight. Owners and operators of private aircraft as defined in Article 118. other than aviation clubs and avia- tion schools, do not need a special license to fly in Morocco or above Morocco provided such aircraft are registered in Morocco, their air- worthiness certificates and the licenses of the personnel are valid, the flight logs are lip to date, anti they comply with all provisions con- cerning flight, safety as provided for in this law. Art. 177. Prohibitions. Private aircraft may not. provide any public transport services whatever. Touring aircraft used in the personal service of their owners may not make commercial air operations. Aircraft used in the. private service of an industrial or commercial enterprise may not make flights between two points in Morocco served PAGENO="0378" 1780 AIR LAWS AND TREATIES OF THE WORLD by a scheduled air carrier on specific days of the week and with such frequency that. they may represent a series of scheduled flights. Art. 118. Cnstom-~ j)~sS (camnet cle passage). The Royal Moroccan Federatioii for Air Sports is empowered to issue to private Moroccan aircraft customs passes valid for the States which accept such passes. Art. 119. Foreign aircraft. Owners or operators of foreign aircraft i~sed for private servlces who wish either to land in Morocco or only to make. technical stops, must comply with the provisions of Article 124 of this de.cree. Owners of private foreign aircraft who wish to stay in Morocco for a certain time for purely travel purposes. may obtain a temporary per- mit not exceeding six months from the chairman of the Aviation Board. Any private aircraft in Morocco for mole than six months must be registered in the Moroccan register. TITLE \. AVIATION CLUBS AND AVIATION SCHOOLS CHAPTEIl. I. AVIATION CLUBS Art. 180. Con.sti/ufioi~. Aviation clubs are associations established in accordance with the da7~r No. 1-58-376 of 3 joumada I 1376 (November 15, 195S) regulating tile law of associations and the dahir No. 1-57--245 of 14 safar 13T7 (September 10, 1957) concerning activi- tie.s of associations. leagues. federations and sport groups. A it. 181. Appro~a7. Aviation clubs affiliated with the Royal Moroc- can Federation of Air Sports may obtain the approval of the Minister of Public WTorks under a procedure and conditions specified in an ordinance. Activities of aviation clubs are subject to supervision and control of the Aviation Board. The approval may be withdrawn at any time when an aviation club does not comply with the regulations. Art. 18?. ~a/J~a~I;e.~ uiaf a!ai~ta~7(.S. Lawfully established and ap- proved aviation c.lub~ may obtain subsidies, advantages and exemp- tions, particularly of fees and levies on airdromes, for their activities or for certain aviation shows. Art. 183. Ilfl])oit excinpt;on. There shall be no import tax on air- craft., engines, equipment, parts. materiel, fuel and lubricants intended for the exclusive use of approved aviation clubs. ChAPTER II. AVIATION SCHOOLS AND TRAINING CENTERS Jit. 184. Approrai. Instruction, basic and advanced training, on the ground and in flight of aviation personnel may be given in schools or centers which are approved by the Minister of Public \Vorks U~Ofl proof of their technical qualification; such schools and centers must have a technical organization and supervisory personnel which guarantees good instruction by qualified instructors and they must be entitled to use an airdrome. Aviation clubs may be approved as aviation schools or training centers. PAGENO="0379" AIR LAWS AND TREATIES OF THE WORLD 1781 Approved schools and centers shall operate under the control and supervision of the Aviation Board which must, in advance, approve the study and teaching programs. Art. 185. Instructors. Ground instructors niust be approved by the chairman of the Aviation Board if they have been recognized as com- petent to teach any theoretical subject required to obtain one of the licenses of aviation personnel. Flight instructors must have the. specific qualification r&iuired under Article 30 of this decree. If necessary. the. chairman of the Aviation Board may approve as free flight instructor a pilot who holds a valid license., but. he may only give, instruction to the extent. of the limits of his own license. Art. 18. Exa.nsi~atio~ns and testN. The results of examinations and tests passed in the schools and centers approved for issuance of Ii- censes, qualifications and certificates provided for in Title II of part I of this decree, shall be accepted by the chairman of the Aviation Board who, however, has the right to demand a new examination or a new test if he deems it necessary. Art. 187. Reports. The director of schools and centers must., from time to time., submit reports on their activities t.o the Aviat.iomi Board; accidents must be reporte.d without. delay. Art. 188. TVithdrawai of approval. The approval of a school or center, may be withdrawn at. any time if irregularities in the teaching, or examiiiations and test.s have been noted. TiTLE `\I. LIABILITY CHAPTER I. LIABILITY OF TIlE AIR CARRIER Art. 189. Damage to perso~. The air carrier shall be liable for damages and detriments arising from the death, wounds or injury suffered by a person transported, provided that the event, which caused the damage occurred aboard an aircraft. or during hoarding or deplan- ing operations. For purposes of this decree, the term "injury" shall include every bodi]y, organic or functional injury, including any which affects the mental health. A rt. 190. Damages to non-registered baggage. The air carrier shall be liable for damages and detriments resulting from the loss, destruc- tion of, or damage t.o baggage which remain in the c.ustody of the pas- senger provided t.hat t.he event which caused the damage occurred be- tween the time when the person boarded the aircraft and the time when he left it. Art. 197. Da.m~iges to registered baggage and freight. The air car- rier shall be liable for damages and detriments resulting from the loss, destruction of, or damage to registered baggage or freight, provided that. the event which caused t.he damage occurred during the time when the baggage wa.s registered as the freight in the custody of the carrier, whether this be at an airdrome or on an aircraft., or at any other place in the case of landing outside an airdrome. Art. 19g. Damages for dela.'?j. The air carrier shall also be liable for damages resulting from a delay in the transport by air of persons, baggage and freight. PAGENO="0380" I 752 AIR LAWS AYD TREATIES OF THE WORLD Art. 193. Cu$e of iioii-7~a7~Wty. Liability of the air carrier shall be avoided when lie proves that lie and his agents have taken all measures i~ece~uv to avoid the damage or that it had been im1)OsSible for them to 10 So. Liability of the air carrier may be. avoided or reduced when he proves that negligence of the injured pe1~~~1 caused the damage or con- tributeci to it.. Acceptance by the consignee of registered baggage or freight with- out objection shall constitute a presumption, until the contrary is shown. that the ba age or freight were delivered in good condition in accordance with the transportation contract. Art. 194. Liiii;tatioi~ of hab;7?t?/. Except for the provisions of Ar- ticle 2l~. liability of the air carrier to each passenger shall be limited to two hundred and fifty thousand units fine weight however, a higher limit ction may be agreed upon between the earlier and the ~)asseflger Liability of the carrier in regard to baggage kept in the custody of the passengers shall be limited to five thousand units fine, weight per person. Liability of the carrier for registered baggage and freight shall be limited to two hundred and fifty units fine weight. per kilogram, ex- cept when the value has been declared by the shipper. A unit fine weight in the sense of this article and Articles 200 and 203 below, shall n~ean a unit consisting of sixty five and one half mil- ligrams of gold nine, hundred thousands fine. Such units may be con- verted into national currency in round figures, and the conversion shall be made in case of legal proceedings in accordance with the gold value of such money on the day when judgTnent is l)rOnouncedl. Art. 19~5. Xu77tf/ of clia.ce. Except. for clauses concerning damages which may result from the nature or an inherent, fault of the articles shipped. all other clauses to exonerate the air carrier from liability or to establish a lower limit than that fixed by this decree. shall be null and void : tie nullity of such clause shall not cause nullity of the trans- portation contract. Art. 19G. 4~I(eeNN;,'e ~iir,'ers. In the case. where an air transport carried out. by several successive carriers is deemed by contract between the parties to be. a single transport., and each carrie.r is thus deemed a party to the contract, recourse for damages to persons may be had only against the carrier who carried out the part of the carriage dur- ing which the event which caused the damage occurred, except when the first. carrier assumed by contract. liability for the whole carriage, and recourse for damages to registered bagga.ge or freight. may be had, not only a~ainst. the carrier who carried out the part of the car- riage during which the destruction, loss of, or damage to, or delay occurred, but by the shipper against the first carrie.r and by t.he con- signee against the last. one, and all carriers shall be jointly liable to the shipper and the consignee. (`II.\PTFIi II. LIABILITY or TIlE OPERATOR TO TIIIIID PERSONS ON THE GROUND Art. 197. L;~~7~;7;t?/ and reparat~'on. The operator of any aircraft performing aiIy air activity in Morocco or who flies over Morocco shall be iial)le for damages caused to persons and property of third pe~sons on the ground by an aircraft which he uses personally or PAGENO="0381" AIR LAWS AND TREATIES OF THE WORLD 1783 through agents acting in the course of their duties, whether or not this be within the scope of their powers. Any pe1~~i1 who suffers damage on the ground under the conch- ions specified in this decree shall have a right to reparation if he pro~~s that the damage was caused by an aircraft in flight or by a Ierson or an object falling therefrom. however, there shall be. no right to reparation when the damage is not, the direct result of the event which caused it or when it results from the mere passage of the aircraft in accordance with the flight rules specified in this decree. Art. 1.98. .7o"i~t 7iab/7t~i. In the case where an operator as charterer or lessee does not have the exclusive use of the aircraft. (luring more than fourteen days, the owner, charterer or lessee shall be jointly lia- ble with the operator for damages occurring during such period. \Vlien the (lanl~lge is caused by a person using an aircraft without the consent of the operator, and unless the operator proves that he has used due care to avoid such use the operator shall 1)0 jointly liable with the unlawful user, under the condit ions and within the limits pi'o~~iclecl for iii said decree. A it. 199. E~-ejit;oi~. A person who is liable under the terms of this chapter shall not. be liable for reparation of the d~unages a) When the damage is the direct result. of armed conflict or civil disturbance or when such person has been deprived of the use of the aircraft by an act of the public authority; or b) When he proves that the damage is due exclusively to the negligence of the rerson who suffered the damage or of his agents. If such negligence was only pai'tially the cause of the damage, reparation shall be diniinishecl to the extent that. the negligence has contributed to the damage. however, if, in the case of neg- ligence of agents, the person who suffered the damage I)i'o~s that such agents acted beyond the scope of their ~ there shall be neither reduction nor exclusion. Art. 200. Limits of liability. Except for Article ~15 the amount of reparation may not exceed for each aircraft and event: a) Five hundred thousand units fine weight for an aircraft whose weight is less than, or not more than 1,00() kilograms; b) Five hundred thousand units fine weight plus four hundred units fine weight per kilogram above 100 kilograms for an air- craft whose weight is above 1,000 kilograms and equal to, or less than 6000 kilograms c) two million five hundred thousand units fine weight plus two iu:ndred and fifty units line weight p~ k1l)~inull above 6.000 l:ilo~rnms fer an airera ft wbose wehihi~ is above (.ft~0 kilograms and equal to. or less than ~0~OO) kilograms: ci) Six million units fine weight Pills one hundred and fifty units fine weight per kilogram above ~0.0OO kilograms for an air- craft whose weight is more than ~0,000 kilograms and less than, or equal to 50.000 kilograms: e) Ten million five hundred thousand units fine weight plus one hundred units fine weight. per kilogram above 50.000 kilo- grams for an aircraft whose weight is more than ~0,000 kilograms. By `~weight." is meant the fllaximlim weight of the aircraft au- thorized by tlìe airworthiness certificate. for take-off. Liability in case of death or injury may not exceed five hundred thousand units fine weight per person killed or injured. PAGENO="0382" 1784 AIR LAWS AND TREATIES OF THE WORLD CHAPTER III. LIABILITY FOR COLLISION BETWEEN AIRCRAFT' Art. 201. Liability. In case of collision between two or more aircraft in flight: a) When it is proved that. negligence of the. operator of one of such aircraft, or of his agents acting in the course of their func- tions, has caused damages to one or more other aircraft, or has put such aircraft out of commission, or caused damages t.o persons or property aboard such aircraft., such operator shall be liable for all damages: b) When the damages are due to negligence of the operators of two or more aircraft, or of their agents, each of them shall be liable to others for the damage suffered by them proportionately to the negligence of which each is guilty in causing the damages. Art. 202. Gompemsation paid by other operators. The operator or operators liable for the damages specified in the preceding article shall also be liable for compensation which the operator or operators of th~ other aircraft concerned had to pay for damages caused by the colli- sion: however, as the result of a recourse action, no operator shall have to make a payment which may result in allocating to him a higher compensation than called for under any of the limits of liability which he may invoke, in regard to property or passengers aboard his aircraft. Art. 20.3. Limits of liability. Except for the provisions of Article 215, an aircraft operator involved in a collision shall not incur any higher liability than that provided by the following limitations: a) For the loss of the other aircraft or the damage suffered by such aircraft, the market value before the collision or the cost of repair or replacement, whichever figure is smaller; b) For putting such aircraft out of commission, 10% of the value retained for such aircraft in paragraph a) above; c) For the death of persons aboard such other aircraft., for injuries or delay suffered by them, two hundred fifty thousand units fine weight per person; d) For all articles which each person on board had in his cus- today, five thousand units fine weight per person; e) For the destruction, loss of, or damage to all other property on board, including registered baggage and mail, two hundred and fifty units fine weight per kilogram. Art. ~04. Damage ca.u~ed on the ground by a co7lision. In case of damages to persons or propei'ty on the ground resulting from a colli- sion between two or more aircraft. in flight, the operators of such air- craft. shall he jointly liable for such damages up to the limits provided for in Article ~00, but no operator shall be liable for an amount which is higher than the limit, applicable to his aircraft. Art. 205. Disturbance caused by maneuvers. For purposes of this chapter, damages resulting from a. d~sturhance caused to another air- craft by the maneuvers of an aircraft. shall be assimilated to damages caused by a collision. CHAPTER IV. INStIRANCE AND GtIARANTEES Art. 206. Insurance for damages to third persons. Every civil air- craft wluch furnishes in Morocco any of the air services enumerated in PAGENO="0383" AIR LAWS AND TREATIES OF THE WORLD 1785 Article 115 of this decree, or which flies over Moroccan territory, whether it. is registered iii Morocco or abroad, must. be. insured for the liability of its operator for damages to third persons on the. ground. For aircraft registered in Morocco such insurance must be taken out with an insurance company, society, or insurer whic.h is approved by the Minister of Finance. For aircraft registered abroad, such in- surance must be taken out with an insurance company approved by the State of registration. Art. 20;: Amount of insurance. The insurance amount for repara- tion of damages to persons and ProPerty on the ground may not be less than the limits of liability of the operator specified in Article 200 according to the weight. of the aircraft. A it. 208. Guarantee. In place of insurance taken out in accordance with Article ~06, a guarantee furnished by the State of registration or by a bank authorized b the State shall be deemed satisfactory. Art. 209. Attestation.. An attestation of insurance or guarantee established in conformity with an approved model must be presented on any request by an official of the Aviation authority or a Government agency. Art. 210. Insurance of passengers. In addition to the duty to in- sure for liability t.o third person on the ground, public air carriers must also insure for liability to persons transported. Art. ~1J. Aniwtnt of insurance. The, insurance amount for repara- tion of damages to IJersolis transported may not be less than the limits of liability of the carrier specified in Article 194. Art. 212. Preference of guarantees. The guarantees and insur- ances provided for in this decree and intended to guarantee reparation of damages resulting from contractual or non-contractual liability shall have special preference in the payment of the respective compensation. A it. 213. Insurance `in force. The Aviation Board shall ascertain that the insurance. prescril)ed in this chapter remains in force during the whole term of validity of the operating license or authorization. CIL~PTER V. GENERAL RULES Art. 214. I'r,tcrnationa7 eoiu'enf'~orc. Liability of pul)liC air car- riers, Moroccan of foreign. and liability of all operators of aircraft, in the case of international flights, shall be governed by the interna- tional conventions in effect in Morocco. In the absence of an international convention, liability of the persons specified in the preceding ~mragra.phi. iii regard to (lallntge.s or acci- dent.s in Morocco, shall be governed by this decree and all other appli- cable Morroccan laws. Art. 215. Unlimifcd liibilit?/. The limits of liability specified in articles 194, 200, and 203, shall not apply when it is proved that the daiiiage resulted from an act. or omission of the carrier or operator or their agents, which was committed either with intent to cause damage or willfully and in the knowledge that, damage probably would resuft in the case of agents, it must further be proved that. they acted in the exercise of their functions. ~fl limits of liability specified in Articles 200 and 203, shall not apply when the person who is liable has obtained an aircraft in an PAGENO="0384" 1786 AIR LAWS AND TREATIES OF THE WORLD unlawful manner and has used it without the consent of the person who may authorize such use. ~bt. 21"]. (O~I1~t jl1i;.~(i;Ct;Oìi. Actions for liability for damages to persons, baggage or freight. transported, may be brought. before tile court either of the domicile of the carrier, or of his main office, or at the 1)iace where he has an office at which the contract was made or at the place oh (lest mat ion. Actions for liability for damages to third ~ 011 tile ground or resulting from a collision shall be brought before a court of the State where tile act. which caused the damages~ occurred. AlT. 2i~. lfepl(.Sclit(it;"e.s. in case of tile death of a person. who is liable. under this Title VI, an action for reparation shall lie, against Ins representatives. A it. 21S. De1c,i~. In case of claniages caused to a passenger by delay in the transportation. a claini must be submitted within thirty days from the (late on which the delay occurred. A i~. 2111. J)''ni f'~ic~ to `cIuc~7e iml 1~i~ci'gi/ t. In ca~e of damages to registered baggage or freiuht, the consignee must make a written pro- test to the carrier 111)011 discovery of the damage, and, at the latest, IvItli! Ii a period of seven days for baggage and fourteen (lays for freight fr~ii tile date of receil)t: in case of delay, such protest must be made w ith~n twenty-one (lays from the date when they were put at the disposal of the consignee. Iii the al.)~ences of a protest. within the periods stated above, no action si~ail lie o~ainst the carrier, except when he committed a fraud. A it. ,2:2~). ~ttti~tc of 7ii tatons. `file statute of limitations shall run withjn two years: a') For actions for payment of a remuneration clue for search, aid, and salvage: the time shall run from the day when the opera- t~ons are complete(l: In For actions for liability for damages to persoils, baggage, and freight transported, and to members of tile crew, except as pl'ovi(leci for in Article 2i9; tile tulle shall run from tile day on \vhiciI the. aircraft arrived or should have arrived at its (lestunation c~ For actions for liability for damages to persons or property 011 tile ~roun~l: the time shall run from tile day on whichi the act Xvii 1111 :iused tile damage occurred; d) For damages for liability for damage resultmg from a (01- actions iii recourse b all operator against. other operators univ be brou~ht within six additional months from tile day when tl~e operator has had tile right to recourse. I ,~. 221. .~ i~don. or 1i te ie'~iption of tile statute of limit ation~s. The reasoi11~ for suspensions and interruption of tile statute of limita- tions sne'~hcd in chapter VII of time idio'r of 9 ramadan 1~i31 (August P2, lf)l:h form in~ the (`ode. of obi~gations audi coiltractS, shall be ap- tO in~t~ofls for liability ill matters of civil aviation. l~ov:eve~. 110 tL(tIOH for liability in matters of civil aviation may be hrcuiitit after the expiratIon of three years from tile day when the act which caused the damage occurred. PART III. VIOLATIONS AND PENALTIES A it. 222. T~o7a.tions' by owners or operators. Any owner of an air- craft shall be punished by a fine of from 1,000 to 20,000 dirhams or by PAGENO="0385" AIR LAWS AND TREATIES OF THE WORLD 1787 imprisonment of from six days to one month, or by both penalties, who: a) Puts or retains in service an aircraft without first obtaining the certificates of registration and airworthiness, or with a cer- tificate of airworthmess which is no longer valid; any refusal of a certificate of airworthiness by the competent authority shall be transmitted in writing to the person concerned and such notifi- cation shall establish a presumption of negligence against him; b) Puts or retains in service an aircraft without identification marks. A proprietor of a Moroccan aircraft who causes such aircraft to be registered in a foreign register without first requesting the Aviation Board that it be stricken, shall be punished by a fine of from 1,000 to 20,000 dirhams. Art. 223. Violations b~ a flight commander. Any pilot-in-command shall be punished by a fine of from 1,000 to 20,000 dirhams, or by imprisonment of from six days to one month, or by both penalties, who: a) Flies an aircraft without certificate of registration and airworthiness, or with a certificate of airworthiness which is no longer valid; b) Flies an aircraft without registration marks; c) Flies an aircraft without the proper license; the same penalty may be imposed on any crew member for a similar vio- lation; d) Flies over prohibited or restricted areas in violation of the provisions of this decree; e) Lands outside an airdrome in violation of the provisions of this decree; f) Destroys the flight logs or makes incorrect notations therein. Any pilot-in-command shall be punished by a fine of from 200 to 10,000 dirhams who: a) Flies an aircraft in a state of drunkenness; the same penalty may be imposed on any crew member; b) Begins a flight without being certain that all required safety conditions are fulfilled; c) Disobeys the instructions of the traffic controller; d) Executes acrobatic or Tow level flights without authoriza- tion; e) Throws or lets fall, without necessity, objects or substances from an aircraft; f) Transports without authorization munitions, war materiel, and other dangerous articles; g) Violates the provisions on taking aerial photographs or motion pictures; h) Lands, without reason, and on an international flight, on an airdrome not open for international service; i) Refuses, without reason, to participate in search and rescue operations; j) Neglects to give immediate notice of any accident. Jrt. 224. h~crease in penalty. The fine against an owner of an aircraft w-ho puts or retains in service an aircraft without certificate 39-737 0-65-vol. II-~5 PAGENO="0386" 1788 AIR LAWS AND TREATIES OF THE WORLD of registration or certificate of airworthiness, or against a pilot who flies an aircraft without a valid license, may be increased to 40,000 dirhams and the imprisonment to two months when the violations are committed after refusal or withdrawal of the certificate of regis- tration or airworthiness, or of the license. Art. 225. Registration marks. The owner, operator, or pilot who affixes or causes to be affixed on an aircraft any registration marks which are not in conformity with those of the registration certificate, or who omits or causes to be omitted, makes or causes to be made illegible, any marks correctly affixed, shall be punished by a fine of from 2,000 to 40,000 dirhains and by imprisonment of from six months to three years. Any person who affixes or causes to be affixed on a private aircraft the marks reserved to state aircraft or who uses a private aircraft bearing such marks, shall be punished by the same pei~ alt ies. Art. 226. T7olation.s by public carriers. Any public carrier, sched- uled or non-scheduled, shall be punished by a fine of from 2,000 to 30,000 dirhams who: a) Refuses, without justification, access of the public to its transport services: b) Does not comply with the obligations prescribed in the op- erating license or authorization, when, in the view of the chairman of the Aviation Board, such lack of compliance does not. merit revocation of the license or authorization; c) Does not take care, in the manner provided for in the reg- ulations, of maintenance. of his aircraft, flight equipment and other necessities to guarantee safety of operation; d) Does not follow the routes, and use the airdromes indicated on the operating permit. Any scheduled public carrier who conducts his operation in viola- tion of rates, routes, frequencies and schedules approved by the Avia- tion Board. Any non-scheduled public carrier who: a) Announces timetables and flight routes; b) Announces flights with a certain frequency; c) Makes prices for tickets or freight charges which may con- stitute ruinous competition to scheduled carriers; d) Periodically makes flights between points served by a sched- ules carrier, on cert.aiii days of the. week and with a frequency which constitutes a series of scheduled flights. Art. 227. T7olation.s by air work enterprises. Any air work enter- prise shall be punished by a fine of from 2,000 to 30,000 dirhams which: a) Does not comply with the obligations prescribed in the oper- ating authorization when, in the opinion of the chairman of the Aviation Board, such lack of compliance does not merit revoca- tion of the authorization b) 1)oes not take care, in the manner irovicled for in the re.gu- ulations, of maintenance of its aircraft, flight equipment. and other necessities to guarantee safety of operation. Art. 228. Agreements between air enterprises. Any scheduled or non-scheduled public carrier who does not submit. for the approval of the Minister of Public Works agreements he may have. concluded with PAGENO="0387" AIR LAWS AND TREATIES OF THE WORLD 1789 other enterprises or who, after approval, modifies the, terms of such agreements, shall be punished by a fine of from 2000 to 30,000 dirhams. Art. 229. Foreign enterprises. Any foreign international air car- rier who, during a simple transit flight, unloads or loads persons or freight on Moroccan territory, or who, without express authorization, renders domestic service, shall be punished by a fine of frdm 2000 to 30,000 dirhams. Art. 230. Ground personnel. Any member of the technical aviation personnel who, by an act or omission, endangers the safety of aircraft, airdromes or other flight installations shall be punished by a fine of from 100 to 10,000 dirhams. Art. 231. Interference with teiecomiimunications. Any person who interferes with, or prevents, in any manner, aviation radio communi- cation shall be punished by a fine of from 500 to 10,000 dirharns. Art. 232. Suspension of license. A prohibition to fly any aircraft may be imposed by judgment or ordinance for a term of from three months to three years against a pilot guilty of a violation. When a pilot is sentenced for the second time for any of the same violations within five years after the first sentence becomes final, the prohibition to fly an aircraft shall be imposed for a term of three years and may be doubled. For the term of the prohibition, licenses shall be deposited with the clerk of the court passing the sentence; they must be sent there within five days after the date when the sentence becomes final, otherwise the persons sentenced shall be punished by imprisonment, of from six days to one month and by a fine of from 100 to 2000 dirhams, without thereby affecting the penalties provided for the case where they fly an aircraft during the terms of such prohibition. Art. 233. Aviation restrictions. Violations of the provisions of this decree and the ordinances issued by the Minister of Public Works in regard to aviation restrictions and mounting of beacons, shall be punished by a. fine of from 500 to 1,500 dirhams. In case of repetition, violations shall be punished by a fine of from 1000 to 3000 dirhams or by imprisonment of from ten days to three months, or by both penalties. A term for removal or alteration of structures subject to a restric- tion or to provide beacons may be prescribed by the court of jurisdic- tion on request of the Minister of Public Works, under penalty of a fine of 10 to 100 dirhams for each day of delay. When, at the expiration of the term the situation has not. been remedied, the Minister of Public Works may have the work done ex officio at the expense and the risk of the responsible persons. Art. 234. Presence on airdrom~es. Whoever is present. on or goes into areas prohibited by this decree or areas of airdromes used for public service, or leaves or causes to enter any wagons, draft, burden or riding animals, shall be subject. to a fine of from 50 to 100 dirharns and he further may be deprived of all right to compensation in case of accident. Art. 235. Jettisoning. Any voluntary and unnecessary jettisoning of objects or substances susceptible of causing damage to persons or property on the ground are prohibited from aircraft. in flight and will PAGENO="0388" 1790 AIR LAWS AND TREATIES OF THE WORLD be punished by a fine of from 1000 to 7000 dirhams or imprisonment of from six days to two months, or by both penalties, even if such jettisoning causes no damage, and without thereby affecting more severe penalties which may be imposed in cases of offenses or crimes. Art. 236. Cv~tom~s violatkm~. All provisions governing violations of customs regulations and State monopolies shall be applicable to articles imported or exported by aircraft. Attempted or actual offenses of contraband importation or exporta- tion outside a customs airdrome shall lead to confiscation of the articles and the means of transportation, without t.hereby affecting a customs fine of from 200 to 400 dirhams, and an additional fine of six times the value of the articles and imprisonment of from one month to one year. All releasing or jettisoning of unauthorized articles in flight, except ballast and mail at designated places shall be punished by the penalties provided for in the customs laws concerning contraband and increased in accordance with paragraph 2 of this article. Art. 237. Temporary adm~ittanee and bonding. For articles exported or discharged for temporary admittance or in bond, or exempt from internal taxes, the shippers shall justify their shipment abroad by producing, within the specified period, a valid destination certificate of the customs, on penalty of paying four times the value of the articles. Art. 238. Right of con~scatzon. Agents of the Post Office lawfully qualified to enforce the application of the laws and regulations in the field of telecommunications, telegraphy and telephone, shall have the right to confiscate any radiote1e~-raph or radiotelephone apparatus which may be aboard without special authorization. The agents listed in Article 239 aTso shall have the right to confiscate explosives, arms, munitions and other articles the transport of which is prohibited without authorization. Confiscation of apparatus and articles lawfully seized shall be pro- nounced by the court which has jurisdiction over the violation. Art. 239. Reporting agent~s'. In addition to the officers and agents of the judicial police, the following shall be charged with reporting viola- tions of the provisions of this decree: a) Engineers and work engineers of the Aviation Board; b) Commanders of airdromes; c) Officers of the National Defense charged with air safety; d) Customs agents who have the right to make reports. Reports shall be transmitted after their closing to the court of juris- diction. They shall be prima facie evidence. Art. 240. Jurisdietion. Within the circuit of the Court of Appeals of Rabat, the courts established in the dahir of 9 ramadan 1331 (Au- gust 12, 1913) shall have sole jurisdiction to adjudge violations of the provisions of this decree and the regulations issued for its application. The same rules as to jurisdiction shall apply to related violations whoever may commit them, in regard to criminal as well as civil liability. Art: 241. Notice of *jvdgm~mt.c. Copies of judgments relating to violations in aviation matters shall be transmitted by the courts of jurisdiction to the Aviation Board. PAGENO="0389" AIR LAWS AND TREATIES OF THE WORLD 1791 GENERAL PROVISIONS Art. 24~2. Amendm~ents. Changes in this decree which become neces- sary shall be contained in a decree, issued at the end of each year and entering into force the first of January of the next year. Any change which must take immediate effort shall be contained in a N.O.T.A.M. which shall have the same force of law as the provisions of this decree and which shall be included in the annual amending decree. Art. 24~3. Application. The Ministers of Public Works, of National Defense, of Finance, of Agriculture, of National Education, of Public Health, of the Interior, of Justice, a.nd the Postmaster General, each as far as he is concerned, shall enforce application of this decree. PAGENO="0390" PAGENO="0391" MUSCAT AND OMAN The Sultanate of Muscat and Oman applies the civil aviation laws, including the Colonial Air Acts and Orders of the United Kingdom. 1793 PAGENO="0392" PAGENO="0393" NEPAL CIVIL AVIATION Rimi~s, 1962 1 In exercise of the Power conferred by Section 3 of the Civil Aviation Act, 1958, His Majesty's Government has issued the following Rules :- CHAPTER 1. PRELIMINARY 1. Short title and coin n~cem~ent (1) These rules may be called t.he Civil Aviation Rules 1962. (2) These rules shall commence with effect from the date of their publication in the Nepal Gazette. 2. Definitions Unless otherwise specified wit.h reference to the subject or context in these Rules- (a) Chief Engineer shall mean the Chief Engineer of the Transport Department of His Majesty's Government. (b) `Conventio'n' shall mean the International Civil Aviation Convention signed in Chicago on December 7, 1944. (c) `Crew' shall mean the licensed members of an air crew entrusted with the charge of operating an aircraft. CHAPTER 2. REGISTRATION AND MARKING OF AIRCRAFT 3. Registration of aircraft (1) The Chief Engineer shall maintain an Aircraft Register at his office for the purpose of registering aircraft, and in case any owner of aircraft registers his aircraft, he shall, subject to these Rules, reg- ister the same and give him a certificate of such registration. (2) No aircraft which is already registered in any other country at any time shall be registered under these Rules. (3) No aircraft other than that belonging to a Nepali citizen or to a corporate body registered or established in the Kingdom of Nepal under Nepali law, having its main office in the kingdom of Nepal, and with more than half of the total members of its Board of Directors Nepali citizens, shall be registered under these Rules without the approval of His Majesty's Government. (4) An aircraft which has been registered and given certificate therefor under these Rules, shall be registered as Nepali aircraft. 4. Action to be taken in the event of change of awnership (1) In case the ownership of any aircraft changes, the certificate of registration of such aircraft shall be invalid. The seller or trans- feror of the aircraft shall submit a notice containing the date of such sale or transfer, the name and address of the new owner, as well as I Published in Nepol Gazette, Vol. 12, Issue No. 18, Shravan 29, 2019 (August 13, 1962). Ministry of Public Works, Communication and Transport. 1795 PAGENO="0394" 1796 AIR LAWS AND TREATIES OF THE WORLD the certificate of the registration, to the Chief Engineer within four- teen days from the date of such sale or transfer. (~) If the new owner of an aircraft submits an application, the Chief Engineer may register his name as owner of the aircraft and issue him a certificate of registration. (3) No owner of any Nepali aircraft shall, without the approval of His Majesty's Government., sell or transfer his aircraft to any per- son for use outside of the kingdom of Nepal. Any such sale or trans- fer shah be invalid. 5. Repeal of registration In case any Nepa.li aircraft is damaged or permanently returned elsewhere so as not to be used inside the kingdom of Nepal, the owner of such aircraft. shall submit. to the Chief Engineer notice of such damage or return, as well as the certificate of registration. The cer- tificate of registration shall thereafter be ca.ncelled and necessary particulars to this effect. shall be noted in the aircraft register. 6. National mrirkin.gs The Nepali national markings of Nepali aircraft in figures and letters shall be IN afte.r which shall be drawn a short line (~), fol- lowed by the registration markings of three letters; i.e. IN-AAA. The power to issue such national markings and registration markings shall vest, in the Chief Engineer. On t.he Royal aircraft the national markings shall be followed by a short. line (-) and then by the letters RF with a figure resembling I at the end: e.g. IN-RFI. 7. 1S1 pace for inserting marleings The national markings and registraton markings of aircraft shall be inserted in such space and in such form as are specified in the schedule to these Rules. CHAPTER 3. LICENSE FOR CREW 8. Classification of license and rating (1) Subject. to t.he conditions laid down in these Rules, the Chief Engineer shall have the power t.o issue the following licenses and ratings and to renew them: (a) License for pilot under training. (b) License for pilot of private a.ircraft. (c) License for pilot of restricted commercial aircraft. (d) License for pilot of commercial aircraft. (e) License for senior pilot of commercial aircraft. (f) License for pilot of transport aircraft. (g) License for flight engineer. (h) License for flight radio operator. (i) Rating for flight radion telephone operator. Instrument rating. ~2) Licenses and Ratings under these Rules shall be issued and re- newed for period1s not exceeding the following: a) License for pilot under training 9 (b) License for pilot of private aircraft years. (c) License for pilot of limited aircraft (d) License for pilot of commercial aircraft year. PAGENO="0395" AIR LAWS AND TREATIES OF THE WORLD 1797 (e) Liceiise for senior pilot of commercial aircraft.1 (f) License for pilot of transport aircraft j 6 months. (g) License for flight engineer (ii) License for flight radio operator J ~ (3) The period of rating specified in this Rule and included in the license shall remain valid for the period of the. license concerned, un- less a shorter period has been prescribed therein. (4) No person shall be granted licenses of any category specified in this Rule, unless lie has completed the following age: (a) License for pilot under training (b) License for pilot of private aircraft ~ Years. (c) All other licenses, 21 years. 9. Recognition of licen~se i~8ned by courttii~s 8ignatoIy to the co,~- vention (1) The Chief Engineer may grant recognition to any license or rating, issued by authority of any country which has entered into an agreement with the International Civil Aviation Agency. In case the Chief engineer has prescribed any restrictions in the certificate while granting recognition, such license or rating shall remain valid for the remaining period subject to such restrictions. (2) The validation of such license or rating shall be attached to the license and it shall be treated as a pai't of such license or rating until the period has expired. 10. Qualiflcation.s fur obtaining licen-se and r~iting (1) The knowledge, experience, skill, physical ability and related facilities required to obtain the following licenses and ratings shall be as specified in schedule 2 and 3 of the convention: (a) License for pilot under training. (b) License for pilot of private aircraft. (c) License for pilot of commercial aircraft. (d) License for senior pilot of commercial aircraft. (e) License for pilot of transport aircraft. (f) License for flight engineer. (g) License for flight radio operator. (h) Instrument rating. (2) The qualifications and related facilities required to obtain license as pilot of limited commercial aircraft shall be as follows: (a) Knowledge:-Knowledge as prescribed for pilots of pri- vate aircraft. (b) Experience:-He should have at least 200 hours flying time of which- (1) He shall have worked as a pilot-in-command for 100 hours. (2) He shall have worked as pilot-in-command on cross- country flights for at least 20 hours, with at least. one flight covering 300 miles. (3) He shall have at least 10 hours of instrument type out of which five hours shall have been of instrument flight type. (c) ASk177:-He shall have displayed the capacity to make both ordinary and emergency flights of the aircraft of the type for which the license is requested. PAGENO="0396" 1798 AIR LAWS AND TREATIES OF THE WORLD (d) Physical qualifications :-Physical qualifications shall be as prescribed in respect to the license for the pilot of a pro- hibited commercial aircraft. (e) Facilities ;-The person who has obtained a license as pilot of prohibited commercial aircraft shall: (1) be entitled to all such facilities as are prescribed in respect to the pilot of private aircraft, and (2) work only within the kingdom of Nepal as a pilot-in- command of aircraft with a total pay load not exceeding 5,000 lbs. while it is in flight in respect to the operation of non-scheduled air transport flights. (3) the qualifications and related facilities required to obtain the rating of flight radio telephone operator shall be as follows: (a) Knowledge-It shall have been certified on the basis of tests that he possesses sufficient knowledge about the following matters: (i) Civil aviation rules, orders and directives re- lating to the duties or functions of flight radio tele- phone operator (ii) Government recognized information and publications relating to the practice and procedure of radio telephone operation. (b) Skill-The person concerned shall demonstrate that he has the ability to: (1) operate and fit controls of aeronautical radio telephone transmitters and receivers. (2) receive and transmit spoken messages. (c) Facilities-Persons who have obtained a rating of flight radio telephone operator, may operate radio telephone equipment on aircraft for communication or control purposes on air routes. 11. Exemptio'ns In case the Chief Engineer, in respect to any applicant who has acquired qualifications for membership of the crew of any aircraft of the Air Force, or has acquired experience and technical knowledge with regard to government-recognized flights in civil aviation, deems it necessary to exempt such applicant, from any or all of the conditions pertaining to the license or rating, a.nd in case such person success- fully passes a special examination or tests desired by him, the Chief Engineer may exempt such applicant from any or all of the conditions of the license or rating. CHAPTER 4. AIRWORTHINESS 12. Certificate of airww't/iiness (1) In case a certificate of airworthiness has been issued with re- spect to any aircraft by any authority of any country which has entered into an agreement with the International Civil Aviation Agency, the Chief Engineer, if he is satisfied as to the airworthiness of such aircraft, may issue a certificate recognizing such certificate. In case a.ny restrictions have been prescribed in issuing such certifi- PAGENO="0397" AIR LAWS AND TREATIES OF THE WORLD 1799 cates2 such certificates of airworthiness shall be valid subject to such restrictions. (2) Unless the standard of airworthiness to be applicable in the kingdom of Nepal has been determined by His Majesty's Gov~rnment, if the authority who has issued a certificate of airworthiness in any country which has entered into an agreement with His Majesty's Gov- ernment, has renewed such certificate or extended the term thereof, the Chief Engineer may renew or extend the term of the certificate issued under Sub-rule (1) in respect to such airworthiness certificate for the period for which such certificate was renewed or its term was extended. (3) The certificate of recognition shall be attached to the airworthi- ness certificate and it shall be treated as part of the airworthiness certificate unless the term thereof has expired. 13. Repair and maintenanee of aircraft (1) The owner or operator of a Nepali aircraft shall make or cause to be made arrangements for such necessary staff, offices, and equip- ment, as well as facilities for repair and maintenance as may be ap- proved by the Chief Engineer. (2) In accordance with the directions of the Chief Engineer, the owner or operator of any Nepali aircraft shall maintain a record of all his aircraft. and engines, propellors, instruments, equipment and related materials thereof. (3) The Chief Engineer shall ascertain whether the arrangements made for repair and maintenance under Sub-rule (1) are adequate. (4) Any person who certifies the aircraft and its engines and the airworthiness of the aircraft and of equipment or instruments to be used during flights, shall be required to possess an Engineer's license for repair and maintenance of aircraft, recognized under these Rules, or the certificate of qualifications prescribed under these Rules. 14. Engineers who repair and nutintain aircraft (1) The Chief Engineer may issue certificates so as to validate the engineer's license for repair and ma.intenance of aircraft issued by t.he authority of any country which is a signatory to the International Civil Aviation Convention until the expiration of the period prescribed therein. In case the Chief Engineer has prescribed any restrictions in such certificate, such license shall remain valid subject to the same, until the expiration of the period of validity. (2) Unless His Majesty's Government has made provisions in re- spect to issuing engineer's licenses for repair and maintenance of Nepali aircraft, if the authority, who has issued such license in any country which has signed the International Civil Aviation Convention, has renewed or extended the term of such license, the Chief Engineer may renew or extend the term of the certificate of recognition issued under Sub-rule (1) in respect. to such license for the period for which such license was renewed or its term extended. (3) The certificate of recognition shall be attached to such license, and it shall be treated as part of such' license until the expiration of the period of its validity. 1.5. (Yertifiea.te of merit (1) The Chief Engineer may issue a certificate of merit to any lerson who has not obtained an engineers license, but possesses the PAGENO="0398" 1800 AIR LAWS AND TREATIES OF THE WORLD capacity to perform fuiict ions or duties relating to aircraft and its engines as well as to the repair and maintenance of aircraft and the equipment or instruments to be used during flights. (2) The nature and extent of the functions or duties to be per- formed by the person obtaining the certificate of qualifications to be issued under Sub-rule (1) shall be specified in such certificate. CHAPTER 3. GENERAL PROVISIONS 111. Jledieal board (1) His Majesty's Government may form and establish a medical board for the purpose of examining the physical capacity of persons who apply for crew licenses. (2) The members of this board shall be qualified doctors approved by His Majesty's Government. (3) Physical examinations shall be conducted in accordance with the standards laid down in chapter 6 of Schedule 1 of the convention, and a report. of such physical examination, sigiied by all the attending members of the board, shall be submitted to the Chief Engineer. 17. Fees In issuing the. following licenses, ratings and certificates, and grant- ing recognition under these Rules, the following fees shall be charged: rRs. 10.00 for new license. (a) For crew-license me.ntioned~ Rs. 10.00 for renewal. in this chapter. {Rs. 5.00 for recognition. (b) For certificate of airworthi-JRs. 30.00 for first recognition. ness. [Rs. 25.00 for renewal. (c) For certificate of registra-JRs. 200.00 for new certificate. tration. iRs. 100.00 for transfer. (ci) For recognition or engi- neer's license for repair and Rs. 5. 00. maintenance of aircraft. (e) For certificate of merit Rs. 10.00 18. Operation of ah'craft (1) No Ne~pa.li aircraft shall be operated unless- (a) The aircraft is registered, and national markings and reg- istration markings are affixed thereon, under these Rules. (b) It is certified that the. aircraft is airworthy, or conditions prescribed in the. Airflight Manual have been observed; (c) All necessary e.quipinent and insturments have been in- stalled in the. aircraft which is about to be operated, (d) The members of the air crew are provided for in the re- quired number and of the require.d qualifications, and all of them have obtained the required licenses and ratings: (e.) The pilot -in -command is satisfied- (1) That the total pay-load of the aircraft is safe for the impending flight, (2) That goods loaded in the aircraft are kept in such a balanced and safe way that the flight, will be safe. (3) That the aircraft carries adequate fuel and oil required for the particular flight as well as reserve fuel and oil i~ suf- ficient quantity for other flights, (4) From all accounts, the aircraft is safe for flight. PAGENO="0399" AIR LAWS AND TREATIES OF THE WORLD 1801 (2) No non-Nepa.li aircraft shall fly over the territory of the king- dom of Nepal, unless it. has met. the following requirements of the country where it is registered and complies with the directions of the Chief Engineer, if any: (a) National and registration markings. (b) certificate of airworthiness. (c) Number and kind of the air crew in possession of the necessary licenses. (d) Other documents required for the flight. 19. Saving If the certificates provided for in these Rules have been issued or other matters performed before the effective date of these Rules, they shall be deemed to have been provided or performed under these Rules. 1. Affixing of markings Schedule Markings of aircraft The national and registration markings shall be. affixed on aircraft in colored letters or in any other manner so as to last. permanently. The markins shall always be kept clear and conspicuous. 2. Wings The markings shall be affixed on the upper and lower surface of the wings. In case the markings cannot be spread throughout the upper surface of the wings, half of the same shall be spread on the left side of the upper surface and half on the left side of the lower surface. The markings, as far as possible, shall be located in the center in such a way that they are at. an equal distance from the front and rear sides of the wings. The head of the letters shall be situated on the front side of the wings. 3. Fuselage and vertieal surface The markings shall be put in a visible manner on either side of the fuselage situated between the wings of the aircraft and the surface of its tail, or on the upper half of the vertical surf ace of the tail. In case the markings are to be put only on the vertical suface of the tail, such markings shall be so put as to be conspicuous and in case they are to be put on the standing portion of the multi-vertical tail, they shall be written on the outer part of the surface. 4. Measurements (1) The letters and figures in each group of markings shall be of equal size. (2) The length of the markings shall be 20 inches (50 centimeters). (3) The markings to be affixed on the fuselage shall not be put so as to be spread t.o the outer edge of the fuselage.. (4) The markings to be affixed on the surface of the vet~tical tail shall be located at. least at a distance of 2 inches (5 centimeters) from both its edges. Even though the markings mentioned in part (3) and (4) may be spread to the maximum possible extent, they shall not be required to be longer than 6 inches (15 centimeters) in height., PAGENO="0400" 1802 AIR LAWS AND TREATIES OF THE WORLD 5. Shape and script of markings (1) The letters shall be plain and in capitals and the numerals shall be in plain Arabic. (2) The breadth of every letter other than the Roman letter (I) and the Arabic numeral (1) and the length of the hyphen shall be two- thirds of the letters. (3) Every letter and hyphen shall be printed in a solid line in color which does not get mixed with the color of the background. (4) Every letter shall be separate from the front or rear letter ~ a distance of one-fourth of its breadth. For the purpose of this Part, a hyphen also snail be deemed to be a letter. 6. Aircraft other than airplanes In case the spare parts of aircraft other than airplanes (i.e. helicop- ters) are not similar to those of an airplane, the markings mentioned in this schedule shall be affixed in a conspicuous manner. ACT No. 22 or 2015 (ENDING APRIL 12, 1959)-AN ACT To CONTROL AND REGULATE CIVIL AVIATION 1 Whereas it is expedient to control and regulate civil aviation in order to create an atmosphere conducive to the growth of civil aviation and thus ensure the maximum possible benefit to the nation from air transportation, Now therefore, His Majesty the King, on the advice of the Council of Ministers, has framed and promulgated this Act. 1. Short title, extent and commencement (1) This Act may be called the Civil Aviation Act of 1959. (2) This Act shall be applicable throughout the kingdom of Nepal, and shall apply to the following individuals and aircraft: (a) Every citizen of Nepal, irrespective of his residence; (b) All aircraft registered in the kingdom of Nepal, and every person therein, irrespective of location. (3) This Act shall commence with effect from the date prescribed by His Majesty's Government by notification in the Nepal Gazette. 2. Deflnition~ Unless otherwise specified with reference to any subject or context in this Act: (a) "Airplane" shall mean every type of machine capable of flying in the air by means of atmospheric reaction and shall in- clude balloons, airplanes, kites, gliders and flying machines, at- tached or free flying. (b) "Airport" shall mean a specific or limited area on land or water used wholly or partly for the takeoff and landing of air- craft. This term shall include all buildings, sheds, ships, boats, river-banks and other constructions located in, or relating to such area; (c) "Import" shall mean bringing into the kingdom of Nepal. (d) "Export" shall mean taking outside of the kingdom of Nepal. 1 Published In Nepal Gazette, Vol. IX, Issue No. 1 (extraordinary), Balsakh 10, 2016 (Apr11 22, 1959). Ministry of Law and Parliamentary Affairs. PAGENO="0401" AIR LAWS AND TREATIES OF THE WORLD 1803 8. Power to i&~ue rules (1) His Majesty's Government may, by means of rules published in the Nepal Gazette, regulate the manufacture, storage, use, operation, sale, import or export or any aircraft or category of aircraft. (2) Without prejudice to the general powers conferred by Sub- section (1), such rules may specifically provide for the following matters: (a) Restrictions on the authority exercising the powers con- ferred by this Act, or on the exercise of such powers. (b) Regulation of the air transport services and prohibition of the use of aircraft for transport services which do not fulfill the conditions laid down therein. (c) Particulars to be submitted to the authority prescribed in the rules by any person who has obtained or is desirous of obtain- ing licenses for the establishment of air transport services. (d) Permission for airport inspection and regulation of air- ports conditions when airports may be established, fees levied thereon, and prohibition or regulation of the use of unlicensed airports. (e) Manufacture, repair and maintenance of aircraft, inspec- tion and control of such operations or of the sites where airplanes are stationed. (f) Registration and marking of aircraft. (g) Conditions when aircraft may be used for passenger, goods or mail traffic or when aircraft may be used for industrial pur- poses, and certificates, licenses or other documents to be main- tamed for aircraft. (h) Inspection of aircraft for the purpose of enforcing this Act and the rules issued hereunder, and the facilities to be pro- vided for such inspection. (i) Licenses for persons employed in the construction, opera- tion, repair or maintenance of aircraft. (j) Conditions when an aircraft may enter into, or depart from or fly over the kingdom of Nepal, air routes and landing grounds. (k) Prohibition or flights over areas specified by his Majesty's Government, or permission for flights only in specified times and circumstances. (1) Supply, supervision and control of signals, airport lights and other lights in and around airports or air routes. (m) Arrangements for lights and maintenance thereof to be made by any person at his private houses and compounds situated around airports, or in or around air routes, costs of such arrange- ments or maintenance to be provided by His Majesty's Govern- ment. inspection and control thereof, and the power of His Majest.y's Government to enter into, or direct entry into such houses and compounds for such purpose. (n) Signals to be used by, or in aircraft for communication purposes, and the instruments to be used for such signals. (o) Prohibition and regulation of transportation by aircraft of materials specified by His Majest.y's Government. (p) General provisions for protection of life and property. (q) Preparation and maintenance of flight logs of aircraft. 39-737 O-65-vol. II-26 PAGENO="0402" 1804 AIR LAWS AND TREATIES OF THE WORLD (r) Procedure and conditions for issuance or renewal of licenses or certificates under this Act or the rules issued there- under, tests and examinations to be takeii in respect thereto, forms of such licenses, certificates or flight logs ~`f aircraft, and custody presentation, endorsement, cancellation, suspension and return thereof. (s) Fees to be charged for issuance or renewal of licenses or certificates or for conducting tests and examinations under this Act. (t) Recognition of licenses and certificates issued in countries other than Nepal pertaining to the qualifications of persons em- ployed in the manufacture, operation, repair or maintenance of aircraft, or in other matters relating to aircraft for the purposes of this Act, and (u) Any other provision that. may be helpful or incidental to the provisions mentioned in this Sub-section. 4. Power of Hi~ Majesty's Governnwnt to ~&s~ue orders in special circum.~ta'n ces' (1) In case it is deemed necessary for public security and law and order, His Majesty's Government, by means of orders published in the Nepal Gazette, may take the following action: (a.) It. may cancel or suspend any or all licenses or certificates issued under this Act, on conditions specified by it in the said order according to necessity or without condition. (b) It may prohibit t.he flight of any or all categories of aircraft over the whole or any part of the Kingdom of Nepal, on conditions specified by it in the said order according to necessity or without con- dition, or regulate suc.h flights in any other manner prescribed in the order. (c) It may prohibit. or regulate the construction, supervision and necessary repair, as well as proper maintenance and use, of airports, aircraft factories, aviation schools or clubs or of other t.ypes of places where aircra.ft. are overhauled, repaired or stationed with or without condition. (d) His Majesty's Government may direct. the handing over of any aircraft or any category of aircraft or a.ny airport, airplane factory, aviation school or club or other types of places where aircraft. are manufactured, repaired or stationed, along with the plant equipment or other materials used in the manufacture, operation, repair and main- tena.nce of aircraft, immediately or within the date specified in the notification, to such authorities and according to such methods as specified therein, and use the equipment so handed over for public services. (2) In case any order issued under Part. (c) or (d) of Sub-section (1) causes any dire.ct loss or change to any person, compensation deter- mined by the authority appointed by His Majest.y's Government for this purpose shall be paid to such person. (3) His Majesty's Government. may take or direct to be taken any step as it deems necessary for enforcing any order issued under Sub- section (1). (4) In case any person does not abide by, or refuses to abide by any order issued under Sub-section (1), or acts in contravention of such order, he shall be liable to imprisonment, for a maximum period of PAGENO="0403" AIR LAWS AND TREATIES OF THE WORLD 1805 three years or to a maximum five of Rs. 5000.00, or both, and the court which convicts him may order the confiscation of the whole or part of the aircraft. or the materials, if any, connected with the offence, and direct their possession by His Majesty's Government. 5. Power of His Majestq's Government to issue rules pertaining to investigation of accidents (1) His Majesty's Government may issue rules re'ating to the in- vesti~ation of accidents which occur while an aircraft is flying over the kingdom of Nepal or when any aircraft registered in Nepal is in flight outside of Nepal. The rules shall come into force with effect from the date of their publication in the Nepal Gazette. (2) Without prejudice to the general powers conferred by Sub- section (1), such rules may provide for the following matters: (a) Information of accidents, `form of such information, and the person giving such information, (b) Application of the provisions of existing Nepal law relat- ing to the investigation of accidents with or without amendments, to the investigation of such accidents. (c) Prohibition of entry into, or tampering with any aircraft which has met. with an accident. until investigations are concluded, or vesting powers in any person to enter into such aircraft, ex- amine or remove it, and take necessary action for its maintenance, or deal with it in other ways, and (d) Cancellation, suspension or endorsement or return of li- censes or certificates issued or recognized under this Act, or the issue of orders to this effect, in case such action is necessary in the course of investigations of accidents, or directing the presenta- tion of any such license or certificate for the purpose of such investigation. 6. Power to stop airplanes (1) The authority empowered by His Majesty's Government may stop any aircraft in the following circumstances: (a) If, because of the nature of the flight of any aircraft, there is an apprehension of its causing danger to the persons aboard it or to any other person, or to the life and property of any person, or, (b) If it is deemed necessary to do so to enforce any provi- sions of this Act or the rules applicable to such aircraft, or to prevent the contravention of any rule issued under Part (j) or (k) of Sub-section (2) of Section 3. (2) His Majesty's Government. may issue rules to regulate any pro- visions which may be helpful or incidental in the exercise. of the pow- ers conferred by Sub-section (1). These rules shall come into force with effect from the date of their publication in the Nepal Gazette. 7. Power of his ilajesty's Government to issue rules for the protection of public health His Majesty's Government may issue rules to prevent any threat to public health arising from the spread of epidemic diseases from any aircraft standing in or arriving at any airport, as well as to prevent infection w-ith such diseases through any aircraft. departing from any PAGENO="0404" 1806 AIR LAWS AND TREATIES OF THE WORLD airport. These rules shall come into force with effect from the date of their publication in the Nepal Gazette. 8. Spec~a.l powers for the protection of public health (1) In case His Majesty's Government is satisfied that any danger- ous epidemic disease has spread or is likely to spread in the kingdom of Nepal or in any part thereof, and that other existing Nepal law is not adequate to prevent the danger tha.t may arise to public health from the spread or infection of such diseases through aircraft, it may take any step or issue orders to that effect., as it deems necessary to pre- vent such a danger. (2) Without prejudice to the power conferred by Section 7 under such circumstances, His Majesty's Government may also issue such provisional rules in respect to aircraft and persons or goods to be trans- ported thereon, as well as airports, as it may deem necessary in such circumstances. These rules shall come into force with effect from the date of their publication in the Nepal Gazette. 9. Fines and punishment for violation of the rules framed under thi8 act Any person violating any rule framed under Sections 3, 5, 6, and 8, shall be liable to imprisonment, for a period not exceeding three months or a fine not exceeding Rs. 1000.00, or to both these penalties. 10. Fines and puni~hm~ent to persone flying aircraft in a dangerow~ manner If any person flies any aircraft deliberately in such a manner as to imperil the life of any person on land or water, or in the air, or the property of any person, or obstruct the army or aircraft of His Majesty's Government, he shall be liable to imprisonment for a period not exceeding six months or fined with an amount not exceeding Rs. 400.00, or to both these penalties. 11. Fines and iuini~hment for abetting or attempting to com'imit off e'ivje~ If any person abets any other person on committing an offence which is liable to punishment under this Act, or the rules issued there- under, or attempts to commit any such offence and commits any act liable to constitute an offence, he shall be subject to such fines and suffer punishment as if he had committed the offence. 12. Power of the court to order confiscation If any court convicts any person of committing an offence which is liable to fines and punishment under Part (k) or Part (o) or Sub- section (2) of Section 3, it may order the confiscation of the aircraft or any material involved in the sa.id offence, and direct its possession by His Majesty's Government. 13. Power to apply Nepal law relating to cu.~tom~s His Majesty's Government may, by notification in the Nepal Gazette, apply any or all of the provisions of exist.ing Nepal law relating to the export and import of goods, to the export a.nd import of goods by air including the amended form prescribed in such notification. 14. Restri~tione on filing certain cases and complaints If any person flies at a certain altitude over the property of any person, and if he is found to be justified in doing so by reason of PAGENO="0405" AIR LAWS AND TREATIES OF THE WORLD 1807 winds, weather or other conditions, no action or complaint against the pilot filed to the effect that he had friade an unauthorized instru- sion into the rights of other persons, or caused direct. or indirect dam- age to somebody merely because of such flights or of minor acvidents resulting from such flights, shall be entertained in any court. 15. Saving in respect to actions taken with bona fide motives No action or complaint or any other kind of legal action shall be filed against, any person for any act performed with bona fide motives and which he thinks has been in compliance with t.his Act. 16. Non-appuicatio'n of this Act No provision of this Act, or the rules or orders issued hereunder, shall be applicable to any private aircraft of His Majesty the King or His Majesty's Government, or the Air Force or any person em- ployed in such aircraft or Air Force. PAGENO="0406" PAGENO="0407" NETHERLANDS AVIATION ACT' CHAPTER I-DEFINITIONS Article 1. For the purposes of this Act, and any orders made thereunder, the following terms have the following meanings:- a. Air navigation: the use of aircraft; b. Aircraft: machines that can derive support in the atmosphere from the reactions of the air, including or excepting machines to be designated by Order in Council; c. Aeroplanes: mechanically-propelled heavier-than-air aircraft; d. Proprietor of an aerodrome: the person in whom an aerodrome is vested pursuant to this Act; e. Dutch aircraft: aircraft which have been registered in a Dutch register of aircraft, or in respect of which the provisions of the second paragraph of Article 4 have been applied with regard to the reg- istration; f. Foreign aircraft: aircraft registered in a foreign register of aircraft; g. Aerodromes: parts of the Netherlands designated pursuant to this Act for the taking off and landing of aircraft; h. Our Minister: insofar as civil aviation and the generai safety of air traffic are concerned: Our Minister of Transport and "Water- staat"; insofar as military aviation is concerned: Our Minister of War and Our Minister of the Navy, each inasmuch as he is concerned. Article 2. For the purposes of this Act, and any order3 made thereunder, the following terms also have the following meanings:- a. Pilot-in-command: a person who operates an aircraft alone; b. Operation of an aircraft: the performance of actions on board an aircraft for the use of that aircraft; c. Land: areas of water; d. Buildings: structures, scaffolding, overhead lines, dykes and quays. ClIAPTER Il-GENERAL SAFETY OF TRAFFIC Article 3. Insofar as powers with respect to the general safety of air traffic are conferred upon Our Minister of Transport and TVater8taat by or in virtue of this Act, lie shall not exercise these powers except in agreement with Our Minister of War and Our Minister of the Navy, each inasmuch as he is concerned. 1 Published in Staatsblad (statute book) No. 47 of Jan. 15, 1958, p. 77-85; effect: Oct. 1, 1959. English text supplied by Netherlands Government. 1S09 PAGENO="0408" 1810 AIR LAWS AND TREATIES OF THE WORLD CHAPTER rn-Am NAVIGATION Part 1-Registration, marks and airworthiness of aircraft Article 4. 1. It is forbidden to perform air navigation with an aircraft which (a) is not provided with a valid certificate of registration as referred to in Article 5; (b) is not provided with a nationality mark and a registration mark in accordance with the provisions of Article 6; (c) is not provided with a valid certificate of airworthiness or of validation, as referred to in Article 7 and valid for the use that is made of the aircraft; (d) is not airworthy. 2. The provisions of the first paragraph do not apply. (a) in the cases specified by Order in Council; (b) if and insofar as exemption is granted by or on behalf of Our Minister. Article 5. 1. Dutch registers of aircraft shall be maintained on behalf of Our Minister. Foreign aircraft shall not be registered in these registers of aircraft. The Dutch aircraft registers for civil aircraft are public. 2. The registration of aircraft and the issue of a certificate of regis- tration in a Dutch register of aircraft shall be effected by or on behalf of Our Minister and, so far as civil aircraft are concerned, according to rules laid down by or in virtue of an Order in Council. 3. A certificate of registration of a foreign aircraft must be in con- formity with the legislation of the territory ~ which this aircraft is registered. Article 6. 1. The nationality mark and the registration mark of Dutch air- craft shall be determined by or on behalf of Our Minister. Insofar as civil aircraft are concerned, the marks shall consist of letters and `or figures and they must be affixed in such place and manner as shall be directed by Our Minister; insofar as these directions relate to civil aircraft, they shall be published in the "State Gazette". 2. With regard to foreign aircraft, the nationality mark and the registration mark must be in conformity with the legislation of the territory in which this aircraft is registered. Article 7. 1. With re~a.rd to Dutch aircraft, the certificates of airworthi- ness s~t11 be issued, suspended and revoked by or on behalf of Our Minister and, so far as civil aircraft are concerned, according to rules laid down by or in virtue of an Order in Council. In addition, cer- tificates of validation of foreign certificates of airworthiness shall be issued, suspended and revoked by or on behalf of Our Minister in accordance with rules laid down by or in virtue of an Order in Council. 2. With regard to foreign aircraft, a foreign certificate of air- worthiness or of validation is required; such certificates must be issued pursuant to international agreement. PAGENO="0409" AIR LAWS AND TREATIES OF THE WORLD 1811 Part p2-Operation of curcraft Article 8. 1. It is forbidden to operate an aircraft (a) without a valid licence or certificate of validation, as re- ferred to in Article 9, to be used in accordance with the privileges and with due observance of the limitations stated on the licence or certificate; (b) in such a condition as to be unfit to perform the opera- tion properly. 2. The provisions of the first paragraph under (a) do not apply (a) in the cases specified by Order in Council; (b) if and insofar as exemption is granted by or on behalf of Our Minister. Article 9. 1. With regard to the operation of Dutch aircraft, the licences shall be issued, suspended and revoked by or on behalf of Our Min- ister and, so far as civil aircraft are concerned, according to rules laid down by or in virtue of an Order in Council. In addition, cer- tificates of validation of foreign licences shall be issued, suspended and revoked by or on behalf of Our Minister in accordance with rules laid down by or in virtue of an Order in Council. 2. With regard to the operation of foreign aircraft, a foreign licence or certificate of validation is required; such licence or cer- tificate must be issued pursuant to international agreement. Part 3-Other provi~ion~ Article 10. 1. Our Minister has power to authorize the managements of associa- tions and institutions which are incorporated under Dutch law and have the object of promoting aviation, to issue, suspend and revoke the certificates of airworthiness referred to in the first paragraph of Article 7, the licences referred to in the first paragraph of Article 9, * and the certificates of validation referred to in the first paragraph of Article 7 and the first paragraph of Article 9, insofar as they relate to civil aviation. 2. This authorization can at all times be suspended or revoked by Our Minister by duly motivated order. 3. The orders whereby an authorization is granted, suspended or revoked shall be punished in the State Gazette [Staats Courant]. Article 11. 1. Insofar as is not otherwise provided by international agreement the performance of civil air navigation above certain parts of the Netherlands can be restricted or prohibited (a) for reasons of public safety, by Our Minister of Transport and Waterstaat; (b) for reasons of military necessity, by Our Ministers of War and of the Navy, each inasmuch as he is concerned, and after consultation with Our Minister of Transport and Waterstaat. 2. Orders providing for a restriction or prohibition as referred to in the first paragraph, or annulment of such a restriction or prohibi- tion, shall be published in the "State Gazette". PAGENO="0410" 1812 AIR LAWS AYD TREATIES OF THE WORLD 3. Our Ministers of Transport and Waterstaat, of War and of the Navy can designate authorities to exercise on their behalf their powers as referred to in the first paragraph under (b). This shall be done by a joint order, which shall be published in the state Gazette. Article 12. Insofar as is not otherwise provided by international agreement, under exceptional circumstances or in the interest of public safety the performance of civil air navigation above the Netherlands or a part thereof may be temporarily restricted or prohibited by Us. Article 13. It is forbidden to perform air navigation (a) in such a way that public order or safety is disturbed or endangered; (b) in contravention of orders issued by or on behalf of Our Minister, as referred to in Article 11; (c) in contravention or orders issued by Us, as referred to in Article 12. Article 1.4. 1. Within the Netherlands it is forbidden (a) to take off wit Ii an aircraft or to make an aircraft take off except from au aerodrome; (b) to land with an aircraft or to make an aircraft land except on an aerodrome; (c) to equip for the taking off and landing of aircraft an area which has not been designated as an aerodrome. 2. The provisions of the first paragraph do not apply (a) in the cases specified by Order in Council; (b) if and insofar as exemption is granted by or on behalf of Our Minister. Article 15. 1. It is forbidden to provide an aircraft with any mark which is intended to create the impression that it is the mark prescribed under the terms of Article 6. ~. it is forbidden to perform air navigation as pilot-in-command, or, as owner or operator of an aircraft, to have air navigation per- formed or to let it be performed, with an aircraft provided with a misleading mark as referred to in the first paragraph, if the pilot-in- command or the owner or operator of the aircraft, respectively, knows or can reasonably suppose that. the aircraft is provided with such a mark. Article 16. Tnsofar as is not otherwise provided by international agreement, it is forbidden to carry persons or animals or goods in aircraft, and to have peusouis or animals or goods carried in aircraft, either between two or more places situated in the Netherlands or with a. place situated in the Netherlands as starting-point or terminus or intermediate station, as a main or subsidiary business or for remuneration, unless permission to do so has been gra.nted by Us or on Our behalf. ~. In the case of carriage as referred to in the first. paragraph, if no peIflhiSSlOfl is necessary then the requirements laid down by Us PAGENO="0411" AIR LAWS AND TREATIES OF THE WORLD 1813 or on Our behalf pursuant to international agreement shall be duly observed. Article 17. 1. It is forbidden to hold air displays or aviation contests without permission granted by or on behalf of Our Minister. 2. Above the Netherlands it is forbidden to take part in a display or contest for which no permission has been granted as referred to in the first paragraph. CHAPTER IV-AERODROMES Part 1-Designation of aerodromes Article 18. 1. Our Minister can designate aerodromes (a.) by virtue of his office; (b) on being petitioned to do so. 2. The documents referred to in the first paragraph of Article 20 must be submitted in duplicate along with a petition. Article 19. Our Minister can immediately reject a. petition as referred to in Article 18 by duly motivated order, in which case Articles 20-23 do not apply. Article 9~?O. 1. Before a designation can be effected, the following documents shall be deposited for thirty days for public inspection at the office of the Provincial Executive Council of the province or provinces in which the land is situated: a. a map on which the size, the location and the boundaries of the land intended for designation are clearly indicated, as well as the premises or parts of premises located wit.hin those boundaries, stating the cadastral numbers; b. a list stating the names and addresses (I) according to the cadastral registers, of the (A) owners of the land; (B) holders of a right in rem over the land; (C) holders of a right in rem over a right to the land; (II) of those who have a personal right with respect to the land, insofar as they are known to Our Minister or to the peti- tioner, in every case stating the premises or parts of premises involved, as well as the size of each of these premises or parts of premises, insofar as possible according to the cadastral registers; c. documentary evidence of the right to appropriate the land for an aerodrome. 2. If a petition has been received, this shall also be deposited. Article p21. 1. The depositing referred to in Article 20 shall be arranged by the Provincial Executive Council not, more than fifteen days after receipt of the documents from Our Minister. PAGENO="0412" 1814 AIR LAWS AND TREATIES OF THE WORLD 2. Prior notice of the depositing shall be given by or on behalf of the Provincial Executive Council (a) in the State~ Gazette and in one or more newspapers to be selected by the Provincial Executive Council; (b) by registered letter addressed to (I) the persons stated on the list mentioned in Article 20; (II) the petitioner. 3. The notice shall also state: a. the place, date and time at which an opportunity will be given to bring oral objections to the designation before a commission consisting of (I) a member of the Provincial Executive Council, appointed by that Council; (TI) an expert appointed by Our Minister; (III) the mayor of each municipality within which the land is situated, or a deputy to be appointed by him; b. the period within which objections can be submitted to the com- mission in writing. Artiele 22. 1. The commission shall draw up a procès-verbal of the objections which it has received orally. 2. The procès-verbaL together with the objections notified to the commission in writing and the recommendations of the commission, shall be sent to Our Minister by the commissions as soon as possible. Article 23. 1. Copies of all documents sent to Our Minister by the commission shall be deposited by or on behalf of the Provincial Executive Council for public inspection at the office of the Provincial Executive Council for thirty days. 2. Prior notice of the depositing shall be given by or on behalf of the provincial Executive Council. (a) in the State Gazette and in one or more newspapers to be selected by the Provincial Executive Council; (b) by registered letter addressed to (I) the persons stated on the list referred to in Article 20; (II) the other interested parties who have become known after the depositing referred to in Article 20; (III) all who have brought objections before the commis- sion orally or in writing; (IV) the petitioner. Article 24. Our Minister shall thereafter decide about the designation by duly motivated order. Article 25. L The designation may be restricted to (a) certain types of aircraft; (b) certain forms of air navigation. 2. Conditions may be attached to the designation. PAGENO="0413" AIR LAWS AND TREATIES OF THE WORLD 1815 Article 26. 1. Our Minister can refrain from applying Articles 20-23 with regard to land (a) in respect of which Articles 10-15 of the Compulsory Pur- chase Act (Statute Book 1851, 125) have been applied in behalf of air navigation; (b) which is not being designated for aeroplanes. Article 27. 1. Our Minister can at all times alter or revoke a designation by duly motivated order. 2. If he considers this desirable, Articles 20-23 shall be similarly applied. Article 28. 1. Our Minister shall revoke a designation on being petitioned to do so by the proprietor of the aerodrome. 2. Within three weeks after receipt of such a petition, notice thereof shall be given by Our Minister (a) in the State Gazette and in one or more newspapers to be selected by him; (b) by registered letter addressed to the interested parties, in- sofar as they are known to Our Minister. 3. The revocation shall take place not less than six weeks after this notification. 4. The revocation shall take place not more than six months after receipt of the petition, ~mless within this period the aerodrome has been vested in another proprietor or Article 11 and 12 of the Com- pulsory Purchase Act have been applied in regard to the aerodrome. Without prejudice to the provisions of the third paragraph, how- ever, Our Minister shall immediately revoke the designation (a) if a decision as referred to in Article 72a of the Com- pulsory Purchase Act has not been taken in respect of the aero- drome within a year after Articles 11 and 12 of the Compulsory Purchase Act have been applied; (b) if proceedings for compulsory purchase have not been in- stituted within the period specified in the decision referred to under (a). 5. The provisions of the preceding paragraphs shall be similarly applicable if the owner of the aerodrome submits a written request to Our Minister for revocation of the designation in view of the fact that the proprietor of the aerodrome is not or is no longer entitled to have the aerodrome at his disposal. Article 29. 1. Copies of orders providing for (a) designation, or alteration or revocation of a designation (b) rejection of a reiuest for designation, or rejection of a re- quest for alteration or revocation of a designation, shall be sent as soon as possible by registered letter to (I) the petitioner or the proprietor of the aerodrome, respectively; PAGENO="0414" 1816 Aw LAWS A\D TREATIES OF THE WORLD (II) and also, if Articles 20-23 have been applied, to (A) the persons stated on the list referred to in Article 20; (B) the other interested parties who have become known after the depositing referred to in Article 20; (C) all who have raised objections orally or in writing. 2. At the same time attention shall be drawn, if necessary, to the provisions of Article 30. 3. The orders referred to in the first paragraph under (a) shall be published in the State Gazette. Jit~7e 30. 1. Interested parties can appeal to Us against the orders referred to in Article 29, with the exception of those~whereby a designation is revoked under Article 28, within thirty days after the posting of the letter referred to in Article 29. 2. Without prejudice to the provisions of Article 40 of the Act of December 21. 1861 (Statute Book 129), Our decision shall be inserted in the State Gazette. Part 2-Use of aerodroin~es A i'tcIe 31. 1. It is forbidden (a) to have or to construct buildings or other erections, or to have, or to grow plants, on an aerodrome.; (b) to have movables or to make excavations on an aerodrome, other than in connection with the routine operation or the routine maintenance of the aerodrome. 2. The provisions of the first para.graph do not apply (a) in the cases specified by Order in Council; (b) if and insofar as exemption is granted by or on behalf of Our Minister. A rti~le 3~. The proprietor of an aerodrome. designated exclusively or partly for public civil air traffic is bound to admit this air traffic to the aero- drome, with due observance of the restrictions imposed by or in virtue of this Act. Article 33. 1. The proprietor of an aerodrome is forbidden to use an aerodrome or to have an aerodrome used or to let a.n aerodrome be used (a.) in contravention of the. restrictions and conditions attached to the designation; (b) in contravention of the instructions given by or on behalf of Our Minister as referred to in Article 35; (c.) for purposes other than those connected wit.h t.he operation of the aerodrome. 2. The ~ of t.he first paragraph do not apply if and insofar as exemption is granted by or on behalf of Our Minister. PAGENO="0415" AIR LAWS AND TREATIES OF THE WORLD 1817 Article 34. 1. The pilot-in-command of an aircraft is forbidden to use an aero- drome (a) in contravention of the restrictions and coiiditions attached to the designation; (b) in contravention of the instructions given by or on behalf of Our Minister, as referred to in Article 35. 2. The provisions of the first paragraph do not apply if and insofar as exemption is granted by or on behalf of Our Minister. Article 35. 1. An aerodrome can be temporarily declared closed by or on behalf of Our Minister on account of the condition of the aerodrome or for other reasons relating to the safety of air navigation. 2. With due observance of the relevant provisions of international agreements, the closure can be restricted to (a) certain types of aircraft; (b) certain forms of air navigation. Article 36. 1. The proprietor of an aerodrorne designated exclusively or partly for public civil air traffic is bound to fix charges for the use made by aircraft of this aerodrome and of the erections located thereon. 2. These charges require Our approval. 3. If Our approval is already necessary under the Provinces Act (Statute Book 1850, 39) or the Municipal Corporations Act (Statute Book 1851, 85) with respect to a resolution of the Provincial Executive Council of a pro ~rince or the Municipal Council of a municipality con- cerning the fixing of charges as referred to in the first paragraph, Our decision shall be taken on the joint recommendation of Our Minister of Transport and TVaterstaat and Our Minister of Home Affairs. Article 37. It is forbidden to levy charges for the use referred to in Article 36 other than the charges approved by Us pursuant to that article. Part 3-Prohibition of obstructions on land around aerodromes 1. IMPOSITION OF THE PROHIBITION Article 88. 1. Our Minister can impose a prohibition with respect to having movables, having or constructing buildings or other erections, or hav- ing or growing plants, on land situation within a distance of 500 metres from the boundary of an aerodrome, or on that land above a height to be determined by him. 2. Our Minister can impose a prohibition with respect to having movables, h ~ing or constructing buildings or other erections, or hav- ing or growing plants, on land situated within a distance of 500-5000 metres from the boundary of an aerodrorne above a height to be deter- mined by him, which cannot be less than the minimum height spe- ~ified in the third paragraph. PAGENO="0416" 1818 AIR LAWS AND TREATIES OF THE WORLD 3. For land situated at the distance referred to in Column A from the boundary of an aerodrorne, the minimum height referred to in the second paragraph is the height stated beside it in Column B. A B 500 metres 5. 00 metres 501 metres 5. 01 metres 502 metres 5. 02 metres and so on to 1000 metres 10. 00 metres 1003 metres 10. 04 metres 1006 metres 10. 08 metres 1009 metres 10. 12 metres and so on to 2125 metres 25. 00 metres 2125-5000 metres 25. 00 metres 4. The heights to be determined by Our Ministers shall be measured (a) from a level, designated for that purpose by or on behalf of Our Minister, which must not be lower than the point referred to under (b); (b) if no designation has taken place pursuant to (a), from the lowest point of the aerodrome. 5. It is forbidden to have movables, to have or to construct build- ings or other erections, or to have or to grow plants, in contravention of a prohibition imposed by Our Minister, as referred to in the first and second paragraphs. Arti~le 39. A prohibition as referred to in Article 38 does not affect (a) buildings existing at the time of the notification in the State. Gazette as referred to in Article 43; (b) buildings started prior to t.hat notification and regularly continued in accordance with a specification previously drawn up; (c) rebuilding and reconstruction, insofar as the rebuilt and reconstructed buildings do not differ considerably from the origi- nal, in the opinion of Our Minister, from the viewpoint of pre- vention of danger to air navigation; (d) non-woody plants, and implements, insofar as their pres- ence is necessary for the cultivation of those plants, in addition to animals. Article 40. 1. Our Minister can impose a prohibition as referred to in Article 38. (a) by virtue of his office; (b) on being petitioned to do so by the proprietor of the aero- drome. 2. The documents referred to in the first paragraph of Article 42 must be submitted in duplicate along with a petition. PAGENO="0417" AIR LAWS AXD TRF:ArIF:s OF THE WORLD 1819 Article 41. Our Minister can immediately reject a petition as referred to in Article 40 by duly motivated order, in which case Articles 4'2-45 do not apply. Article 42. 1. Before a prohibition can be imposed, the following documents shall be deposited for thirty days for public inspection at the office of the Provincial Executive Council of the province or provinces in which the land is situated: a. a map on which the size, the location and the boundaries of the land intended to be covered by the prohibition are clearly in- dicated, as well as the premises or parts of premises located within. those boundaries, stating cadastral numbers; b. a list stating the names and addresses (I) according to the cadast.ral registers, of the (A) owners of the land; (B) holders of a right in rem over the land; (C) h&lders of a right in rem over a right to the land; (II) of t.hose who have a personal right with respect to the land, insofar as they are known to Our Minister or to the proprietor of the aerodrome, in every case stating the premises or parts of premises involved, as well as the size of each of these premises or parts of premises, insofar as possible according to the cadastral registers. `2. If a petition has been received, this shall also be deposited. Article 43. 1. The depositing referred to in Article 42 shall be arranged by the Provincial Executive Council not more than fifteen days after receipt of the documents from Our Minister. 2. Prior notice of the depositing shall be given by or on behalf of the Provincial Executive Council (a) in the State Gazette and in one or more newspapers to be selected by the Provincial Executive Council; (b) by registered letter addressed to (A) the persons stated on the list mentioned in Article 42; (B) the proprietor of the aerodrome. .3. The notice shall also state: a. the place, date and time at which an opportunity will be given to bring oral objections to t.he prohibition before a commis- sion consisting of (I) a member of the Provincial Executive Council, am pointed by that Council; (II) an expert appointed by Our Minister; (III) the mayor of each municipality within which the land is situated, or a deputy to be appointed by him; b. the period within which objections can he submitted to the commission in writing. Article 44. 1. The commission shall draw up a procès-verbal of the objections which it has received orally. 39-737 0-65--vol. II-27 PAGENO="0418" 1820 AIR LAWS AXD TREATIES OF THE WORLD 2. The procès-verbal, together with the objections notified to the commission in writing and the recommendations of the commission, shall be sent to Our Minister by the commission as soon as possible. 3. The commission shall append a proposal concerning compensa- tion for the loss or damage ensuing from the prohibition. 4. In drawing up this proposal the commission shall be assisted by two experts, to be appointed at the request of t.he Provincial Executive Council by the President. of the District Court or one of the courts within whose jurisdiction the premises are situated. Article 45. 1. Copies of all documents sent to Our Minister by the commission shall be deposited by or on behalf of the Provincial Executive Council for public inspection at the office of the Provincial Executive Council for thirty days. 2. Prior notice of the depositing shall be given by or on behalf of the Provincial Executive Council (a) in the "State Gazette" and in one or more newspa~rs to be selected by the Provincial Executive Council; (b) by registered letter addressed to (I) the persons stated on the list mentioned in Article 42; (II) the other interested parties who have become known after the depositing referred to in Article 42; (III) all who have brought objections before the commis- sion orally or in writing; (IV) the proprietor of the aerodrome. Article 46. Our Minister shall thereafter decide about the designation by duly motivated order. Article 47. 1. Our Minister can at all times wholly or partly annul a prohibi- tion as referred to in Article 38, by duly motivated order. 2. If he considers this desirable, Articles 42-45 shall be similarly applied. Article 48. 1. Copies of orders providing for (a) imposition or annulment of a prohibition as referred to in Article 38. (b) rejection of a request for imposition or annulment of a pro- hibition as referred to in Article 38, shall be sent as soon as possible by registered letter to (I) the petitioner or the proprietor of the aerodrome, respec- tively; (II) and also, if Articles 42-45 have been applied, to (A) the persons stated on the list referred to in Article 42; (B) the other interested parties who have become known after the depositing referred to in Article 42; (C) all who have raised objections orally or in writing. At the same time attention shall be drawn to the provisions of Article 49. PAGENO="0419" AIR LAWS AND TREATIES OF THE WORLD 1821 2. The orders referred to in the first paragraph under (a) shall be published in the State Gazette. Copies of these orders shall be sent to Our Minister of Finance, who will arrange for the orders to be recorded in the cadastral map. Article 49. 1. Interested parties can appeal to Us against the orders referred to in Article 48 within thirty days after the posting of the letter referred to in that article. 2. Without prejudice to the provisions of Art1cle 40 of the Act of December 21, 1861, Statute Book 129, Our decision shall be inserted in the State Gazette. 2. COMPENSATION Article 50. 1. The proprietor of the aerodrome shall pay compensation for any loss or damage which may be suffered in consequence of a prohibition as referred to in Article 38, by (a) the owners of the land, (b) the holders of a right in rem over the land, (c) the holders of a right in rem over a right to the land, (d) those who have a personal right with respect to the land, on which this prohibition is imposed. 2. The diminution in value-as a direct consequence of the prohi- bition-of all the ground over which the same person has a right at the time of the coming into operation of the prohibition, also insofar as such ground is not covered by the prohibition, shall be taken into con- sideration in calculating the compensation. Changes made or planned after the notification in the State Gazette, as referred to in Article 38, shall not be taken into account. 3. Mortgagees do not receive any separate compensation. They have right of recovery from the compensation payable to the persons entitled to the right on which the mortgage was granted, even if the mortgage debt is not due. If the mortgage debt is conditional or of an indefinite amount, the mortgagee can requi.re that the compensation up to an amount not exceeding the value stated in the deed be pro- visionally recorded in one of the Registers of the National Debt. The compensation must not be paid and a judicial order for payment must not be put into execution, on pain of nullity, until fourteen days after the mortgagees have been notified of the intention to effect payment or to proceed to execution. Article 51. 1. Within thirty days after the coming into operation of a prohibi- tion, the proprietor of t.he aerodrome shall make an offer of a certain compensation to the persons entitled to compensation; this shall be done by registered letter. By a similar letter the mort.gagees shall be notified of the offer made to the persons entitled to the right on which the mortgage was granted. 2. If the proprietor of the aerodrome, the persons entitled to com- pensation and the mortgagees fail to re.ach agreement within six months after the coming into operation of the prohibition, the per- sons entitled to compensation and the mortgagees can bring an action at law for assessment of the loss or damage. PAGENO="0420" 1822 AIR LAWS AXD TREATIES OF THE WORLD 3. If this action is not brought within a year after the coming int& operation of the prohibition, then the offers are bmding. Article &. 1. Persons entitled to compensation and mortgagees can bring am action at law for assessment of the loss or damage if they have not re- ceived an offer or notification within thirty days in accordance with the first paragraph of the preceding article. 2. The action must be brought within a year after the expiration of the period stated in the first paragraph. Article 53. 1. The actio~ for assessment of the loss or damage shall be brought before the District Court within whose jurisdiction the ground is wholly or mainly situated. 2. In the case of mortgaged rights the summons must also be served on the mortgagees, on pain of nullity; if it originates from mortgagees, it must be served on the persons entitled to the rights on which the mortgages were granted and on the remaining mortgagees. Article 54. 1. After consultation with the parties this District Court can ap- point one or three experts in the case. Articles 27 (second paragraph), 28, 29 (first and second paragraphs), 30-33, 34 (first, second, third, fourth and sixth paragraphs) and 35-37 of the Compulsory Purchase Act shall be similarly applied, on the understanding that wherever they occur in these articles the words "third parties interested" shall be replaced by the words "interested parties." 2. Otherwise the provisions of the Code of Civil Procedure are applicable to the case. 3. The judgment is final. 4. An appeal to the Court of Appeal must be lodged within fourteen days after the judgment. It shall be lodged by filing a declaration with the Clerk of the District Court which passed the judgment. 5. Article 53 of t.he Compulsory Purchase Act is applicable. Article 55. 1. If a prohibition as referred to in Article 38 is wholly or partly annulled, the proprietor of the aerodrome can claim from (a) the owners of the land, (b) the holders of a right in rem over the land, (c) the holders of a right in rem over a right to the land, on which the prohibition was imposed, the increase in the value of these premises for these persons in consequence of the said annulment up to-in the case of complete annulment-an amount not exceeding the amount that was granted as compensation when the prohibition was imposed. 2. The claim must be brought within a year after the coming into operation of the annulment. 3. Articles 50 (second paragraph), 53 (first paragraph) and 54 are similarly applicable. PAGENO="0421" AIR LAWS AND TREATIES OF THE WORLD 1823 Part 4-Military worics Article 56. 1. When the construction, maintenance or use of a work for the de- fence of the realm on an aerodrome designated exclusively or jointly for civil air traffic would contravene a provision of t.his Act or of any order made thereunder, we can grant exemption from this provision on the recommendation of Our Minister of War of Our Minister of the Navy. 2. A recommendation as referred to in the first paragraph shall not be made except in agreement with Our Minister of Transport and Waterstaat. CHAPTER V-MILITARY REQUISITIONS Article 57. In case of war, danger of war, state of war or stage of siege, or in case it is declared by Us t.hat exceptional circumstances make this necessary for the maintenance of external or internal security, the provisions of this Act and of any orders made thereunder do not apply with respect to military aircraft and the members of their crew, nor with respect to military aerodromes, except insofar as this is directed by Us by Order in Council. Article 58. 1. Without prejudice to the powers conferred by other Acts, in the cases stated in Article 57 We can authorize Our Minister of War and Our Minister of the Navy to requisition for the armed forces-in agreement with Our Minister of Transport and TViterstaat-air- craft and aerodromes with buildings and installations belonging thereto as welli as the movables located in those buildings and in- stallations. 2. During the time that aerodromes and aircraft are placed at the disposal of the armed forces in accordance with the first paragraph, these shall be regarded as military aerodromes and military aircraft. Arti~ie 59. `Without prejudice to the powers conferred by other Acts, in the cases stated in Article 57 Our Minister of War and Our Minister of the Navy have power (a) to give directions to persons having rights over aerodromes concerning the control and the use of those areodromes, (b) to give directions to persons having rights over movables and immovables which are located on aerodromes, with regard t.o the control and the use thereof, (c) to have works carried out on aerodromes, (d) to have repairs made to the movables and immovables located on aerodromes, (e) to have aerodromes and the buildings and installations be- longing thereto, as well as factories, workshops and appurtenances which are serviceable to aviation, entered at all times, all in agreement with Our Minister of Transport and TVaterstaat. Arti4e 60. The measures taken pursuant to Articles ~8 and 59 give a right to compensation in accordance with rules to be laid down by Order in Council. PAGENO="0422" 1824 AIR LAWS AND TREATIES OF THE WORLD Article 61. 1. In the cases stated in Article 57 We. can authorize Our Minister of War a.nd Our Minister of the Navy to give orders-in agreement with Our Minister of Transport and TVater~taa.t-to persons wh~ are in possession of a license issued pursuant to this Act., as well as to persons belonging to categories of personnel to be designated by Order in Council, such personnel being employed in behalf of air navigation. 2. Rules shall be laid down by Order in Council concerning. the nature and the duration of the orders as well as the. manner in which and the conditions on which they can be given, and also concerning compensation in respect of the orders issued. The legal status of persons who have received an order shall be regulated by Order in Council to conform as much as possible with that of the Civil Defence worker. CHAPTER VI-PENALTIES Article 62 1. Any person who contravenes one of the Articles 8, 14 (first para- graph, c), 16, 17 (first paragraph), 31, 32, 33, 34, 36, 37, 38 (fifth paragraph) or 74 shall be liable to detention for a period not exceeding one year or a fine of nor more than three thousand guilders. 2. The pilot-in-command who contravenes one of the Articles 4, 13, 14 (first. paragraph, a and b) or 17 (second paragraph) shall be- liable t.o the same penalty. 3. In the case of contravention of a regulation made by or in vir- tue of an Order in Council under this Act, the main penalty pre- scribed by that Order in Council shall not be other than or higher than either detention for a period not. exceeding four months or a fine of not more than a thousand guilders, or a fine not exceeding a thou- sand guilders. 4. The owner or operator of an aircraft who has air navigation per- formed or lets it be performed in contravention of one of the Articles 4, 8 of 16 shall be liable to detention for a period not. exceeding one year or a fine of not more than three thousand guilders. Artide 63. Contravention of one of the Articles 15 or 65 shall be punishable with imprisonment for a period not exceeding three months or a fine of not more than three hundred guilders. Article 64. 1. On conviction for an offence against (a.) one of the Articles 4,8, 13 and 17, (b) a regulation of an Order in Council issued under this Act, in the cases in which this is stipulated in that Order in Council, the. offender can be disqualified from operating an aircraft for a period not exceeding three years. 2. On application of the provisions of the first paragraph, a licence or certificate of validation shall cease to be valid for the duration of the disqualification as soon as t.he judgment of the court has become enforceable so far as this extra penalty is concerned. The appropri- ate official of the Public Prosecutor's Office shall immediately report this to Our Minister, who shall give notice thereof in the State Gazette. PAGENO="0423" AIR LAWS AND TREATIES OF THE WORLD 1825 Article 65. Any person who knows or can reasonably be expected to know that he has been disqualified from operating an aircraft by court judgment, is forbidden to operate an aircraft during the period of his disqiiali- fication. Article 66. 1. Any person who wilfully fails to comply with a requisition made under the terms of Article 58 shall be liable to imprisonment for a period not exceeding three years. 2. Any person who wilfully contravenes a direction given pursuant to Article 59 shall be liable to imprisonment for a period not exceeding two years. 3. Any person who wilfully fails to carry out an order given pur- suant to Article 61 shall be liable to imprisonment for a period not ~exceeding two years. Article 67. 1. Any person who fails to comply with a requisition made under the terms of Article 58 shall be liable to detention for a period not ~exceeding one year. 2. Any person who contravenes a direction given pursuant to Article 59 shall be liable to detention for a period not exceeding six months. 3. Any person who fails to carry out an order given pursuant to Article 61 shall be liable to detention for a period not exceeding six months. Article 68. Any person who performs an act with intent to obstruct, the exercise of the powers stated in Articles 58, 59 and 61 shall be liable to impris- onment for a period not exceeding two years. Article 69. If an act made punishable in Articles 62, 63, 66-68, or in a regula- tion made by or in virtue of an Order in Council under this Act, is committed by or on behalf of a body corporate, the criminal proceed- ings can also be instituted against and a penalty also imposed on the person who gave orders for the act or who was in fact responsible for the forbidden action or omission. Article 70. The acts made punishable by Articles 63, 66 and 68 are crimes. The .acts made punishable by Articles 62 and 67 are offences. Article 71. In addition to the persons designated by Article 141 of the Code of Criminal Procedure, the following persons are charged with the detec- tion of acts made punishable by or in virtue of this Act: a. all other officers of the State Police and Municipal Police; b. the officers of Customs and Excise; c. the persons to be designated by Our Minister. Article 7~. Our Minister can designate officials who are authorized in virtue of ~a special order in writing from Our Minister, assisted if necessary by PAGENO="0424" 1826 AIR LAWS~ AND TREATIES OF THE WORLD officers of the State Police or Municipal Police and at the expense of the offenders, to remove, to have removed, to prevent, to have pre- vented, to perform, to have performed, to restore or to have restored to the former state, anything that is or has been made or put up, undertaken or omitted, in contravention of this Act or regulations made in virtue of that Act. In the meantime such action shall not be taken until after the person concerned has been warned in writing and, if lie so wishes, allowed to inspect the order. Article 73. 1. Our Minister of Transport and TVaterstax't can (a) designate officials who are authorized to enter aerodromes designated for civil air traffic and the aircraft, buildings and in- stallations located thereon, as well as factories, workshops and appurtenances thereof which may reasonably be supposed to be intended for the manufacture, maintenance or repair of aircraft or parts thereof, in order to satisfy themselves that the relevant statutory provisions are being complied with; (b) designate persons who are authorized to forbid and to prevent the taking off of aircraft. 2. The power referred to in the first paragraph under (a) can like- wise be exercised with respect to military aerodromes which may also be used by civil aircraft~ under the terms of their designation or an exemption granted in this connection and with respect to sections of military factories, workshops and appurtenances where civil aircraft are located, provided that everything is done in conformity with the directives issued by the military authorities. 3. If the buildings and installations, factories, workshops and appurtenances thereof referred to in the first paragraph under (a) are also dwellings or are only accessible through a dwelling, the officials referred to in the first paragraph under (a) shall not enter them against~ the will of the occupant except on presentation of a special order in writing from the mayor or magistrate. A proc~s- verbal of this entry shall be drawii up and a copy of it shall be de- livered within forty-eight hours to the person whose dwelling has been entered. Article 74. 1. The officials referred t.o in the first paragraph under (a) of Article 73 are pledged to secrecy concerning the knowledge that they Ihave obtained of the activities perforr~ed in places which they enter pursuant to the provisions of that article, insofar as such secrecy is not contrary to regulations made in virtue of this Act or contrary to another Act. 2. Any person who wilfully infringes the secrecy imposed by the preceding paragraph shall be liable to imprisonment for a period not exceeding six months or a fine of not more than six hundred guilders, with or without disqualification from holding public office. 3. The person who is to blame for infringement of that secrecy shall be liable to detention for a period not exceeding three months or a fine of not. more than three hundred guilders. 4. The acts made punishable by the second and third paragraphs shall be regarded as crimes. No prosecution shall take place except on a complaint lodged by the head or the manager of the business or the undertaking with respect to which the secrecy has been infringed. PAGENO="0425" AIR LAWS AXD TREATIES OF THE WORLD 1827 Article 75. On demand of the persons referred to in Article 71 the pilot-in- command and the other members of the crew of an aircraft are bound to hand over properly for inspection the documents required by or in virtue of this Act. CHAPTER VII-FINAL PROVISIONS Article 76. 1. Further regulations can be made by or in virtue of an Order in Council (a) for the implementation of the provisions of the preceding chapters; (b) for the promotion of the safety and the regularity of air navigation; (c) concerning the construction, the equipment and the use of aerodromes; (d) for the safeguarding of military interests; * (e) concerning the customs procedures with respect to persons and goods, including foreign currency and other property, which enter or leave the Netherlands by means of aircraft, includin measures to ensure the payment of taxes due on the import an export of goods; (f) concerning the use of helicopters, rockets, parachutes and model aircraft; (g) concerning the training of aeroplane pilots; (h) concerning the flying of kites; (i) concerning the catapulting of aeroplanes; (j) concerning the carriage of ~nimals in aircraft. 2. In addition, the charcres for the following can be regulated by or in virtue of an Order in ~1ouncil: (a) the use of State-owned aerodromes; (b) activities performed by the State; (c) services supplied by the State. * Article 77. 1. An offence against a regulation made by or in virtue of an Order in Council pursuant to the first paragraph (e) of Article 76 shall be prosecuted on behalf of Our Minister of Finance before the District Court in the manner referred to in the sixth title of the fourth book of the Code of Criminal Procedure. So long as the accused has not been summoned by or on behalf of Our Minister aforesaid, he can be al- lowed to effect settlement. 2. Aircraft with which, and goods in respec.t of which, a regulation as referred to in the first paragraph (e) of Article 76 has been contra- vened, can be seized for recovery of the penalty by the offieials referred to in Article 71 or designated in accordance with Article 71 under c, and can be sold by execution. The things seized shall be handed over to a Collector of Customs or Excise. Article 78. Article 4 of the Code of Criminal Procedure shall be amended as follows: a. the words "or aircraft" shall be inserted each time after the word "vessel"; *p~tragraph (e) of Article 76 and the entire Article 77. Were abrogated by Law of Aug. 2, 1962 (Staatsblad 1962, p. 324). PAGENO="0426" 1828 AIR LAWS AND TREATIES OF THE WORLD b. the words "shipping business" shall be replaced by the word "business." Article 79. In Articles 22 (eighth paragraph), 24 (second paragraph), 27 (first paragraph), 37 (first and third paragraphs) and 44 of the Air Acci- `dent Act (Statute Book 1936, 522) the words "certificate of com- petency" shall be replaced each time by the word "licence." Article 80. 1. The Act of July 30, 1926, Statute Book 249 (Aviation Act), shall be repealed. 2. The certificates of registration, certificates of airworthiness, licences and certificates of validation issued under the terms of that Act, insofar as they have not ceased to be valid in virtue of the pro- visions of that Act, shall remain valid until further arrangements in that respect have been made by Order in Council. 3. The designation of aerodromes shall remain in force with the old le~a1 consequences for three years after the coming into operation of this Act, unless Our Minister revokes the designation at an earlier date. If the revocation is accompanied by simultaneous designation pursuant to this Act, Our Minister can refrain from applying all or part of Articles 20-23 insofar as the new designation relates to land which had already been designated. 4. The preceding paragraph shall be similarly applied to decisions taken concerning obstructive works and actions, pursuant. to the Act referred to in the first paragraph. Article 81. This Act shall come into operation on a date to be determined by Us; We can reserve the right to fix another date on which Article 56 shall come into operation. Article 82. This Act may be cited as the Aviation Act. PAGENO="0427" NEW ZEALAND PRELIMINARY The basic air law of New Zealand is the Civil Aviation Act, 1948, No. 12, as amended by the Civil Aviation Amendment. Acts, 1955, 1961, No. 77, and 1963. No. 79, by the Shipping and Seamen Act, 1952, and by the Samoa Amendment Act, 195?. Section 7 of the Civil Avia- tion Act, 1948, was repealed by Section 515(1) of the Shipping and Seamen Act, 1952, and Section 12(4) was repealed by Section 45(1) of the Samoa Amendment Act, 1957. Administrative matters are regulat&l by the New Zealand National Airways Act, 1945, No. 12, as amended, which is not reproduced here.. The principal Act is found in New Zealand Statutes, 1945, P. 191. The amendments to this Act are as follows: National Airways Amend- ment Act, 1948, No. 73 (N.Z. Stat. 1948, p. 908); National Airways- Amendment Act, 1956, No. 26 (N.Z. Stat. 1956, p. 163), the National Airways Amendment Act, 1957, No. 97 (N.Z. Stat. 1957 p. 942), and the Air Services Licensing Act, 1951, No. 25 (N.Z. ~tat. Reprint 1908-1957 vol. 1, p. 177). The National Airways Amendment Act,. 1948, No. ~3, has been largely repealed or amended by the Air Services Licensing Act, 1951, No. 25. Thus, Sections 2(2), 3 to 12, 15 to 21,. and 23, 25, and 26 were repealed by Section 54(1) of the Air Services. Licensing Act. Sections 13(2) and 13(3) were amended by that Act. Other sections were repealed or amended by the National Air- ways Amendment Acts of 1956 and 1957 (Sections 24 (1956 Act),. 2, 15(1), (2), 17, 24, 27(1) (1957 Act)). The Civil Aviation Act, 1948, No. 12, as amended, is found in New Zealand Statutes Reprint, 1908-1957, vol. 2, p. 107.. 1829 PAGENO="0428" 1830 AIR LAWS AND TREATIES OF THE WORLD THE CIVIL AvIA'rIoN ACT OF 1948 AS AMENDED 1955, No. 12* (Reprint of the statutes of New Zealand 1908-1957, vol. 2, p. 107) Title ANALYSIS 1. Short title 2. Interpretation 3. Power to give effect to Convention and regulate civil aviation 3A. Minister may establish, maintain, and operate air- dromes and facilities in connection with civil aviation 4. Special powers in case of emergency ~. Nuisance, trespass and responsibility for damage 6. Penally for dangerous operation of aircraft 7. Repealed 8. Power to provide for investigation of accidents 9. General provision as to Orders in Council, etc. 10. Special provisions as to Crown 11. Appointment of Director of Civil Aviation 12. Application of Act to Cook Islands, Western Sa- moa, and other territories 13. Repeals and savings *For amendments of section 3 see in/ru, Act No. 77 of Dec. 1, 1961, and Act No. 79 of Oct. 23, 1963. PAGENO="0429" AIR LAWS AND TREATIES OF THE WORLD 1831 An Act to provide for the regulation of civil aviation and to give effect to a Convention on International Civil Aviation signed on behalf of the Government of New Zealand at Chicago on the seventh day of December, nineteen hundred and forty-four. [26th August, 1948 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same, as follows :- 1. This Act may be cited as the Civil Aviation Act, 1948 2. In this Act, unless the context otherwise requires,- "Aerodrome" means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, movement, and servicing of aircraft; and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its admini~tration; "Aircraft" means any machine that can derive support in the atmosphere from the reactions of the air; 1 "Air navio~ation" means the operation of guiding an aircraft ~`rom one place to another, and includes the operation of fixing the position of an aircraft when required; "Air traffic" includes the movement of aircraft on an aerodrome; "Convention" means the Convention on Interna- tional Civil Aviation signed on behalf of the Gov- ernment of New Zealand in Chicago on the seventh day of December, nineteen hundred and forty-four, and includes the international standards and rec- ommended practices and procedures adopted by the International Civil Aviation Organization, in pur- suance of Article 37 of the Convention; "Minister" means the Minister in Charge of Civil Aviation; 2 "New Zealand" includes the Cook Islands, West- em Samoa, the Tokelau Islands, and any other ter- ritorv subject to the protection, trusteeship, or authority of the Government of New Zealand. 1 Definitions of "aerodrome" and "aircraft" were substituted for the or~ginai definitions by section 2(1) of the Clvii Aviation Amendment Act 1955, No. 40 (October 20, 1955). ~Definition of "Minister" was Inserted by section 2(2) of the Civil Aviation Amendment Act 1955. Title. Short Title. Interpretation. PAGENO="0430" 1832 AIR LAWS AND TREATIES OF THE WORLD Power to give 3. (1) The Governor-General may from time to time, Convention by Order in Council, make such regulations as appear to and regulate ~civil aviation. him to be necessary or expedient. (a) For carrying out the Convention, any Annex thereto relating to international standards and rec- ommended practices and procedures (being an kn- nex adopted in accordance with the Convention) and any amendment of the Convention or any such An- nex made in accordance with the Convention; or (b) Generally for regulating civil aviation. (2) Without limiting the general powers hereinbefore conferred, it is hereby declared that regulations may be made under this section making provisions- (a) For the licensing, inspection, and regulation of aerodromes, for access to, or for prohibiting or controlling access to, aerodromes and places where aircraft have landed, for access to factories for the purpose of inspecting work therein carried on in re- lat.ion to aircraft, or parts thereof, or aviation equip- ment, and for prohibiting or regulating the use of unlicensed aerodromes; (b) For minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air traffic or air navigation, and for prohibiting or regulating the use of any such apparatus; (c) Regulating the display of signs and lights likely to endanger aircraft; (d) Generally for securing the safety, efficiency, and regularity of air traffic and the safety of air- craft and of persons and property carried therein, for preventing aircraft endangering other persons and property, and, in particuJar, for the detention of aircraft for any of the purposes specified in this paragraph; (e) Regulating the use of the civil air ensign and any other ensign authorized for purposes connected with civil aviation; (f) Prescribing and regulating the charges, fees, or dues to be paid in respect of the use of aerodromes licensed or authorized under the regulations or in respect of the use of any facilities provided or serv- ices rendered at those aerodromes or in respect of the use of any facilities established or maintained for the purpose of providing for the safety and efficient operation of aircraft engaged in civil aviation; (g) Prescribing the fees to be paid in respect of the issue, validation, renewal, extension, or variation of any certificate, license, or other document or the undergoing of any examination or test required by In subsection (2) par. (f) was substituted for the original par. (f) by section 3 of the Civil Aviation Act 1955 as of April 1, 1955. PAGENO="0431" AIR LAWS AND TREATIES OF THE WORLD 1833 the regulations and in respect of any other matters in respect of which it appears to the Governor- General in Council to be expedient for the purposes of the regulations to charge fees; (h) For obtaining such information as may be - required for the purposes of the regulations, and for the forms of applications, certificates, and other documents required under the regulations; (1) Exempting from the vrovisions of the regu- lations or any of them any aircraft or persons or classes of aircraft or persons. (3) Any regulations made under this section may provide for the imposition of penalties not exceeding a fine of two hundred pounds or imprisonment for a term of six months. ~A. (1) Subject to the provisions of subsection two of Minister may establish, main- section 2 of the Ministry of Works Act 1943, the Mifl- tam, and oper- ister may for the purposes of civil aviation establish, a~e~afear~i?~es m~!Antain, and operate aerodromes and services and fa- in con~iection cilities in connection with the o~eration of any aerodrome ~ or with the operation of aircraft engaged in civil avi~tt ion. (2) Without limiting the general powers hereinbefore conferred, it is hereby declared that the Minister may establish, maintain, and operate radio navigational aids, beacons, and lighting systems, air traffic control services, aeronautical communication services, buildings and ac- commodation, and such other services and facilities as the Minister thinks necessary for the purpose of pro- viding for the safety and efficient operation of aircraft engaged in civil aviation. (3) All works undertaken under the authority of this section are hereby declared to be public works within the meaning of the Pubiic Works Act 1928. (4) The powers conferred by this section are in addi- tion to and not in derogation of any powers conferred by any other enactment and nothingin this section shall be construed to limit or affect the powers conferred on any person or authority by any other enactment.4 4. (1) In time of war, whether actual or imminent, or Special powers of national emergency, the Governor-General may, by* ~ Proclamation, regulate or prohibit, either `absolutely or subject to such conditions as may he contained in the Proclamation, and notwithstanding the provisions of this Act or of any regulations made thereunder, the flight of all or any descriptions of aircraft over New Zealand or any portion thereof; and without limiting the generality of this provision, any such Proclamation may provide for taking possession of and using for the purposes of Her Majesty's Naval, Military, or Air Forces any aero- drome or any aircraft, machinery, plant, material, or This section was inserted by section 4. Civil Aviation Amendment Act 1955. Section 3C. was inserted by the Civil Aviation Amendment Act. 1961, see mica. PAGENO="0432" 1834 AIR LAWS AND TREATIES OF THE WORLD things found therein or thereon, or any aviation equip- ment elsewhere, and for regulating or prohibiting the use, erection, building, maintenance, or establishment of any aerodrome, flying school, or any class or description thereof. (2) Any such Proclamation may provide for the im- position of penalties to secure compliance with the Proc- lamation, not exceeding those which may be imposed pursuant to subsection three of the last preceding sec- tion, and may authorize such steps to be taken in order to secure such compliance as appears to the Governor- General to be necessary. (3) Any person who suffers direct injury or loss owing to the operation of a Proclamation under this section shall be entitled to receive compensation therefor, the amount of the compensation to be fixed by agreement with the Minister with the concurrence of the Minister of Finance, or in default of agreement to be fixed by the Land Valuation Court: Provided that no compensation shall be payable by reason of the operation of a general Proclamation under this section prohibiting flying in New Zealand or any part thereof. (4) A Proclamation under this section may be revoked or varied by a subsequent Proclamation. Nuisance, 5. (1) Any regulations made under section three of ~ this Act may provide for regulating the conditions under for damage, which noise and vibration may be caused by aircraft or aircraft engines on aerodromes and may provide that subsection two of this section shall apply to any aero- drome in respect of which provision as to noise and vibra- tion caused by aircraft is so made. (2) No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft or air- craft. engines on an aerodrome to which this subsection applies by virtue of any regulations made under section three of this Act so long as the provisions of the regula- tions are duly complied with. (3) No action shall lie in respect of trespass, or in respect of nuisance, by reason only of the flight of air- craft over any property at a height above the ground which having regard to wind, weather, and all the cir- cumstances of the case is reasonable, or the ordinary inci- dents of such flight, so long as the provisions of this Act and of any regulations or Proclamations made there- under are duly complied with; but where material dam- age or loss is caused by an aircraft in flight, taking off, landing or aiightin~, or by any person in any such air- craft, or by any article or person falling from any such 6 In subsection (3) the word "Minister" replaced "Minister of Defense" (Civ. Av. Am. Act 1955, section 3(3)),, and the words "Land valuation court" replaced "a Compensation Court under Part III of the Public Works Act 1928" (Land Va]. Court Act 19~I ~ction 28s~2)). PAGENO="0433" AIR LAWS AND TREATIES OF THE WORLD 1835 aircraft, to any person or property on land or water, damages shall be recoverable from the owner of the air- craft in respect of the damage or loss, without proof of negligence or intention or other cause of action as if the damage or loss had been caused by his fau't, except where the damage or loss was caused by or contributed to by the fault of the person by whom the same was suffered: Provided that where material damage is caused as aforesaid in circumstances in which- (a) Damages are recoverable from the owner in respect of the said damage or loss by virtue only of the preceding provisions of this subsection; and (b) A legal liability is created in some person other than the owner to pay damages in respect of the said damage or loss,- the owner shall be entitled to be indenmified by that other person against any claim in respect of the said damage or loss. (4) Where any aircraft has been demised, let, or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the air- craft is in the employment of the owner, this section shall have effect as if for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out. (5) For the purposes of this section the term "fault" means negligence, breach of statutory duty, or other act or omission which gives rise to a liabili'ty in tort or would, apart~ from the Contributory Negligence Act, 1947, give rise to the defence of contributory negligence. 6. (1) Where an aircraft is operated in such a man- Penaityfor ner as to be the cause of unnecessary danger to any per- son or property, the pilot or the person in charge of the aircraft. aircra~, and also the owner thereof unless he proves to the satisfaction of the Court that the aircraft was so operated without his actual fault or privity, shall be liable on summary conviction to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding twelve months, or to both such imprisonment and such fine.6 (2) For the purposes of this section the expression "owner" in relation to an aircraft includes any person to whom the aircraft is demised, let., or hired out at the time of the offence. (3) The provisions of this section shall be in addition to and not in di ~ogation of any general safety or other regulations under this Act. 0 In subsection (1) the words "five hundred pounds" replaced "two hundred pounds" and "twelve months" replaced `six months" (Civ. Av. Am. Act 1955, section 5). 39-737 0-65-vol. II-~28 PAGENO="0434" 1836 AIR LAWS AXD TREATIES OF THE WORLD Wreckand 7. Repealed by section 515(1) of the Shipping and salvage. eamen Act of 1952.' ~et~or 8. (1) The Governor-General may, from time to time, rnvestigation by Order in Council, make regulations providing for the of accidents. . invest.igat ion of any accident. or any unusual or danger- ous incident arising out of or in connection with air traffic or air investigation. (2) Without limiting the generality of the foregoing provisions, regulations under this section may contain provisions- (a) Requiring notice to be given of any such accident or incident as aforesaid in such manner and by such persons as may be specified in the re.gula- tions; (b) Requiring a report to be made, in such man- ner and by such persons as may be specified in the regulations, of any mechanical or structural defect discovered during the operation of any aircraft; (c) Prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purposes of an investiga- tion, to have access to, examine, remove, take meas- ures for the preservation of, or otherwise deal with any such aircraft; (d) Conferring on any person holding an investi- gation under the regulations the rights and powers of a Commission appointed under the Commissions of Inquiry Act., 1908, and ap~1ying all or any of the provisions of that Act accordingly; (e) Authorizing or requiring the cancellation, revocation, suspension, endorsement, or surrender of any licence or certificate granted under this Act or under any Proclamation, Order in Council, or regu- lations made thereunder, where it appears on an investigation that the licence or certificate ought to be cancelled, revoked, suspended, endorsed, or sur- rendered, and for the production of any such licence or c8rtificate for the purpose of being so dealt with. (3) If any person contravenes or fails to comply with any regulations under this section he shall be liable on summary conviction to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding six months. 9. (1) Any Proclamation, Order in Council, or regu- Orders in lations under t.his Act may apply generally throughout Council, &C~ New Zealand, or within any specified part or parts thereof, and may apply to all aircraft or to any specified class or classes of aircraft. As to wreck and salvage of aircraft: Part IX, Shipping and Seamen Act 1952. Assistance to aircraft: ibid. section 510. Removal of wreck, see also Harbours Act 1950, section 208. PAGENO="0435" AIR LAWS AND TREATIES OF THE WORLD 1837 (2) In so far as the by-laws of any local authority in force in any locality are inconsistent with or repugnant to the provisions of any Proclamation, Order in Council, or r~gu1ations under this Act in force in the same locality, the by-laws shall, in so far as they relate to aircraft and air traffic he deemed to be subject to the Proclamation, Order in Council, or regulations, notwithstanding that any such by-laws may have been made under some other Act. (3) All Proclamations, Orders in Council, and regu- lations made under this Act shall be laid before the House of Representatives within twenty-eight days after the making thereof if Parliament is then in session, and, if not, then within twenty-eight days after the com- mencement of the next ensuing session.8 10. (1) This Act shall bind the Crown: ~~ons as Provided that, except as provided by any other Act, to Crown. nothing in this Act or in any Proclamation, Order in Council or regulations made under this Act shall apply to aircraft used for the purposes of any of Her Maj- esty's Naval, Military, or Air Forces. (2) Nothing in this Act, or in any Proclamation, Order in Council, or regulations made under this Act shall prejudice or affect the rights, powers, or privileges of the Minister of Marine in respect of lighthouses. 11. (1) For the purposes of this Act there shall be an ~p~~m:rtot officer of the Air Department established under the Air Civil Aviation. 1937, No. 7. Department Act, 1937, to be called the Director of Civil Aviation, who shall have such special duties and func- tions as may be conferred on him by regulations under this Act. The officer who, on the passing of this Act, holds office as the Director of Civil Aviation shall, with- out further appointment, be deemed to have been duly appointed as Director of Civil Aviation under this section. (2) Section four of the Air Department Act, 19372 is hereby consequentially amended by repealing subsection two thereof. 12. (1) Except as otherwise provided by this section, ~ of this Act shall extend to and be in force in the Cook Islandg, West- ern Samoa, Islands, Western Samoa, the Tokelau Islands, and any and other other territory subject to the protection, trusteeship, or territories. authority of the Government of New Zealand. (2) The following provisions of this Act shall have no application in any of the said territories (a) Section seven; (b) Subsections two and three of section nine; (c) Subsection two of section ten. (3) The amount of compensation payable to any per- son resident in any of the said territories under sub- ~ In subsection (3) the words "House of Representatives" replaced "both Houses of Parliament" (Legislative Council Abolition Act 19~O, section 2(4)). PAGENO="0436" 1838 AIR LAWS AND TREATIES OF THE WORLD section three of section four hereof shall be fixed by agreement with the Minister of Island Territories or, in default of agreement, by arbitration in accordance with the Arbitration Act, 1908. 13. (1) The Air Navigation Act, 1931, and section four of the. Statutes Amendment Act, 1939, are hereby repealed. (2 The Samoa Aviation Regulations 1938 are hereby revoked. (3) All Proclamations, Orders in Council, regulations, warrants, offices, appointments, registers, books, records, licences, certificates, notices, and generally all acts of authority that originated under any of the said enact- ments and are subsisting or in face on the passing of this Act shall enure for the purposes of this Act as fully and effectually as if they had originated under this Act, and accordingly shall, where necessary, be deemed to have so originated. (4) All matters and proceedings commenced under any of the enactments hereby repealed and pending or in progress on the passing of this Act may be continued and completed under this Act. (5) All references in any unrepealed enactment to the Air Navigation Act, 1931. shall, unless the context other- wise requires, be hereafter read as references to this Act. PAGENO="0437" AIR LAWS AND TREATIES OF THE WORLD 1839 ANALYSIS * 2. Removing limitation as to borrowing Title by Corporation from Minister, of 1. Short Title Finance * 1956, No. 26 An Act to amend the New Zealand National Airways Act 1945 [25 October 1956 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the New Zealand National Airways Amendment Act 1956, and shall be read together with and deemed part of the New Zealand National Airways Act 1945 (hereinafter referred to as the principal Act). 2. Removing limitation as to borrowing by Corporation from Minister of Finance-Section twenty-four of the princi- pal Act is hereby amended by omitting from subsection one the words "not exceeding five hundred thousand pounds". PAGENO="0438" AIR LAWs A~D TREATIES OF THE WORLD ANALYSIS 3. Loans and advances by Corporation Title 4. Liability of Corporation as carrier 1. Short Title 5. Borrowing powers 2. Interpretation 6. P `~serves 1957, No. An Act to amend the New Zeal: rid National Airways Act 1945 [24 October 1957 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the New Zealand National Airways Amendment Act 1957, and shall be read together with and deemed, part of the New Zealand National Airways Act 1945 (hereinafter referred to as the principal Act). 2. Interpretation-Section two of the principal Act is here- by amended by repealing the definition of the term "Minis- ter", and substituting the following definition: "`Minister' means the Minister in Charge of Civil Aviation". 3. Loans and advances by Corporation-( 1) Subsection OflC of section fifteen of the principal Act is hereby amended by adding the following paragraph: "(c) With the prior approval of the Minister, make loans or advances or give guarantees in respect of loans or advances to any person for or in con- nection with the establishment, maintenance, or operation within New Zealand of an air service or any service ancillary to an air service." PAGENO="0439" AIR LAWS AND TREATIES OF THE WORLD 1841 (2) Section fifteen of the principal Act is hereby amended by repealing subsection two, and substituting the following subsection: "(2) The Corporation shall not, without the prior approval of the Minister, acquire by purchase any land, including improvements existing on the land, the cost of acquisition of which exceeds the sum of five thousand pounds, or enter into any lease of land for a term exceeding twenty-one years." 4. Liability of Corporation as carrier-Section seventeen of the principal Act is hereby amended by inserting after the word "thereunder", the words, "or of any other enactment limiting the liability of any person, whether as a common carrier or otherwise,". 5. Borrowing powers- (1) The principal Act is hereby amended by repealing section twenty-four,, and substituting the fo~1owing section: "24. (1) The Corporation may from time to time, with the consent of the Minister of Finance and on and subject to such terms and conditions as he thinks fit, borrow money arid issue debentures or mortgage or chai~ge any of its real or personal property. "(2) The Minister of Finance may from time to time, on behalf of Her Majesty the Queen,- "(a) Advance money to the Corporation; and "(b) Give in respect of any advances made to the Cor- poration by any other person any guarantee, indemnity, or security,- on or subject to such terms and conditions as that Minister thinks fit." (2) The New Zealand National Airways Amendment Act 1956 is hereby repealed. 6. Reserves-Subsection one of section twenty-seven of the principal Act is hereby amended by omitting the words "depreciation of assets", and substituting the words "deprecia- tion, replacement, or acquisition of assets". PAGENO="0440" 1842 AIR LAWS AND TREATIES OF THE WORLD ANALYSIS Title 4. Powers of Minister in respect of 1. Short Title aerodromes 2. Insurance of certain aircraft 5. Indemnity in respect of certain 3. Powers of Director of Civil Aviation messages 1960, No. 45 An Act to amend the Civil Aviation Act 1948 [21 October 1960 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the Civil Aviation Amendment Act 1960, and shall be read together with and deemed part of the Civil Aviation Act 1948* (hereinafter referred to as the principal Act). 2. Insurance of certain aircraft-Subsection (2) of section 3 of the principal Act is hereby amended by inserting, after paragraph (d), the following paragraph: "(dd) Requiring any person or any class of persons owning or operating an aircraft used for any purpose in respect of which a licence is not required under the Air Services Licensing Act 1951 or under the International Air Services Licensing Act 1947 to insure, in such manner and to such extent as may be prescribed in the regulations, against any liability which may arise out of or in connection with the operation of the aircraft in respect of the death of or bodily injury to any person and in respect of the loss of or damage to any property: ". *1957 Reprint, Vol. 2, p. 107 Amendment: 1958, No. 57 PAGENO="0441" AIR LAWS AND TREATIES OF THE WORLD 1843 3. Powers of Director of Civil Aviation-( 1) Section 3 of the principal Act is hereby amended by adding the follow- ing subsection: "(4) Any regulations under this section may confer on the Director of Civil Aviation power to issue, in such manner as may be prescribed, instructions, orders, or requirements for the purpose of ensuring the safety of aircraft engaged in civil aviation and, where the regulations so provide, any such instruction, order, or requirement shall be complied with by all persons affected thereby." (2) This section shall be deemed to have come into force on the twenty-sixth day of August, nineteen hundred and forty-eight. 4. Powers of Minister in respect of aerodromes- (1) The principal Act is hereby amended by inserting, after section 3A (as inserted by section 4 of the Civil Aviation Amendment Act 1955), the following section: "3g. (1) In the exercise of his powers or functions under this Act and subject to the provisions thereof, the Minister may do all that is necessary or convenient to be done for, or as incidental to the establishment, maintenance, and operation by him of any aerodrome under his complete or partial control or of any services or facilities in connection with the operation of any such aerodrome in all respects as if the operation of the aerodrome or of the services or facilities were a commercial undertaking and in particular may himself carry out any work or undertaking in respect of which he is authorised to enter into an agreement under subsection (3) of this section. "(2) Any power given to the Minister under this Act in respect of any aerodrome or any facilities in connection with any aerodrome may be exercised by him whether or not the aerodrome or the facilities had been established by him under this Act. "(3) The Minister and any one or more local authorities, bodies, or persons may from time to time enter into and carry out such agreements for the execution, control, operation, or management of any work or undertaking authorised by this Act as may to them seem most suited to the circumstances. "(4) Any agreement entered into under subsection (3) of this section may provide: "(a) For the establishment, maintenance, or operation of any aerodrome or services and facilities in con- PAGENO="0442" 1844 AIR LAWS AND TREATIES OF THE WORLD nection with the operation of the aerodrome as a joint undertaking `between the Minister and any other party or parties to the agreement: "(b) For the vesting of aerodrome buildings and facilities in trust for aerodrome purposes in any authority, body, or person approved by the Minister in that behalf: "(c) For the exchange, leasing, or subleasing of land or buildings vested in the Crown for the purposes of this Act and not immediately required for those purposes: "(d) For the transfer of the management of any aerodrome under the control of the Minister or of any facilities connected with the operation of any such aero- drome, from the Minister to any other party or parties to the agreement at such time and on such terms and conditions as may be agreed upon: "(e) For the transfer to the Minister of the control, manage- ment, or operation of any aerodrome, or any facili- ties in connection with the operation of any aero- drome, under the control of any authority, body, or person and for the vesting in or leasing to the Minister of any real or personal property necessary for the purpose of any such transfer: "(f) For the establishment, maintenance, management, and operation at any aerocirome of refreshment rooms, bookstalls, booking offices, travel agencies, and such other facilities as may be considered necessary or convenient for the operation of the aerodrome or for the convenience of persons using the aero- drome: "(g) For contributions by parties to the agreement in respect of the cost of any work or undertaking to which the agreement relates: "(h) For the apportionment or allocation between parties to the agreement of the cost of any work or under- taking to which the agreement relates: "(i) For the payment of grants or subsidies or the making of advances to any party to the agreement in respect of any work or undertaking to which the agreement relates: "(j) For the entering into contracts of insurance by any party to the agreement in respect of such matters in relation to the agreement as may require the provision of insurance. PAGENO="0443" AIR LAWS AND TREATIES OF THE WORLD 1845 "(5) Any agreement entered into under subsection (3) of this section may from time to time be varied by the parties thereto or may be terminated in accordance with the terms thereof. "(6) Any agreement relating to the development or recon- struction of an aerodrome entered into by the Minister of Works under section 31 of the Finance Act (No. 3) 1944 may include any provision referred to in subsection (4) of this section." (2) Any agreement entered into or any thing done before the commencement of this section which would have been lawful if this section had been in force at the time when the. agreement was entered into or the thing was done is hereby validated and declared to have been lawful. 5. Indemnity in respect of certain messages-The principal Act is herthy amended by inserting, after section 10, the following section: "1OA. (1) No person shall have any right to compensation nor shall any liability be imposed upon Her Majesty or the Minister by reason of any error, omission, or delay in the transmission or delivery of any message to which this section applies. "(2) This section applies to any message of a class pre- scribed in that behalf by regulations under this Act (not being a message which may affect the safety of any aircraft or a message transmitted to or from any aircraft) transmitted through any aeronautical communications service established under this Act and operated by or under the control of the Minister." PAGENO="0444" 1846 AlE LAWS AND TREATIES OF THE WORLD ANALYSIS 1. Short Title Title 2. Duration of licences 1960, No. 51 An Act to amend the Air Services Licensing Act 1951 [25 October 1960 BE IT ENACTED by the General A~embly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the Air Services Licensing Amendment Act 1960, and shall be read together with and deemed part of the Air Services Licensing Act 1951* (hereinafter referred to as the principal Act). 2. Duration of licences- (1) Section 25 of the principal Act is hereby amended by omitting the words "five years", and substituting the words "seven years". (2) Subsection (8) of section 27 of the principal Act (as substituted by section 6 of the Air Services Licensing Amend- ment Act 1958) is hereby amended by omitting the words "five years", and substituting the words "seven years". *1957 Reprint, Vol. 1, p. 177 Amendment: 1958, No. 44 PAGENO="0445" AIR LAWS AND TREATIES OF THE WORLD 1847 1961, No. 77 AN ACT TO AMEND THE CIVIL AVIATION ACT 1948 1 1 December 1961 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Titie.-This Act may be cited as the Civil Aviation Amend- ment Act 1961, and shall be read toget.her with and deemed part of the Civil Aviation Act. 1948 (hereinafter referred to as the principal Act). 2. Inquiries for purposes of ci~i7 aviation administraton.-The principal Act is hereby amended by inserting, after section 3B (as in- serted by section 4 of the Civil Aviation Amendment. Act 1960), the following section: "3c. (1) The Minister may from time to time make, or appoint any other persons or persons to make, such inquiries a.s he thinks necessary or expedient. for the purpose of securing the improve- ment, development, and better regulation and administration of civil aviation and all matte~s incidental thereto. "(2) For the purposes of this section the provisions of the Com- missions of Inquiry Act 1908 shall, as far as the.y are applicable and wit.h the necessary modifications, apply as if the Minister and every person appointed by him under this section were a Com- mission of Inquiry appointed under that. Act.. "(3) No person shall be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 1912 or of the Superannuation Act 1956 by reason of his having been appointed to make inquiries under subsection (1) of t.his section." 1963, No. 79 AN ACT To AMEND THE CIVIL AVIATION ACT 1948 [23 October 1963 BE IT ENACTED by the General Assembly of New Zealand in t.he Parliament. assembled, and by the authority of the same, as follows: 1. Short Titie.-This Act may be cited as the Civil Aviation Amendment Ac.t 1963, and shall be read together with and deemed part of the Civil Aviation Act 1948 (hereinafter referi~ed to as t.he principal Act). 2. Po-wer to ma/ce regulation~.-(1) Subsection (2) of section 3 of the principal Act is hereby amended by inserting, after paragra,ph (a), t.he following paragraph: "(aa) For the licensing of persons performing prescribed functions in relation to the operation, maintenance, or airworthi- ness of aircraft, requiring that any such persons be. the holders of licences, certificates, or rat.ings of prescribed kinds, a.nd pro- viding for the grant, renewal, cancellation, suspension, or varia- tion of any such licenc~, certificates, or ratings by a. prescribed Authority or officer and for the endorsement thereof, and for appeals against, decisions of any such Authority or officer :". 1 New Zealand Statutes, vol. 3, 1961. PAGENO="0446" 1848 AIR LAWS AND TREATIES OF THE WORLD (2) Subsection (2) of section 3 of the principal Act is hereby fur- ther amended by inserting, after paragraph (e), the following para- graph: (ee) For the registration, marking, classification, certification, and airworthiness of aircraft and aircraft components :". (3) This section shall be deemed to have come into force on the twenty-sixth day of August, nineteen hundred and forty-eight. OTHER LEGISLATION TN FORCE On November 17, 1964, the Civil Aviation Act, 1964, No. 68, was passed, an Act to constitute the Department of Civil Aviation and to consolidate and amend the law- relating to civil aviation. PAGENO="0447" NICARAGUA CIVIL AVIATION CODE 1 DECREE 176. CIvth AVIATION CODE Timi~iI CHAPTER I. GENERAL PROVISIONS Article 1. The airspace over the territory of the Republic of Nicara- gua is subject to national sovereignty. For the purposes of this Code, the territory comprises all land and water under the sovereignty or jurisdiction of the Republic. Article 2. Any civil (private) aircraft on national territory or in flight over it, as well as its crew, passengers, and transported effects, shall be subject to the jurisdiction and competence of the authorities for purposes of inspection, supervision and control of civil air naviga- tion. Article 3. The following shall be governed by national law: a) Documents executed and acts occurring on board Nicara- guan aircraft during flight, while over Nicaraguan Territory, the high seas, or over territory which does not belong to any State; b) Documents executed and acts occurring on board Nicara- guan aircraft in flight over the territory of foreign States, ex- cept in those cases involving the security or public order of the underlying State; and c) Documents executed and acts occurring on board foreign aircraft in flight over Nicaraguan territory, or which are parked thereon, when such documents or acts involve the security or public order of Nicaragua, or when they produce or are intended to produce any effects on Nicaraguan territory. Article 4. All civil or commercial documents and any acts of civil character performed on board a Nicaraguan aircraft shall be consi- dered as performed in Nicaragua, provided national law is applicable. CHAPTER II. AIRCRAFT First Section-Classification of Aircraft Article S. National aircraft are classified as State a.ircraft and civil aircraft. State aircraft are intended for the service of tile Public. Power, such as military, police, and customs. Other aircraft are civil, even when they belong to the State. Article 6. Civil aircraft are classified as public transportation air- craft and aircraft in private service. 1 Published in La Gweta, Diario Oficiat, November 22, 1956. Legislative Decree 576 of April 5, 1961, amends Articles 66, 106, 114, 115, 214 and 220 of the Civil Aviation Code regarding administration of airports, documents to be submitted and other procedure for take-offs and landing to and from foreign countries, and liability for injuries and damage. 1849 PAGENO="0448" 1850 AIR LAWS AND TREATIES OF THE WORLD Article 7. Public transportation aircraft are civil aircraft used in transportation of persons, cargo, or mail, by virtue of certificates of operation or authorization granted by the Executive Power in con- formity with the provisions of Chapter IX of this Code. Aircraft used in the development of agriculture in any of its aspects are equivalent to public transportation aircraft. Aircraft in private service are civil aircraft used in tourist traffic, aviation work, private services of corporations and private affairs of the owners, industrial activities, training and scientific application of aviation, in accordance with the provisons of Article 120 of this Code. Second Section-Nationality and Regi.stration Article 8. Civil aircraft have the nationality of the State in whose register they are registered.. No aircraft may be validly registered in more than one State. Article 9. In order to acquire. modify, or cancel a registration of a civil aircraft, formalities established in this Code and its regulations must be observed. Article 10. Aircraft registered in another State may acquire Nicara- guan registration after cancelling the former registration. Article 11. All civil aircraft registered in Nicaragua shall carry dis- tinctive nationality and registration markings in the manner desig- nated in the respective regulation. Article 1.~2. Registration of an airc.raft shall be cancelled: a) When the aircraft is registered in a foreign country; b) When its owner no longer possesses the necessary require- ments to be the owner of the aircraft: c) When the aircraft is completely destroyed or has been con- cidered as lost., according to this Code; and d) In any other legally determined cases. Article 13. Aircraft used in public transport services, or aviation work for remuneration, may only be registered in the name and upon application of Nicaraguan natural or corporate persons. Tourist aircraft and others used in aviation work which are not remunerated may oniy be registered in the name and upon application of Nicaraguan natural or corporate persons, or foreign natural per- sons domiciled in Nicaragua. Article 14. National commercial aircraft must carry the national insignia in the manner provided in the regulations. Thrd Sectio'n-Airworthirness Article 15. Any aircraft. flying over Nicaraguan territory must be provided with a valid certificate of airworthiness. Article 16. The Ministry of Aviation shall be the competent author- ity to make effective grants, revalidations, suspensions or cancellations of certificates of airworthiness to civil aircraft in accordance with the regulatory provisions in force. Article 17. Certificates of airworthiness granted in foreign coun- tries shall be recognized or validated in Nicaragua in accordance with treaties in force, or in absence thereof, with recognized international rules. PAGENO="0449" AIR LAWS AND TREATIES OF THE WORLD 1851 ChAPTER III. AERONAUTICAL REGISTER Article 18. There shall be a Register of Aeronautical Property and an Administrative Aeronautical Register, which may be kept by a single agency, as provided in the Regulations. Article 1. In the Aeronautical Property Register shaH be re- corded: a) Certified documents or acts proving ownership of an aircraft and those which alter or extinguish it; b) Loss of serviceability or loss of aircraft, or substantial changes made in them; c) Real property rights encumbering aircraft and all charter contracts consisting of a notarized instrument; d) Insurance policies on aircraft. Article 20. In the margin of the records of ownership of aircraft, or rights therein, and in the space for provisional warning notices shall be entered: seizures and other attachments which are decreed, or claims which are filed in court against aircraft, or mortgages estab- lished thereon. Article 21. There shall also be recorded in the Aeronautical Prop- erty Register in a separate section and in the manner provided for in the regulations; industrial pledge contracts established on the engines of aircraft aud other repair parts. Article 22. In the margin of the respective ownership record shall be noted the nationality and registration marks of aircraft and any changes and cancellations thereof. Article 23. The registration of an aircraft. may be cancelled: a) Upon written and certified application of the owner of the aircraft, provided it. is not mortgaged; if it. is mortgaged the con- sent of the mortgagee will also be necessary to effect the cancella- tion. b) By order of the competent judicial or administrative au- thority, duly authorized by law; c) By destruction or loss of the aircraft, legally proved; and d) By abandonment of the aircraft as declared by the compe- tent authority. Article 24. On all matters not expressly covered by this Code, the rules of the Civil Code shall govern insofar as concerns the effects of recordation, or lack thereof, of document.s, simple or certified acts which, in conformity with this Chapter, should be recorded or entered in the Register of Aeronautical Property. Article 25. In the Administrative Aeronautical Register shall be recorded: a) Certificates of operation, authorizations to operate unsched- uled air transport services, and authorizations to operate private air services for remuneration, their cancellations and modifi- cations; b) Certificates of airworthiness, licenses of technical aviation personnel, and the renewals, suspensions, or cancellations of the same; and c) All other documents of administrative importance whose recordation is required by this Code or its regulations. 39-73T-65-Vo!. hI-29 PAGENO="0450" 1852 AIR LAWS AND TREATIES OF THE WORLD Art,e7e 26. The respective regulations shall determine the structural organization and operations of the Registers referred to in this Chapter. j~t;e7e 27. The Ministry of Aviation, through the Ministry of For- eign Relations, shall communicate monthly to the countries with which Nicaragua. has civil aviation treaties, cancellations of registration ii tade in Aeronautical Property Register. ChAPTER IV. AVIATION PERSONNEL ~! ite7e28. The technical aviation 1)elsonnel is composed of the spe- cialized members of the flight and ground staffs attached to civil av~ ~tt ion services. J,tcle 29. The members of the technical aviation staff must hold licenses and competency certificates issued by the. Ministry of Aviation. 4itcle 30. The crew comprises all personnel rendering service on 1)Otfl(l an aircraft. Members of the crew are: the commander of the. aircraft or pilot in command, the pilots and co-pilots, navigators, mechanics, radio-oper- ators, and flight attendants. Art~e7e 31. The Executive Power, in regulating this matter, shall determine: a) The categories of pilots; b) Characteristics of aeronautical licenses and compentency certificates; c) General conditions for granting of licenses to flight and ground personnel; d) General requirements as to age, nationality, and conduct in order to obtain aeronautical licenses; e) Conditions of qualification, experience, physical fitness, expertise, and necessary examinations to obtain them; f) Duration, conditions for renewal, revalidation, ratification, suspension and revocation of said licenses. Arti~ie 32. Only Nicaraguan technical aviation personnel may per- form these functions for remuneration in the national aviation of Nicaragua. In the absence of such personnel, the Aviation Ministry may permit foreign pilots or other members of technical staffs to perfoi'm these functions, and in such event shall give preference to personnel from any other country on the Central American Isthmus. In the case of the preceding paragraph, in order for the Ministry of Aviation to permit the exercise of remunerated aeronautical serv- ices to be rendered by foreign persons, it shall also be necessary that the interested parties prove that. they hold licenses or competency cer~iflcates issued in Nicaragua in accordance with the law, and in the absence thereof, that those they hold were lawfully issued by a forci ~rn country in which Nicaraguan technical aeronautical person- nel, la)Iding a license or competency certificate issued in Nicaragua, could render remunerated aviation services in that country, and also iu'Hled that in such cases the licenses or competency certificates ~s-itel to such foreign personnel fulfill the minimum requirements Ii tl~ re~ulatoty I)rovi~ions iii Nicaragua require for such pur- mi'd further that the interested ~ submit to the tests or PAGENO="0451" AIR LAWS AND TREATIES OF THE WORLD 1853 examinations required by the laws of the country for revalidation of such licenses and certificates. Exceptions from the above provision are made for agricultural air services and private services for remuneration, with respect to which temporary permits may be granted, as provided in Article 121. CHAPTER V. AIR TRAFFIC Ai~t~e7e 33. Any pilot in command of an aircraft in flight over the nctlonal erritorv must have knowledge of the. laws and regulations governing air navigation in ihe. Republic, and part~~u1aily as to tile location of prohibited or restricte(i areas. Aiicle 34. All national or foreign aircraft flying in from a foreign country must land at an airport duly authorized by the Ministry of Av~at ion, winch has immigration, customs, and health services, for the clearance and inspection of the aircraft, its crew, ~)ass(~l~ge1s and cargo. Artkle 35. All civil aircraft in flight over Nicaraguan territory must be provided with the following valid documents and certificates: a) Certificate of registration: b) Certificate of airworthiness: c) Licenses as may he al)plicabie to the flight, crew d) Aircraft logs; e) If carrying radio e(luipment, the corresponding license for the radio transmittor on board; f) If carrying passcngerH. a li~ t of fte naiies aiii points of (le- paltule and destination; and g) If carrying cargo, a manifest. and detailed (leclaratlon thereof. Aitkle 36. It is prohibited to fly over areas which the Governnient has declared to be prohibited to air navigation. Ji'ticie 37. For purposes of flight safety, the Ministry of Aviation may require foreign aircraft desiring to fly over inaccessible regions which lack proper facilities for air navigation, to follow fixed routes and obtain special permission to carry out such flights. _1i~f~(7(~ 38. Tie commander of an aircraft flying over a prohibited area in Nicaragua is under duty to land immediately U~Ofl order of the Ministry of Aviation. Jit~e7e 39. The commander of an aircraft flying over a prohibited area, as soon as lie is cognizant of it, must land at. the airport nearest to the prohibited area, and must justify to the airport. commander, or in his absence. to the nearest military commandant, the reasons for the violation. Ai~t~ele 40. The commander of any foreign aircraft who, because of an emergency. must. make a iancl~ng at. an airdrome which is not duly authorized, or at. any point on the national territory, must'. immediately notify the aviation authorities and, in absence thereof, any other au- thority at the place of landing. ~4'rt~cle 41. The. crews and passengers of an aircraft are prohibited from taking photographs of military objectives or of prohibited areas. It is necessary to obtain permission from the Ministry of Aviation for use of any photographic equipment installed on national or foreign aircraft. PAGENO="0452" 1854 AIR LAWS AND TREATIES OF THE WORLD Artele 42. The Ministry of Aviation must inform interested per- sons, by the usual means, of areas or regions over which flight of air- craft is prohibtited or restricted. Article 43. It is prohibited to perform acrobatic flying or maneuvers of a dangerous nature over cities or population centers. Arhcie 44. The operations on the part of military aircraft on na- tional air routes, in traffic control zones, or on civil airdromes, are governed by the provisions of air traffic covered in this Code and its regulations. CHAPTER VI. COMMERCIAL OPERATIONS Art ide 45. Aircraft must be operated within the limitations of their certificates of airworthiness and of their flight manuals. Article 46. Civil aircraft may not be used for any other purpose than that specified in the corresponding certificate of operation or authorization. Likewise, aircraft. of private service without remuneration may not be used for purposes other than those designated in the respective registrations. Aitic7e 47. Air carriers are under a duty to submit their manuals of flight operations to inspection and approval of the Ministry of Aviation. Article 48. Air carriers must keep the books related to their aircraft operations at the disposal of the Ministry of Aviation for t.he time prescribed in the regulations. A ,t~7e 49. All aircraft must be provided with radio receivers and transmitters approved by the Ministry of Aviation, and with the safety equipment stipulated by the regulations. Article 50. The transportation by international airlines is prohibited of articles which are not. in free trade, acc.ording to treaties or con- vent ions in force, or to domestic law. Article 51. Persons in a state of intoxication or under the influence of narcotics may not be transported in public transport aircraft. Transportation of cadavers and of sick persons with contagious or mental diseases may be undertaken only with permission of the Minis- try of Aviation. Article 52. It is prohibited to transport on board civil aircraft any arms and munitions of war, explosives and inflammable materials, except with permission granted by the Ministry of Aviation and on special flights when passengers are not transported. Article .53. It is prohibited to transport cargo in the passenger cabin of an aircraft. when, in the judgment of the Ministry of Aviation, there are in such cabins no sufficient provisions made to avoid danger or injuries of any kind to the passengers. CHAPTER VII. AUXILIARY SERVICES TO AIR NAVIGATION Article 54. Auxiliary services to air navigation are those which guarantee its safety and regularity, such as air traffic control, aeronau- tical radioc ommunications, meteorological information service, and systems of beacons for day and night. Article 55. Control of the auxiliary services to air navigation is a function of the Ministry of Aviation. In the exercise 0c this funcfiôii, PAGENO="0453" AIR LAWS AND TREATIES OF THE WORLD 1855 it shall adopt the measures it deems proper to the greatest safety and efficiency of the flights, for the purpose of protecting human life and property. Likewise, when it is in the public interest, it may contract directly for the rendering of these services with technically qualified enter- prises, or grant permission therefor to companies which do not per- form them for profit. In either case, the service must be rendered to the benefit of air navigation generally, and under the supervision of the Ministry of Aviation. Article 56. The Ministry of Aviation shall enact the measures it deems necessary to establish the network of national air communica-. tions and of auxiliary services to air navigation, and shall see that the owners or operators of civil aircraft obey at all times the safety requirements established by this Code and its regulations. Article 57. The operation of the systems and equipment of air radio- communications which already exist in the country, as well as the in- stallation and operation of any to be established in the future, shall be governed by the provisions of Article 55. CHAPTER VIII. AIRDROMES Article 58. All civil airdromes and airports of the country are sub- ject to the control, inspection and supervision of the Ministry of Avia- tion. The international airports shall operate and be administered in conformity with the internal regulation to be issued for the purpose. Article 59. Civil airdromes and airports are classified as national, mumcipal, and private, according to the legal ownership to which they are subject. The respective regulations shall classify airdromes and shall fix the conditions and technical requirements for each category. Ai~tic7e CO. All civil airdromes of the. coantry are open to public service in accordance with the specification of each category and at rates approved by the Ministry of Aviation. Jrhcle 61. In order to construct and operate airdromes in the coun- try it is necessary to have the authorization of the Ministry of Avia- tion. Artic7e C?. In case of war or national emergency, the Ministry of Aviation may cancel or restrict the operation of any airdrome. Article 63. The following may be decreed to be of public utility and subject to forced expropriation: a) Private airdromes and their auxiliary installations; b) Land necessary for the construction or enlargement of an airdrome, or for the establishment of auxiliary installations: and c) An vested right in an airdrome already in existence, or iii land which is necessary to construct or enlarge it. The respective declaration shall be made by the Ministry of Aria- viation which shall communicate its decisions to the competent au- thority so that. the latter may institute expropriation pioceeclings in conformity with applicable Laws. Aiticle (14. Civil aircraft may not land at the muiliary airdromes of the country, unless they obtain special permission there from the ~\[in- istrv of Aviation. PAGENO="0454" 1856 AIR LAWS AND TREATIES OF THE WORLD In ~ase of emergency, civil aircraft may land at military airdromes, and the crew shall iiotify immediately the Commandant of the air- drome and prove the emergency conditions which caused the landing. Jif;cle 6.5. In order for an airport to be of international category, it must. be declared to be such by the Executive Power, through the Ministry of Aviation, and must be equipped for the proper interna- tional services for this category of airports, in accordance with estab- lished international standards. Ait;cze 66.2 At the domestic civil airdromes and airports, the high- est authority, insofar as concerns the internal regulation of the air- drome or airport, shall be exercised by the Administrator or Manager, who shah be appointed for this purpose by the Ministry of Aviation. At interiiatioiial airports, the Adniinistrator ol Manager shall co- ordinate the administrative activities of the Immigration, Customs, health and Police Authorities, which shall be subordinate to their ie-pectively Offices and shall perform independently. Ai~t;c7e 67. The construction of any kind of installation on civil air- (tromes shall in each case. be submitted for approval and authorization by the Ministry of Aviation. Ai'tc7e 68. Owners of civil and private airdromes are under a duty to peimit gratuitous use by State aircraft. Jitkle 69. Constructions and installations on lands adjacent to or near the airdromes, within the zones of protection and safety, shall be subject to the restrictions stipulated in the respective regulations, or which may be enacted by the Ministry of Aviation for purposes of safety. TImE II CHAPTER I. PFBLIC AIR TRANSPORT SERVICES First Section~-General Provisions Artcle 70. Air services are classified as: a) Public transportation services; and b) Private air services. Ai'ticle 71. Public air transportation services are divided into: a) Domestic air transportation; and hI International air transportation. Either class of service may be: 1) Scheduled: and 2) Non-scheduled. A pt;cle 72. Scheduled domestic air transport service is a series of flights fulfilling the following characteristics: a) It is undertaken on aircraft. for carriage of persons, mail or cargo for profit. in such manner that the public has permanent access to it: h) Tt is undertaken for the purpose of serving traffic between two or more points which are always the same, whether: 1) Operated on a published schedule: or 21 Through flights so regular or frequent. as to constitute a series which may be considered systematic. 2 Amended by Decree 576 of March 11, 1961 (La Gaceta, Apr11 24, 1961). PAGENO="0455" AIR LAWS AND TREATIES OF THE WORLD 1857 Aiticle 73. Scheduled international air service is a series of flights which fulfill all of the characteristics of the preceding article, and in addition pass through the airspace of two or more States. Article 74. Air transport services, whether domestic or interna- tional, which do not fulfill all of the characteristics mentioned in Articles 72 and 73 respectively, shall be considered non-scheduled air services, and be subject to a special regulation established for each case by this Code. Article 75. only individual or corporate persons of Nicaraguan nationality, under protection of the Nicaraguan flag, shall have the right to operate air services for public transportation, whether these services are scheduled or non-scheduled, domestic or international. Corporate persons referred to in the preceding paragraph, in order to have the right to operate the services, must in addition possess the following requirements: a) At least 51 percent of the capita.l must be. owned by Nica- raguans; and b) Effective control over the enterprise and its administration must also be in the hands of Xicaraguans. Article 76. Public air transport services between any two points on national territory is reserved to Nicaraguan aircraft.. Aitiele 77. All scheduled (lomestic or international public air trans- l)oI~t service must be operated subject t.o itineraries, numbe.r of flights, schedules, freight. charges, and rates approved by the Ministry of Aviation. No airline may charge sums or amounts for their services other than those specified in t.he official rates. Aiticle 78. Scheduled domestic or international airlines must print., publish and maintain for public information any data requested by the Ministry of Aviation in addition to their itineraries, number of flights, schedules, and rates. Article 79. No airline may change or abandon wholly or partially any route unless it has secured the authorization of the Ministry of Aviation, to be granted in accordance with Article 91. Notwithstanding the provision of the preceding paragraph, the Ministry of Aviation may order or authorize temporary suspensions or changes in air transport services, if public interest so demands. Aiticle 80. Domestic or international airlines are under a duty to rende.r monthly detailed reports to the Ministry of Aviation, concern- ing hours of flight, kilometers flown, number of passengers, and freight carried, and any other statistical data required by the respective regulations. Aiticie 81. In case of war, emergency, or national calamity, t.he State may seize the aircraft. of the lines which have obtained operating certificates, and which are also under a duty to place at the disposal of the State their flight and ground crews as may be necessary to the operat ion. SC(O ad ~C(t ion-Opera t iag Cert Lflea tes Aiticle 82. In order to operate any domestic or international public air service, an operating certificate issued in the form of an "Acuerdo" [administrative resolution] by the Executive Power through the Min- istry of Aviation is required, in accordance with this Code and its regulations. The. operating certificate is a personal document and miou-t ransferable. PAGENO="0456" 1858 AIR LAWS AND TREATIES OF THE WORLD The provisions of this article are not applicable to a~ricultura1 avia- ation, unless, in the discretion of the Ministry of Aviation, the agri- cultural air companies have reached such a stage of development that it is deemed appropriate to subject them to the rule of certificates of operation. Artcie 83. Certificates of operation shall be deemed valid up to an initial period of ten years, computed from the date of issue, renewable for periods not exceeding the original one. The duration of a certificate of operation shall be determined in accordance with the economic importance of the service, the amount of initial investment, and the later ones which may be made as needed for the development and improvement of the service. Extensions shall be granted in the discretion of the Executive Power, and pro- vided the interested company proves that it. has satisfactorily fulfilled all its obligations and made important improvements in the service. Article 84. The application for a certificate of operation shall stipulate: a) Name and nationality of the applicant: b) Financial capacity of the applicant, duly proved; c) Type of service which it. is desired to operate; d) Air routes to be used; e.) Flight equipment. and technical aeronautical personnel on which the operation of the service can count.; f) Airdrome or auxiliary services to be used. If it is corporate persons, the applicant, aft.er proving legal es- tablishment of the company and its legal personality, must prove that it fulfills the requirements stipulated in Article 75. Article 8.5. If it. is a foreign corporation which is applying for a certificate of operation, it must show, in addition to the applicable requirements of the preceding article: a) That it has the authorization of it.s Government and of the governments of countries on its air routes to operate the proposed international service b) That its Government grants or is ready to grant reciprocity to Nicaraguan air lines. c) That it expressly subjects itself to the provisions of this Code as to the jurisdiction of Nicaraguan authorit.ies in case of injury to passengers, cargo. or persons or property of third per- sons on the ground. Artic7e 86. The certificates of operation shall specify: a) The terminal points on the route, as well as intermediate points, if any, indicating those which constitute commercial stops and those which are only technical landings; b) The category and frequency of the service to be operated; c) The terms. conditions. and limitations which duly guaran- tee the safety of transportation on airports and air routes speci- fied in the certificate; d) Express mention by the holder of the certificate that he submits to the provisions of this Code concerning liability for in- jury to passengers, invoiced cargo, or baggage, or to persons or property of third persons on the ground; and e) Conditions and limitations required by public interest. PAGENO="0457" AIR LAWS AND TREATIES OF THE WORLD 1859 Article 67. When the certificate of operation has been granted, the respective company may not commence operations until it proves that it can rely upon: a) Aircraft which has been approved by the Ministry of Avia- tion for the service and duly authorized technical personnel; b) The itinerary, rates and schedules approved by the Min- istry of Aviation; and c) Insurance contracts which, in accordance with this Code, will guarantee the reparation of injuries caused to passengers, or to persons or property of third persons on the ground. Or, in lieu of this insurance, that it posts the security referred to in Article 258. Article 88. In every certificate of operation a reasonable period of 1.ime should be set for the company to commence its operations, which time shall not exceed three months from the date of issue of the certificate. If services are not commenced within the said period, the Executive Power, through the Ministry of Aviation, may revoke the respective certificate, notice of which shall be communicated to the company concerned. Article 89. No certificate shall confer ownership in or exclusive rights to the use of any airspace. air routes. airports. navigation facil- ities or services. Artic7e 90. Airlines are under a duty to supply, in a safe, adequate, and efficient manner, the services which the certificates of operation authorize. No air transport company may give unfair advantage or preference to any persons, entity, place, or airport, or subject these to discriminatory, unfair, or unjust practices. Article 91. Any authorization to modify routes, or to alter land- ings on approved routes, as applicable, shall be subject to the same procedures and formalities which are stipulated in this Code and its regulations for the granting of certificates of operation. Article 9~. No certificates of operation shall be issued for air trans- port. services in the following cases: a) When the applicant fails to prove his technical and financial capacity to render the air service under consideration; b) When, in the judgment of the Ministry of Aviation, the needs of the traffic are already completely satisfied: c) When, in the case of Nicaraguan companies, the applicant fails to prove the legal establishment of the company, the nation- ality of its capital and the effective control over the enterprise, as prescribed in Article 75; and In the case of a foreign corporation: i) When the State. of the applicant's nationality does not grant reciprocity to Nicaraguan companies: ii) When the State of the applicant's nationality has not granted the latter the proper authority to perform the said international servic.es; and iii) When the authorization for the service is contrary to national interest, or to international agreements signed by the Government of Nicaragua. Article 93. The Ministry of Aviation may, upon request of the inter- ested party or on its own initiative, change, amend, modify or suspend PAGENO="0458" 1860 AIR LAWS AND TREATIES OF THE WORLD any certificate of operation, totally or partially, if the public need or convenience so requires. In any case, the decision shall be made at a hearing with the inter- esteci parties. ArtIc7e 94. The Ministry of Aviation may cancel a certificate of operation. in whole or iii part for any of the following reasons: a) When the air service has been completely interrupted, or some iniport~uit part thereof, without authorization in advance; b) When, in spite of the provisions contained in the second paragraph of Article 82. a transfer was made of the certificate of operation. or of some of the rights granted therein; c) In the case of Nicaraguan enterprises, when the holder of the certificate of operation changes nationality, or fails to fulfill other requirements established in Article 75, in which case cancellation is compulsory and total : and d) For non-observance of the obligations imposed by this Code or its regulations, or by one of the clauses, conditions or limitations listed in the certificate of operation. Artic7e 9.5. No certificate of operation shall be cancelled without giving the interested 1)aI'ties a period of thirty da~, which ma be extended at the discretion of the Ministry of Aviation, within which time they must. present allegations or evidence deemed proper in behalf of their own interests. Article 96. When competitive applications are filed for the operation of public service air transport, preference shall be given to the appli- cant who guarantees the hi~hest degree of safety. efficiency and con- tinuity of service, in accordance with public needs. It. is understood that. there is competition bet.ween applicants when air carrier services are to be established bet.ween points on the same route, or within the same zone, and other applications are filed within five days following the first. T1~ ird Section-Ko~Sc1i cdv led (Irregv Tar) ~ervice8 w~t;c7e 97. For non-scheduled air services, authorization of the Executive is required, channelled through the Ministry of Aviation, which may issue it for a. maximum period of five years, renewable for periods not to exceed the original Period. This authorization is a personal or non-transferable document: it may be cancelled by the. Ministry of Aviation when the person who has obtained it fails t.o obseive the requireiiients stipulated in Article 75; when he fails to perform the services in accordance with the provisions of this Code and its regulations: or when so required by public need or convenience. Before carrying into action the cancellation above re- ferred to. the interested party shall he given a. period of thirty days, which may be extended within the discretion of the Ministry of Avia- tion, in which time he must present the allegations and evidence he believes proper to his interests. A i't;cle 98. The interested party upon obtaining authorization to render services of non-scheduled air carriage, shall present an applica- tion to the Ministry of Aviation which shall contain the same require- ments listed in Article 84. with the exception of Section d). A rte7c 99. The respective authorization having been granted, the non-scheduled air line may not initiate its operation until it proves PAGENO="0459" AIR LAWS AND TREATIES OF THE WORLD 1861 that it has fulfilled the requirements stipulated in Sections a) and C) of Article 8T. Article 100. Independent of the authorization mentioned in Article 97, each time that a non-schedule air line wishes to undertake a. flight. or a series of flights between points located on national territory or between one on national territory and a poilit abroad, it must. secure written authorization from the Ministry of Aviation. Article 101. When a non-scheduled air line intends to undertake a flight or a series of flights between points already comiecteci by a sched- uled (regular) air line, the autlioiization referred to shall be granted only in case the established line is not in a position to render this serv- ice itself. Article 102. The schedules anti rates for renclerin~ non-scheduled service shall be fixed by mutual agreement. between the compan and the parties concerned, if these have not. been pre\-iously fixed by the Ministry of Aviation. Fourth Seetion-~Specia1 Perm it.'~ Article" 10.9. Any air carrier holding a certificate of operation for scheduled aviation services, may undertake special or express flhzhts betw-een points located within their ow-n routes or outside of them, with permission in advance for each case obtained from the Ministmy of Aviation. Artic7e 1.04. The Ministry of Aviation may grant authorization for the pei'foluuallce of recognizance flights and technical studies over unexplored routes, for the pti~pose of gathiei'ing (101 it SlId e'~i(lence concerning the establishment of air transport services. Ihese author- izat.ions are granted for a maxinmrn duration of thirt days, renew- able if its need so requires. Article 10.5. When, because of lack of flight, equipment, (lilly proved, a Nicaraguan company is compelled to lease a foreign registered air- craft temporarily, the Ministry of Aviation may authorize the use of said aircraft. for public transportation within the country, issuing for this purpose a provisional certificate of operation. This permission shall be granted for a maximum duration of sixty days, extendable within time discretion of the said Ministry. Article 10C.~ The owners and operators of foreign tourist, aircraft who wish to visit Nicaragua. shall give notice of their arrival to the 1'\Ianager of the international airport where they are to land, suf- ficiently in advance so that. the. persomiel in Immigrat iou, Customs and Health may be at the airport to undertake the propel inspections and procedures. The notice referred to iii the preceding paragraph shall contaiii the following information: a) Registration and nationality of the aircraft; b) Markings anti type of aircraft; c) Name. of pilot and of other crew members, if any; d) The international airport nf entry; e) App~oximate time of arrival : 1(11(1 f) Name and nationality of persons on board the aircraft. Aine'iided by Decree lil'6 ef March 11, 1961 (La Gaceta, Apr11 24, 1961). PAGENO="0460" 1862 AIR LAWS AND TREATIES OF THE WORLD The owners or operators referred to in this article, by the very fact of vIsiting Nicaragua or flying over its territory, shall be subject to the provIsions of this Code and of other applicable legislation, insofar as liability for damages is concerned, and to the jurisdiction of the Nicaraguan administrative and judicial authorities with respect to all aspects of said liability. Ai'tkle 107. A provisional traffic permit, as provided in the respee- tive regulations, shall be issued t.o the owners of foreign aircraft visit- ing the country for tourist purposes. Fifth Section-International Air Tran.~portatton Ai't~e7e 108. The certificates issued by the Executive Power for op- eration of international air transport. services, in addition to being suh]ect to the provisions of this Code, shall be also subject to civil aviation treaties or agreements which have been signed and validly ratified by the Government of Nicaragua. In the absence of treaties or conventions, the issuance of such certif- icates shall be governed by the principle of equitable reciprocity. Artic7e 109. For the purpose of fixing an international air route, it shall suffice to indicate the airports of entry and exit within the Nicaraguan territory, as well as the point or points of the foreign state which the aircraft touches before landing and after leaving the national territory. With respect to the main international air- ljlies, the Ministry of Aviation may require. nevertheless, that the route be described from terminal to terminal with intermediate stops. J iic7c 110. Any foreign aircraft whose owner or operator desires to fly in transit over Nicaraguan territory, or to land thereon without taking oi~ or letter off any passengers, cargo or mail, shall: a) Advise the Ministry of Aviation in advance and oppoi~- timely, either directly or through channels of the Nicaraguan diplomatic or consular officials accredited to foreign countries; b' Observe the safety requirements established by this Code and its regulations, as well as the legal i)rovisions of their own count rv concerning nationality and registration markings, safety equipment and accessories, and must possess a certificate of air- worthiness, licenses for flight personnel and other pertinent docu- ments: and c) Observe the legal provisions of the Republic on customs, immigration and health. The owners or operators referred to in this article, by the very fact of visiting Nicaragua or of flying over its territory, insofar as con- cerns liability for damages, shall be subject to t.he provisions of this Code and other applicable laws and to the jurisdiction of the ad- ministrat~ve and judicial authorities of Nicaragua for all aspects of said ] lability. Aitlr'7e 111. The owners of Nicaraguan civil aircraft who wish to take them abroad, either temporarily or for purposes of exportation. must obtain permission from the Ministry of Aviation. Jvtie7e 112. The entry and exit of aircraft from the country during international flights must. be through airports designated by the Ministry of Aviation. PAGENO="0461" AIR LAWS AND TREATIES OF THE WORLD 1863 Art kie 113. The foreign international air lines operating in Nicaragua must, maintain a permanent representative in the country, with general powers. Article 114.~ Immediately upon landing on Nicaraguan territory by an aircraft from abroad, the Commander or his agent in the country shall close the Flight Plan, and present the following documents to the respective authorities: a) List of the crew; b) List of passengers, and notation as to personal baggage; c) Cargo manifest; d) Mail records; e) Clearance and exit permit issued at last stopping place; and f) If the aircraft proceeds from a country or place affected by an epidemic, the corresponding health certificate shall be required. In such case, the aircraft, its crew and passengers, and the goods carried by it, shall be subject to the health regulations of the Republic and of the Pan American Sanitary Code. Article 115.~ On all aircraft leaving the country, its Commander or pilot, or in their absence, the airline agent in question, must present the following documents to the respective authorities of the airport at least thirty minutes before flight time: a) Flight plan; b) Listofthecrew; c) List of passengers and notation of personal baggage; d) Cargo manifest; e) Mail records; f) Clearance and authorization for take-off; and g) Health permit. Article 116. If, for reasons of emergency, an aircraft on an interna- tional flight finds it necessary to land at an airdrome which is not of international character, it should immediately notify the aviation au- thorities of the place, or in the absence the nearest authority, for the purpose of having the latter indicate the necessary procedures to avoid havmg the aircraft unloaded without fulfilling the requirements of law. The extraordinary expenses occasioned for this purpose shall be chargeable to the owner or operator of the aircraft. CHAPTER II. AGRICULTURAL AVIATION Article 117. Agricultural aviation shall be that aspect of aeronautics which is organized, equipped and trained to protect and develop agri- culture in any of its aspects, through the following related purposes: a) The preparation of the land through use of fertilizers and soil improvers; b) Sowing operations; c) To combat~ agricultural diseases; d) Application of leaf-strippers, fertilizers, insecticides, grass. killer substances and hormones; e) Artificial inducement of rain; and f) Any other scientific application through aviation for agri- cultural purposes approved by the Ministry of Agriculture. Articles 114 and 115 were amended by Decree 576 of March 11, i9Gi (La Gaceta, Apr11 24, 1961). PAGENO="0462" 1864 AIR LAWS AND TREATIES OF THE WORLD Article 118. The authorization for aviation services with respect to agricultural aviation, as well as the equipment and flight personnel participating in such services and operations shall be governed by a regulation to be adopted for this purpose by the Executive Power. Article 119. Any natural or corporate person operating aircraft devoted to agricultural services shall be financially liable for damages ca.used to the persons or property of third parties on the ground caused by the application of dangerous chemical substaiices or the fall of a craft, or of objects falling or thrown from them. CHAPTER III. PRIVATE AIR SERVICES Article 120. Private air services shaH be deemed those which have the following sole and exclusive. purpose: a) Non-profit Tourism for personal purposes; b) Aerial work such as aerial topography or photography, commercial advertising and similar work; c) Personal services of an enterprise and private business of the owner of the aircraft, w-ithout. profit and distinct from public or agricultural transportation d) Industrial activities, with or without profit, distinct from public transportation; e) Flight instruction by private aviation schools or individuals, duly authorized, with or without. payment, and, f) Scientific applications of civil aviation, such as educational flights, tracing the path of hurricanes, flights of locusts and mi- gratory birds, and similar applications. Article 121. For the performance of private air services for profit, authorization from the Ministry of Aviation and status of a private or corporate person of Nicaraguan nationality shall be required. Notwithstanding the provision in the preceding paragraph, the Ministry of Aviation, whenever it deems it necessary, may authorize the temporary employment of foreign technical personnel and aircraft for the performance of private air services for profit. Such author- izations shall be granted for a period not exceeding six months, but may be renewed if the necessity continues to exist. Article 122. Authorizations for private air services for profit pay- ment shall be granted for an initial, but. renewable, maximum period of two years. Article 123. Proprietors and operators of private air service aircraft shall comply with all safety requirements which this Code and the regulations issued thereunder impose. on public air carriers. Article 124. Private service aircraft. may in no case render services of public air transportation. Article 12.5. Before commencing operations, the natural or legal per- son, authorized to perform a private air service for profit payment., shall prove t.o the Ministry of Aviation that he has furnished security for the payment of aiiv liability lie ma.y incur for damages caused to third persons on the ground either through an insurance or a bond of the person liable., which is sufficient to pay such damages. Article 126. The Ministry of Aviation may modify, suspend, revoke or ~nncel any authorization granted a. private, air service for non-com- pliance with the provisions of this Code or the regulations issued there- PAGENO="0463" AIR LAWS AND TREATIES OF THE WORLD 1865 under, or with any terms, conditions or limitations of the respective authorization. However, no authorization may be revoked or cancelled without giving the persons concerned a period of thirty days in which to pre- sent allegations or proof they may consider appropriate to their inter- ests. Article 127. Proprietors and operators of private air service aircraft used for personal purposes and without payment and not included in Article 128, shall not need any authorization to fly. It shall be suffi- cient for them to obtain the proper registration and to hold valid licenses, airworthiness certificates, and logbooks. They must also com- ply with all provisions concerning flight safety, contained in this Code and the regulations issued thereunder, and furnish security by in- surance or bond of the person liable winch are sufficient to cover any liability he may incur for damages to persons or piopeity of third persons on the ground. CHAPTER IV. AVIATION CLUBS. AVIATION SChOOLS AND AIRCRAFr MANUFACTURERS Article 128. Civil air activities dealing with the training of pilots or ground personiiel or the advancement, of air travel may be under- taken only with prior autimorizat ion froni the Ministry of Aviation. For such authorization the following requirements shall be fulfilled: a) In the case of a legal person, its incorporation and designa- tion of an agent of the applicant; b) In the case of schools or training centers for aeronautical personnel, it must be shown that they have complied with all re- quii'ements of the respective regulation, and c) In all cases, the applicant must prove his fitness and techni- cal qualification to the satisfaction of the Ministry of Aviation. Article 129. There shall be deemed to be of public utility: a) Aviation Schools and centers of aeronautical research; b) Aviation clubs; and c ) Manufacturiiig and cohistrllctioll plants of aircraft, engines, equipment and aircraft repair shops. Article 130. For the establishment of manufacturing and construc- tion plants of aircraft., engines and equipment, or of aircraft repair shops, prior authorization by the Ministry of Aviation shall be re- quired, and the persons engaged therein shall, in every case, conduct their activities in accordance with the regulatory and safety provi- sions issued by the Executive Power. Article 131. Schools or centers of instruction and training for civil aviation may be of an official or private character, and in either case they shall be governed and operated in accordance with the provisions of this Code and the regulations issued thereunder. Article 132. The teaching staff of civil aviation schools must be authorized by the Ministry of Aviation in the form esta.blished by the respective regulation. Article 133. For issuance of authorizations specified in the preced- ing article the Ministry of Aviation shall accept the results of examin- ations in duly recognized aviation schools, but. reserves the right to re- examine when deemed appropriate. PAGENO="0464" 1866 AIR LAWS AND TREATIES OF THE WORLD Article 134. The authorization granted by tile Ministry of Aviation to an aviation school may be cancelled at any time when irregularities in the instruction and the issuance of diplomas are proved. Article 135. Aviation clubs shall be organized as civil associations and their charters and bylaws must be approved by the Ministry of Aviation after which that agency shall obtain recognition of their legal personality from tile respective authority. Tile Ministry of Aviation shall supervise tile air and technical activities of the clubs, in accord- ance with the respective regulation. Article 136. There shall be no customs duty on the importation of aircraft, engines, equipment, apparatus, materials, repair parts, fuel and lubricants for the use of aviation clubs whose establishment has been recognized by the Executive Power. Article 737. The Ministry of Aviation may request the respective authority to cancel the Resolution by which the legal personality of an aviation club has been recognized when the latter does not comply with the regulatory provisions. ChAPTER V. INVESTIGATION OF AIR ACCIDENTS Article 138. The Ministry of Aviation shall have the duty to in- vest igate accidents which happen to civil aircraft within the national territory. After conclusion of the investigation which shall be carried out in the form prescribed by the applicable regulation, the above agency shall determine the probable cause of the accident and make appro- priate recommendations. If necessary, it shall impose appropriate administrative penalties and, when it is in order to do so, he shall bring the facts to the attention of tile judicial authority which has jurisdiction. Article 139. Aid to. a.nd salvage of aircraft which have suffered an accident or are lost, shall be matters of public interest, and the au- thorities as well as air carriers and private persons must participate therein to the extent that they are able to do so, in accordance with the provisions of the applicable regulation. Article 140. Aid and salvage operations shall be directed and Super- vised by the Ministry of Aviation when the accident involves an air- craft ill public transportation. The expenses caused by the rescue of tile aircraft and the victims shall be borne by the carrier. Ai't,cle 141. Any person who has knowledge of an air accident, must inform tile nearest authority which shall have the duty to com- municate the facts by tile fastest method to the Ministry of Aviation. In the absence of the aircraft commander and an aeronautical au- thority, the first official arriving at the place of the accident shall take charge of tile aircraft, baggage, the cargo and mail, and shall take the measures necessary for the protection of, and assistance to passengers and crew. Article 142. The inspectors of the Aeronautics Board or, in their absence, the coimnander of the nearest airdrome shall have the duty personally to come to inspect the aircraft unvolved in the accident, and to tal~e the~ necessary steps and immediately to inform the Ministry of Xviation. Article 143. The Ministry of Aviation shall establish centers for aid anl rescue in such places as it may deem convenient. PAGENO="0465" AIR LAWS AND TREATIES OF THE WORLD 1867 Artele 144. Properietors, pilots and operat.ors of civil aircraft shall imniediat.ely notify the Ministry of Aviation of accidents which have happened to their aircraft.. Article 145. Air carriers shall have the duty, upon request., to sup- ply the persons concerned with available precise information concern- ing their aircraft which have had accidents or which have been lost. Article 146. An aircraft shall be deemed lost in the following cases: a) By sworn declaration of the proprietor or operator, subject to verification by the Ministry of Aviation; and b) When three months have elapsed from the date when the last official or private news was received from the aircraft and its whereabouts are unknown. In either case the Ministry of Aviation shall declare the loss and shall order cancellation of the registration in the respective register. The statutes of limitations on the respective civil actions shall begin to run from such declaration. Article 147. An aircraft shall be deemed abandoned: a) When the proprietor or operator so states in writing to the Ministry of Aviation; b) When it remains on an airdrome for a period of ninety days without operating and when it is not directly or indirectly under the care of its proprietor or operator, and c) When it lacks a registration and the name of the proprietor and the place of origin are unknown. In case a) the Ministry of Aviation shall issue the declaration of abandonment without any further requirement. In cases b) and c) it cause the publication of a notice in the Diario Oficial for three consecu- tive days, and when eight days have elapsed from publication of the last notice without any rights being claimed, it shall issue the declara- tion of abandonment and shall hold the aircraft at the disposal of the Ministry of the Treasury for sale at auction for the benefit of the rreasury. Article 148. In case of air accident, any national or foreign aircraft in Nicaragua may come to the aid of the victims, but it shall have the duty to give prior notice by the fastest method to the Ministry of Aviation. When such aircraft is in foreign territory, a special permit for it shall be required. Article 149. The civil and military authorities nearest to the place where an air accident has occurred, shall have the duty to send to such place assistance groups to render first aid to the victims and to post military or civilian guards until the time of arrival of the investigators appointed for the purpose by the Ministry of Avia.tioii. Article 150. When, for unforeseen reasons or because of force ma- jeure, an aircraft has to make a forced landing on the national terri- tory, t.he commander or the pilot of the aircraft and, in their absence, any member of the crew shall ascertain that no merchandise or baggage is unloaded, and that the passengers do not leave the place of landing without permission from the Ministry of Aviation except when it is necessary for salvage operations. Article 151. Any mail which have been transported on an aircraft which has suffered an accident or which has made a forced landing, must be collected by the aircraft commander, in his absence by another member of the crew, and in the absence of both, by a responsible per- 39-7:ci- Vol. II--30 PAGENO="0466" 1868 AIR LAWS AND TREATIES OF THE WORLD son. In any of these eases it must be forwarded as promptly as possible to an agent of the postal service. TITLE III ChAPTER I. AIR TRANSPORT CONTRACTS Jitfr7e 152. All air carrier shall be deemed any natural or legal person who, under an operating certificate or authorization granted by the Executive Power performs services of air transportation of passengers, cargo, or mail, on a scheduled or non-scheduled basis. ~! itcle 153. For the p~lIpOseS of this Code a carrier shall be deemed any enterprise which fulfills the requirements of the preceding article whether or not it be the proprietor of the aircraft. An employee shall be deemed any agent or subordinate of the carrier who acts in the name and on the account of the carrier and performs the duties of his employment, whether or not they are within the scope of his duties. Article 154. In all cases where transportation is made by several carriers, the ~last carrier~ shall be deemed tile one who performs the last ~ of tile transportation specified in the respective contract. However, when tile tiiillsportitt iOll te~niinates at a point before that of des tinatioll provided `~ i in lie ~` -utra-, the last carrier shall be deemed the carrier perforiiiiiig that stage. Artic7e 155. The proprietor of an aircraft shall be deemed the nat- ural or legal person in whose nanie* it is registered in the Register of Aeroiiautical Property. Ait~c7e 156. The carrier undertakes by the transportation contract to carry by air, for a certain ~ from one place to another, pas- sengers or goods and to deliver tile latter to the consignee. Article 1.57. Domestic air transportation shall be subject to the provisions of this Code and the regulations issued thereunder and, in the absence thereof, of the Code of Commerce regarding land and river transportation. Domestic transportation shall be deemed any transportation in which, by agreement between two paities, both the place of departure and the place of destination are located within the national territory. Art~'cle 158. In the absence of international treaties, conventions, or agreements, international air transportation shall be governed by the principles established in this Code and the regulations issued there- under. International transportation shall be deemed any transporta- tion in which, by agreement between the parties a) The places of departure and of destination are located on the territory of (lifierent states b) The places of departure and of destination are located on the territory of the same state, but. one or more landing on the territory of another state are provided for. Artcle 159. Any transl)ortation carried out successively by several carriers by air shall be deemed a single carriage when the parties have contracted for it as a single operation. Art;cle 160. When the place of departure and the place of destina- tion are located within the national territory, the transportation shall PAGENO="0467" AIR LAWS AND TREATIES OF THE WORLD 1869 not. lose, its domestic character by the. fact that the aircraft, because of foi~ce nw.jeuce~ has to make an unplanned landing on foreign territory. Article 161. In the case of international air transportation the carrier may not loan passengers who cannot show proper authorization to disembark at the place of destination and at the planned stops when the. country where the stop is illade requires a transit visa. Article .162. Iii the transportation o~ passengers the carrier has a duty to issue flight tickers which must contain t lie following informa- tion a) The I)lace and date, of issuance b) The places of departure and destination c) The intermediate stops: d) The cost of the trip; arid e) The name and address of the carrier and the passengers. Article 163. The lack, irregularities or loss of the flight. ticket shall not affect. the existence or validity of the transportation contract which shall continue in accordance with the provisions of this Code. However, if the carrier accepts a passenger without issuing the proper flight ticket. he shall have no right to rel on the provisions of this Code which exclude or limit his liability. Art ic/c 164. In the transportation of baggage, and with the excep- tion of hand luggage which the traveller keeps in his custody, the car- rier has the duty to issue a ba~gage check which must consist of two parts; one for the traveller and the other for the carrier arid which must contain the following: a) The place and date of issuance; b) The places of departure and destination c) The name and address of the carrier: ci) The number of the flight ticket e.) The number and weight, of the. articles : and f) The total value declared, when there is such a declaration. Article 16.5. The lack, irregularities and loss of the baggage check shall not affect the existence or ~~ahiclitv of tue transport.atioii contract which shall continue in accordance with the provisions of this Code. however, if the carrier accepts baggage without issuing baggage checks, or if the check does not. contain the data specified in sub- paragra~)i1S c.) , ci) . and e) of Article I 4, the carrier shall have no right to rely on the pro~~1si01is of this Law which exciticie or limit his liability. Article 166. Without thereby affecting the provisions of the second paragraph of this Article, any carrier of merchandise shall have the right, to request from the shipper the issuance or delivery of a clocu- ment called "airway bill" which may be issued to bearer, to order, or by name, which may be transferred in the manner and with the effects provided for in the Code of Commerce for instruments of this nature.. However, the lack, irregularities or loss of such document shall not affect the existeiic.e or validity of the transportation contract which shall not thereby cease to l)e subject to the provisions of this Code, subject. to the provisions of Article 170. Article 167. Issuance of the airway bill shall he subject to the fol- lowing rules a) It shall be issued by tire shipper in three. original copies and shall accompany the merchandise: PAGENO="0468" 1870 AIR LAWS AND TREATIES OF THE WORLD b) The first copy shall bea.r the notation "for the carrier" and shall be signed by the shipper. The second copy shall bear the notation "for the consignee", it shall be signed by the shipper and the carrier and shall accompany the. merchandise. The third COPY shall be signed by the carrier and shall be given by him to the shipper upon acceptance of the merchandise; c) The si~nat.ure of the carrier shall be affixed at the time of acceptance of the merchandise; d) The signature of the carrier may be substituted by a rubber stamp; that of the shipper may either be printed or replaced by a stamp, and e) If, at the request of the shipper. the carrier issues the air- way bill, it shall be deemed to act for the shipper, unless there is proof to the contrary. Article 168. The carrier shall have the right to request from the shipper the issuance of separate airway bills when there are several parcels. Article 169. The airway bill shall contain the following information: a) The place where the document was issued and the date of issuance; b) The places of departure and destination; c) The intermediate stops with reservation of the right of the carrier to stipulate that. he may change them if necessary; d) The name and address of the shipper; e) The name and address of the first carrier; f) The name and address of the consignee when so required;; g) The nature of the merchandise; h) The number of parcels, form of packaging, special marks and numbers on the parcels; i) The weight, quantity, volume or dimensions of the merchandise; j) The visible condition of the merchandise and the packaging; k) The time of transportation if specified; the date and place of payment, and the person liable for payment; 1) If the shipment is C.O.D., the price of the merchandise and, if necessary, the total freight cost. m) The amount of value declared, when there is such a declaration; n) The number of copies of the airway bill; o) The documents transmitted to the carrier to accompany the airway bill, a.nd p) The time of transportation and a brief description of the routes followed, if specified. Article 170. If the carrier accepts merchandise without an airway bill having been issued or if it does not contain all the information specified in Article 169, subparagraphs a) to i) inclusive, and p), the carrier shall have, no right to rely on the provisions of this Code which exclude or limits his liability. Art ide 171. The shipper shall be responsible for t.he accuracy of the information and declarations concerning the merchandise which he includes in the airway bill. Therefore. he shall be fully liable for all damages suffered by the carrier, or any other person because of irregular, inaccurate, or incom- l)lete information or declarations. PAGENO="0469" AII~ LAWS AND THEATIES OF TI-JR WORLD 1871 Aiticle 17?. Except when there is proof to the contrary, the airway bill shall constitute prima facie evidence of the contract, receipt of the meicliandise and the conditions of transportation. The statements in the airway bill covering height, dimensions and packaging of the niecchandis.e shall constitute certification thereof, unless there is proof to the contrary; statements concerning quantity, vohime, and condition of time merchandise shall not. be proof against the carrier except in the case they have been verified by him in the presence of the shipper and he has so stated on the airway bill, or the statements concern the visible state of the merchandise. A,'ticle 17~i. The lack, irregularity, or loss of the airway bill shall riot affect the existence or validity of the transportation contract which shall continue in accordance with the provisions of Article 176. Jiticle 174. Piovided he fulfills all obligations accruing from the transportation contract, the shipper may dispose of the merchandise, whether this means removing it from the airport of departure or destination, or to detain it en route im~ case of landing, or to deliver it at the place of destination or en route to a person other than the consignee indicated in the airway bill, or to demand its return to the airport of departure, when the exercise of this right causes no preju- dice to the. carrier or to other shippers and with duty to reimburse ii e expenses a ri sing therefrom. Jit;cle 17-i. In case it is impossible to execute the orders of the shinper. the carrier must imme(liately notif him thereof. A iticle 1715. When the carrier complies with time orders of the shipper to dispose of the merchandise without requiring presentation of the copy of the airway bill delivered to him. he~ shall be. liable, subject to action against the shipper, for the damage which may have been caused by such act to the lawful holder of the airway bill. Ai'ticle 177. The right, of the shipper shall cease at the time when that of the consignee begins in accordance with the provisions of the following article. However, if the consignee refuses the airway bill or the merchandise, or if he cannot be located, the shipper shall re- cover his right to dispose of the merchandise. Article 178. Except in the cases specified in the preceding articles, rip until the delivery of the merchandise at the point of destination, the shipper shall have the right to request the carrier to deliver the airway bill and to return the merchandise upon payment of the freight and compliance with the conditions of transportation specified on the airway bill. Article 179. Except for a stipulation to the contrary. the. carrier shall notify the consignee of the. arrival of the merchandise. Article .180. If the carrier knows that. the merchandise has been lost, sent. to the wrong place, or if at. the end of seven days from the time when the merchandise should have arrived, it has not been received, the consignee shall he entitled to claim against the carrier the rights given him by the transportation contract.. Article 181. The carrier and the con~ignee may claim the rights granted to them, respectively. by Articles 180. 181, 182, 183, 184, 185 and 186, each on his own behalf, provided they comply with the duties which the contract imposes upon them. Ar~c7e 182. Articles 174. 175, 176. 177. 178. 179. 180 and 181 shalT in no way prejudice the relations of the shipper and the consignee PAGENO="0470" 1872 AIR LAWS AND TREATIES OF THE WORLD with each other, or the relations of third p~t1'ties whose rights derive from the carrier or the consignee. J,t;(le 18-I. Any clause in derogation of the provisions of Articles 174, 1T~, 176, 171. 17S, 179. 180 and 1S1 must be stated on the airway l)ill. A,'t;c7~ 184. The shipper shall have the duty to supply data and attach to the airway bill any documents which, before delivery of the nierchandise to the consignee, are necessary for compliance with form- alit ies of custon~s, port. police and health. The shipper shall be liable to the carrier for oh damages which may result from the lack, insuffi- (iencv or irregularity of such data and documents, except when the fault may be ifllpute(l to the carrier or his employees. rfhe carrier is under no ol)ligatiofl to ascertam that these data an-I (locllniellts are accurate or sufficient. CHAPTER IT. LrGAL STATES OF THE AIRCRAFT COMMANDER jtfc/o 18-~. Any aircraft used in public transport service shall be under the command of a Commander appointed by the operator from umon~I the pilots who constitute the flight personnel. A i't;c7e 18G. The commander is responsible for the guidance, care, order and safety of the aircraft. the crew, the passengers and their bag- gage, the cargo and the mail transported. This liability commences as soon as he takes charge of the aircraft to begin the flight and ends with its termination, when the proper airline representative takes charge of the aircraft, passengers, cargo. baggage and mail. A~-t;c7e 182'. The aircraft commander shall have the power to: a) Give orders or instructions for the guidance and direction of the aircraft; b) Maintain order on the aircraft and order restrictive meas- ures for persons who disturb it. commit offenses, or refuse or fail to render their respective services: c) Ai-iesf persons who commit a crime. record information con- cerning the act, and deliver the offenders to the competent author- itv at the nearest place of landing: Cl) For sufficient cause suspend a crew member from his duties e) Record births, deaths and other acts which may have legal effects, and wlii-hi occur on board during flight, and entering them in the nroper lo~ 1)00k: f) Take necessary measures dnrin~ the flight to maintain the au-craft in ~ood fii~lit condition with its instruments and supplies and to fake necessary safety measures in case of a luindina' outs~de the :iiidromes on his route: ~-) Jettison ballast to save the aircraft from imminent, danger, a ii d hi~ To change route in case of force m.o~cv,re. :1vf~c7i~ 188. Tn the case specified in subparagraph c) of the preced- ing aEiiOie, the aircraft, commander sliuihl bring the facts to the atteii- tioui of the competent authorities of the flr~t plaee of landing 01) the natuonal territory ai- to that of tue couiipel cut foiei~n authorities and the neare~t ~iearaguian consul when the landing is made. outside the country. *~ ~f~57!= 18.9. The aircraft commander shall have the duty to a) Ascertain that the aircraft and the crew are provided with the documents and books required by the laws and the regulation; PAGENO="0471" AIR LAWS AND TREATIES OF THE WORLD 1873 b) Ascertain that the aircraft and its various pieces of equip- ment have been carefully inspected and are in perfect working order; c) Be in possession of the weather reports for his route, arid refrain from starting on a trip unless he has a satisfactory report at least to the first place of landing: d) Supervise proper storage of the cargo on board, and not overload beyond the authorized weight e) Reject merchandise in obviously bad condition which consti- tutes a (langer to the aircraft or serious annoyance to the passen- gers and the crew, as well as prohibited articles; f) Prevent the boarding of persons in abnormal physical or mental condition which may prejudice the order and safety of the trip. CHAPTER III. CONTRACTS DEALING WITH AIRCRAFT AND ACQITISFFTON OF TITLE OF PO~5E~5~ON Article 190. Any contract by which ownership in an aircraft is transferred or which represents a lien on an aircraft, must he by a pub- lic document which shall be recorded in the Register of Aeronautical Property. Article 191. WThen there is on an aircraft a mortgage or some other lieu typical of real property, the judicial sale shall be made as if it were real property; in other cases such side shall he made in conformity with the rules on personal property. Article 192. Two or more persons may be joint owners of an air- craft and such joint propelty shall he governed by the rules of the Civil Code. Article 193. A charter shall he a contract. by which the lessor, for renumeration. transfers to another the use of all or l)aI~t of the capac- ity of a particular aircraft, for a trip or a series of trips, for a certain number of kilometers, or for a certain time, and reserves supervision an(l authority over tl ie crew an(T the. te~ hiiical direct ian of such ai rein ft. The rights and duties under a charter ma not he ransfened in whole or in part. when the right to do so is hot expressly agreed upon. Jrtclc 194. The charterer shall be the Contracting party who has concluded a charter contract with the proprietor of the aircraft or wit.h the p~son who may lawfully mc he. such a contract. lrt,cle 195. A charter contract must be ~ii writing and must be approved by the Ministry of Aviation, which shall grant. such ap- pro\-al only when the charterer is authorized by the. provisions of this Code to render the service for which lie proposes to use the aircraft. Article 196. All liabilities contained in this Code in regard to a transportation contract. shall be incumbent on the charterer; but. there shall be joint, liability of the. lessor and the charterer in regard to compensation for damages to passengers or third persoi~s on the ground. - I rticle 197. If the charterer, being authorized to do so, in turn grants a. charter on the aircraft, liability in regard to the transporta- tion contract. shall rest. upon the. last charterer; but there shall be joint liability of the charterer and l)rior charterers for damages to pas- sengers or third persons on the ground. PAGENO="0472" 1874 AIR LAWS AND TREATIES OF THE WORLD Article 198. A lease of aircraft may be for one or more trips; for the number of kilometers to be flowii: or for a fixed time, and the duty of the lessor shall be limited to delivering the aircraft at the agreed time and place, provided with the documentation necessary for the flight. In a. lease the lessor need not. equip the aircraft; l)Ut lie must main- tain her in itormal flight condition until the. end of the contract but such duty shall cease in the case of negligence of the lessee.4 The lessor shall not direct and supervise the crew; the technical supervi- sion of the particular aircraft shall be incumbent on the lessee. Article 199. A lease of civil aircraft must be incorporated in public document or iii a private document signed before the competent. an- thtority designated by the regulations. A lease consisting of a public document shall be recorded in the Register of Aeronautical Property. Ait;clc 200. No Nicaraguan aircraft. may be sold, given, leased or loaned for delivery abroad without prior authorization from the Mm- istry of Aviation. Sales by public auction to foreigners shall be ex- empt from tins pro~~sion. The authorization must. state the purpose for which the aircraft is to be use(l and the place from which it will operate. Jiticle ~0J. Notwithstanding their being personal property, civil aircraft may be subject to mortgage. Insofar as there. is no provision in this law, such contract shall be governed by the applicable provi- sions of the Code of Commerce and, absent such provisions, by the Civil Code. Article 202. A mortgage shall have preference over any other credit except the following: a) Legal costs and expenses for preservation of an aircraft ~~ending a judgment b) Compensation for aid and salvage, taking place during the existence of the mortgage; c) Debts to the State for taxes or fees in connection with use of airports or services for air navigation for a period not exceed- ing sixty clays; d) Expenses incurred by an aircraft commander in the exer- cise of his powers and which were necessary to continue the last trip; and e) Wages owed to subordinates and employees on board the air- craft during the last trip. Article 203. If an aircraft is destroyed or expropriated, a mort- ga.gee may enforce his preferred claim on the insurance and on the compensation owed to the owner. Article 204. Aircraft. mortgaged in this country may not be tempo- rarily or permanently transferred abroad without express consent of the mortgagee who must give his authorization by public instru- ment.. Article 205. Without express consent of the mortgagee, no changes may be made in structural characteristics or propulsion machinery of an aircraft. In the Spanish original obviously erroneous: Arrendador-lessor. Ed. PAGENO="0473" AIR LAWS AND TREATIES OF THE WORLD 1875 Article 206. A mortgage shall be extinguished in the following circumstance,s: a) By the loss or complete destruction of the aircraft, without thereby affecting the provisions of Article 203, and b) By a judicial decree to auction, provided the creditor has been summoned in accordance with the general laws. Article 207. Aircraft, engines, propellers, and spare parts for such aircraft may be subject to pledge as security and such instrument shall remain in the power of the creditor and, in all cases, shall be governed by the provisions of this Code. Article 208. A pledge contract shall be by public instrument and shall be recorded in the Register of Aeronautical Property in the case of an aircraft, and in the Section of Industrial Liens, in the case of engines or other parts, and while the recordation subsists, no transfer of, or right in the object which constitutes the security, shall affect the contract. The provisions of Articles 204 and 205 of this Code shall apply to aircraft on which a security lien exists. Article 209. In addition to the elements required by the applicable laws, mortgage and security contracts shall contain a description of the aircraft on which a mortgage or security lien exists and of the mortgaged parts, and other data which identify them in an unmis- takable manner. Article 210. In cases of attachment or other judicial embargo of aircraft used in public transportation service, the court decreeing the measure shall provide the means necessary to prevent interruption of the service and shall notify the Ministry of Aviation thereof. Article 211. Insofar as there are no express provisions in this law, contracts concerning aircraft shall be governed by the applicable pro- visions of the Code of Commerce and in their absence by applicable general laws. Article 212. Title in aircraft may be acquired by prescription [stat- ute of limitations] and tile rules of the Civil Code shall apply which deal with the matter of acquisition of personal property by pre- scription. ChAPTER IV First section-damages to passengers Article 213. A carrier shall have the duty to pay for damages and detriments caused by the death or injury of any kind suffered by a passenger because of the transportation, when tile event which caused such damages takes place during the period from the time when the passenger boards tile aircraft. to the time when he leaves the aircraft and when such aircraft is parked on any airport or other landing area including tile place of a forced landing or a landing due to an accident. The duty referred to in the preceding paragraph also includes com- pensation for damages arising from accidents or force ma jeure. The term "injury" includes all bodily, organic or functional in- juries, as well as those which affect the mental faculties. PAGENO="0474" 1S76 AIR LAWS AND TREATIES OF THE WORLD Article 214.~ Compensation due for damages caused by an accident or force ma jeure in commercial airlines and non-scheduled public air carriers, shall be in the following amounts: a) For the death of a passenger, five thousand dollars; b) For injuries which cause total permanent disability, six thousand dollars; c) For injuries which cause partial permanent disability, up to a maximum of four thousand dollars; ci) For injuries which cause partial temporary disability, up to a maximum of two thousand dollars e) For other injuries, up to a maximum of one thousand dollars. In the cases specified in subparagraphs c), ci), and e), the court. may determine, within the limits fixed, the amount to be awarded in view of all the. circumstances surrounding the damage. In cases of regular public air carriers, the compensation listed in the prececlmg paragraphs shall be increased by 1OO~. The above stipulations in this article shall be understood to be with- out. pIejlTdlice to the increases ~vhicli correspomi in cases covered by ~rtic1es 216 and 217. Ai'tel.e 21.5. The damages to which the preceding article refer and which are dealt within this provision, shall be covered by insurance to be. contracted for by the carrier with an institution which has been accredited by the. Ministry of Aviation, before operations may be begun and which shall be kept in force during the period of validity of the operation certificate or authorization, as the case may be. j,~t;c7e ~?1G. W~hen the event which gave rise to the damage is wholly due to negligence of the carrier or its employees, the compensation shall be the amount fixed for each case in Article 214, with each amount increased by 5O~. A,'fie7e 21~. When the court which has jurisdiction over the. par- ticular case has decided that there was intent on the part of the carrier or its employees, the liability of the carrier shall be unlimited. In any case, the amount of compensation. when there is intent, may not l)e. less than the. compensation due. for negligence of the carrier or its employees. J,~t;c7e 218. In the case of a Nicaraguan or foreign international air carrier with a certificate or authorization issued by the Executive Power, the compensation for damages referred to in Articles p13, 214, 216. and 217. cause.d to passengers of Nicaraguan nationality or t.o aliens domiciled in the country. who have bought their tickets in Nic- aragua. shall always be subject to the provisions of this law, be this the point of beginning the trip or the point of destination be on Nicaragua territory or abroad and whatever be the place where the damage occurred. in all cases included in the preceding paragraph, the Nicaraguan authorities shall have jurisdiction to resolve such questions as may Aitic7e 219. Foreign international air carirers which operate in Nicaragua must take out. the insurance referred to in Article 215 with insurance carriers lawfully authorized in Nicaragua. `Amended by Decree 576 of March 11, 1961 (La. ~aceta, April 24, 1961). PAGENO="0475" AIR LAWS AND TREATIES OF THE WORLD 1877 Ji'ticle 220. When damages are caTised by air operationS to mem- hers of the crew of an aircraft, the liability of the air carrier, or the holder of the authorization in the case of private air services for profit, or of the proprietor of the aircraft in the case of non-profit private services shall be the following: a) For the death of a crew member, ten thousand dollars; b) For injuries which cause total permanent disability, twelve thousand dollars; c) For injuries which cause partial permanent disability, up to a maximum of eight thousand dollars; d) For injuries which cause partial temporary disability, up to a maximum of four thousand dollars; e) For other injuries, up to a maximum of two thousand dollars. In the cases covered by sections c), d) and e), the Court may determine, within the limits fixed, the amount of award, in view of all of the circumstances surrounding the injury. In the case of regular public air carriers, the compensations fixed in the preceding paragraphs shall be increased by 100%. AU of the above stipulations in this article shall be understood nor to prejudice the increases which correspond in the cases of Articles 216 and 217. Aiticle 221. Any clause which is intended to exclude liability of a carrier or to specify lower amounts than those specified in this law shall be null and void, but the validity of such clause shall not affect the transportation contract which remains subject to the provisions of this Code. Ai~tk7e 222. The liability referred to in Articles 213, 214, 216, and 217 shall also apply to damages and losses suffered after the end of the period of transportation specified in those articles when such damages were the direct result of an event which occurred during such period. A ,tcle :223. There shall be no liability of the carrier for damages arising from accidents caused intentionally by the victim thereof or which are clue to the unlawful act of a third person, or from any accident suffered by a passenger during the ascent or descent of the ai~craft because of obvious carelessness of the person suffering the ucc~dent or his violation of safety regulations. 1iti~7e 224. The Ministry of Aviation shall ascertain that the in- surance covering damages suffered in air transportation is kept in force during the time of validity of the operating certificate or au- thorization, as the case may be. Ji~tic7e 225. The contract of insurance for damages suffered in air transportation by passengers or crew members shall be exempt from any tax, fee, or other contribution. Article 226. In cases of death or injuries of a passenger the person or persons who have the right to claim compensation must make such claim within one year from the date on which the event which gave rise to the claim occurred. Article 227. The carrier have a duty to pay compensation for dam- ages and detriments suffered by a passenger as a consequence of a Amended by Decree 576 of March 11, 1961 (La Gaceta, April 24. 1961). PAGENO="0476" 1878 AIR LAWS AND TREATIES OF THE WORLD delay in the transportation when such delay occurs during the period elapsed from the time when the flight should have commenced in agreement with the provisions of the contract of transportation until the time when the trip is completed. Any delay or deviation from the route agreed upon between the parties or the regular route approved by the Ministry of Aviation, which takes place in order to protect human life or for purposes of flight safety shall not be deemed a violation of the transportation contract or impose any liability on the carrier. Article 228. The liability of a carrie.r for damages to passengers in case of delay shall be limited to a maximum amount of twice the price of the flight ticket, in accordance with the respective trans- portation contract. Article 229. A claim for damages referred to in the preceding arti- cle must be made within thirt days from the date when the delay which gave rise to the claim occurred. Section 11-Damages to Checked Baggage and to Cargo Article 230. The carrier shall have a duty to pay compensation for (lamages and detriments resulting from the loss, destruction, damage or delay of cargo or baggage checked through, when the event which caused the damages takes place during the period of transportation. For purposes of the preceding paragraph the period of transporta- tion shall l)e computed from the time when the carrier receives the cargo or checked baggage to the time of its delivery to the consignee. Article 231. The carrier shall have a duty to pay compensation for damages and detriments occurring in cases of loss, destruction, dam- age or delay of hand luggage if the event which caused the claiiiage took place (luring l)eriod between the time when the passenger boards the aircraft and when lie rlisembarks, and when such aircraft is parked on any airport rn other landing area, including the place of a forced or emergency landing. Article 232. The liability provided for in Articles 230 and 231 shall also apply to daniages and detriments suffered after completion of the respective periods of transportation specified in said articles if such damages resulted directly from events which occurred during one of such periods. Artcle 233. The liability of the carrier in the case of loss, destruc- tioii. damage or delay of ~argo or checked baggage, for purposes of compensation. shall be limited to a maxirinun amount representing sixteen dollars per kilogram of gross weight. The liability of the carrier in the case of loss. destruction, damage or delay of hand luggage, shall be limited to a maximum amount of three hundred dollars total for purposes of compensation to the owner of the hand lua~e. Article 234. Notwithstanding the~ provisions of Article 230, the carrier shall not be liable when he proves that he and his employees have~ taken all possible measures to avoid the damages or that it was imnpossll)le for cii her ot tiiei~i I 0 take such measures. In the ca~e of hand luggage the carrier shall merely be liable under Article 231 when the passenger proves that the damage was clue to the negh igence of the carrier or hi~ employees. PAGENO="0477" AIR LAWS AND TREATIES OF THE WORLD 1879 A itcle 23.5. The acceptance of baggage or cargo without any pro- test on the part of the passenger or consignee, except for proof to the contrary, shall create a l)IeSumPtiofl that the goods were in good condition and in compliance with the transportation contract. No such presumption shall exist when, at the time of acceptance the pas- senger or consignee presents to the carrier a reservation in writing to the effect that the baggage or cargo had not been examined. Article 236. In the case of damage to baggage or cargo the person who has a right to the delivery of the goods shipped, must present his daim to the carrier within three days from the date of receipt in the case of baggage, and within seven days in the case of cargo. A claim for loss or delay of baggage or cargo must be presented within thirty days from the date on which, under the transportation contract, the goods should have been put at the disposal of the pas- senger or consignee or the person who has the right to receive the ~hi pinelit. Artcle 237. After the periods referred to in the preceding article have expired, all liability shall cease to exist. Section I1I-Da~rnages to Persons or Property of Third Persons on the Ground Article 238. The operator of any national or foreign civil aircraft which flies over Nicaraguan territory shall be financially liable for damages and detriments caused to persons or property of third persons on the ground. The person who suffers the damages shall be entitled to ask repara- tion from the Nicaraguan courts under the conditions established in this law by merely proving that the damages were caused by an air- craft in flight or by a person or article falling therefrom. However, there shall be no right to reparation when damages are not the direct consequence of the event which caused them or when they are due to the mere fact of passage of the aircraft through the airspace in con- formitv with the air traffic rules. Arti~'7e 239. For purposes of the liability provided for in the pre- ceding article, the following shall be deemed the operator in the respective cases: a) The airline company; b) The carrier; c.) The natural or legal person who has been granted the ~uthorizat ion in the case of private air services for profit; d) The owner of the aircraft in the case of aircraft in private service intended for personal use of the owner and non-profit. A rtcle 240. For purposes of this Code an aircraft shall be deemed in flight from the time when propulsive force is applied for take-off until termination of landing maneuvers. In the case of aircraft lighter than air, the expression "in flight" shall apply to the period beginning with the time when it is detached from the ground until it is again secured thereto. Article 241. Any person not entitled to the use of an aircraft who uses it without the consent of the operator, shall be liable for any damage caused. Any operator who has not taken adequate measures to avoid unlawful use of his aircraft, shall be liable jointly with the tort feasor for any damage. PAGENO="0478" 1SSO AIR LAWS AND TREATIES OF THE WORLD A,'tic7~ 242. Any person liable under this section for damages to third persons shall have no duty to make reparation for damages which are a (lirect consequence of armed conflict or civil disturbance or when lie has been deprived of the use of the aircraft by an act of the public aut lion i es. Jit-;c7e 243. The liability for damages to third persons may be ex- cluded oi' reduced when the person who has suffered them has caused or contributed i~ cause them. 4i~t;e7e 244. The amounts of compensation for damages and detri- ments payable by persons liable under Article 238 of this Code, shall not exceed the following amount for each accident: a) Ten thousand dollars for aircraft whose weight does not exeed one thousand kilograms; b) Ten thousand dollars plus ten dollars for each kilogram above one thousand for aircraft which weigh more than one thou- sand but not over six thousand kilograms; c) Forty thousand dollars plus six dollars for each kilogram above~ six thousand for aircraft which weigh more than six thou- sand but not over twenty thousand kilograms; d) One hundred thousand dollars plus three dollars for each kilogram above twenty thousand kilograms for aircraft which weigh more than twenty thousand but not over fifty thousand kilograms: e) Two hundred thousand dollars l)11lS two dollars for each kilogram above lifty thousand for aircraft whi~ch weigh more t~ian fifty thousand kilograms. Ai'ticle 24~5. For purposes of this Code "weight" shall mean the maximum weight~ of an aircraft authorized for take-off by the certifi- cate of airworthiness. excluding the effect of lifting gas when it is used. jit;c7e 246. The operator of any civil aircraft which flies over Nica- raguan territory, whether it is a national or a foreign aircraft, must be insured in regard to his liability for damages to third persons on tl~ a ground up to the. limit corresponding to the weight of the aircraft iii conform it with the provisions of Article 244. Article 247. The insurance shall be deemed satisfactory if it com- plies with the provisions of this Code and has been contracted for with an insurance company accepted by the Ministry of Aviation, or law- fully authorized by the country of registration of the aircraft in the case of foreign aircraft. Ai'tic7e 248. In the case of damages to third persons caused by acci- dents due to a crash or ma k~ime. or negligence, the compensation for death or injuries shall be the saiiie as that established, by Articles 214 and 210, respectively, but. if there~ are. several persons such coni- pensation shall be divided proportionately and in accord with each case established. But the total amount~ may not exceed the limits sped- fled in Article 244. Amt;c7e 24D. When the person who suffers the damages proves that they were caused by a deliberate act or omission of the operator or Ills employees, (lone with intent to cause damage, the liability of the oper- ator shall be unlimited and shall be governed by the provisions of Article ~17. PAGENO="0479" AIR LAWS AND TREATIES OF THE WORLD 1881 Article 250. When damages are caused simultaneously to persons and jropert.y, a third of the amount of the. compensation shall be applied to recovery for damages to the property, and the remaining two-thirds to recovery for damages caused to persons. ~S~ection IV-Daniages to Third Persons on the Ground in Case of Midair Collision Article 251. In the case of damages caused to third persons on the ground by a collision of two or more aircraft, the operators thereof shall be jointly liable to the victims up to an amnouiit equal to the total for which all aircraft involved in the collision ale liable for accidents, under the terms of the preceding Section. Artele 25;?. If the collision was caused by negligence of one of the aircraft, the operator of the blameless aircraft shall be entitled to ic- cover from the operator of the other one the amount of compensation lie had to pay to the victims on the basis of joint liability. If there is contributory negligence, the operator of the aircraft who, under his joint liability, has paid a greater amount than that which lie owes, shall be entitled to recover the excess from the operator of the other aircraft. Article 253. If the collision was caused Lv accident or foice nmeiii'e, each operator of the aii~craft shall be liable within the limits and under the conditions specified; the one being entitled to recovery of the ex- cess in case he has paid a greater amount than he owed. section V-Gcneral Pro risions Article 254. Civil liability for damage to passengers by national or foreign international air carriers shall be governed by Article 218 in the case considered therein and, otherwise, by the international con- ventions in effect in the Republic. In the absence of such conventions, such liability shall be governed by this Code and other applicable laws, when the accident, or the damages and detriments have occurred on the national territory. Artcle 255. The right to claim compensation under contractual or non-contractual liability shall cease in all cases for which no special statute of limitations has been established whiemi no action is brought within two years from the date when the event which gave rise to the damages occurred or, if there is none, when the transportation begaii during which the act mentioned took place.. The general and special statutes of limitations shall cease to ruit when there is proof of fraud on the part. of the carrier. Article 256. Contractual liabilities pi'oviclecl for in this Code may be fixed at a higher amount of compensation under a spec.ial agreement between the enterprise or carrier 111(1 1 he passenger or s~hiipper. as the (`:150 may be. But iii no (~`t5C univ the limit be set it ;i lower amount as contractual or non-contract i.nil 1 ial)ii :tv. J i'ticlc :?57. The guarantees required in confoiiiiitv with this Code for the payment of (lamages arising froiui contiaci uai (II non-confine- tual liabilities, shall be e~pec:allv :i n(l 1 ireierent idly sit1 )je(t to the buy- nient. of comimnensation wInch tins Is \v provules h r. `l 7tc'e 3c~. In c:ise. of iiull)OSSi )Ih itv (111 tIle fid rt (if in~uiance firm 01' eompnnie~ to underwrite the insitr:une ~ Ii hIm this Code re(jiliieS and such situadomi is clearly plo\e1 to the Minister of Aviation, that official PAGENO="0480" 1882 AIR LAWS AND TREATIES OF THE WORLD may agree that such guaralitee be replaced by a deposit in cash or by a. security furnished by a recognized bank, and if that is not possible, by an ample and effective collateral guarantee. The Minister who accepts a collateral guarantee shall be persoiially liable to an in~urecl party wheii at any time and under normal circum- stances such guarantee. is insufficient to cover the damages. A Minister who permits air operations on insufficient guarantees shall also per- sonally be liable to the injured party even though the guarantees have not been accepted by him. Article 2.59. The Nicaraguan courts shall have jurisdiction over, and decide in conformity with this Code: a) Claims against Nicaraguan enterprises which perform inter- national public air transport. services and there is no timely alle- gation and proof that they are expressly subje.ct to another juris- diction; b) Claims against foreign enterprises which operate interna- tional public air transport services, in the following cases: 1) for personal injuries to Nicaraguan or foreign passen- gers domiciled in this country, or in case of delay in traiis- portation even when the case is other than that pro~~icled for in Article 218. 2) For loss, damage, or (lelav of cargo or checked baggage or hand luggage which belongs to Nic~traguans or foreigners domiciled in this country. when such cargo or baggage is dis- patched from Nicaragua or when this country is the ultimate destination : and 3) For damages to the person or property of third persons on the ground on Nicaraguan territory. c) In any other case not expressly included in subparagraphs a) and b) ,nor excluded in this last paragraph. Article 260. Damages caused by aircraft on the ground shall be gov- erned by the general laws. Article 261. The provisions of the general laws shall be applicable to all matters not regulated in this Code. TITLE IV CHAPTER I. VIOLATIONS Article ~ The Ministry of Aviation shall organize and regulate the inspection service for civil aviation in the whole country in order to assure the proper conditions of flight safety. Article 263. The Ministry of Aviation shall enforce strict com- pliance with the laws and regulations on civil aviation and, if neces- sary, impose proper legal penalties. Article 264. A fine of from five hundred to five thousand Córdoba$ shall be imposed on the commander or pilot of any civil aircraft who, without a special authorization or not excused by force ~najeure: a) Pilots an aircraft without marks of nationality and regis- tration b) Pilots an aircraft without airworthiness certificate or with one that. has not been properly validated; PAGENO="0481" AIR LAWS AND TREATIES OF THE WORLD 1883 c) Performs acrobatic flights, buzzing or dangerous maneuvers over cities or centers of population; d) Flies over cities or centers of population at. a. lower altitude than that prescribed by the air regulations; e) Pilots or crews an aircraft without. the license and the certifi- cates of qualification required for the category, class or type of aircraft. in question, or with such documents which have not been properly validated; f) For disobeying flight orders or instructions received; g) For crewing an aircraft after having taken alcoholic bever- ages in any amount; h) For flying over prohibited areas; i) For not immediately informing the competent authority of accidents; j) For not, landing on the civil airdromes designated in the necessary flight permit or authorization, and k) For using or permitting the use of photographic equip- ment abroad an aircraft in flight, or making or permitting the making of aerial maps or photographs without proper authoriza- tion tlierefor. In addition to the fine in all cases provided for in this article, the license of the. commander or pilot responsible may be suspended at the discret.ion of the ~[inistry of Aviation. Aiticle ~ A fine of from two hundred to two thousand Córdobas shall be imposed on any pilot or commander of any civil aircraft: a) For crewing the aircraft without himself having the respec- tive license: b) For permitting any person not, a member of the flight, per- sonnel to take part in the operation of the aircraft.; or when the members of such personnel do not have their license or it is suspended or invalid; c) For abandoning an aircraft, passengers, cargo or other goods at a place which is not the terminal point without having good a.nd just cause to do so. d) For permitting a member of the flight personnel to par- t.icipate in the operation of the aircraft after having drunk alco- holic beverages; in such case the same penalty shall be imposed on the member of the flight, personnel. e) For throwing or permitting the throwing from an aircraft. of articles or ballast without. necessity: and f) For making demonstration flights, technical tests or instruc- tion flights without a permit Article ~66. A fine of from two hundred to five thousand Cordobas shall be imposed on the owner or operator of civil aircra.ft in the following cases: a) For altering or mo'difyihg the marks of nationality or reg- ist.rat.ion of an aircraft without. authorization from the competent authority: or for permitting a flight, without such marks; b) For registering an aircraft in the register of another *ate without obtaining the cancellation of the Nicaraguan registration; c) For ordering the commander or pilot of au aircraft to com- mit; acts ~which involve a vio'ation of this Code or Other regula- tions; 39-737-r~-vo1. II---31 PAGENO="0482" 1884 AIR LAWS AND TREATIES OF THE WORLD ci) For keeping in this country a foreign aircraft or for taking abroad a national aircraft without complying with the require- ments of this Code and tile regulations issued thereunder; e) For not immediately notifying tile competent authority of accidleilts to his aircraft; f) For permitting his aircraft to disrupt or impede air traffic or traffic on airdromes; g) For transporting arms, dangerous and inflammable arti- cles, or explosive, or other substances, without proper authoriza- tion; II) For transporting dead bodies, and contagious or mental patients without proper authorization; 1) For permitting an aircraft to fly without airwortiliness certificate or without valid registration certificate: j) For permitting that tile crew of an aircraft lack tile license the.refor; and k) For using or permitting the use of equipment of aerial photography without the proper permit. Article 267. A fine of from [500 to 5,000] five hundred to five thou- sand Cordobas shall be imposed on air carriers which operate under an operating certificate or authorization by the Executive in the following cases: a.) For performing operations in violation of rates, flight routes, flight frequencies and time schedules that have been officially approved: b) For refusing to transport. any person or cargo without lawful reason: c) For preventing or attempting to prevent any aircraft from using any airdrome or airport which has been (leclared open to public use by tile Ministry of Aviation; ci) For non-compliance with tile obligations specified in this Code and the regulations issued thereunder, in the operating cer- tificates or authorization and which, in the judgment of the Minis- try of Aviation, does not warrant cancellation of the certificate or authorization; e) For not performing, in the manner required by the regula- tions, the preservation and maintenance of its flight equipment, airdromes, engines and equipment, of any other services which relate to the. safety and efficiency of transportation, and f) For not following tile air routes or landing on airports in accordance with the provisions of the operating certificate or au- thorization, as tile case may be. TITLE V SALE CHAPTER. FINAL PROVISIONS Article 268. This Code repeals the "Law of Civil Aviation" of August 5, 1944, and any other provision on the subject matter treated in this Code, and shall come into force fifteen days from its publica- tion in "La. Craceta"; Diario Oficial. Article 269. The Executive Power, through the Ministry of the Treasury, and with prior consultation with the Ministry of Aviation, PAGENO="0483" AIR LAWS AND TREATIES OF THE WORLD 1SS5 shall grant by iDecree, when the general situation requires it, franchises or duty free importation of articles necessary to air navigation. TITLE \I. TRANSITORY PROvIsIONs Jrticle 270. Enterprises of civil aviation which operate in Nica- ragua, whatever the condition or status under which they act, shall have a period of three months from the date on which this Code enters into force to comply with the rules prescribed in this body of law, in order to be allowed to operate in this country. Article 271. After the term specified in the preceding article, there shall be without validity all authorizations or permits granted prior to the effective date of this Code and, therefore, after that date no enterprise may continue to operate on the basis of such contracts, authorizations, or permits. Art ide 272. During the period specified in Article 270 the Executive Power shall have tile authority to issue the pertinent regulations and, if necessary, to apply the necessary legal procedures to terminate the lease contract for the international airport of "Las Mercedes" so that the government of Nicaragua may take over effective administration of that airport. The expenses which are necessary to comply with the provisions of the preceding paragraph shall be payable from the revenues not completely expended or those not used from the actual budget of Revenues and Expenditures of the Repubii. Managua, May 18, 1956. OTHER LEGISLATION IN FORCE 1. Air Regulation 908 and others deal with requirements for aircraft used for fumigating, using poisonous sprays, and restrictions thereon (La Gaceta, August 24 and 27,1957). 2. Decree 39 of May 20, 1958, issues Regulations to govern two registers, one for property in the field of aeronautics and an adininis- trative aeronautical register (La Gaceta, May 30, 1958). 3. Decree 38 of April 22, 1958, issues the Regulation on Air Traffic (La Gaceta, June 2,1958). 4. Decree 12-C of September 7, 1959, regulates the registration of aircraft (La Gaceta, October 22, 1959). PAGENO="0484" PAGENO="0485" NIGER LAW NO. G~-13, JTJLY 17, 196~, CODE OF CIVIL AVIATION BOOK I. AIRCRAFT Art. 1. In the application of this Code, an aircraft shall be deemed to be am- contrivance which can maintain itself, and move in the air. Art. 2. Aircraft used for such services as 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 1)olice services provided they are not incom- patible with the purpose of such aircraft. TITLE I. OwNERSHIP. MORTGAGE. AND ATTACHMENT OF AIRCRAFT CHAPTER I. REGTSTRATION, NATIONALITY. AND OWNERShIP OF AIRCRAFr Art. .3. Every civil aircraft must be registered in a register kept by the Ministry in charge of civil aviation, under conditions fixed by decree. `flic re~istration identities the aircraft. It ~l~cll be -Jiown by a cert ilicate of registration. Art. ~. Any aircraft registered in the Nigerian register shall have Nigerian nationality and must bear the nationality and registration marks provided for ill the regulations. Art. 5. In the register defined in Article 3 above shall be registered any aircraft owned by a natural or legal person or persoiis of Ni- gerian nationality. In order that a legal person or persons be deemed of Nigerian nation- alitv. the following must be the case: In membership associations, all members must have Nigerian nationality. In corporation with limited liability, the owners of the ma- joritv of the capital and the management must have Nigerian nationality. In stock corporations the I)resident, the director general, and the majority of the board members must have Nigerian nationality. Art. 6. Except for the provisions of Article T, any aircraft owned by a foreigner whose legal domicile is in Niger, or by a foreign cor- poration or association whose main office is in Niger, may be registered in Niger. The same shall apply to aircraft whose foreign owner performs any activity which is useful for the economic or social development of Nicer. Hovever. registration of an aircraft owned by a foreigner shall be subject to an authorization granted by the Ministry in charge of civil aviation. The decision to authorize the registration shall be 1887 PAGENO="0486" 1SSS AIR LAWS AND TREATIES OF THE WORLD made by a simple ordinance published in the Journal Officiel of the Republic of Niger. Art. 7. An aircraft which is registered abroad may not be registered in the Nigerian register except. after showing that the foreign registra- tion has been cancelled. When any of the conditions specified in Articles 5 and 6 are no longer fulfilled, the owner of the aircraft must notify the official in charge of the register. who shall cancel the registration. In the ab- sence of notification by the owner, which must. be made within a period specified by decree, cancellation in the register shall be effected by an ordinance with reasons issued by the Minister in charge of civil avia- tion and published in the Joa~nal Officiel of the Republic of Niger. A it. 8. Legal relations 1 )etweeli persons aboard an aircraft in flight shall be governed by the law of the country of origin of such aircraft. However, when a crime or misdemeanor is committee aboard a for- eigii aircraft. the Nigerian courts shall have jurisdiction when the persor whO commits the crime, or against whom it is committed, has Nigerian nationality, or when the aircraft. lands in Niger subsequent to the crime or misdemeanor. The courts of ]uris(lictioll shall l)e those at the place of lauding or at. the place where the arrest is made in the case where the P~'~°~ eomniitting the violation is arrested at a place other than that of the landing. When an event occurs aboard a Nigerian aircraft, the flight com- mander may take all measures he deems necessary to ensure good order. In the application of this article, an aircraft shall be deemed in flight from the time when po~ver is applied for take-off till the time when laui ding is completed. In the case of lighter-than-aircraft the term `iii flight" shall apply to the period between the time when such aircraft is detached from the ground and that when it is again attached. Art. D. Registration in the register shall be proof of title. Such register shall be public and anyone may obtain a certifiedi cop thereof. Art. 11~. Aircraft shall be persoi~al Property in regard to application of the rules of the Civil Code. However, transfer of ownership imiust. be in writing and shall be without effect in regard to third lersons un- less there is a registration in the register. Any change in ownership by reason of death and any judgment transferring, establishing, or declaratory of ownership must be re- cord~(l in the register at the. request of the new owner. ChAPTER II. MORTOAGE AND ATTACHMENT OF AIRCRAFT Art. ii. Aircraft as defined in Article 1 of this Code may be mort- gaged only 1w 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 peimauieiutly installed on the aircraft, w-hether they are fixed thereon or are temporarily det ached. Art. 12. A mortgage may, by a single document, 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 document. PAGENO="0487" AIR LAWS AND TREATIES OF THE WORLD 1859 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 parts shall be kept in one or more places of which notice shaH be given as provided for in Article 14. When the are used on aircraft to which they belong, they must be immediately replaced. The creditor must. be notified of such use. Ai~t. 14. The spare parts mentioned in the preceding article include all parts constituting aircraft, engines, propellers, radio equipment, instruments, other equipment, furnishings, parts of of various corn- l)olient 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 ~)osting, 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 mortgage. An inventory showing the kind and number of such parts shall be attached to the document recorded. Ait. l.i. A mortgage is void unless it is in writing. The act estab- lishing it may be public or under private seal. It must specify all elements affected by the mortgage. It may be on order: in that case, endorsement shall transfer title to the mortgage. 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 lien for him as guarantee for the amount stated as remaining to be paid provided the seller requests recordation of such lien 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 notice shall include the principal characteristics of the aircraft under construction: a receipt the.refor shall be issued. Ait. 16. Tn the case of loss or crash of an aircraft, unless there is a contrary stipulation, the mortgagee may be. subrogated for the amount due him for the insured as to the right to compensation payable by the insurer. Prior to making any payment, the insurer must. request. an official statement of the 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 1)e recor(led in such re~i ster. l,t. 18. When there are two or more mortgages on the same air- craft, their nrecedence 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 dat.e of its recordation. It shall cease t.o be effective when the recordation is not renewed before the expiration of such period. PAGENO="0488" 1S90 AIR LAWS AND TREATIES OF THE WORLD Art. ?O. Recordation of a mortgage shall guarantee, in the same precedence as the mortgage itself, interest for three years in addition to the current year. Act. ~?1. Recordat.ion 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. 2;2. 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 beeii can- celled prior thereto. A it. 23. Creditors whose mortgage on an aircraft has been recorded, shall follow their security in whatever hands it may pass, for the ptirp~se of collection and payment in the order of their respective recorciation and after privileged creditors, subject t.o the provisions of Articles 24 and 2T below. Art. 24. Only the following debts shall have preference to mortgages and be privileged: 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 clue 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 sal- aries, 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 precedmg article shall affect the aircraft. or the insurance mentioned in Article. 16. They shall fol- low the aircraft in whatever hands it may lass. They shall be extinguished three months after the event which gave rise to them unless the creditor makes l)rior 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 c.ase of voluntary transfer properly re.corded in the reg- ister. 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 pertinent publications. Art. 2G. 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. However, debts mentioned in Article 24, 2) and 3) shall he paid in inverse order as regards t.he 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 PAGENO="0489" AIR LAWS AND TREATIES OF THE WOIILD 1S91 privileges. 1-lowever, in the case of sale in Niger of an aircraft mort- gaged in a State, party to the international convention for the recog- ilition 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 per- sons 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 manner provided for by decree, the registration of a 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 regiSter in U st 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 Niger. the provisions of the preceding p~1ra- graph may not be invoked against, such persons or their representatives in attaching the aircraft which caused the damages or another aircraft of the same owner. A it. 30. Without thereby affecting more serious penalties, if they are in order, any act of destruction or removal, or attempt of destine- tion or removal, of aircraft or spare parts on which a mortgage has been properly recorded, shall be punished by the penalties provided for in Article 338 of the Criminal Code. Any fraudulent act intended to deprive a. creditor of his security shall be subject to the same penalties. Art. 31. Nigerian aircraft, and when there is reciprocity foreign aircraft, shall be exempt from attachment under the conditions spe- cified in the convention for the unification of certain rules on attach- ment of aircraft, signed in Rome on May ~9. 193~l, or in any convention amending it. which is applicable in Niger. Art. 32. Tn the case of attachment for infringement of a patent. de- sign or model, the owner of a foreign aircraft or his representative ma-v have the attachment lifted by deposit of a bond the amount of which, in the absence of a friendly agreement, shall he 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 Nbierian territory and that there is reciprocity. A if. 33. When the owner of an aircraft is not domiciled in Niger, or when the aircraft has forei~n nationality, any creditor shall have t.he 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 PAGENO="0490" 1892 AIR LAWS AND TREATIES OF THE WORLD 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 an aircraft whose owner is domiciled abroad, 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 126 of this Code, and particularly the chief of the landing service 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 deter- mine the. amount of damage caused, but also, in the case of a viola- tion, the amount of fines and costs. Art. 35. The persons specified in Articles 83 and 84 shall have the right to attach any Nigerian or foreign aircraft. which does not coin- ply with the conditions for air navigation provided for in this Book or whose. pilot has committed a violation. TITLE II. FLIGHT OF AIRCRAFT CHAPTER I. THE RIGHT OF FLIGHT Ji't. t~6. Aircraft may fly freely above Nigerian territory provided they observe the rules concerning air navigation and flight. However, a.ircraft. of foreign nationality may fly above Nigerian territory only when they have been granted such riglìt by an international or dip- lomatic agreement or when they have been granted an authorization which must be special and temporary. Ait. 37. Fse. of airciaft oil ilianeuvering 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 in the airspace under the control of the agency or agencies of the civil aviation services in the territory of the Republic of Niger. Outside the airspace as defined above they shall apply to aircraft which bear Nigerian 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 or 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 tiiereo~. Art. 39. Flight over certain areas or, in exceptional circumstances, the entire Nigerian territory may be prohibited by decree for reasons of a military nature or of public safety. The location and extent of prohibited areas must be specifically indicated in the decree. Any aircraft committing a violation must land at the first request lni(ier the conditions specified in the decree. ~! if. 40. ~\ ircraft may not. be flown in a negligent or careless manner wInch may endanger the safety of persons or property on the ground. ~\.erial (lives and acrobatics liv civil aircraft must be executed in com- pliance with the rules issued in this regard. if. 41. Maneuvers of aircraft in public shows may take place only with authorization from the chief of the respective department on notification from the competent aeronautical authority. PAGENO="0491" AIR LAWS AND TREATIES OF THE WORLD 1893 When a test consists of a flight including successive landings, author- ization shall be granted by the Ministry of the Interior on notification from the Minister in charge of civil aviation. CHAPTER II. LAXI)ING Ait. 42. Except iii case of foi'ce Thu /cO,e 01 the cases piov~del for iii the following paragraph, aircraft. may oiilv land on, and take off from properly established airdromes. A decree, issued on the report of the Minister in charge of civil aviation an(l of the Minister of the Interior, shall define the conditions nuder which cei'tam types of aircraft may land or take off at. place other than airdromes, with the agreement of the person who is en- I jt]e(l to the jand or water area used. Ilowever. such agreement shall not be require(i in the case of aid and salvage ol)erat ions in which aircraft are used. Jit. 43. Tn case of handing or settin down on water on private property, the persoli entitled to the land or water area may not pre- vent, departure or removal of the aircraft when no attachment has issued exlept as provided in Article 34. Jnt. 44. Aircraft which make an international flight must land on (UstoinS airports. They may have to follow a specific air route to cross the border. Ilowever, because of the nature of their operation, certain cate- t~onies of aircraft may be exempted by administrative authorization issued on request by the Minister in charge of civil aviation, from land- ii ig on clistolils airports in such case, the authorization shall designate he airdrome of arrival and (lepartlire and, if required, the air route to e followed and the signals to be given at crossing the border. C1IAT'TER HI. REGULATION OF FLIGhT OF AII1CRAFT Jit. 43. Any person who belongs to the flight, personnel of all air- craft must have one or more valid aptitude licenses, correspondng to his duties and issued uwler conditions specified by decree. I it. 4G. An aircra ~t may make a. flight only when it has an airworthi- hess certificate issued after inspection of the aircraft i~muler conditions e'nm~iied by decree, or when it has a. flight. permit by way of excep- I ion. I >ecrees shall further determine the marks which must be affixed to a na~1'ci'a ft and the operational rules, pai'1'iculai~ the (locmuilents which must be carried aboard and the techiiical operatin~ conditions of air- craft. I )ecrees shall also determine the operational rules applicable to for- ehrn aircraft. 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 hmn(ler conditions specified by a de- ci"( issu~il omi the report of the Minister in charge of civil aviation and of the Minister of Finance. This diecree shall specify, in pai'ticnlar, the rates of the costs to be reimbursed to the Treasury, when the inspection is made by officials of time State. PAGENO="0492" 1S94 AIfi LAWS AND TEEATIES OF THE WORLD Ait. 4~. Wjthout 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 transportation of dangerous SU1)Staflces. cultures of microbes, and small infected or dangerous animals shall be deter- mined by decree. Ai~t. 48. No equipment for radio telegraph or radio telephone in- tended for the mobile aeronautical comnimmic.ations service. may be in- stalled or userl aboard an aircraft without special authorization: the same shall apply to equipment for radio navigation or electromagnetic detection. Aircraft for public passenger transport must be. equipped with radio communication apparatus necessary for flight safety umider conditions determined by regulation. In all 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. A~f. 49. Any aircraft landing on an airdrome or on private property shall be subject to the control amid supervision of the administrative ant hon t.ies. A it. 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. A~t. *51. Aircraft flying exclusively over airdromes and areas a.p- ~ro~1 by the administrative authorities as training areas. shall not he subject to the provisions of Articles 4~ to 52, pi'ovicied such flights do not constitute a public show. However, they may not. transport pan~engers unless time have a certificate of airworthiness. Alt. .52. Airworthiness certificates, aptitude. l)atelits and licenses issued or validated by the State whose nationality the aircraft has; shall be recognized as valid for flight above Nigerian territory when reciproc~tv exists 11110ev an international convention or a decree. TITLE III. DAMAGES. LIABILITY AND Loss OF AIIICIIAFT I it. .53. During di gilt pilots must comply with the rules provided for in Title II of this Book aiicl must. take all piecautiolis necessary to avoid damages. Ait. .54. In the case of damages caused by an aircraft in flight, to another aircraft ill flight, the liability of the pilot and of the operator of time aircraft shall he regulated by tile rovisions of the Civil Code. Ait. .55. The operator of an aircraft shall he fully liable for clam- age caused to ft rO rsons on the grOl.lIld by the flight of aircraft, or by eisons or art jeles falling therefrom. Such liability may be reduced or avoided only by proof of the lieg- ligence of tile ~njurecl person. A it. 5(1. Except with a special authorization, it shall be proh~bited, other than in cases of foice ina/e~Iic. to throw from an aircraft in flight any goods or articles whatever. with the exception of regulation ballast. PAGENO="0493" AIR LAWS AND TREATIES OF THE WORLD 1S95 In case of jettisoning by rea~-on of /~iic or jettisoning of regulation ballast or of specially authorized jettisoning which causes damages to persons and prop~ty on the ~zround, the liability shall be determined in accordance with the provisions of the precedmg a rticle. Art. .~. In the case. of charter of iin aircraft, the owner and the operator shall be jointly liable to third pelsons for iiiiv damages. However, when the charter has been recorded in the register, the owner shall only be liable when the third pei~on proves negligence on his part. Art. .58. An action for liability shall be bro~ilit in the court of tile place where the damage was caused or in the court at the domicile of the defendant, at the choice of the plaintiff. In the case of damage caused to an aircraft in flight, the court at the place where the damaged aircraft had to land after the injury shall have jurisdiction. Art. .5f~. Any person who finds a wrecked aircraft )llu~t notify the nearest administrative authority within forty-eight lionis after tile discovery. Art. 60. In the case of disappearance of an aircraft without news, the aircraft shall be presumed lost three iiioiitiis after the date when the last news was sent. Art. 61. After expiration of the period provided for in Article GO above, the death of the persons abroad the aircraft may be declared by judgment in accordanc.e with tile provisioii~ of tiie Civil Code. If necessary, tile Minister in charge of civil aviation lilay declare that there is a presumption of disappearance and lie may send to the court of jurisdiction the requests necessary for a judicial declaration of the death of the persons who have disappeared. Interested persons may also proceed. in accordance with the provi- sions 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 in charge of civil aviation. Art. 62. The maner of application of the preceding articles shall be determined by decree. TITLE I\. ACCII)ENTS Art. 63. The flight commander shall submit a detailed report within forty-eight hours after an accident or other event which may have serious consequences, whiethe.r it occurs on the ground. or in flight, or concerning any violation of flight rules. Art. 64. The Minister in charge of civil aviation shall institute all investigations and inquiries in order to determine and state the causes of accidents or other events. He may appolnt a commission of investigation wiio~e membership. functioning, and jurisdiction shall be. deterni~ned by ieeulation. A it. 6.5. When the comnussioli Ot jflVesI ie~a~ iufl jJ1u\ided for in the preceding article finds ueghigeiic.e in l)erfornian(e of a professional duty, a. copy of the file shall be sent directly to the. dise.iphinary board of the Civil Aviation Board provided for in Article 14 below. PAGENO="0494" 1896 AIR LAWS AND TREATIES OF THE WORLD TITLE \`. CRIMINAL PROVISIONS Ait. 66. Any persoii shall be punished by a fine of from 60,000 to 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 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 cer- tificate of flight permit. by way of exception has ceased t.o be valid; 4) causes or permits to fly any aircraft under conditions other than those specified in the airworthiness certificate and related dociunent.s or the the flight pei~nit 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 permn shall i)e 1)uflishied by a fine of from 60,000 to 1,200.000 Frs. and by imprisonment of from six days t.o six months, or by only one of these penalties, who: 1) flies, or participates in flying an aircraft without valid docu- ments required by the regulations: 2) destroys or removes a flight log or any other flight document required by air regulations, or makes in such log or any other document inaccurate notations. 3) flies or participates in flying an aircraft under the conditions specified in Article 66; 4) violates Article 42. Art. 68. The 1)emlahties provided for in Article 66 sliitll be dollI)le(l when the violations specified in paragraphs 1), 3) ancl4) of Article 6(3, and paragraph 1) of Article 61 have been committed after denial or withdrawal of the registration certificate, the airworthiness certificate, or the flight permit by way of exception, or the licenses required for crew members under the regulations. Ait. 69. There shall be punished by a fine of from 12,000 to 200.000 Fr~. and by imprison nient of from six clays to one. month, or by only one of these penalities 1) any person who is found aboard an aircraft in flight without being able to justify his presence by a proper t.icket or by permis- sion 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 (hoes 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 clays 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 registra- tion certificate, or who removes or causes to be removed, or renders or causes to be rendered illegible 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 the provisions of Article 41 by any per- son shall be punished by the penalties provided for in Article 66. PAGENO="0495" AIR LAWS AND TREATIES OF THE WORLD 1897 There shall be. punished by the penalties provided 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- graphic or motion picture equipment above prohibited areas. A i~t. 73. An~- person who has been sentenced for a violation of any 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. Ai~t. 74. There shall be punished by a fine of from 12,000 to 60,- 000 Frs. and, according to the circunistan(es, also by imprisonment of from ((lays to one month: 1) any flight comniander who does not keel) or cause to be kept any of the flight docuineiits 1equire(l by Article 46 (second pai~i- graph) and any crew member specially ordered to keep them: 2 ) any owner or charterer iecordecl in the register who omits to preserve any of the flight documents for 3 years from the last entry; 3) any peisoiu who violates Article 40 4) any person who violates the regulations concerning teclmi- cal operating conditin:is of airciatt 15: ned Ill application of Ar- ticle 46. In case of repetition, there shall always be imprisonment. There shall be (leellied rel)etit ion \vhlen, diirin~ ti ie plede(l iii~ year, a judg- ment has been rendered a~a inst the violator for one of these violations. Ai~t. . Any l)~son who violates Article 41, or decrees issued in application thereof, shall be puiiislied by a fine of from 30,000 to 200.000 Frs. and, according to t]ìe circumstances, also [by imprison- in cii t, * I Alt. 7(1. A prohibition to fly, or to participate in flying an air- craft. may be imposed by jud~meiit OI oidiiiauce for a period of from 3 months to 3 years. against a crew member sentenced under Articles 1~, T0,andTl. \Vhen a ciew- member is sentenced for the secon(l time for the same violation within the period provi(led for in Article. ~3, the prohibition to fi, or to participate in flying an aircraft shah 1 he iniposed and the duration thereof shall he for the maximum period and hay l)e doubled. The pateiits, licenses, anti certificates held by the violators shall l~e deposited for the whole duration of the prohibition with the clerk of the court winch imposed the p1'Ohil)itiOfl. The persons sentenced must (leposit such patents. licenses, and certifi- cates 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 (3 days to 1 month iniprisoitnient and a fine of from 6,000 to 120.000 Frs., without. thereby affecting the. penalties under Article 6~' in the case that they fly or I)aiticipate iii flying an ai iriaft during the period of prohibition and such penalties cannot l)e ~n1 er- in in ~l ed. A~t. 77. In accordance. with Article 56 of this Code any unaui- thorized jettisoning of articles from an aircraft iii flight shall be punished by a fine of from 60,000 to 360,000 Frs. and by imprisonment *_Mjs~in! iii original French. PAGENO="0496" 1S9S AIR LAWS AND TREATIES OF THE WORLD of from 6 days to ~ mouths, or by only one of these penalties, even if such jettisouing causes no damage, and without thereby affecting more severe penalties, which may be imposed in case of other viola- tions. Art. 78. Any flight commander of an aircraft who, in the imowl- edge 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 incurred, shall be punished by the penalties provided for by the law in cases of the offense of leav- ing 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. A it. 80. All provi~ions 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 rule. All unauthorized unloading and dropping of goods other than those 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, 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 ad- mitt ance or bonding ~errnits or 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 t.he value of the goods. A it. 82. Article `TO shall not. be applicable to violations specified by the customs laws. A it. 8~. Violation of the provisions of this Book and of the regula- tions issued for its application shall be prosecuted independently by the officers of the judicial police, by the officials of the technical bureau of the Civil Aviation Board, by military personnel and by agents of the civil or military authorities appointed for such purpose, and by the gendarmes and customs agents. Art. 84. The State. attorney, the. investigating courts, the justices of the peace. the police officers at the office of the State attorney desig- riated by the. Code of Criminal Investigation, the officials of the tech- nical bureau of the Civil Aviation Board, military officers, and agents of the civil or military authorities appointed for such purpose, and the geuidarmes and customs agents shall have the right to seize explosives, weapons and ammunition, carrier pigeons, photographic equipment, photographic negatives and mail, as well as all radio telegraph and telephone equipment which ma be on board without. the special au- thorization provided for in Articles 4T and 48. These authorities may seize carrier pigeons, photographic equip- ment and negatives which may be aboard any aircraft authorized to transport such articles in case such aircraft. flies over prohibited areas. Confiscation of articles and equipment. lawfully seized shall be de- creed by the court. Art. 8-'~. Any aircraft whose airworthiness certificate and registra- t.ion certificate cannot be produced or whose registration marks do not PAGENO="0497" AIR LAWS AND TREATIES OF THE WORLD 1899 agree with those oii 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 charterer recorded by the authorities in charge of enforcement of this Code until the identity of the owner can be established. Art. 8~. The file stating the violations of this Code and t.he decrees provided for therein, shall be transmitted without delay to the State attorney. BOOK II. AIRDROMES TImE I. AIRDROME REGrLATION CHAPTER 1. 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 aircraft, including the related installations which may be present for the needs of traffic and service of aircraft.. Art. 88. An airdrome shall be 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 st.ate. the conditions of establishment, and use of airdromes whether or not they are open to public air traffic. Art. 90. The opening of an airdrome t.o public air traffic shall be pronounced by ordinance of the Minister in charge of civil aviation after a technical 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 it. may be temporarily closed if flight conditions on the airdrome or in the adjoining air- space or rea.sons of public order justify such action. Such decisions shall be the subject of notices to air navigators. Art. 92. Airdromes for public air traffic 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 sul)ject t.o the technical and administrative control of the ~t.ate. Art. 94. Contracts granted by the State for the construction, main- tenance, and operation of airdromes owned by it, shall be subject to flue following conditions: The cost. accounts 1 of the contracts shall be approved by decree issued on the report of the Minister in charge of civil aviation and of the Minister of Finance. Contracts which do not involve a cost account shall be awarded by interministerial ordinance. Art. 95. The establishment, of an airdrome for public air traffic that does not belong to the State. shall be. made subject to the conclusion of an agreement between the Minister in charge. of civil aviation and the public or private natural or legal l)eI~011 wile e5t~'Il)lisiIes the airport.; such agreement must be approved by the. ~\[inister who supervises the public organization or establishment, concerned. It shall also be sub- ject t.o approval by the Minister of Finance if it involves financial obligations to the State. 1 For tlii~ term see Art. SC of the French Code of Civil and Commercial Aviation. 39-73i----~&i--Vo1. II- 32 PAGENO="0498" 1900 AIR LAWS A~D TREATIES OF THE WORLD A if. 96. For reasons of national defense a decree may prescribe that the ~tate. temporarily or Perillanently replaces the operator of an a ircirome. ChAPTER II. CLASSIFICATION ~l if. 97. Airdromes for public air traffic shall he subject to a classi- fication established by taking account of the character and the impor- tance 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. I if. [18. The technical and administrative conditions of the classi- heat mu provided for fl the preceding article, the cate~()ries into which ii idronie~ a ic livi(le(l. the 1)1o('eduI~e preced~ng the classification and the (`fleets of tile ciassificat ion shall be cletermmed by decree. issued on the. report of tiìe Minister in ilar2e of civil aviation, on the advice of the Mjnjster of .Tu$ice. of the Minister of Finance, of the Minister of tile I nt erior. and of tile Minister of National I)efense. A ii. PP. The, classification of airdromes shall be declared by decree issued Oil the report of tile Miuiister in charge of civil aviation, on the adviee of the Minister of Finance, of the Minister of tile Interior, and of other Ministers concerned. CHAPTER III. FEES I if. 10(1. Oii all itirdronies open ~ public air traffic, the services I('lldeled to users and 11) tl~e public shall give rise to a renumeration in the form of fees levied for the benefit. of tile person rendering the service, and particularly for the following operations Landing of aircraft; Use of devices of aid to aerial navigation: Use of aeronautical telecommunications facilities; Parking and hangar space for aircraft Lse of installations equipped for the reception of passengers and goods )ccupation of land and buildings: Use of various installations and workshops. Aif. 101. The fees and niethod of levy of such fees shall l)e deter- mined by special regulation. -I if. !dJ. The fees shall become dine, on use of the facilities, installa- jOhls, inulclings, and workshops, for which they constitute the pay- ment , and ti~ev must be commensurate with the service.s rendered. In case of rion-pavnient of fees due from the operator of an aircraft., the operator of the ajrdrome shall be. entitled to request tile authority responsible. for air traffic on the airport. that the aircraft be held until deposit. has been made of the amount in dispute. Timr II. AERONAUTICAL RESTRICTIONS Alt. .7 03. In order to ensure the. safety of navigat.ion of aircraft., special restrictions called "aeronautical restrictions" are imposed. Such restrictions include 1. Aeronautical restrictions for the purpose of clearance in- cluding the prohibition to create, or the obligation to remove, mv obstacles tha.t may constitute. a danger to air traffic or impair PAGENO="0499" AIR LAWS AND TREATIES OF THE WORLD 1901 the functioning of safety devices established in the interest of air traffic; 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 to support the installation of such devices. Ai~t. 104. The provision of this rritle shall be applicable: a) To airdromes intended for public air traffic or established by the State; b) to airdromes not intended for public air traflic and estab- lished by a national or legal person other than the State; c) to installations of aid to air navigation, or aeronautical tele- communications, but the provisions concerning restrictions estab- lished in the interest of radio-electric transmissi~n and reception shall apply; d) to certain locations which constitute J)referred reference points for air navigation. Ai~t. 10.5. The restrictions provided for in Article l0~ shall ensure to air navigation conditions of safety at least equivalent to those resulting from the standards and re(olnmendal ions of the Interna- tional Civil Aviatioii Organization, m accordance with annex 14 of the Convention on International Civil Aviation of I)ecen~bei ~, 1914. Art. 106. The Minister in charge~ of civil aviation or, for airdromes or air routes concerning him, the Minister of National i)efense, may prescribe day and night markings or markings for (toy or for night time for all obstacles which he considers d~inge i ns~oa~ r ii av igat (01. 1-le may further order the installation of visual i radio-electric devices of aid to air navigation. He may also order the removal or modi1ic~it ion of an visual (1ev ice which is such as to create confusion with visual aids to air navigation. Art. 101. In order to install he markings mentioned in ~rticle 11)6, the administration shall have the rnilit to build supports, to pass. to cut or trim trees, and well as the iight to install devices on outside walls and roofs. These rights may be exercised b priv(lte 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, clue to their height, may constitute obstacles to air navigation, shall be subject to special authorization b the Minister in charge of civil aviation or, insofar as it concerns his, the Minister of National Defense. Ministerial ordinances shall determine the installations sul )ject to authorization. Art. 109. When, for reasons of the requirements of air traffic, the competent authority decides on the expansion or establishment of air- dromes or installations intended to ensure the safety of air navigation, the necessary land, if not already reserved for that purpose in a build- ing plan unde.r consideration or approved, may be declared reserved by regulations after a public investigation in the form prescribed by the I)rovisions applicable to expropriation. Art. 110. Regulations shall prescribe the methods of application of this Title. PAGENO="0500" 1902 AIR LAWS AND TREATIES OF THE WORLD TITLE III. CRI~rIxAL PRovIsIoNs Art. 111. Any person who remains or enters on any land prohibited by the general regulations a.nd ordinances or airdromes affected with a public service, or who permits cattle, or carriage, pack, or ridin ammals to remain thereon, shall be subject to the penalties provide for this matter ~i the Criminal Code and, in addition, may be deprived of any right to damages in the case of accident. The provisions of Articles 83 and 86 shall be applicable to this article. Art. 112. Violations of the provisions concerning aeronautical clear- ance and marking restrictions established in the interest of air naviga- tion shall be puiiished 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 and by imprisonment of from ten days to three months, or by only one of these penalties. A~t. 113. (in request of the Public Ministry, acting on the request of the Ministry concerned, the court that has cognizance of the case shall, under penalty of from 1.000 to 10,000 francs for each day of delay, impose on the persons who violate these provisions a time limit to remove or modify the structures sub ject 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 remedie(l. 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 Ministry acting under the same conditions, collect one or several times the amount of the penalty, even exceeding the maximum provided above. The court may decree return of part of the penalties when the mat- ter has been remedied a.nd the person liable shows that he had been prvented by circumstances beyond his control to observe the time limit imposed. In addition, when at the expiration of the time limit set in the judgment the matter has not been remedied, the adminis- tration 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 Trea surv. BOOK III. AIR TRANSPORTATION ~4;f~7e 114. Air transporat ion means the transportation by aircraft of passengers. mail and goods from one point to another. TITLE I. TRANSPORTATION CONTRACT CHAPTER I. TRANSPORTATION OF GOODS A!t. JJ:~. The rules of the Commercial Code concerning transporta- tion on the ground and by water shall apply to transportation by air, except as provided in the following articles. Alt. 116. Contracts for air transportation of goods shall be gov- erned by the provisions of the Warsaw Convention of October 12, PAGENO="0501" AIR LAWS AND TREATIES OF THE WORLD 1903 19~9, or any convention or protocol modifying it and applicable in Niger, even if the transportation is not international in the sense of that convention. Art. JJ7* Liability of a carrier of ~oocls or baQ'gage shall be ~ov- erned, in tile case of transportation 1v air. Lv the j5i'ovisions 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 the. 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 injurel person shall also be relieved from the running of the statute of ii ni itat ions as provided for in thi I ~ law if he. has been pre- vented from presenting his claim by foice m.a1~'1'n~. Art. 119. An action for liabil~tv 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 has an office by which the contract was concluded, or before the, court of the place of destination. An action for liability must I)e brought. imder penalty of losing the right, within two years from the clay when the aircraft has arrived or should have arrived at t.he 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. Jettisonin~ of goods necessary for the welfare of the air- craft. shall not create 1iabil~tv on the part `of the carrier to the shipper and the addressee on account of such loss of the goods. cHAFrrn II. T1iAXSPORT~TIOX OF PER5ON~ Art. 12?. flontracts for transportation of passengers must. be made by delivery of a ticket.. The carrier mu1 submit to thìe competent authorities a traffic form or. in the absence thereof, a nasseIi~er luau' fest. However, this provision shell not he applicable to round trip trans- portation to the airdrome of departure without intermediate stop. Art 12.1. For international transportation, the operators shall take the precautions necessary to ensure that the passen~ers possess all documents required by the States for purposes of control. Art. 1~4. Liability of a carrier of persons shall be governed by the provisions of the Convention of Warsaw of October 12, 1929, as pro- vide.d for in Articles 117, 118 and 119 above. However, unless there are contrary provisions in the convention, a carrier who undertakes gratuitous transportation, shall not. he 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 a.ir c.arrier 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. PAGENO="0502" 1904 AIR LAWS AND TREATIES OF THE WORLD CIIAP'EER III. CHARTER AND RENTAL Art. 125. 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. 12G. The owner of an aircraft chartered to a. third person shall remain liable for the. legal obligations and shall be jointly liable with the charterer for any breach thereof. however, when the el~arter contract is recorded in the register and when the charterer fulfills the conditions required for ownership in a Nigerian aircraft, such charterer shall be solely liable as operator for nil legal obligations and shall be solely liable for any breach thereof. TITLE II. C~uuIIERs (:IJAPTEFI I. NIGERIAN CARRIERS Art. 127. No one shall engage in an air transportation on a corn- merciad basis and for payment unless he has been authorized by the Minister in charge of civil aviation. Art. 128. Carriers authorized under Article 12~ above, must submit. for prior approval of the Minister in charge of civil aviation: 1) Their general p1ai~s for the, purchase. and rental of flight. equipment: 2) Their plans of operation containing in particular an indica- tion of tile types of equipment normally used on each of the las- senger services listed in such pia~~s. The rates shall be submitted for approval to the Minister in charge of civil aviation. Transportation of a. maximum of six passengers by aircraft whose \veigilt is less than a maximum fixed by the Minister in charge of civil aviation shall not. be subject to the obligations specified in this article. A it. 129. Coordination between air transportation and transporta- tion on the ground shall be assured by the Ministers concerned after consultation of the ccmpetent organizations. J it. J.Jf). Air cai'r~ers shall be. subject. to the. technical control exer- cised by the Minister in charge of civil aviation in order to insure air safety. Exuenses incurred Lv such control shall be l)orfle by the carriers.. Art. Jr]1. Control of air carriers Lv the state shall be exercised Lv he M~nist er in chai'~u of ejvil aviat mu as regards technical operation md working conditions for ~he peisoi1iiel. commercial operation. and t(T1~iilnstrative regulation. Art. 1-]2. The. Minister in eliar~e of civil aviation may delegate (cr1 a in funet ions of control to a technical organization set up for this I )ufl)ose. j 1't. lJ;7. _\ ~~thoiized carriers must, on request by the. officials in (`ha i'~re of control. `c )`Th t tI 1cm tor in -peet ion all documents whjcb are i!eces~arv for the e\ciei~c of their fiuictioiis. Art. 1d4. The, conditions of application of Articles 128 and l;~O~ shall he fixed Lv regulations. PAGENO="0503" AIR LAWS AND TREATIES OF THE WORLD 1905 CHAPTER II. THE COMPANY "AIR AFRTQFE" Art. 13.5. The company "Air Afrique" established by the treaty of Yaound~ signed on March 28, 1961, shall be deemed to have Nigerian nationality. CHAPTER III. FOREIGN CARRIERS Art. 136. The establishment and operation of foreign scheduled air carriers coming from, or going to Niger. 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 Niger must be submitted to the~ competent aviation authorities under the conditions fixed by the latter. Art. 138. Commercial transportation of passe1~ers and goods be- tween two points in Niger shall be reserved to Nigerian carriers except for special and temporary exceptions. CHAPTER IV. PENALTIES Art. 139. When an air carrier violates the provision of Articles 128, 130, 13~, and 138. the Minister in charge of civil aviation may decree, for all or some of the activities undert aken, the suspension or with- drawal of the permits or authorizations granted. Art. 140. Any Nigerian or forci~in air carrier who, without author- ization or in violation of the conditions prescribed in the authorizations issued to him. undertakes in Niger any air transportation, shall be punishable by a fine. Such fine shall be imposed by any niient empowered to pursue viola- tions in air traffic matters, particularly by airdrome~ commanders, and shall be paid in cash to the qualified a~ents. particularly 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 25,000 frs per ton, for each transport. The weight considered shall be the maximum take-oil 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 authorities. BOOK IV. FLIGHT PERSON~L TITLE I. PATENTS, LICENSES, AND QUALIFICATIONS Art. 141. The titles designated "patents" denote general overall theoretical and practical knowledge. They are issued after an ex- amination and are permanently acquired by the titleholders. The title designated "licenses" denote an aptitude and the right, for titleholders of patents, to execute the corresponding functions subject 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 the various aptitudes required. PAGENO="0504" 1906 AIR LAWS AND TREATIES OF THE WORLD 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 Ni- gerian or foreign titles denoting knowledge at least. equal to that requjred 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 performance of functions corresponding to the dif- ferent licenses is subject to the titleholder's possession of special pro- fessional qualifications in view of the aircraft, the equipment, and the conditions of the flights contemplated. The definition of the special professional qualifications, the con- ditions to obtain and renew them, the plans and regulations for the respective examinations shall be fixed by regulations. TITLE II. THE AIRCRAFT COMMANDER AND THE CREW Art. 143. The crew shall consist of all the persons present aboard for the service of the aircraft in flight. They shall be subject to the orders of the aircraft commander. The 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. rn the case of death or disability of the aircraft commander, the command of the aircraft to the place of landing shall be exercised as a matter of law in the order set by such list. Art. 145. The aircraft commander shall be responsible for the ex- ecut ion of the mission and shall have authority over all persons aboard. He shaH 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 1)resent 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 or part of the cargo of merchandise or fuel, provided tie renders an account thereof to the operator. If any choice is pos- sible. he must. jettison goods of low value. Ait. 146. The aircraft commander shall be consignee of the air- craft. and shall be responsible for the loading. In the case of difficul- ties 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 ~ull 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: PAGENO="0505" AIR LAWS AND TREATIES OF THE WORLD 1907 TITLE III. DISCIPLINE Art. 147. A disciplinary board of the 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 the. flight personnel of the civil aviation found guilty of violations of this law, amendments thereto, and of regulations issued thereunder. Art. 148. The disciplinary board of the Civil Aviation Board shall be divided into two sections: Professional flight personnel; Private flight personnel. It shall be presided over by the Minister in charge of civil aviation. Membership, functioning, and jurisdiction of the disciplinary board shall be fixed by decree. Art. 149. I)isciplinary punishment under the jurisdiction of the disciplinary board are: Temporary withdrawal, with or without return of one or more licenses; Permanent withdrawal of one or more licenses. Art. 150. In case there is serious reason to presume that there is liability of the aircraft commander or a crew member, and while awaiting the conclusions of the disciplinary board, the. competent Minister may suspend the person concerned from his duties for a period not to exceed two months. If the person concerned is a member of the professional flight, per- sonnel, he shall receive his guaranteed minimum salary during the time of suspension. Art. 151. The person concerned may challenge the board members in the manner provided for in the Code of Civil Procedure in the case of judges. TITLE I'\. CRIMINAL PROVISIONS Art. 152. Any person who performs any of the duties requiring a patent, license and qualifications of the. professional flight personnel of civil aviation in violation of the proTisions of this Title, shall be l)ufliShed by a fine of from 40,000 to 240,000 frs., and by imprison- ment of from ten days to one month, or by only one of these penalties. Any employee of any 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="0506" PAGENO="0507" NIGERIA CHAPTER 331 CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS) (Fedei'ation) ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Interpretation. 3. Returns relating to births and deaths by owners of aircraft. 4. Records to be kept in the Department of Civil Aviation. ~. Transmission of copies of entries to Principal Registrar. d. Saving for father of illegitimate child. 7. Rectification of entries of births, deaths and missing J)ersons. An Ordinance to provide for tile registration of births 12 of 1950. and deaths in civil aircraft registered in Nigeria. [~7th Apr11, 1959] 1. This Ordinance may be cited as the Civil Aviation Short title. Births, Deaths and Missing Persons) Ordinance. 2. In this Ordinance Interpreta- "aircraft" includes all balloons, whether captive or tion. free, gliders, airships and flying machines; "journey is deemed to commenee~ when a traveller enters an aircraft registered in Nigeria for the pur- pose of the journey and to continue until that. travel- ler alights therefrom on completion of the journe, notwithstanding any intermediate stop or break in the journey; ~`missing persons" means PeI'~Ons with respect to whom there are~ reasonable grounds for believing that they have died in consequence of an accident~ occur- ring in or over Nigeria to an aircraft registered in Nigeria; "a person in command of an a iicraft" means, in a case where a person other than the~ pilot~ is iii com- mand of the aircraft, that pei~on. and in any other case, the Pilot: "traveller" in relation to an aircraft~ includes a member of the crew; "Director" means the Director of Civil Aviation; "priiicipal Registrar" means the Priiicipal Regis- Laws of the Federation of Nigeria and Lagos, 195S, Vol. I. 1909 PAGENO="0508" 1910 AIR LAWS AND TREATIES OF THE WORLD trar of Births and Deaths appointed b the Gov- ernor-General in exercise of the powers conferred on Cap. 23. him by section 4 of tile Births, Deaths and Burials 0 rdi Ha nc e. 3. 1') The owner of an aircraft registered in Nigeria shall as soon as practicable but not later than six months after the occurrence in or over Nigeria of a birth or death aircraft. in the aircraft, transmit to the. Director a return of such birth or death in the forms in accordance with the instruc- tions. anti contamuIg the particulars prescribed in Appendix A to this Ordinance (in the case of a birth) or Appei~i~ B to this Ordinance (in the case of a (leath) : Provided that if such particulars are not known to the owner of tile aircraft., he shall transmit as afore- said so mairv of such particulars as lie is reasonably able to ascertalli having regard to the circumstances of the birth or death. (~) To facilitate the rendering of returns in accord- ance with this Ordinance the person in command of an aircraft. registered in Nigeria. shall forthwith on the occurrence in or over Nigeria of a birth or death in the aircraft. record in the burley log book, or other appro- priate (lodunient relating to that. aircraft, the particulars of the birth or (leath mentioned in subsection (1) of thIs sect 1011 anti shall make such record available to the owner as soon as practicable: Provided that, if all such par- ticulars are not known to the person in command of an aircraft and cannot readily be ascertained llv him, he shall record and make available as aforesaid so many of such particulars as are readily ascertainable. (3) Where nv aircraft has been bona fide demised, let r hired out for a period exceeding fourteen days to any other person by the owner thereof, and rio pilot, com- mander navigator or operative, member of the crew of the aircraft is in the employment of the owner, the pro- visions of this section shall have effect as though for references to the owner there were substituted references to tile person to whom the aircraft. has been so demised, let, or hired out. 4. Tile Director shall keep in his Department: the Depart- (1) a separate record of births in the form in Appendix C to this Ordinance in which shall be Aviation, recorded the particulars transmitted to him of births occurring in or over Nigeria in aircraft regis- tered in Nigeria; a separate record of deaths in the form in Ap- pemIdix D to this Ordinance in which shall be re- cocded tiìe particulars transmitted to him of death o~'dur1~Il~ in or over Nigeria in aircraft registered in Nigeria : and 3. a separate record in the form in Appendix E to this Ordinance of persons reported to him as missing persons. PAGENO="0509" AIR LAWS AND TREATIES OF THE WORLD 1911 5. The Director shall within seven clays of the corn- pletion of an entry in any record kept in his Department copies of pursuant to the pi~ovisions of this Ordinance cause a cer- tified copy of such entry to be transmitted to the Princi- Registrar. pal Registrar. 6. In the case of the birth of an illegitimate child, the ~S5~i~g0~or name of any per'son as father of such child shall not be Illegitimate entered iii any return or record of particulars of the birth child. of such child unless the mother of the child and the person acknowledging himself to be the father of the child shall have signed a completion form of return as informants. 7. (1) If the Director is satisfied that. there is an error ~fe~tiffi1ation or omission in any entry made in the record of births, of births. deaths or missing persons kept iii his Department, he ~ may, in accordance with evidence of the true facts relat- persons. ing to the entry, rectify it in such manner as may appear to him appropriate. (~) Within seven days after the correction of any en- try in his records in accordance with this section, the Di- rector shall cause a certified copy of such corrected entry to be transmitted to the Principal Registrar. APPENDIX A S. 3(1)~. Return of birth for the purposes of section 3 of the Civil Avi- ation (Birth, Deaths and Missing Persons) Ordinance. 1. Registration marking of aircraft 2. Date of birth (a) 3. Place of birth (b) 4. Sex (C) 5. Name (d) 6. Name, surname and nationality or country of father (e)____ 7. Maiden name and nationality or country of mother 8. Date and place of marriage of parents -: 9. Rank or occupation and address of father (or, in default, of mother) (e) 10. Name, description and address of informant (if any) (f)___: 11. Signature of informant(s) Signature and rank of persons completing the return Date NOTE S (ci Day a nil month in words year in flaure~. (b) Approximate position, e.g. 40 miles west of Kaduna". (C) "F~ny' or girl' as the case may he. (d) Full christian names of child. e Cli ri et ian names in full and foil owed by surname : su rim me to be written in block letters. If child is Illegitimate (see (8) :tb vs the particulars relating to the father must not re.'orded in the return unless at the joint request f the mother and of th" person acknowledging himself to be the father of the child, in which case such person shall, as well as the mother, stgn a completed form of return as informant. (f) The informant's full names, relationship (if any) to the child, and full postal address should be stated. Except in the circumstances mentioned at (ci above only one person (usually the mother or father) should act as informant. PAGENO="0510" 1912 A~ LAWS AND TREATIES OF THE WORLD APPENDIX B Return of death for the purposes of section 3 of the Civil Avi~~ ation Births, Deaths and Missing Persons) Ordinance. 1. Registration marking of aircraft ~. Date of death (a) - 3. Place of death (b) 4. Name and surname (C) ~. Sex (d) ii. Age (e)_ - 7. Rank or occupation (1) S. Nationality or country 9. Address or abode (g) 10. Cause of death 11. Name of certifying Medical Practitioner (if any) 12. Duration of illness 13. Place of burial 14. Signature. description and address of informant (it) 13. Date of registration 16. Signature and rank of person completing the form Date NoTES.--- (al Day and month In words, year in figures. (hi Actual position, if known. Otherwise approximate position, e.g. "40 miles west of Kaduna". (Cl Christian names In full, followed by surname. Surname to be written in block letters. 4) `Male" or "female". e To i.e recorded in complete years. or in months or days. W'onii'a and childreii. In the case of a married woman or a widow, the words "wife of" or "widow of" shall be entered, followed by the name, rank or occupation, and nationality of the husband. In the case of an unmarried woman, there shall be Inserted (i) the word `spinster", followed by her rank or occupation (If any 1, rank or title (if any), and her nationality, and (ii), the words "daughtei' of" followed by the name, profession, etc., of her father. In the case of children under the age of sixteen years the words "son of" or "daughter of" shall be followed by the name, profession, etc., of the father. (g) The full postal address should be stated. (h) The informant's full names, relationship (if any) to deceased, and full postal addi~ess should be stated. PAGENO="0511" Date of birth Place of birth Sex of child Name (If any) Name and nationality or country of father \Iaidennanme and national- ity or country of mother Itamik or Occupation and admlress of father (or, in ~ (lefaUlt, of mother) Name, description an(I ad- dress of informant i)ate ofregistration Signature of director Name if a(l(lecl after regis- tration of birth C!) t~1 SI U) C SI C SI No. Registration marking of aircraft PAGENO="0512" -4. C') ev C') C') Cl) H r'i (12 0 ~T1 H 0 No. Registration iiiarkiug of aircraft Date of death P112cc of death i~'tilI 11121110 Sex Age Rank or occupation ~ Nationality or country ~ Abode Cause of death Name of certifying medical practitioner (if any) Duration of Illness 1'lacc of burial Name, description and ad- dressofinformant ~ 1)ate of registration Signature of director PAGENO="0513" 19_ AIR LAWS AND TREATIES OF TUE WORLD 1915 APPENDIX E.-Persons missing and believed to have died in con~e- quence of accidents to aircraft registered in Nigeria 39-737-65-Vol. 11-33 PAGENO="0514" CHAPTER 82 AIR NAVIGATION (SAFETY OF NAVIGATION) (Fedei'ation) ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Interpretation. PART 1.-RESTRICTIONS ON LAND IN THE VICINITY OF AERODROMES 3. Declaration imposing restrictions on user of land. 4. Particulars required to be set out in the declaration. 5. Notice of declayation. 6. Entry on land. 7. Payment for damage. ~. No action to lie against Government. 9. Compensation. 10. Notice of claim. 11. Disputes as to compensation. 12. Decision in absence of parties. 13. Reports of damage. 14. Power to enter and do work. PART 11.-GENERAL 15. Penalty. j6~ General penalty. 17. Power to make rules. An Ordinance to ensure the safety of aircraft in flight by 241 a~d by imposing restrictions upon the use and enjoyment of land and upon the erection of buildings in the 6 and vicinity of aerodromes. 23 of 1954, [p3rd October, 1941] ~. 5 and 2nd Sd. L.N. 131 of 1954 47 of 1955. Short title 1. This Orclinariee may be cited as the Air Naviation ~ Safety of Navigation) Ordinance. Interpretation. 2. Definitions :- ~aerodrome" means any area of ground or water licensed under the provisions of the Colonial Air 108 of Navigation Order, 1955, or under the control of 195 . Goveimment or of Her Majesty's Air Force for the landing and departure of aircraft; "aircraft" means any type of air-supported vehicle, 2 Ibid. 1916 PAGENO="0515" AIR LAWS AND TREATIES OF THE WORLD 1917 whether mechanically propelled or not, and includes all types of aerodynes and aerostats; "T)irector" means the Director of Civil Aviation. PART I. REsTRIcTIoNs ON LAND IN THE VIcINITY OF AERODROMFS 3. (1) Whenever it appears to t.he Governor-General that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any aerodrorne, or of any site intended to be used for or to be acquired for use as an aerodrome, in order that such land may be cleared or kept clear of buildings or other obstructions likely to endanger aircraft, a declaration shall be made to that effect under t.he signature of the Director. (2) Such a declaration shall be conclusive evidence that it is necessary to impose restrictions upon the use of the land. 4. (1) Such declaration shall be published in the Gazette and shall describe the land affected and shall state the boundaries within which restrictions are to be imposed and shall- a) specify any existing building or buildings, timber, vegetation, or other obstructions which are to be removed either wholly or in part or to be altered; b) delineate those areas within which no build- ing or other obstruction may be erected, added to or altered, or within which no tree or other high-grow- ing vegetation may be planted except with the writ- ten approval of the Director and subject to such conditions as he may impose; (e) delineate those areas within which no build- ing, tree or other obstruction shall be permitted to exceed a specified maximum height; (d) specifly any other condition, not inconsistent with the provisions of this Ordinance, which shall be observed within the area or any part thereof. (2) Such declaration shall refer to a large scale plan deposited at. some convenient, place for the information of any person interested in any land affected thereb. 5. (1) Notice of the substance. of such declaration shall be given in the district in which the. land is situated in such manner as is customary for the promulgation of orders made by the native authority or local government council of that district under the provisions of the Native Authority Ordinance or the Eastern Region Local Gov- ernment. Ordinance. 1950, or the Western Region Local Government Law, 1952. or the. Native Authority Law, 1954, of the Northern Region. (2) A copY of the (le4I~laration shall be served upon the occupier~ or occupiers, if any, of the. land in question and on all persons known or believed to be interested therein. Declaration imposing restrictions on user of land. Particulars required to be set out in the declaration. Notice of declaration. 16 of 1950, S. 241 and 6th Sch. 14 of 1953, s. 6 and 2nd Sch. 23 of 1954, S. 5 and 2nd Seb. Cap. 140 of the 194S Edition. 1(i of 1950 WE. 1 of 1953 N.E. 4 of 1954.. PAGENO="0516" 1918 AIR LAWS AND TREATIES OF THE WORLD Entry on land. 6. (1) As soon as the declaration under section 3 has been published in the Gazette and a copy thereof served as provided in subsection (2) of section 5 any officer either generally or specially authorized by the Governor- General in his behalf, and his servants and workmen lila V- (a.) enter upon and survey and take levels of the land n question: and (b) do all other acts necessary for the. completion of such survey and for the purpose of marking out the boundaries of such land or any parts thereof. (2) No such officer or his servants shall enter into any building or upon any enclosed compound or garden at- taclied to a dwelling-house, unless with the consent of the occupier thereof, without previously giving such Occupier at. least. three days' notice of his intention to do so. Payment for 7. As soon a~ conveniently may be after any entry made under the last. preceding section the officer author- ised as aforesaid shall pay for all damage done in the course of his duties un(ler the said section, and in case of dispute as to the amount. to be i)aldl for such damage, he shall at oiice refer the dispute to a court of competent j urisdict.ion. ~o acthon to 8. Except as provided in this Ordinance no person r~etnt. shall be entitled to claim, and no action or proceeding shall be brought, against the Government. to recover any compensation in respect. of any lands or any interest therein which have been injuriously affected by the im- position of any restrictions and any other conditions specified in any declaration under section 3. Compensation. 9. There si~a1l be a right of compensation in respect of the removal of or alt~ration or (lamage to any building, or any crops, timber, or other property, or of any part thereof, and in respect of any land or interest therein which has been injuriously affected by any restrictions imposed under this Ordinance if it. can be shown that any such restrictions will result in pecunlarv loss. Notice of claim. 10. (1) Subject to tile provisions ~f this section no person shall be entitled to any compensation under this Ordinance unless he has given notice of his claim within two months from the date of the receipt of notice under section 5. (9) Such claims shall be submitted to the Minister, giving particulars of the damage claimed to be. caused, or likely to be caused, and showing as the case may require whether the claim is made, ill respect of a partial inter- ference with. or the entire loss of ally right or rights. (3) The period of two months prescribed by subsection (1) may be extended at the. discretion of the Governor- General if it can be shown that the claimant could not have known from the inspectioii of the plan referred to in the declaration that tile injurious effects complained of would be likely to occur. PAGENO="0517" AIR LAWS AND TREATIES OF THE WORLD 1919 11. If the person who may have lodged any claim in accordance with section 10 hereof and the Governor- satlon. General are unable to agree as to t.he amount of compeil- 1955. ~of sation to be paid for the damage caused or likely to be caused, or if such person has not given satisfactory evi- dence in support of his claim or if separate and conflicting claims are made in respect~ of damage caused or likely to be caused to the same land, buildings, crops or other prop- erty the amount of compensation due, if any, and every such case of disputed interest or title shall be settled by the High Court within whose area of jurisdiction the aerodrome in question is situate. and such court shall have jurisdiction to hear and determine in all cases mentioned in this section upon a summons t.aken out on behalf of the Governor-General or by any person holding or claiming any estate or interest in the property alleged to have been or likely to he. dama~ed. 12. Where any person upon whom a summons has been Decision In served shall not. appear at the time appointed, a decision ~ of may be given ex perle upon hearing the evidence ad- duceci: and such decision shall be as effectual as if given after hearing in the presence of such person. 13. (1) The written report of any officer of the Public Reports of Works, Mines, Land, Survey, Agriculture or Forestry ~W.a1~3e~ of Departments of the Government. of the Federation or of a 1954. Region or of the. Southern Cameroons as to the amount of damage. caused or likely to be caused to any lands, build- ings. crops or other property as the result of restrictions imposed under this Ordinance shall be evidence thereof *~vi thi out further proof. (2) Such officer may on giving three. days' notice in writing to the occupie.r enter upon any such lands or into any buildings thereon for the puIlose of ascertaining the value of such lands and the buildings, trees and crops thereon. 14. When restrictions as prescribed by this Ordinance Power to enter have been duly published, any officer either generally or and do work. specifically authorised by the Governor-General in this behalf and his servants and workmen may enter upon the land and do all such acts as may be necessary to enforce the said restrictions: Provided that this power shall not be exercised until after the owner or occupier of the land has been given a reasonable opportunity of complying with the restrictions and has omitted to do so unless the Governor-General certifies that its immediate exercise is necessary. PART II. GENERAL 15. Any person who wilfully obstructs any person in Penalty. doing any of the acts authorised or who ref uses to comply with the terms of any notice or order duly served or made under this Ordinance shall be liable to a fine of one hun- dred pounds or to imprisonment for a term of six months or to both such fine and imprisonment. PAGENO="0518" 1920 AJIl LAWS AXD TREATIES OF THE WORLD GPnef~al 16. Any person who coiitravenes or fails to comply p with any provision of this Orcliiiance for which no other penalty is provided shall be guilty of an offence and shall be liable to a fine of fifty pounds. 17. The Governor-General may make rules for the purposes of this Ordinance. C~'imhial Code ~ ~st~t!9 459A. Any person who, by any unlawful act, ob- 1954. struct.s, causes an alteration to be made in the course of or in any way whatsoever hinders or impedes the move- ment of any aircraft, w-hich is in motion on or in flight over any aerodrome, is guilty of a misdemeanour, and is liable to imprisonment for two years. Trespass on 459B. Any pel'soii who commits any nuisance or ~e0r~o~~e. trespasses in or upon any aerodrome or in or upon any building or premises situated on any aerodrome is guilty of a simple offence aiid is liable to imprisonment for three months or to a fine of twenty pounds. Immigration Declaration of 5. For the purposes of this Ordinance the Governor- ~ General may be order declare any aerodrome, airport or a~r~9rtsor air line to be a recognized aerodrome, airport or air line. Income Tax Business or 8. (1) Where a non-resident persons carries on a trade ~a?~car- or business of which only part of the operations are car- ~?gde~ilfl ned on iii Nigeria, the gains or profits of the trade or 16 of 1947. business shall be deemed to be derived from Nigeria, to the extent to which such gains or profits are not attrib- titable to that part of the operations carried on outside Nigeria. Profits of (~) Subject to the provisions of paragraph (i') of sub- ~ section (1) of section 9, where a non-resident person car- ries on either- (a) the business of shipowner or charterer, or (b) the business of air t.ransport, and any ship or aircraft owned or chartered by him calls at a port, aerodrome or airport in Nigeria, his full profits arising from the carriage of passengers, mails, livestock or goods shipped or loaded into an aircraft in Nigeria 25 of 1950. shall be deemed to accrue in Nigeria: Provided that this subsection shall not apply to passengers, mails, livestock or goods which are brought to Nigeria solely for t.ran- shipment or for transfer from one aircraft to another or in either direction between an aircraft and a ship. Profits of cable (3) Where a non-resident person carries on the busi- gs. ness of transmitting messages by cable or by any form of wireless apparatus his full profits arising from the trans- Laws of the Federation of Nigeria and Lagos, 195S, Vol. IL `Laws of the Federation of Nigeria and Lagos, 1958, Vol. III. 6 IbId. PAGENO="0519" AIR LAWS AND TREATIES OF THE WORLD 1921 mission of any such messages to places outside Nigeria shall be deemed to accrue in Nigeria. (4) The gains or profits from any employment exer- cised in ~\ 1geria shall be deemed to be derived Irom Ni- ments. geria whether the gains or profits from such employ- fluent are received in ~igeria or not. Income Tax 14. Where a non-resident person carries on the busi- ~ ness of air transport or the business of the transmission transport and cable under- of messages by cable or by any form of wireless appa- takings. rat.us lie shall be assessable to tax as if lie were a non- resident~ shipowner and the provisions of the preceding section shall apply, ni.utatis nwtandis, to the computation of the gains or profits of such business. Labour Code ~ PART 111.-AIRCRAFT AND MOTOR TRANSPORT 192. The Commissioner of Labor may, wit.h the ap- Regulations. proval of the Governor-General, make regulations gen- erally with regard to the conveyance and departure by air or overland of natives leaving Nigeria to serve as workers outside Nigeria and the arrival of native for- eigners for the same purpose and in particular and with- out prejudice to the generality of the foregoing for all or any of the following purposes :- (a) the duties and liabilities of the owners, agents and persouis in charge of aircraft or motor or other vehicles; (5) the appointment of officers for the purposes of carrying out the provisions of these regulations and their powers and duties; (c) the checking and examination of natives ar- riving or departing in and from Nigeria for the pur- pose of serving as workers outside Nigeria; (d) the production of certificates or permits is- sued under the provisions of section 100 or 61 of this Ordinance or by Ghana or by any British Colony or Protectorate in `West Africa; and (e) the recovery of any expenses incurred by the Government in repatriating any native. PART IV.-~fISCELLANEOTJS 193. In this Part the term "owner" in respect of a ship includes every person acting as agent for the owner or to receive freight or other charges in respect of the ship. Definition. 6 IbId. ~ Ibid. PAGENO="0520" 1922 AIR LAWS AND TREATIES OF THE WORLD L.N.flof1959 CUSTOMS AND EXCISE MANAGEMENT ORDINANCE, 1958 (No. 55 of 1958) Importation and Exportation by Air Regulation, 1959 8 Coin.mencem~ent: 1st April, 1959 In exercise of the powers conferred by subsection (4) of section 24, subsection (1) of section 34 and subsection (1) of section 53 of the Customs and Excise Management Ordinance., 1958, the Governor-General, after consulta- tion with the Council of Ministers, has made the follow- ing regulations- Citation and 1. These regulations may be cited as the importation ~o~aence- and Exportation by Air Regulations, 1959 and shall come into operation on 1st April, 1959. PART I. ARRIVAL IN NIGERIA 2. (1) Upon the arrival in Nigeria of an aircraft, the commander thereof shall- (a) immediately take the aircraft or cause it to be taken to the examination station at the customs air- port at which the aircraft has arrived; (b) forthwith deliver to the proper officer- (i)the documents constituting the clearance outwards of the aircraft from the airport which it last left and, if required by the officer, the journey log book or document in lieu thereof belonging to the aircraft; (ii) a report in duplicate in such form as the Board may direct; (iii) a manifest in duplicate in such form as the Board may direct of the goods on board the aircraft; (ic) a passenger manifest in such form as the Board may direct containing the names of all passengers carried in the aircraft and their places of embarkation and destination; and (~) a list in duplicate in such form as the Board may direct of the stores on board the air- craft; (e) cause all passengers carried in the aircraft to leave the aircraft with their baggage for examina- tion, and produce to the proper officer and, subject to the provisions of regulation 3 of these regulations, unload all goods in the aircraft., except such pas- sengers and goods as are to be carried on to another customs airport or to a destination outside Nigeria and are permitted by such officer to be so carried on without compliance with the requirements aforesaid; 8 Laws of Nigeria 1959-I~gis1ation. PAGENO="0521" AIR LAWS AND TREATIES OF THE WORLD 1923 Provided that if the commander through circumstances over which he has no control is prevented from taking or causing the aircraft to be taken to the examination station, he shall- (i) deliver forthwith to the proper officer the doe- iiments required by sub-paragraph (b) of this para- graph and (ii) remove all goods in the aircraft to the ex- amination station in the presence of the proper officer. (2) Every passenger in an aircraft shall comply with any directions given to him by the commander thereof for the purposes of paragraph (1) (c) of this regulation. (3) Any act required to be performed by the com- mander of an aircraft by virtue of sub-paragraph (b) or (c) the proviso to paragraph (1) of this regulation may, subject to such conditions as the Board sees fit., be carried out on his behalf by a responsible person authorised for the purpose by the owner of the aircraft. (4) In this regulation the expression "arrival in Nigeria" means arrival of an aircraft in Nigeria from outside it and includes arrival at. any customs airport to which passengers or goods from abroad have been per- mitted by the proper officer to be carried on in accordance with paragraph (1) (c) of this regulation. 3. The importer of any goods imported by air shall ted by not- air. (a) unload or permit the unloading of any such goods from the importing aircraft except during such hours as the Board may appoint for the purpose or without the authority o~ the proper officer or, ex- cept in accordance with the proviso to paragraph (1) of regulation 2 of these regulations, at any place other than an examination station; (b) remove or permit. the removal of any such goods from an examinat.ion station without the au- thority of the proper officer, except in accordance with any special permission granted by the Board and in compliance with any conditions attached to any such permission. 4. (1) No person shall remove any imported goods, ~em~~~of other than baggage, from any examination station (ex- goids. cept to a cust.oms area) or from a customs area until due entry of the goods has been made. (2) No person shall remove any goods from a customs area without the authority of the proper officer. PART II-DEPARTLJRE BY AIR 5. (1) No goods shall be loaded on an aircraft about t.o Goods and depart from a customs airport on a flight, to an eventual ~ destination outside Nigeria except at the examination sta- Nigeria. tion and with the authority of the proper officer. (2) No passenger shall embark on any aircraft about to depart as aforesaid nor shall the commander or any PAGENO="0522" 1924 AIR LAWS AND TREATIES OF THE WORLD other person permit any passenger so to embark except at the examination station. MADE at Lagos this 26th day of March, 1959. EXPLANATORY NOTE These regulations replace in part. the Third Schedule to the Colonial Air Navigation Order, 1955, as amended by the Colonial Act Navigation (Amendment) Order, 1956, and are dependent upon the revocation of that Schedule so far as it applies to Nigeria. Certain basic provisions of that Schedule are re-enacted in the body of the Ordinance, but matters of detail are left to be con- trolled by directions which the Board is empowered by the Ordinance to give. The. regulations require that on arrival in Nigeria. an aircraft. shall be taken to the examination station at the customs airport for report and the unloading of the pas- sengers and goods carried thereon. If the aircraft is pre- vented from proceeding to the examination station a slightly different procedure is laid down. The consent of the customs officer is required before goods may be loaded on to an aircraft about to depart from a customs airport and such loading must be done at the examination station. The embarkation of passengers is also required t.o take place. at the examination station. The regulations do not entail any change of law or practice. The Colonial Air Navigation (Amendment) (No. 2) Order, 1958 Her Majesty, in pursuance of the powers conferred upon Her by the Civil Aviation Act., 1949(a), and the Colonial Civil Aviation (Application of Act) Order, 1952(b), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order and it is hereby ordered, as follows :- ~~tion 1.-(1) Thrs Order may be cited as the Colonial Air and corn- Navigation (Amendment) (No. 2) Order 1958 and shall mencement. . . . 2- be construed as one with the Colonial Air ~avigation Orders, 1955 to 1957(c) and the Colonial Air Navigation (Amendment.) Order, 1958(d). (2) Article 1 of the Colonial Air Navigation (Amend- ment) Order, 1958, is hereby amended by the deletion of paragraph (2). (3) The Colonial Air Navigation Orders, 1955 to 1957, the Coloiiial Air Navigation (Amendment) Order, 1958, and this Order may be cited together as the Colonial Air Navigation Orders, 1955 to 1958. (4) This Order shall come into operation on the first day of March, 1959. (Supplement to Official Gazette No. 24, Vol. 46, 16th April, 1959, Part 13). PAGENO="0523" AIR LAWS AND TREATIES OF THE WORLD 1925 2. Schedule III to the Colonial Air Navigation Order, ~ of 1955 (e) , is hereby amended as follows. Air Navi~ation (a) for sub-paragraph (1) (b) of paragraph 3 Order, I9j~. there is substituted the. following "(b) make report by delivering to the proper officer :- (i) tile documents constituting the clear- ance outwards of the aircraft from the air- port which it last. left. and, if so required by the officer, ally document. relating to the aircra.ft or to goods or passengers carried therein, (ii) a general declaration in duplicate in an approved form, (iii) a manifest. in duplicate in an ap- proved form of tile goods on board the air- craft, (iv) if required by tile officer, a pa~sen- ge.r mallifest in an approved form contain- mg the names of all passengers carried in the aircraft and their places of e.mbarka- t.ion and destination, and (v) a list in duplicate in an approved form of the stores on board the aircraft;" (b) for sub-paragraph (2) of paragraph 5 there is substituted the following subpara- graph :- (a) 12, 13 & 14 Geo. 6, p. 67. (b) S 1, 1952/868 (1951 1, p. 565). (c) S 1, 1955/711, 1956 (615, 1957/99, 1957/ 1741 (1955 1, p. 351; 1956 1 1957 1, p. 386). (d) S.1. 1958/88. (e) S.l. 1955/711 (1955 1. "(2) Before any aircraft shall depart for a place abroad from a. Customs airport the Commander shall take tile aircraft to the exaifliilatiofl station at that air- port, or cause it to be so taken, and shall deliver to the proper officer t I ie foil owing documents- (a) a general declaration in duplicate in an ap- proved form, (b) a manifest in duplicate in an approved form of the goods on board the aircraft, (c) if required by tile officer, a passenger fllafli- fest in an approved form containing tile names of all passengers carried in the aircraft and their places of embarkation and destination, and (d) a list in duplicate in an approved form of the stores laden and of stores remaining on board the aircraft, and the said documents, when signed by the said officer, shall, for the purposes of the. enactments relating to Cus- tonls, be the clearance and authority for the aircraft to proceed from that airport." (c) for sub-paragraph (4) of paragraph 5 there is substitut.ed the following subpa.rgraph :- (4) If an aircraft in the course of a flight to a place abroad lands at a Customs airport, the Com- PAGENO="0524" 1926 AIR LAWS AND TREATIES OF THE WORLD mander shall, before the aircraft leaves that airport, deliver to the proper officer- (a) the clearance and authority for the air- craft to proceed from the Customs airport which it last left, (b) a manifest in duplicate in an approved form declaring what goods have been laden on board the aircraft at the airport at which it has so landed, (c) if required by the officer, a passenger man- ifest in an approved form containing the names of all passengers embarking iii the aircraft at that airport. and their plafles of destination, and (d) a list, in duplicate in an approved form of the stores laden on board the aircraft at the airport at. which it has so landed, and the said manifest and list of stores when signed by the said officer, together with the said clearance and au- thority when counte.rsigned by him, shall, for the pur- poses of the enactments relating to Customs, be the clear- ance and authority for the aircraft to proceed from the airport. at which it has so landed." (d) for sub-paragraph (1) (a) (1) of paragraph 7 there is sabstituted the following:- "(i) shall immediately report the landing to an officer, or to an officer of police, and if so required, produce to him any document relating to t.he aircraft or to goods or passengers carried therein," EXPLANATORY Noi~ (This Note is not part o/the Order, but is intended to indicate its general ~ni.rport.) This Order makes a nuniber of small amendments to Schedule III to the Colonial Air Navigation Order, 1955, relating to the production of documents to Colonial Customs officers at airports, and also enables those officers, in their discretion, to dispense with the existing require- ment. for the production of certain documents in the proc- ess of customs control. The Order it amends was pub- lished in Nigeria as Legal Notice No. 34 of 1958. PAGENO="0525" NORWAY ROYAL DECREE OF DECEMBER 8, 1961 1 Pursuant to Artic]e 233 of the Law on Aviation of December 16, 1960 be it resolved that the Law shall be effective from January 1, 1962 with the exception of Chapters IX and XV and Article `234, number 52 Norway According to the Resolution of the King of July 5. 1963, Nor,s1~ Lovtk/end. No. 25, 1963. Chapter IX of the Law of Aviation of December 16, 1960, has been effective from August 1, 1963. LAw ON AVIATION OF DECEMBER 16, 1960, No. 1 ~ INTRODtCTORY PROVISIONS Art. 1. Within the Realm aviation may take place only in ac- cordance with this law and the regulations enacted on the basis of this law. Art. ~. This law shall apply to aviation by Norwegian aircraft outside Norwegian territory, unless other wise provided for by this law, and provided the pI~ovisions of this law are compatible with the foreign law which applies pursuant to an agreement with the foreign cotrnt.ry or with general principles of law. The provisions of chapter IX shall apply to flights by foreign air- craft outside Norwegian territory to the extent required by an agree.- ment with the foreign country or by general principles of law. In the aplicat.ion of criminal provisions for crimes committed out- side the Norwegian Realm, the provisions of Chapter 1 of the Criminal Code shall apply; see Article 211, paragraph 2, of the present law. PART I. (`IVIL AVIATION CHAPTER 1. GENERAL PROVISIONS Art. 3. The terms "aviation" and "aircraft" in Part I of this law shall refer to civil aviation and civil aircraft. Art. 4. Aviation within Norwegian territory may only be under- taken by aircraft- a.) of Norwegian nationality; or 1 PublIshed In Nor8k Lovtidend (Law Gazette) of December 28, 1961, No. 39, page 98O~ For preliminary note see Denmark. supra. 2 ~ the resolution are attached other provisions on application of tlic Aviation Law. According to these, the register of Norwegian Aircraft shall be kept by the Chief of the Legal Division of the Aviation Directorate of the Communications Department. His decisions may be appealed before the Department of Justice and Police. As the `aviation authority" operate the Aviation Directorate of the Communication Department. The Communications Department Is the highest authority in cases of civil aviation and is a1s~ authorized to issue regulations In the name of the King, as provided for In the law. ~ Published In Norsk Lovtidend of December 31, 1960, No. 38, 1927 PAGENO="0526" 1928 AIR LAWS AND TREATIES OF THE WORLD b' of foreign nationality, if a treaty has been concluded be- tween the foreign country and Norway granting such rights; or c) which have a special license froni the aviation authority. The license mentioned under (c) above may be granted under such conditions as in each particular case may be considered iiecessary for flight safety or for other reasons of public, interest. This license may be revoked at any time. Ait. ~. The King may restrict or prohibit aviation in certain areas for military considerations or for reasons of public, safety. i~ it is required for reasons of public safet.y or other extraordinary circumstances. the King may temporarily restrict or prohibit aviation through the Realm. CHAFFER II. REGISTRATION. NATIONALITY. MARKINGS AND RIGhTS IN AIRCRAFT A. Re ti~cton of Ah'cia.ft Ait. 6. The register of Norwegian aircraft shall be kept by an official appointed by the King. The register must contain special parts for aircraft which shall be registered in accordance with Articles 16 and i;-. Appeals from the decisions of the registrar shall be treated in ac- cordance with the provisions on appeals from decisions of judges of record in matters of real property. Art. 7. Aircraft may be registered only if they are of Norwegian ownership. Norwegian owners shall be: a. The Norwegian State and institutions which are managed by the State; b. Norwegian municipalities; c. Norwegian nationals; d. Foundations which are entirely under Norwegian manage- ment with the main office in Norway; e. Associations or similar organizations which are entirely under Norwegian management with the main office in Norway, provided at least two thirds of the members are Norwegian na- tionals or persons considered equal to them in accordance with this article: f. Joint stock companies which are entirely under Norwegian management with the main office in Norway provided the stock- holders of Norwegian nationality or those considered equal to them in accordance. with this Article own stock of at least two thirds of the share. capital. an(l. at the general meeting of the cor- poration. have at least two thirds of the entire number of votes. g. Other organizations all the members of which are Nor- wegian nationals or persons considered equal to Norwegian na- tionals in accordance with this article. When there are special reasons, the King may permit registration of an aircraft even if the owner does not fulfil the conditions provided for in the first, paragraph. Ait. 8. ~n aircr~ift which is registered in a foreign country may not be registered in this country prior to cancellation of the foreiQli re~i~tration. An aircraft on which rights are registered which, ac- cording to an agreement with a foreign eouutry are recognized in this PAGENO="0527" AIR LAWS AXD TREATIES OF TI-IE WORLD 1929 country, may not be registered in this country unless the holders of the rights have 1)een compensated or agree with the registration; or the rights are extinguished by a judicial sale. An aircraft registered in the register of military aviation (Articles 216-~2l7) may not be registered under the provisions of the present chapter unless the registration in the military register is cancelled. Art. 9. No aircraft shall be registered unless it has a certificate of airworthiness granted or approved by the aviation authority. Art. 10. The registration shall be made upon written application by the owner. The application shall contain all data necessary for the registration and proof that the applicant is the owner and that the conditions laid down in Articles 7-9 are fulfilled must be at- tached to the application. If the right, of ownership of the applicant is subject to conditions or restrictions which might result in the trans- fer of the right of ownership to another, this fact. must be stated in the application. If the applicant offers evidence that he is the owner but is not able to submit. adequate proof of the acquisition of the aircraft, the regis- trar, upon his application, may notify all possible. owners to reveal their identity within a fixed period, which he not less than two months. If nobody, so reports, the registrar ma reognize the apl)l icant as the owner. Art. 11. If the registrar approves the application, he. shall register the aircraft. and supply it with a registration marking. In the register there shall be entered: a. the nationality and registrat.ion marking of the aircraft; b. data necessary for identification of the aircraft.: c. data concerning the owner and the acquisition of the aircraft by him, and any conditions or restrictions mentioned in Article 1O~ paragraph 1, number 3; d. a notice concerning the airworthiness certificate; e. the elate of registration; f. other data in accordance with the regulations issued by the King. Art. 1~. If there oc.cur, after the regist.ration, changes in the owner- ship of the aircraft or in the nationality of the owner, of if t.he aircraft has undergone changes of significance for it.s identification, the owner shall report t.o the registrar without. delay, submitting all necessary data and pieces of evidence. In relation to changes in ownership the same dut.y shall be incumbent on the former owner. If t.he registrar approves the report he shall e.nter the changes in the register, or strike the entry or make a not.ation in accordance with the provisions of Articles 13 and 14. Art. 13. An aircraft shall be stricken from the register: a. on request. of the person entered in the register as owner: b. when the conditions provided for in Article 7 are no longer applicable and the King refuses to permit that the aircraft may, nevertheless, remain on the register; c. when the aircraft is dismantled or completely destroy~; d. when the aircraft is lost. An aircraft shall be considered lost. when three. months have. passed after launching on its last flight and no information is available that the aircraft is still intact. PAGENO="0528" 1930 AIR LAWS AND TREATIES OF THE WORLD The owner must inform the registrar concerning events mentioned in b to ci. if this has not been done in accordance with Article 12. If the aircraft has not had a valid airworthiness certificate during a period of three years. it may be stricken from the register if the owner falls to submit a certificate within the time limit fixed by the aviation authority. Ait. 14. If the aircraft is subject to a mortgage and the mortgage is ent erecT in the register, the. aircraft may not be stricken from the register without the consent of the mortgagee. In this case a noth~tion shall be made in the register concerning the circu.mstances which could result in cancellation of the registration. This notation shall not affect the mortgage but, in other respects, shall have the same effect as a can- cell ation. .! i~t. 1.5. If the aircraft is sold on instalments with a reservation of property rights, the registrar must be informed of the contract with- out delay. The seller and the purchaser shall be equally responsible to submit appropriate information. Art. 16. If a person who fulfills the conditions of Article 7 owns an aircraft in a foreign country and applies for registration of such air- craft in Norway, the aircraft may be temporarily entered in a special Part of the register in accordance with the regulations issued by the King. The provisions of Article 8, paragraph 1, shall apply accordingly. Ait. 17. Upon the application of the owner, an aircraft which is under construction in this country may be temporarily entered in a special part of the register, if the construction has progressed to the extent that the aircraft ma.y be identified and the owner fulfills the conditions of Article 7. Ai~t. 18. If an aircraft is temporarily entered in the register accord- ing to Articles 16 or 17, the provisions of Articles 12 to 15 and 24 to 34, insofar as pertinent, shall apply. If the aircraft is later permanently registered it shall be stricken from the special part, and any obligations entered therein shall be tra.nsf erred to the register. B. Nationality of Aircraft Art. 19. If an aircraft is registered in accordance with Article 11, it shall have Norwegian nationality. The registrar shall grant nationality and registration certificates for aircraft. A it. 20. If an aircraft is stricken from the register or if a notation has been made in the register according to Article 14, the owner, or if the aircraft is transferred to an owner in a foreign country, the former owner shall return the nationality and registration certificate to the registrar without delay. If changes are made in the register on factors entered in the certificate, the owner shall return the certificate to the registrar without delay for entry of the changes in the certificate or for replacement by a new one. Art. 21. When an aircraft is registered temporarily in accordance with the provisions of Article 16, it shall be granted temporary na- tiorialitv and registration certificates as provided for by the regulations issued by the King. An aircraft shall have Norwegian nationality as long as there is a ~1id eertifiei~te. The provisions of Article 20 shall apply accordingly. PAGENO="0529" AIR LAWS AND TREATIES OF THE WORLD 1931 Art. 22. A Norwegian aircraft operated in accordance with this law shall have Norwegian nationality and registration certificates accord- ing to the provisions of this chapter. For flights within Norwegian territory foreign aircraft shall have nationality and registration certificates or corresponding documents granted by a foreign country which has a treaty with Norway estab- lishing a right to make such flights. The regulations issued by the King shall apply to aircraft licensed in accordance with Article 4(c). C. Marlcings of Aircraft Art. 23. An aircraft entered in the Norwegian register, in accordance with Articles 11 or 16, must bear Norwegian nationality and registra- tions markings. The aircraft shall bear these markings as long as it is registered therein. Aircraft, whose home port is in a foreign country which has a treaty with Norway granting a right to make flights within Norwegian ter- ritory, must. on such flights bear markings in accordance with the law of the home country of the aircraft. An aircraft provided with a. special license in accordance with Arti- cle 4, (c), shall bear markings in accordance with the regulations issued by the King. D. Rig/its in Aircraft 1. Recording of Rights Art. 24. The transfer of property rights in registered aircraft., and the establishment or transfer of other rights in aircraft shall be sub- ject to the recordation of the document on which the rights are based to the same extent as is provided for public recordation of real property. Art. 25. TJnless otherwise provided in this law, the provisions on procedure of the Law on Public Recordation of June 7, 1935, Chapter 2. insofar as they concern real property, shall apply accordingly to such re.cordation. Art. 26. Unless otherwise provided for by law, only documents on acquisition, change, transfer, mortgage, acknowledgment or extinction of rights on registered aircraft may be noted in the register. Art. 27. The provisions of Articles 13, 14, 16 to 32 a) and 35 to 37 of the law on public recordation shall apply accordingly unless other- wise provided for in the present law. The period of limitation mentioned in Article 28. paragraph 1, and Article 32 a), paragraph 2, of the Law on Public Recordation shall be 10 years for a. mortgage on a registered aircraft. Art. 28. A person who, according to the register, has property rights in an aircraft shall have the same rights to the. engines, propellers, radio equipment., instruments and other equipment. which is part of the aircraft unless the register shows that another person has prop- erty rights thereto. Art. 29. A property right which includes an aircraft wit Ii engines and other equipment mentioned in Article 28 shall not lapse if such equipment is temporarily removed from the aircraft.. Art. 30. The provisions on public records in the Law on Bankruptcy of June 6, 1883, Articles 46 and 47, shall apply accordingly to a regis- tration under this law. 39~-137-U5-VoI. II---34 PAGENO="0530" 1932 AIR LAWS AND TREATIES OF THE WORLD J~t. 31. If. at the time of registration, the aircraft is sub~ect to a mortgage or other oh] igat ions contracted in this country which, accord- ing to their substance, must be entered in the register under Article ~4, such ol.)l1~at bus shall have priorIty if the (lodument is submitted to the reg!strar within a peiiod of three mouths after the registration of the aircraft. If the aircraft is teinporaiilv registered in accordance with Articles 16 or fi. the time limitation shall be determined from the date of such re~istration. If the obligation is entered in the public record, the recording judge may cancel the entry when the document. is registered or the time I mutation. according to paragraph 1. has expired. Art. J2. The mortgage on a registered aircraft may also embrace spare parts which are stored at the time in question in fixed places in this country. which belong to the owner of the aircraft and if the type and ~~pproximate number of each are mentioned in the. mortgage document. The sanie shall apply to storage in a foreign country if the foreign countri- hmis adhered to the Convention on the International l~ecognition of Ilights in Aircraft.. Each storage shall have a poster with information regarding the mortgage and the name and address of the mortgagee. As spare parts shall be considered parts of a.n aircraft., including engines, propellers. radio equlpment and other items which are in storage for replacement of pa1~ts of the aircraft or accessories which must be renewed. The holding in trust of such spare pa.rts will not lapse if the spare parts are removed from storage and the pe.rson acquiring them imew or should have known that the removal was unlawful as to the mortgagee. The provisions of this article shall be applied accordingly to the reservation of property rights of the seller of the registered aircraft with spare parts. Art. 33. If an aircraft is transferred to the Norwegian register from a foreign register. the registered obligations shall be transferred to the Norwegian register if these obligations are recognized in Norway by a treaty with the foreign country. Other foreign obligations may be regist.ered wit.h the agreement of the owner and with such priority rights as accorded by Articles 20 et seg. of the Law on Public Recorda.tion. Any rights which may not. be legally established according to Nor- wegian law may not be entered in the register. Art. 34. If it has been made evident that the property right t.o a registered aircraft. is transferred to a. person other than that entered in the register. and the new owner is unable to submit adequate proof as provided in Articles 13 and 14 of the Law on Public Recordation, then the provisions of Article 10, paragraph 2, of this law shall apply accordingly. 2. Recognition of Rig/its in Fore~'gn Aircraft According to the Convention of June 19, 1948 Art. 3.5. The provisions of this section shall apply to foreign aircraft w-hich are entered in the. national re~ister of a. State which has ratified, or adhered to the Convention of June 19. 1948 on the International Recognition of Rights in Aircraft. The provisions of Article 40 shall also apply to Norwegian aircraft.. PAGENO="0531" AIR LAWS AND TREATIES OF THE WORLD 1933 Each territory for which the Contracting State has ratified or adhere to the Convention shall be considered equal to a Contracting State insofar as the territory keeps a special national register of aircraft \vitIlin the territory. The home country of an aircraft shall be the State or territory where it is enteiecl in a national register. Ait. -~C. The following rights in aircraft shall be recognized in this country insofar as they are. legally e~tablislied in accordance with the law of the contracting State where the aircraft was registered at the ti1lie of establishment of such rights and have been entered in a public re~orcl in the home country 1. ~ rights, ~. rights of the possessor to acquire aircraft by purchase, 3. right to use the aircraft under lease for at least six months, 4. mor~gagesaiicl other rights which are contractually created and secure the paymeiit of a pecuniary claim of, or not exceeding, a fixed amount.. Rights other than legally established mortgages for claims accord- ing to Article 40 of this law may not be recognized or established in this country with a priority over such rights as mentioned in 1 to 4. Engines and other accessories of aircraft mentioned in Article 28 shall also be included even if they are temporarily separated from the aircraft. Art. 37. Mutual priority of rights and their effect as to third parties shall be determined in accordance with the law of the cont.racting State where the rights are recorded. If a right is later transferred to the register of another contracting State, the validity of the registration shall be determined in accord- ance~ with the law of the home country of the aircraft at the time of the recording. Art. 38. The priority of mortgages and other rights mentioned in Article 36, number 4, shall extend to all the amounts for security of which the right is established. A priorit~ for interest shall not. be recognized if three years have passed from the date when the right, of enforcement arose. A i't. 3.9. If a. recorded right, recognized according to Article 36 secures the payment of a~ pecuniary claim, and in accordance with the law of the. home. country of the aircraft also includes the spare parts of the aircraft, the right in spare parts stored in Norway at the time of the establishment- shall be recognized, insofar as the establishing document. stipulates the storage place, and shows the type and approxi- mate number of spare parts either in its text. or on an attached list. Each storage I)lice must~ have a notice with information regarding the rights recorded and the name and address of the. title holder. The provisions of Article 3~, paragraphs ~ and 3 shall apply accordingly. Ait. 40. ~If a claim for salvage money, or compensation for extraor- d~narv expenses necessary for the preservation of an aircraft which wa.s wrecked or in an emergency is secured by a~ mortgage on the air~ craft in accor(laflee with the law of a contracting State where the work was accomplished, the mortgage and right, of prioi'ity over other rights in the. aircraft shall l)e. recognized in the Realm. If there are many such claims recorded, those claims which are based on the last event shall have priority over those based on earlier events. PAGENO="0532" 1934 AIR LAWS A~~D TREATIES OF THE WORLD A mortgage shall not be recognized if, after the expiration of three months, it was not recorded on the register of rights on aircraft~ or the amount was not. approved or a claim under the mortgage has not been initiated. The law of the State where the cause of action arose shall determine the cluestion whether the time limit has expired. Art. 41. In case of attachment. or sale under an execution, of an air- craft or of any right therein, and if the defendant with knowledge of these proceedings transfers or establishes a right under Article 36, the transfer a.nd established right will not be recognized to the damage of the plaintiff or purchaser. Art. 42. The provisions of this section shall not prevent the per- formance of seizure, detention or of other procedures which are being or will be enacted to ensure the observance of laws on import and export. immigration, or on aviation. ChAPTER III. AIRWORTHINESS Art. 43. Aircraft used pursuant to this law must be airworthy. An aircraft may not. be considered airworthy unless it is so designed, equipped, and maintained, and has flying qualities consistent with the standards of safety. Jpf. 44. The aviation authority shall carry out the inspection of aircraft and ensure that aircraft pursuant to this law are airworthy. The aviatioii authority may perform the inspection and supervision through Norwegian or foreign experts appointed by it, or through foreh~n a~encies. Ai~f. 4ô If, by inspection or otherwise, the airworthiness of an air- craft is established, a certificate of airworthiness shall be granted by the aviation authority. The certificate may be granted for a specified period and may be limited for flights of a ~rtain nature or in certain areas. The King may determine that the certificate or a special document which must. accompany the certificate, must contain specific instructions on the use of the aircraft which instructions must be observed in order to have the aircraft. considered airworthy. The certificate may be renewed upon the application of the owner if the aircraft is considered airworthy at the time of renewal. The aviation authority may delegate the renewal of the certificate to experts or agencies as stated in Article 44, second paragraph. Art. 46. A Norwegian aircraft used pursuant to this law must be provided with an airworthiness certificate granted or approved by the aviation authority. For flights in Norway a foreign aircraft. must be provided with the certificate specified in paragraph 1, or an airworthiness certificate gra.nted or approved by a foreign State which has an agreement with Norway for such certificates to be recognized in Norway. The provisions of paragraphs 1 and 2 shall not prevent, the aviation authority from granting an aircraft a special license. This license may he revoked at any time. Art. 47. If not. provided otherwise by the aviation authority the Norwegian airworthiness certificate shall not be effective in the fol- lowing cases: a) if the aircraft has not. been inspected according to regula~ t.ions; PAGENO="0533" AIR LAWS A~D TREATIES OF THE WORLD 1935 b) if the aircraft or its equipment has been altered, and the alteration may affect its airworthiness, c) if the aircraft or its equipment has sustained damage which evidently affects its airworthiness. The aviation authority may declare the certificate invalid if such facts have occurred which by tIle judgment of the authority affect the a i r\vorthiness of t lie airera ft.. In the cases mentioned in (c) the invalidity shall last until the damages are repaired in observance of the regulations issued by the King. In general the invalidity shall last until the aircraft is con- siclered airworthy. If a certificate is declared invalid, the aviation authority may require its return. ut. 48. The provisions of Articles 4~ and 4T on the granting, re- newal and invalidating of certificates shall apply accordingly to the approval of foreign certificates by the aviation authority. A,~t. 4D. The owner or user of an aircraft which is used for aviation pursuant to this law shall be responsible for its airworthiness and the availability of a valid certificate of airworthiness. Pursuant to the regulations issued by the King, the owner or user must notify the aviation authority as soon as possible of all circum- stances which might affect airworthiness. The owner or user must submit to the aviation authority information necessary in the per- forniance of an inspection for airworthiness. Art. 50. The aviation authority may require access to each aircraft which is used pursuant to this law, and has the right to investigate the aircraft and its equipment insofar as it is necessary in the per- formance of its responsibility for inspection and supervision of avia- tion. In this respect the aviation authority may require that the owner or user and the crew give the necessary cooperation. Upon the request of the authority the aircraft must be prepared for inspection, the cargo unloaded, and tests in flight and such other tests as required will be made. The inspection etc. according to this article shall be carried out without causing disadvantages to traffic or creating other inconveniences. The provisions of the first paragraph with respect to the aviation authority shall apply accordingly to Norwegian and foreign experts and foreign agencies who perform the inspection and supervision of aircraft pursuant to the provisions of Article 44, paragraph 2. Art. 51. In order to test the qualities of an aircraft, or for other special reasons, the aviation authority may, in observing the regula- tions issued by the King, make exceptions from the provisions of this chapter. Art. 52. The King may stipulate that the construction of an air- craft and the manufacture of accessories and spare parts, as well as maintenance, repair, and the alteration of aircraft, accessories and spare parts, may be performed only by persons approved for such employment or by approved enterprises. CHAPTER IV. THE CREW Art. 53. Any aircraft used for aviation pursuant to this law must be adequately manned. PAGENO="0534" 1936 AIR LAWS AND TREATIES OF THE WORLD The King will issue detailed regulations on crews. The owner or user of an aircraft shall be responsible for the ade- quat.e manning of an aircraft. Art. 54. The aviation authority shall supervise the observance of t lie regulations on manning. rflie authority may authorize Norwegi all or foreign experts appointed by it or a foreign agency to perform this supervision. A]'t. 55. A person who performs service on an aircraft must meet the requirements issued by the King regarding nationality, age, p11~Ts_ ical and mental standards, including those of morals, sobriety, train- ing, l)ractice, etc. ~ 56. A certificate for service on an aircraft as aircraft com- mander or in any other capacity determined by the King shall be granted by the aviation authority to persons who fulfill the require- inents as established for the type of service. The certificate may be limited to specified types of aircraft, to a specified type of flights, or to flights in specified areas. The certificate shall be granted for a specified period. On the re- quest of the holder it may be renewed for another ieriocl provided the holder of the certificate at the time of the renewal satisfies the con- ditioiis required for the performance of the type of service mentioned in the certificate. i't 57. A person serving on au aircraft in a position mentioned in Article 56 must have a. certificate granted or approved by the avia- tion authority or granted or a.pproved by a foreign country which has an agreement with Norway by which such certificate is recognized in Norw-ay. A person serving on a Norwegian aircraft in international aviation must be provided with a certificate granted or approved by the a.via- tion authority. The aviation authority may refuse to approve a certificate granted to a Norwegian citizen by a foreign country for flights within Nor- wegian territory. The aviation authority may grant a special license for the perform- ance of service on an aircraft regardless of the provisions contained in the first paragraph. This license may be revoked at any time. Art .58. The aviation authority may revoke a Norwegian certificate for a definite period, or until further notice, or for the remainder of a period of validity, if the. holder in or outside of the service is guilty of major offense.s against the rules of the. respective service, or if lie otherwise fails to meet the. requirements of performance in the service for which the certificate was granted. The certificate shall be revoked for a pe.riod of at least. one year if the holder is convicted of operating an airc.raft while under the influ- ence of alcohol or narcotics. The same shall apply to the violation of the provisions of the second paragraph of Article Ti. If there has been a previous conviction on the same grounds within the past five years the certificate shall be permanently revoked. If the aviation authority finds that tl~e.re are fa~ whl(hI are ~roiinds for the revocation of a. certificate, it. may suspend the certificate until the case has been decided. If a police investigation is instituted against the holder, the police may suspend the certificate temporarily PAGENO="0535" AIR LAWS AND TREATIES OF THE WORLD 1937 without any action by the aviation authority, but not for a period longer than three weeks. If a decision on the revocation of a certificate is appealed, the prose- cution authority may shorten or extend the period of revocation. If a certificate is revoked in accordance with the provisions of paragraph 2, and there are extenuating circumstances which deem the period of revocation unreasonable, the prosecuting authority may reduce the period of revocation. If the certificate is revoked or suspended, it shall be returned to the aviation authority. Art. 59. The provisions of Articles 56 and 58 on the granting, re- newal or revocation of a certificate, shall apply accordingly to the approval of a foreign certificate by the aviation authority. Art. 60. A person who has a certificate granted or approved by the aviation authority shall inform the authority as SOOfl as possible on circumstances which might be essential to the question whether the holder of the certificate still fulfills the requirements for service. If a physician determines that the person's health makes it unwarrantable for him to continue the service on an aircraft, the p1~sician shall warn him and advise the proper authority as a matter of law in accordance with the regulations issued by the King. The holder of a certificate is at ny time subject to such investigation and examination as the aviation authority deems necessary. Art. 61. The aviation authority may permit an aircraft to be used for training purposes, or if there are other special reasons, even if it is not manned pursuant to the provisions of this Chapter. ChAPTER V. AIRCRAFT COMMANDER AND FLIGHT PERSONNEL Art. 62. There shall be an aircraft commander on Norwegian air- craft used pursuant to this law. The commander shall be the highest authority aboard the aircraft.. A rt. 63. The commander shall see that. the aircraft is airworthy and adequately equipped, manned and loaded and that a flight is prepared and carried out in accordance with the regulations in effect. The plovisions of Article 49, paragraph 2, on notification of cir- eumstances which might affect the airworthiness and submission of information necessary for performance of inspection shall apply to the aircraft commander. He shall be required to inform the aviation authority, in accordance with the regulations issued by the King, of circumstances of importance concerning the qualifications of flight. personnel. Art. 64. The. aircraft, crew, passengers and cargo shall be subject to supervision by the commander. If he deems it necessary the commander may temporarily assign members of the crew to duties other than their normal responsibilities. To maintain order and decorum abroad an aircraft the passengers must follow the directions of the commander. If t.he circumstances require it the commander may refuse to take aboard or he may remove from the aircraft members of the crew, paS- sengers and goods. Art. 65. For maintenance of order and safety aboard an aircraft the commander, if need be, may use force to the extent deemed neces- sary according to the circumstances. PAGENO="0536" 1938 AIR LAWS A~D TREATIES OF THE WORLD If the aircraft is in danger or an emergency exists, the commander shall be entitled to use all means which are deemed necessary for the restoration of order and safety aboard the aircraft.. Each member of the crew shall assist the commander even without any order. In the use of force or emergency procedures provided by this Article no other responsibil itv than that. which follows from the general pro- visions of law shall apply. Art. 66. If a serious crime is committed aboard an aircraft the com- mander shall, as far as possible, take necessary measures for clearing up the case if the postponement of such measures would be detrimental. The aircraft comiiiander shall exercise due diligence in preventing ihe escape of the offender. The aircraft commander may, if necessary, take the. offender into custody until he can be handed over to the police in ~ orwa or to a competent authority in a foreign country. The. aircraft commander may also take. into custody items of evidence which are considered essential for clearing up the case until such evidence can be handed over to the police or authority mentioned in paragraph 2. Art. 67. The aircraft commander shall see that the prescribed avia- t~oii &Jocuments are aboard and are duly kept. Art. 68. In case of emergency, it shall be the responsibility of the aircraft commander to take. all measures in his power for the safety of the. aircraft, and the persons and goods aboard. If the aircraft must be abandoned, the commander shall take such care as necessary to pieserve the aircraft documents. Art. 69. It shall be the responsibility of the aircraft. commander to inform the aviation authority and as soon as possible submit a report on those cases of air accident which result. in death, or grave injury to persons, to aircraft or property outside the aircraft. This shall also apply in the event if there was a serious threat to such accident or an essential defect. in the aircraft, ground iiistallations, or in their operation. If the aircraft commander is not in a position to submit this infor- mation or make such report, it must be submitted by the owner or user of the aircraft. The King may issue regulations on the limitation of responsibilities for the submission of this information or on the extension of these responsibilities to other members of the crew, or its submission to agencies other than the aviation authority. Art. 70. A person who serves on an aircraft must follow the orders of his superior, take care of the aircraft, persons, and goods aboard and, in general, conscientiously perform his duties. Art. 71. No person may perform service on an aircraft if he is under the influence of alcohol or narcotics or, because of illness, weak- ness or similar reasons, is in a condition that renders him unable to perform his responsibilities in a satisfactory way. If his blood has an alcohol concentration 0.4 per thousand or more, or such quantit.y of alcohol has been consumed that may result in such concentration, he may be considered to be in a state of intoxication pursuant to the provisions of this law. An error in the degree of the alcohol concen- tration shall not exempt him from punishment. A person who has operated an aircraft may not u~ alcohol or nary cotics during the first 6 hours after duty if he knows or should know PAGENO="0537" AIR LAWS AND TREATIES OF THE WORLD 1939 that a police investigation may be initiated as to his condition while he was on duty. This provision shall not apply when the blood analy- sis was taken by a physician on the request of the police, or when the police decided that the analysis shall not be taken. If there are reasons to assume that a person has violated the regu- lations of the first or second paragraph, the police may take him to a physician who may take a specimen of his blood. The competent au- thority shall issue regulations concerning an investigation by a physi- cian and other related problems. Art. 72. The King stipulate.s to what extent the provisions of this Chapter shall apply to foreign aircraft within Norwegian territory. CHAPTER VI. LANDING AREAS AND GROUND SERVICE A. General Pro z,i.sions Art. 73. Territory for landing and other aviation installations must conform to the safety and other requirements stipulated by the King. The King may stipulate under which conditions a territory may be used as a landing area without being planned for this purpose. The King issues regulations on the operation and maintenance of landing areas and other aviation installations service. Art. 74. The aviation authority supervises airports and other in- stallations and shall see that the provisions of this Chapter and regu- lations issued on the basis of this Chapter are observed. The author- ity may demand at any time access to places, installations and other property to the extent necessary for the performance. of the authority's responsibility. Art. 7.5. The King may determine air routes and other areas where aviation is subject to special regulations. Art. 26. For safety and rescue purposes a safety service shall be established. The King issues instructions on the activities of the safety services and stipulates to what extent these duties may be performed by other than government agencies. B. Con~ecs~on~ Art. 77. For the establishment, operation, or possession of a landing area for public use a concession granted by the King shall be required. No concession shall be needed for landing areas run by the State. The King may stipulate that a landing area may be operated and possessed without a concession taking into account the nature of the landing area, dimensions and duration of the traffic, or any other cir- cumsta nces. Art. 78. A consession may be granted only if it is compatible with the public interest. Prior to granting a concession the opinion of the municipality and other agencies concerned shall he requested. Art. 79. A concession shall he granted for a. specified period and shall be dependent on such conditions as may l)e deemed necessary. Art. 80. The State has the right of redemption for payment, in whole or in part, of the installations of the holder of concession with rights to movable accessories installed b the holder of the concession if the concession period has expired; the value shall be estimated ac- PAGENO="0538" 1940 AIR LAWS AND TREATIES OF THE WORLD cording to a procedure on evaluation (sJcjønnspvosees). The compen- sation shall be fixed according to expenditures for procurement of a new installation calculated at the replacement value at the time of redemption, with deductions for diminution in value by lapse of time, use, reduction of applicability and the like. For objects which no longer can be obtained, the market value shall be taken as a basis for compensation. The redemption may be carried out during the concession period with one year~s notice, if it is considered necessary in the general or public interest, for compensation according to the provisions on ex- l)rOpriat ion. Ji'f. 81. A concession may be revoked if in the exercising of the activities the conditions of the concession or provisions of law or regu- lations are essentially disregarded. A it. 82. The King may decide that for the establishment, opera- tion and possession of a landing area which is not in the public use, or for the. eStal)hishment, operation or possession of other aviation in- stallations, the license of the competent department is required. The iKin~ may issue appropriate regulations concerning such license. C. Appi'oi~a.7 Ait. 8.3. Landing areas which are open for public use must be approved by the aviation authority. For landing areas mentioned in Article. 13, second paragraph. an approval is not required unless the aviation authority decides otherwise. The King determines to what extent this a~)prova1 shall be required for landing areas which are not open for public use and for other aviation installations. The approval shall be subject to con(litions set up by the aviation au thor i tv. The aviation authority may revoke the approval if the installation does not. correspon(l to requirements in etlect for approval of such installations, or if the conditions established are essentially disregard- ed. The owner shall inform the aviation authority if circumstances occur which might make the installations unsuitable to the require- nients as soon as lie obtains knowledge of these circumstances. If the use of the installations is dangerous, the owner must, to the extent necessary, cease operation without. waiting for a decision of the avia- tion authority. D. Obstructioi~s to Aviation Art. 84. The competent department may determine that for a land- ing area for public use there shall be prepared and approved a plan showing the maximum height. and other restrictions in property right.s with reference to buildings, masts, wires, plants, disturbing activities arid other obstructions t.o aviat.ion, which are to be found on the area adjacent to the landing area. As to sea and ice air- ports a plan shall also include the port area. The plan shall indicate the border line of the area it comprises. The validity of the plan may be limited for a specified period. Art. 8.~. If the decision is made according to Article 84, the avia- tion authority will prepare a draft-plan. The. draft-plan shall be put. on public notice in a suitable place for inspection by persons interested. The place and time thereof PAGENO="0539" AIR LAWS AND TREATIES OF THE WORLD 1941 shall be announced in iVorsk Lys~ngsblaiI and in one or more other Impers. A notice shall be sent to property owners and other persons whose interests are presumed to be essentially involved in the case. The I)loperty owners and other interested persons shall be invited to submit possible objections within a specific period, which shall not he 1e~s than 4 weeks from the first announcement. IA objections are ~-ui;niitted to time draft-plan it shall be subject to revision by the aviation authority. If substantial changes are made in the course of the revision, the draft shall be republished for inspection as pro- vided for above. When this procedure is completed the aviation authority shall sub-. mit the draft to the competent department for confirmation. The aviation authority may require that the owner of the landing al-ca collect information and materials, and render such other as- sistance as miecessary for handling the matter. The department may impose on the owner the performance, in whole or in part, of actions for which the aviation authority is responsible in accordance with paragraphs 2 and 3. Irt. 86. The plan shall be published and announced in the same war as provided for in Article 85, paragraph 2, numbers 1-3. The department may determine that the plan shall be announced in an- other manner. A department may require that the plan be recorded in the Land Register for any properties on which restrictions on property rights are noted. If the evaluation is claimed according to Article 90 the recording shall be mandatory with respect to properties for which rem a uneration is claimed. Expenses for publishing a notice and recording shall be paid by the owner of the landing area. Ai~t. 87. The maximum height and other restrictions on property rights which are specified in the plan may not be exceeded without the consent of the department. This consent mar be given subject to conditions, such as altering or making the building with a special sign, etc. If the restrictions are disregarded without the consent of the de- partment, the aviation authority may set a deadline for adjustment. The aviation authority may act in the same manner if the conditions tinder which the consent was given pursuant to paragraph one were not observed. After the deadline expires, the necessary adjustments may be carried out under the direction of the aviation authority with the assistance of the proper local authority (`namsinyndighet) arid for the account of the person concerned. If the expenses of the State are not covered by him, the expenses shall be paid by the owner of the landing area. Art. 88. If, on the territory included by tile plan, there are ob- structions to aviation in conflict with the plan at the time of the making of tile plan, tile obstructions shall be removed unless the department concludes otherwise. Provisions of Article 87, para- graph 1, number 2, and paragraphs 2 and 3 shall apply accordingly. The expenses according to Article 87, paragraph 3 shall be covered liv the owner of the landing area except where Article 87, paragraph 2, number 2, is applied. PAGENO="0540" 1942 AIR LAWS A)D TREATIES OF THE WORLD Art. 89. The owner of the property shall be compensated by the owner of the landing area if he is restricted in his property rights and if, because of the restrictions, the property cannot be used for the pur- pose for which it is designed with respect to its dimensions, locations and other circumstances, or if the owner in another way sustains a loss of rights for which he has a right of compensation according to the general principles of law. The provisions of this paragraph shall apply accordingly to the rights in real property. Compensation may be also claimed by any person who sustains dain~ age or loss as a result of actions taken in accordance with Article 88. Compensation may be claimed only if. by application, no exelnp- tions have been made according to Article 87, first paragraph. The State guarantees that compensation will be paid. Art. 90. Cases on compensation according to Article 89 shall be decided according to the procedure on evaluation. An evaluation may be claimed by the person who claims compeilsa- tion within a time limit specified in the plan. The time limit may not be less than two ears from the date of the notice. The provisions on prolongation of terms on the Law on the Judiciary of August 13. 1915, Articles 153 to 158, shall apply accordingly. The expenses of evaluation shall be covered by the owner of the landing area unless the evaluation court (s/ejön.~retten) decides other- wise. If the other party has claimed re-evaluation, and there. is an adverse decision, he shall cover the expenses of the re-evaluation pro- vicled he has not been exempted by the evaluation court from paying the expenses. The decision of the evaluation court on ic-evaluation is final when its decision is against the claimant. Art. 91. The owner of the landing area shall be required to see that restrictions on property rights are observed. The owner shall inform the aviation authority without delay of violations of restrictions. Art. 92. The plan may be amended by the same. procedure as that stipulated for the preparation of the plan. Modifications of restric- tions on property rights may be made without putting the draft on public notice. Art. 93. The phai~ shall be in force until repealed by the department or until the time of its validity has expired. In the ease of repeal the provisions of Article 86 shall apply a ccordin glv. Art. 94. ~The King may issue regulations on obstructions to aviation as to land which is outside any plan. In this case the provisions of Article 87, paragraph 1 and 2, and paragraph 3, number 1, and Ai~ti- des 88 to 90 shall apply accordingly with the exception that expenses which are assumed by the owner of the landing place in accordance with Articles 88 to 90 shall be assumed by the State. E. Other Provi.s~oii.~ Art. 95. The King may issue regulations as to which landing areas may be used for international or domestic aviation or for aviation of a special nature. Art. 96. The King may issue regulations on access to and traffic on landing areas and on landing of aircraft thereon. Art. 97. The King may fix fees for the use of landing areas and other installations which are in public u~. PAGENO="0541" AIR LAWS AND TREATIES OF THE WORLD 1943 Art. 98. Landing areas and other installations for public use shall be open to foreign aircraft under the same conditions as for Nor- wegian aircraft in international aviation, provided an agreement has been concluded with the foreign country concerned. Art. 99. The King determines the conditions for employment on the landing area or other installation, or employment outside the aircraft in positions which are of importance for the safety of aviation, and issues regulations on certificates for such employment. ChAPTER VII. COMMERCIAL AVIATION. ETC. A. ~S'c/tedu7ecl Seicce Art. 100. For scheduled commercial air traffic (scheduled service) within Norwegian territory a license granted by the King is required. The King may deteriniiie that for certain types of scheduled air service the license granted according to Article 107 is sufficient. Art. 101. The license shall be granted only if it is compatible with the public interest. Art. 102. A license to operate a scheduled air service exclusively within the Realm may be granted only to persons who, according to Article 7, are considered Norwegian owners. The license shall be annulled if the holder of the license no longer conforms to the provisions of the first paragraph and has not corrected the defects within the time specified by the competent department. In exceptional circumstances the King may make exemptions from time provision of the first paragraph. Art. 103. The license shall be granted for a specified period and be dependent upon con clitions deemed necessary. A ,t. 104. The State has the right of redemption in whole or in part of the undertaking of the holder of the license in accordance with the l)rovisions of Article SO. The King may make exceptions from this 1)roVIsion with respect to scheduled air service between Norway and foreign countries. Art. 105. The license may be revoked if the conditions of the con- cession, or provisions of law or regulations concerning tile activities of the holder of the license are substantially disregarded during oper- ations. Art. 11)6. In granting the license, deviations from the provisions of this chapter may be made to the extent to which an agreement with the foreign country requires it. II. Other Coiii in ereiq7 A ni~ation~. etc. Art. 107. In commercial aviation other than scheduled air service, within Norwegian territory a license granted by the competent de- i)aI~tmnent is required, unless otherwise determined by the King. The Ring may determine that such license is required for a flying school, air exhibition, compe.tetive flying or other flying activities of a special nature, even if not operated for commercial purposes. For these licenses the provisions of Articles 101-103, and 105-106 shall apply accordingly. Art. 108. The King may issue regulations on the transfer of an air- craft, its accessories or spare parts to another person for use to his account. PAGENO="0542" 1944 AIR LAWS AND TREATIES OF THE WORLD CHAPTER VIII. PROVISIONS ON AIR TRAFFIC. ETC. Art. 109. The King issues regulations on measures which must he observed in order to l)I~e.vent collisions between aircraft. or other flight accident.s and, in general, on safety measures to p1'e\~em1t. accidents and inconvenience during flight. Art. 110. The King may determine air routes which aircraft must follow within Norwegian territory, issuing special regulations for air- craft which cross the boundary of the. Realm, indicating where time boundary may be crossed and which landing areas the aircraft may use for take-off and landing. Art. 111. If it is required for reasons of public order and security the competent. authority may direct the landing of an aircraft. The landing shall be made as soon as possible. If not otherwise directed the aircraft must land on the nearest. landing area in the Realm which is open for public, use and where a landing is possible. If an aircraft enters an area. where flights are prohibited. it must leave the territory without delay, immediately informing the corn- petetit authority: if the authority has not directed otherwise. the air- craft. must. land immediately on the nearest landing area in the Realm which is open for pullic use and where a landing is possible. Insofar as the provisions of the first and second paragraph are not complied with. the competent authority may prevent the continuation of a flight by all suitable means. A it. 112. W~itlioiit a license, from the competent department the air- craft may not carry war material. The King issues regulations on what shall be included under war material, and grants exceptions to the l)l'ovisions of this article. If required for reasons of pui)lic order anti safety the King may pro1~ibit, or issue regulations on, the carriage of goods other than war material. The King may prohibit. or issue regulations on the admittance of, the carrying of cameras and their use aboard an airc.raft.. Art. 113. If not otherwise provided for by law, the King determines which documents an aircraft must. have, to what. extent they shall be available on board, and how they shall be let. set up, kept, anti main- tained. Art. 114. Any person who has a legal interest the.rein may examine the contents of aircraft documents. Art. 115. The King issues regulations as to the. extent persons serv- ing on aircraft shall carry with them certificates and other documents. Art. 11(1. The competent authority may search an airc.raft and che~c.k the crew for certificates and other documents they must carry aboard. ChAPTER IX. AIR TRANSPORTATION ~ A. Extent Art. 117. The provisions of this chapter that apply to the transpor- tation of passengers, baggage and goods if the `transportation is car- ried out for payment. The provisions of this chapter shall apply even if the transportation is ca.rried free of charge by an air transpor- ta.tion enterprise. 4 Effective as of Aug. 1, 1963. PAGENO="0543" AIR LAWS AND TREATIES OF THE WORLD 1945 Art. 118. The provisions of this chapter shall not apply to the transportation of mail. The provisions of Articles 119 to 125 on documents of air trans- portation shall not apply if the transportation is carried out under unusual circumstances and outside the scope of normal air operations. B. Documents of Air Transportation Art. 119. (Ticket.). In passenger transportation a ticket shall be issued and shall state: a) the place of departure and destination; b) at least one intermediate landing point if the place of de- part~ure and destination are in the same State and one or more intermediate landings in another State are agreed upon; c) a notice that the transportation niav be stibje.c.t to the War- saw Convention or to a law which is in conformity with the limits provided for in the Convention as to liability of the carrier for personal injury and loss of or damage to bagjage.. Unless otherwise established the ticket. shall be the evidence of a transportation contract and of the terms of transportation. If a ticket. is not issued, or if its contents do not. comply with the regulations, or if the ticket. is lost., the. transportation contract shall still be valid. However, if the passenger to whom a ticket was not issued, boards the aircraft with the consent of the carrier or if the ticket does not include the notice provided for in pa.rgrapli 1, (c), the carrier may not avail itself of the provisions of Article 138 on the limi- tation of the liability. Art. 120 (Baggage check). In the transportat.ion of registered bag- gage a baggage check shall be issued. If the baggage check is not at- tached to, or inserted with the passenger ticket. conforming to the pro- visions of Article 119, paragraph 1, it shall state: a) the Place of departure and destination; b) at least one intermediate landing point if the. place of de- parture and (lestinat.ion are in the same State, and one or more intermediate landings in another Sta.te are agreed upon; c) a notice that the transportation may be subject t.o the War- saw Convention or to a law which is in conformity with the limits provided for in the Convention as to the liability of the carrier for loss of or damage to baggage. Unless otherwise established the baggage check shall be the docu- inent of registration of the baggage and of the terms of transportation. If a baggage check is not issued or if its contents do not comply with the regulations, or if the check is lost, the transportation contract shall still be valid. However, t.he carrier shall not be entitled to avail itself of the provisions of Article 138, paragraph 2, on t.he limi- tat.ion of liability if it has accepted the baggage for which the baggage check was not issued, or if the check does not contain the notice as provided for in paragraph 1(c), and the check is not attached to, or inserted with the passenger ticket conforming to the provisions of Article 119, paragraph 1 (c). Art. 11 (Bill of lading). In t.he transportation of goods t.he carrier may require the shipper t.o execute and deliver a document referred t.o as a bill of lading and the shipper may require the carrier to accept this document. PAGENO="0544" 1946 AIR LAWS AND TREATIES OF THE WORLD If the bill of lading is not executed, or if its ~nt.ents do not comply with the regulations, or if the bill is lost, the transportation contract shall still be valid. Ai~t. 122. The bill of lading shall be executed by the shipper in three copies and shall be delivered to the carrier along with the goods. The first copy shall be rioted "for the carrier" and signed by the shipper. The second copy shall be noted "for the consignee" and signed by the shipper and the carrier. This copy shall accompany the goods. The third copy shall be signed by the carrier and be delivered to the shipper after the acceptance of the goods. The bill of lading shall be supplied with the signature of the carrier before. the goods are placed on board the aircraft. The signature may be replaced by a stanip. The signature of the shipper may be printed or be replaced by a stamp. If the carrier has executed the bill of lading on the request of the shipper he shall be presumed to be acting on behalf of t.he shipper unless there is proof to the contrary. Art. 123. If there are several parcels the carrier may require the shipper to execute a separate bill of lading for each parcel. Art. 124. The bill of lading shall state: a) the place of departure and destination; b) at least one intermediate landing point if the place of de- parture and 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 provisions of the Convention as to the limits of liability by the ca.rrier for loss of, or damage to the goods. Art. 125. The carrier may not avail itself of the provisions of Article 138, paragraph 2, on the limitation or liability if the goods were loaded on the aircraft with the consent of the carrier without executing a bill of lading, or if t.he bill of lading does not cont.ain a notice men- tioned pursuant to Article 124(c). Art. 126. The shipper shall compensate the carrier or any other person to whom the carrier is liable for damages sustained as a result of the shipper~s declaration concerning goods in the lading bill, when the declaration does not conform to the regulations, or is incorrect or incomplete. Art. 127. Iniess otherwise established the bill of lading shall be evidence of the transportation contract, of receipt for the goods, and of the terms of transportation. The statement of the bill of lading with respect to weight, dimen- sions, packaging and number of articles shall be conclusive unless there is proof to the contrary. Statements in the bill of lading with respect to quantity, cubic content or condition of the goods may not be used as evidence against the carrier unless the carrier has examined the correctness of the statement in the presence of t.he shipper and has made a notice on this on the bill of lading, or if the statement refers to the visible condition of the goods. C. The Rig/it of Disposal and Deli?ery of Goods Art. 128. If the shipper fulfills his responsibility pursuant to the transportation contract, he shall have the right to dispose of the goods, PAGENO="0545" AIR LAWS AND TREATIES OF THE WORLD 1947 take them back at. the place of departure or destination, stop the trans- portation at a. place of landing en route, demand delivery of goods at the place of destination or landing en route to a consigner other than mentioned iii the bill of lading, or demand return of the goods to the place of departure. The shipper may exercise his right of disposal oniy when this does not cause damage to the carrier or to other shippers, and provided he pays the necessary expenses. The carrier must imme- diately inform the shipper if the orders of the shipper cannot be fulfilled. `When the carrier executes the orders of the shipper without demand- ing a copy of the bill of lading, the carrier shall be liable for any damage which might result to the true holder of the bill of lading, however, with a right of recourse against the shipper. The rights of the shipper shall terminate when the consignee as- sumes his rights pursuant to Article 129. If the consignee refuses to accept the bill of lading or the goods, or if he cannot. be rea.ched, the right to dispose of the goods shall revert t.o the shipper. Art. 129. When the goods have arrived at the place of destina- tion, the consignee may demand, except. under the conditions indicated in Article 128, that. time carrier deliver the bill of lading and the goods to him on payment of the amount owed and fulfillment of other condi-. tions in accordance with t.he terms of the bill of lading. TJnless otherwise agreed. the carrier shall immediately inform the consignee when the. goods have arrived. Art. 10. If the carrier gives notice that the goods are lost, or if the goods have not arrived within seven days after the day when they should have arrived, the consignee may bring action on his rights against the carrier in accordance with the transportation contract.. Art. 131. An agreement which contains exceptions from Articles 128, 129 or 130, shall be invalid unless the except.ions are include.d in the bill of lading. Art. 12. The shipper shall be required to submit information and attach to the bill of lading documents required for implementation of custom regulations, or regulations on other fees, and of police regulations prior to delivery of goods to the consignee. The shipper shall be liable to the carrier for damages which might result from omission of such information and documents, or if they are incomplete or do not conform to the regulations unless the carrier or its agents are guilty of errors or negligence. The carrier shall not be obliged to check whether the information submitted, or documents enclosed are correct and complete. D. Liability of a Carrier Art. 133. A carrier shall be liable for t.he death, bodily injury, or disablement of passengers resulting from an accident on board an air- craft, or while enplaning or leaving the aircraft. Art. 134. A carrier shall be liable for the loss of or damage, in whole or part, to registered baggage or goods as a result of an accident oc- curring while the baggage or goods were m'ider his ca.re, whether at the landing area aboard the aircraft or at any other location if the landing occurs beyond the landing a.rea. If the transportation contract includes transport.ation on land or water areas outside the landing area with loading, delivery or re-load- 29-T:~T---~i5-----\'o1. II-3~ PAGENO="0546" 1948 AIR LAWS AND TREATIES OF THE WORLD ing, the damages shall be presumed to have occurred during the period as indicated in paragraph 1, unless proved otherwise. Art. 135. The `carrier shall be liable for damages resulting from a~ dela.y in the transportation of passengers, registered baggage and goods. Art. 136. A carrier shall not be liable if he establishes that it or its employees have taken all possible action to avoid the damage or that it was impossible for them to do so. Art. 137. If the carrier proves that the person who sustained the injury was guilty of causing it its liability may be reduced or excluded according to laws in effect. Art. 138. The liability of a carrier in the transportation of passen- gers shall be limited to 118,500 crowns per person. By a special agree- ment. between the carrier and passenger a higher limit of liability may be. established. In the transportation of register baggage and goods the liability shall be limited to the amount. of 120 crowns per kilogram weight~ if. when delivering the goods to the carrier, the passenger or shipper declares a special value in connection with the delivery of goods tG the place of destination and pays the fixed additional freight charge, the declared value shall be the limit, of liability of the carrier, unless the carrier proves that, the amount declared exceeds the true value to the passenger or shipper. When there. is a loss, damage or delay in delivery of a part of registered baggage or goods or an article therein the total weight of the parcel in question shall be take.n as a basis to determine the extent of liability of the carrier. If the loss, damage or delay reduces the value of other parcels which are included on the same baggage check or bill of lading, also the total weight of these parcels shall be taken into account to determine the extent. of liability. For objects retained by the passenger the limit of the liability of the carrier shall be 2400 crowns per passenger. In court actions costs shall be allowed the plaintiff without. limita- tion mentioned in this Article. This provision shall not a.pply where the judgment, exclusive of cost.s, does not exceed the amount offered by the carrier in writing to the plaintiff within six months after the damage occurred or prior to the `comniencemeilt of an action for damages. If the gold value of the crown changes from the value submitted to the International Monetary Fund at the time of the enactment of this law, the limit of liability fixed in this Article shall be changed as a. matter of course in accordance with the new gold value. In court actions the gold value of the crown on the day when a judgment is. re.ndered shall be effective. The King establishes the limits of liability in crowns if the gold value of the crown is changed. Art. 139. Any condition exempting the carrier from liability or establishing a lower liability than provided for in Article 138 shall be invalid. However, when in transportation of goods their loss or damage'. occurred as a result of the. quality or defects in goods, this shall be taken int.o account in establishing the liability of the carrier. Art. 140. Lpon proof that. the carrier or its employees caused the damage within the scope of their duties intentionally or by gross negli- gence with knowledge that damage would result, the provisions of PAGENO="0547" AIR LAWS AND TREATIES OF THE WORLD 1949 Article 138 referring to the limitation of the liability of the carrier shall not apply. Art. 141. If employees of a carrier are sued for damages caused in service by negligence of a lesser degree than provided for in Article 140, the amount of compensation imposed on them and the carrier jointly shall not exceed the limits of liability established for the carrier. Art. 143. If the consignee accepts the registered baggage or goods without any reservation, the goods shall be presumed to be delivered in good condition and in accordance with the transportation docu- ments, unless there is a proof to the contrary. When the goods are damaged or partially lost, notification shall be made to the carrier immediately upon discovery of the damage and at the latest within 7 days for baggage and 14 days for goods from the date of the receipt. In the cases of delay the notification shall be made within 21 days from the date the baggage or goods are turned over to the consignee's disposal. Notice may be made by a notation on the transportation documents or by a letter mailed prior to expiration of the time lirnit~ indicated above. Art. 143. If the notification is not made within the period specified in Article 142, no cause of action will lie against the carrier unless it has acted fraudulently. Art. 144. An action for damages provided for in this Chapter may be commenced at the place where the carrier resides, or where the enterprise has its main office, or business office which concluded the transportation contract, or at the place of destination. An action may be commenced in a Norwegian court or in a court of a convention state unless the place of departure or destination noted in the shipping cont.ract is in a State which does not adhere to the Warsaw Convention. Art. 145. The right to claim damages according to this Chapter lapses if t.he claim was not presented within two years of the date of arrival of the aircraft at the place of destination, or the date when the aircraft should have arrived, or the date when transportation was discontinued. Art. 146. If according to one or more transportation contracts the transportation is considered a single operation and is carried out by several carriers on succession, each carrier who takes on board pas- sengers, registered baggage or goods shall be liable for the portion of transportation he performs. With respect to registered baggage or goods the shipper may insti- tute an action against the first carrier, and a consignee to whom the delivery is to be made, against the last, even if the damage, loss or delay occurred while the goods were under the care of another carrier. If two carriers are liable, they shall be subject to joint liability. E. Other Provi.~io~.c Art. 147 (Compound t.ransportation). If transportation is carried out partly by aircraft and partly by other means of transportation the provisions of this Chapter shall apply only to air transportation. The terms covering transportation other than air transportation may be entered in the air transportation documents. PAGENO="0548" 1950 AIR LAWS AND TREATIES OF THE WORLD Art. 148. Reservations in the transportation contract or special agreements made prior to the time of damage shall be invalid if they provide for settlement. of disputes pursuant to other laws which de- viate from the provisions on transportation of this law, or provide for venue other than that provided for in this chapter. Concerning the transportation of goods the provisions of paragraph 1 shall not prevent an agreement on the settlement of disputes by arbi- tration in the Realm or in another Convention State at the place where the action shall be commenced according to provisions of Article 144, provided that the dispute shall be settled in accordance with the pro- visions of the Warsaw Convention. Art. 149. Transportation documents issued by a foreign country, fulfill the requirements on notification prescribed in Article 119, para- graph 1, (c), Article 120 paragraph 1, (c), and Article 124, (c), if the documents provide that the transportation may be subject to the War- saw Convention and that this convention generally limits the liability of the carrier referred to on pertinent provisions. When in international transportation the agreed place of departure or destination is in a country which does not adhere to the Warsaw Convention the carrier may refer to Article 138 or to the limitation on liability even if no notice under paragraph 1 is given. Art. 150. `When, in domestic air transportation, an intermediate landing in a foreign country is not. agreed upon, the department may approve issuance of transportation documents in a form other than that provided for in Articles 119, 120, and 124. A it. 151. The Warsaw Convention in the sense of this law, is the Convention for the Unification of Certain Rules Relating to Interna- tional Transportation by Air of October 12, 1929, as amended by the Protocol signed at The Hague on September 28, 1955. Art. 152. When a country has made a reservation in accordance with Article XXVII of the Hague Protocol of September 28, 1955, the provisions of this Chapter shall not apply to air transportation by military authorities of that country by aircraft, registered in that country, insofar as the whole carrying capacity of the aircraft has been reserved by, or on behalf of, such authorities. The provisions of this chapter shall not apply to international trans- portat.ion by air performed directly by the State, or by the territory for international relations of which this State is responsible, insofar as the State at the time of ratification of, or adherence to, the Warsaw Convention of October 12, 1929, has made a reservation in accordance with Article 2 of the Additional Protocol to the Convention. CHAPTER X. COMPENSATION FOR DAMAGES AND INSURANCE Art. 153. The owner of an aircraft., or the user who operates it on his own account, shall be liable for damages for an injury to a person or object outside the a.ircraft, if the injury results from using the air- craft for aviation, even if nobody is guilty of causing the injury. Art. 154. The provisions of Article 153 shall not apply to injury of persons or things within an approved landing area. Art. 155. Damages in accordance with Article 153, may not be claimed when the person who sustained the injury is guilty of causing the iniury 1ntentlonal]y or by gross negligence. PAGENO="0549" AIR LAWS AND TREATIES OF THE WORLD 1951 Art. 156. When an aircraft causes damages to another aircraft or injury to persons or objects in such other aircraft, the provisions of Article 153 shall not apply. Art. 157. When damages are caused by two or more aircraft the owners or users of aircraft involved shall be jointly liable as provided for in Article 153. The court decides which portion of damages each of them may reclaim from other owners or users. Art. 158. The provisions of this Chapter shall not, restrict the right to claim damages pursuant to the general rules on damages. Art. 159. If a person serving on an aircraft is found liable for dam- ages resulting from aviation, and is accused of errors or negligence in service, the court may reduce the amount of compensation t.aking into account mitigating circumstances in his guilt, the amount of the dam- age, and other considerations. This shall apply accordingly to ground service personnel in positions of importance t.o t.he safety of aviation. Art. 160. An aircraft used in aviation in accordance with this law shall carry approved insurance or other suret.y for indemnification of damages in accordance with Article 153 unless determined otherwise by t.he King. The King may determine, that. an aircraft shall carry an approved valid insurance or other surety for the indemnification of injury to persons or damage to objects abroad an aircraft, or injury or damages in connection with enpianing and leaving the aircraft, or transporta- tion of objects to or from the aircraft, or damages to registered goods, for whicli the carrier is liable according to Chapter IX. Regulations on insurance or other surety and on consequences when t.hey are not, valid are issued by the King. CHAPTER XI. AIRCRAPT ACCIDENTS A. Re.sc?je Servce Art. 161. The King issues regulations on search and rescue service when an aircraft. is lost, in peril, or wrecked. The regulations may oblige persons, enterprises and organizations to cooperate in preparing and carrying out search and rescue work, and establish compensation for such cooperation. Art. 162. If it is not contrary to international agreements, the com- pet.ent department may force the owner or user of an aircraft. to refund in whole or part the expenses incurred by the Treasury in the search for a lost aircraft.. The same applies to expe.nses in rescue operations, insofar as they are not covered by salvage compensation. B. Salvaqe Art. 163. A pe1~son who sa'vages or assist.s in salvaging an aircraft wrecked or in peril, or cargo or any part of aircraft or cargo, shall have a right, to salvage money in accordance, with the. provisions of the Maritime Law of July 20, 1893, Chapter 9, whether the salvage is per- formed on the sea, land or in the air. A person who rescued, or assisted in the rescue, of a life from the aircraft under the emergency circumstance.s which caused the. salvage, also has a right to share in the salvage money. Compensation may be claimed for extra orci ma ry a nd imna voidable expenses for preserving the aircraft or its cargo. The prOvisionS of paragraph 1 on salvage shall apply accordingly to this compensation. PAGENO="0550" 1952 AIR LAWS AND TREATIES OF THE WORLD If salvage is performed in this country the rights of the claimant shall be secured by a lien on the aircraft and the goods, and shall have priority over any other rights. If there are several such liens those based on a later event shall have priority over those based on an earlier one. The owner of the goods shall not be personally liable for the claim. The lien on goods shall cease when the goods are delivered. The lien on the aircraft shall cease after 3 months, unless this right is en- tereci into the register and the amount approved, or an action on a lien is initiated. The action may be commenced at the place where the work was accomplished or where the aircraft and goods are located. C. Inrestigation of Fight Jccident~ Ait. 164. If in using of an aircraft, there occurs an air accident causing death or serious injury to persons, or serious damage to air- craft or property outside the aircraft, an investigation shall be made by the authority appointed by the king. This shall also apply when there was a serious t lireat [U ~uchi a~cideitt or events which indicate an essential defect in the aircraft or ground service. Ait. 16;~. Upon request, any I)ersoli shall furnish information to the investbiative authority about~ tile circumstances known by him which would be of importance in the investigation. The authority shall have the right to use private land and may in- vestigate and take possession of tile aircraft, wreckage, documents and other things to tile extent necessary for the performance of its duties. The authority may order physical exalnillation pursuant to tile provlSIOnS of Article 71. 1)aragraph 3. If necessary the assistance of tile police may be requested. If it is found necessary for tile investigation, the authority may, request taking and recording of evidences according to the provisions of tile Law on Civil Procedure. In accordance with the regulations issued by tile King the authority shall as far as possible. inform the owner of the aircraft, or if the air- craft~ is used by a Ierson other than the owner, the user, the insurer, and others involved in tile case on tile performance of the investiga- tion, and give them an opportunity to present, prior to conclusion of tile investigation, all facts they deem necessary for the promotion of their interests. Tile interested parties shall have a right to be present during the invest%ation and to acquaint themselves with the docu- ments, provided this does not hinder the investigation. A it. 166. A person who is an eyewitness to an accident in flight must immediately inform tile nearest~ police or aviation authority un- less, under the circumstances, he has good reason to assume that such action is not necessary. This shall also apply to a person who finds an aircraft, parts or pieces of an aircraft or other objects which indi- cate that an aircraft acCidleilt has occurred. A.'t. 162~. \Uien all aircraft is destroyed tile wreckage or other ob- jects from such aircraft or traces of tile accident may not be removed or displaced without tue permission of the investigative authority or polie, unless it is necessary for the saving of life or property, or to prevent the loss or clestruct~on of mater~ al essential for tile investi- o~at ion. Art. 16$. When a destroyed aircraft or tile wreckage or other ob- jects from such aircraft are an obstacle to traffic, or otherwise are of PAGENO="0551" AIR LAWS AND TREATIES OF THE WORLD 1953 inconvenience to the public, or of danger to persons or property, and the owner fails to remove such objects or to take other action, the police may give the owner a specified period of time to do so. If the period has expired t.he police may order this done at the expense of the owner. If the owner is not. known, or if it. is unavoidable for traffic or other reasons to act immediately, the police may take the measures men- tioned in the first paragraph without giving the owner any time limit. ChAPTER XII. MISCELLANEOIJS PROVISIONS Art. 169. When, at the beginning of a flight, there are reasons to assume that an aircraft is not airworthy, or is not properly manned, or in general might be considered as being operated contrary to the provisions of this law or regulations issued on the basis of this law, the flight may be prohibited and the aircraft may be, if necessary, prevented from leaving the landing area. The decision on such action shall be made by the aviation authority or by an agency authorized by it. In the latter case the decision shall be submitted without delay to the aviation authority for approval. Art. 170. The owner of a landing area for public use may prevent the aircraft from leaving until fees for the use of the landing are paid or a proper guarantee is given. Art. 171. In the interests of safety of aviation the King may issue regulations on the treatment, storage and delivery of fuel and other materials used by aircraft, and on the enforcement of such regulations. Art. 172. The owner or user of an aircraft and the owner of an ap- proved landing area or other aviation installations shall give all in- formation required by the aviation authority in the exercise of its responsibilities. The same shall apply to the owner of an approved enterprise mentioned in Article 52, or to any other enterprise which is operating with the approval or a license pursua.nt to this law or regula- tions issued on the basis of this law. Information may be forwarded insofar as required by international agreements. In general, the information may be forwarded or dis- seminated to the extent it does not include business or manufact.ory secrets. If a person who supposes to have a right to demand con- cealment has intervened against the forwarding or dissemination of the information, the forwarding or dissemination may be made only by a special decision of the competent department. Art. 173. A person who, by virtue of his position, has access to in- formation referred to in Article 172, is obliged to keep silence to the extent that the information may not be forwarded or disseminated. Art. 174. When the State has incurred expenses in accordance with an international treaty where an aircraft is used for Norway's account in a foreign country, the competent department may claim a refund of expenses from the owner or user of the aircraft, insofar as it is not otherwise provided for by the conditions of the concession or license pursuant. to Chapter VIII. Art. 175. A fee specified by the King for the use of a landing area or other installations for aviation for public. use. or a refund which the State may claim under this law, may be collected by lien. PAGENO="0552" 1954 AIR LAWS A~D TREATIES OF THE WORLD CHAPTER XIII. PENAL PROVISIONS Art. 176. Any owner or user of an aircraft of non-Norwegian nationality or of foreign nationality other than according to Article 4, (b), who without special permission uses the aircraft for aviation within Norwegian territory or who violates the conditions of the license granted. shall be punished by a fine or by imprisonment of up to one year. Art. 177. Any person who submits incorrect or incomplete data in an application for registration of an aircraft or its striking from the register, or in his application for license pursuant to Article 7, paragraph 2 or Article 13, (b), shall be punished by a fine or by imprisonment of up to 6 months. Any person who fails to submit a notice to the registrar in accord- ance with this law, or who submits incorrect or incomplete informa- tion, shall be subject to the same punishment. Art. 178. Any person who without authorization removes from an aircraft a nationality or registration marking or any other prescribed marking or who supplies an aircraft with incorrect markings shall be punished by a fine or by imprisonment of up to one year. Any owner or user operating an aircraft without nationality or registration markings or with incorrect markings shall be subject to the penalty specified in paragraph 1. Art. 179. Any owner or user of an aircraft who operates an air- craft which lacks airworthiness, is improperly manned, equipped or loaded for the assigned flight, or in any other manner does not comply with safety regulations and such aircraft was not certified to fly ac- cording to this law, shall be punished by a fine or by imprisonment of up to 2 years. Art. 180. Any person who wilfully or negligently constructs an air- craft or manufactures accessories and spare parts, or performs main- tenance and repairs, or alters an aircraft, and who by such action gives cause to believe that the aircraft may be used in violation of safety regulations, shall be punished by a fine or by imprisonment of up to 2 years. Any person who recklessly loads, unloads or in any other manner clears an aircraft shall be subject to the same punishment. Art. 181. Any owner or user of an aircraft who operates an aircraft without the prescribed insurance or without other surety specified in Article 160, shall be punished by a fine or by imprisonment of up to 6 months. A it. 182. Any commander of an aircraft who operates a flight by an aircraft under such conditions as mentioned in Articles 176, 178, paragraph 2. and Articles 179 or 181 shall be subject to the same penalty as the owner or user. Art. 1&1. Any person who performs work on an aircraft without a valid certificate or license as required by this law or in the case such document is not required, without complying with the conditions re- quired for such service, shall be punished by a fine or by imprisonment of up to one year. Art. 184. Any person who agrees to perform a service on an air- craft and fails to render such service or refuses to perform it, shall he punished hv a fine or by imprisonment of up to 3 months. PAGENO="0553" AIR LAWS AND TREATIES OF THE WORLD 1955 Any person who is a member of the crew and, without sufficient rea- son, fails to arrive on duty on time or leaves without permission, shall be punished by a fine. Art. 185. Any person who is a member of the crew of an aircraft who fails to observe orders shall be punished by a fine or by imprison- ment for a period of up to 3 months. When a person, by such act of insubordination, puts an aircraft or life in danger, or when he refuses to obey repeated orders, or when there are other aggravating circumstances, imprisonment of up to 3 years may be imposed. Art. 186. Any person who performs a service or attempts to perform a service on an aircraft in violation of the provisions of Article 71, paragraph 1, shall be punished by a fine or by imprisonment of up to 2 years. Any person who performs a service while under the influence of alcohol or other narcotics, or violates the provisions of Article 71, paragraph 2, shall be punished by imprisonment, unless there are extenuating circumstances. Art. 187. Any person who violates the regulations issued by the King regarding measures for the prevention of collisions of aircraft or other flight accidents or regarding safety measures for the prevention of accidents and inconviences during flight, shall be punished by a. fine or by imprisonment of up to 2 years. Any person who deviates from air routes established according to Article 110, or who violates the orders issued by the King for aircraft whic.h cross the boundary of the Realm, shall be punished by a fine or by imprisonment of up to one year. Art. 188. Any person in flight on air routes or in areas where avia- tion is subject to special regulations, and who fails to observe, or acts in violation of, directions of air traffic control which he must follow, shall be punished by a fine or by imprisonment of up to 2 years. Any aircraft commander who violates the provisions of Article 111 concerning landing shall be subject to the same punishment. Art. 189. Any owner or user of an aircraft who violates the provi- sions of Article 112, paragraph 1, on carriage of war material, or of regulations issued in accordance with paragraph 2 of the same article on carriage of other goods, shall be punished by a fine or by imprison- ment of up to one year. Any aircraft commander who engages in the illegal transportation specified in paragraph 1 shall be subject to the same punishment. Art. 190. Any person who violates an order of the King issued in accordance with the provisions of Article 5, shall be punished by a fine or by imprisonment of up to 2 years. Art. 191. Any aircraft commander who in case of emergency fails to take measures in his power to safeguard the aircraft and people and goods aboard, or other measures he must take in accordance with Article 68, shall be punished by a fine or by imprisonment of up to one year. Art. 192. Any member of the crew of an aircraft who, by the act of smuggling or other means which are in violation of his duties, creates a situation where the aircraft or goods can be confiscated or detained by Norwegian or foreign authorities, shall be punished by a fine or by imprisonment of up t.o 6 months. Art. 19~9. Anv aircraft commander or member of the crew who is responsible therefor and fails to set up, keep, and maintain the aircraft PAGENO="0554" 1956 AIR LAWS AXD TREATIES OF THE WORLD documents, or carry aboard the aircraft. certificates or other docu- ments, shall be punished by a fine or by imprisonment of up to three months. Any person who makes a false entry on an aircraft document or otherwise produces a false statement in an aircraft document, shall be punished by a. fine or by imprisonment of up to one year. Art. 194. Any aircraft. commander or member of the crew, in cases not included under Articles 176 to 193, who continuously neglects his duties or who, in general, improperly performs his duties, shall be Punished by a fine. Art. 195. mv owner of a landing area or other installation for avia- tion, who permits its use, even though it does not meet operating re- quirement.s or, where approval by the aviation authority is required, permits its use without. such approval, shall be punished by a fine or by imprisonment of up to one yea.r. If the owner violates the provisions of Article 98, he shall be punished by a fine. Art. 196. Any person who violates restrictions on property right.s as provided for in Articles S4 to 87, or such regulations as are issued in accordance wit.h Article 94, shall be punished by a fine or by imprison- ment of up t.o 3 months. Any attempt to commit such violation shall be subject to the same punishment.. Art. 197. Any person who carries on aviation activities or other ac- tivities without a concession, license, or approval, as required by this law, or by regulations issued in accordance with this law, shall be punished by a fine or by imprisonment of up to 6 months. Art. 198. Any person who act.s iii violation of the provisions of Article 169 on the prohibition for an aircraft to leave a landing area, shall be pimislied by a fine or by imprisonment of up to 6 months. Any attempt. to commit such violation shall be subject to the same punishment. Art. 199. Any person who prevents inspection, supervision or other investigation pursuant to this law or regulations issued on the basis of this law, or who fails to re.nder assistance t.o such investigation if re- quired in accordance with the law or regulations, shall be punished by a fine or b imprisonment, of up t.o 3 months. Any person who in conflict with the provisions of Article 167 removes or displaces an air- craft, wreckage or other material after an air collision, shall be subject to the same punishment. Any attempt to commit suc.h violation shall be subject to the same punishment. A it. 200. Any person who is required to take part in search and rescue work in a.ccordance with the regulations issued in accordance with Article 161, and who fails to provide such service or otherwise fails in his duty, shall be punishe.d by a fine. Art. 201. Any person, in cases other than indicated in Article 177, who fails to submit information required under this law or regulations issued on the ba.sis of this law, or information required in accordance with the law or regulations. or who submits incorrect and incomplete information shall be punished by a fine or by imprisonment of up to ( months. The piiimishinent pursuant to this Article shall not, apply to violations of the 1rov1s1o1i~ of Chapter IX. PAGENO="0555" AIR LAWS AND TREATIES OF THE WORLD 1957 Art. 202. Any person who fails to return a. nationality or registra- tion certificate, or other documents if required by law or on the basis of the law, shall be punished by a fine.. Art. 203. When there is no penalty under other provisions of this Chapter, any person who violates regulations issued in accordance with this law shall be punished by a. fine or by imprisonment of up to 3 months. Art. 204. When the offenses mentioned in Articles 179, 180, 182, 185-188, 191 or 194-196 result in loss of human life or serious bodily harm, or injury to health, or damage to property, a penalty of im- prisonment of up to 5 years may be imposed. Offenses mentioned in Article 181 shall be subject to the same penalty when any person sustains a major economic loss as a result of failure to maintain casualty insurance or other surety. Art. 205. Any act. of negligence under Articles 176-203 shall be 1tmished by a fine or by imprisonment of up to 6 months, provided the penalty is not greate.r than that for an ac.t wilfully committed. Art. 206. Accessory in violations under Articles 176-185 and 187- 205 is punishable and shall be punished in accordance with t.he perti- nent articles. Art. 207. The penalty specified in this chapter against the owner or user of an aircraft, the owner of a landing area or aviation installa- tion, or the owner of an enterprise referred to in Article 191, shall also apply to their agent.s or employees if t.hey commit a violation of a per- tinent article while in the course of their employment.. This provision shall also apply to members of t.he board and other representatives of companies and other legal entities. Art. 208. When a. violation subject. to a penalty under this chapter is committed by a person who acts on behalf of a company, foundation, or union, the fine and the loss of the right to engage in such business may be iinopsed on the company, foundation, or union. This shall apply only when the offense is committed in order to promote the inter- ests of the company, foundation, or union, or when it is assumed that the company, fotmdat.ion, or union derives considerable a.dvantage from the offense. Article 28 of the Criminal Code shall not apply to a fine pursuant to this article. Art. 209. Except for violations under Article 204, violations re- ferre.d to in this chapter shall be subject. to the provisions of Article 281q paragraph 2, of the Law on Criminal Procedure whether or not the punishment is greater than that. provided for in the above-men- tioned article. CHAPTER XIV. PROVISIONS ON APPLICATION OF TIlTS LAW Art. 210. For a.n aircraft without. pilot or which is operated with- out. an engine or is in general of an extraordinary type, the King may enact exceptions from the provisions of this law or issue special regu- lations to provide for the safety of aviation or for other reasons. However, no changes may be made iii the provisions which are part of the civil or c'r~minal statutes. The King may issue regulations on inventions which are designed to operate in the air but are not aircraft.. Art. 211. The King may determine that a foreign aircraft. used by a Norwegian national shall be subject to certain provisions of the law and regulations which apply to Norwegian aircraft.. PAGENO="0556" 1958 A~ LAWS AND TREATIES OF THE WORLD Violations committed by such aircraft shall be considered as com- mitted by Norwegian aircraft in accordance with Article 12, No. 1 and 2 of the Criminal Code. Art. 212. The King determines which agency shall be the aviation authority according to this law, and stipulates, insofar as the ques- tion is not regulated by a special law, to what extent the aviation au- thority may, according to law, transfer its authority to other agen- cies. Art. 213. Administrative decisions made in accordance with this law may be appealed to a higher authority. The appeal shall be sub- mitted within a period of 3 weeks after the interested party has re- ceived the decision. The appeal shall have no effect of deferment, unless so decided by the agency whose decision was appealed or by the authority to whom the appeal was submitted. The King may issue regulations concerning the authorities to whom the decision may he appealed and concerning grounds on the procedure of the~ cases appealed. lIe may determine that certain appeals must be decided by a reviewing committee, and may issue regulations on the composition of the committees and appointment of the members. If necessary several committees may be appointed. The King may determine that certain decisions may not be appealed. The provisions of this Article shall not apply to appeals from de- cisions of the department and registrar. Art. 214. The King may issue regulations on the application and execution of the provisions of this law. SECOND PART. MILITARY AVIATION AND OTHER AVIATION OF THE STATE FOR PURPOSES OF PUBLIC USE CHAPTER XV. MILITARY AVIATION Art. 215. An aircraft may be used for Norwegian military aviation if it has Norwegian nationality according to Article 216, or is subject to the provisions of Article 225. Art. 216. An aircraft shall be considered a Norwegian military air- craft if: 1. It is entered in the register of military aviation; 2. it is temporarily used for military aviation in accordance with Article 224. Art. 417. The register of military aviation shall be kept by an au- thority appointed by the King. An aircraft entered in the register of civil aircraft may not be en- tered in the military register prior to a cancellation of the registra- tion in the civil register. The King shall issue regulations on the military register and on conditions and procedure for such registration. Military aircraft shall be marked in accordance with the regula- tioris issued by the King. A it. 218. Norwegian military aircraft must comply with the regula- tions issued by the King on airworthiness and manning. A it. 219. Landing areas and other installations for the use of miii- tarv aviation must adhere to requirements determined by the King, and shall be approved by the authority appointed by the King. PAGENO="0557" AIR LAWS AND TREATIES OF THE WORLD 1959 Art. 220. The provisions of Articles 60, 71, 84 to 94, 96, 153 to 159, 161, 163, paragraphs 1 and 2, Articles 164 to 167, and 169 shall also apply to Norwegian military aviation. Art. 221. Regulations issued in accordance with Articles 75, 76 and 109 shall apply to Norwegian military aviation unless otherwise de- termined by the King. Art. 222. The King may determine that provisions of this law other than those mentioned above shall apply to Norwegian military avia- tion. Art. 223. Any person who has a legal interest therein may request to examine the contents of aircraft documents of Norwegian military aircraft unless the competent authority finds that their contents should be kept secret for military purposes. Art. 224. Without regard to the provisions of Part I an aircraft entered in the register of civil aviation may be temporarily used for Norwegian military aviation, insofar as the aircraft is provided with an additional identification marking and the aviation authority is informed in advance. During the use of an aircraft for military aviation it shall remain subject to the provisions of Chapter II. The aviation authority shall be informed when the use of an air- craft for military aviation is terminated. Art. 225. The preecding articles of the Chapter shall apply insofar as possible and provided there is no conflict with international treaties, as to foreign aircraft~ used by Norwegian State for military aviation. Art. 226. The King may issue regulations on the application and ex- ecution of the provisions of this Chapter, and he may authorize a mili- tary authority in place of the aviation authority to enforce the pro- visions of Part I insofar as they apply to Norwegian military aircraft. Art. 227. The King may issue additional regulations on Norwegian military aviation. Art. 228. The King determines whether and under what conditions an aircraft used for military aviation by a foreign state or interna- tional organization may have access to Norwegian territory. If not otherwise indicated by the provisions of paragraph 1, the preceding provisions on Norwegian military aviation, insofar as they are not in conflict with international treaties or general principles of international law, shall also apply to foreign military aviation within Norwegian territory. Art. 229. Any person who violates the provisions of Articles 215 to 227, or regulations and decisions isued on the basis of these articles, shall be punished in accordance with the provisions of Chapter XIII. The provisions of paragraph 1 shall not apply if the offense is sub- ject to military Criminal Law, except where there is a violation of the provisions of Article 71, cf. Article 220. Art. 230. Any person who violates the provisions of Article 228, or the regulations and decisions issued on the basis of this Article, shall be punished in accordance with the provisions of Chapter XIII. CHAFFER xvi. OTHER AVIATION OF THE STATE FOR PURPOSES OF PUBLIC USE Art. 231. The provisions of Part I of this law shall also apply to Norwegian aircraft which are exclusively used for used for public purposes, but are not military aircraft with the exception of Articles 160 and 163, paragraphs 3 and 4. PAGENO="0558" 1960 AIR LAWS AYD TREATIES OF TIlE WORLD The king may grant additional exceptions from the provisions of Part I or issue special regulations for such aviation. However, the provisions which are part of the civil or criminal statutes may not be c.hiiuiged. Art. 232. The King determines whether and nuder what conditions an aircraft used for the purposes mentioned in Article 231 by a foreign State or international organization may have access to Norwegian tel nt ory. If not inchidecl under the provisions of paragraph 1, the provisions of Part I of this law, with the exception of Articles 35 to 42, 160, and 163, paragraphs 3 and 4, shall also apply to aviation within Norwegian territory by aircraft referred to in para~rapli 1, provided these prp- visions are not in conflict, with international treaties or the general piiiiciples of international law. Final Pro e ;.8zO1l8 Art. 233. This la.w shall become effective on the date determined by the King. It may be determined that certain parts of this law shall enter into force before. ~ther parts. [Article 234 contains a list of laws which will be repealed by the entering into force of the present. law, and some arne1Idments to pre- vious laws.] Art. 23.5. While the Warsaw Convention of October 12, 1929, in force in Norway, tIle. Law on Transport by Aircraft of June 12, 1936, aiid regulations issued on the basis of this law, shall continue in force in regard to international air transportation if the place of departure and the destination according to the transportation contract are in States both of which have adhered to the Convention but not to the hague Protocol, or if these places are in one Convention State which has not adhered to the Hague Protocol, and a place of intermediate landing in another State has been agreed upon, even if such State is not a. &nvent ion State.. Art. 236. The regulations issued on the basis of the provisions of laws repealed by this law shall continue in force insofar as they are compatible with this law, until they are repealed or amended in ac- cordance with this law. The provisions of Article 235 shall be valid. Art. 237. The references in other laws to provisions of laws repealed by this law shall be considered as references to the pertinent provisions of this law. REGULATIONS IN FORCE 1) Regulations for the Application ~f the Law on Aviation. Part II of the Royal Decree of December 8, 1961. Norsk Lortidend (Nor- way Law Gazet.te) of December 28, 1961, No. 39. 2) Instructions relating the Register of Norwegian Aircraft of De- cember 9, 1961. Nors7~ Lovtidend of May 28, 1962, No. 17. 3) Instructions on Airworthiness of Civil Aircraft. and on Super- vision by the Direction of Aviation of December 9, 1961. Ibid. 4) Instructions relating to glider flights of March 21, 1962. Ibid. PAGENO="0559" PAKISTAN PRELI~rINxRr The basic legislation for civil aviation in Pakistaii is the Indian Aircraft Act of 1934 and the Indian Aircraft Rules of 1937.' The former provides for control of the use and operation of aircraft, while the latter implements the 1934 Act and covers flying conditions, safety, aero(lromes, airworthiness, registration of aircraft, communications, licensing, etc. All legislation dating from pre-partition times has since had the word "Pakistan" substituted for the word "Indiaii." Other important legislation pertaining to civil aviation includes Part IX of the Indian Aircraft Rules of 1920 covering Customs regula- tions, the Indian Carriage by Air Act of 1934 which covers the appli- cation of the WTarsaw Convention, the Indian Aircraft Rules of 1946 which pertain t.o public health requirements, and the recently issued Civil Aviation Ordinance of 1960 in which the President of Pakistan has reasserted the Governrnent~s power to make rules concerning the regulation of air transport services and commercial flying along with all other phases of civil aviation. ORDINANCE XXXII OF 1960 2 CIVIL AVIATION ORDINANCE. 1960 An Ordinance to v~.a lee better provision for the control of manufacture. possesmon. use, operation. sale. mnmport and export of aircraft, the control and regulation of air tran.~port sera ices, and the control and development of aeroc/romes in Pal -~taii. l~\Thereas it is expedient to make better provision for the control of manufacture, possession, use, operation, sale, import and export of aircraft, the control and regulation of air transport services, and the control and development of aeroclrome.s in Pakistan; Now therefore, in pursuance of the Proclamation of the seventh day of October 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance 1. ~S~hort title. exte'nt and application.-(1) This Ordinance may be called the Civil Aviation Ordinance, 1960. (2) It extends to the whole of Pakistan. and apl)lies to all citizens of Pakistan and pei~ons on any aircraft registered in Pakistan, wherever such citizens or iersomis may be, and to all persons on any aircraft while in Pakistan, but nothing in this Ordinance or the rules or any order made thereunder- (a) shall apply to or in respect of any aircraft belonging to or exclusively employed in the naval, military or air force of Paki- 1 See India. 2 The All-Pakistan Legal Decisions, Octoher 1960. p. 301; Gazette of Pakistan, Ex- traordinary, 27th July 1960; Central Stat. vol. XII, 1960. 1961 PAGENO="0560" 1962 AIR LAWS AND TREATIES OF THE WORLD stan, or persons employed in connection with any such aircraft, unless the Central Government, by notification in the Official Gazette, applies to any such aircraft or person, with or without modification, any of the provisions of this Ordinance or the rules; or (b) shall apply to or in respect of any lighthouse to which the Lighthouse Act, 1927 (XVII of 1927), applies, or prejudice or affect any right, or power exercisable by any authority under that Act. 2. Definitioiis.-In this Ordinance, unless there is anything repug- nant. in the subject or context,- (a) `aerodrome" means any area of land or water designed, equipped, set apart or commonly used or intended to be used, either wholly or in part, for affording facilities for the landing and departure of aircraft., and includes all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto; (b) ~aircraft" means any machine which can derive support in the atmosphere from reactions of the air, and includes balloons, whether captive or free, airships, kites, gliders and flying ma- chines: () "airport" means an aerodrorne at. which facilities have, in the. opinion of the Central Government, been sufficiently devel- oped to be of importance to civil aviation; (ci) "air transport service" means a. servi~e of aircraft for the purpose. of effecting public. transport. of passengers, goods, mails and other things; (e) "commercial flying" means flying for carriage by air of any passenger, mail or goods for hire or reward and such other flying for the purposes of any trade or business as may be specified by the Central Government. and "commercial flight" shall be con- st rued accordingly; (f) "export" meanstaking out of Pakistan; (g) "import" meanis bringing into Pakistan; (k) "landing area" means the part of the movement area in- tended for the. landing or take off run of aircraft; (1) "prescribed" means pre.scribed by rules; (;~) "purposes of civil aviation" include all purposes connected~ with air navigation except purposes of defence by air; (A~) "rules" means the rules made under this Ordinance. 3. Power to exempt. etc.-The Central Government may, by notifi- cation in the Official Gazette, either exempt from all or any of the l)roviSions of this Ordinance any aircraft or class of aircraft, and any person or class of persons, or may direct that all or any of such provi- sions shall apply to any aircraft or person subject to such modifica- tions or conditions as may be specified in the notification. 4. Power to ma1~e rules to implement certain International Uo'nven- tions.-The Central Government may, by notification in the Official Gazette, make such rules as appear to it. to be necessary for carrying out the provisions of- (a) the Convention on International Civil Aviation signed in Chicago on the seventh day of December, 1944, a.nd any amend- ment. of the Convention or Annex thereto made in accordance with the provisions of Article 94 of the Convention; PAGENO="0561" AIR LAWS AND TREATIES OF THE WORLD 196~ (b) the Convention on International Recognition of Rights in Aircraft signed in Geneva on the nineteenth day of June, 1948, and any amendment thereto; (c) The Convention on Damage caused by Foreign Aircraft to Third Parties on the Surface signed in Rome on the seventh day of October, 1952, and any amendment thereto; and (d) any other treaty, agreement or convention between Pakis- tan and any other country or any decision taken at any interna- tional body relating to civil aviation. 5. Power to make rules generally.-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for one or more of the fol- lowing matters, that is to say,- (a) the authorities by which any of the powers conferred by or under this Ordinance are to be exercised; (b) the regulation of air transport services and commercial flying, and the prohibition of the use of aircraft in such services and in commercial flights except under the authority of, and in accordance with, a license authorizing the establishment of any such service or flight; (c) 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 prescribed; (d) the licensing, inspection and regulation of aerodroines or airports, the conditions under which aerodromes or airports may be maintained, and the fees which may be charged for the use of, and for services provided at, such aerodromes or airports, and the prohibition or regulation of the use of unlicensed aerodromes or airports, and the regulation of conduct of persons at aerodromes or airports or in the vicinity of aerodromes or airports; (e) the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are manu- factured, repaired or kept; (/) the registration of marking of aircraft; (g) the conditions under which aircraft may be flown, or may carry passengers, goods, mails and other things, or may be used for industrial purposes, and the certificates, licenses or documents to be carried by aircraft; (h) the inspection or supervision of aircraft for the purpose of enforcing the provisions of this Ordinance and the rules, and the facilities t.o be provided for such inspection or supervision; (i) the conditions subject to which persons may be engaged or employed in, or in connection with, air navigation; (j) the licensing of persons employed in the operation, manu- facture, repair or maintenance of aircraft and at aerodromes or airports; (k) the c.onditions under which, and the aerodromes or airports to or from which, aircraft entering or leaving Pakistan may fly, and the conditions under which aircraft may fly over Pakistan or from one place in Pakistan to another; 39-737---65-Vol. II-- 30 PAGENO="0562" 1964 AIR LAWS AND TREATIES OF THE WORLD (7') the prohibition of flight by aircraft over any specified area, either absolutely or at specified times, or subject to specified con- (litiolls and exceptions (ii~ ) the supply. supervision and control of air-route beacons, aerodrome or airport lights. and lights at or in the neighbourhood of aerodromes or airports and on or in the neighbourhood of air- routes; (n) the formulation and observance of uniform standards in respect of obstruction clearances for areas adjoining the landing area at aerociromes and airports (o) the installation and maintenance of lights on private prop- erty in the neighbourhood of aerodromes or airports and on or in the neighbourhood of air-routes, by the owners or occupiers of such property~ payment by the Central Government for such in- stallation and lilaintenance, and the supervision and control of such installation and maintenance, including the right of access to the pl'opei'ty for such Irp~~, and the removal of lights, radio and electrical equipment and smoke producing apparatus which may endanger the safety of aircraft in the vicinity of aerodrornes or airports; (p) the regulation and making of signals and communications by or to aircraft, and by or to persons carried therein: (q) the measures to be taken for securing the requirements of obstruction clearances at aerodromes and airports, for the safety, efficiency and regularity of air navigation and the safety of air- craft, passengers~ goods, mails and other things carried therein, and for preventing aircraft from endangering other persons and l)I'operty: (i') the prohibition or regulation of carriage in aircraft of any specified article or substance; (s) the issue and maintenance of log-books; (t) the manner in which and the conditions subject to which any licence or certificate may be issued under this Ordinance or the rules, the examination and tests to be undergone in connection therewith, and the form, custody, production, endorsement, can- cellat ion, suspension or surrender of any such licence or certificate, or of any log-book: (u) the fees to he charged in connection with any inspection, examination, test, certificate or licence, made, issued, or renewed under this Ordinance or the rules (i') the recognition, for the purposes of this Ordinance, of licences and certificates issued elsewhere than in Pakistan relating to aircraft or to the qualifications of persons employed in the oper- ation, manufacture, repair or maintenance of aircraft; (w) the supply, for purposes of air navigation, of meteorologi- cal information by l)ersO1~s engaged or employed in connection with air navigation (~) the regulation of the use of the civil air ensign and any other ensign established by the Central Government in connec- tion with air navigatIon (~`) any matter subsidiary or incidental to matters referred to in this subsection. PAGENO="0563" AIR LAWS AND TREATIES OF THE WORLD 1965 6. Power to ma7~e orders ~n trn.es of war or emergency.-(1) In the event of war or other emergency, or in the interests of public safety or tranquillity, if the Central Government is of opinion that 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 of the licences or certificates issued under this Ordinance or the rules; (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 specified in the order, the flight of all or any aircraft or class of aircraft. over the whole or any part of Pakistan; (e) prohibit., either absolutely or conditionally, or regulate the construction, maintenance or use of any aerodrome or airport., air- craft 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 or airport, aircraft factory. flying-school or club, or place where aircraft are manufactured, re.paired or kept., together with any machinery, plant, material or things used for the opera- tion. mamifac.ture, repair or maintenance of aircraft shall be delivered forthwith or within a specified time, for being placed at the disposal of the Central Government, to such authority and in such manner as it may specify in the order. (2) Any person who suffers direct injury or loss by reason of any order made under clause (c) of subsection (1) or by the delivery of any aircraft or class or aircraft in pursuance of clause (d) of that sub- section, shall be paid such compensation as may be determined by such authority as the Central Government. may appoint in this behalf. (3) Any pe.rson interested in any such aerodrome or airport, air- craft factory, flying-school or club, or place where a.ircraft are manu- factured, repaired or ke.pt as is delivered in pursuance of clause (d) of subsection (1) shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, t.hat is to say,- (a) where the amount of compensation can be fixed by agree- ment, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the Central Gov- ernment shall appoint as arbitrator a person qualified for appoint- ment as Judge of a High Court; (c) the Central Government may, in any particular case, nominate a. person having expert knowledge as to the nature of the property acquired, to assist the arbitrator, and where such nomination is made, the person to be. compensated may also nomi- nate an assessor for the said purpose; (d) at the commencement. of the proceedings before the arbi- trator, the Central Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation: (e) the arbitrator in making his award shall have regard to- (i) the provisions mutatis mv.ta.'r~di~ of subsection (1) of section 23 of the Land Acquisition Act, 1894) : and (ii) The permanent or temporary nat.ure of the acquisition; PAGENO="0564" 1966 AIR LAWS AND TREATIES OF THE WORLD (f) an appeal shall lie to the High Court against the award of an arbitrator except in cases where the amount thereof does not exceed t.he amount prescribed in this behalf; (g) save as provided in this subsection or the rules, nothing in any law for the time being in force shall apply to arbitrations- under this subsection. (4) The Central Government may authorize such steps to be ta.ken to secure compliance with any order made under subsection (1) as ap-- pear to it to be necessar. (5) Whoever knowingly disobeys, fails to comply with, or does any act in contravention of an order made under subsection (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both, and the Court. by which he is convicted may direct that the air- craft or thing, if any, in respect of which the offence has been corn- mitted, or any part of such thing shall be forfeited to the Central Government. 7. Power to make rules for investigation of accidents.-(1) The Central Government may, by notification in the Official Gazette, make rules providing for the investigation of any accident arising out of or in the course of t.he navigation- (a) in or over Pakistan, of any aircraft: or (b) anywhere, of aircraft registered in Pakistan. (2) In particular and without prejudice to the generality of the foregoing power, sue-li rules may- (a) require notice to be given of any accident in such manner and by such persoii as may be prescribed. (b) apply for the purposes of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents; (c) prohibit-, pending investigation, access to, or interference with, an aircraft to which an accident has occurred, and authorize any person, so far as may be necessary for the purposes of in- vestigation, to have access to, examine, remove, 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 licence or certificate granted or recog- nised under this Ordinance or the rules, if it appears on investi- gation that. the licence ought to be so dealt with, and provide for the production of any such licence for such purpose. 8. Power to detain aircraft.-(l) Any authority authorized in this behalf by the Central Government may detain any aircraft, if in the opinion of such authority- (a) having regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other person or property; or (b) such detention is necessary to secure compliance with any of the provisions of this Ordinance or the rules or to prevent a contravention of any rule made under clause (i), (j) or (k) of subsection (2) of section 5. (2) The Central Government may, by notification in the Official Gazette, make rules regulating all matters incidental or subsidiary to the exercise of the. powers conferred by subsection (1). PAGENO="0565" AIR LAWS A~D TREATIES OF THE WORLD 1967 9. Power to ma/ce rules for protecting public health.-The Central Government may, by notification in the Official Gazette, make rules for the prevention of danger arising to public health by the introduction or spread of any infectious or contagious disease from aircraft arriving or being at an aerodrome or airport and for the prevention of the con- veyance of infection or contagion by means of any aircraft leaving an aerodrome or airport, arid in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or airports or any specified aerodrome or airport, rules pro- viding for any of the matters for which rules under sub-clauses (i) to (viii) of clause (p) of subsection (1) of section 6 of the Ports Act, 1908 (XV of 1908), may be made with respect to vessels and ports. 10. Emergency powers for protecting public /walth.-(1) If the Central Government is satisfied that Pakistan or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger. (2) In any such case the Central Government, without prejudice to the powers conferred by section 9, may, by notification in the Official Gazette, make such provisional rules with respect to aircraft and per- sons travelling or goods, mails and other things carried therein, and aerodromes or airports, as it deems necessary in the circumstances. (3) Notwithstanding anything contained in section 15, the power to make rules under subsection (2) shall not be subject to the condition of previous publication, hut 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. 11. Penalty for flying so a~ to cause danger.-Wliere an aircraft is flown in such manner as may cause unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and, unless he proves to the satisfaction of the Court that the aircraft was so flown without his actual fault or privity, the owner thereof, shall he 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. Expianation.-In this section "owner" in relation to an aircraft in- cludes any person by whom the aircraft is chartered at the time the offence is committed. 12. TVreck and .salia.ge.-(1) The provisions of Part VII of the Merchant Shipping Act. 1923 (XXI of 1923). relating to wreck and salvage shall apply to an aircraft in, on or over, the sea or in tidal Wa- ters. or on or over the shores of the sea or tidal waters as they apply to ships. and the Central Government may, by notification in the Official Gazette, make such modifications of the said provisions in their appli- cation to aircraft as appear to it to he necessary or expedient. (2) 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 in tidal waters, or on or over the shores of the sea or any tidal water, shall PAGENO="0566" 1968 AIR LAWS AND TREATIES OF THE WORLD be deemed to be salvage in cases in which they would have been sal- vaged had they been rendered in relation to a ship, and where services are. rendered by an aircraft to any property or person, salvour shall be entitled to the same reward for those services as lie would have been entitle(i to had the aircraft. been a ship. (3) The provisions of subsection (2) shall have effect notwith- standing that. the aircraft. concerned is a foreign aircraft and that the services in question are rendered elsewhere than within the linuts of the territorial waters of Pakistan. 13. Use of pitei~t.-The piovisioiis of section 42 of the Patents and Designs Act., 1911 (II of 1911), shall apply to the use of an invention on any aircraft not registered in Pakistan in like manner as they apply to the use of an invention in a foreign vessel. 14. Power to applij customs procedure.-The Central Government may, by notification in the Official Gazette, declare that any or all of the provisions of the Sea Customs Act., 1878 (VIII of 1878). shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air. 15. Provi.siors i'elatnq to rules.- (1) Rules may provide that a breach of any of them shall be punishable with imprisonment for a term not exceeding three months or with fine not exceeding one thou- sand rm~pees or with both. (2) Save as provided in subsection (3) of section 10, any power to make rules conferred by this Ordinance is subject to the condition of previous publication, and a period of not less than three weeks shall have elapsed between such publication and the making of the rules. 16. Penalt~j for abetment of offcnces and attempted off enees.- WThoever abets the commission of any offence under this Ordinance or the rules, or attempts to commit such offence. and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the. offence. 17. Power of court to order for feitu.re.~Where any person is con- victed of an offence for breach of any rule made under clause (1) or clause (r) of subsection (2) of section 5, the Court by which lie 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 Central Government. 18. Bar to certain ~uits.-No suit shall 1)e brought. in any civil Court in respect of trespass or in respect. of nuisance by reason only of the flight, of aircraft. over any property at a height. above the ground which having regard to wind, weather and all the circumstances of the case is reasonable. or by reason oniy of the ordinary incidents of such flight. 19. Protection of acts done in. good faith.-No suit, prose.cution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance or the rules. 20. Repeal.-The Aircraft Act., 1934 (XXII of 1934) is hereby repealed. PAGENO="0567" PANAMA PRELUIINARY NOTE There was no basic air law in force in the Republic of Panama until Decree-Law No. 19 was passed on August 8, 1963. The following executive decrees according to Article 221 of that Law, are still in effect insofar as they are not in conflict with Decree-Law No. 19. Decree No. 203 of April 25, 1961, modifying Decree-Law No. 5 of August 18, 1949, dealing with the National Aeronautics Board, licensing of air carriers, arid their liability; Decree No. 236 of November 21, 1935, giving jurisdiction over aviation to the Secretary of Foreign Affairs; Decree No. 147 of August 23, 1932, regulating commercial avia- tion in general; Decree No. 148 of August 23, 1932, regulating aviation schools; Decree No. 149 of August 23, 1932, regulating the use of parachutes; Decree No. 150 of August 23, 1932, regulating entry into, and departure from Panama by air; Decree No. 7 of January 19, 1937, regulating scheduled air traffic. There is, in addition, the Law 29 of December 11, 1936, dealing with the organization of commercial aviation in Panama by providing for the establishment of a government supported national air carrier. Regu?at~on on Natio~ial A viation 1 DECREE-LAW NO. 19 OF AUGUST 8, 1963 The President of the Republic, pursuant to the extraordinary pow- ers conferred on him by Article 1, Section 3 of Law 56 of 1963, having heard the favorable report on this matter by the Cabinet Council, and with prior approval of the Permanent Legislative Commission, and, WHEREAS: The growing development of civil aviation in general and of air transportation in particular, within the Republic of Panama requires an adequate regulation, in order to promote safety of air navigation, facilitate security and efficiency in air services, strengthen the eco- nomic structure of the Nation, and broaden and reaffirm our economic and cultural relations with other nations; Panama~ is a memhe.r of the International Civil Aviation Organiza- tion, and [whereas] the standards approved by this organization should be, as far as possible, incorporated in our domestic legislation for proper observance; 1 Published in Gaceta Oficial, September iS, 1963. 1969 PAGENO="0568" 1970 AIR LAWS AND TREATIES OF THE WORLD THEREFORE DECREES TITLE I. CIVIL AVIATION IN PANAMA Sovereignty and Organization CHAPTER I. GENERAL PRINCIPLES Article 1. Sovereignty. The Republic of Panama has complete and exclusive sovereignty over all the air space above its continental and insular territory com- prised between Colombia and Costa Ric.a, and over its territorial seas. Article 2. .Jnrisdiction. 1) The Panamanian State exercises jurisdiction in the space ab6ve the national territory and its territorial seas, in conformity with the Constitution and laws of the Republic, the regulatory decrees, and the international agreements on civil aviation ratified by the Republic. 2) All civil aircraft within the national territory or air space, as well as their crews, passengers and cargo, shall be subject to the juris- diction and competency of the Panamanian authorities. Article 3. Jur,sdiction on board aircraft. The following are subject to Panamanian jurisdiction: a) Acts performed, events occurring, and crimes and misde- meanors committed on board Panamanian aircraft, within the territory or airspace of the Republic, or during a flight over the high seas or over territories not subject to the sovereignty of another State; b) Acts performed, events occurring, crimes and misdemeanors committed on board Panamanian aircraft during a flight over territory of a foreign State, except in those cases related to the security or public order of the subjacent State; c.) Acts performed, events occurring, crimes and misdemeanors committed on foreign civil aircraft flying over the territory of Panama or which are parked thereon, when such acts, events, crimes or misdemeanors relate to the security or public order of Panama. In addition, in the case of a crime committed during the flight of a foreign aircraft, the law of Panama shall be ap- plicable if the first stop following the crime is made on the soil of the Republic, unless there is a request for extradition. CHAPTER II. REGULATION AND ADMINISTRATION OF CIVIL AVIATION IN PANAMA Article 4. Executire Agency. The regulation of Civil Aviation in Panama is the function of the Executive Power, through its Ministry of Government and Justice, in accordance with the provisions of the present Code. Article .5. National Board of Civil Aeronautics. 1) The National Executive Power shall be advised by a consultative agency to be known as National Board of Civil Aeronautics. 2) The Board shall be composed of nine (9) members, as follows: The Minister of Government and Justice, who shall preside; PAGENO="0569" AIR LAWS AND TREATIES OF THE WORLD 1971 The Minister of Foreign Relations, who shall be Vice-Presi- dent; The Director General of Civil Aeronautics, who shall act as Secretary; The Administrator of the National Airport of Tocurnen; The Manager of the Panamanian Tourist Institute: One (1) Panamanian pilot with a. national or international com- mercial license, appointed by the Executive for a period of four (4) years, and Three (3) Panamanian citizens appointed by the Executive for a period of four (4) years, who must be of acknowledged moral reputation, with knowledge of aeronautics or law, and who have no direct or indirect relation with airline companies. With the exception of substitutes for the two (2) Ministers, who shall be their respective Assistant Ministers; of the substitute for the Director General of the Civil Airport, who shall be the Chief of Air Safety; and the substitute for the Administrator of Tocumen, who shall be the Assistant Administrator of Tocumen, t.he Execmstive, shall designate the substitutes for all other members of the Board, who must possess the same requirements as the principals. The term of four (4) years, referred to in this article for the pilot and the three (3) Panamanian citizen members of the Board, shall commence on the first of November of 1964. The present Board of Civil Aeronaut.ic~s shall continue in its func- tions until October 21, 1964. The members of the Board of Civil Aeronautics shall receive from the National Treasury a per diem of twent~y baThoa~ (B/.20.OO) per meeting up to the maximum of four (4) meetings a month. 3) At the request of the Minister of Government and Justice, the Board shall formulate the recommendations it deems proper in the following matters: a) The standards, rules, and procedures related to civil air transport.; t.he contracts and agreements which domestic com- panies conclude on air navigation and mutual facilities with do- mestic or alien companies or enterprises; and the flight frequencies and rates for air services, regulating the capacity of the traffic; b) The issuance of certificates of operat.ion to airlines and corn- merc.ial air services; c) The rates for air transportation of passengers, freight and mail within the national territory and abroad d) The aeronautical fees and taxes to be charged at the air- ports and airdromes, and for administrative services related to civil aviation; e) The advantages of having the Republic ratify, adhere to, or terminate international conventions concerning civil aviation; f) Policy matters as to air navigation and air transport: g) All matters submit.ted to its consideration by the Executive Branch. In addition, the Board may formulate suggestions which it deems proper to the development of civil aeronautics in Panama.. Article 6. General Bureau of Cicil Aerona.u tics 1) The management., administration and supervision over Civil Aeronautics in Panama shall be in charge of an administrative agency PAGENO="0570" 1972 AIR LAWS AND TREATIES OF THE WORLD to be known as General Bureau of Civil Aeronautics, and which shall be subordinate to the Ministry of Government and Justice. 2) In addition to the functions indicated in the present law and the regulations issued thereunder the General Bureau shall be charged with: a) The study and proposal to the Minister of Government and Justice of any measure or regulation to increase safety and im- prove the efficiency of air navigation in Panama, and for the development of aviation generally; b) The. care of problems related to the observance of interna- tioiia.1 agreements re.garding civil aviation approved by the Re- public, and of every other matter concerning the international agencies concerned with civil aviation. 3) Commencing on the first of March of 1964, the General Bureau of Civil Aeronautics shall have the following administrative and tech- nical staff for the exercise of the functions stipulated by this Law and the regulation issued thereunder. The Director General of Civil Arenouatics, the Assistant Director of Civil Aeronautics; one (1) Secretary, one (1) Chief of Air Safety, two (2) Technical Flight Inspectors, two(2) Technical Inspectors of Aircraft and Engines, and two(2) Technical Airport Inspectors. The salaries of these officials shall be included in the Budget of Revenue and Expenses of the next fiscal year, in accord with the Gen- eral Law on Salaries. The functions of the personnel of the Bureau of Civil Aeronautics are incompatible with the performance of any service or activity in aviation enterprises. 4) The Director General of Civil Aeronautics and other technical personnel of the Bureau appointed by th~ Executive Power must have certificates which attest to their experience and competency in civil aviation and their fitness to perform their respective duties. Article 7. Jurisdiction of other ill inistries. 1) The execution of national public works for civil Aeronautics shall be under the jurisdiction of the Ministry of Public Works. 2) The regulation and application of the provisions of the present Law affecting fiscal, immigration, health, and labor matters shall be under the jurisdiction of the competent authorities in the respective Ministries, including the application to aeronautical matters of other laws and regulations on the same subjects. TITLE II. AIR NAVIGATION CHAPTER I. Aincn&i-r SECTION I. GENERAL PROVISIONS Article 8. Defiintion. For the pui~poses of this Law and the regulations issued thereunder, an aircraft shall be considered to be any machine lighter or heavier than air which can support itself in the atmosphere by reaction of the air. Artic7e 9. C7~'ssificat~on. 1) Panamanian aircraft~ are classified as State aircraft and civil (private) aircraft. State aircraft are those owned by the State, the PAGENO="0571" AIR LAWS AND TREATIES OF THE WORLD 1973 municipalities, or by autonomous or semi-autonomous government agencies. All others shall be considered civil aircraft, whether in public or private service. ~) Civil aircraft permanenlty used in the service of the State shall be considered as State aircraft. 3) The articles of the present Law are not applicable to State air- craft unless the contrary is stated. SECTION 2. REGISTRATION AND NATIONALITY Jrt~c7e 10. Registration Records. 1) It~ is the duty of the General Bureau of Civil Aeronautics to niaintain current under the authority of the Ministry of Government and Justice, the Aircraft Register, in which there may be recorded oniy the following: a) Panainaiiian State aircraft, except military; b) Civil aircraft. for public transportation or air services, ex- clusively owned or operated by national physical or corporate per- sons, legally authorized to operate. them; c) Civil aircraft for private service owned by or operated in Panama by national or foreign physical or corporate persons. Registration shall be subject to the general condition that aircraft comply with the technical conditions reciuirecl by the applicable regu- lations and are not. registered in another country. ~) The registration of an aircraft. in the Register confers on it Panamanian nationality. A rt;cie 11. Applications. The registration of an aircraft in the Aircraft Register must be re- quested by the physical or corporate owner of the aircraft or his agent. Article 12. Certificate of Registration. A registration certificate, conforming to the model prescribed by international standards, shall be issued to the owner or operator of the. aircraft a.nd must always be carried in a visible location thereon. Art ide 13. Prohibition of Registration in Aim ot her Count ~ No aircraft which has been registered in the Republic may do so in another country, as long as it. has not cancelled its Panamanian regis- tration. Article 14. Cancellation of Registration. 1) The registration of an aircraft in the Aircraft Register shall be cancelled, upon application of the interested party or ex officio, as follows: a) `When said aircraft is to be registered in another country; b) `When the ownership of the aircraft was acquired by a per- son not included among those listed in Article 10; c) When the aircraft has been totally destroyed, or presumed lost in accordance with the Law, and when, in cases of disappear- ance without justification, ninety (90) days have elapsed from the date of the last. notice thereof. ~) By cancellation of registration in the Aircraft Register, the reg- istered aircraft shall lose its Panamanian nationality. PAGENO="0572" 1974 AIR LAWS AND TREATIES OF THE WORLD Artele 15. Regulatiwis. In order to obtain, amend, or cancel the registration of an aircraft, the formalities stipulated in this Law and in the regulations issued thereunder must be observed. SECTION 3. MARKS Article 16. iVa.tioi~a.lit~' a'nd Registration Marks. The nationality marks for Panamanian civil aircraft shall be the letters "HP"; the registration mark shall consist of a group of num- bers added to this nationality mark, as determined by the General Bureau of Civil Aeronautics. Article 17. Location of Marks. 1) All Panamanian aircraft must be identified by the Panamanian flag and tile distinctive marks of their nationality and registration, located in a visible place on the outside of tile aircraft, in accord with the rules contained in international regulations. 2) Any aircraft shall bear, in a visible place. near the principal entrance, all identification plate of fireproof material, on which shall be inscribed at least. the marks of nationality and registration. SECTION 4. AIRWORTHINESS Article 18. Conspetent Authorities. It. is a duty of the General Bureau of Civil Aeronautics to issue., re- validate or validate certificates of airworthiness for all aircraft recorded in the Register. Article 19. I.ssua nec and Talidat~on. 1) A certificate of airwortiliness shall be issued only on a previous written report of a Technical Inspector of Aircraft and Aviation Engines, appointed for this purpose by tile General Bureau of Civil. Aeronautics, who shall personally verify tile condition of the aircraft ill the manner prescribed ill the respective regulation. 2) Tile expenses occasioned by the inspection of an aircraft shall be charged t.o tile illtereSted parties in accord with a rate schedule fixed by Execut.ive Decree. 3) Nevertheless, certificates of airworthiness issued in a foreign country may be recognized or validated, plirsuant t.o the standards contained in the illterllat ional regulat ions. Article 20. Form of Certificate. The certificates of airworthiness issued by the General Bureau of Civil Aeronautics must be. ill conformity with the. model approved by tile international regulations. Article 21. AS~spension or cancellation of Certificate. The General Bureau of Civil Aeronautics may suspend or cancel a certificate of airworthiness when the aircraft does not fulfill the neces- sary requirements. In such cases the interested paity shall be hrst heard. and a. 1)eriOd of time shall be granted to him for proof and defense. Nevertheless, for reasoiis of safety, the certificate may be suspended without the above ment i onecl procedure. PAGENO="0573" AIR LAWS AND TREATIES OF THE WORLD 1975 SECTION 5. OF FEES FOR AIRCRAFT AND TilE AIRCRAFI' REGISTER Article 22. Aircraft. For the purposes of this section, the term "aircraft" shall include the combination of the fuselage, the engines, the propellors, radio appara- tus. an(l any other equipment necessary for its operation. Art i~cie 23. Legal \ature. Aircraft, even though they are pei~sonal property by nature, consti- tute a special class of personal property governed by the rules of civil and commercial law, except as amended by the provisions of this Section. Art;cle 24. Sale of Aircraft. 1) The sale or transfer of an aircraft must be made by public in- strument. If the act takes place abroad, it shall be incorporated in the proper document conforming to the formalities of the place, and shall have a certification by a notary or other competent authority, to the effect that, in his presence, the seller has proved that he is owner of the aircraft, and that the person signing in his name had the power to execute the instrument of sale. Documents issued abroad shall be authenticated by the respective consul of the Republic, and in his absence, by one of a friendly nation. 2) All judicial sales of aircraft shall be at public auction, in con- formity with legal procedures. Article 25. Aircraft Mortgage. An aircraft is subject to mortgage and to sale with reservation of title [conditional sale], as is a complete fleet belonging to an airline company. Insofar as not covered by this Law, such mortgage shall be governed, by the provisions applicable to chattel mortgages. Article 26. Preference [in liens]. The encumbrance mentioned in the preceding article shall have pref- erence over any other encumbrance, with the following exceptions: a) Indemnity for assistance or salvage of the alrcraft; and, b) Indispensable expenses for preservation of the aircraft. Article 27. Attachment or Seizure. In case of judicial seizure of any aircraft used for public air trans- portation service, the authority decreeing the measure shall imme- diately communicate the fact to the General Bureau of Civil Aero- nautics in order that the latter may take the necessary measures so as not to prejudice the service. Article 28. Aeronautical Register. In the Public Register there shall be a Section to be known as "Aero- nautical Section," in which shall be recorded: a) The deeds by which ownership and other property rights in Panamanian civil aircraft are constituted, acquired, transferred, modified, burdened, or extinguished; b) leases and charter contracts; . c) judgments of attachment or seizure, writs, or other judicial or administrative decisions affecting title or ownership of air- craft. PAGENO="0574" 1976 AIR LAWS AND TREATIES OF THE WORLD Article ~9. Lack or Registration. The documents referred to in the preceding article shall not affect third persons except from the date of their presentation for registra- tion in the Aeronautical Section. Article 30. Regulatio~n. The Executive Power, having heard the opinion of the Board of Civil Aeronautics, is authorized to administer the Aeronautical Sec- tion in all aspects, to prescribe the information which must be in- corporated in the deeds and contracts referred to before they may be registered, as well as [to prescribe] the formalities of registration. CHAPTER II. AVIATION PERSONNEL Article 31. Categories. Technical aviation personnel shall include: a) persons enga.ged in operation of an aircraft as pilots or other members of the crew; and, b) persons on the ground in charge of air traffic control, in- spection, maintenance and repair of aircraft, engines or other equipment, or who serve as flight dispatchers. A i'ticle 32* Licenses. Technical aviation persoimel must hold licenses and certificates. Article 33. Competent Authority. It is a duty of the General Bureau of Civil Aeronautics to issue, revalidate, and validate licenses and certificates. Article 34. i?eq~iii'einents for Issuii~g Licenses. Upon recommendation of the Civil Aeronautics Board, the Execu- tive Power, shall7 in conformity with the standards of international regulations in this field, prescribe as to the categories of pilots and other members of aviation personnel, and the requirements they must fulfill in order to acquire their licenses and certificates in the respec- tive categories. The respective regulation shall also prescribe the effective dates, conditions for renewal, revalidation, validation, suspen- sion, and revocation of said licenses and certificates. Article 35. Talidat'on of Licenses. The General Bureau of Aeronautics may recognize or validate the licenses and certificates issued abroad by the competent authorities, provided the requirements under which they were issued or declared valid are at least equal to the minimum standards required in Panama for issuance of such licenses and certificates, and provided that in said countries similar licenses issued in Panama are recognized and validated. Art ic7e 36. ?~7ationa7ity of Personnel. 1) The crews and other technical aviation personnel defined in Ar- ticle 31 of this Law and in the service of national aviation enterprises, and in all commercial aircraft and transport aircraft of Panamanian registration shall be Panamanian nationals. 2) Airlines may hire foreign technicians until Panamanian per- sonnel can be technically trained to provide the service, and such PAGENO="0575" AIR LAWS AND TREATIES OF THE WORLD 1977 [training] shall be completed in a period of not more than one (1) year, but the captain, as well as the remainder of the crew, must be Panamanians. 3) For aviation services such as aerial crop-dusting, low level flights, etc., the Executive may issue temporary permits to foreign pilots coming to the country to perform these services on an occasional basis, provided that there is evidence that no Panamanian person is available for such service. 4) The technical ground personnel of all foreign airlines operating in the country must be Panamanian in the proportion stipulated by the respective laws. Article 37. Aircraft Commanders. The commander of any aircraft must be a pilot. His functions shall be defined in this Law and the regulations issued thereunder. Article 38. Flight Hours. The Executive after having heard the opinion of the Civil Aero- nautics Board, shall fix the limit of flight hours which must be ob- served by pilots and other crew members in public air transportation and aerial service companies. Article 39. Flight Time. 1) The flight hours accumulated by any pilot or other member of the flight crew must be recorded in a personal log of flight time, the form of which shall be prescribed by the General Bureau of Civil Aeronautics. The pilot or other member of the flight crew applying for the issuance, revalidation, or validation of a license or certificate must present his log of flight time. 2) The flight time shall be the total time elapsed from the moment in which the aircraft moves by its own force for the purpose of taking off, up to the moment in which it stops at the end of the ifight. CHAPTER III. AIRDROMES SECTION 1. GENERAL PROVISIONS Article 40. Definition. An airdrome shall be deemed to be any defined area on land or water, including all of its buildings and equipment, used entirely or partially for the arrival, departure, and movement of aircraft. Article 41. Classification. 1) Civil airdromes, airports, and landing fields are classified as national and private, according to the legal rules of ownership to which they are subject. 2) The respective regulation shall classify the airdromes and spec- ify the conditions and technical requirements for each category. SECTION 2. CONSTRUCTION OF AIRDROMES Article 42. National Airdromes. 1) The Executive Branch, through the Ministry of Government and Justice, after having heard the opinion of the Board of Civil Aeronautics shall establish, maintain, and modify, in conformity with PAGENO="0576" 197S AIR LAWS AND TREATIES OF THE WORLD the international regulations. all iiational airdromes, aids to air navi- gation~ and any facilities necessary for domestic or international services. 2) The following may be declared to be of public use and subject to forced expropriation [eminent domain] a) The lands necessary for the construction or enlargement of national airdromes or for the establishment of auxiliary serv- ices: and, b) Any right in an established airdrome or in lands which is necessary to construct or enlarge an airdrome. 3) The corresponding declaration shall be made by the Ministry of Government and Justice which shall communicate its decision to the competent authority, for the purpose of initiating the expropriation proceedings through legal channels. j~t;~7~ 4~3. Pricatc Ai,deoine~ and Landii~q Felds. 1) For the construction and operation of airdromes and landing fields under private ownership, authorization in advance by the Gen- eral Bureau of Civil Aeronautics shall be required, which, if it deems it necessary, may assume the functions of advisor in such constructions, may inspect them, and also close down any airdromes which do not fulfill the necessary conditions for safety. ) Private airdromes and their installations may be declared to be of public use and subject to forced expropriatioli under the conditions of the preceding article. SECTION 3. AIR SERVITtDES (EASEMENTS) Article 44. Obstacles. The constructions and installations on lands adjacent to or near airdromes, within the restricted and safety zones thereof, shall be sub- ject to the restrictions prescribed in the respective regulations. Article 45. iIar~~'ii~g of Obstacles. Objects or pa1~s thereof within the boundaries of approach area and which project above the horizontal surface shall be considered as obstacles, and shall be marked. Article 46. Restriction.s. For construction within the restricted areas of water tanks, build- ings, radio and television aerials, and other structures which may constitute obstacles to air navigation and are over seventeen (17) meters in height, shall require a special permit issued by the Civil Aeromiautics Bureau, following consultation with the Municipal Engi- neer of the respective locality and which shall be based on the respec- tive regulations of the Executive ill this matter. SECTION 4. FSE AND OPERATION OF AIRDROMES A rticle 47. Corn peten t Authority. 1) All civil airdromes and airports of the Republic ar~ subject to the cont.rol, inspection, and supervision of the General Bureau of Civil Aeronautics. PAGENO="0577" AIR LAWS AND TREATIES OF THE WORLD 1979 2) National airdromes are open to public air traffic by any aircraft, which is suitable for the technical specifications of each airdrome, and against payment of the fees approved by law. Article 48. International Airports. 1) International airports shall be those declared to be such by the Executive Power, and which have capacity for the corresponding in- ternational services of Immigration, Customs, and Health, in addi- tion to possessing the required technical installations. 2) The Executive Power may also establish a free zone at any in- ternational airdrome or airport. Artiole 49. Restriction. The use of private airdromes and landing fields may be restricted partially or wholly by the Executive, during war or national dis- turbances. Artiole .5~ Airdrome Administrator. 1) At civil airdromes in the Republic, the highest authority shall be exercised by an Administrator appointed by the Executive insofar as concerns the internal administration of the airdrome. 2) At' national and international airports, the Administrator shall coordinate the activities of the officials of Immigration, Customs, Health, and Police, and shall have disciplinary authority over the employees of any of these~ services, as long as such employees are per- forming their services at the airport iuider his supervision. ChAFFER I'\'. ATJXILIARY SERVICES TO NAvIGATION Aitiole .51. C!7c,ssifi(if~on Services which are auxiliary to air navigation are those of air traf- fic control air racliocommunications, weather reports, day or night bea- conage services (aural and visual signals by radio), services for search and salvage, aeronautical information, and any others necessary to guarantee safety, regularity, and efficiency of air navigation. Article .52. Competent Ant/writ. 1) The control of all auxiliary services to air navigation shall be under the. jurisdiction of the Ministry of Government and Justice. In the performance of this duty it shall enact the measures necessary to the greater safety, regularity, and effectiveness of flights, for the pui'pose of protecting human life and pr0pei~ty. 2) Wrhen it is in the national interest, the Executive hay grant per- mission to individuals or entities to render such services deemed to be of public use. {These] shall be under the supervision of the General Bureau of Civil Aeronautics. The Executive shall fix the rates to be paid by persons using of such private services, until such time as the Government may assume them. Article 53. Air Communications. 1) The Executive shall take any regulatory measures deemed neces- sary to establish a. national network of air communications. 2) The operation of systems and equipment of air radiocommunica- tion already in existence in the country, as well as the installation and operation of those to be established in the future shall be subject to the supervision of the General Bureau of Civil Aeronautics. 29-7~7---~5--VoL II-37 PAGENO="0578" 1980 AIR LAWS AND TREATIES OF THE WORLD 3) The persons or entities engaged in air transportation who are owners of air radiocommunication equipment shall obey the instruc- tions of the General Bureau of Civil Aeronautics as to the adequate distribution of such eqUipment, for the purpose of improving the tele- communication services throughout the national or international air routes. Arth'ie 54. Meteo~o7oqy. After the National Meterological Service has been established in the. Republic, it shall work in coordination with the General Bureau of Civil Aeronautics for the purpose of linking this service with the national network of air communications. A;t~7e .55. ~ecii~/' /,i~'7 ~`7ccqe. 1) The General Bureau of Civil Aeronautics shall create auxiliary centers of search and salvage in the locations it believes appropriate. :~ Operations of ~earch and salvage, whether of a private or official nature, shall be undertaken under the direction and control of the General Bureau of Civil Aeronautics. Jiticle 56. Au~ I'nfOi'Ifl at ~Ofl. When deemed convenient, and at the appropriate place., the General Bureau of Civil Aeronautics shall create a service of air information. CHAPTER `\. CONDITIONS OF Am T Art;c/c 5,'. Jj i?O 7(71q,' of f7~ Len'. The pilot commander of any aircraft flying over Panamanian terri- tory must have knowledge of the laws and regulations governing air navigation in the cotmt ry. Avtc?e .58. (iic~ia7 CoiItoia~. 1) No aircraft. may overfly, land on, or take off from territory of the Republic, unless it. fulfills the following requirements a) carries the nationality and registration marks of the State where the aircraft is registered; b) is in an airworthy condition: c) is under the control of a flight crew whose members hold valid licenses and certificates recognized in the Republic; d) has on board the documents enumerated in the following article; e) acts in conformity with all rules on flight and operations mentioned ill the present Law anti tile regulations issued there- under. 2) The General Bureau of Civil Aeronautics may exempt in writing from observance of the condition in sections (d) and (e) an aircraft whic.h operates in Panama only in test flights, or engages in certain aerial work or in private flights. Art e7e 59. Fl~g/Lt Papeis. With the exception noted in paragraph 2 of the preceding article, any aircraft undertaking a flight must carry on board tile following papers: a) Registration Certificate; b) Airworthiness Certificate; PAGENO="0579" AIR LAWS AND TREATIES OF THE WORLD 1981 e) Licenses proper to each crew member; d) Flight Log; e) If carrying radio apparatus~ the correspondmg license; And, in addition, f) If the aircraft. carries passengers. a list of their names and the places of boarding and destination; g) If carrying cargo, a manifest and waybills. Article 60. FligJ~t Log. 1) In addit.ioii to listing the marks of nationality and registration and the name of the owner, the flight log of an aircraft must. indicate for each flight: the elate, nature of the flight (private, aerial services, scheduled or non-scheduled air transportation), the names of the crew, the place and hour of departure. the place and hour of arrival, any incidents or observations, the signature of the chief pilot, and, where pertinent, the visas of the competent authorities. 2) The chief pilot shall be responsible for entering these facts in the flight log. Article 61. Radio Equipment. 1) All aircraft u~ecl in public, air transport service with capacity for five (5) or more passengers. and my other aircraft used in public or private service which, in the jucignient of the Civil Aeronautics Board so requires it, must be provided with the necessary radio equip- me.nt. The license for use of such equipment must be obtained from the competent authority. 2) When an air aircraft of Panamanian registry makes a flight to another country, it shall use its radio equipment subject to the regu- lat ions of the State it is overfiying. 3) When overflying the territory of the Republic, all aircraft of foreign registry carrying radio equipment must possess a license issued by the State of registry. Such equipment shall be used only by au- thorized personnel. Article 62. Landing and Tah'e-off. 1) With the exception of emergency or forced landings, the arrivals and departures of any national or foreign aircraft in international flight. may take ~iace only at international airports duly designated as such. 2) Upon arrival or departure of any aircraft in international flight., the competent authorities, particularly the administrators of airports, may inspect and examine the certificates and other documents pre- scribeci by this Law and the regulations issued thereunder. 3) Aircraft and its crew and passengers, while they remain on the ground or in the airspace of the. Republic, shall be subject to Pan- amanian law. Article 63. Prohibited and restricted Zones. 1) For reasons of safety, the Executive may declare parts of the territory of the Republic as zones prohibited or restricted for air navi- gat.ion. Danger zones may also be designated therein, [wherever] activities are carried on which constitute or may constitute a danger to overflying aircraft. PAGENO="0580" 1982 AIR LAWS AND TREATIES OF TIlE WORLD 2) It shaH not be permitted to overfly prohibited zones. In the cases of restricted zones the aircraft must observe all limitations and restric- tions established thereon. Article 64. Inaccessible Regions. The General Bureau of Civil Aeronautics may require, for reasons of flight safety, that aircraft wishing to fly over inaccessible regions or lacking the necessary facilities for air navigation must follow desig- nated routes and hold special permits, to operate such flights. Article 6~5. Photographic Equipment. The Executive may regulate the use of photographic equipment on board aircraft overflying the territory of the Republic. Article 66. Prohibited Transportation. 1) It shall be prohibited to transport t.he following: a) On any aircraft in international service, any articles which, according to international agreements approved by the Republic, are not in open commerce; b) On civil aircraft in public transportation service any arms and war munitions, [or] explosives and inflammable materials, unless the operator of the aircraft holds a permit issued by the competent authorities in the form established by the regulations, or persons under the influence of narcotics or in an obvious state of intoxication. 2) The transportation of cadavers or of persons who have a conta- gious or mental illness may be made only with permission of the com- petent health authority. Article 67. Military Aircraft. The operation of military aircraft on national air routes, in con- trolled traffic zones, or at civil airdromes, is subject to the provisions on air traffic contained in this Law and its regulations. CHAPTER `U. AIR TRAFFIc Rtir~s SECTION 1. GENERAL PROVISIONS Article 68. Application of Rules. 1) All aircraft in the territory of Panama, or which fly in the air- space of the Republic shall obey the rules contained in the present chapter. 2) These Rules shall also apply to all aircraft registered in Panama, wherever located, provided they are not contrary to the rules of the State which has jurisdiction in the territory which they overfly. Article 69. Liability of tke Commander. 1) The pilot commander, whether or not he is at the controls, shall be responsible that the operation of the aircraft is performed in accord with the present Rules. Except as otherwise instructed by the air traffic control, the pilot commander may decide to make the flight under visual flight rules or under instrumental flight rules. He may deviate from these rules only under circumstances which make such deviation absolutely necessary for reasons of safety. PAGENO="0581" AIR LAWS A~D TREATIES OF THE WORLD 1983 2) The pilot commander shall have complete authority over all matters related to the aircraft while he is in control thereof. 3) The pilot commander shall, on his own responsibility, apply to the instructions of the competent air traffic control. SECTION 2. PREPARATION FOR FLIGHT Artkle 70. Preparation b~' the Commander. 1) Prior to starting a flight, the pilot commander must familiarize himself with all available data applicable to the proposed flight. For flights which are not limited to the vicinity of an airdrome and for all instrumental flights, the pilot commander must, as to the route fol- lowed, make a detailed study of the weather reports and forecast.s; of the navigation aids; of the airdromes; and of the rules of air traffic control. 2) When this chapter so prescribes, the pilot commander shall sup- ply the competent air traffic control with a flight plan containing all information respecting the planned flight or any part thereof, either prior to departure or during the flight. Ai~t;cle 71. F7ght plan. 1) A flight plan must be presented prior to undertaking an instru- ment flight in a controlled airspace, on the routes or in the areas which have advisory services, or in any other areas as required by air traffic control. 2) The General Bureau of Civil Aeronautics may also require a flight plan to be presented before undertaking a flight within certain areas along certain routes or across international frontiers, in order to facilitate the supplying of search and salvage services. SECTION 3. GENERAL RULES OF AIR TRXFFIC Article 7~. Prokibition.s. 1) No aircraft may be operated negligently or imprudently so as to place the life or property of others in jeopardy. 2) No aircraft may undertake acrobatic flights which constitute a danger to air traffic. 3) No aircraft may undertake acrobatic flights over groups of buildings in cities, towns, or inhabited places, or over groups of people out in the open, unless it h~s obtained the corresponding permission of the General Bureau of Civil Aeronautics. 4) No pelsoll may pilot an aircraft or act as a flight crew member while under the influence of alcoholic beverages or of any narcotic or drug. 5) No night flights shall be made out of airports which are not equipped for this purpose. Article 73. Jliniinuin safe Alt;t~des. 1) Unless it possesses a permit from the General Bureau of Civil Aeronautics, no aircraft may overfly groups of buildings in cities, towns, or inhabited places. or over groups of persons out in the open, unless it flies at an altitude which will permit, in case of emergency, to make a landing without endangering persons or property on the ground. PAGENO="0582" 1984 AIR LAWS AND TREATIES OF THE WORLD 2) Over cities, inhabited areas, or over groups of persons, this alti- tude shall not be less than one thousand (1,000) feet above the highest obstacle situated within a radius of two thousand (2,000) feet from the aircraft; over other places, the altitude shall not be less than five hundred (500) feet above land or water. 3) These minimum altitudes shall not be applicable: a) to landing or take-off; b) in cases of force majevre; c) to flights in aerial work, in compliance with a permit from the General Bureau of Civil Aeronautics; and, d) to training flights. Article 74. Jettisoiiing of Artic7es. 1) Nothing may be jettisooed from an aircraft in flight which may constitute a danger to IeI~soI~ or property on the ground. 2) Exceptions to this proi~1oitioii are a the jettisoning of ballast; b) the dumping of fuel, in case of emergency, but always over areas where this will not cause damage; c) the dropping of provisions or equipment during salvage operations. 3) The General Bureau of Civil Aeronautics may also authorize the jettison, in places difficult of access or under special circumstances, the dropping of some objects including postal matter, and the spread- ing of chemicals in agricultural or health aerial work. 1'; ~ The following may be undertaken only with permission of the General Bureau of Civil Aeronautics and in conformity with the re- quirements prescribed therefor a) Descent of liersolis in parachutes, except in cases of em ergencv: b) Towing of objects; c Lifting of persons or objects by an aircraft in flight. SECTION 4. PREVENTION OF COLLISION Article 76. Necessa?~y T7igilance. For the purpose of avoiding possible collisions, the vigilance by the flight crew must not be neglected on board the aircraft; no provision of this Chapter shall exempt the pilot commander from his duty to act in the most efficient manner to avoid a collision. Artic7e 77. Proximiti~i. 1) No aircraft. may fly near another in a manner that may cause danger of collision. 2) Aircraft may not fly in formation except when an agreement in advance has been made between the pilot commanders, and after notice to the air traffic. services, and then only in daytime and under VFR weather conditions. CHAPTER VII. INVESTIGATION OF AVIATION ACCIDENTS Artic7e ~8. DefiniWon.. For the purposes of this Chapter, an aviation accident is any event related to the use of an aircraft \vllich occurs during the period be- PAGENO="0583" AIR LAWS AND TREATIES OF THE WORLD 1985 tween the moment when a person boards the aircraft for the purpose of making a flight, and the moment in which all persons have disem- barked, during which: a) Any person dies or suffers serious injuries as a result of being inside the aircraft, on it, or in contact with it or with anything belonging to it; or, b) the aircraft suffers considerable damage. Article 79. Accidents occurring in Panama. 1) Any person having knowledge of an air accident should coinmu- nicate by the most rapid means possible with the General Bureau of Civil Aeronautics and with the nearest authorities. 2) Air inspectors or, in their stead, the Administrator of the near- est airport., have a duty to appear personally at the place of accident, take the appropriate measures, and make an immediate report to the Director General of Civil Aeronautics. 3) The authorities are under a. duty to send out salvage groups, upon receipt. of news of an air accident, to give immediate first aid to the victims, and to establishing the necessary guards around the place of accident until the investigators appointed for this purpose by the General Bureau of Civil Aeronautics arrive. 4) Radio, tele~rraphic. and radiotelephomc messages concerning an air accident must be sent. directly to the General Bureau of Civil Aero- nautics and shall he handled without charge. as urgent official messages. Article 80. As$L~fa.nce. In the case of an air accident, any national or foreign aircraft may give, assistance to the victims, wfrhout. haviiig to 1e(juest i)etuhission to do so: but. it shall have the (lutv to communicate immediately with the General Bureau of Civil Aeronautics by the most rapid means. Art;cle 81. Safety of Ma'ii. The correspondence be.ing transported by an aircraft suffering an accident or making a forced landing must. be delivered by the finder, as soon as possible., to the. Post. Office nearest the place of the accident. Art cle 82. Pi'elim.iuai'y I'nfonrnato'n.. The investigator or investigators appointed by the General Bureau of Civil Aeronautics must submit to it. their prei.imiiial'y report within a period of six (6) days following the accident. Article 8~7. fnrest~qatzon Board. 1'~ If the accident is of an international character or is very serious, the investigation shall be in charge of a Board, as follows: 2) The Board shall be composed of the Director General of Civil Aeronautics, who shall pi~esicle: the Legal Adviser of the Ministry of Government and Justice: and tiie Chief of Air Safety. 3) The report. of the Board must be presented as soon as possible to the Minister of Government and Justice. Article 84. Ci'i,ncs. In cases of air accidents caused by criminal nets, the facts shall be communicated to a competent. official of the Public i\[iidstrv [Attorney Generall for purposes of initiating p~'eiiininary investigative pro- ceedings (.~iiiinii'o) PAGENO="0584" 1986 AIR LAWS AND TREATIES OF THE WORLD Artic7e 85. Ac~iden ts of foreign aircraft in Panama. 1) When a foreign aircraft suffers an accident in Panama, in addi- tion to the measures specified in Articles 79, 80, 81 and 82, the Minister of Government and Justice shall notify the State of registry with the least, possible delay and by the most. rapid means. The notice shall incorporate all inforinat ion available thereon. 2) The State of registry of the aircraft. may appoint an accredited representative and advisers to assist. in the investigation. 3) The report of the Investigatice Board shall be forwarded, with- out loss of time, to the state of regiE;t.rv of the aircraft. Artic7e 86. Accident of Panamanian aircraft outside of Panama. 1) When a. Panamanian aircraft suffers an accident outside of the Republic of Panama, the pilot, commander or any crew member, if in condition to do so, or the owner, operator. or charterer of the aircraft, must immediately notify the. General Bureau of Civil Aeronautics. 2) The. General Bureau of Civil Aeronautics may appoint an ac- credited representative to assist in the investigation and may request that the aircraft, its contents, or any evidence remain intact until such representative has examined them. 3) When it cannot be clearly established whether the place of accident is in the territory of another State, the General Bureau shall appoint an investigator to undertake the necessary procedures. A rtic7e 87. Regulation, for In~estiga.tion-s. The General Bureau of Civil Aeronautics shall draft a "Regulation for investigation of air accidents,~' at the latest. one year following the adoption of the present Law, with due regard for the international regulations. TITLE III. AVIATION SERVICES CHAPTER I. GENERAL PROVISIONS AND DEFINITIONS Article 88. Classification of Sereices. Aviation services shall be classified as: a) Public air transport services, scheduled and non-scheduled, domestic or international b) Aerial work services; c) Private air services. Aitic7e 89. Public Air Transport Services. 1) Public air transport services are those which perform the trans- portation by air of passengers, baggage, cargo, and mail on a basis of remuneration. They are divided into scheduled and non-scheduled services: a) The former are services performed by flights permanently accessible to the public. and engaged in traffic between two or more points which are always the same; they follow to a published schedule by means of flights so regular or frequent as to constitute a series that may be called systematic: b) The latter are services which do not have any pf the. charac- teristics specified in preceding paragraph. 2) International I)ubhic air transport services are. scheduled or non-scheduled services which ~ over the territory of more than one State. PAGENO="0585" AIR LAWS AND TREATIES OF THE WORLD 1987 Article 90. Aerial `world Services. Aerial work services are those performed for remuneration, and include: a) aerial photography, aerial cinematography, a ii topography; b) commercial or other air advertising; c) exploration of soil and snl)soil by means of a.ircraft; d) aerial activities in development of agricultural production; e) spraying or dusting by air for agricultural or health pur- poses; f) scientific and educational flight; g) teaching or training of flight personnel through private schools or individually; h) industrial activities, other than of public transportation. Article 91. Private Air Services. Private air services are those undertaken without remuneration and include: a) tourist flights by the owner of the aircraft being flown, ~r made with permissioii of the owner; b) aerial work services for the exclusive benefit of the owner of the aircraft being used; c) personal services of individuals or of corporations which are not public airlines, when these are exclusively using aircraft owned by them; d) training of flight personnel for the private service aircraft. Article 92. Air Service Coinpani'es. 1) An air carrier is any natural or corporate person who, with reg- ularity, performs transport services by air for remimeration. 2) Aerial work companies are any natural or corporate persons who perform for others and for remuneration any work by aircraft except transportation. Article 93. Representation of foreign Companies. Foreign international air carriers and companies for aerial services operating in the Republic shall maintain a permanent representative in the country, with adequate power to appear before a(lministrative and judicial authorities, national or municipal, and before autonomous and semi-autonomous State authorities, for the purpose of replying to any complaint or claim which may be filed against them for acts or omissions related directly or indirectly to the transportation or aerial services. In case of non-compliance with this provision the Executive shall cancel the operating certification. Article 94. Authorization to Operate. 1) The operation of any public air transport or work service by national or foreign companies requires an authorization, permit, or certificate issued in conformit with this Law and the regulations is- sued thereunder. 2) A certificate of operation of a public air transport or aerial work service may not validly be transferred to another compan , unless the company wishing to make the transfer has been operating for at least two (2) years. and the transferee fulfills all legal requirements for securing an operation certificate. PAGENO="0586" 1988 AIR LAWS A)D TREATIES OF THE WORLD A i~ti'c7e 9ô. Use of E~ju~pment. 1) Civil aircraft must be operated within the limitations of their certificates of airworthiness. 2) Civil aircraft may not be used for any other purpose than the one for which the piopel' permit or certificate of operation has been issued. Aitic7e 96. Opeiatoi. For the putpose. of the. present Law, an "operator" or ~`user" of aircraft is considered to I.e ally person, who reinlers the services enu- merated in Article ~: a) The air carrier holding a certilicate (or permit) for ques- tion of 1iubhic air transport or aerial work services; b) The owner of an aircraft, or whoever uses it personally or throiiai~ his emplovee~, in the heM of private air services; unless there is evidence to the contrary, the owner is the. person whose name appears in the lie~ister c'~ The lessor who has reserved for himself tile technical opera- tion of tl~e aircraft and the management and authority over the crew: 6) The charterer, if the charter contract provided that he as- smues all duties of the operator or user and acquires all tile rights of management and authority over the crew and operation of the aircraft, during the charter period e) r~ lie lessee who has acquired technical operation of the leased a ircrrft and lie iinuia~enient and authority over the crew. Arte7eO'7. Lcescs of foie?'q~s. I ~ \\nen a Panamanian company of public air carrier or aerial work services company, because. of temporary lack of its own flight equip- ment. duly justified, find it necessary temporarily to lease aircraft of foreign registry, the General Bureau of Civil Aeronautics may author- ize tile li;~e of such aircraft within the country, for purpose of public transportation or aerial weak: for this use it shall issue a provisional flight, permit. TLis peimit shall be issued for a maximum term of three (:~) months. Art;cle 98. F7h!7~t of foie~yiiJii'craft. The operator or owner of any foreign aircraft wishing to use it for flight over the national territory, or to have it land thereon without taking on or unloadnig passengers. cargo. or mail, must a) At least twenty-four (2-I-) hours, in advance of its arrival, g~ve notice to the (eneral Bureau of Civil Aeronautics, either directly or thioiighi the consular officials of the country, and as far as po~s~b~e~ give the following information: type of aircraft, na- tioiial~tv and re~ist1ation marks, reason for the fli~.ht, the na- ttonal I tv aiid Iiiiille ot t lie crew members. tue number of passen- ers, the an1'w~xinIate date of arrival and departure from na- tio:~al teriP m:~. places of departure and destination, airdromes where it wii.1 stop in Panama, and the frequency and radio call signal ~b) Observe the safety requirements provided for in this Law and die Ieglll:ltions i.s~ne0 th~teiinc1er a~ well a~ the l~w of lu~ QW~ country relating to nat~onahit.y and registration marks, equipment PAGENO="0587" AIR LAWS A~D TREATIES OF THE WORLD 1989 and safety devices; and have on board the certificate of airworthi- ness, licenses of flight personnel, certificate of insurance covering damage to persons on the ground, and other pertinent documents; c) Observe the provisions in force on customs, immigration, and health. Article 99. Test Flk~ltts. The General Bureau of Civil Aeronautics may authorize the per- formance of flights solely for tests and technical studies over unex- plored routes, for the purpose of gathering information and evidence concerning the establishment of air transport or aerial work services. These authorizations shall be granted for a maximum period of thirty (30) days, and may be renewed if necessary. Article 100. Exen?pton fi~om Taxes. 1) The companies which, under an operating perimt, perform pub- lie air transport or aerial work services, shall be exempt from pay- ment of import taxes and consular fees for the clurat.io1~ of the oper- ating permit. in regard to: a) aircraft~ to be operated by national air carriers; b) equipment of radiotelegraphy, radio beacons, and apparatus which, in the judgment of the Executive, may be useful to air nay n~alilOn c.) spec iai equipment exclusively for servicing of aircraft, equipment for airdromes, loading platforms, hangars, and repair Sh01)s 0) repair parts and spare engines for aircraft: e) fuel and oil which the aircraft brought with them or ob- tained in the country for their own use on flights to their places of destination. Taxes, fees, imposts, royalties, rate.s and service charges not men- tioned in this article are compulsory for said companies, in conformity with the legal provisions in force. Artic7e 101. Reql!is~ton of Aircraft. 1) If the Government requires the air transport and aerial work services of national companies in case of war, suspension of consti- tutional guarantees. or serious public emergency, it may requisition any aircraft. 2) The companies shall be duly compensated. CHAPTER II. PUBLIC Am TRANsPoRT Sruv~crs sECTION 1. DOMLSTIC AND INTELNATIONAL TR~NSPORTATiOX Art~7e 10?. OJ)(srIt;1?q Uei'fficctt~. 1) In order to opsrate any pui1i nr I imsh~st service. scheduled or non-scheduled, domestic or international, a trallic authorization, is- sued by the Executive through the Ministry of Govermnent and Jus- tiee, i~ required pursuant tb this Law ai~d the regulations issued thereunder. 2) Such authorization may be granted through provisional permits or permanent~ certificates of operation, as t.he case may be. 3) Provisional permits may be issued until a permanent certificate is obtained, in the special cases defined in this Law or the regulations PAGENO="0588" 1990 AIR LAWS AND TREATIES OF THE WORLD issued thereunder; the duration of such permits shall be up to six(6) months, renewable only once. These provisional permits may be au- thorized by the Ministry of Government and Justice, following a re- port of the General Bureau of Civil Aeronautics. 4) Permanent certificates shall be granted for periods of three (3) years, computed from the date of issue, renewable for periods of like duration upon the express application by the interested part.y, at least sixt.y(60) (lays prior to the expiration date. There shall be no re- newa.l or extension when the certificate has been suspended, cancelled, or revoked. These permanent operating certificates will be issued or renewed by the Executive Branch after a report of the National Board of Civil Aeronautics. 5) No permit or certificate for operation of public air transport services shall confer exclusive ownership in or rights to the use of air routes, airways, airdromes, airports or services of aid to air navigation. Art kie 103. Doni.estic tran.sportation or Ga.botage. The operation of domestic public air transport. services between two or more points anywhere in the Republic is reserved to Panamanian natural or corporate persons. In the latter situation at least 60% of the paid-up corporate capital must be owned by citizens, and the administration of the corporation shall be by Panamanian citizens. Article 104. International Transportation.. 1) International public air transport services may be effected by national or foreign enterprises. 2) The operation of such services under the Panamanian flag is re- served to Panamanian natural or corporate l)erso1~s; in tile latter case, no less than 51% of the paid-up capital must be owned by citizens. 3) Certificates issued for operation of such services by foreign enter- prise.s shall be pursuant to the terms of approved treaties or agree- ments on civil aviation in effect with the respective States. In the absence thereof, such certificates shall be issued on the basis of equi- table reciprocity. 4) The Executive Branch shall not grant commercial rights t.o for- eign enterprises to operate on national territory [in the following cases] a) When the granting thereof represents a danger to the secu- rit.v of the. Republic: or b) If there is no guarantee of due reciprocity on the part. of the respective government.. Art;cle 10.5. Applications for Opeiating Certificates. 1) In order to obtain an operating certificate., it. is necessary t.o fulfill the requirements established by this Law and the regulations issued thereunder, and post. a cash bond or State Bonds for the sum of five hundred i7boc~ (B/.500.O0) when the service to be undertaken is domestic, and ten thousand bal.boas (B/1O,000.00) in the c.ase of inter- national service, and such sum will he reimburse(l upon initiation of operations. Companies already established need not, post this bond. ~) No operating certificates shall be issued to national or foreign companies a) when the rendering of the service is contrary to the national interests or to international agreements entered into by the Republic; PAGENO="0589" AIR LAWS AND TREATIES OF THE WORLD 1991 b) If, at the time of application, the air traffic needs between specified points are already satisfactory, so that the granting of the requested certificate might result in ruinous competition. Article 706. Contents of Operating Cei'ti~cates. 1) Provisional operating permits and certificates for scheduled air transport services shall specify the following: a) The terminal points on the route as well as intermediary ones, if any, indicating those which constitute commercial stops and those which are merely technical stops; b) the authorized frequency of flights; c) the terms, conditions, and limitations which will duly guar- antee tile safet.y of transportation on airports and airways, as stipulated in the certificate; d) tile conditions and limitations which the public interest may require. 2) The provisional operating permit.s and certificates for non-sched- iiled air transport services shall specify: a) the points between which service is authorized b) the same requirements provided for in paragraphs (c) and (d) in the preceding section of this article. 3) Iii all operating certificates, the enterprise must be given a period of six (6) months computed from the (late of issue ill which to initiate it.s operations. This period may be. extended up to sixty (60) days by the General Bureau of Civil Aeronautics. when, in its judgment., there is justification therefor, and upon request. of tile in- terested party. If services are not initiated within such period, tile certificate shall be considered void, amId the enterprise shall forfeit its respective bond. 4) Xothiwithistanding the frequency authorized in the. certificate of operation, the carrier may, with advance pern~ission of the. General Bureau of Civil Aeronautics, occasionally uIl(lerta1~e additional flights between the points authorized in the certificate. Article 107. I'I~oll b itions [iIil.po.cel] on. Pu7 lie Carriers. 1) No public, air carrier ma~ a) render services which (l~fier from those authorized ill tile certificate. of o1)eration: an(l, b) alienate, assign, or transfer, or ill any manner create liens on the certificate of operation, or On any of the rights conferred on the enterprise, without advance. p(~rmission of tile Executive Branch, without, thereby afiectillQ the provisions of Article 94. 2) In case of violations of these prohibit ions, the certi dcate of opera- tion shall be suspended or calicehle(t, accoixhing to the seriousness of the offense. A rticle 108. Causes for C~u1i.ce77(ton. Tile certificates of ope.ration shall be cancelled for any of the fol- lowing reasons a) \Vhere scheduled carriers are involved, when the service between two or more points Oil the. assigned route is totally or partially interrupted f~ six (6) consecutive, flights without. prior authorization from tile General Bureau of Civil Aeronautics, or on order of a competent. authority, or when the interrupt iou is due PAGENO="0590" 1992 AIR LAWS AND TREATIES OF THE WORLD to a voluntary act of the carrier or of its legal representative. Interruptions caused by force ~najeure. strikes, civil disturbance, riots or public disorders shall be excepted. b) Where carriers engaged in non-scheduled services are in- volved, when they fail to render the authorized services or when sixty (60) days elapse without their rendering such service. Article 109. Routes. 1) The routes of scheduled public air carriers and the points served by non-scheduled carriers must be approved by the General Bureau of Civil Aeronautics. ~) National scheduled carriers shall have first choice to perform non-scheduled flights between points on their own air routes, without prejudice to its scheduled services. 3) If a non-scheduled carrier requests permission to undertake flights between polls already covered by a scheduled air carrier, this [permission] shall be granted only in the event of evidence that the scheduled carrier is not in a condition to render it. Artic7e 710. Changes in Routes. No scheduled public air carrier may change a fixed route or any part thereof, until it obtains permission from the General Bureau of Civil Aeronautics, following the publication of the application. Art ic7e 111. Schedules. The schedules of scheduled services of public air transport carriers must oe pproved by tbe General Bureai of Civil Aeronautics and may not. be altered or suspended. Exceptions are to be made in cases of force ina~eure, strikes, civil disturbances, riots, and public disorders. Article 112. Publicitti of Services. Scheduled public air carriers must publish, as notice to the public, their routes, flight frequencies. schedules, fare rates, and any other re- quirement provided in respect to the service. Article 113. Rates. 1) All scheduled and non-scheduled public air carriers, whether do- mestic or international, nmst submit fare and freight rates for approval of the Executive. 2) No carrier may charge for its services any amounts or sums which differ from those specified. in the approved rate schedules, ex- cept in special cases provided in this Law or the regulations issued thereunder. 3) The rates shall be stipulated in national currency, but when in- ternational transportation is involved, the equivalent in other curren- cies may be indicated. Article 114. Air Taa~. 1) Tbe pubi~c air transport companies known as air taxis shall be assimllate(l to aerial work services, if the aircraft. being used has a maximum capacity of six (6) seats for transportation of passengers, or of six hundred (600) kilograms for carriage of cargo. If they carry ~ they must have radio communications. ~) Tiw fare and cargo rates of these services shall be regulated by the Executive, who shall consider the interests of both the company and the users. PAGENO="0591" AIR LAWS AND TREATIES OF THE WORLD 1993 Art ide 11.5. Statistical Information. National public air carriers shall present periodically to the Gen- eral Bureau of Civil Aeronautics a detailed report on flight hours, number of kilometers flown, routes covered, number of passengers, weight of cargo transported, and other statistical data required by the respective regulations. SECTION 2. TRANSPORTATION, CHARTER, AND LEASE CONTRACTS Artcle 116. Applicable Provisions. 1) All matters concerning domestic air transportation shall be sub- ject to the provisions of the present Law, or in absence of any, to the pertinent provisions of the Conmiercial Code and subsidiarily, to those of the Civil Code. ~) In the absence of international treaties, conventions, or agree- ments, international air transportation shall be governed by the prin- ciples established in this law. Article 117. Domestic and International Tran.sporfation. For purposes of the present Section of the Law, and also of Title IV thereof: a) All transportation shall be considered domestic in which the place of departure and the place of destination are both situated within the national territory; in such cases, the transportation shall not lose its character of domestic transportation by the fact that the aircraft, because of force ma jeure, is forced to make an unforeseen landing on foreign soil; b) All transportat ion shall he considered international in which, pursuant to an agreement between the parties: the place of departure and that. of destination are situated on the territory of two different States; or, the place of departure and that of destination are both situated on the territory of the same State, hut one or more landings are intended on the territory of another State. Article 118. Su.ccessm~ve Carrier.~. Performance by several carriers by air successively shall constitute a single transport, if the parties have treated it as a single operation. Article 119. Transportation Contract. An air transport contract is deemed to be one concluded by a natural or corporate person, known as the carrier, who binds himself for re- muneration to take or carry from one place to another, by air, pasSemi- gers with or without registered baggage. or cargo delivered by a ship- per to be sent to the consignee to whom it is addressed. Article 120. Form of Contract. 1) The contract for carriage of passengers is proved by the issuance of a travel ticket~. The carriage of registered hag~age may be proved by an entry on the flight ticket or by issuance of a baggage check. ~) The contrac.t to carry cargo is proved by the issualice of an air way bill, which shall contain the information required by the Law and the regulations issued thereunder. PAGENO="0592" 1994 AIR LAWS AND TREATIES OF THE WORLD 3) When international transportation of pa~engers, baggage, or cargo is involved, the document which constitutes the transportation contract must indicate at least the places of departure and arrival, whether these places are in the Republic with a stop abroad, and a statement that the transportation is subject to the rules on liability established by the applicable Air Transport Convention indicated. 4) The flight, ticket, the baggage check, and the waybill are prima fac;e evidence, unless there is proof to the contrary, of the conclusion and the conditions of the transportation contract. The lack, irregu- larity, or loss of these documents does not affect the existence or validity of the transportation contract. ~ii't;c7e 121. Visas. Iii cases of international air transport, the carrier may not load ~~~e1lgers who do not prove that they are duly authorized to disem- bark at the place of dest.ination and at the stops provided, when the coii~itr in which the stop is made requires a transit visa. J jt;7~ 122. Charter. 1) The charter is a transportation contract by which an operator, the lessor, for remuneration assigns to another person, known as the charterer, the use of all or part of an aircraft with crew, for one trip, a series of t.rips, or for a specified period of time. ~) The carrier is the contracting party so designated in the charter contract. In the absence of such designation, for purposes of the preseilt Law, the operator or charterer shall be considered to be the carrier. whether or not his name appears on the t.ransportat ion documents. Apt;c7e 12.3. Lease. 1) The leasing of an aircraft is a contract by which the operator binds himself to give another the enjoyment or use of an aircraft for one or more flights, or for a specified time and a certain price. ~) A Pauanianiaii aircraft may not be leased for service abroad wit bout advanre permission from the General Bureau of Civil Aeronautics. 3') Panamanian aircraft may not. be leased to aliens without advance permission from the General Bureau of Civil Aeronautics. SECTION 3. TEChNICAL CONDITIONS FOR OPERATION OF PUBLIC AIR TRANSPORT SERVICE Art;c7e 124. JpJ)7;eat;oli. 1) The rules of the present Section shall be applicable to all Pana- manian coinpailies operating p11~)hic air transport services. ~) Public air carriers must supply t.he services authorized in their certificates of operation in a safe, adequate, and effective manner, and for this purpose. to have the. aeronautical equipment and facilities required for these services. A ~ !.?.. JIib,t ie'i~ee of Aircraft. 1 ci operator must have an organization comprising specialized personnel. workshops. and other equipment and installations to main- ta iii his aircraft in conditions of airworthiness. PAGENO="0593" AIR LAWS AND TREATIES OF THE WORLD 1995 Article 126. JIaintenance JIanvai. 1) Every operator shall have, for the use and guidance of his per- sonnel, maintenance manuals with the corresponding revisions and amendments; 2) Every operator must ensure that his personnel is instructed in the methods of maintenance, particularly wheii new equipment is intro- duced in the service, and shall also see that the pei~sonne1 obey the instruct ions in the Manual. 3) A copy of the Manual shall be delivered to the General Bureau of Civil Aeronautics. Article 127. Maintenance Records. 1) Every operator shall keep records indicating, as required in the manual, with respect to the aircraft parts, their total time of opera- tion, the date of tile last general overhaul and the date of last inspec- tion. 2) These records may be inspected by the General Bureau of Civil Aeronautics and shall be kept for a period of ninety (90) days after the time of use of tile unit or part referred to. Article 128. Manual of Operations. 1) Every operator shall supply for tile use and guidance of opera- tions personnel a manual of operations, and revisions thereof, so that the information it contains will be kept current. 2) Tile manual should contain complete information on tile fligilts generally, and also for each route flown. 3) Operators must submit their manual of flight operations for study and approval of the General Bureau of Civil Aeronautics. 4) Eacil member of the operation staff must obey the instructions in the manual corresponding to his respective functions and responsi- bilities. Aitide 129. Flight Hears. Every operator shall keep current records of tile flight time of each of his pilots. Article 130. Expertise of Pilots. Every operator of scheduled p~~b1ic air transport services must prove the technical flight skill and expertise of his pilots by means of semi-airnualy examinations, supervised by tile General Bureau of Civil Aeronautics. Article 131. Flights Abroad. Every operator of international transport services must ensure that: a) his employees, agents, or subordinates, while they are abroad, obey the laws, regulations, aild procedures of the States where tile aircraft is operatmg; b) his pilots know and obey tile rules and procedures appli- cable to the zones to be crossed, the airdrome to be used, and the services and instalaltions thereof; c) tile other flight crew members know and obey the rules and procedures applicable to their respective functions. A rticle 132. Aircraft Gomniande rs. 1) For each flight of public air transport services tile operatmg company shall name a commander from among the pilots compris- ing the flight crew. 39-737-65--Vol. II--38 PAGENO="0594" 1996 AIR LAWS AND TREATIES OF THE WORLD 2) The pilot commander is responsible for the operation, care, order, and safety of the aircraft, its crew, the passengers and their baggage, the cargo, and the mail being transported. This responsibility com- mences when he takes charge of the aircraft to commence the flight, and terminates at the end of it when the representative of the operat- ing company or any competent authority takes charge of the aircraft, passengers, cargo, baggage, and mail. 3) The pilot commander may, before commencing the flight; a) prevelits the loading of persons in abnormal physical or mental condition, which would endanger the order or safety of the flight. `is) reject prohibited articles and cargo obviously in bad con- dition. which would constitute a danger to passengers and crew. 4) It is the duty of the pilot commander during the flight to: a'~ maintain omder on the aircraft and take all disciplinary measures he deems proper aboard b) for serious cause suspend a member of the crew from his duties; c) arrest any person who commits a crime or misdemeanor, record information concerning the act, and deliver the offenders to the competent. authority at nearest place of landing; ci) register births, deaths, and other acts occurring on board. which may have, legal consequences. and record these in the proper 1o~ book: e) adopt the necessary safety measures in case of forced land- in~s outside of the airdromes of hi~ route: f~ vaiv the route in case of need or fefee mrP7eure: g~ jettison iiiatterwprutect the aircraft from imminent danger. Ai'tic7e 133. Recoi~7s nwcle on Doavd. In the case specified in section (ci) of the preceding article, the pilot commander shall report the facts to the authority in the place of first landing on national territory, or to the competent foreign authority or nearest. Consul of Panama, if the landing is outside the country. Jet c7e 134. ~i/.stem of F7iq~t Checles. 1) The operator shall establish a system of flight checks to be fol- low-ed by the. flight crew before take-off, at the time of take-off, during the flight, upon lariclin~. and in case of emer~encv. 2) The pilot conuu4tncler shall assure 1iims~lf that the system of checking is scrupulously followed. A'itic~e 1.3.5. Det'es prior to commencing Flghts. Before commencing any public air transport flight., the pilot corn- mnander must assure that: a.) The aircraft complies with the conditions for air-worthiness, and has on board the documents and books required by the laws and regulations: b) The instruments and equipment. prescribed for the type of operation he is undertaking are installed, and are adequate t.o perform the flight c) The maintenance of the aircraft has been observed accord- ing to rules ci) The weight. of the aircraft is such that. he can fly in safety, in view of the prescribed conditions for the flight; PAGENO="0595" AIR LAWS AND TREATIES OF THE WORLD 1997 e) The cargo transported is distributed and secured in such manner that the aircraft may make the trip with safety; f) The aircraft carries sufficient fuel and oil to complete the flight without danger, and has the necessary fuel and oil reserves; g) The prescribed crew is on board; h) Instructions of the air traffic control services are observed. 1) The necessary maps and charts for the flight are on board; j) There is on board the safety equipment corresponding to the type of flight being made. Article 136. TVeather Minima at Airports. 1) The General Bureau of Civil Aeronautics shall fix the weather minima for each airdrome. 2) No operator may fly at weather minima below those established by the General Bureau of Civil Aeronautics. Article 137. Chief Piiots. 1) During flight, there must be at least one pilot at the control position. 2) If the certificate of airworthiness or other document requires two (2) pilots, they shall both remain at the control posts during the take-off and landing, and under dangerous conditions. Article 138. Access to the Cockpit. Access to the cockpit during a flight is strictly prohibited for any person not a member of the crew, with the exception of inspectors of the General Bureau of Civil Aeronautics or of the company operating the aircraft. Article 139. Weather Observations. Whenever possible, the pilot commander must communicate obser- vations on the weather along his routes at the times and places pre- scribed, as requested by the authorities of the weather service. 2) The pilot commander must also commimicate as soon as possible the pertinent details which may affect the safety of other aircraft. Article 140. Documentation. The pilot commander of any aircraft in public air transport coming from abroad or leaving the country, must present to the respective competent authorities at the airdrome of entry or departure the docu- ment s prescribed b the international regulations. Article 141. Emergency Landing. In case an aircraft in international flight, is forced in an emergency to land outside an international airport, it must immediately notify the aviation authorities of the place, or in the absence thereof, the nearest authority, for the purpose of taking the necessary measures to avoid the unloading of an aircraft without complvmg with the re- quirements of the Law. Extraordinary expenses caused to the Gov- ernment by this action shall be to the account of and chargeable to the owner or operator of the aircraft. Article 142. Flight Reports. Upon terminating or during a flight, in case of urgency, the pilot commander shall notify the authority designated by the General Bu.- reau of Civil Aeronautics, and the operator of the aircraft, of any PAGENO="0596" 1998 AIR LAWS AND TREATIES OF THE WORLD incident or accident occurring during the flight, and any defect noted or suspected in the aircraft, in the airports, in the aids to air naviga- tion, and in other aviation equipment. CHAPTER III. AERIAL WORK SERVICES Artiele 143. Authorization. 1) Aerial work services undertaken by national or foreign com- panies shall be authorized by the Executive Branch, which shall issue the proper authorization. 2) The Executive may cancel, suspend, or change any authorization for aerial work for non-compliance with the provisions of this Law or the regulations issued thereunder, or with any of the terms or lim- itations of the respective permit or certificate. 3) However, no permit or certificate may be permanently revoked or cancelled without granting the interested parties a reasonable time to present allegations and evidence they may deem proper in defense of their interests. Art lele 144. Term. The authorization for aerial work services shall be issued for the period of one (1) year. Article 145. Aircraft. 1) Aircraft owned by national aerial work companies shall be registered in Panama; aircraft of foreign companies undertaking aerial work in Panama must also be registered in Panama, if they are to remain in the country for more than six (6) months. 2) All aircraft engaged in aerial work must fulfill all of the re- quirements for safety and airworthiness provided for in the present Law and the regulations issued thereunder. Article 146. F7ig/~ t Personnel. The pilots of aircraft used for certain aerial works who need to make fli~lit~ at an altitude less than the minimum provided for in the air regulations must have a certificate for low-altitude flying, which shall be issued by the General Bureau of Civil Aeronautics, in con- formity with the. regulations for aerial work and agricultural aviation enacted by the Executive Branch. Ai'tic7c 147. Liebi7'~t~i. AU natural or corporate persons operating aircraft used for agri- cultural piirposes~ shall be financially liable for damages and injuries caused to persons or property on the ground by reason of application of dangerous chemical substances, or in cases of low flights, by the crash of an aircraft, or by objects falling or thrown therefrom. CHAPTER IV. PRIVATE AIR SERVICES Article 148. Conditions. Owners and operators of private air services shall not need per- mits to undertake their air activities. It shall suffice if they obtain the proper registration from the General Bureau of Civil Aeronautics and keel) their licenses, certificates of airworthiness, and log books in a state of validity. However, they must comply with all provisions PAGENO="0597" AIR LAWS AND TREATIES OF THE WORLD 1999 on safety of air navigation contained in this Law and the regulations issued thereunder. Article 14.9. Prohibition. The aircraft in private service may not undertake public air trans- port services, except in special cases justified to the General Bureau of Civil Aeronautics. Article 150. Foreign aircraft in private Service. 1) Owners and operators of foreign aircraft used for private serv- ices, who wish to fly over the national territ.ory or to land thereon, shall conform to the provisions of Article 98 of this Law. 2) Owners of foreign aircraft who wish to remain in Panama for some time exclusively for tourist purposes, may obtain a temporary permit from the General Bureau of Civil Aeronautics for up to three (3) months. 3) All aircraft in private air service used in Panama for more than six (6) months must be registered in Panama. CHAFTER V. AVIATION CLUBS, SCHOOLS, WORKSHOPS Article 151. Permits. The civil air activities of natural or corporate persons for the de- velopment of air tourism or training of pilots or ground personnel, may be pursued by permission issued by the Executive, provided they fulfill the requirements of this Law and the regulations issued there- under. SECTION 1. AVIATION CLUBS Article 152. Development. The General Bureau of Civil Aeronautics shall encourage the for- mation of Aviation Clubs, supply the technical assistance and guid- ance it. believes proper to the public interest and to safety of air navi- gation, and shall control their air and technical activities. Article 153. Organization.. Aviation clubs shall be established as civil associatiiis for purposes of promoting aviation, through the reduction of flying expenses to their membership and the exchange. of tecim cal in formation and skills, as well as of rendering aid during certain emergencies. The p~so1~s concerned must. submit to the Executive Branch through its Ministry of (iovernment and Ju~tice, an application for recognition of its legal persoi~aljty. The decision on the, application shall be made by the Executive, following a favorable report, in advance by the General Bureau of Civil Aeronautics. If, later, the General Bu- reaii of Civil Aeronautics finds that. the operation of any aviation club or its activities are ~rejiidicial to the safety of aircraft., or violate the Law or the respective regulations, it shall recommend that. said legal capacity be revoked. Article 154. Ea'empticn from Taxes. No taxes of any kind shall be imposed on the importation of air- craft., engines, or repair parts intended for the use of aviation clubs whose legal capacity has been recognized by the Executive. Recog- nized clubs shall be exempt from landing fees. PAGENO="0598" 2000 AIR LAWS AND TREATIES OF THE WORLD SECTION 2. AVIATION SCHOOLS Aiticle 155. Ti~aining. Flight instruction in Panama shall be primarily in the charge of training schools or centers which shall function in accordance with this Law, and the Regulation, to be enacted by the Executive for that purpose. Article 156. Study Plans. The Executive shall approve in advance the respective plans for study and teaching. J~tic7e l.5~. Instructors. The teachers and instructors in the civil aviation schools must be certified by the Executive by issuance of a proper license to teach. Art CIC 158. Examinations. The General Bureau of Civil Aeronautics shall accept the results of examinations taken at~ duly recognized aviation schools as credit to- ward obtaining the corresponding license, pursuant to the standards established in the regulation. Article 159. Cancellation of t1~e Liceiose. The license given to training schools or centers by the Executive may be cancelled at any time if there is proof of any irregularities or defects in the teaching or in the issuance of competency certificates. SECTION 3. AERONAUTICAL WORKSHOPS Article 160. Rcfluire7nents. Any person or enterprise presenting an application for a license to establish a workshop for aircraft maintenance must prove his com- petency and teclmical capacity to the satisfaction of the General Bureau of Civil Aeronautics. Article 161. Regulation. L~eensees of aircraft workshops, in every case, must pursue their activities conforming to the regulations and safety provisions of this Law and of the special regulation to be enacted by the Executive. TITLE IV. CHARGES AND FEES Article 162. AutlLority. 1) The services which the State must render directly to individuals by means of its agencies, in accordance with this Law and tile regula- tions issued thereunder, shall justify collection by [the State] of these charges and fees. ~) The proceeds of these charges and fees shall be deposited in the National Treasury. Article 163. Registration Fees. 1) For recording an aircraft in the Registration Book of the Gen- eral Bureau of Civil Aeronautics, and the issuance of the correspond- ing Certificate. B/25.OO. For aircraft of six (6) passengers or less, B/1O.OO. PAGENO="0599" AIR LAWS AND TREATIES OF THE WORLD 2001 2) For amendment of or alteration in said Register because of change of name of the owner, alteration in the structure of the air- craft, or any other data requiring the issuance of a new registration certificate, B/1O.OO. 3) For issuance of a new re~ist.ration certificate because of destruc- tion or loss of the original certi~icate, B/1O.OO. 4) For issuance of a decree cancelling the registration of an aircraft because of change of flag [nationality], B/25.OO. 5) No fee shall be charged for issuance of a decree cancelling the registration of an aircraft because of its total destruction or loss. Article 164. Fees relating to Airworthiness. For issuance, revaliclation, or validation of a certificate of airworthi- ness for an aircraft, for each act, B/5.00. Article 16.5. Fees relating to Licenses. For issuance, revalidation, or validation of licenses or qualifica- tions of pilots, other flight, crew members, and other tecimical aviation personnel, for each act, B/5.O0. Article 166. Fccs tor temporary Pei'rn its. For issuance of a temporary traffic permit to a foreign aircraft leased temporarily by a Panamanian company of public transporta- tion or aerial work, and used exclusively by it, B/5.00. On aircraft. up to 1~.500 poiiwis of we.i2ht, B/lO.00. On any exceeding this weight., B/~5.00. A i'ticle 167. A ~~iport C/ia l'gcs. The charges, fees, and taxes to be collected for the use of airports, airdromes, and other facilities for public air navigation shall be fixed by a special law. Article 168. Public Registry Fees. 1) TIe recording of public or certified documents in the Property Section of the Public Register shall be subject to the fees indicated below: a) Forty hundredths of a balboa (B/0.40) for each one hundred balboas (B/100.00) or fraction thereof in the value of the docu- ments or contracts by which ownership in an aircraft is estab- lislied or transferred, provided that this value does not. exceed one tliou~and ba7boa.~ (B/1,000.Oi)). For aiiiounts exceeding one thousand balboas (13/1,000.00) there shall be charged for the first thousand, four ba/hoes (13/4.00) in fees, and in addition two balboas (B/~.00) for each additional thousand balboas (B/ 1,000.00) or fraction thereof. The rates stil)ulatedl in this article shall be applied to the value registered at the General Bureau of Civil Aeronautics, if the value expressed in the document is less than the former. For this pur- pose. the document to he presented at the Public Ilegister shall be accompanied by a certificate issue(l by the Bureau in which the registered value of the aircraft is stated. If tius does not appear, it shall be evaluated and registered so that. there may be com- pliance with the requirements of this article. b) Ten hundredths of a ba/boa (B/0.lO) for each one hundred balboas (B/100.00) or fraction thereof of the value of lease or PAGENO="0600" 2002 AIR LAWS AND TREATIES OF THE WORLD charter contracts on aircraft and these fees shall be based on the amount of the lease stated on the document for the term of the contract, and if not stated, on the rental for one (1) year. c) Three ba.7boas (B/3.OO) for [documents] incorporating a promise to sell or buy an aircraft. d) Twenty hundredths of a balboa (B/O.20) for each one hun- dred balboa-s (B1/100.OO) or fraction thereof on the value of the acts or contracts which constitute or transfer a mortgage on aircraft.; for the registration of the documents in which mortgages are extended, the slim of five balboa-s (B/5.OO) shall be paid, unless it is a case in which fees less than ten balboas (B/1O.OO) have been paid for the original registration. In such case, one- half of the original fee shall be paid for the extension or renewal. e) Four balboa-s (B/4.OO) for any other entry not specified in this article. 2) The certificates and copies issued by the Public Registry shall be subject. to the following fees: a) One balboa (B/1.OO) for the first partially or fully written page of a certified copy of any entry or notation, or the certifica- tion concerning the same, and fifty hundredths of a balboa (B/O.50) for each additional partial or full page; b) One balboa (B/l.OO) for the certification to prove that no entry or annotation appears in the Register. c) Fifty hundredths of a balboa (B/O.50) for each notation to be entered on later copies of documents which are already regis- t ere ci. These fees shall be. paid with stamps which shall be affixed and cancelleci on the respective copy of the certification, without thereby affecting the use of stampeci paper required in this section, as a tax. 9) ~o registration fees shall be charged for entering writs of seizure or attachment of an aircraft, or complaints filed relating to ownership of aircraft, or to property rights inherent therein. But. fees shall be charged for the canvellation of attachments, embargos, and complaints relating thereto, as follows: For registration of the writ or judgment ordering the cancellation, four ba7boa.s (B/4.OO) ; for each marginal note placed on each entry of the aircraft. affected by the attachment, embargo. or complaint. fifty hundredths of a balboa (B,/O.5O). Ait;cle 169. Dcpo.~1t of JIoiicys Recciced. 1) The amounts received by the General Bureau of Civil Aeronau- tics and the, national airport. a(lministrators shall be deposited daily with the respective collection officials. 2) The amounts 1eceive(l by the National Register shall be tralis- ferred in accordaiice with time regulations. TITLE V. CIVIL LIABILITY CIL~PTER I. LIABILITY OF TIlE CARRIER Artele 170. Damaqes to Pa-ssenqens. The carrier must compensate the damages and detriments caused by death. injury, or wounds suffered by any passenger, if the act causing the damimge.s takes place on board an aircraft or during the operations PAGENO="0601" AIR LAWS AND TREATIES OF THE. WORLD 2003 of loading or unloading at any airdrome or other landing place, in- cluding places of forced or emergency landings. Article 171. Damage to Hand Baggage. The carrier must compensate the damages and detriments resulting from the loss or destruction of, or damage to articles which the pas- senger kept in his custody, if the act causing the damages occurred dur- ing the period elapsed between the time when the passenger boarded or re.gistered baggage was in the custody of the carrier or the aircraft and the time when he disembarked therefrom. Article 12. Damage to i'egi.steiecl Baggage and Cargo. The carrier must compensate the damages and detriments resulting from the. loss or destruction of, or damage to cargo or registered bag- gage, if the act causing the damage occurred during the period in which the cargo or registered baggage was in the custody of the carrier or his agents, whether on board an aircraft, at an airport, or at any place outside an airport, in cases of landings thereon. Article 173. Damages for Delay. The carrier shall be liable for damages and detriments resulting from delay in air transportation of passengers, baggage, or cargo. Article 174. Exoneration from Liability. Not.hwithst.anding the provisions of Articles 170, 171, 172, and 173: 1) The carrier shall not be liable if there is evidence that he or his agents took all necessary measures to avoid the damages, or that it was impossible for any of them to do so; 2) The liability of the carrier may be avoided or mitigated if he proves that the injured person caused the damage or contributed to it, or if he proves that the. losses or damages arose from the nature of, or defects in the property itself. Article 175. Limits of Liability. 1) The compensation which the carrier must pay shall be limited as follows: a) For injury suffered by a passenger, the sum of eight thousand three hundred balboas (B/8,300.00) b) For loss or destruction of, or damage to hand baggage, up to thirty-three balboas and twenty cents (B/33.20) c) For loss or destruction of. or damage to the cargo or regis- tered baggage, up to sixteen balboas and sixty cents (B/16.60) per kilogram; 2) If the cargo or registered baggage is transported according to the declared value, and the interested person has paid surcharges accord- ing to the company's rates, the limit of compensation shall correspond to the declared value. Article 176. ~Yu77itq of tl~e Con fiat C7i,use. Any clause which tends to exonerate the carrier of liability or to fix limits lower than those established by this Law shall he null and void, but the nullity of such clause shall not cause nullity of the trans- portation cont.ract, which continues subject. to the provisions of this Law. PAGENO="0602" 2004 AIR LAWS AND TREATIES OF THE WORLD Artiie 1~7. Freedom of tke Carrcr. None of the stipulations in this Law shall prevent the carrier from refusing to enter a transportation coiltract, or to make rules, which are not in conflict with the provisions of the present Law. Article 1~8. Liaii7~'ty of successive Carr~ie?'s. 1) In cases of transportation performed by successive carriers, each carrier shall be considered as a party to the transportation contract, insofar as concerns the portion of the carrier effected under his con- trol. ~) Any action for damages to passengers must be brought against the carrier who performed the transportation at the time the damage occurred, except in the case where the first carrier, by express stipu- lation. has assumed liability for the entire trip. 3) When baggage or cargo is involved, the passenger or the shipper has a right of recourse against the first carrier and the consignee against the last one; in addition, either may proceed against the car- rier who performed the cal.Tiage during the course of which the de- struction, loss, accident, or delay occurred. rihese carriers shall be jointly liable with respect to the shipper or passenger and the ad- dressee or con~ignee. Art cle 1~'9. Dc Facto Carrier. When a person other than the contract carrier, on the basis of au- thorization granted by the latter, performs all or part. of the trans- portation contracted for. hut. is not. a successive carrier in the sense of Article 118, both the contractual carrier and the de facto carrier shall be subject to the provisions of this Title of the Code, the former with respect. to the entire carriage provided for in the contract, and the latter only with respect. to the carriage performed by him. A rtclc 180. Corn I) ned Transportation. In cases of combined transportation effected partially by air and partially by other means of transportation, the provisions of the pres- ent Title shall be applicable only to the transportation by air. Art~7e 181. Dan.qerovs Animals In the carriage of large or dangerous animals, the carrier may con- tract. for a veterinarian to administer tranquilizers to the aimals, in case they cannot be loaded and unloaded without danger by the normal methods the carrier may also destroy such animals l~y use of drugs or other means if, after the~v are on the ~ircraft., they present a danger to it. In none of these cases shall the carrier incur any liability. CHAPTER II. D~iAGEs TO TillED PERSONS ON THE GROUND Ai'ticle 182. f~~qJ?t of Redrr.~. 1) Any person suffering damage on the. ground under conditions spe- cifiel in this Law, shall have a right of redress. by merely proving that the damage was cau~ed by an aircraft in flight, or by a person or thing falling therefrom. However, there shall be no right, of redress if the danm~e was not the direct con~ecpience of the occurrence originating it, or if ii was Tue ta the icere fact of pass~e. of the airrraft through the. airspace in conformity with the regulatory provisions on air traffic. PAGENO="0603" AIR LAWS AND TREATIES OF THE WORLD 2005 2) For purposes of this Chapter, an aircraft is considered to be in flight when power is applied for take-off until it concludes its land- ing run. Article 183. Liability for Darn ages to Thii'dPersons. 1) The operator of any civil aircraft shall be financially liable for damages and injuries causes to persons or property on the ground. 2) The operator who is liable is the one using the aircraft at the time the damage occurred. However, an operator shall also be considered to be the one who has conferred, directly or indirectly, the right to use the aircraft provided he has reserved the control of its navigation. 3) The owner registered in the aeronautical register is presumed to be the operator and liable as such. Article 184. Unlawful User. If a person uses an aircraft without consent of the person who con- t.rols its navigation, the latter, unless he proves that he took the meas- ures necessary to avoid such use, shall he jointly liable with the unlaw- ful user for any damages caused, each of them subject to the conditions and limitations of liability specified in this Law. Article 18.5. Exceptions. The person who would be liable in accordance with this Chapter: a) shall not be under duty to repair damages which are a direct consequence of armed conflicts or civil disturbances, or if he has been deprived of the use of the aircraft by act of public authority; b) shall be exempt from liability if he proves that the damages were caused solely by negligence of the victim or his agents. If the damages have been caused only partially by negligence of the vic- tim or his agents, the compensation shall be reduced in the propor- tion in which such negligence contributed to the damages. A i'tic7e 186. L mifs of Liability for Damages to T/i iivl Persons. 1) The amount of reparation, with the exception of Article 200, shall not exceed per aircraft and event, the following: a) sixteen thousand six hundred balboas (B//l(~:~O.O0) for air- craft whose weight do not exceed one thousand (l.~0) kilograms; b) sixteen thousand six hundred balbocs (B/16,600.0O) plus thirteen balboas and twenty-five cents (B /i3.25) for each kilo- gram over one thousand (1,000), for aircraft weiching more than one thousand (1,000) but not exceeding six thousand (6,000) kilograms; c) eighty-two thousand eight hundred fifty balboas (B/82,850.00) plus eight balboas and thirty cents (B/8.30) for each kilogram over the six thousand (6,000), for aircraft weigh- ing more than six thousand (6,000) but not exceeding twenty thousand (20,000) kilograms; d) one hundred ninety-nine thousand halboas and fifty cents (B/199,000.50) plus five ba7ioas (B /500) fac each kilogram over the twenty thousand (20,000) but not. exceeding fifty thousand (50,000) kilograms; e) three Inindred forty nine thousand ha7boa.c and fifty cents (B/349,000.50) Plus three thousand three himdred twent -five balboas (B/3,325.00) per kilogram ovei' the fifty thousand (50,000) kilograms, for aircraft weighing over fifty thousand (50,000) kilograms. PAGENO="0604" 2006 AIR LAWS AND TREATIES OF THE WORLD 2) For purposes of this article, "weight" shall mean the maximum weight of the aircraft as authorized for take-off by its certificate of airworthiness. 3) The compensation in case of death or injuries shall not exceed eight thousand three hundred balboas (B/8,300.OO) per person killed or injured. Article 187. Total indemnity. When two (2) or more persons are liable for the damage or in case of a registered owner who, without being the operator, is considered liable pursuant to the provisions of Article 183, third paragraph, the persons who suffer the damage shall not have a right to an mdern- nity, against any of the persons liable, greater than the maximum which may be specified in the provisions of this Law. Artkle 188. Distribution of Compensation. If the total compensation specified exceeds the limit of applicable liability pursuant to the provisions of this Law, the following rules shall apply with due regard to the provisions of Section 3 of Article 186: a) If the compensation refers solely to death or injuries or solely to property damage, it shall be reduced in proportion to the respective amounts; b) If the compensation refers to both death or injury and to property damage, half of the distributable amount shall first be applied to cover the compensation for death and injury and if the amount is insufficient, it shall be distributed proportionately among the ~reditors iii the case. The remainder of the total dis- tributable amount shall be pro-rated between t.he compensation due for property damage and the unpaid portion of the other compensations. CHAPTER III. LIABILITY IN CoLLIsIoN CASES Artic7e 189. Liability for Collision. When two (2) or more aircraft in flight, collide or damage each other, the liability shall be determined as follows: a) If the evidence shows that negligence by the operator of one of the aircraft or of his agents acting in the performance of their functions, to be the cause of the damage to the other aircraft or of injury to persons or objects aboard it or them, the operator shall be liable for all damages: b) If the damage was caused by negligence of the operators of two (2) or more aircraft, each one is liable with respect to the others for damages si~11'ered by them plopon :onate to the gravity of his respective negligence. Artirle 190. Limits of liability for Collision. With the exception of Article 200. the liability of any aircraft opera- tor involved in a collision may not be higher than the following limits: a) for destruction of or damage to the other aircraft, the value of the aircraft prior to the collision, or the cost of repairs if the latter is the lesser amount of the two; b) for deprivation of use. of the aircraft, 10% of the amount specified in Section (a) above; PAGENO="0605" AIR LAWS AND TREATIES OF THE WORLD 2007 c) for death or injuries suffered by passengers on board the aircraft, eight thousand t.hree hundreds baiboas (B/8,300.OO) for each person; d) for destruction or loss of baggage in the custody of the pas- sengers, thirty-three baiboa.s and twenty cents (B/33.20) for each person; e) for destruction, loss, or damage to registered baggage, cargo, or mail, sixteen balboas and sixty cents (B/16.60) per kilogram. Art/cie 191. Damages on the Giound from Coiiisioim. 1) If two (2) or more aircraft. in flight collide or damage each other and reparable damages occur, as defined in Article 18~, or if two (2) or more aircraft. jointly cause such damages, each aircraft shall be con- sidered as causing the damage, and the respective operator shall be liable under the conditions and limitations of liability Provided in this Law. 2) In such cases the victim shall have a right to compensation up to the total amount of the limits corresponding to each aircraft. in question; but no operator shall be liable for an amount exceeding the applicable limits to his aircraft., unless his liability is unlimited in ac- cordarice with Article 200. Article 192. Damages for aircraft not in Flight. Damages caused I)y aircraft not in flight are governed by civil law. CIIxPi~R IV. INSURANCE AND GUARANTEES Article 193. Imm.suranee against Damages fo t/~i'd Peisons. 1) The operator of any civil aircraft, whether domestic or foreign, operating an air service in the Republic or which overflies the territory of the Republic. must be insured with respect. to his liability for dam- a.ges to persons on the ground, up to the limits which correspond to the weight of the aircraft., as provided in Article. 165. This insurance must be contracted through an insurance institution whose coverage of risks is satisfactory to the General Bureau of Civil Aeronautics, in con- formity with the international provisions in force in this field. 2) An e.xception of the duty to contract. insurance is made in favor of companies exclusively employing light planes or other types of small craft, who prove to the. satisfaction of the. General Bureau of Aeronautics that it is not possible to acquire such insurance., or if insurance is available, that it.s cost would be prohibitive. Article 194. Guarantees. In cases of foreign aircraft., in lieu of insurance, a satisfactory guar- ant.ee in observance of the requirements of Article 196 shall be deemed t.o be a guarantee of the State where the. aircraft. is registered or a bond issued by a banking institution authorized for this purpose by the Min- istry of Finance and Treasury of Panama, or by the. Government of the country of registration. Jrteie 195. Insurance aga.inst Damages to Passengers, Baggage, and Cargo. 1) The liability imposed on carriers by Articles 170, 171, and 172 of this Law must. he cove.re.d by protective. insurance, against all risks men- tioned in those articles. This insurance must be. contracted wit.h an PAGENO="0606" 2008 AIR LAWS AND TREATIES OF THE WORLD institution duly authorized to cover these risks to the satisfaction of the General Bureau of Civil Aeronautics, according to international provisions in f~nce in this field. ~) An excepi ion of the. duty to contract insurance is made in favor of those foreign companies exclusively employing light planes or other types of small craft, if they prove to the satisfaction of the General Bureau of Civil Aeronautics that it is not possible to obtain insurance, or that if obt.amable. the cost would be. prohibitive. Artcle 196. ~S~1)ee~17 Lien.9. Payment of the corresponding compensations established in this Law shall constitute a special and preferred lien on the insurance and other guarantees defined in this Law for reparation of damages arising from contractual or extracontractual liabilities. Artiete 197. Control. The General Bureau of Civil Aeronautics shah see that the. insurance for damages to passengers remains valid for the duration of the permit or certificate of operation. and as long as the registration of the air- craft is valid, under penalty of suspension or permanent cancellation of the operaitng license. CII~P1'~R V. Pnovisioxs IN Co~niox J itk/~ 198. Jpplica77e Law to Lktbiii'tq in international Ti'an~port. Civil liability of national or foreign companies in international air transport shall be governed by international conventions to which the Republic. is a party. In the absence of such conventions, liability shall be governed by this Law and other applicable legislation of the Republic. J~'tic7e 199. Procedui'e. 1) The ov~ner. operator, or person in possession of an aircraft who wishes to protect him~elf under the limitations on liability in this Title, may make this known to the court by means of an original corn- l)laiflt or counterclaim, at. the same time posting a. bond, which may be issued by an insurance comnany for an amount. up to the maximum of his liability; and he shall request the court. to summon all persons having claims with respect to the damages which are the subject matter of the action. If the interested parties are known, their names and addresses shall be stated; and if there is more than one action pend- ing, the parties in the others should be indicated. After the bond has been I)ostedl, the court. shall order the joinder of all actions, if any, pursuant to the petition, and shall order notice of the action to be served personally on the known intere.sted parties, summoning by edict those unknown, to come and assert. their rights. 2) The action or joinder of actions shall be prosecuted at a single trial, and at. the time of rendering judgment, the compensation to be paid to each claimant, shall he fixed, as well as the reductions which are proper, so that the total will remain within the limits of the lia- bility specified in this Law. 3) If any interested party fails to appear at the above trial, he will not lose his rights thereby: hut he may not obtain a higher compensa- tion than the difference between the total of the indemnities fixed at PAGENO="0607" AIR LAWS AND TREATIES OF THE WORLD 2009 the trial ~eferrecl to in the preceding paragraph, and the limitation on the liability of the owner, operator, or person in possession of the aircraft. Article p2(0. Uqthinitcd Liahilit'ij. 1) The liinitatioiis on liability provided in Aiticies 1T5, 186, and 190 of Title V shall not apply if there is proof that the damage is the result of au act or omission o~ tl~e carrier or the operator, or of their agents, with intent to cause the damage, or was committed with reck- lessness in the knowledge that damage would result. 1-lowever, in the case of an act or omission of the agents, there must also be evidence that they were acting in perforniance of their duties. 2) The limits of liability provided in Articles 186 and 190 of Title V shall not be applied if the pe~~on responsible gets possession of the aircraft unlawfully and uses it without consent of the Person who has the right to give consent. Article 201. Exclu~ion of other Actions. Actions to demand payment of compensation, when the defendant may take advantage of the limitations on liability provided in this Law, shall exclude any other action for the same purpose, and the.y may be prosecuted independently of any criminal or police action based on the acts which have occurred. Any decision rendered in the criminal or police action may not be admitted as evidence. Article 202. Limitation of Actions. 1) In all cases of contractual or extraeontractual liability defined in this Law, the right to claim conipeilsation shall lapse if an action is not brought and complaint notified within the period of two (2) years, computed from the date on which the act whicli gave rise to the damage occurred. 2) Whatever may be the cause of an alleged suspension or interrup- tion, the action shall lapse after three (3) ears, computed from the date on which the act which gave rise to the damage occurred. A rticle 203. Increased Liniits. If the limits of liability designated in Title V are increased by virtue of international conventions ratified by the Republic, then the limits here designated shall be increased to the same Umits for inter- national flights. TITLE VI. VIOLATIONS AND PENALTIES Article 204. Flotations committed l~/ the Owner or Operator. 1) A fine of from one hundred baiboas (B/100.00) to two thousand balboas (B/2,000), according to the gravity of the offense or its repeti- tion, shall be imposed on the owner, operator, or other person respon- sible for a civil aircraft, as may be pertinent, when he permits an aircraft to fly: a) without a registration certificate or certificate of airworthi- ness, or when these documents are not valid; b) without marks of nationality or registration; c) [when] knowingly permitting aboard a crew of persons lacking the proper aeronautical license or qualifications, or when PAGENO="0608" 2010 AIR LAWS AND TREATIES OF THE WORLD the license has been suspended or cancelled by competent author- ities or has expired. 2) A fine of from two hundred baThoa.s (B/200.OO) to three thou- sand bct7boa~s (B/3000.OO), according to the gravity of the violation or its repetition, shall be imposed on the owner, operator, or other person responsible for a civil aircraft, as may be pertinent, in the following cases: a) for failure to register the aircraft within the period fixed by this Law and the regulations issued thereunder; b) for registration of an aircraft in the Register of another state without having first obtained the cancellation of its national registration: c) for altering or changing the marks of nationality or regis- tration without authorization of the General Bureau of Civil Aeronautics: ci) for ordering the pilot commander to commit acts which involve violations of this Law or its regulations; e) for knowingly permitting an aircraft under his control to take off with an overload, or in violation of other parts of this Law and the regulations issued thereunder; f) for failing to communicate immediately with the General Bureau of Civil Aeronautics concerning accidents to his aircraft; g) for permitting his aircraft to disturb or obstruct air traffic or airport traffic; h) for transporting arms, dangerous articles; flammables, ex- plosives. and objects prohibited for transport without due au- thorization; i) for transporting ill persons with contagious or mental dis- eases, or cadavers, without authorization of the c.orresponding health authorities; j) for continuing a service when its operation certificate has been suspende.d or cancelled. Jit;cle 20.J. Fio7citioi~s committed b?,' f lie Pilot Commander. 1) A fine of twenty-five balboa-s (B/25.OO) to five himdred balboas (B/500.OO), according to the seriousness of the offense or its repetition, shall be imposed on the pilot commander of an aircraft who: a.) opera.tes an aircraft without a registration certificate or certificate of airworthiness, or when these have not been properly validated; b) operates an aircraft without marks of nationality or regis- tration, or when these. have been altered; c) mans an aircraft without the respective license or qualifica- t.ions, or when these have been suspended, cancelled, or expired. The same penalties shall be imposed on members of the flight crew members in the same case, and on the pilot commander who has knowingly permitted it; d) abandons an aircraft, passengers, cargo, or other effects at a place which is not exactly the point where the flight should legally terminate; e) makes de.monstrations or training flights without the cor- responding permit; PAGENO="0609" AIR LAWS AND TREATIES OF THE WORLD 2011 2) A fine of from fifty balbos (B/50.OO) to one thousand balboas (B/1000.OO), according to the gravity of the offense or its repetition, shall be imposed on the pilot commander of an aircraft: a) for disobeying orders or instructions received from the com- petent control authorities of air traffic;* b) for manning an aircraft or permitting a crew member to participate in the flight operations, in a state of intoxication, physical or mental incapacity, or under the influence of narcotics. The same punishment shall be imposed on any crew member in similar cases; c) for undertaking, without authority, acrobatic. flights, hedge- hopping, or exhibitions over cities or centers of population; d) for flying over prohibited or restricted zones in violation of the provisions of this law; e) for jettisoning or perniitting unnecessary jettisoning of ob- jects or ballast from the aircraft: f) for manhlilig an overloaded aircraft; g) for permitting any person not a member of the flight crew to parttcipate in the operations of the aircraft h) for failing to communicate immnediately with the~ General Bureau of (~ivi1 Aeronautics concernilig accideiits which have occur~ed i) for failing to go, without justification, to the assistance of the victims, in case of accident; j) for executing reckless manocuvers winch place time lives of the passengers in jeopardy. In this case, the license will also be perrnamientlv cancelled. Article 206. Violations committeil bi,i Pvblic Cairiers. A fine of from one hundred baihoas (B/100.OO to two thousand balboas (B/2,000.OO), according to the gravity of the offense or its repitition, shall be imposed: 1) On any public air carrier scheduled or non-scheduled for: a) refusing to transport any person or cargo without lawful reason therefor; b) failure to observe the obligations contracted for according to the respective permits or operating certificates, [when] this failure, in the judgment of the competent authorities, does not merit the cancellation of the pennit or operating certificate. c) failure to accomplish the conservation and maintenance of their flight equipment, aircraft, auxiliary motors, and other serv- ices related to the safety and efficiency of transportation in a regulatory manner. d) operating outside the air routes and airports specified in the permit or operating certificate; e) cancelling a scheduled flight without authorization or justi- fiable cause; 2) On any non-scheduled public air carrier for: a) announcing routes, schedules, itineraries, flight frequencies, or rates not officially authorized; b) carrying out operations in violation of rates, itineraries, and fliglìt frequencies which have l)een officially approved 3) On any non-scheduled puhlic air carrier for: a.) announcin schedules, itineraries, or flight, frequencies; 39-737-65-Vol. II-39 PAGENO="0610" 2012 AIR LAWS AI\D TREATIES OF THE WORLD hI undertaking flights between points already serviced b a scheduled carrier with such frequency as to be considered a series of scheduled flights. J if ~7e 20~. TiO7ctOicS corn nutted by Ace lul. Sci'eice Companies. A fine of from fifty baiboas (B750.OU) to one thousand balboas (B/~1,OUO.OO), acording to the gravity of the offense or its repetition, shall be imposed on any aerial service company a.) for violation of obligations contracted through its respec- tive. authorizations, when this violation does not merit cancella- tion of the auiliorization in the judgment of the competent au- thoritv: b) for non-compliance with rules for the preservation and maintenance, of its aircraft. and other equipment related to the safety and efficiency of its services. t~t;7~ .208. Vio7alons cominift~ed by Passengers on Public Carriers. A fine of from twenty-five halboas (B/25.OO) up to five hundred balboas (B/500.OO). according to the gravity of the offense or its repe- tition, shall be imposed on persons who: a) without a right to do so and without having made a trans- portation contract. with the. operating company board an air- craft. They shall have no claim against. the company for any cause: b) conduct themselves in a. disorderly manner, obstruct the work of the crew, commit. misdemeanors, refuse or fail to obey an order of the pilot. commander, or fail to render the services ordered by him: c) without proper authorization and without written permis- sion in advance from the pilot. commander, carry arms, muni- tions of war. explosives, or flammable materials. Article 209. Fore"gn Infcmnat,'oiuii Carriers. A fine of from two hundred balboas (B/200.OO) to three thousand balboa-s (B,/3.000.OO), according to the gravity of the offense or its repetition. shall be imposed on a foreign international air carrier who, without special authorization. ove.rflies the territory of the Republic, discharges or loads passengers or cargo therein, or undertakes do- mestic. flights. Art;cl.c 210. Ground Avation Crcu'~. A fine of from fifty bulbous (B/50.OO) to one thousand balboas (B//1,OOO.OO)~ according to the gravity of the offense or its repetition, shall be imposed on any member of the aviation ground staff who, by act or omission, endangers the safety of the aircraft, airports, or other installations of air traffic.. Article 21.1. In tee ference in Conmin.v.n.ica.tions. A fine of from one hundred bulbous (B1/100.OO) to one thousand bulbous (B,/1.000.OO), according to the gravity of the offense or its repetition. shall be imposed on any persons obstructing or causing in- terference in aeronautical communications. Article 212. Suspension of Licenses. In addition to the corresponding fine, the General Bureau of Civil Aeronautics may suspend or cancel, according to the gravity of the PAGENO="0611" AIR LAWS AND TREATIES OF TIlE WORLD 2013 case., the license of the pilot or other flight crew member, or of the technical personnel on the ground who violate the flight rules or other provisions of this Law and the regulations issued thereunder. Article p213. PiokThteci Passage on A Ii poii.~. A fine of from twenty-five. ba7boas (B/~5.OO) to one thousand bal- boas (B/1,000.OO) shall be imposed oii any person who enters or re- mains on any part of an airport which, by the. rules, has be.e.n restricted to the public., or who brings into such areas any vehicles, animals, or other objects. Article 214. Competent Authorities. I) Violations shall be investigated and pi~ose~ited by the. General Bureau of Civil Aeromnnitics. 2) Notice of violations shall be sent immediately to the General Director of Civil Aeronautics, who is the competent authority to im- pose the penalties established in this Law. i eticie 21.5. Procedure. 1) The tines imposed must he paid within the period of five (5) days, computed from their notification. 2) When this period expires, the. fine may be converted into a jail [term]. one (1) day for every two balboa.s (B/'2.OO) of fine. The fines may be collected by the proper fiscal officer through use of summary jurisdiction. In the latter case, the I)irec.tor General of Civil Aero- nautics shall suspend the license, permit, or operation authorization of the convicted person until the fine is paid. Ai~ticle 216. Reconsideration. or Appeal. For trial of these cases, the. procedure to be observed is that of the Administrative Code in correctional police cases, and the following appeals are available: a) for reconsideration before the official of first instance (trial stage), for clarification, modification, or revocation of the deci- sion; and, b) for appeal before the Executive Branch. Either or both recourses may be used within five (5) weekdays, computed from the date of notice. Upon granting the appeal, the file shall be forwarded to the superior. Article 217. Defe~se. No penalt.y shall be imposed without first giving the accused an opport.unit.y to be heard, to present. evidence, and to defend himself. TITLE Vu. CRIMES AND PENALTIES Article 218. Crimes. The act. of assuming control of the operation of an aircraft through use of force or through threat. to use it. is a crime. Article 219. Penalties. The penalty of imprisonment for two (2) to six (6) years shall be imposed on the person guilty of the crime defined in the preceding article. The trial of this crime is within the jurisdiction of the courts of the Judicial Branch. PAGENO="0612" 2014 AIR LAWS A~D TREATIES OF THE WORLD TITLE VIII. FINAL PROVISIONS Article 220. Te,'rn.. A term of six (6) months, computed from the date of the promulga- tioli of this Decree-Law, is granted to all persons, natural or corporate, who operate aerial services, to perform the functions proper to their specializatioii in Panama, so that within said period of time, they may comply with all requirenielits established in this Decree-Law. Article 221. Repeal of Laws. All legal provisions in conflict with the present Decree-Law are hereby repealed. However, if there are provisions herein that are in- compatible with ally international agreement to which the Republic is a party, the provisions of said agreement or agreements shall prevail. Article 222. Enfoi'cemen~t of Decree-Law. This Decree-Law shall become effective on the date of its publication in the Official Gazette. Let this be communicated and published. PAGENO="0613" PARAGUAY AERONAUTICAL CODE' LAW TITI~ I. SOVEREIGNTY AND LEGISLATION Article 1. 1) The Republic of Paraguay shall have sovereignty over the airspace above its territory. 2) For purposes of this Code, this territory shall comprise terri- torial waters. Article 2. Legal relations arising from air navigation shall be gov- erned by the provisions of the present Code, treaties and conventions with foreign nations, and regulations to be adopted. Article 3. The provisions of the present Code shall not apply to State-owned aircraft, except as expressly otherwise provided herein. Article 4. For purposes of this Code, the provisions on landing of aircraft shall include landing on water. TITLE II. AIRCRAFr ChAPTER I. DEFINITION AND CLASSIFICATION Article 5. An aircraft shall be any machine intended for carriage of persons or things by air. Article 6. 1) Aircraft shall be classified as: a) State aircraft; and b) Civil aircraft. 2) State aircraft shall be those used for military, customs or police service. 3) All other shall be civil aircraft. CHAPTER II. NATIONAL REGISTER OF AIRCRAFF Article 7. Aircraft, with the exception of military [aiicraft], must be registered in the National Aircraft llegistei. Article 8. The National Aircraft Register is hereby created to operate within the Board of Civil Aeronautics. Article 9. To record an aircraft in the Register, the owner or his legally constituted representative must present the sales contract, or a certified copy thereof, or any other document proving ownership. Article 10. Records of the following shall be entered in the National Aircraft Register: a) All legal ac.ts accrediting ownership of the aircraft, or con- cerning transfer. alteration or destruction thereof. 1 Adopte~I by law 409 of September 30, 19~.T. I'uUH~hed in the Rujtro Oricial, Septem- ber 30. 195T. 20] 5 PAGENO="0614" 2016 AIR LAWS AND TREATIES OF THE WORLI) bi Liens or encumbrances, existing on an a rc.ra.ft or which may be imposed thereon. c) The certificate of airworthiness. d) The grounding, disablement or loss of aircraft., and any substantial alteratiuns made thereto. e) Existence of insurance, and the date of expiration of the pol~cy. fi Charter contracts of aircraft. g) TIle lialile, clonilcile and nationality of the. directors or man- agers. and of the executives of enterprises owning Paraguayan aircrcft, and any amendments to the charters or by-laws of the ~ame. Ii) Iii geiieral, any act or fact which affects or may affect the legal status of an aircraft. Art~'c/c 11. 1) Forei~n aircraft. may not. he registered in the National Aircraft Register without a prior statement to the effect that its former registration has been cancelled, and an affidavit as to the conditions of title in the aircraft, issued by the country in which such cancellation of tue. registration was made. ~) Unlawful registration shall not exonerate the owner from the consequences of acts or facts which produce legal effects in the Republic. Jit;c7e 1?. Tile Board of Civil Aeronautics shall issue to the air- craft owners a certification of registration corresponding to each air- craft recorded in the Register. The certificate of registration shall contain a description of the aircraft, indicating its number or other identification marks placed on it by the manufacturer, the nationality and reci~trarion marks corresponding to the aircraft, the complete name. and a(idlres~ of the owner, the elate of registration a.nd any other data required 1) international conventions to which Paraguay is a party. A~t,c7e .l.~. The National Aircraft Register shall be public. The Board of Civil Aeronautics may issue certified copies of any registered documents. ~1 )f?c7~ 14. For reeordintr in the National Aircraft. Register, the fol- lowing requirement'~ must he observed, as the. case may be: i) If the aircraft beloniis to a physical person, this person must be domiciled in the Republic. hi If the aircraft helongs to joint, owners, the majority, with propert rights in excess of one-half of the value of the aircraft, must l)C tlo~iiiciled in the Republic If the c i ririft b~long~ to a partnership, at least. one-half, plur tie. nf the partners who are subject to joint liability repre- senting die najoritv of the capital, must he domiciled in the countiv, and t be islociat ion must. have its true and operating heiulqi~arfers in the Republic. d) Tf tile aircraft i)OIOflLrS to a corporation, the chairman of the l)oard (if djrectors, the. manager anti at. least two-thirds of the dirr~tras and cdniinistrators. must. be Paraguavans, and the. cor- por~th n must ii~ ye its real and effective headquarters and must he (r)ntrflhl ed within the Republic. ~i~~;c7e 1.~. ~tafe aircraft, other than military, shall be registered upon request of the State agency to winch they belong. PAGENO="0615" AIR LAWS AND TREATIES OF THE WORLD 2017 CII.~FTER TIll. NATIONALiTY ;lI'tiet1e /`L 1le~i-~tiatIO1l ~n the National Aircraft .hegister shall confer Paraguayan nationality on an aircraft. ~l/'f(cf~ 11'. (`vii aircraft registered in tile l~el)ual ic of Paraguay shall lose their nationality if, for aiiv leasoli, they fail to meet the conditions stipulated in Article 14 of t los (ode. or if they are regis- tered in a foreign State. CTIAVI'ER TV. M~1ZKS ANI) DOCUMENI'S Article 81. All aircraft must display distinctive nationality and registration marks in tile manner pr'ovicleCl iii iiiteriiittiuiial conveil- tions and in regulailons to be adopted. Article 1.9. Aircraft flying over Paraguayan territory shall carry certificates of registration and airworthiness, and all hooks and docu- ine.nts pres~ribed in the respective, regulations. Article 20. All aircraft used for international navigatioll shall carry on board the. following documents: a) Registration certificate. b) Certificate of airworthiness. c.) Licences for each crew member. d) Logbook. e) If equipped with radio apparatus, the license of the aircraft's radio station. f) If it carries passengers, a list of their names, indicating points of departure and destination. g) If it carries freight, a manifest and detailed declarations as to the cargo. CILAPrER V. OWNERSHIP. MODIFICATIONS AND TRANSFERS Article 2.1. The legal status of aircraft shall be that of personal property, with the exceptions noted in the. present Code. Article 22. 1) The. transfer of ownership of aircraft shall be forina- hzed by public instruments [notarized] and the contract. shall be recorded, under penalty of nullity, in the National Aircraft Register. ~ Iii order to effect a tiansfer, the following shall be required a) Authorization by the Executive.: b) Affidavit. of the Director of the National Aircraft Register stating the ownership of the aircraft and its l)1e~1~t status. Article 23. 1) The transfer deed, accompanied by the registration certificate, shall be l)reselltNl within a period of ten days from the (late of issue, to the National Aircraft Register for reiiistration and for issuance of a new certificate. 2') In the event of failure to ree:ister in the Regi~ er, the transferee shall be liable for any (lama~es and losses which may occur. Artielc 24. `\Vhen the acquisition is i~iade abroad, the national con- sular authorities may re~ister the contract, sen(lina ~innied~atelv a statement thereon to the ~ational Aircraft Register. ChAPTER VT. AIRCRAFT (1IARTEti5 J'rticic' 25. TI ie~ charter of aircraft may be made for one or more trips, or for a fixed period of time. PAGENO="0616" 2018 AIR LAWS AXD TREATIES OF THE WORLD A rticie 26. A person interested in chartering a Pa.raguavan aircraft must have his domicile in the Republic., whether it is a physical or cor- porate person. Artc7c 27. The rights and duties arising out of a charter coitt.ract may not he. traiisferrecl wholly or partially, unless authority to do so has been exnresslv agreed upon. Article 28. 1) The. charter contract. must. be in writing. and must be registered in the National Aircraft Register. ~) In case the contract is not registered, it, shall not, be effective against third l)arties and the lessor and lessee. shall be jointly liable for any violation or claina.~e.s caused by the aircraft. Article 29. The general provisions of the Code of Commerce con- cerning shipping charters shall be applicable insofar as they do not conflict, with the l)leSent Code. CHAPFER Vu. ~T1idR\FT MORTG.~GEs Article .30. Aircraft may be mortgaged. The mortgage must be in- corporated in a written [notarized] instrument, and must be regis- tere(l in the National Aircraft Register. The registration shall en- title the mortgagee to preference over other creditors according to the order of sequence in which these have been created. Article 31. In case of loss. decrease in value, or confiscation of the aircraft, the right of the~ mortgagee may be exercised on the amount of insurance, the compensation due for damages cause.d by third per- sons, and the value of the expropriation, up to the total of the credit. Article 32. The following shall have preference over the right. of the mortgagee, in the order of sequence listed: a.) court costs. b) Credits of the State for fines imposed for violations and taxes. c) Fees for use of airports or services auxiliary to air naviga- tion. d) Credits arising from assistance, search and salvage of t.he aircraft. e) Credits for provisioning or repairs made at a place other than that. of its destination in order to be able to continue the voyage. f' TI wages of the crew for the last. voyage. Article 33. A mortgage shall expire three years from the date of its registration. Article 34. The statute of limitations on ship mortgage contracts shall apply also to aircraft. mortgages. insofar as it. does not conflict with the present Code. CHAPTER VIII. AT1'ACHMENT OF AIRCRAFT Article 35. With the exception of State-owned aircraft, all ot.hers shall be subject to attachment. Article 36. Recording of the attachment in t.he National Aircraft Register shall confer on the holder the preferred right to be paid be- fore any other creditor, with the exception of those with superior rights. PAGENO="0617" AIR LAWS A~D TREATIES OF THE WORLD 2019 Artcle 37. Attachment shall be accompanied by Qroufl(ling of the aircraft, when it has been ordered under the following circumstances a) Execution of a judgment b) A loan made to enable the unclertakin~ of the. trip an(l even though the aircraft is ready to depart; c) A claim of the seller of the aircraft for breach of the sales contract. TimE III. Ani TRAFFIC Aitie/e -38. Traffic and landing of aircraft shall be freely permissible on national territory, l)ro\i~led that the provisions of the present Code and of the air regulations are observed. Article 39. In case of war or internal disorder, or when public security is deemed endangered, the Executive may prohibit or re- strict air traffic over Paraguayan territory. Article 40. Flight over specified areas of Paraguayan territory may be prohibited or restricted for reasons of military order, public secu- rity or safety of air navigation. Article 41. 1) The Board of Civil Aeronautics may prohibit or im- pose conditions on transportation of explosives, war materiel and other objects or substances expressly specified, as well as on the use on board of photographic equipment. 2) In no case may explosives, munitions of war and flammable sub- stances be permitted to be transported on aircraft carrying passengers, either as cargo or as equipment. Artiele. 42. No aircraft, may fly over a town at a lower altitude than that fixed by the competent authority. Article 43. With the exception of cases of imminent danger, no matter or object which may cause injury to persons or property on the ground may be thrown from aircraft in flight. Article 44. Aircraft may not leave Paraguayan territory except from a customs airport., or from an airdrome especially designated by t.he Bureau of Civil Aeronautics where customs formalities may be observed. The same requirements shall apply upon entry from abroad. Article 43. Aircraft. enterinu from abroad or which leave Para- guayan territory must cross the frontiers at hxe(l points and follow the routes established by tIle partinent laws and renniatiens. Except in cases of lorce nta~e~ire. they may not land between the geOgra~)hic frontier ~nd the airdrome, either before or after observmg the cus- toms rcquireiiients. Article 4G. No aircraft of a foreign State may fly over, or land on Pa.raguar:tn territory unless it has permission from the Ministry of National Defense, and the provisions of this Code shall not be applica- ble except as s1)eeified in such permit. Aitiele 47. W~hen an aircrait hes landed on laud or water at. loca- tions other than the njrdronits ~fli ~ for time l)11li)0~C. ~~Tme persons in charge of such operation shall be under a duty to communicate im- mediately with the nearest customs or police authorities. justifyimig the calne for the deviatioi~ from the route. Artic7e 48. Foreign aircraft with permission to fly over national territory in transit shall not be ~ubject to customs fci-malities. They must follow the fixed air route, and obsirve the applicable traffic rules. PAGENO="0618" 2020 AIR LAWS AND TREATIES OF THE WORLD A ite7 ~f. 1) The. competent authority may investigate persons, rcra ft. crew and transported goods. prior to take-off, during a flight, upon landing or Ivilile st:~ndui~ on an ailpoit and may take the neces- sarv ensures for the sit fetv of t lie flight. ~ ) Without exception, aircraft iii flu lit over thme territory of the l~epiib1 in. shall be oh igated to land immetliately 111)011 receiving orders to (i( 1 5( a i Iii lisa itteti non the giouitd 0 ai r 1 )V men us of re.n'ulat.ion signals. He fusal to oOev tile order shall ~i ye a right to use force in I he cases and under the ciicumstanees est.ahIn~hec1 bc the Executive, and the State sinihl then be exempt from all liability for damages and ill u1'ies i'iin'n iiiav l)e (ailsed. Firir I\. Gin It ND 0 I1G\ ~ 1Z\Tl( ix C iL\V1~F;1~ 1. \TRI)III L~IF~ 1 ~ h ./). \n a I rdIonle shall I e a dehned area of land or water mtmoided wi 1)11 V or art ~i liv i'i the laiinilmjinr. parking or take-off of iiiinraft. - A,t;e7e .1. .Annordin~i to tIle service otlered, airdromes may be public O~ A ,he7 .~2. 1) Any iii i'dronie equi~)~)eli with instalhitt 10115 for the shelter or rel)alr of aircraft, for loading and unloading of passengers, baggage or carLro. and with services to aid air navigation, shall be known as airport or livilropoit. depending on whether the area is on I Il 11(1 or water. 2 Customs airports shall be those equipped for tile dispatch and receipt of aircraft used iii inteimitionni air I 1;IllspOrtOtiofl. A It/n/f ;~]. ~o airdrome niav be constructed, or if constructed, max not he all ered. without advance authorization from the Board of Civil Aei'ona titics. Ai't;C7C ~4. The construction and operation of an airdrome must be in ac.norda.iice wit Ii tl~e requirements prescribed by the Board of Civil Aeronautics, according to tile use to be made thereof; this office may require that airdromes used or to be used for flights of aircraft in in- ternational transportation. shall be constructed or altered in accord- ance with tile standards and methods recommended by the Interria- tional Civil Ax~atioii Organization (I.C.A.O.) A,th~/e 5.. Aircraft must depart from, or land at public or private airdromes. This duty shall not be binding in case of foi'ee majeure, or with respect to State aircraft in exercise of their functions, nor in cases of search, assistance or salvage., or of aircraft performing health services. A,t;c7e 5G. 1) With the exception of foi~ce 9najeiii'e, no aircraft may land on private airdromes without. authorization from the owner. 2) The landing on private property, whether or not this be an air- drome. shall not authorize the property owner to prohibit the con- tiiiu~ition of the trip. 1) Tile owner of the place of the iandiu~ shall report it to the near- est authority. or directly to the Board of Civil Aeronautics, indicating the uational~tv and 1P~i~ztrat1em1 markings of 11e aircraft, and the name of the pflot and of his companions or passengers. PAGENO="0619" Ala LAWS AXD TflEAT1E~ OF TFU~ \VO1~LD 2021 ChAPTER II. INSTALLATIONS AND SERVICES FOR AID TO AIR NAVIGATION Ji'tic7e .57. Services for aviation control, me.teroiog~v. telecommuni- cations and installations for around assistance to give piotec~t.ion to air navigation must be established and maintained in operation on all nat.ioiial and international air routes authorized in the nation. Ai~t~e7e 58. The services and installations mentioned in the preced- ing article must be installed, operated and maintained in accordance with the standards and methods recommended by the International Civil Aviation Organization, and under the conditions stipulate.d by t.he Civil Aeronautics Board. TITLE V. L~ri'rxi'ioxs ON PROPERTY IN INYEREsT OF AIR NAVU;ATION J,t~(7e SP. No person, on t.he basis of a right in property or of pos- session, may oppose the overflight of aircraft.. If a flight, causes dam- age. the injured person shall have a right to compensation. Jrf,'i'le GO. AU property ilecessamy for the es~tabhishmiieiit or expan- sioii of public airdromes and of its installations is declared to be of Imh)11c interest and may be expropriate(l. Aiticle 61. 1) For the purpose of facilitating operations of land- iiu~ arid take-off of aircraft, the Board of Civil Aeronautics shall he authorize(i to adopt iiieasures for the creation of safety zones in the suIroun(linu areas of public airports, ill which the construction or maintenance of any type of obstructions shall be restricted or p1o11~b1te('I. ~ ) Advance aUtllOi~ZatiOn by tile Board of Civil Aeronautics shall is' meoujied iii all cases of construct ions and inst aliat ions iii tin' areas surrounding public airports. Article (72. 1) The Board of Civil Aeronautics may, with previous compensation. order or provide for the demolition or for total or partial destructjon of the ol)structidln. of any construction. building or other categories of works which impedes or might impede the oI)erations of landing and departure of aircraft, if these exist within the safety zones at the time of establishment. exteris~on or operation of a public airport. 2) The Board of Civil Aeronautics may suggest. arid if not obeyed, may order the demolition or abolition of obstructions cicated within the. safety zones in violation of the provisions of Article (ii; in this case no payment of compensation will he in order. A rt;cle 6.9. 1 The marking of obstructions shall l)e compulsory throughout the territory of the Ilepublic if they, in the opinion of the Board of Civil Aeronautics, constitute hazards to air navi~ation the expenses for installation and operation of such signals will i~e to the account of the State. The markiim~ shall be me de in accordance wjfl'i the re~ulations enacted by the Board of Civil Aeronautics. 2 ) Time Board of Civil Aeronautics and time grantee~ of autl~oriza- t!ons to establish airports shall have the right to use any public or private property ~ratuitouslv for the installation of safety services, on eonditjon that these do not affect the normal ~m~e of such properties, Tidings 01 installations. Any (lamanes re~i~itiug froam the con- stmue iou and operation of installations of sifetv se!vi('cS shall be 1fl(1C~1~fl1fiP(i. PAGENO="0620" 2022 AIR LA~VS AND TREATIES OF THE WORLD TITLE VI. FLIGhT PERSONNEL CHAPTER I. LICENSING OF PERSONNEL Article 64. Aircraft pilots. other members of the flight crew and persons otherwise occupied in the operation and mechanical servicing of aircraft. must hold certificates of competence or licenses in the form established in the respective regulations. Article 65. 1) The validation of licenses granted by a foreign na- ton shall be governed by the agreements iii force between such nation and the I~enuh1ic of Paia~uav. ~) If no a~reements exl~t. the licenses may be validated under con- ditions prescribed by the Board of Civil Aeronautics, and subject to the principle of reciprocity. Ar~c7c `76. The Board of Civil ~~errwautic~ shall determine the com- position of the fii~rht crew for aircraft u-~ed for transportation and that of the ground crew iieeessarv at the airports, and shall regulate the functions of each. I'TI~\PTEJ~ ii. COMMANDER OF AIRCRAFT Article 67. Every aircraft in transport. service must have on hoard one person invested with fimnction~ of commander. Article 6$. The desi ihation of commander shall be made by the operator of the aircraft and he shall serve as his representative. A i'fclc ~Jfl. 1 The commander of an aircraft shall have disc~plinary power over the crew and niiihoritv over the aircraft, its passengers and cargo. By virtue of such powers, the commander of the aircraft shall: a.') exercise authority over the aircraft, crew, passengers, and cargo: b) have the right and duty to control and direct. the crew and passengers to the extent. necessary to secure order and safety; c) have the right, on reasonable grounds, to remove any member of the crew. 1)asse1~er or c~1rgo at an intermediate stop, and to refuse, on reasonable grounds, the embarcation of any person or of cargo: d') have disciplinary po~ver over the crew within the limits of his functions and, in case of need, over which he shall have com- plete discretjon, lie may order any member of the crew, for a temporary pel'io(l, to undertake any service, which is not the one for which he was employed. ~) If during the voyage a crime is committed, the commander must take a deqiiate measures to detain the criminal and other suspects temnororilv, who sheli then be turned over to competent authorities. In acliiition. he shall u'uleri'ike any urgent, investigation, and con- fiscate, gather and preserve any objects which may serve as evidence, and shall file a detailed report on the occurrence. 3') If the aircraft lands in a forei~n country following the commis- sion of the act, the commander shall inform the Para~nayan consul at. that phic. who dm11 then issue to him the necessary instructions. 4) A~ the end of the tr; j). the conhmandler shall Present to the Board of Civil Aeronautics a wri `ten report on the facts and on the investi- gation. PAGENO="0621" AlE LAWS AND TREATIES OF THE WORLD 2023 Arfic7c ,~`J. The. mime of the commander and ~he ~ powers which may 1ia'~e bean conferred on him must be. incorporated in the flight documents. Article 2?. Even without special authority, the commander of an aircraft shall have the right a) to make the purchases necessary to complete a voyage in progress; b) to have necessary repairs made. to pe~~mit sI)eedy continuation of the voyage; c) to take all measures and incur all expenses necessary to guar- antee the safety of the passengers and crew and the custody of the cargo; d) to borrow all funds necessary to permit the performance of the measures listed in paragraphs a), b) and c) of the present article. e) to contract. for personnel necessary to complete a voyage to work for the duration of a trip, and for replacement of crew members who are not continuing the voyage. Article 73. Prior to departure, the commander shall ascertain the efflcient operation of the aircraft and the weather conditions on the route he will follow, deciding on his own responsibility whether to suspend the trip. Arficle 7~. In case of danger, the commander of aircraft shall remain at his post until he has taken all possible measures to save the passen- gers, the crew and the property on board. and to prevent, damages on the ground. Article 75. In accordance with provisions of Article 4~i. the com- mander of an aircraft. shall have the right to throw overboard during the voyage any cargo, baggage or mail, if he considers it indispensable to the safety of the aircraft.. If there is possibility of a choice, he may throw out. first. things of lesser value. Article 76. The commander of an aircraft shall record in the log- book the marriages, births and deaths occurring during the trip, and shall send a certified copy of said entries to the competent. authorities as well as to those of the place of first landing, if so required by the local authorities. CHAPTER III. LABOR CONTRACTS AND SOCIAL SECURITY Article 77. AU matters with respect. to labor contracts and social security of aviation personnel shall be governed by special legislation. TImE VII. Am TRANSPORTATION CHAPTER I. OPERATION OF AIR SERVICES Article 78. The operation of air services for transportation of pas-- sengers or goods shall require prior authorization by the Executive. Article 79. Authorization for operation of air services shall he sub- ject to the right of operating in conjunction with other established airlines, or with other means of transportation. Article 80. No authorization shall be granted without prior proof of the technical and financial qualification of the interested party, PAGENO="0622" 2024 AIR LaWS AXD TREATIES OF THE WORLD and the ability of being able to use satisfietorilv the airports, aux- iliai~ services and flight equipment which they propose to use. J~t;c7e 81. The grantee of an authorization may not transfer it. Authorized services may be transferred only when they are operating efficientlY in the opinion of the Board of Civil Aeronautics, and the technjcal and finaneisi qualification of the~ transferee has been proved. J,ticlc 8~. The Executive. following a report by the Board of Civil Aeronautics, may cancel an authorization conferred for operation of air services: a ) When the alit liorizecl perSOil fails to perform his duties, or to obey the provisions of this Code whjchi govern the transporta- t oil )f pas~efl~e~. be ~~ii~e ~lll~l cargo U) `~Vlieii the ~er~l~e ~is not conimeiiced \vitlun tile period fixed ii the ~i~iil1orizal iOn, w:tiiout pist cause: c ) \Vbcn the service is \Vlli)llV or pa rtiall disrupted. without i-t ~ii~e. A it;1r 8d. Authorization for the operation of air services may also be revoked: a ) When the authorized party is insolvent or declared in bank- ruptcv. or the company has been dissolved by judicial decree When tlie rights to operate an air service have been trans- ~re1.1 e1 ::i v~oiat~on of provisions of Article 31: c ) When the safety devjces preser~hed in Title X of this Code have not been installed: ct) \Vl~en the piillc ~llterest mentioned in d~rticle Q3, last pam- itraph. doe~ nor exist. A1t;eye h~. 1) in the eases hist~d in Artjcie S2 and in Article 33, Sees. a), b). and c), before authorization is revoked, the interested party shall be given a hearing iii order to produce evidence of dis- char~e [of his duties]. The Period for such proof shall be (15) fifteen ITSYS. 2) The Minister of Nakonal Defense or tile superior official whom he ~iav name. shall direct this proceeding. 3) The interested party may request the Executive, within (10) ten days after the notice, to reconsider the decree rendered against him, exce1)~ ]fl the ease. covered in Art~cie 83, Sec. d), which shall admit of no appeal. Jct;e/c 8;~. tppeais to the. Te~vna7 7e (hicntas may he had from the in 11 d ii ~ e I in ~ J ci in \ w ith in tei (ii) ci l~ ~ follow ing not i ac~i t ion thereof. C1i.\FTrR II. DOMESTIC AND INITIINATIOXAL TIIAXSP)RTATION J,t,h7e CP. 1) Domestic air transportation shall be that carried Ofl between twi or un ire lacatjcns on 1~araguaviul terr~torv. 2) ~A iv i raush ioit at ion ~hc 11 not lose its domestic character when tile ajreri P inches a horce Ia nd hg on territory of a neigLbor~ng country. J. ~t;~/~ ~ 1 at~rllat on al air trRllsl)Ortatiofl shall be that carried on. the torch am: of the liepubhc and that of a foreiitn State. or hetv:oc~~ t 0 er~nns en un usual territory with a scheduled stop on the turhar Sf iL i:&u S' a~ / 5 L C 1 ~ ~. rra:n tmrt s~r:iccs, whether scheduled or lent, all ii rcn~iilei Sd 5 V:ttioll `~(Tk performed wholly within the PAGENO="0623" AIR LAWS AND TREATIES OF THE WORLD 2025 country, may be operal ed only \vitil Paraguayan aftcraft. Tue Executive, by way of except ion and 1)lIrsuant. to public i iiterest, may authorize smii activities by aircraft. registered in another State. A,tcle 8.9. Foreign aircraft may operate international air transport services pursuant. to the provisions of international treaties, agree- inents or conventions to which Paraguay is a party, or by aut.horiza- tion as pro vided iii Article. 78. - Avtcle 90. For the purposes of this Code, scheduled air service shall be a series of flitilits operating in the following manner: a) with aircra ft. for commercIal transportation of persons or goods, ill such a. manner that he pul)lIc has access to all flights; b) for the plilpose of serving traffic between two or more points which are ahvavs the same: this may be adjusted ejther to a pub- lis]~ed time schedule or t1ìroic~li U iuhts which are so re~uiar or frequent. as to (Olistitute. a :scr[eS which nvi be a(knowledged to be systematic. clr.\I'TT:R Ill. CARRL\OE OF PASSENGERS Article .9!. A ~)aasengeu ticket, contauling tile following infoi~a- an. must ~)e issued tar tran~uut ion ~ pmige1~: a) ~~er!a1 !llmli)eI U) i~l~i~e and J~Iie 01 ISSue c Place o1 denar~ mmmc auvl dest jnatian d ) Name of l)a5~e11k:er e) Name and address of carrier f) Price amid clash of passage g) Flight number. Article 93. Unless there is evidence to the contrary, tile ticket shall vouch for the performance and conditions of tile transportation con- tract. nile lack, irregularity, or loss of a passenger ticket shall not affect the. existence, or validity of tile contract, whch shall remain subject to the plovisiolls of this Code. CIIXPTER IV. BAGGAGE TRANSPORTATION Article 93. For transportatIon of baggage. except for objects re- mauling in tile (uStodv of the passenger, a baggage check shall be issued Ivitli the, following data: a) Nmimi.er of tile corresponding passenger ticket b) Place of departure amid clestiumation e) Weiuht. and numl)er of pieces d) \alue declared as the case may be e) Notice. that the bauL~aue lviii i)~ delivered to the holder of tile check f) Flight number. A i/ic/c 94. Ihe Ua~iia~e chtc.k SlOth lie iSSTleiJ ill duplicate, one the pas~enge.r and tue. other for the carrier. Aiticic 9a. I ulless thieve ~s pmoet o the comitrarv. the hi~~~ga~e cic'~k shall be evidence I hit tue me.uece has been reaustered end of the con- ditiomus of tile tlilllKlA)Ft ~( 1011 cOIlttIldt. ihe ab~ei~ce. iimeguh~rity, or less of the baggaLre check she] 1 not affect tile existence or validity of the cola mact, \vhii~l~ sl iall tenma 1 subject to tIme pn uvuoons of this Code. PAGENO="0624" 2026 AIR LAWS AXD TREATIES OF THE WORLD Artcle 9G. Baggage transportation shall be adjusted to the limita- tions on weight and quantity which may be fixed; excess baggage must be subject to special provisions. ChAPTER V. TRANSPORTATION OF CARGO Article 97. The air wa\'biil shall be the legal instrument for the transportation contract for carriage of cargo by air. Article 98. The air waybill shall he issued in triplicate copies. The first copy shall be. marked "for the carrier", and shall be signed by the shipper. The second copy shall he marked "for the consignee" and shall be signed by the shipper and the, carrier, and be att.ached to the cargo. rfhe third copy shall be signed by the carrier and be (lelivered by him to the shipper after he has accepted the cargo. Article 99. The air waybill shall contain the. following information: a) The nationality and registration marks of the aircraft: b) The place. of depi~iture and the destination, and date of issue: c) Name and address of the shipper. the carrier and the con- signee: ci) Number of packages. the. weight. a.nd nature of the cargo; e.) Declared value of the cargo. as the case may be; f) Transportation costs. Artic7e 100. The shipper shall be responsible for the accuracy of the information in the air waybill and for damages and injuries which may result to the carrier or of third persons as a consequence of false or irregular declarations. Artic7e 101. Except for proof to the contrary, the air waybill shall vouch for the conclusion of the contract, the receipt of the cargo by the carrier, the conditions of the transportation and, in general, all statements contained therein. Artie7e 102. T1e lack. irregularity or loss of the. air waybill shall not prejudice the existence or validity of the transportation contract., which shall remain subject to the provisions of this Code. ChAPTER VI. TRANSPORTATION OF MAIL Article 103. Transportation of mail shall be made under the super- vision and control of the Board of Civil Aeronautics. Arh'cle 104. Delivery of mail transported by air shall have prefer- ence over all other articles transported. Article i0.~. Aircraft designated for international postal service shall not be exempted from the requirements of safety, sanitary police and customs inspection. Aifiele 106. The provisions of the postal laws shall be applicable as far as they are pertinent. t.o mail transported by air. TITLE VIII. CIVIL LIABILITY [TORT LIABILITY] CHAPTER I. CONTRACTtTAL LIABILITY Article 107. The carrier shall be liable for damages resulting from the death or bodily injurY caused to passengers by an accident related PAGENO="0625" AIR LAWS AND TREATIES OF THE WORLD 2O2~ to the transportation and occurring while on hoard the aircraft, in the~ course of boarding operations, or while the passengers are entering or leaving the aircraft. Article 108. 1) The carrier shall be~ liable for damages resulting from the loss or damage to registered baggage and cargo, when the act causing the damage occurred during the air transportation. 2) Air transport, for the purposes of the preceding paragraph, shall be understood to be the period during which the baggage and cargo are in the care of the carrier, whether at the airport. or on board the aircraft, or at any other place in cases of landing at locations other than at airports. 3) Except for agreement to the contrary, the obligations of air car- riage shall not include land, marine or river transportation carried on outside of an airdrome. Nevertheless, if in the course of a contract~ land, maritime or river transportation is made in order to carry, deliver or transfer baggage or cargo, any resulting damages shall be consid- ered as caused during the air transportation, except for proof to the contrary. Article 109. The carrier shall be liable for damages arising from delays in the ca.rriage of passengers, registered baggage or cargo. Article 110. 1) In cases of transportation made successively by a number of carriers, each carrier receiving passengers, baggage or cargo, shall be subject to the provisions established herein, each being considered as a party to tile transportation contract. 2) In cases of carriage of this nature, the passenger or his legal suc- cessors shall have a right of action oniy against~ tile carrier which was actually engaged in transportation at tile time tile accident or delay occurred, unless tilere was special agreement. that tile first carrier would assume liability for the entire transportation. 3) With respect to baggage or cargo, the shipper shall have a right of action against the first carrier, and tile consignee shall have the right to demand delivery from tile last carrier, and either one of them may, in addition, bring an action against the carrier which was making tile transportation at the time tile destruction, loss, damage or delay occurred. These carriers shall be jointly liable to tile shipper and the consignee. Article ill. A carrier shall be exempt from liability if he proves that the damages were caused solely by the negligence of the injured person. In case of joint negligence, the liability silall be reduced in proportion to the contributory negligence proved on the part of the in- jured person. Article 112. 1) A carrier shall be liable for misdemeanors com- mitted by his employees in the performance of their duties. 2) A carrier shall be exempt. from liability if he proves that he or his employees took all possible and foreseeable precautions to a.void the damage, or that it was impossible to take such measures. Article 118. 1) In the carriage of persons, the carrier's liability with respect to each passenger silall i~e limited to an amount of 1,000,000 (one million) guaranies. Nevertheless, a higher limit may be fixed by express agreement between the carrier and the passenger. 2) In the carriage of registered baggage and cargo, the carrier's liability shall he limited to the amount. of 1,000 (one tilOusaild) guar- anies per kilogram, unless a special declaration of value has been made 39-737-65-Vol. II-40 PAGENO="0626" 2028 AIR LAWS AND THEATIES OF THE WORLD by the passenger or shipper at the. time of delivering the package to the carrier, with payment of an additional rate., if there is justification tlierefor. In such cases, the carrier shall pay up to the. clechired amoimt, unless there is proof that this is greater than the actual value at the time of (leliverv. 3) In case of loss, damage. or delay of any part of the registered bag- gage or cargo. or of any object. lnclu(led therein, the total weight of the affected l)iece only will be taken into consideration in fixing the limit of liability of the carrier. Nevertheless, when the loss, damage or delay of an part of the registered baggage or cargo or of any object included thevein~ affects the. value o ~ the remaining pieces included on the same baggage check or air wa bill, the total weight of such pieces shall be taken into considerat iou in cleter~nining the limit, of liability. 4) rIilIe liability of the carrier shall be limited to an amount of 20,000 (twenty tl~ousandl qu"i'eidcs with respect to any objects remaining in the CU~tO(lV of the passc1~g'e1'. .4 i'te7e / !.~. 1) Any clause tending to rd ie.\~e the carrier of liabil- ity. or to fix a limitation less than that designated in this chapter, shall be void: but the nnhitv of such clauses' shall not. ve~d the con- tract, which ~ha1l r~nciin ~uh~ect to the estal)lished provisions. 2) The provisloils of the precedng pa icu~raph shall not be appli- cable to the clanses efeii'm a loss or i~ullage resuihting from the nature or defects ill thld iiaulspOrte(.i goods lueniselves. / ~ 7 / 1 ~ ie ii a a on u ifl ~n~d u \~ t te I l h ill not be appiicai)le if it is proved that the damage is a result of an act or onus- sion of the carrier or of his employees. wi~hi intention to cause the dam- age. or with reekles~ness and knowledge that it probably would cause damage: nevertheless, in the case of ami act or omission of the employees, it shall be necessary to prove in addition that they were acting in the ne.rformance of their duties. - Jrt;~/e lId. 1) The receipt of baggage. or cargo by the passenger or consignee. without. protest on their part. shall. raise a presumnptioui that the goods were. delivered in good order and in accordance with the stipulations for their carriage. ~) In case. of loss or damage, the. passanger or consignee must. pre- sent a protest ~mmediatehy upon having noticed the damage and at the iatest. within seven days for baggage and fourteen clays for cargo, corn- puted from the dale of receipt. I.n ease of delay, the protest must. be made at the latest within twenty-one days computed from the day on which the l.)ag~age or cargo was placed at tile disposal of tile passen- ger or consignee. 3) All pi~otests must be made on the transportation document. or by means of other wrltten instrument issued within the period stipulated for such pi'otest. 4) In the. absence of a protest within the. fixed periods, no action i~pinst the carrier shall l)e admissible, unless there has been fraud on his part. J,t~'/c I !~. 1) If the scheduled trip is interrupted or not under- taken, tile passenger shall hìave a right to reimbursement of the plo- hat e D'i ~ i~f th~ cost o t h~s passa~e for tue. incomplete part. of ic vo:;i~e cii pa~mdnt of ordinary expenses of travel and iayover~ iron~ tLe lI4~ of IallJm!i to tLe nearest pI ice f1~o~ ~`hi~1t h~ fflflV 0011- i iuue. hh trip, in the first case. iuu.i ref Ulil of tile ticket. price In the latter case. PAGENO="0627" AIR LAWS AYD TREATIES OF THE WORLD 2029 ~ passenger who fails to appear or who arrives late for a. flight for which a ~HsSi1ge ticket. has been issued to him, or who interrupts his flight, shall have no right to demand the refuiid of all or part of the. aflIoUnt paid. CHATYrER II. LIABILITY TO .I1HIRD PERS(O~5 Jifh~7c 118. 1) A person who suffers injuries on the. ground shall have a right of compensation Iimoneiv by proving that the. damages were caused by an aircraft in flight, or by a person or object. falling there- from. However, no compensation shall be l)~ly~ui)le if the damages are not. a direct result of time act. causing them, or if they are due merely to the ~~lssag~e of the aircraft tIliougli the airsl)ace. pursuant to the applicable. air traffic regulations. ~) For purposes of time, present (.liapf ci, an a.~rcraft shall be con- sidered as in flielit. from the. time when i~o~ver is apolied to lift it until it c.OlflJ)letes its landing run. J it~'(c 119. 1) The obligat jon to pay commipelisation for damages shall be inciunbent upon tile oIL)erator of time aircraft. ~2) For the purposes of this Code. an operator shah be. considered to be the. nile who is using the aircraft, at tli~ rime the. damage is caused. IToivever, an operator may be considered to be a ~ who, having directly or indirectly conferred the. right to use the, aircraft to another, Juts reserved the control oi its navigatioli to himself. :~ ) Am' p~rsoIr shall be consi(leredl as using an aircm.a2t who does so pei~omi1 iv or through employees in the performance of their duties, whether they act within or beyond the limits of their duties. 4) Time owner recorded mn time ~atiomiam Aircraft.. ,j~erister shall be presumed to be the operator and liam)le as such, UflieSs lie. pro~~s that another pel5011 is the operator. Aiti~cie 120. If a person uses an aircraft without. consent of tIme per- son who has the right t.o controj its navigation, the. latter, if he fails to prove that he took the necessar measrres to avoid such use, shall be jointly liable with the unlawful user for the. compensatory damages provided in Article 118, each of them um'l(ler the Con(lit ions afl(l limita- tions of liability provided in this Chapter. 41~t;('/e 121. The person who would have. been liable in accordance with, the provisions of this Chapter shall not. he obliged to compensate for damages which are a. direct result. of armed conflict, or civil disturb- ances, or w-hen he has been de.urived of the. use of the a ir'raft. by an act. of a. public authority. Article 122. ri iersoml who would have, been liable according to the prov~si0ns of this Chapter shall be. exempt fromii I tIihitv if lie proves that. the damages were ealFed solely Lv neghi ence of the injured ncr- son. Tf the person liable can prove that' the damages were caused partially by negligence, of the in iiired pewcn. lie ccimiv~imsation shall be. reduced in proportion to such contributory ncR] m~ence. Jrf3cle 12.3. If two or more a licraft. in fli~ht (elude or interfere with each other, and compensatory (lamaR~es result aceai.d~~ui to Article 118, or if two or more aircraft. jointly cause tIme OanlaQes, each aircraft shall be considered as the cause of time (lamare, uniT t]~e respective operators shall be liable under the con(lit 10115 and limitations speci I3ed in this Chapter. PAGENO="0628" 2030 AIR LAWS AND TREATIES OF THE WORLD A~tic7e 124. 1) Without prejudice to the provisions of Article 125, the aniount of indemnity for compensatory damages, according to Article 118. charged jointly to persons held liable in accordance with the pi~eseiit Chapter. shall not exceed per aircraft and per accident: a) 2,000.000 (two million) gwu~an~e8 for aircraft whose weight does not exceed 1,000 (one thousand) kilograms; b) 2.0,000 (two million) ~juaianies, plus 1,600 (one thousand six hundred) g~ai'anIes per kilogram over the 1,000 for aircraft weighiii~: over 1,000 (one thousand) kilograms but not over 6,000 (six thu ii ~a iid) kilograms: c) 10.000,000 (ten million) guarar~~es, plus 1,000 (one thou- sand) g?1aran~es per kilogram over the 6,000 (six thousand), for aircraft weighing more than 6.000 (six thousand) kilograms; but not more than 20,000 (twenty thousand) kilograms; d) 24,000,000 (twenty-four million) quaranies, plus ~00 (six hundred) qual'anes per kilogram over the 20,000 (t.wenty thou- sand) for aircraft weighing over 20,000 (twenty thousand) kilo- grams but not more than 50,000 (fifty thousand) kilograms; e) 42,000,000 (forty-two million) quaran~es, plus 400 (four hundred) qua~ranies per kilogram over 20,000 (twenty thousand) for aircraft weighing more than 50,000 (fifty thousand) kilo- grams. 2) ~The compensation in case of death or injury shall not exceed 2,000,000 (two million) quciramu~ec per person killed or injured. 3) The amounts fixed in paragraphs 1 and 2 of the present article shall be reduced to one-half if related to aircraft exclusively intended to private use of its owner or belonging to corporations that have as objectives the training of civilian pilots or aviation operations of a scientific, health or agricultural character. 4) "Weight" shall signify the maximum weight of an aircraft au- thorized to fly with an airworthiness certificate. A i'tlc7e 125. The above mentioned limitations shall not be appli- cable: a) When it is proved that the damage is the result of an act or of omission of the operator or his employees, intended to cause the damage, or performed with recklessness and knowledge that it would probably cause damage, on condition that in the case of acts or omissions of employees, it is proved in addition that they were acting in the performance of their duties; b) When the person liable has unlawfully taken possession of the aircraft and uses it without consent of the person who has the right to authorize its use. Artcle 126. 1) When two or more persons are liable for damages, or in the event that the recorded owner is held liable even if he is not the operator, according to the provisions of paragraph 4 of Article 119, the persons suffering the damages shall not have a right to a total compensation higher than the maximum which, by virtue of provi- sions of this Chapter. may be imposed against any one of the persons liable. 2) In the cases provided for in Article 123, a person suffering dam- ages shall have a right to compensation up t.o the sum of the respective limitations on each aircraft in question, but no operator shall be liable PAGENO="0629" AIR LAWS A~D TREATIES OF THE WOELD 2031 for an amount exceeding the limitations applicable to his aircraft, unless his liability is unlimited as provided for in Article 125. Article 127. If the amount of compensations fixed exceeds the. appli- cable limitations on liability, the following rules shall be observed, ~king into consideration the provisions of Article 124, paragraph 2: a) If the compensation refers solely to cases of death or injury, or solely to damage to property, the respective amounts shall 1)0 proportionately reduced: b) If the compensation refers to both death or injury and to damages to property, one-half the amount. to be (listributed shall be destined to cover the compensation for death or injury, and if this sum is inadequate, shall be distributed proportionately among the various debts in the case. The remainder of the total amount to be distributed shall be prorated between the compensation due for damage to property and the uncompensat.ed proportion of the other compensations. Article 128. The provisions of this Code shall not be applicable: a) To damages caused to an aircraft in flight or to persons or property on board same; b) To damages on ground if the liability is governed by a con- tract between the person suffering the same and the operator or person who has the right to use the aircraft at the time the dam- age occurs, or by labor laws applicable to the labor contract cele- brated between such peI~on5 CHAPTER III. DAMAGES CAITSED DURING GRATUITOUS TRANSPORTATION Article 129. In cases of damage caused on occasions of gratuitous transportation by au air carrier, the. provisions of Chal ter I of this Title shall apply. Article 130. In transportation made by private persons on a basis of friendship or courtesy, the liability shall be. limited to damages arising from acts or omissions of the carrier or his employees with intention to cause the damage, or with recklessness and knowledge that they probably would cause damage. TITLE IX. Cor~LrSroxs AND AVERAGES CHAPTER I. MIDAIR COLLISIONS Jificle 131. 1) By collision shall be nnderstoc~d a collision between two or more aircraft in motion. Collision shall also be. deemed the causing of damages to aircraft in motion even if there. is not. a true col- lision. An aircraft. shall be deemed in motion when it. lifts from the land surface by its own power or when it. is in flight.. An aircraft shall be in flight, from the moment it applies power to rise until it. com- pletes its landing run. 2) The damages which give an operator a right, to reparation in accordance with this Chapter, shall include. compeilsatioli paid on a compulsory basis by such operator as a direct consequence of the collision. 3) Wnit.h the. exception of cases of recovery ac~ ions between the operator of the aircraft. or his employees, and the operator of another PAGENO="0630" 2032 AIR lAWS AND TREATIES OF THE WORLD aircraft, or his employees, the provisions of this Chapter shall not apply to the liability of an operator or his employees with respect to the persons or l)Ioperty aboard his aircraft. or to persons or property on the ground. A it~/ 1.3?. The duty to pay damages as provided in the preceding article shall be imposed on the operator of the aircraft which caused them subject to the following provisions. Aitkle 133. The operator shall be liable only when it is proved that the damage was CfIUSe(l through his negligence or that of his employees in the performance of their duties, whether or not they acted within the scope of their assignments. A ~t;~7~ 134. 1) When the damages are caused by negligence of the operators of two or more aircraft, each of them shall be liable, to the others for damages caused to them, proportionate to the degree of their negligence causing the damages. This liability shall be subject to the limitations mentioned in Article 135. without taking into considera- I ion aiiv amount which the defendant~ operator has a right to claim from the other operators. If the respective degree.s of negligence can- not be determined, each person liable shall pay his own damages. For I he purposes of the preselit paragraph, the negligence of an employee. for whom the operator is liable according to Article 133, shall be con- Si dered negligence of the operator. 2) ~\ot withstanding the provisions of Article 133, if the collision occurs without ne ligence of the operators or their ernplcyees, the opemil or who has been compelled to satisfy the compensation for dam- ages on the ground may recoup from the operators of the other air- raft it l)10P~lt1o1iite pait of the amount paid corresponding to the \vei~rhit of their respective aircraft, but. not exceeding the amounts which the lersoll suffering the damages could have claimed from such other operators. 3) "W~eight" shall mean the maximum weight, of an aircraft as authorized by tile airworthiness certificate. J,'tc7e 1..~. 1 Without prejudice to the provisions of Article 136, the amount ni compensation for damages payable by any person held liable in accordaute with the hlieselit Chapter, shall not exceed, per aircraft and per acident, the limitations provided in Article 124 of this (Aide. 2) When two or more persons are liable for damages, the injured peiso1~ shuill not Live a right to compensation greater than the maxi- iuuuni which, according to Article 124. may be charged against any one of the pelsons liable. A it3?c 17/P liii' above limitations in the preceding article shall not apply ii) When there is proof that the damage is the consequences of au act or omission of the operator or of his employees, with in- tention to cause the damage, or with recklessness and knowledge that it probably would cause damage, on condition that, in the ase of at 1)1' omis~ion of the employees, it is also proved that they \ele Ceti n ~ ill the erfcrlminee of' their duties. h ) If the pev~on 1 iaile his iv b'wfullv taken possession of the iii rcraf~ and uses it without thte consent of the person who has the riR'llt to authorize its use. PAGENO="0631" AlE LAWS AND TREATiES OF THE WORLD 2033 Artic7e 137. 1) If the amount of compensation fixed exceed the lim- its of liability, t lie following rules shall govern, subject. to the provi- sions of paragraph 2 of Article 121: a) W~he.n the compensatioii relates solely to cases of death or bodily injury, or solely to damage to p1o~)erty, it shall be reduced ni proportion to the respective amounts: b) ~\VIien the compensation relates to death or injury as well as to damage to property, one half the amount to be distributed shall be destined to cover compensation for (leath an(l injury, and if this amount. is inadequate, it shall be distributed proportion- ately among the several creditors. The remainder of the tota.l amount to be distributed shall be prorated between the compen- sation due for damages to P1~oI)e1'ty and the unpail parts of the other compensations. 2) For the, purposes of this Chapter, the compensation referred to in Article 131, paragraph 2, shall be. conSi(lere(l damage to propeit.y. CHAPTER II. AVERAGES ;irt~'1e 18. 1) General average, in commercial air navigation, shall 1)0 governed by the principles of maritime coniinereial law and the provisions of commercial laws referring to this institution, and an aircraft, in this case shall be considered time same as a. vessel. 2) General or special average shall be governed by the provisions of the common law. TImE X. AIR INSURANCE ~4'rt/cie 139. Any interest in an aircraft. may be insured up to hs total value against all risks of air navigation, with the exception of those arising from the intentional acts of the. insured. ~4vticle 140. An aircraft. operator shall have the duty to insure against all acei(lents which may occur in the pemfomi~iaimce of service by their regular personnel or by occasional persommel not. covered ill the, respective provisions. Insurance on the crew shall be in propor- tion to their respective salaries or wages. Ai'tic7e 141. 1) An aircraft operator shall have the. dut to insure against damages up to the limitations specified in Title. Viii. 2) Cash deposits or bank bonds may be substituted for time in~ur- anc.e.. 3) Accident insurance for persons domiciled in the national tern- tory. or covering cliuna.ge.s caused by air navi ation. whether to pa~- sengers and property, or to third persons and their pt pert.y on Pant- gua.yan t.e.rrit.or, must be contracted ~v ith i nsmirers Who Lii dii time requirements of the. respective. Law. Nevertheless, in the ease. of mom a~r carrier (lomicile(l in another state. iimsurance univ ho (omltrn.(.t.ed with insurers legally authorized for this purpose in time Stat.e of reg- istration of the aircraft or in which the. insurer has Ins domicile or pri~wipal business office. Ai'tic7e 142. 1) In the case. of an operator of a single aircraft., it shall suffice that he post bond in time mauuier provided in para~rvnph 2 of Article 141, provided t.i10 aniouuit is equnl to lie mul)piirai ~!e flmits set 1 v the provisions of this (`ode. PAGENO="0632" 2034 AIR LAWS AND TREATIES OF THE WORLD ~) In the case of an operator of several aircraft the amount of bond must be at least equal to the. total of the applicable limits on two air- craft suhiect to the highest of these limitations. Art ~cle 143. 1) Within the period of fifteen days computed from the lapse of the policy there mu~t be recorded ~n tile National Aircraft RegIster a statement concerning the. existence. of a ne.w POilcy. ?`) Failure to observe this provision shall cause immediate cancella- tion of the certificate of airworthiness. Jrfic7e 144. The amounts owed the insured by the. insurer shall be exempt from attachment and lev~ by other creditors of the operator until the claims of injured persons with a. right to compensation ac- cording to this Code have been satisfied. Arffcle 145. Air insurance shall be governed by the general insur- ance provisions cont.aine.d in the Code of Commerce., insofar as they are. not. incompatible with air navigation and do not conflict the pres- ~nt Code. TITLE XI. SEARCH. ASSISTANCE AND SALVAGE CHAPTER I. DUTY A if ii]e 143. Every aircraft. owner shall have a. duty, insofar as 1)os- sibie, to render assistance in the search for aircraft at the request of competent authorities. ~-l iticl.e 147. The commanders of aircraft. in flight shall render assistance to aircraft in sight which have suffered accidents endanger- ing the lives of liersolis on board. A itIcle 113. In addition to the provisions in the preceding article, he duty to render assistance shall always exist when signals for help ~re received, except. when the place of the accident is so distant as t.o make it impossible to answer the call. ~ 149. There shall be no duty to render assistance: a) When to render it entails serious risks for persons on board ~be aircraft which ~s under duty to render it; b) When the aid is being rendered by another craft. in the same n' a. bettor condition to ilo so, which has a.lso received the call or nm seen the damaged aircraft: When there is no possil)Ihitv of rendering any useful assist- an cc. ~IiI;c7e 1:2). Owners, carriers or operators of aircraft shall not. be tible ~f rho onlmanler fails to fulfill his duty in rendering assistance, in those cases where they have given orders not to render it.. chAPTER II. REMvXERATI0Y AND COMPENSATION - .r,,~/c 71. \ 11 assistance shall ~ve rise to a right, to proportionate rein I! ICI:l t I fl f )1 tIe wink ierforniecl and the effectiveness of the searib. aid or ~iivage. and to a compensation for damages suffered durin~ the operation. In the absence of a prior agreement, the esti- mate f reiv linerat on shall he marie l)y any of the methods used in the I it IV. ~) `iaiiii iiiav he hIed when tile aid has expressly been refused, and the refusal was justified oii the ground that no risk existed to the lives of the persons on board the damaged aircraft. PAGENO="0633" AIR LAWS AND TREATIES OF THE WORLD 2035 TITLE XII. ACTIONS ~1) Luiii'xrioxs ox Aci~ioxs Article 152. A six months' limitation of actions shall exist: a) For actions to claim preference in accordance with Article 32. The period shall run from the time when the credit. accrues: b) For actions of recovery between the operators for slims paid for damages arising froni collisions. The period shall run from the date of the payment. Artie7e 153. A limitation of two yea.rs shall exist: a) For act.ions of compensation for damages caused to passen- gers, baggage or cargo transported by aircraft. The pe.riod shall he computed from the arrival at. the point of destination, or from the day on which the aircraft. should have arrived, or from the interruption of the transportation, or from the time whe.n t.he person has been declared lost, and presumed dead; b) For actions of reparation of damages caused t.o third persons on the ground. The period shall run from the day of the act. When there is no record that the injured person has knowledge~ of the damage or of the identity of the person liable, the prescrip- tive period shall commence to run from the. day on which he could have had knowledge. In such cases, the right of action shall be limited to three years from the day on which the damage was caused; c) For actions for reparation of damages in cases of collision. The period shall be computed from the da of the act ci) For actions of compensation and remuneration in cases of search, assistance and salvage.. The period shall c.oiiiineiice tO run from the day oii which the operations were completed. TITLE XIII. JumsmcTIoN AND COMPETENCY Article 154. Administrative application of the Air Code. and pun- ishment for violations of its provisions shall be the jurisdiction of the Ministry of National Defense by means of the Board of Civil Aeronau- tics. Article 155. The courts and judges of the Republic shall take cog- nizance of, and decide cases related to air navigation or air commerce in general, and crimes cormected therewith. Article 156. 1) Acts performed and events occurring on board air- craft in flight or standing on Paragua.yan territory, or by ally action of such aircraft affecting persons or property outside the. craft on national territory, shall be governed by the laws of the Pa.ra.guayan State and judged by its court.s. 2) If the acts are performed or the events occurred on a foreign aircraft in flight over Para.gua.van territory, the Paraguayan courts shall have jurisdic.tion, and its laws shall apply only in cases of viola- tion of the laws or regulations concerning public safety, or military. fiscal or of air traffic or when they endanger public safety or order, or affect the interest of the State or of individuals, or when the first. land- ing following the event takes place on national territory. Article 157. 1) Act.s performed and events occurring on boa.rd Para- gua.yan aircraft. over the high seas or over territory not. subject to the sovereignty of another State., or when it has not been possible to de- PAGENO="0634" 2036 AIR LAWS AND TREATIES OF THE WORLD terniine over what territory the aircraft was flying at the time the act was perfoi'mecl or the. event occurred, shall also be governed by the laws of the Paraguavan State and be adjudged by its courts. 2) If the acts were performed or the events occurred on board a Paraguayan aircraft in flight over foreign territory, the Paraguayan courts shall have jurisdiction and its laws shall apply unless a legiti- tiiate interest of the State over which the flight took place or of the persons domiciled therein has been violated. TITLE XIV. PENAL PRovIsIoNs OHAPTER I. VIOLATIONS Jit~cle 1.58. Violations of the provisions of the present Code, or of rue provisions enacted for its implementation by the competent au- thorities. or of the provisions of agreements or conventions on air navi- gation, especially those relating to air traffic, air police, ground organi- zation, aircraft, air servitucles, transportation or aviation personnel, shall be punlshable by a fine of from 1,000 (one thousand) to 20,000 ~ventv thousand) ç'U.aranies. ~i ~ 159. An administrative decision imposing a fine shall be en- forced by execution. and such dec~sjon shall serve as warrant therefor. CIIAP'fER II. CRIMES ,tc7e l(]~. Imp1is~~11ne1~t of from three months to 12 months and a nile )f from 1.000 one thousaiicl ) to ~O.00~ ) (thirty thousand) qi"i~ii~s shall be imposed: a) On any pei~~n who clandestinely crosses the border at a :)laee. other than those specified by the competent authorities, or who deviates from air routes fixed in advance for entry into and exit from the country; b) On any pet'solI who violates the provisions of Articles ~9 afl(l 40 of this (`ode dealing with traffic and overflight of prohibited areas ci On an person who transports explosives, munitions of war ii' flammable substances on aircraft which carry passengers, and on nersons who authorize or permit such transportation d) On any person who fails to observe the provisions of Articles i4~ or 14S of this Code. Jit;c7e JCJ. Imprisonment of from six months to two years and a f from 2,1 1 t wo thousand) to 50.000 ( fifty thousand) qua run jes. H he ~1il))(~-e(l a ) On any 1)er~on who, in the cases specified in paragraph b) ~f the preceding article. has also violated the I)rovisions of Article ~utrcph 2. oneernin~' the duty to land: 13) Omi any person \VIIo has ol)erate(l or caused to have operated cn air~raft with false or fraudulent markings. or which does not becr the ni~irks prescribed by Article l~ of this Code: I Ci ~mnv person who has operated or caused to operate, out- side of Para~'iiay. an aircraft with Para~uayan mcikin~'s, without the right to do so. PAGENO="0635" AIR LAWS AYD TREATIES OF THE WORLD 2037 Article 16?. 1) Imprisonment of from one to three years and a fine of from 2,000 (two thousand) to ~O.OUI) (fifty thousand) glialallies, shall be imposed a) On any peisoi~ OpeliIti1lL~ an aircraft (lisqualified on the grounds that it. lacks the mimlimum safety requirements b) On any persons piloting an aircraft without the required license and on any official who issues such license without duly proving the qualifications of the pilot, when the. latter actually (Toes not, possess the necessary qualifications for the license he seeks; c) On any person who, as commander or pilot of an aircraft, member of the crew or passenger, violates during a flight the provisiolis of the laws amid regulations on air traffic, and endangers t.he person or the property of third persons on time ground. ~) If, in the cases specified in the preceding paragraph 1, the death of a person results, the person liable therefor shall be punished by im- prisonment of from two to ten years in addition to the. fine. ~IIAPTER III. PROVISIONS COMMON TO ALL VTOLATIONS Ai'ti~7e 1.1. In the case of violations of the provisions of the. pres- ent Code or of the provisions enacted by tlìe competent. authorities for its implementation, or of the provisions of conventions or agreements on air navigation, the Board of Civil Aeronautics may impose, apart from the bringing and the outcome of judicial or administrative pro- ceedin~s: a) Temporary revocation of authorizations, licenses and cer- t ificates; h) Seizure of the aircraft whose further use would endanger public safety or whose abusive use is feared. Article 164. ilepetition of the offense shall be consdt'ied as an ag- gravating circumstance and shall provide grounds for the imposition of a greater penalty than that. imposed in a first case, within the estab- lished limits. Article 16.5. 1) The provisions of this Code shall be applied without thereby affecting any 1)enalties which may l)e imh)OSed by police, health or fiscal laws or regulations. ~2) The Criminal Code shall supplement this Code in all matters not expressly covered. TvrLr XV. Pnocm:l)I~nv~Nu XI'l'EAI.s Article 166. 1) Notice of administrative decisions shall be served to a P persons concerned a ) In personal form during the action b) By service of documents: c) Bvpublication. i~) Notice by writ shall be served at the established legal domicile, and in lieu thereof, wherever a person may ieside or at time I)lace where lie may he found. :fl When tile person to be notified is o1l~sidle time capital city, the service, shall he made by the local judicial or police authorities of the place. or liv those of time nearest place. Tf he is omit of tim .~ country, PAGENO="0636" 2038 AIR LAWS AND TBEAT~ES OF THE WORLD the service shall be made through d~piomatic or consular channels and rogatorv letters. 4) The provisions of the Code of Civil and Commercial Procedure shall be applicable to notice by service of process. Aitic7e 167. 1) When the presence of a person other than the parties is necessary at. a sumniarv proceeding, the instruction judge shall subpoena him, in accordance with the form prescribed for service of process. 2) Witnesses, experts, interpreters arid trustees may also be sum- moned by the police in cases of urgency. J~tieie 168. Persons referred to in the preceding article shall be summoned under warning that the will be brought in by the police if they fail to appear ersonally. and such warning shall be enforced without, further procedure unless there is justifiable excuse. Ai'f;c7c 169. 1) WThen the residence of persons to be notified is un- known, they shall be summoned by publication fifteen times in the newspapers. After this period has elapsed, and the clerk of the instruction court has so certified, the person shall be declared in contempt. and the summary action shall proceed. 2) The published notice shall contain: a) rfhe designation of the instruction judge of the summary action b) The name and surname of the person being summoned: c) The basis for the. summary proceeding; d) The period of time within which the person must appear, and the warning that in case of failure to do so, he will be held in contempt. e) The date and the place where the notice is served; f) The signature of the clerk. 3) A copy of the newspaper in which the first notice by publication is given and a copy of the last one shall be filed with the summary proceedings. Ji~;e'e J~'i~ 1) Decisions which cause a detriment may be appealed within a period of ten days to the Ministry of National Defense, whose decision shaH close all administrative appeal. 2) The appellant shall set forth the detriment in the same docu- ment in whichi he appeals. IITLE X\T. AVIATION ACCIDENTS Art ic7e 171. 1) Whenever an aviation accident occurs, the Director General of the Board of Civil Aeronautics shall conduct. a summary investigation in order to ascertain the cause.s and effects of the act, without thereby affecting any -iudicial procedures which are proper under the law. 2) When the damaged aircraft is not Paragna.yan. notice of the accident shall be given to time State. to which it. belongs, without. thereby preventing the forwarding to the judicial authorities of a document (1111)1 icated for this Pi11P05e. winch authorizes the Director General of Civil Aeronaut i es~ ant) wJ cli am ii contain depositions made b members of the clew ~mI1.l ~nmssengeI~. and time causes and effects of the accident. PAGENO="0637" AIR LAWS AND TREATIES OF THE WORLD 2039 ~) In case of an accident abroad, the Paraguayan consular authori- ties shall report to the Minister of National Defense through the ~linistry of Foreign Relations, in addition to collecting information on the case from the local authorities. Jvtcle 172. 1) In case of accident. or forced landing of an aircraft, the owner of the place [where it huided] may not obstruct the access of officials to his land, the transportation of necessary lI1aterials to put the aircraft into eonclitioii for moving, or for bringing assistance to injured persons. 2) Any person who learns of the existence of remains or wrecks of aircraft involved in accidents shah communicate with the nearest au- thorities as soon as possible. TITLE XVII. INTERNATIONAL Ci~m AVIATION ORGANIZATION Article 173. 1) The International Civil Aviation Organization or any agency of said organization located on the territory of Paraguay shall have the necessary authority and all privileges and immunities required for the free exercise of their functions on iParaguayan territory. 2) In addition to the provisions of the preceding paragraph, the International Civil Aviation Organization, or any agency of same situated on Paraguayan territory shall have legal personality and capacity to enter contracts, to acquire all kinds of property, to alienate the same, and to sue. ~) The archives of the International Civil Aviation Organization, or of any agency of said Organization situated on Paraguayan terri- tory, as well as any documents pertaining to the same, shall be immune. 4) The representatives of the members of the Organization and the officials of the same, shall have all privileges and immunities necessary to carry out their functions freely. TrrLE XVIII. FINAL PROVISIONS A~'ticie 174. 11) When the public interest so requires, the Executive shall seize national civilian aircraft, and shall guarantee a fair com- pensation to the owners thereof. 2) The judgment as to public interest shall rest within the discre- tionary power of the Executive. Article 17~5. The amounts collected in fines levied under this Code shall be paid into the fund established for the development of civil aeronautics. Article 176. The present Code shall become effective three months from its promulgation, and all provisions to the contrary are hereby repealed. Article 177. This will be communicated to the Executive. PAGENO="0638" PAGENO="0639" PERU REGULATION ON CIVIL AERONAUTICS Decree No. 22, February 17. 1964 1 Trn~ I CHAPTER I Article 1. For the purposes of this Regulation, Civil Aviation shall be deemed to be all t.he activities directly or indirectly related to trans- portation and use of civil aircraft. Article ~. Civil Aviation in the Republic of Peru shall be governed by national laws, international treaties or conventions, and by the provisions of this Regulation. Article 3. The Republic of Peru exercises complete and exclusive sovereignty over the airspace over its territory and territorial waters. Article 4. Pursuant to Peruvian law, the following acts shall be ad- judged within the country: a) Acts which have occurred, or have been performed, and crimes which have been committed on board Peruvian civil air- craft flying over the high seas or in airspace not subject to the sovereignty of any State. b) Acts which have occurred, have been performed, and crimes which have been committed on board Peruvian civil aircraft dur- ing a flight over foreign territory, unless in such cases the safety or public order of the subjacent State is violated, or damage is caused to persons or property on the ground in such State. Article 5. Acts which have occurred, have, been performed, and crimes which have been committed on board foreign civil aircraft over- flying Peruvian territory shall be governed by the laws of the State of registration of the aircraft., except in the following cases, in which Peruvian law shall he applied: a) `When such acts violate the safety or public order of Peru. b) When, as a consequence of such acts or events, damage. is caused to the person or property of third persons on Peruvian territory. c) `When a crime is involved and the first landing after its com- mission is in the Republic. unless extradition is demanded. CHAPTER II. AIR TRAFFIC Article 6. The flight of civil aircraft shall be free in Peruvian ter- ritory, provided it is not restricted by national law, international trea- ties, or conve.ntions, or by the. provisions of this Regulation. `Published in Ei Peruano, Feb. 17-20, 1964. 2041 PAGENO="0640" 2042 AIR LAWS AND TREATIES OF THE WORLD Article 7. In order for civil aircraft of foreign registry lacking an operating license from the government of Peru to fly over Peruvian territory, a flight permit must be applied for at least 24 hours m ad- vance of entry, and through the most speedy channels, from the Civil Aeronautics Board [Direccion General de Aeronautica Civil], giving the following information: a) Name of applicant; b) Type of aircraft, nationality, and registration; c) Names and nationality of crew; d) Number of passengers being transported; e Points of origin and destination of flight; f) Technical stops on Peruvian territory; g) Purpose of the flight; ii) Approximate date of entry and departure from Peruvian terr~ ~orv. The Civil Aeronautics Board shall grant a "Flight Permit" (Form D~XC. OP-OlO'). addressing itto the interested party. Jrtic7e 8. After justification by the interested persons, the Civil Aeronaut.ics Board may grant foreign aircraft of tourist registration, ar privately owned craft in transit over Peruvian territory, an author- ization to remain temporarily in the country arid to make flights over the T:errtory of the Repubi~c. for tourist purposes, or for financial or commercial study of the regions visited. For this purpose, the proper au.)licatlon shall be presented, giving the following information: a) The applicants' names, nationalities, and temporary resi- lence in the country; h) owner, operator, and pilot of the aircraft; c) duration of stay in the country; ci) telecommunications equipment, photographic cameras, and their descriptions, if the aircraft is so equipped; e) purpose of the flight.. The Civil Aeronautics Board shall grant a "Flight Permit" (Form DGAC. OP-OlO) to the interested person, which may be revoked at any time, and such revocation shall not give cause for a claim. Article 9. No person may preveirt the overflight of an aircraft on the basis of a. property right. If an aircraft in flight causes damage to the person or property of third persons on the ground, such persons shall have a right to repara- tion in accordance with the provisions of Peruvian law. Jrti~c7e 10. The limitations or prohibitions on air traffic over Peru- vian territory will be imposed in case of war or internal disturbance, or when public safety is deemed to be involved. Article 11. Gompetent authorities may examine persons, aircraft, crew, and property transported, before departure, during flight, upon landing, and while parking. for purposes of inspection, supervision, and control of air traffic. Article 12. Any aircraft in flight enterin,g or departing from Peru- vian territory must. follow the "entry and departure air corridors," ~ross the frontier at the "frontier crossing point.s," and land at the ntrol airports," as follows: a) Enf~w and departure corridors: Northern Frontier: Course toward Puerto Pizarro (3°31' S-80°33' W) Talara (4°34' S-Sl°15' WT), and Course toward Anchala.y (4°30' S-79°49' W) Chiclayo (06°47' S-79°50' W). PAGENO="0641" AIR LAWS AND TREATIES OF THE WORLD 2043 Northeastern Frontier: Course toward Pantoja Cape (000 58' S-7~°11' W) Punto Caucaya (0°12' S-74°47' W). Southern Frontier: Course toward Punto (18°21' 5-70°23' W) Tacna (18°02'S-70°12'W). Eastern Frontier: Course toward Caballo Cocha (03°53' S-70°27' IV) R.amón Castilla (04°14' S-69°56' W). Southeastern Front ier: Course toward Zepita (16°35' 5- 69°06' W) Arequipa (16°21' S-71°34' WT). Southwestern Frontier: Course toward San Juan (15°24' S-75°08'IV) Pisco (13°45' S-T6°14'W). b) Frontier crossing points: Northern Frontier: Puerto Pizarro (3°31' S-80°33' W) and Anchalay (4°30' S-79°49' W). Northeasterii Frontier: Punto Caucava (0°12' S-74° 47' W). Southern Frontier: 18°21' S-T0°23' W. Eastern Frontier: Ramón Castilla (4°14' 5-69°56' W). Southeastern Frontier: Zepita (16°35' S-69°06' W). Southwestern Frontier: San Juan (15°2-t' S-75°08' W). Control airports: Northern Frontier: rfalarl Southern Frontier: Tacna Eastern and Northeastern Frontiers: Iquitos Southeastern F rout i er: Arequ i pa Article 13. All procedures of inspection on behalf of the State shall be observed at the control airports by the immigration, health, cus- toms, police, and other authorities. Article 14. Aircraft coming from abroad may land directly at the Interantional Lima-Callao Airport, or start flights from there directly for abroad without stopping at the control airports listed in Article 12, only with advance authiorizat~in t~om the Civil Aeronautics Board. Authorized aircraft shall follow the an corridors for entry and cle- parture, and use the frontier crossing points indicated in Article 12. Article 15. In order to cross Peruvian teilitoly, civil aircraft must be in possession of certificates of registration ~ind competency for crew members, and the other documents required by the Civil Aeronautics Board. Article 1(1. Aircraft may not fly at any altitude over areas which have been prohibited. Article 17. "Prohibited Areas" for the flight of aircraft nra the fol- lowing: a) Over the Pampas dc 1-luarangal, in the. I)istrict of Lurin, embraced between the following cOOr(linateS: 12°15'13" S 76°51'54" WT 12°15'SO" S 76°52'27" IV 12°15'56" S 76°51'OS" IV 12°16'32" S 76°51'37" W b) Over the Peruviaii coastal line between the coordinates listed in the following zones: Zorritos-Villar (Tumbes) 3o35P SySO°55'W 3°35' S y 80°33' IV 3°41' S v 80°33' IV 3°50' S ~ S0°40' IV 3°50'SySO°SS'W 39-737-6~---Vo1. 1I--41 PAGENO="0642" Talara: 4°15' S v 81°25' `\V 4°15' S y 81°14' W 4°30' Sy81°25'W 4C30/ S y 81°14' W'~ Callao: 110 57/ 11°57' 1:~°10' 1~°1O, Pisco: S v 760 30' W S v 76°00' WT S y i6°00' ~\\~ Sy 7603O'W~ 1~°5S' 13° 58' 14°~5' 14°~5' Matarani: 16°45' ~ ~ 7)0~)()/ \V 16°45' S v 7~°0.V `\V 17°05' S v 72°05' \V 17°05' Sy7~°~0'W c) Over air ran~e~ fortifications: Chiclayo: Coordinates: 06° 54' S y 79°49' W Coordinates: 06°53' S y 79°42' W Piura : Coordinates: 05° 11' S y 80043/ W Talaia : Coordinates: 04°33' S v 81~10' W Ai~t1'7 18. "Restricted Zones" for fli~ht of aircraft are those which are continguous to the (~uano Islands off the national coastline, over which flights may not be made at~ altitudes less than 500 meters and within a radius of 1.000 meters. The Islands included in this article are the following: Latitude Longitude Isla Foca 5°13'30" S 81~1O'1O" W Isla Lobos de Tierra (~°26'4O" S 8O°~O'OO" W Grupo Lobos (le Afuera 6°57'OIY' S 80041P10PP W Punta Rinconazo (Eten) Grupo Macabi G°9O'3~" S 7°49'OO" S 79°51'30"W 79°28'lO" W Punto Malabrigo Punta Cerro Negro Grupo Guanape Grupo Chao 7°43'OO" S 8°27'25" S 8°33'OO" S 8O46?OOP~ S 79°26'30" W 78°43'45" W 78°56'lO" W 78°4~'3O" W Isla Corcovado 8°56'40" S 78°41'OQ" W Isla Santa 90Ø9P3ØPP S 78°39'40" W Isla Blanca 9~O7'OO" S 78°36'OO" W Grupo Ferrol 9°O9'~O" 5 78°3G'OO" W I~ias Tortugas Punta La Grama 9°21'20" S 9°42'OO" S 78°27'20" W 78°19'OO" W Punta Culebras 9°57'20" S 78°13'OO" W Punta Colorado 1O03O~3O?P S 77°57'OO" W Punta Litera 10033P00PF S 77°53'OO" W Isla I)oii Martin 11~O2'OO" S 77°40'OO" W Grupo Huarura 11°23'30" S 77°43'40" W Iwita Salin 11~18'2O" S 77°39'OO" W Punta Chancay Grupo Pescadcres 11°35'30" S 11°47'OO" S 77~18'3O" W 77°16'25" W Isla Isleta 11~47'OO" S ~7O1G?25F? W Isla San Lorenzo 12°06'30" S 77°12'30" W Grupo Cavinzas 12~O6'3O" S 77°13'30" W Grupo Palominos 12°06'50" S 77~14'OO" W Name of Island. group of islands or joints of land 2044 AIR LAWS AND TREATIES OF THE WORLD S y 77°3ft' W SyTT°17'W S y 77°~0' W Sy 77°06'~\V PAGENO="0643" AIR LAWS AND TREATIES OF THE WORLD 2045 Grupo Pachacamac 12°19'OO" S 76°55'15" W Grupo Asia 12°4S'OO" S 76°38'40" W Grupo Chincha 13°39'30" S 76°24'30" W Grupo Ballestas 13°44'20" S 76°24'30" W Isla Vieja 14°15'30" S 76~12'3Q" W Grupo Santa Rosa 14°lS'OO" S 76~1O'00" W Punta Lomitas 14°45'OO" S 75°46'OO" W Punta San Juan 15~21'3O" S 75°11'40" W Punta tres Hermanas 15°24'OO" S 75°OS'20" W Pi~mta Lomas 15°33'OO" S 74°~1'30" W Punta Pampa Redonda 1G~10'40" S 73~45'30" W Punta Atico 16°14'OO" S 73°42'50" W Punta La Chira 1G°32'30" S 72°50'45" W Isla Hornillos 16~.52'20" 5 72~1S'O0" W Grupo Islay 1T'lO'OO" S 72~07'00" W Punta e Islotes Jesiis y C 17~15'3O" S 71~35'00" W Punta COles 17°41'50" S 71~23'OO" W Morro Sama 17°58'25" S 7O~55'OO" W Article 19. The Civil Aeronautics Board shall indicate on all its aviation and navigation charts the boundaries of the prohibited and restricted areas for aircraft flights. Article 20. Every pilot in command of an aircraft flying over Peruvian territory must have knowledge of the laws and regulations governing air traffic in Peru. Article 21. Aircraft traffic in the airways and controlled areas on Peruvia.n territory shall conform with the rules provided in the Air Regulation included as Annex A to this law. Article .~2. The pilot in command of an aircraft overlying Peruvian territory has a duty to land thereon, when so ordered by the competent authorities. Article 23. Objects which may cause damage to persons or property on the ground may not be thrown from any aircraft, except in case of grave and imminent danger. Article 24. The crew and passengers of an aircraft which enters, departs, or overflies national territory a.re prohibited from using photographic cameras to take pictures of areas which have been de- creed as prohibited, or of military installations, whether this be during the flight over such places, or while stationed on the ground. The person or enterprise operating the aircraft shall be responsible for observance of t.his prohibition. TImE II CHAPTER I. AIRCRAFT Article 25. An aircraft. shall be any vehicle or apparatus capable of displacing airspace, and suitable for the transportation of persons, animals, or goods. Article 26. For the purposes of registration, aircraft shall preserve their identity as to original type, model and characteristics, even when the materials of which they are constructed are successively changed. Substantial modification which alters the original type, model, or characteristics of the aircraft, shall be a basis for considering it a different aircra ft. PAGENO="0644" 2046 AIR LAWS AYD TREATIES OF THE WORLD CHAFfER II. CLASSIFICATION Article 27. State aircraft shall be classified as: a) Military aircra.ft; b) Customs aircraft; c) Police aircraft. Article 28. Civil aircraft shall be classified as: a) Transport aircraft, which include the following categories: 1. Scheduled transport aircraft; 2. Non-scheduled transport aircraft; these are subdivided into : air taxis: and charter b) Special services aircraft, which include the following categories: 1. Aircraft for commercial services; which are subdivided into: a) Aircraft for aerophotographic services; h) Aircraft for aerial advertising; c) Aircraft for agricultural services; d) Aircraft for fishing services; e) Exploration service aircraft. 2. aircraft for private service; 3. training aircraft; 4. tourist aircraft; and 5. sport aircraft. Article 29. Every aircraft travelling in Peruvian airspace must display marks of nationality and registry. CHAPTER III. IDENTIFICATION Article 3(1. Every civil aircraft which obtains Peruvian registration shaH be identified by Peruvian n~ark.s of nationality and registration. Ai't;ele 31. Peruvian nationality of aircraft shall he indicated by the letters ~`OB~ on all ai i' raft registered in Peru, whatever the category of such civil aircraft. A iticle 32. The registration mark shall consist of a letter followed by a number issued to each aircraft according to the pu~pose it is iii tended to serve. Article 33. No aircraft may have the same registration marks as those as signed ta an3ther aircraft, but a registration may be changed after cancelling the I)1~ev1ous one. Arti~c7e 34. Accordirig to the category of aircraft, the following registration marks may be issued to identify Peruvian aircraft.: a) "R" for scheduled transport aircraft. h) "T" for non -sheduled transport aircraft. e) "F" for aerial photographic craft. d) "X" for aerial advertising craft. e) "A" for a~ricit1tural service craft. f) "P" for fishing service craft. g) "E" for exploration craft. Ii) "M" for private aircraft. i ~ "I" for training or instruction craft.. j) "V" for tourist aircraft.. k) "D" for sports aircraft. PAGENO="0645" AIR LAWS AXD TREATIES OF THE WORLD 2047 Ai'tic'ie 35. Following the registration mark on each aircraft, an indicator number shall be assigned, which shall agree with the regis- tration in the Public Aircraft Register. Article 36. Civil aircraft snaIl be deemed lawfully registered in the Public Aircraft Register when there has been recorded therein, the number and date of the Administrative Resolution showing permanent Peruvian registration issued to said aircraft by the Civil Aeronautics Board. ChAPTER IV. ACQ~TIS1TION OF I'ERlLVIAN REGIST1~ATION Art ide 37. Permanent Peruvian registration shall be granted to air- craft coming from foreign countries and to national aircraft following cancellation of a previous registration. Art;cle 38. When an aircraft for which permanent registration has been requested in Peru. is based in a foreign coimtrv, the Civil Aero- na.utics Board, upon application of the owner of the aircraft, may issue temporary marks of Peruvian nationality and registration, in order that the a.i rcraft. may fly from the. foreign commtrv using these markings. These temporary marks shall he automatically cancelled when the aircraft lands at. an airport. which is its final destination within this country of the transfer flight. Art;cle ~9. To issue a permanent Peruvian registration to an air- craft based on Peruvian territory, the applicant niust. pre.seiht. the fol- lowing documents, together with his application a.) Notarized document [public instrument] accrediting his ownership of the airc.i'aft: b) Certification as to any liens thereon c) Export license for the. aircraft, if it comes from abroad: d) Receipt showimr payment of fees for registration and air- worthiness, issued by tIme Treasurer of the Civil Aeronautics Board: e.) Information colltaine(.l in the "Form for Leiristrat ion of Aircraft." (DGAC Reg. 007) in the appendix to this law. Article 40. If drawn up in foreign languages. the documents re- ferred to in sections a), b). and c) of the preceding article, must be translat&I and certified at the Ministry of Foreign Relations. Article 41. After the application for registration. t(.)aether with the documents ~ndicated above have been pie~i0 ed, the Civil Aeronautics Board shall proceed as follows: a ) Examine, the legal document s referred to in Article 39 and draw its conclusions: b) Carry out in Peru the teclimi ical insuect ion of flue aircraft on the ground and in flight, in order to verify its condition of air- worthiness. The Inspector of the Civil Aeronautics Board must fill out the "inspection sheet" and the. `~ins1)ection Reports," (Forms DGAC DM-1 and IDGAC I.)M-~). which appear in the appendix to this law, and state his opinion. Article 42. After approval concerning the documents and the in- spection mentioned iii paragraphs a.) and 1)) of i he J) 1c(e ding article, has been expressed in opinions of the Leal and r1(~~1I ic:il Inspection Departments, the Civil Aeronautics Board shui~1 ;ssue an adnministra- tive resolution ordering permanent re~istmation for the aircraft and its recordation in the Public Aircraft. Register. Article 43. In cases where an aircraft registered in this country has changed category, due to its being put to a different use, the regis- PAGENO="0646" 2048 AIR LAWS AXD TREATTES OF THE WORLD tration may be changed upon written request of the owner. For this purPose the applicant must observe the procedures provided above for pei~inei~t. re~istration of aircraft. j,t;r/c 44. After an aircraft has been rec.orded in the Public Air- cratt Retflster. any other registratuon shall be considered cancelled, without thereby affectiu~ leaal obligations of the owner. A ~t;~/~ 4.. For ulrl)oses of verifying the domicile and nationality ot tie ~~er~oi~s nvning Peruvian aircraft, the following documents uiust be 1)l'esent ed to the Civil Aeroiiautics Board. a) When the aircraft belongs to a physical person, a certificate issuied by a notary publ~e. ~)roving the nationality and domicile of the owner in the Republic b) When the aircraft belongs to several co-owners, a certificate issued by a notary 1)ul)lic as evidence of the nationality of the co-owners of the aircraft and the domicile of those living in the 1~e1)ulThc c When the aircraft belongs to a partnership2 a certificate is- sued by the public re~tister as evidence of the domicile of the part- i~ership in the Republic. and a. certificate issued by a notary public which plo the nationality of the partners and the domicile of tlio~e living in the Republic.: d) When the aircraft belongs to a Peruvian corporation, a certiflcate. issued by a notary public as evidence of the nationality of the. directors of the corporation, and a certificate from the Public Register which proves that the domicile of the corporation is in Peru e) When an aircraft belongs to a foreign corporation, a certifi- cob issued b~ tile Public Register to the effect that the corpora- non is registered in Peru. A ~ 4G. For temporary or permanent transfer al)road of a Peru- vian civil aircraft not used in international services, an application for a flight permit must be requested from the Civil Aeronautics Board, attachni~ to the application a copy of the administrative reso- I ut ion of the Minis~ rv of Treasury and Commerce which authorized the temporary or permanent. exportation of the aircraft. The Civil Xeio:uiiit ics Board shall issue the flight. l)eumit only in those cases in whurth the aircraft is not mortgaged. or subject. to judicial measures, or in (1 i) to ( OLP \~( oi to the (i~il Aeronautics Board foi ser~ ice or operatilui fees for the aircraft. l,L;(7r 47. Every aircraft registered in Peru must carry an identifi- catlofl l)lOte on which shah l)e inscribed the nationality and registra- ion marks of the aircraft. This plate must be of fireproof metal and affixed on the aircraft. in a visible place near the principal entrance. Jit~7e 48. The type of identification plate, the location of the na- tionality and registration marks on the aircraft, the dimensions of the marks, and the type of letters used must be in conformity with those indicated in the Annex to this law. Arti~c7e 49. The cancellation of Peruvian registration of an aircraft shall l)e made by administrative resolution of the Civil Aeronautics Board. It shall be iSSUe(l in the following cases: a) Fpon written request. of an aircraft owner, for which pur- pose. the application cannot be accompanied by the following documents 1) Resolution of the Ministry of the Treasury authorizing the transfer of ownership or departure of the aircraft abroad. PAGENO="0647" AIR LA\VS A~D TREATIES OF THE WORLD 2049 o O~iciall~ certified document or notarial instrument the ~~tt1ement of mortgages or ju(hcial liens affecting pro ~te aircraft. ~ ~ ~)rOviflg that nothing is owed to CORPAC or teasirv of the Civil Aeronautics Board for service or to .~ion fEes for the aircraft. its iwn initiative, the Civil Aeronautics Board shall b) ancellafior in the following cases: isSue~) WThn the aircraft has been dismantled, damaged, or Aestroved in such a manner that it is totally inoperative; 2) \Vhen Ill aircraft has 1)een declared lost by the Civil Aeronautics Board; ~) When an aircraft has previously been declared aLan- (lolied Lv tie Civil Aeronautics Board 4) Wliei it is impossible to make the aircraft airworthy again: 5) In tie cases licted above in paragraphs 1), 2). ~). and 4), when ~he Administrative Resolution cancelling the regis- tration h~s been issue in conform i tv with the conclusions and staterients of the Civil Aeronautics Board, the date and numl)er d the resolution of cancellation must be recorded in the PubIL Aircraft Register. e) In case a court order. CIIAPTE1I V. AI1nVORTFTINESS Article 50. E~erv aircraft overfivin~ Peruvian territory must. be in possession of a valid certificate of airworthiness. Article 51. In accordance with the provisions of this law, it shall be exclusively the function of the Civil Aeronautics Board to issue, revali- date, suspend, or cancel certificates of airworthiness of civil aircraft. Article 52. The Civil Aeronautics Board shall determine the mini- mum standards of airworthiness for aircraft according to their cate- gory and type, with (Tue regard to the standards and methods recoin- mended by the International Civil Aviation Organization (ICAO). The rules on airworthiness issued in tiie Civil Aeronautics Board shall be published in the Bulletin of the Civil Aeronautics Board and shall be forwarded to ICAO. Article 53. The Civil Aeronautics Board shall issue or validate the airworthinecs certificate of an aircraft following inspection on the ground and in flight, and when the aircraft fulfills the minimum safety measures stipulated by the Civil Aeronautics Board. Article 54. The form for au airworthiness cert.ificate,-its form and contents, must comply with the form which appears in the Annex to this law. Article 55. In order to prove the condition of airworthiness of an aircraft, the technical inspection perfoimeci b the Civil Aeronautics Board must include the following: a) Inspection of the documents concerning the plane and tile aircraft engine; b) Technical inspection on the ground and ill flight, filling out the Inspection Sheet aiid the 1nspection Reports (Forms DGAC DM-l and DGAC DX[-2) which appear in the Annex to this law. PAGENO="0648" 2050 ~~IR LAWS AND TREATIES OF THE WORLD Article 56. The Civil Aeronautics Board shill periodi ~ civil aircraft. located on national territory to v~rifv whee ~ iflspect craft fulfills the requirements of airworthiness sf pulafed th cute of airworthiness. certifi_. Article 57. The Civil Aeronautics Board ma~ slislend certificate of airworthiness which has been issued to aI.ajror cancel a it fails to comply with minimum safety requireilents ~. C~a.it when may renew said certificate when the aircraft. a~air. fUTfiE~late~ It. tions of airworthiness. uiie coiicb_ Artie7e ~8. The certificates of airworthine~ issued in country may be accepted or validated in Peru in ~ treaties. and in the absence thereof, in conformit.~ with the. prc~ ~ith of this law. S1O~~ Ai'tiele 59. The Civil Aeronautics Board shall rot validate a. ce1~ cute of airworthiness issued in a foreign country if it. does not conf~; to the minimum standards of airworthiness fixed b~ Peruvian law. Avt;ele GO. The certificates of airworthiness issu~ to aircraft by t.he Civil Aeronautics Board shall be valid to the last. ay of the calendar year and must be renewed in order for the aircri~t to continue in operation. Art;cle 61. Aircraft must operate within the limitations established in the certificate of airworthiness. CHAPTER VI. EMBARGO Ai't;cle 62. Civil aircraft. are subject to attachmenh which must be recorded in the Public Aircraft. Register. Article 63. Registration of the attachment of an aircraft in the Public Aircraft Register shall confer on the holder the right of prior- itv accorded to him by law. Art~c7e 64. The attachment of aircraft must be in theform of a levy~ subject to the appropriate legal provisions. `lITLE III CHAFTER I. AVIATION PERSONNEL I 1/~(71~ 6.;. For tile purposes of this law, aviation personnel is de- finet as technical or specialized iieisonnel attached to the operation and service of a civil aircraft as licensed by the Civil Aeronautics Lo~ird, Ui conformity with the respective regulation. A ,/~r7c 6G. Any company operating aircraft of Peruvian registry iiuisi employ only aviation l)e1'som1m1~1 of Peiiiviaii nationality. Ji't;~7~ 67. In order to perform his profession or office, a member of the. aviation personnel must oi~tam a license or certificate. which will permit him to perform his functions. A It?(/c G~. The Civil Aeronautics hoard shall issue, validate, and iCIIC\V tile licenses and certificates for t lie different categories of flight. clew amid ~rround crew menibeis, according to the "General Regulation for Issua~ice of Licenses to Personnel" hi Annex G of this law. J,~t,c7 GD. When there is a proven lack of Peruvian pilots, the Civil Aeronautics Board may authorize eml)lovrnent of foreign pilot.s for aircraft of Peruvian registry, for a maximum term of on.~ year~ PAGENO="0649" Alit LAWS AND TREATIES OF THE WORLD 2051 Before contracting for foreign personnel, the. corporations reqnestrng it must. observe the following requirements: a) Present a request on )ellaIf of the iii il ne which will use. the foreign l)ersom~ei, addressed to the Civil Aeronautics Board. stating its needs, requirements to be. filled by the pilots, type of aiicaft. which they will operate. ii intl ype of work to be performed, its well as I crins and coju I t~oiis of he coil t cart. 1)) 11)011 receipt of t he itppiieitt ioo~ I lie. Civil Aeronautics Board slut H prc'la1~e the e~:t of the ~l Ivertisoiiteiits which the interested company must pull isli at its o'viu exl)ense, ti tree times on aitcniat jug days wit Idn a pc~ md of ~eve~i days, in one of the newspapers of icr~est ci iculation. in the Capital, requesting the services of the pjlot or pilots ut may need. and indic:ii ing that. the repLies must. be preseu~ted within a term of 10 clays to the reporting section of the Civil Aeronautics Board. c) The Civil Aeroiiant ics Board shall forward to the airline requesting the pliot or pilots any applications receivecL in order that it. may examine them and notify the Civil Aeronautics Board of the name of the pilot or pilots whom it has decided to hire from among the applications received. - d) I pout not ice of the selection macic liv the a in ne, the Civil Aeroiiauc cs I bard shall Proceed to issue I lie rea' ~ea ive alit hnriza- tion f~n cont tact ing the s~rvices of the foreiga pliot. A itic7e 7.0. ~at lonal airlines shall obse~ve the procedure ill(licated in the precedi~ue article iii coiitractntg for services of foreign tech- nical aviation personnel. Jiticle 71. Peruvian airlines are under a permanent (luty to carry native co-pilots on all scheduled flights of their aircraft, even when the pilot, in command of the aircraft. ott the fii2ht is of foreign nit- tionahitv. A?'ti7e 72. Xatiouial aviation enterprises must train pilots and other technical aviation persoumel of Peruvian nationality in order to be able to count at all times on their servce.s for their fiit~ht operations. Jitic7c 7.]. When Peruvian aviation enterprises must use new flight equipment for which there are no duly qualified Peruvian pilots avail- able in the couuit.ry, such enterprises before putting such new flight equipment. iuito Servjce, must. train Peruvian personnel either in Peruvian or foreign schools, and enable them to obtain the respective licenses so that they may take over the operation of such equipment. CTiAPTER II. TIlE AIRCRAIw COMMANDER Jrfcle 74. The Captain of an aircraft shall be invested with the power of an "aircraft. commander" to whom the operator delegates its po~vers and responsibilities. Article 7.'i. The aircraft commander shall be. responsible for the di- rection, guidance, order and safety of the aircraft., the crew, equip- ment., cargo, and mail transported. This responsibility shall com- mence as soon as he takes charge of the aircraft, to begin a flight and shall cease at the end thereof when the representative of the operator or other competent. authority takes charge of the aircraft, passengers, and goods transported. Article 76. Tile name of the Commander and the special powers con- ferred on him rnu~t be stated in the flight documents. PAGENO="0650" 2052 uii LAWS AXD TREATIES OF THE WORLD Article 77. The aircraft, commander shall record in the appropriate books any birth or death which may occur on board and shall transmit authenticated copies to the competent authority. Article ~8. The Director General of the Civil Aeronautics Board shall establish and keep the "Public Aircraft Register." Art~ele 79. In the "Public Aircraft Register" shall be recorded: a) The registration of Peruvian aircraft; b) An legal fact. or act which relate to tile legal status of t.he aircraft. c.) Attachments on registered airc.raft; d) Mortgages imposed thereon; e) Rent. and charter contracts of registered aircraft f) Restrictions and limitations on the powers of tile proprietor of the aircraft: g) Permanent withdrawal from use or loss of tile aircraft; h) Orders of cancellation of regist.rat.ion of the aircraft. Article 80. The Public Aircraft Registe.r shall be kept by an official called Registrar who shall have the duty of keeping the regist.er in conformity with the provisions of this law. Article 81. Registration of aircraft. in t.he Public Aircraft Register shall be made by virtue of titles which shall be the public documents on which tile right of the applicants is based. Absent public instru- ments private instruments that. comply with the law may be presented. Art ide 82. In the case of a title issued abroad, registration shall be made when it has been established in compliance with tile law of tile country t.o which t.iley apply, and if they have been legalized and officially t.rimsla.te.cl into Spanish. A it/dc 83. Any persoii who has a legitimate financial interest in registratioll may apply for the registration of aircraft in tile Public Aircraft Register. Article 84. The amendment., modification, or extinction of any right recorded in the. Public Aircraft. Register shall be made by a new entry which shall state such amendment, modification, or extinction. Article 8;~. For purposes of registration of titles, a title which must be registered in tile Public Aircraft Register shall be deemed to have bee.n presented on the day, the hour. the month, and the year that ap- pears on the time stamp iml)ressed on the title when received in tile incoming mailroom of the Civil Aeronautics Board. Art/e7e 86. Tile Registrar shall keep and conserve t.he registered titles referring to an aircraft. ill separate files for each aircraft., and shall keel) the order of l)resentat ion in such folder which shall be pagi- nated a.nd which shall not he separable. Article 87. The file for each aircraft. with the titles shall be kept by the Re~istrar in a security archive. 4rticle88. The book of the Public Registrar of Aircraft. shall be open to the public and tile Registrar ~hall show it to anyone wiio has an interest, in examining the entries therein. Such access may be had at. the. offices of tile Civil Aeronautics Board, and all precautions for the safeguarding and completeness thereof shall l)e taken. Article 89. The Civil Aeronautics Board shall issue, upon request., certifications of recordations. Article 90. Fees for registration and fees for i~uance. of certifica- tions from the Public Aircraft Register shall be. those specified in the tariffs that, appear ill Annex I to this law. PAGENO="0651" AIR LAWS AND TREATIES OF THE WORLD 2053 TiTLE IV. TEc1IxIc~\L AIRCIIAFT REGIsTER A'rticle 91. The Civil Aeronautics Board shall record in the "Tech- nical Aircraft Register' all aircraft which fly within the. territory of Peru under an operating permit. In this register shall be recorded the characteristics of aircraft~ and the information containe(l in Form DGAC-1~eg. 007, which shall be filled out by the interested party and which is shown in Annex C to this law. TITLE \`. AIIIDROMES AND AIRPORTS Art;cle 92* An airdrome shall be any specified area on land or water rntende.d for the movement and service of aircraft. Art;cie 93. An airport shall l)e any airdronie which has authorities of immigration, customs, police, health and others e~tablished to fulfill formalities involved in activities connected with air transport. Art;cle 94. Airdromes and airports shall be classified as national, municipal, and pri\~tte, III accordance wit hi their legal status of owner- ship. Art ide 9-i. For the. construction and operation of airdromes in Peru an authorization from the Civil Aeronautics Board is required for which proper application shall be macic indicating the location and characteristics of the airdrome. Article 96. Any modification in the characteristics of a. completed airdrome shall require a new authorization from the. Civil Aeronautics Board. Article 97. The administration and operation of national airports for civil air transport shall be in the hands of the. Peruvian Corpora- tion of Airports and Commercial Aviation (COR.PAC). A rticle .98. The administration and operation of municipal air- dromes shall be. in the hands of the municipalities to which they belong, and of private airdromes in the Iiaiids of the i~~'~°'~ who are the pro- prietors thereof. Article 9.9. The Civil Aeronautics Board shall grant. authorization to build and operate. private airdromes in the Republic only to natural or legal persons of Peruvian nationality or to enterprises registered in Peru; however, such authorization may at any time be revoked for reasons of the national public interest. Article 100. The opening to air trainc of airdromes and airports for public use shall take place by re~olution of the directors of the Civil Aeronautics Board which shall publ~sl~ the chiaracterist ics and oper- ating rule.s for the airdrome, or airport. put into service. A'rtiic 101. Every airdrome or airport. shall have its own re~ulation, approved by the Civil Aeronai.mtics Board in which shall be stated the rules and procedures for the. regulation of local air traffic on each of them. Article 100. Buildings and installations on terrain adjacent. to, or adjoining airdromes or airports. shall be subject to aeronautical restric- tions and servitudes, and withiii a. radius of 4000 m'mieters from the geo- metric center of the. landing area no trees may be planted or structures or buildings erected which may obstruct flight or operations. Article 103. For the erection of structures within the radius specified in the preceding article, a prior authorization from the Civil Aeronan- PAGENO="0652" 2954 AIR LAWS AND TREATIES OF THE WORLD tics Board shall be required. and the. inunic~pahties shall not, without it, grant a licen~e for a. building under penalty of incurring liability. I iro~1 /01. For safety of air navigation, the Civil Aeronautics Board max decree the (lest ruetion of plantings, structures, and build- ings. which constitute a danger for air operations provided a fair conll)ensation is paid in advance. From this indemnity provision are excepted buildings, structures and plantings which were established In violation of Art~ele lOfi of this law. ~ t;i~ FAd. In the pro visions of Article 102 of this law shall be in- eluded instollatiou~ of electric. telespheric. or telephone lines, or any others: radio, television, or radar towers, or others; railroads, and in general, any structure which may represent~ an obstacle to flight safety within the radius specified. J,t'c7~ ]Ii~. Expropriation by tile State~ of property needed for the public use and enlargements thereof, and for private airdromes and auxiliary insteilatjons. shall be governed by Law No. 9125 of June 4, 1910, concerning expropriation. Jit~c7e I0~. The Civil Aeronautics Board shall order the affixing of danger S~fl0i5 on structures, elevated areas, and in general, on any obstacle )vhih represents a ii~k for air navigation, and the expenses of installation and operation thereof shall be borne by the enterprise which builds tle airdrome. The atiix~n~ and operation or (longer SiE'nOls shall be at the expense of tile owners of tPe iuiea \vhl're the obstacles are located when they have been raised subsequent to the construction of the airdrome or airport. l it~'c7 10g. For reason of safot or national emergency. the Civil Xeroii;iimtiis Do~r1 iiiev cancel or restrict civ ~i air operations on any aiidtonie ci' ii'port of the Replil)l1(. I i/~'c/~ flit), rLe fees for 11e use of airdromes, airports, installations and ~erviees to air no vleatlon rendered by the Peruvian Corporation of A~rports and (omnicrial Aviation shall be approved I)y the Minister of tIe Interior and (oiumerce, and of Aviation and shall be published by til? Civli Aeronautics Board, and CORPAC shall exhibit the ap- proved fees in a visible place. as its offices. ,t;~7~ 710. Tile fees far use of airdromes, installations and services I cloii~'in~ to mnlinicileti t~es or pr~vate persons shall be approved by tIle Civil Aero~iaiit ics I~OaI(l 011 tile p1'ol)oSal of the persolis or mimici- pal ities who adn~ minter and operate such a irdi'omes and installations. a pprovel fees shell I me exhIl)It ed in a visible place. 1ITIE ~T. ACCIDENTS 1fi'c7~' 111. The Civil Aeronautics Board shall investigate the ~aJ1ses of accidents of civil aircraft within the territory of Pe~d. J ~`~c/r 11?. The inve~tigation of accidents shall he made by the Permanent Tnvesti.aation Board of Accidents to Civil Aircraft wh~eh shall consist of the following: the chief of the operations de- partment of the Civil Aeronautics Boarri: an aeronautical engineer of the FAP. m l)11ys~cion of the FAP, and the Inspector of Material of the Civil Aeronommtics Board. Au'Jc7c 11.1. When an acciulent happens to an aircraft of foreign registry, the State where the aircraft is registered may designate ob- servers to assist in the investigation of the accident. PAGENO="0653" AIR LAWS A~D TREATIES Or THE WORLD 2055 A,~t'ele 114. The investigation shall be made in accordance with the Manual for Investigation of Accidents to be prepared and approved by the Civil Aeronautics Board. Article ho. Until the Manual specified in the preceding article has been prepared, the investigation of accidents shall be made in accord- ance with the Manual for Investigation of Aviation Acci(lents" (Doe. 6920 AN/855/3) issued by the international Civil Aviation Organiza- tion (ICAO). Aiticle 116. In cases of accidents within their jurisdiction, FAP shall make preliminary investigations in order to gather immediately all elements which will permit the Permanent~ Board of Accident In- vestigation to clarify the causes of the accident. Article 117. Any person who obtains knowledge of any aircraft ac- cident~ or of the existence of remains or wreckage of an aircraft must inform the nearest. police authority by the fastest means and within the shortest possible time. Article 118. All persons must testify before the Permanent Board of Accident Investigation on all matteis relating to the investigation of aircraft accidents. Article 119. Individuals and corporations must submit all informa- tion requested by the Permanent Board of Accident Investigation, and permit examination of documents, elements, and antecedents necessary for the investigation of accidents. Article 120. After the investigation of an accident of an aircraft of foreign registry is completed, the Permanent Board of Accident In- vestigation shall notify the Civil Aeronautics Board, and that author- ity shall notify the competent authority of the State where the aircraft is registered. TITLE VII. RE5C~E AND SALVAGE Article 121. Rescue and salvage of aircraft which have suffered an accident or have been lost is in the public interest, and, therefore, all natural or legal persons who operate aircraft under an operating permit must participate within the limits of their capacity in rescue and salvage when so requested by the Civil Aeronautics Board. Article 129. Temporary entry to the country shall be permitted, in accordance with the law, to qualified personnel who are duly accredited by the country where the aircraft is registered, when it is necessary for search, salvage, investigation, repair or recovery in regard to a dam- aged or lost aircraft. Article 123. In accordance with the law and for the time estab- lished therein, temporary and duty free importation shall be permitted of aircraft, tools, replacement parts, and equipment needed for rescue, salvage, investigation, repair or recovery of damaged aircraft that are registered in another country. Article 124. It shall be permitted, in accordance with the law, to export from this country any damaged aircraft or any other which has come to render assistance, as well as tools, replacement parts, and equipment temporarily imported for purposes of rescue, salvage, mves- tigation, repair, or recovery. Article 195. Damaged aircraft or parts thereof and all supplies or cargo they contain as well as any aircraft, tools, replacement parts, or equipment imported temporarily for purposes of rescue, salvage, in- PAGENO="0654" 2056 ;\1i~ LA\V~ AND TEiLATIES OF THE WORLD vestigatioll. repair or recovery, which are not removed from the t~r- ritory of Peru within the time specified by law shall be subject to the requirements of pennallent import at ion. Art;cle 1211. The Ministry of Aviation shall organize. and direct rescue, salvage, and redeprnt ion in accordance with the applicable law. TITLE XIII. AIR TRANSPORT CHAPTER I. GENERAL PROVISIONS ~! iticle 127. Aircraft must be operated within the technical speci- hcat ionS stated in tile Technical Aircraft Register and the air- \vortl1ine~s er! j~~lte in accord with the operations manual. Ai'ticle 128. Aircraft. nitty be used only for the specific purpose of the category in which they have been registered as well as within the conditions stated in the operating permit and the flight, permit. A~'tic7e 129. \Vhen aircraft must. be used for purposes other than those for the category in which it is registered a change in category may be requeste(l which shall be granted after cancellation of the one. A rtie7e 130. Every aircraft. must. carry such opera.ting and safety equipment which, in accordance with its characteristics and opera- tions is required by the corresponding Regulations on aircraft opera- tion. Article 131. Air transport within Peruvian territory of passengers, car~o and maiL and special services such as commercial, private., instruction, tourism and sport, to which Article ~30 of this law refers, shall be reserved to aircraft registered in Peru. Article 139. Aircraft registered abroad which do not belong to companies that have obtained from the Government of Peru tin 01)- erating permit for air activities within the territory of the Republic, may operate in this country under a permit from the Civil Aero- nautics Board for a maximum of 00 days when the flights are made for purposes of exploration or to make scientific studies from aircraft or to unidertake specialized transportation. 1 rude 133. To obtain the permit from the Civil Aeronautics Board f~r the activities mentioned in the preceding article, an application must be made at least l~ days prior to entry of the aircraft into the country which must contain the following information: a~ Type of aircraft: h ~ationality and registration markings ci Purpose of the flight, arid operations t.o be made by the aircraft within the territory of the Republic; Term of permit requested: e N:ition,iPtv and names of the crew meflhl)ers: f) A p1)rox~mat c date of entry on. awl exit from the national teiu' tory: ~) Point of dep:irt nrc ~iid (lestinatloli: h) intelme(l ate ~ui rports in Peni, or center of operations for Iii ~l~ts made with 111 the requested inie: Freqiienciesnnl clia racter~EticS of the radio call si~ttls. A ~fcl' 731. After examination of the application, the. Civil Aero- naut.ic~ Board ~1'ell grant or deny the permit and so inform the appli- PAGENO="0655" AIR LAWS AND TREATIES OF THE WORLD 2057 cant. In case the perlilit. is grante(l, it shall be. given in forni of a flight permit (Form 1)GAC-OP-0l0), shown in Amiex Ii to this law. Jitk7.e 13.5. The 9() day term specified in Article 1;h~ may be ex- tended for 30 more (lays at. the discretion of the Civil Aeronautics Board in case the 90 days granted are insufficient, to fulfill the pur~o~~ intended by the enterprise or l)ersoml re(~uesting the, permit. However, in all cases where it is necessary for the aircraft to eon- tinue operat ions in the. country after tile extension granted by the Civil Aeronautics Board, it must be registered in the Public Aircraft Register, otherwise the aircraft. must leave the country. A i~tic/e 136. ~\o explosives, arms, 1111111 itions, or dangerous substances may be transported in passenger aircraft. .Ji~tic7c 1.37. Authorization to transport explosives niav be granted oiily when tile aircraft. provides the necessary safet measures for the transport i'itioii and offers iio (langer for peop'e or for the. airdronies where the aircraft take off or land, and in all cases the Civil Aero- nautics Board, before issuing the flight pelmilt, shall require authoriza- tion from the competent authorities which supervise the. commerce in explosives. Artcle 138. Before granting a penhit to transport explosives, arms, or munitions aboard an aircraft, time. Civil Aeronautics Board shall require prior authorization from the Ministry of time. Arnied Forces concerned or from the Ministry of Secuity and Police., as the case may be. ..1i~t;c/c 1311. The Civil Aeromiautics Board shall only grant special authorization of a flight permit t(.) aircraft which tramisport flammable, corrosive, daniaging, stupefying Sul)Stallces, or generally damigerous chemicals, substances, wheit the. transport. 1)i~esem1ts no danger to flight safety or to persons aboard the aircraft in which ~iicim substances are transported. Article 141). Access to~ 01 ~`t i~\ 1il~ ~i lie (o(kt)it or ~rew section of ce.rnmercial aircraft during a. flhthit, shall he ~ ate('i to ~)iis~emigers or persons other thami the crew. A iticie 141. In sinafl commercial aircraft. pioi~ideE with a. seat next. to that. of the pilot, and with dual conunaiids, it shall be strictly pro- hibited to passengers or persons other thaii the crew to occupy such se.a t. Article 142. There shall be. exempt from the I)roimil)itiolls stated in Articles 140 an(l 141, (lilly authorized oihciais of enterh)iises (11' 1)(~Iso115 who are the owners of the aircraft, and the othcmals of t lie (`iv 1 Aemo- nautics Board who fly in the exercise of control of aeronautical activi- ties. A it ~e7e .143. The Civil Aeronautics Board may authorize the trans- port. of freight. in the. cabin of an aircraft provided there are adequate prec.ant ions to avoid danger or annoyance to time passengers. A rticie 144. The. transport. of animals shall he permitted only iii spe- cially adapted ai rcra ft whiicii oiler safety for ti mis type of I ransport.. In time case. of international transport comnhml i~mnee ni~mst J mc had with sanitary regulations regarding loading and immi]oadi ng of animal' that. are. reqim i red in the countries bet ~veen which time transport is minnie. Article 145. Iransportation of sick pemsons. or l)ersolis under the influence of clings or narcotics and of cadavers, must he made under comiclit ions fixed by, imncl with pt~ar appiov~il froimi (lie Minr~trv of Public Health. PAGENO="0656" 2058 AIR LAWS AND TREATIES OF THE WORLD Article 146. Any natural or legal person who renders air transport services under an operating permit issued by the government, shall present to the Civil Aeronautics Board information and statistics referrin~r to the movement of passengers. freight, or mail aboard its aircraft. Article 14'T. The Civil Aeronautics Board shall approve, with a view to the public interest, the rates applicable, to the transport of passen- gers. freight and mail, and to special services which persons or enter- prises wish to make effective for aviation services that the render. Jrt;clc 148. For purposes of tile approval of rates referred to in the preceding article, the applicants shall propose such rates to the Civil Aeronautics Board at least i~) days before the date on which the rates go mb effect., and their al)I)lication shall be accompanied by documents which justify the proposed rates, such as operating expenses, reason- able profits. character of the service, and rates established by other persons or aviation enterprises rendering similar services. Art;cle 1411. After tile a1)phcation is received by the Civil Aero- naiitics Board an economic study of tile proposed rates shall be made and if they are found to be in the public interest a Resolution of the Board authorizing application of the proposed rates shall be issued. Ai't"cle 150. The Civil Aeronautics Board may object to, or request changes in the proposed rates if they are deemed detrimental to a superior public service. Article 151. The same procedure that applies to approval of rates shall be observed with respect to changes in rates that are already approved. Artielc' 1o2. In accordance with Law 7i'lO and regulations issued thereunder, tile State may reqnisitiou civil aircraft within the national territory, and oblige their owners or operators to put their aeronautical. personnel at the disposal of tile State. CHAPTER IL CLASSIFICATION OF TRANSPORT Artieie 15.1. Air transport services shall be divided as follows: a) Domestic. if it takes place between points located within the territory of Peru: such transport. shall be reserved t.o Peruvian aircraft.; 1)) International if it takes place between Peru and other States. and it may he. rendered by persons or enterprises of Peruvian or foreign nat~onalitv. Art;(~7e 154. Transport services shall be deemed the transportation of pa~sentrers. freight. or mail whether such transport is made in the same. aircraft or separ~ltc-iv. ~i,'t,(~le ]5.~. Transport services shall be classified as follows: ~i) Scheduled transport service if it. is made with uniform flight frec1uencv with time tables and flight routes approved by the Civil ,\cionern~s Tir'ar"l. Xon~'heduiicd transport service if it is mache without fulfill- ing the rec[llireme}Its of s(lleduled service. J tf~/~ 150. Operetor.~ of non~clle(Tu1ecl transport services may not ~npr)1i11re tjme tallies 01' flight routes b) ~Xniioiiuee flights with fixed and uniform frequency: I i\[ake flights with such frequency that they ma constitute a schedule. PAGENO="0657" AIR LAWS AND TREATIES OF THE WORLD 2059 Ai~tic7e 157. Uniform frequency shall be deemed to be the number of flights made weekly on a specific. route by aircraft of a particular person or enterprise.. A i~tk7e 158. To begin operations, operators of scheduled transport. services must auply to the Civil Aeronautics Bonid for approval of flight frequencies in regard to each flight, route on which they serve such application must be made. 30 days prior to the (LIfe on which the flights are to commence. The app heat loll uimist be aecomfll)anied by information an(1 statistics that justify the. application. A i'ticle 159. 1. pun receipt. of the application sj ecified in the pre- ceding article, the Civil Aeronautics Board shall make a statistical stu(lv on the traffic, movement, on the route on which the new flights are proposed, and of the convenience or inconvenience which tite proposed flights represent to the. public service: it shall formulate its conclusions to serve as a basis for the decision granting or denying the requested flights. Ai'f ic/c 160. The same procedure shall apply in cases where the air operators apply for an increase in the number of flights on a route. Arti~cle 161. If the. operation is uneconomical, or the traffic dimin- ishes on a particular route, the. intereSte(l parties may auply to the Civil Aeronautics Board for a reduction in the. number of flights, which must. be accompanied by documents justifying such request.. After a technical and economic study, the Civil Aeronautics Board may authorize the reduction provided it doe.s not. mean loss of service to the places or regions served or if maintaining the frequency would cause grave financial damage to the operator. Article 16g. Operators of scheduled transport, services may, 30 days in advance, apply to the Civil Aeronautics Board for approval of flight routes and t.ime tables for their transport services. The Civil Aero- nautics Board may require changes in the flight routes and time tables in case it (leeiflS them not in the be.st public interest. Trri~ IX. AVIATION CLUBS Article 163. Aviation clubs in the Republic, with the purpose of teaching flight practices and subjects related to aeronautical activities may undertake aeronautical activities oniy with prior approval from the Civil Aeronautics Board. Article 164. Aero clubs shall be organized as civil [non-profit] asso- ciations and their constitutions and bylaws must be approved by the Civil Aeronautics Board, in order to enjoy exemptions, assistance, a.nd privileges granted by the State to aero clubs in the coimtry. Article 16.5. The Civil Aeronautlcs Board shall control the aero- nautical and technical activit.ies of the aero clubs which must submit, 30 days in advance of beginning operation, a detailed plan of aeronau- tical activities which they shall undertake during the year. Article 166. The bylaws of each aero club must, `i.e., contain the fol- lowing information: a) The name of the nero club indicatin~ tIme place where it operates and its center of aeronautical operations: b) Indication that the purpose of the aero club is to teach and train its members in flight activities and the knowledge of sub- jects related to aviation, and to promote civil and sport aviation in all its forms. 59-TSi-63--VuI. II--42 PAGENO="0658" 2060 AIR LAWS AND TREATIES OF THE WORLD Ji~ti'7e 17. The Civil Aeronautics Board shall annually deternm1~ the. 1 udget and income of aviation clubs and ascertain that such l)udget and income is used for the specific purposes of the aeronautical activities of the aero clubs. J,t;c7e 168. The Civil Aeroiiautics Board shall control the alloca- tion of fuel and lubricants which the State provides for their aeronau- tical activities, and the aviation clubs niust render monthly written accounts of such allocations. J,tc7e 1611. Inconie derived by aviation clubs from fees paid by their nienibei's pei' flying hour, T(.~~T1 must. be used for replacement of fling eqlu~)lnent. and the remaining 30% for other expenses deemed necessa iv lJv the a vi at ion chill). I if~/c J71). The avi~itioii cu!1) shall deposjr the amount of 70% spec- ified in t he prececling article with a ~tate. Isuik m an account. designated ~Be1)1ii(ement of flying equipment' and charge to it the amount of the ie.spective bills far orders which have l)eeli i1l)I)iOVe(l In advance by the (1ivi 1 Aeronautics Boar for acd1ll iSit loll ot flying equ ipmilelit such as aircraft, aircraft. engines, equipment iincl spare parts. Jit~c/e 171. The Civil Aeronautics Board shall issue special receipts, for purpose of (ontroll ing all funds specified in article 169 of this law, which shall be proof of billing by the. aviation clubs for flight hours paid iiv its members. (HAPTEIl II. ciVIL .~VLvIION 5(}!OOL OF PEIHJ A/ c/c 17.2. The Civil Aviation School of Peru is a technical aviation ()rgaliizat]on intended for the. ptmrpose of preparation and training of speciahize(l persoilnel needled for civil aviation activities: it forms an inteUTal 1)Iirt of the ~\1inistrv of Aeronautics and exercises its duties under the supervi~ion of the Civil Aeronautics Board. j it;e/c 17.3. The iilm~miisrrati ye. I echiia.al. and economic direction, superv~sion~ and control of i lie (`hi! ..~viation School of Peru shall be exercised by the Superior (`olineil of the Civil Aviation School of Peru which shah ensure that the 5(11001 ful ills the specific purposes with which it. has beeii entrusted to reach a high level of technical efficiency, of progress and ~levelopmnent. J~t;(/c 1~.4. The Superior Council of the Civil Aviation School of Peru shall consist (If: Ihe T)irector Ceneral of the. Civil Aeronaut ics Board, who shall he chairman of the Council `flie Chairmuami of the Board of the Peruvian Corporation of Airports and Conimitercial Aviation (CORPAC) The Chief of Instruction of the General Staff of the FAP Armed Forces of Peru] The Assistant l)irector of the Aeroimatics Administration; A representative of the national aviation companies, designated by the Minister of Aeronautics. J,tir/c /7.5. The management of the. Civil Aviation School of Peru ~.hiail sul)mit. for the approval of the Superior Coimcil its annual ex- eIise budget wh~eh must he (.lrafted in accord with funds appropriated 1°F it by the State. ~i ~ 176. The Civil Aeronautics Board shall exercise financial control over amounts expended by the Civil Aviation School of Peru PAGENO="0659" AIR LAWS AND TREATIES OF THE WORLD 2061 in accord with its expense budget, and it shall render an account to the Superior Council for its approval. Article 177. The Ministry of Aeronautics shall allocate to the Civil Aviation School of Peru such lubricants and fuel as it requires for the fulfillment of the specific purposes connected with the programs of instruction in flying, flight routines, mainten ance, workshops, vehicles, motors and power plants. TITLE X CHAPTER I. OPERATING PERMITS Article 178. For purposes of this law shall be deemed: a) Operating Permit-the authorization granted by the Gov- ernment to a person or enterprise. Peruvian or foreign, to render air transl)ort services or special services. b) Flight Permit-the authorization granted by the Civil Aero- nautics Board to a Peruvian or foreign person or enterprise for: 1) Special flights outside the. regular air routes or the au- thorized routes of national air carriers; 2) Special flights outside the authorized air routes of for- eign carriers; 3) Non-scheduled charter flights for transport of freight to national air carriers which are authorized to operate over that route; 4) Non-scheduled charter flights for transport of freight to foreign air carrier for loading or unloading on Peruvian ter- ritory of freight when they have no operating perinit 5) Transit flights of aircraft of foreigii registry in accord- ance with the provisions of Article 7 of this law. CHAPTER 11. GENERAL PROVISIONS ~l if ide 179. The operating permit ma not be negotiated or traiis- fe.rred in any way without. l)ermission from the Government. Jiticle 180. The operating permit does not grant exclusive rights to any person or enterprise. The Civil Aeronautics Board may limit or restrict operating permits for reasons of the pub] ic interest. Jrt;cle 181. The granting of an operating peluhit iiiiplies that the Government has the right to use for its service, aircraft, parts, material anti personnel of the licensees in cases of international eonflict~ internal disorder or any public, disaster, but the Government must pay the ex- penses incurred in all such cases. Arfc/e 182. Licensees of an operating permit must assure that they have coverage for risks to passenger. crew, freight. or daiiiiige to third IeIs0i~s on the ground. ~1~f;~7e /83. An operating permit is granted for each of the services speci lied in para~raphs a) and h ) of Article 1~l no Joint permits univ be granted for two or more services. The ~rantin~ of an operating permit imp] ~es an obligation on the part of the rantee to submit to the authorities and the. law of the country in regard to civil aviation. I rfc/c 184. The licensees of all operating permit for air transport services who make agreements with other carriers which mean com- mon operating rules, a connection, consolidation, or merger, of their PAGENO="0660" 2062 AIR LAWS A~\D TREATIES OF THE WORLD services or businesses, must obtain the approval of the Civi Aer~- iiautics Board. An application for such approval must be submitted at least 30 days in advance of the date in which such arrangement between carriers takes effect. Artic7e 18J. No person or enterprise that has obtained an operating permit may change or interrupt services without prior authorization from the Civil ~~~ronautics Board. Artic7e 186. The Civil Aeronautics Board may temporarily sus- penci an operating permjt when the condition of an aircraft does not comply with safety requirements or when there is noncompliance with the conditions of the operating J)ermit, but in such cases the opinion of the Consultative Coimcil of Civil Aeronautics must first be obtained. Arh(7e 187. Operating permits are granted for a maximum term of 5 years. Ait~c7e 188. An operating permit for international air transport service is granted by Supreme Resolution. Other operating permits are granted by Ministerial Resolution. A ~t;~7~ 189. An operating permit may be renewed for another term of the same duration as the previous one, and the person or enterprise must bring up to date the application and submit documents and follow the same procedure as is specified in this law as if it were a new grant of an operating permit. The renewal application must be presented 6 months before expira-~ tion of the permit. An operating permit shall terminate when the licensee does not use it within 90 days from the. granting of the permit, or when his activities are suspended by abandonment by such person or enterprise for more than 30 days. A rtic7e 190. No operating permit shall be cancelled without a prior hearing to the licensees in order that they may present such allega- tions or proof as they may deem necessary. Ai'tic7e 191. The Civil Aeronautics Board shall authorize special flights over the regular routes of national air carriers when the carrier justifies the necessity of making such flights for transportation; an in- crease in frequency must~ be requested when the number of special flights authorized in one month equals or exceeds the frequency of so ivic~ which the carrier offers on that route. AufIe7e 192. Special flights over the routes of a foreign air carrier shall he. authorized when the carrier justifies the necessity of making such flight for the transportation of passengers or freight; and an increase in frequency must be requested when the number of special flights authorized in one month equals or exceeds the service offered by the carrier. ~! i'tlc7e 193. Non-scheduled charter flights for the carriage of freight~ over au international route shall be authorized for national air carriers holding an operating permit, when t.he applicants for the route grant justify the nuhhie convenience of such transportation and obtain permission from the country where the freight is loaded or uu~loa cTe(l. ~t i~;c7c 194. Non-scheduled charter flights for transportation of freight shall be ~ranted to foreign air carriers as to the loading and unloading of freight on the territory of Peru in cases where no sched- uled carriers operate over the route, or where the capacity offered by PAGENO="0661" AIR LAWS AND TREATIES OF THE WORLD 2063 such operating carriers is insufficient, for the demands of the trans- port, which must be proved by the carrier that applies for the grant of such non-scheduled flight. Avtic7e 19.i. Transit flights shall be granted to aircraft of foreign registry in accord with the provisions of Article 7 of this law. Art,rle 19G. Air carriers wit ieli oiler service over the air routes of Peru shall be authorized to make flights for tl~e sole purpose of rendering aid at which time they may transport passengers or cOin- merc.ial freight. CHAPTER III. RULES FOR THE ESTAl~LIS1IMEXT, OPERATION. AND CONTROL OF AIR CARRIERS Jrtc7c 197. In accordance with the requirements of this law an operating permit shall be granted for services of: a.) air transport; b) special services. Air Tra'n~sport Services by Peiceian (ari'eis Article 198. An operating permit for air transport services ma be granted a) to operate scheduled domestic and international air services by persons or enterprises of Peruvian nationality: b) to operate non-scheduled air transport services by charter type flights over international routes by persons or enterprises of Peruvian nationality; c) to operate non-scheduled air transport. services of air taxi for passenger and freight within the territory of Peru by persons or enterprises of Peruvian nationality. The services mentioned in paragraphs a) and id may be passengers, mail, or freight. CIIAI'TER IV. ESTABLIShMENT OF PERUV[\N (`AJIhEEJIS Article 199. In order to apl)ly for an operating I)elmflit to Operate air transport services on the part of Peruvian persons or enterprises, they must be established in accordance with the Peruvian laws as Peruvian commercial entities, and must be recorded in public regis- ters. Their charter must comply with the following basic require- ments: a) If the. operator is a physical PeIso.~h he must. be Peruvian by birth and have his actual (tomicile in Peru b) The domicile of an enterprise must he in Peru c) Tl~e control anti management of an enterprise, must be in the hands of i~e~sons of Peruvian nationality with their actual domicile in Peru d) In the case of an association of persons [partnerships], two thirds at least of the associates jointly liable must be Peruvian anti own two thirds of the capital of the enterprise: e) In the case of a. stock corporation two thirds of the stock corresponding to the capital of the corporation must. be stock issued by name and be owned by native Peruvians with actual domicile in Peru. Other than the two thirds of the stock issued by name, the stock may be issued to bearer. Any transfer of PAGENO="0662" 2064 AIH LAWS AND TREATIES OF THE WORLD stock issued by name must be notified to the Civil Aeronautics Board fi The Chairman of the Board or the Administrative Council, the managing director and at least two thirds of the directors and administrators must be Peruvian by birth ~) The pi~i~pose of the enterprise must express that it is estab~ hi~hed for the operation of air transport services [specified in Article] 2 198. J'tcle ,?oO. After the companY charter has been recorded in the~ public registers. changes to be made in the organization or the charter shall be notified to the Civil Aeronautics Board. Jjtu~7e 201. In addition to the. books required by the law, applicants for au operating pennit must keep a book of transfers of stock issued by name which, after being legalized by the judge of the trial court of the province where the seat of the organization is located,, shall be authent icate(l by the Civil Aeronautics Board. Ji~u7e 202. The Civil Aeronautics Board may designate inspectors duly accredited to investigate the operations of natural or legal per- soils who operate oil' services and to verify whether they apply the rules established by this law; for such purpose they may have recourse to other Government agencies. CHAPTER V. APPLICATIONS Aitcle 202. Persons or enterprises who wish to operate any air transport service referred to in Article 198 must present an application to the Civil Aeronautics Board which must contain the following information: a) Nature of service to be operated; b~ Flight equipment and maintenance service; c) Form in which service is to be operated; d) Stops (technical and commercial) ci Mininiiimn frequencies proposed in the case of scheduled service: f~ Proposed rates, based on operating costs; g) Estiiuioted `late for initiating service. Jpf;clc 2(14. The application must he accompanied by the following documents to show legal. technical, and financial capacity of the appli- cant, and shall consist of the following: a) Tosliow legal capacitY: In the case of a natural person, there shall be presented a notarized certification of his Peruvian nationality and actual domicile in the Republic In the case of an enterprise, there shall be proof as to the public document of the charter and bylaws of the enterprise with a statement as to its recordation in the Mercantile Register: Evidence of a written power of attorney showing the au- thority of the er~omi making tue application for the operating permit: it roust be shown that the power of attorney has been recorded in the public registers: 2 Missing in Spanish original-Ed. PAGENO="0663" AIR LAWS AND TREATIES OF THE WORLD 2065 A copy, certified by a notary public, of a report on the stock- holders of the corporation indicating their name, nationality, number of shares of each stockholder, and the amount such shares represent. b) To show technical capacity: Information showing the technical capacity required for the air transport service applied for: Equipment and/or auxiliary installations for performance of the services to be rendered: Operations manual of the company: Aircraft manual: Aircraft maintenance manual; Shops and services for maintenance: Technical aviation l)ersonnel who will perform the duties corresponding to the. activities performed by the enterprise, with an indication of their number and nationaht.y (in case this is necessary). c) To show their financial capacity: Information regarding the amount of paid in capital avail- able to initiate services. Such initial capital must be calcu- lated by the enterprise which applies for the operating permit on the basis of the nature of the service which it proposes to perform, and whether it is- scheduled domestic service: scheduled international service: non-scheduled charter service over international routes; Air taxi service. Paid initial capital must in all cases correspond to the ex- penditures and needs of an economic and technical nature which reasonable and re~ular operation of the services con- templated by the applicant clenianci : to irove it, he must show in a creditable manner his economic and technical sufficiency. The manner of financing aircraft, equipment and service installations. A receipt from the cashier of the Civil Aero- nautics Board must~ be attached showing that the following regist.ration fees have been paid: 2,000 Soles for an application for a permit to operate scheduled domestic air transport services; 3,000 Soles to operat.e international air services; 1,000 Soles to operate non-scheduled air transport char- ter services over international routes; aOO Soles to opera.te air taxi services over Peruvian ter- ritory. Information concerning insurance to cover damages to pas- sengers, crew, freight, and to third persons on the ground; amount the.reof and insurer. To present the certification of the CORPAC which proves that there is no debt owed this company. The same certifica- tion shall be presented when the operator changes the nature of an operating permit. PAGENO="0664" 2066 xu~ LAWS AYD TREATIES OF THE WORLD J,~te7e 20.5. Applications which do not comply with the requirement of being accompanied by all documents specified in the preceding arti- cle. will not he pro essed, and the Civil Aeronautics Board will return the application and documents so that. the applicant may comply with the. documentary requirements mentioned above. Ji'te7e .206. When an application is presented to the report desk of the (dvii Aeronautics Board. with accompanying documents, request- ~ng an operating permit for transport services, the departments of the Board shall make a decision and file the following reports: a) Legal report regarding form and validity of the documents presented: compliance with legal provisions of the law on civil aviation: and Resolutions already in force concermng operating permits for similar services. hi Technical report on fitness of aircraft to perform the pro- l)osecl service. Technical condition of the ships for maintenance and repair of ~ii vera ft. and equipment. Characteristics of equipment and/or installations necessary for the services. c) Operational report: with respect to the network of routes proposed for the operation, including operation of each route with due regard to the. type of aircraft, estimated flight time, proposed ml nimiun frequencies. stops, and inspection time. Capacity of aircraft in relation to demands of traffic volume for freight. ai~d passengers, considering statistics, operation of other carrIers and traffic potential. d) CORPAC~s Report: regarding airdromes, airports, commu- nications, installations, services, and other aspects related to flight over, and use of the airways of the Republic. e') Report. concerning flight, personnel: with regard t.o tech- nical flight, personnel to he employed by the carrier with due re- gard to the qualifications and availability of Peruvian personnel. f) Economic-financial reports: with regard to estimated amounts of capital of the carrier to perform the services, with due regard to the cost of aircraft and equipment, spare parts and general expenses in relation to the service to be operated. Financing for the purchase of aircraft and equipment a.nd for the operations proposed by tha carrier. Artic7e 201. After the reports specified in the preceding article have bee.n compiled, the Civil Aeronautics Board shall call a. public hearing before the Consultative Coiuicil of Civil Aviation and shall make available to this council the file concerning the operating peimuit being processed. At. the same time the Civil Aeronautics Board shall pre- pare the notices to be published in the official gazette `~El Perua.no" and in one of the daily newspapers of large circulation three times within a 15 clay period. Ai'tic7e 208. The notices shall be. transmitted by the Civil Aeronau- tics Board to the interested parties for publication at their own ex- pe.nse, and they must contain the following: Date of meeting of the Council for a public hearing; Nature of the permit.; Day. hour, and place w-here the meeting is to be held. PAGENO="0665" AIR LAWS AND TREATIES OF THE WORLD 2067 ChAPTER IV. CONSULTATIVE COUNCIL Article 209. The Consultative. Council shall meet in a public, hearing 15 days from the date of first publication of the notices. This Coun- cil consists of: The Director General of the Civil Aeronautics Board, who shall be chairman of the Council; The assistant. director of the Civil Aeronautics Board; The chairman of the Board of CORPAC; The director of the legal department of the Ministry of Foreign Relations; Die assistant. director of the Treasury; The legal advisor of the Civil Aeronautics Board. CHAPTER VII. PUBLIC HEARINGS Article 210. At the public hearing the following shall have the right to make statements: a) the person or enterprise applying for the permit; b) whoever operates air transport. services; c) any firm which believes it. is affected by the application. Article 211. In order to have the right, to take an active part in every hearing, interested persons or firms may register with the Board See- ret.ary of the Civil Aeronautics Board at. least. two days before the date set for the hearing and give written reasons for such registra- tion. Any person act.ing as a representative must show a power of attorney. Article 212. Before. a. hearing, the Secretary of the Council shall give an account of the applicants who will take part. in the hearing so that the. Council may e.stab]ish their qualification and determine the order of the statements. Article 213. When the Council sits in public hearing, the following procedure shall be observed: a) The chairman shall declare the hearing open and shall give the agenda; b) The reporter of the Council shall read the application of the applicant for an operating permit, and a concise statement of the ba.ckground of the application to be considered; c) The chairman then shall give the floor to the interested party or his representative, either for a. first. explanation or to clarify or later add to any statements already made; he shall also give the floor to each person registered to take. an active part in the hearing in accordance with the rule established in Article 212; d) The, members of the Board may question the participants in the hearing with permission from the chairman; e) W~hexi a person or firm has expressly been referred to in any statement, tl'ie chairman may give the floor to the peisoii referred to or to his representative eve.ii though lie is not registered in accordance with Article 211. f) The chairman may limit the time for each presentation; g) After the presentations have been heard, the chairma.n shall (Tech are the hea ring closed. PAGENO="0666" 2068 AIR LAWS AND TREATIES OF THE WORLD J,t;c7c 214. After the hearing, the Council shall meet to study the flies, the statements presented, in order to issue its rulings with proper re(ommendations. If there are dissenting opinions, they must be re- corded. J,t;(7C 2/5. The Consultative Council shall issue its ruling which must contain reasons and recomniendations regarding the granting or (len cii of the operating pe1~1111t requested. J,t~/e 2/6. With due consideration of the documentation and the studies it made, the Consultative Council shall issue a. decision which siia1i~ he preHented to the Ministry of Aviation by way of the chairman ci the Counc~1. This (lecision shall contain the priiicples they en- dorse and the reconìmendations they are making regarding granting 01. (ldniaI of the pe1mit requested, and shall be signed by all the inem- hers who a~iree with it. if there are clissentmg opinions, they must in the decision. j,c;eic 217. In case it agrees to the granting of the operating per- mit for air transport. service, tile Ministry of Aviation shall issue a Resolution specifviinr the conditions under winch such pe1~mits are griiiited. and which. l.a.. are the following: a ) Nature and extent of the service authorized; h ) Tenii of the. permit Time within which services must be begun; cl) Routes. stops, anti initial minimum frequencies; areas or regions of operation: e) Types of aircraft authorized and manitenance shops; f) Tecimical flight personnel; g) General center of operations; Ii) Other oH igations deemed pertinent. Ai'tic7e 218. Within thirty days from the date of the Resolution granting the operating pe1m~1t, the Iersoii concerned shall present to tile Civil Aeronautics Board of certificate showing that he has deposited in a state bank, in cash. a sum equivalent to 2 percent of the pajd up capital. a~- guarantee for compliance with the obligations of the licensee durin~ the validity of the operating permit. Such sum ma he replaced Lv an eqiiivaleiit hank guarantee, and must be per- manentlv maintained during the entire time of validity of the op- erating permit. A,t;c7e 21.9. Grantees of an opei'atuig permit who, after obtaining the onerating permit, request a modification, extension, or enlarge- ment of the route grant must comply with all requirements established in this law to prove technical capacity, financial capacity to operate the route. and the al)phicatiOfl shall follow the same procedure of re- 1)0its l)y the Civil Aeronautics Board, and of public hearings pro- vided for in this law for the granting of an operating permit. it"c7c ,?20. Request s for suspension of a route may only be granted hy the Civil Aeronautics Board if it does not affect the pul)hic interest in the service, and if maintaining the service causes grave economic damage to the, grantee. The carrier must justify its application and the Civil Areonautics Board shall decide in a private hearing of the Consultative Council. Jvt"c7e 221. Grantees of an operating permit who request an in- crease in flight frequencies, or a change in operating capacity, or a change in flu ht equipment. must i)resent a justification in their appli- PAGENO="0667" AIR LAWS AND TREATIES OF THE WORLD 2069 cation and attach documents of an economic or technical nature which support the request, and the Civil Aeronautics hoard shall make its decision after a. public hearing of the Consultative Council of Civil Aviation in the form specified in this law. Article ~2. The Civil Aeronautics Board shall resolve, without the requirement of a public hearing, applications for change or modi- fication of flight, routes for scheduled air services. TITLE XI. INTERNATIONAL TRANSPORT SERvIcEs BY FOREIGN CARRIERs Article 2~3. The operating permit to operate scheduled interna- tional air transport services by a carrier of foreign nationality shall be granted in conformity with conventions or treaties signed and rat ified by the Government of Peru: in the absence of treaties they shall be granted under the principle of reciprocity: a) An application by foreign carriers to operate international transport services shall be presented in the same form as if it. were a national carrier, and the application imist be accolnI)allied by the following documents: A certificate of the public document of the company charter or public documents of its own charter; The bylaws of the company, or a legal ized copy of the pro- visions of law underwhieh corporations are established; Certificates of the public registers which show that the enterprise has been recorded and has estal)lished a branch in Peru; The power granted to its representative in Peru; An official document issued by the competent. authorities of the country of origin of the enterprise which shows that the enterprise has obtained from its government the authoriza- tion to operate services on the route applie(l for: Proof that the aircraft is registered in the country of origin of the enterprise~; A copy of the rece.il)t for payment of fees for application for an operating permit in the amount of Soles 4,000, issued by the cashier of the. Civil Aeronautics Board. The documents mentioned above must be translated and legal- ized a.t the Ministry of Foreign Relations when the originals have been issued in forei~n langna~es. b) Foreign e.nterprise~s shall present. the fc)llowillg information and manuals for a study of the technical capacity of the enter- prise: Equipment and/or auxiliary installations for operation of services; Shops and ma.~ntenancce services in Peru: Peruvian technical flight, personnel to be used: Operations manual of the enterprise Aircraft manual with which the. service will be operated; Aircraft maintenance manual: Insurance to cover damages to passengers. crew, and freight, and to third persons on the ground: amounts thereof aiid insured party. PAGENO="0668" 2070 AIR LAWS AND TREATIES OF THE WORLD A!ti~c7e 224. In order to obtain the grant of an operating permit~ foreign carriers must keep in this country a representative with suffi- cient pow~ers to appear before Peruvian authorities; such representa- t ive must remain in this country during the time of validity of the operating permit. Ji~t~7e 2~2.5. Forei~-n air carriers must state in their application that they submit to Peruvian law, and to the courts of the Republic and that. they waive any action or regulation which excludes Peruvian j uriscli ct ion. Ait;c7e 226. Any application submitted without the documents and the information required in paragraphs a) and b) of Article ~23, shall be returned so that the omissions may be corrected. ~l,~;c7e 2;2~. A foreign carrier who obtains an operating permit to operate. international services must, within 30 days from transcription of the granting Resolution, present a certificate showing that he has deposited at a State bank a surety of Soles 50,000 to guarantee: a) Initiation of scheduled service on the date indicated; b) Compliance with preliminary conditions indicated in the operating permit. Ji't;ele 228. The surety shall be returned to the carrier thirty days after complIance with the following a) Having initiated scheduled flights within a period of ninety days counted from the date of the Resolution granting the op- elating permit b) Having complied with the conditions specified in the op- erating permit granted. Art;c7e 229. Lack of compliance with paragraphs a) or b) of the preceding article shall cause the. loss of tile surety which shall accrue to the funds of the Civil Aeronautics Board. TITLE XII. SPECIAL AIR SERVICES (:11 APTER I. GENERAL PROVISIONS ~4i'~;e7e 2.70. For time purposes of this law, special air services shall he dlecme(l services other than scheduled and non-scheduled commer- cial air services Special air services are classified as follows: a.) Commercial: That is, air work in which the aircraft is used for commercial purposes as working tool for tile purpose of ob- taining a. profit or benefit for tile operator. It includes the fol- low~n~ activities: 1) serial photography, that is, air work in which tile air- craft is used to make high altitude vertical and oblique aerial photographs of geographic. geological, and hydrographic areas: ~) Aerial advertising (radio broadcasting and television; loadspeakers: dropping of leaflets: training of announce- me,nt~z. and sk writing) 3) Agricuhural flight s wh cii include, aerial application of fertilizeis and regenerative substances, destruction of insects; fight against plant diseases; destruction of weeds and bram- bles: fight against noxious animals; defoliation; sowing, cloud treatment to induce rain and generally work connected with cultivatrng tile land; PAGENO="0669" AIR LAWS AND TREATIES OF THE WORLD 2071 4) Fishing and hunting services, which mci inle activities of conservation of hunting and fishing, restocking of fish and other animals, and location and inspection of lumting and fishing; 5) Exploration, that is, air work in which an aircraft is used for visual pul'pose.s in the inspection, supervision, and location of specific areas for t.he benefit. of agriculture, min- ing, public health, construction aiid irrigation and other sim- liar activities. b) [Private] air services: I Privatej air services are those in which an aircraft is used by a person or by a commercial or in- dustrial enterprise for private activities directly related to the exercise of the profession, industry, or business of the owners. Aircraft for private air service. may not be. used for tile benefit of persons or enterprises other thami the owner. c) Instruction: That is, services for the purpose. of qualification and training of personnel, to prepare pilots and civil aviation personnel. d) Tourism: That is, activities in which an aircraft is used by its owners for flights for recreation and private transportation. e) Sport: rfilat is, activities undertaken by private persons, aviation clubs, or civil aviation schools, for purposes of aviation sport. f) Industrial: That is, activities of a person or enterprise en- gaged in the manufacture or furnishing of aircraft, engines and flight equipment, and repair, maintenance of service thereof. Article 231. Special air services may only be performed by natural or legal persons of Peruvian nationality, in aircraft of Peruvian regis- try and these persons must have substantial ownership and effective control of such enterprise. The respective permits shall be. granted by Ministerial Resolution, and in accordance with the provisions of this Title. CHAPTER II. ESTABLISHMENT OF ENTERPRISES Aitiele 2.92. Operation of services of airwork deemed commercial may be performed within Peruvian territory by natural persons or by commercial enterprises established h)uI'sulalit to the laws of the Republic. Article 233. The rules and procedures for the granting of an oper- ating permit for special air services shall be the same as those for air transport services spcifled in Article 199 et seq., with the following modification: In paragraph g) of Article 199 which must. state the purpose of the enterprise, it must be indicated what is meant by special air services to which Article 230 refers. CHAPTER III. APPLICA'IIONS Article 234. Persons or enterprises who \viSh to operate any of the special commercial services to which paragraph a) of Article 230 refers, must present an application to the Civil Aeronautics Board wh i cli must. contain the foil owing information a) Nature, of the service to he operated; b) Flight equipment and maintenance service: c) Form of the service to be operated; Omitted in original text-Ed. PAGENO="0670" 2072 AIR LAWS AND TREATIES OF THE WORLD d) Regions, areas, zones and localities where the service is to be- operated; e) Rates; f) Estimated date. for initiation of the service. Article 23g. To show legal capacity, the application must be accoin- panied by the documents mentioned iii paragraph a) of Article 204 of this law. Article 236. To show technical capacity, the following must be pre- sented with the application: Information which shows the technical capacity for the special service applied for; Documents which show ownership of at least ten aircraft with the equipment necessary to perform the agricultural air opera- tions. (This requirement applies only to applications for agri- cultural air operations of a commercial nature.) Equipment. and/or auxiliary installations for performance of the services to be operated; Operations manual of the enterprise; Aircraft manual; Aircraft maintenance manual; ~hops and maintenance service; Technical aviation personnel who will perform the respective duties in the exercise of the activities of the enterprise, with an indication of tile number and nationality (if necessary). Article 23?~. Applicants for an operating permit for any special air services must attach to the application a receipt issued by the cash- ier of the Civil Aeronautics Board for payment of the fees of regis- tration amomiting to the sum of S. 2,000; and they must give infor- mation on insurance to cover any damages to the crew and to third persons on the ground, the amount thereof and the identity of the insured. Article 2.38. The provisions of Articles 205 to 218 of this law shall apply to these applications with the proviso that the reports required in Article 206 must be issued in accordance with the type of special service in question and in such cases the governmental department coiicerned niust be notified further, the Consultative Council speci- ned in Article 209 must include a representative of the Agricultural Inspection and Control Board of the Ministry of Agriculture when the application is for agricultural air work, and a representative of the government department concerned as determined by the Civil Aeronautics Board in the case of other special services. Aitclc ~39. Grantees of an operating permit for special air services who request a modification in the conditions of such permit shall present an appropriate application and follow the same procedure established in this title as if it were a new application. The same prOce(lure shall be foil owed for renewal of an operating permit. Article 240. Applications for suspension of services may be granted by the Civil Aeronautics Board only when no public interest in such service. is affected and when its maintenance causes grave economic damage to the grantee. The enterprise must justify its application and the Civil Aeronautics Board shall decide in. a private heariitg of the Consultative Coancil. PAGENO="0671" AIR LAWS AND TREATIES OF THE WORLD 2073 ChAPTER IV. PRIVATE AIR SERVICES Article 241. To apply for an operating permit for private air services, there must be compliance with the following, in addition to the basic requirements provided for in paragraph a) of Article 204: a) Proof that the estate or estates are being operated on a non- profit basis for the benefit of the applicant for the permit, if the application is for agricultural air work without commercial purposes; b) Compliance with the technical requirements and those for safety of personnel and equipment required by the Civil Aero- nautics Board and the Agricultural Inspection and Control Council of the Ministry of Agriculture. Article 242. The other provisions of this law dealing with the oper- ation of the so-called commercial service shall apply whenever they are compatible. Article 243. The application shall be examined by the departments of the Civil Aeronautics Board and by the CORPAC. Further, in the case of agricultural services, the opinion of the Agricultural In- spection and Control Board of the Ministry of Agriculture shall be sought. In cases of other technical activities, the opinion of the gov- errirnent department concerned may be sought. Article 244. To grant a permit, the Civil Aeronautics Board, in accordance with the type of private air service applied for, shall re- quest the documents and other information both from the applicant as well as from private or public organizations concerned, in order to have available all elements necessary to make a judgment concern- ing the permit, and the applicant must accept the ruling of the Con- sultative Council rendered at in a private hearing. CHAPTER V. AIR INSTRUCTION SERVICES Article 245. In order to obtain an operating permit for instruction activities, the following requirements must be fulfilled: a) Proof of availability of at least one aircraft suitable for giving flight instruction; b) Proof that the personnel who will give the instruction holds the proper license granted by the Civil Aeronautics Board, and that there is the necessary maintenance personnel; c) Proof of technical capacity [omission of words in printed text] by means of equipment and/or auxiliary installations for instruction of personnel and maintenance, service of aircraft. Article 246. The application shall be examined by the departments of the Civil Aeronautics Board and by the CORPAC and, after iSSu- ing its reports, the Civil Aeronautics Board shall make a decision and draft the appropriate Ministerial Resolution. For such license no public hearing of the Consultative Council of the Civil Aeronautics Board shall be required. CHAPTER VI. TO1ITRIST AND SPORT FLIGHTS Article 247. In order to obtain an operating permit for tourist and sport flights, it must be shown: That the person applying for the permit is domiciled in the PAGENO="0672" 2074 AIR LAWS AND TREATIES OF THE WORLD Republic in the case of a natural person; That the Aviation Club has complied with the provisions con- cerning official recognition; That the schools have technical capacity. Article 248. An operating permit for tourist flights shall be granted only to natural persons. Article 24.9. The Civil Aeronautics Board shall grant the operating permit with due regard to the provisions concerning safety and con- trol of aviation personnel, equipment, and flight of aircraft, which shall be stated in the grant. ChAPTER VII. INDUSTRIAL AcTIVITY ii'telc 2;0. The industrial activity referred to in paragraph f) of Artjcle ~3O, may be undertaken by persons of Peruvian nationality or by conunercial enterprises founded in accordance with the laws of the Republic. I. ~t;~7~ i~l. Fhe applications must. be accompanied by the following documentation a') A doc.tunent issued by a notary public which prov~ tile Peruvian nationality of the applicant and his domicile in the Republic: b) A certificate issued by the public registrars which shows that. the enterl)rise has been set tip in accordance with the laws of Peru and that. it. has been recorded; c) Technical capacity shall be proved by giving information on Equipment. and/or auxiliary installations available; Technical aviation personnel, its nationality, and tile li- censes ht. l)0SsesSeS. J,~tie7c 252. The application shall be examined by the Civil Aero- nautics Board, and an inspection shall be made for the purpose of as- certaining the capacity and qualifications to perforni the industrial activity applied for. Ai't~c7e 2.55. After evaluating tile information to which the pre- ceding article refers, the. Civil Aeronautics Board shall make a de- cision and issue the appropriate Ministerial Resolution in which it specihes the conditions and limitations of the permit according to tile industrial activity the performance of which is authorized. Ai'tcle 2.54. The Civil Aeronautics Board may make inspections at the factories and shops of the grantees of a. permit for industrial activity in order to ascertain compliance with the conditions of tile permit granted. TIYLE XIII. CONTRACTS ChAPTER I. GENERAL PROVISIONS Jrt;e7e 25.5. An air carriage contract. shall be deemed an agreement by winch the carrier undertakes for a certain price, wages, or fee, to transport. from one place to another by air, persons, animals or goods to be delivered to the addressee. Art;e7e 256. The. carriage which must. be made by several carriers, shall be deemed a single contract when the carrier and the passenger or the shipper have so agreed. PAGENO="0673" AIR LAWS AND TREATIE'S OF THE WORLD 2075 CT~PTEP II. CARF~AGE OF PASSENGERS AND BAGGAGE Article 257. Iii the carriage of passengers, the carrier has the duty tc~ ~bsue a flight, ticket on which the following data shall appeal: a) Place and date of issuance; b) Name and domicile of the carrier or carriers and of the pas- senger; c) Indication of the place of departure, intermediate stops, and destination.; d) Price of carriage; e) Weight of permitted baggage. Article 258. In cases where through negligence of the carrier, the carriage or part thereof does not take place, the passenger, or the ship- per shall have the following rights: a) Reimbursement of the price of passage or freight, in case the carriage does not take place; b) Reimbursement of a proportionate part of the price of pas- -age or freight corresponding to the non-performed carriage; c) Reimbursement of a proportionate part of the price of the carriage or freight corresponding to the non-performed part of the carriage; d) To demand fair compensation for damages and injuries, if any cause therefore. The carrier shall only be liable for payment of a proportionate part. of the price of the carriage or freight in the case where the carriage does not, take nlace through the negligence of the passenger or shipper. ~4 "tide 259. In the carriage of baggage, and with the exception of h~nl luggage which the traveller retains in his custody, the carrier has t~e duty to issue a baggage ticket. which shall contain the following a) Flight number; b) Place and date of departure and destination; c) Weight and number of pieces; d) Amount of declared value, if any; e) Indication that delivery of the [luggage] will be made to the passenger against delivery of the appropriate stub, unless there is express authorization to do otherwise. CHAPTER IlL CARRIAGE OF FREIGHT 4 rtidie 260. The carrier has the duty in the carriage of freight to issue a document or receipt for the shipment which may be issued to bearer, to order or by name, in accordance with the provisions of the cock. of Commerce. A rti.cle 261. The bill of lading shall be a legal document. evidencing r~f of contract between shipper and carrier; the bill of lading must stai.e that it is for air transportation. Article 262. The document. or receipt for the shipment., or the airway bill must at least contain the following data: a) Place and date of issuance; b) Place of departure and destination; c) Name and address of shipper, carrier and addressee; d) Type of packaging, marking and numbering of packages; 39-737 O-65----vol. II-43 PAGENO="0674" 2076 AIR LAWS AND TREATIES OF THE WORLD e) Weight, volume, and dimensions of the merchandise or packages; f) Apparent condition of the merchandise and packaging; g) Price of carriage, if the date and place of payment is stipulated; h) Declared value of the freight, if any; i) Documents delivered to carner with the bill of lading. 4 ~t;~7~ 263. The shipper of freight sh ~ll be responsible for accuracy ol i~ ~rmat ion and declarations cone.e~ ng the freight which he puts down in the document or receipt for th ~hipment, and upon him rests responsibility for the exactness, irreguT rity, or incompleteness of in- formation and declarations as well as ir damages and injuries that may be caused thereby. Article 264. The shipper of freight must furnish the data that must he inserted in t.he bill of lading; he must also add to the receipt for the shipment such documents as may be necessary, depending on the situation, for compliance with the formalities required by the customs, health, airport. police, or other government authorities. Article 265. The carrier must give notice to the consignee of delivery of the freight except as otherwise agreed upon. CHAPTER IV. PURCHASE. SALE, AND MORTGAGE Article 266. To prove the purchase and sale of an aircraft of Peru- vian registry, an appropriate public document must be presented. Article 267. The sale of aircraft which are subject to mortgages or property liens shall be made as if it were real property. Article 268. Any contract by which ownership in an aircraft is transferred, or a property lien therein is established, must be recorded in the public aircraft register. Article 269. Civil aircraft may be mortgaged in accordance with ap- plica.ble legal provisions, and the mortgagee may claim preference against the amount of insurance or compensation in case of destruction or requisitioning of an aircraft subject to a mortgage. Article 270. The establishment of a mortgage in an aircraft regis- tered in Peru shall be by a public, document. and must. be recorded in the public aircraft register. The date and hour of presentation at the recording office of the Civil Aeronautics Boa.rd shall determine the or- der of preference accorded by the law. Article 271. Aircraft mortgaged in t.his country which have been recorded in the public aircraft. register may not be transferred abroad without t.he express consent in writing by the mortgagee. Article 272. The essential characteristics of an aircra.ft may not be altered wit.hout t.he express consent. of the mortgagee. Article 273. The Civil Aeronautics Board shall not record in the public aircraft. register any documents in which it appears t.hat the mortgage is only on a sha.re or a partial right, in an aircraft.. CHAPTER V. LEASE AND CHARTER A rticle 274. For the purposes of this law, a lease of an aircraft shall be deemed a contract. by which the lessor, for remuneration, grants to `essee; the use of part or ~l1 of the capacity of a specified aircraft. Such contract may provide for one or several trips, for a period of time, or for a certain distance t.o be covered. PAGENO="0675" AIR LAWS AND TREATIES OF THE WORLD 2077 Article 27ô. A contract. of lease of Peruvian aiteraft shall be. re- corded in the public aircraft register. Article 276. Th~ lessor of the aircraft must pu~ at. the disposal of the. lessee all or paI-~ of the capacity of a specified aiieraft, equipped and supplied with a craw, provided with valid flight. i;apers and with an airworthiness certificate. He must. ~iiSO fly the trips coiitracte.d for, or keep the aircraft. at. the disposal of the. lessee under the, cond~t.ions agreed upon. Article 277. For the purposes of this law, charter of aircraft shall be a contract by which the. `~vner for a specified time. grants to the charterer the use. of an aircraft for a fee. The eontraci. must ii~vide for a duration of time of the cbarter of the aircraft. Article 278. The owner must deliver the aircraft to the charterer under normal conditions of flight readiness at the time. and place agreed upon. Article 279. The. charterer shall: a) Take. care of the. aircraft as if it were. his own and to use it. for the purposes for which it was chartered which must be speci- fled in the. contract.. b) Pay the charter fee contracted for or agree.d upon. c) Return the aircraft at. the end of the charter contract. in the same condition as it was received except. for such deterioration as was caused by the use during flights made in accordance. with the contract. d) Charters of aircraft of Peruvian registry may be recorded in the. public aircraft register. TImE XIV. CIVIL L.IARILJTY CHA?rER I. DAMAGES TO PASSENGERS AND CREWS Article 280. The carrier shall be liable for damages caused to pas- sengers or crews when the accident. which caused the damage occurs a.board an aircraft or during operations of embarking or disembarking. Article 28]. The amount of indemnity for damages caused in the case of death, injuries or bodily harm, shall be determined in accord- ance with the general provisions on liability. Article 282. Damages caused by the fault. of the injured person, shall be subject. to compensation in the. manner provided for by .A.rticle. 1141 of the Civil Code. CHAPTER II. DAMAGES TO BAG(;AGE AND FREIGHT Artkie 283. The carrier shall pay for damages resulting from, the loss, destruction of or damage to baggage or freight when such damage occurs during the period of transportation. The period of translxrta- tion shall be deemed ~o begin at the time wh~n the carrier receives the baggage or freight. till the moment when puts them at the. disposal of the passenger or the consignee, as the. t~e. may be. Artiele 284. The amoiuit of indemnity f~r diina.ges caused to bag- gage or freight shall be governed by the declared value if it has been agreed upon between t.he carrier and the passenger or shipper; in. the absence of an agreement., the courts shall decide. PAGENO="0676" 2078 ATR LAWS AYD TPFATIES OF THE WORLD iI.~FrER TT~. MAc-ES TO THIRD PEPSONS ON THE GROITND ~ 22g. Pe~ons or enterprises who operate aircraft shall be ha tIp tor damages and injuries caused thereby to pc;rsons or property of bird persons on the ground. rude ~ For purposes of such reparation of damages an aircraft 1] be deemed in flight front the tune when power is applied to the when the land in~ iS conmle.te.cl. ~`th7e 287. The amount of indamnity s}iall be determined judicially ansideration of he daina~e cased. CHAPTER IV. DAMAGE IN CA~L OF COLLISION rth~7~ 288. For damages caused by collision of two or more aircraft there shall be joint liability of the operators thereof. A collision shall be. ceemed to be the crash or fouling of two or more aircraft in the. air. Tin~r X\. INStRANCE Jrheie 289. In order to co~:cr the risks of undertaking air activities, gt'tu~tees of operating permits murt preseiit to the Civil Aeronautics Board coples of insurance, policies covering the following risks: a) I)amage.s to passengers: Damages to t.na crew: a) Dama.c:cs to baggage. and freight: d) i)amages to third perso~ on the ground. -~ r~c/~ ce' li he ~e ol for~i~ii aomnaliles ~r ci t~pr ~s u sur ~ to cocer ha litv shall he cons~dere.d satisfactory if it has been cen~racted for with an insurer authorized ut that respeec. in accorualice the laws of the State where the aircraft is registered or of that of ~.2ttiona]It.y of the operating carrier. Jrtkle 291. In order to prove that aviation risks are covered, Peru- vi an persons or enterprises who operate aircraft in Peru fur transport ~civices or special air services, shall present copies of the policies which ~liOW insurance of minunuru amounts of a) ~oles 1O(),hO1~ for each pilot.; b) Soles iOih000 for each paasenger c) Soles 100.000 for damages to third persons on the ground; dl Aniounts lar~er than the minimum amounts established in paragraphs a). h ) . acid ci mar be agreed upon for similar services when international carriage is invo]ved, TImE XVI. \IOLATTONS AND PENALTIES cie 2P2. Violations oi the rules concerning civil aviation shall be runished in accordance with the Regulations on Penalties which con-n tuies ~\.nnex J Cit this law. i~c7c 293. For the investigation of violations, the Civil Aeronau- tis Ro~:rd sliafl reiv on a Vio~ations Board which shall consist of: a) The assi~trnt director of the Civil Aeronautics Board who acts as chairman b) The Chief of the operations department; c) A. lawyer front the legal department. PAGENO="0677" AlE LAWS AND TREATIE~ OF THE woELr; 2079 Ait;e7e ~94. Lie Board shalT make t lie ~nvestiganu~ ~, ft~uI the per- son accused of the virdation. and collect evidence and fiic~or~ on which ii tdgment can be i ased. for t ~e plicpose r'f ,vrlt ni an o~ li11~ 01 11 ~vhiciì die results of tue Iilvest:gar ~ si ni ~uia~ zed ~n~i ~ coin i udes with i e~ oIIlillen{i;~ nuil~ it consi'ter~ ap~ )r~ ~priat.e. TITLE XVII. FEES Article 29.5. The Civil Aeronautics Board shall colle'u the fees which are. due. for registration of aircraft, certificates of airworthiness, licenses of flight. personnel, granting of operating permits. inspectIon of aircraft, of air operators. fees for the publjc aircraft re.U'ister and other f ~Thich univ be established. I ,`f*cfc ~[)f, The fees melD ionej ll~ he Plecenth~r i't ide shall be 1)11:1 hr the persons concerned ui the ca~liier of the C~ vil ~eron~tlities Buacd ~vii shall acknowledge payment of the fee~ nnd issne a receipt t herefor. Article 297. The Civil Aeronautics Board shalt deposit in a special account at the State bank tile total amount [of fees] received as the fees previously specified: also money collected as fines, forfeiture of secu- rilv. and ol her receipts accurin~ to the Civfl \ erc:na utn.s Board. f ~ .)9,~' `I lie fees shall be in accurdarice ~ dii tIn- following schedule: A. Regi.stratio-n fc~: S01c8 Aircraft fr tcaining, tourism, and sporr~ - ~.. 100 Aircraft f~r Privat~ ~ervices~ - ... - ... . Aircraft fcc c~inmerciaI air work~_.~ 300 Transport aircraft: Up to 8 seats -- 400 From 9 to 21 seats 600 From 22 to 45 seats sOO From 46 to 100 seats -. 2.000 More than 100 seats .~ --. 4,000 1,'. FEcs jcc ~ o ,ieica7 ac'l vat trif~oo ~.f ~`"W O~i `55 cc~'tulcatd8; Aircraft for training. tourism, and sporu. . laO Aircraft private air work Aircraft for commerc'iai air work - _~. ~ 300 Transport aircraft: Upto S seats . 400 From t~ to 21 seats . . S00 From 22 to 45 seats - . 1,400 From 46 to tOO seats~ - ~. - 2,000 More than 100 seats 4.000 Article 299. The fees specified in paragraphs a) and b) of A~i.le 298 shall he applicable to aircraft used exclusively br transportation of freight, and for that purpose, one seat shaH correspond to each 100 kilos of weight. Article .~. The fees for registration shall be payable each tune registration of an aircrafr ~s made oi' dIll Article JUl. Fees for certificates of air~vorthiiiess shall be paythle for the issuance or validation of a certificate of airworthiness and re newal of such certificates shall be made al n ii :111 v for ~vhiuIi the iiersons concerned must pay such fees between the second and thirtieth of Jan- uary of each year. PAGENO="0678" 2080 AIR LAWS AND TREATIE~S OF THE WORLD A. Granting an.d validation of licenses: Soles License of private pilot 300 License of commercial pilot 450 License of commercial pilot, first class 750 License of airline transport [pilot] 1, 050 License of navigator 300 License of flight engineer and board mechanic 150 License of flight radio operator 150 B. Renewal of liicenses: License of private pilot (annually) 200 License of commercial pilot (annually) 275 License of pilot first class 375 License of airline transport pilot (quarterly) 260 License of navigator (annually) 150 License of board mechanic (annually) 75 License of flight radio operator (annually) 75 C'. Flight licenses and logs: Licenses 40 Flight logs 50 Payment of fees for renewal of licenses must be made between the second and thirtieth of January of each year. D. Recording fee for application for operating permit: Soles For air taxi service 500 For non-scheduled, charter type air transport service over interna- tional routes by Peruvian persons or enterprises 1, 000 For scheduled. domestic air transport services 2, 000 For special air services 2, 000 For scheduled, international air transport services by Peruvian per- Sons or enterprises 3, 000 For scheduled international air transport services by foreign enter- prises 4, 000 E. Fees for inspection of aircraft: Aircraft from 300 kilos to 1,000 kilos 325 Aircraft from 1,001 kilos to 5,000 kilos 1, 200 Aircraft from 5,001 kilos to 10,000 kilos 2, 250 Aircraft from 10,001 kilos to 15,000 kilos 3, 125 Aircraft from 15,001 kilos to 20,000 kilos 3, 500 Aircraft of 20.001 kilos or more 4, 500 Art de 302. Operators of special air services of the categories Com- mercial and Private shall pay annually, to t.he cashier of the Civil Aeronautics Board, the followmg fees: A. Persons or enterprises engaged in aerial photography; fishing and hunting services; e~rploration: Soles When one aircraft is used 3, 000 When more than one aircraft is used, for each aircraft 2, 500 B. Persons or enterprises engaged in agricultural aviation; aerial adver- tisi.ng; and other services for profit: When one aircraft is used 400 When more than one aircraft is used, for each aircraft 350 C. Persons or enterprises who use aircraft for private service: For aircraft up to 300 kilos, for each aircraft 2, 000 For aircraft from 301 to 600 kilos, for each aircraft 2, 300 For aircraft from 601 to 1,200 kilos, for each aircraft 2, 500 For aircraft from 1,201 to 3,000 kilos, for each aircraft 2, 900 For aircraft from 3,001 kilos to 6,000 kilos, for each aircraft 3, 000 For aircraft from 6,001 kilos to 10,000 kilos, for each aircraft 3, 500 For aircraft from 10,001 to 12,000 kilos, for each aircraft 3, 800 For aircraft from 12,001 kilos to 14,000 kilos, for each aircraft 4, 000 For aircraft from 14,001 kilos to 16,000 kilos, for each aircraft 4, 500 For aircraft from 16.001 kilos to 20,000 kilos, for each aircraft 5, 000 For aircraft from 20,001 kilos to 40,000 kilos, for each aircraft 6, 000 PAGENO="0679" AIR LAWS AND TREATIES OF THE WORLD 2081 Payment of these fees must be made between the second and thirtieth of January of each year. D. Schedule of fees for the Public Aircraft Register: For recordation in the public register of the following: Registration of aircraft for special air services, category Corn- Soles mercial 100 Registration of aircraft for special air services, category Private_ 80 Registration of aircraft for special air services, category Train- ing 100 Registmtion of aircraft, Tourist 100 Registration of aircraft used for air taxi transportation 50 Registration of aircraft used for non-scheduled charter trans- portation 100 Registration of aircraft used for scheduled transportation in Peru 100 Registration of aircraft used for scheduled international trans- portation 200 Recordation of attachment on aircraft 50 Recordation of mortgage on aircraft 100 Recordation of lease of aircraft 100 For each amendment or modification of a recorded right 50 For cancellation of recordations of attachment, mortgage, lease or other recorded right 150 For exhibition to the public of the book of the public aircraft reg- ister for information on the legal status of an aircraft 50 For issuing a certificate of recordations as they appear in the public aircraft register, for each recordation 30 PAGENO="0680" PAGENO="0681" PHILIPPINE ISLANDS REPUBLIc ACT No. 776 AN ACT TO REORGANIZE THE CIVIL AERONAUTICS BOARD AND THE CIVIL AERO- NAUTICS ADMINSTRATION TO PROVIDE FOR THE REGULATION OF CIVIL AERONAUTICS IX THE PHILIPPINES AND AUTHORIZING THE APPROPRIA- TION OF FUNDS THEREFOR 1 Be it enacted bq the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I.-TITLE AND PURPOSE SECTION I.-Title of Act.-The title of this Act shall be "The Civil Aeronautics Act of the Philippines." SEC. 2. Purpose and scope. of act.-The general purpose of this Act is the reorganization of the Civil Aeronautics Board and the Civil Aeronautics Administration, defining their powers and duties and making certain adjustment of funds and personnel in connection therewith and the regulation of civil aeronautics. The provisions of this Act and the rules and regulations issued pur- suant thereto shall not. apply except with respect to aid traffic rules, to military aircraft and airmen of the Philippines and of foreign countries and to foreign civil and public aircraft and airmen other than those covered by Chapters III and IV hereof. CHAFFER II.-GEXERAL PROVISIONS SEC. 3. `Words and phrases defined.-The following definitions shall control in the application and construction of this Act, unless the context otherwise requires: (a) "Administrator" means the Civil Aeronautics Administrator. (b) "Aerodrome" means a defined area on land or water, including any buildings, installations and equipment intended to be used either wholly or in part for the arrival, departure and movement of aircraft. (c) "Aeronautics" means the science and art. of flight. (d) "Aeronautical telecommunication" means and includes any telegraph or telephone communication signs, signals, writings, images and sounds of any nature, by wire, radio or other systems or processes of signalling, used in the aeronautical service. (e) "Aeronautical telecommunication station" means any station operated to provide telecommunications for aeronautical purposes. (f) "Air carrier" means a person who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation or air commerce. 1Pubiished in English In Laws and Resolutions (1952), Republic of the PhilIppines, Office of the President, vol. VII, p. 312. 2083 PAGENO="0682" 2084 ~ LAWS AND TREATIES OF THE WORLD (g) "Air commerce" means and includes aid transportation for pay or hire, the navigation of aircraft in furtherance of a business, or the navigation of aircraft from one place to another for operation in the conduct of a business. (Ii) "Air transportation means service or carriage of persons, piopelty. or mail, in whole or in part, by aircraft. (i) "Aircraft" means any contrivance now known or hereafter invested, used. or designe(l for navigation of, or flight in, the air. (j) "Aircraft engine" nieans an engine used or intended to be used for propulsioli of aircraft and includes all parts, appurtenances, and accessories thereof other than pi'opellers. (k~ "Aircraft radio station" means a radio station on board any aircraft. (1) "Airmen" means any individual who engages, as the person in (ommanci or as pilot, mechanic, flight radio operator or member of the crew, in the navigation of aircraft while under way, and any individ- ital who is directly in charge of inspection, maintenance, overhauling or repair of aircraft, aircraft engine, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher or air- traffic control operator. (m) "Air navigation facility" means any facility used in, available for use in or designed for use in, aid of air navigation, including areas, lights, any apparatus or equipment for disseminating weather infor- niation, for signalling, for radio-directional finding, or for radio or (thel' electrical communication, and any other structure or mechanism having a similar ~~urpose for guiding or controlling flight in the air or the landing and take-off of aircraft. (n) "Airway" means a path thru the navigable air space identified by an area of specified width on the surface of the earth designated or approved by the Administrator as suitable for air commerce or air transportation. (o) "Airworthiness" means that an aircraft, its engines, propellers, and other components and accessories, are of proper design and con- struct ion, and are safe for air navigation purposes, such design and construction being consistent with accepted engineering practice and in accordance with aerodynamic laws and aircraft. science. (p) "Appliances" means instruments, equipments, apparatus, parts, appurtenances, or accessories, of whatever description, which are used or are capable of being or intended to be used in the navigation, oper- ation, or control of aircraft in flight (including parachutes and corn- inunication equipment and any other mechanism or mechanisms in- stalled in or attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft engines or propellers. (q) "Board" means the Civil Aeronautics Board. (r) "Citizen of the Philippines" means (a) an individual who is a citizen of the Philippines, or (b) a partnership of which each member such an individual, or (c) a corporation or association created or ccganized under the laws of the Philippines, of which the directing head and two-thirds or more of the Board of Directors and other managing officers are citizens of the Philippines, and in which sixty p~' c~'i~tuin of the voting interest is owned or controlled by persons who ~ir~ citizens of the Philippines. (s) "Civil Aircraft" means any aircraft other than a public aircraft. PAGENO="0683" All-I LAWS AND TREATIES OF THE WORLD 2085 (t) "Domestic air carrier" means an air carrier who is a citizen of the Philippines: Provided, That an aircarrier who is not a citizen of the Philippines but who may be allowed to engage in domestic and/or foreign air transportation, or domestic and/or foreign air commerce, in accordance with the provisions of section twelve, Chapter IV of this Act, shall, to all intents and purposes, be classified as a domestic air carrier. (u) "Domestic air commerce" means and includes air commerce within the limits of the Philippine territory. (v) "Domestic air transportation" means air transportation within the limits of the Philippine territory. (w) "Flight radio operator" means and includes a member of the operating crew of aircraft who is granted a radio operator's license by the Civil Aeronautics Administrator to operate aircraft radio stations. (x) "Foreign air. carrier" means an air carrier who is not a citizen of the Philippines, and/or an air carrier other than a domestic air carrier. (y) "Foreign air commerce" means and includes air commerce be- tween the Philippines and any place outside it. (z) "Foreign air transportation" means air transportation between the Philippines and any place outside it, or wholly out-side the Phil- i ppines. (ak) "Landing field" means any locality, either on wa.ter or on land, which is adapted for landing and taking-off of aircraft located along an airway and is intermediate to airports connected by the airway, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo. (bb) "Mail" means Philippine mail or foreign-transit mail. (cc) "Navigation of aircraft" or "navigate aircraft" includes the piloting of aircraft. (dd) "Navigable air space" means air space above, the minimum altitude of flight prescribed by regulations issued under this Act. (ee) "Permit" means Certificate of Public Convenience and Neces- sity. (if) "Person" means any individual, firm, copartnership, corpora- tion, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (gg) "Propeller" includes all parts, appurtenances and accessories thereof. (hh) "Public aircraft" means an aircraft. used exclusively in the service of the National Government~ of the Republic of the Philip- pines or of any political subdivision or instrumentality thereof, but not including any government-owned aircraft. engaged in air commerce. (ii) "Reasonable charges" are those which insure just and reason- able return on the capital invested, taking into consideration the cost of construction, operation and maintenance and non-aeronautical rev- enue of the air navigation facility affected; which shall be uniform. SEC. 4. Declaration of policies.-In the exercise and performance of its powers and duties under this Act, the Civil Aeronautics Board and the Civil Aeronautics Administrator shall consider the. following PAGENO="0684" 2086 AII~ LAWS AXD TREATIES OF THE WORLD among other things. as being in the public interest, and in accordance with the public convenience and necessity: (a) The development and utilization of the air potential of the Philippines. (h) The encouragement and development of an air transportation system properly adapted to the present and future of foreign and domestic commerce of the Philippines, of the Postal Service, and of the National Defense: (c) The regulation of air transportation in such manner as to rec- ognize and preserve the inherent advantages of, assure the highest degree of safety in and foster sound economic conditionsin such trans- portation, and to improve tbe relations between, and coordinate trans- portation by, air carriers; (d) The promotion of adequate, economical and efficient service by air carriers at reasonable charges. without unjust discriminations, un- due preferences or advantages, or unfair or destructive competitive prax't ices: (e) Competition be.twe~n air carriers to the extent necessary to assure the sound development of an air transportation system prop- erly adapted to the iiced of the foreign and domestic commerce of the Phiiippines~ of the Postal Service, and of the. National De- fense: (f) To promote safety of flight in air commerce in the Philippines; and (g:~ The encouragement and development of civil areonautics. CHAPTER iII.-CIVIL AERONAtTTTCS BOARD SEC. ~. Composition of the Board.-The Aeronautics Board shall he composed of the Secretary of Commerce and Industry as Chairman, the Civil Aeronautics Administrator, the Commanding Officer of the Philippine Air Force, and two other members to be appointed by the President of the Philippines. They shall hold office at the pleasure of the President and shall be entitled to per diem for each meeting actually attended by them in such amount as may be fixed by the President. In case of absence or incapacity of the secretary of Com- merce and Industry, the Civil Aeronautics Administrator shall act as Chairman. In case of the Under Secretary of Commerce and Industry and/or Deputy Administrator act in the stead of the Secretary of Com- merce and Industry and/or Administrator, respectively, they shall hold office and be entitled to per diem for each meeting actually at- tended by them in the Civil Aeronautics Board. No member of the Board shall have any pecuniary interest, in, or own any stock or bond of, any civil aeronautics enterprise. SEC. 6. Principal office and quorum.-The Board shall have its prin- cipal office in the City of Manila and may hold hearings on any pro- ceedings at such time and places within the Philippines as it may provide by order in writing. The Chairman a.nd two members of the. Board shall constitute a quorum to transact business. A major- itv vote of the members constituting a quorum. shall be necessary for a va1~d and enforceable decision or order by the Board. A tie vote shafl be referred to the President of the Philippines for decision. PAGENO="0685" AIR LAWS AND TREATIES OF THE WORLD 2087 SEC. 7. Permanent personnel.-The Board shall have a permanent Se.cretary, who shall be a member of the Philippine bar, with com- pensation at. five thousand one hundred pesos per a.nn~m. He shall record all proceedings of the Board, take charge. of and keep all its papers, and perform such other duties as may be prescribed by the Board in connection with its proceedings or papers. The Board shall also have a permanent stenographer with compensation at two thou- sand four hundred pesos per annum and such other employees and per- sonnel as the Board may deem necessary in exercising and performing its powers and duties. SF~c. 8. Temporary personnel.-The Board may, with the approval of the President of the Philippines, engage for temporary service such duly qualified consulting engineers and agencies or other qualified persons as are necessary, and fix the compensation of such engineers, agencies, or persons without regard to civil service rules and regu- lat ions. SEC. 9. Annual Report.-The Board shall make an annual report to the President which shall contain such information and data collected by the Board as may be considered of value in the determination of questions connected with the development of civil aeronautics, together with such recommendations as to additional legislation relating thereto as the Board may deem necessary. SEc. 10. Powers andduties of the Board.-(A) Except as otherwise provided herein, the Board shall have, the power to regulate the eco- nomic aspect of air transportation, and shall have the general super- vision and regulation of, and jurisdiction and control over, air carriers as well as t.heir property, property rights, equipment, facilities, and franchise, is so far as may be necessary for the purpose of carrying out the provisions of this act.. (B) The Board may perform such acts, conduct such investiga- tions, issue and amend such orders, and make and amend such general or special rules, regulations, and procedures as it shall deem neces- sary to carry out. t.he provisions of t.his Act. (C) The Board shall have the following specific powers and duties: (1) In accordance with the provisions of Chapter IV of this Act, to issue, deny, amend, revise, alter, modify, cancel, suspend, or revoke, in whole or in part, upon petition, or complaint, or upon its own initiative, any temporary operating permit or cer- tificate of Public Convenience and Necessity: Provided, however, That in the case of foreign air carriers, the permit shall be issued with the approval of the President of the Republic of the Philip- pines. (2) To fix and determine reasonable individual, joint or special rates, charges or fares which an air carrier may demand, collect or receive for any service in connection with air commerce, the Board may adopt any original. aniended~ or new individual, Ioint. or special rates, charges or fares proposed by an air carrier if the proposed individual joint, or special rates, charges or fares are not unduly preferential or unduly discriminatory or unreason- able.. The burden of proof to show that the proposed individual, joint or special rates, charges or fares are just and reasonable shall be upon the air carrier proposing the same. PAGENO="0686" 2088 AIR LAWS AND TREATIES OF THE WORLD In fixing rates. charges. or fares under the provisions of this Act, the Board shall take into considerations, among other factors: (a) The effect of such rates upon the movement of traffic; (b) The need in the public interest of adequate and efficlent trans- portation of persons and property by air carriers at. the lowest cost consistent with the furnishing of such service; (c) Such standards respecting the character and quality of service to be rendered by air carriers as may be prescribed by or pursuant to law: (d) The inherent advantages of transportation by aircraft; and (e) The need of each air carrier for revenue sufficient to enable such air carrier, under honest, economical, and efficient management, to provide adequate and efficient. air carrier service. (3) To authorize charters whether domestic or international and special air services or flight heretofore exercised by the Department of Commerce and Industry under Commonwealth Act Numbered Ninety-seven under such terms and conditions as in its judgment t.he public, interest requires. (4) To approve or disapprove increases of capital, sale or equip- ment, of an air carrier engaged in air commerce, consolidation, merger, purchase, lease, operating contract or acquisition and control between domestic air carriers: or between domestic. air carriers and foreign air carriers: or between domestic air carriers and any person engaged in any phase of aeronautics. (5) To inquire onto the management of the business of any air carrier and, to the extent reasonably necessary for such inquiry, to obtain from such carrier, and from any person controlling, or con- trolled by, or under common control w-ith, such air carrier, full and complete reports and other information. Such reports shall be under oath whenever the Board so requires. (6) To require annual, monthly, periodical, and special reports from any air carrier, to prescribe the manner and form in which such reports shall he made, and to require from any carrier specific answers to all questions upon which the Board may deem information to be necessary. Such report shall be under oath whenever the Board so requires. The Board may also require any air carrier to file with it any contract, agreement, understanding or arrangement, or a true copy thereof, between such air carrier and any other carrier or person, in relation to any traffic affected by the provisions of this Act. (7) To prescribe the forms of any and all accounts, records, and memoranda of the movement of traffic,, as well as of the receipt and expenditures of money, and the length of time such accounts, records and memoranda shall be preserved: Provided, That any air carrier may keep additional accounts, records or memoranda if they do not impair the integrity of the accounts, records, or memoranda prescribed or approved by the board and do not constitute an undue financial burden on such air carrier. (8) To require each officer and director of any air c.arrier to trans- mit a~ report. describing the shares or stock or othe.r interest held by suc.h air carrier with any persons engaged in any phase of aeronautics, and the holding of the stock in the control of, other persons engaged in any phase of aeronautics. PAGENO="0687" AIR LAWS AND TREATIES OF THE WORLD 2089 (D) The Board may investigate, upon complaint or upon its own initiative, whether any individual or air carrier, domestic or foreign, is violating any provisions of this Act, or the rules and regulations issued thereunder, and shall take such action, consistent with the pro- visions of this Act, as may be necessary to prevent further violation of such provision, or rules and regulations so issued. (E) The Board may issue subpoena or subpoena duces tecum, re- quire the attendance and testimony of witnesses in any matter or in- quiry sending before the Board or its duly authorized representa- tive, and require the production of hooks, papers, tariffs, con- tracts, agreements and all other documents submitted for purposes of this section to be under oath and verified by the person in custody thereof as to the truth and correctness of data appearing in such books, papers, tariffs, contracts, agreements and all other documents. (F) The Board may review, revise, reverse, modify, or affirm on appeal any administrative decision or order of the Administrator on matters pertaining to: (1) Grounding of airmen and aircraft: or (2) Revocation of any certificate or the denial by the Admini- strator of issuance of any certificate: or (3) Imposition of civil penalty of fine in connection with the violation of any provision of this Act or rules and regulations issued thereunder. (G) The Board shall have the power, either on its own initiative or upon review on appeal form an order or decision of the Administrator, to determine whether to impose, remit, mitigate, increase, or com- promise, such fines and civil penalties as the case may be. (H) (1) The Civil Aeronautics Board shall be advised of, and shall consult with the Department of Foreign Affairs concerning the negotiation of any air agreement with foreign governments for the promotion, establishment, or development of foreign air transporta- tion. (2) In exercising and performing its powers and duties under the provisions of this Act, the Civil Aeronautics Board shall take into consideration the obligation assumed by the Republic of the Philip- pines in any treaty, convention or agreement with foreign countries on matters affecting civil aviation. ChAPTER IV.-CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY SEC. 11. Nature, terms, and conditions.-Certificate of Public Con- venience and Necessity is a permit issued by the Board authorizing a person to engaged in air commerce and/or air transportation, foreign and/or domestic. Any permit may be altered, amended, modified, suspended, can- celled or revoked by the. Board in whole or in part, upon complaint or petition or upon the Board's initiative as hereinafter provided, whenever the Board finds such action to be in the public interest. There shall be attached to the~ exercise of the privileges granted by the permit, or amendment thereto, such reasonable terms, conditions or limitations as, in the judgment of the Board, the public interest may require. PAGENO="0688" 2090 AIR LAWS AXD TREATIES OF THE WORLD No permit sha1l confer any proprietary, property, or exclusive right in the use of any air space, civil airway, landing area or government air-navigation facility. The permit shall, among others specify the terminal and intermedi- ate. points, if any, between which the air carrier is authorized to oper- ate, t.he service to be rendered, the time of arrival and departure at eac.h point, and the frequency of flights: Provided, That no change in routes, rates, schedules, or frequency nor supplemental or additional flights to those covered by an Air Commerce Permit or franchise shall be affected without. prior approval of the Civil Aeronautics Board. Insofar as the operation is to take place without. the Philippines, the permit shall designate the terminal and intermediate points only in- sofar as the Board shall deem practicable, and otherwise shall desig- nate only the general route or routes to be followed. No carrier shall abandon any route, or part thereof for which a permit has been issued, unless upon findings by the Civil Aeronautics Board that such an abondenment. is uneconomical and is in the public interest. SEC. 12. Citizenship requirement.-Except as otherwise provided in the Constitution and existing treaty or treaties, permit authorizing a person to engage in domestic air commerce and/or air transportation shall be issued only to citizens of the Philippines. SEC. 13. Conduct of proceedings.-The Board shall conduct its pro- ceedings in such manner as will be conducive, to the proper dispatch of business and to the ends of justice. All hearings and investigations before. the Civil Aeronautics Board shall be governed by the rules of procedure adopted by the Board, and in the conduct thereof the Board shall not be bound by t.he technical rules of evidence. SEC. 14. I)elegation of authority to conduct hearings.-The Board may designate in writing any of its members or any of its officers to conduct hearings and investigations on any matter pending before t.he Board and for that purpose the person so designated shall have au- thoritv to administer oaths, issue subpoena and subpoena duces tecum, require. the attendance and testimony of witnesses, examine witnesses, make ocular inspection of or enter into any airline establishment, building. place or premise in the performance of its official business. SEC. 15. Application for permit.-Application for permit shall be made to the Board in writing and shall be verified. Said application shall be in such form, shall contain such information, and shall be accompanied by such proof of service upon such interested persons as the Board shall by regulation require. SEC. 16. Notice.-IJpon the filing of any such application, the Board shall give due. notice thereof: (1') to the public, by posting a notice of such application in the Office of the Civil Aeronautics Board and by publication once a week for three consecutive weeks, at the ex- pense of the application, in a newspaper of general circulation, and (2) to such other persons as the Board may by regulation det.erm1ne: Provided, hou'evei', That notice of publication may be dispensed with by the Board whenever, in its judgment, the public interest so requires. Any interested person may file with the Board a memorandum in sup- port of, or in opposition to. the issuance of the permit. SEC. 17. Time and place of meeting.-Wit.hin a week after the last publication of the. application as provided in section 16 of this Act, PAGENO="0689" AlE LAWS AND TEEATILS OF THE \VOELD 2091 the Board or its duly designated representative shall set. the time and the place for the meeting of the parties interested in said application or their attorneys, and shall notify said parties or their attorneys in writing to appear: Provided. That, if publication has been dispensed with, the Board shall immediately set the time and place for the meet.- ing of the parties. SEC. 18. Non-appearance.-If a party interested in the application fails to appear or if no party appears at the designated time and place, the Board or its duly designated representative may proceed ex parte or, in his discretion adjourn the proceeding for a future date, giving notice to the absent party or parties of the adjournment. SEC. 19. Depositions.-The Board or its duly designated repre- sentatives may, in any investigation or hearing, by order in writing, cause the depositions of witnesses residing within or without the Philippines to be taken in the manner prescribed by the Rules of Court. Witnesses whose depositions are necessary shall be entitled to mile- age fees at the same rates as those allowed in t.he Courts of First Insta flee. SEC. 20. Hearings and records of proceedings.-Hearings on all ap- plications shall be open to the public unless the Board shall determine otherwise for reasons of national security. Proceedings shall be recorded in such form and manner as may be determined by the Board and the record of proceedings shall become part of the records of the. application. SEC. 21. Issuance of permit.-The Board shall issue a permit author- izing the whole or any part of the service covered by the application, if it finds: (1) that the applicant, is not willing and able to perform such service properly in conformity with the provisions of this act and the rules, regulations, and requirement issued thereunder, and (2) that such service is required by the public convenience and necessity, otherwise t.he applicat ion shall be denied. SEc. 22. Modification, suspension or revocat.ion.-The Board, upon petition or complaint or upon it.s own initiative, may, by order entered after notice and opportunity for hearing, alter, amend, modify or sus- pend any permit, in whole or in part., if public convenience and neces- sit.y so require, or may revoke any permit., in whole or in part. for intentional failure to comply with any provision of this Act or any order, rule or regulation issued thereunder, or any term condition or limitation of such permit: Provided, That the Board, for good cause, may, by order without notice and hearing suspend, for a. period not. to exceed thirty days, any permit or the exercise or any privilege or aut.horit.y issued or granted under this Act whenever such step shall, in the judgment of t.he Board, be necessary to avoid serious or irre- parable damage or inconvenience to the public. Any interested per- son may file with the Board a protest or memorandum in support of or in opposition to the. alteration, amendment, rnodifkat nfl, suspension or revocation of any permit. Snc. 23. Transfer of periiiit.-No permit may be t.ransf~.rred u:ie.s~ such transfer is approved b~ the Board as being consistent with the public interest. SEc. 24. Effective date and duration of per~nit.-Each permit shall be effective from the. date specified therein and shall continue 39-737 O--C5-voi. 11---- .44 PAGENO="0690" 2092 AIR LAWS AND TREATIES OF THE WORLD CHAPTER V .-CIVIL AERONAUTICS ADMINISTRATION SEC. 25. Organization of the Civil Aeronautics Administration.- The Civil Aeronautics Administration shall be under the administra- tive supervision and control of the Department of Commerce and In- dustry. The, Civil Aeronautics Administration shall have one chief and one deputy chief who shall be known as "Administrator" and "Deputy Administrator," respectively. SEC. 26. The Civil Aeronautics Administrator.-The Administrator shall be appointed by the. President of the Philippines with the con- sent. of the commission on Appointments, and shall receive an annual basic salary of seven thousand two hundred pesos and, subject to the approval of the President. additional salary of one thousand eight hundred pesos pei~ crum'nl. lie shall be the administrative head of the Civil Aeronautics Administration and shall possess the powers generally conferred upon bureau heads. He shall administer all laws relating to civil aviation in the Philippines. He shall submit in writ- ing to the Department head annually or oftener as may be required, reports of the activities and transactions of his office. SEC. 21. The Deputy Administ.rator.-The Deputy Administrator shall be appointed by the President with the consent of the Commis- sion on Appointments. He shall receive an annual basic salary of six thousand pesos. SEC. 28. Authority of the Officers of the Civil Aeronautics Admin- istrat ion to administer oat hs.-Besides t.he Administrator, the Deputy Administrator, chief of the divisions, and duly designated members of the examining and investigating committees of the Civil Aero- nautics Administration shall have authority to administer oaths in the transaction of official business. SEC. 29. Permanent divisions.-The Civil Aeronautics Administra- tion shall have such permanent divisions as may be determined by Administrative regulations or office orders duly approved by the See- retarv of Commerce and Industry, which shall likewise determine the rate of compensation for the chiefs of division and their subordinate personnel, as well as other matters of detail concerning organization. SEC. 30. Officials and employees.-Upon recommendation of the Administrator, such officers, assistants and employees as may be nec- essarv for the pI'oper functioning of the. Civil Aeronautics Adminis- tration shall be appointed by the Secretary of Commerce and Industry. The Administrator may assign within the limits of available funds, officers, assistants, and other personnel for study and training abroad. All rated and/or licensed airmen and such other authorized per- sonnel of the Civil Aeronautics Board and/or Civil Aeronautics Ad- ministration who may be. required to undertake or perform regular in effect until suspended or revoked or until the Board shall certify that operation thereunder has ceased: Provided, That if any service authorized by a permit is not inaugurated within a. period of ninety days after the date of authorization as shall be fixed by the Board or after such other period as may be designated by t.he Board, the Board may by order direct that such permit shall thereupon cease to be ef- fect.ive to the extent of such service: Provided, further, That no permit shall be issued for a period of more than twenty-five (25) years. PAGENO="0691" AIR LAWS A~\D TRF:ATIEs OF THE WORLD 2093 and frequent aerial flight in connection with their duties, shall at the discretion of the head of the office receive an increase in compensation equivalent, to fifty per centuim of their respective base pay: Pro v~ded, however, That the total flying hours per month shall not be less than four hours. Whenever the Administrator shall require the personnel of the Civil Aeronautics Administration to work beyond the usual office hours, the employees concerned shall in all cases be entitled to receive, as addi- tional compensation for the overtime work performed, at least twenty- five per centum of their regular salaries. SEC. 31. Temporary personnel.-The Administrator may, with the approval of the President, engage for temporary service such duly qualified consulting experts or other qualified persons as he may find necessary, and fix their compensation. SEC. 32. Powers and Duties of the Administrator.-Subject to the general control and supervision of the Department Head, the Admin- istrat.or shall have among others, the following powers and duties: (1) To carry out the purposes and policies established in this Act; to e.nforce the provisions of, the rules and regulations issued in pur- suance to, said Act, and he shall primarily be vested with authority to take charge of the technical and operational phase of civil aviation matters. (2) To designate and establish civil airways, and to acquire, con- trol, operate and maintain along such airways, air navigation facili- ties and to chart. such airways and arrange for their publication in- cluding the aeronautical charts or maps required by the international aeronautical agencies by utilizing the equipment, supplies or assist- ance of existing agencies of the government as far as practicable. (3) To issue airman's certificate specifying the capacity in which the holder thereof is a.uthorized to serve as ainnan in connection with aircraft and shall be issued only upon the finding that the applicant is properly qualified and physically able to perform the duties of the position. The certificate shall contain such terms, conditions and limitations as the Administ.rator may determine to be necessary to assure safety in air commerce: Provided, however, That the airman's license shall be issued only to qualified persons who are. citizens of the Philippines or qualified citizens of countries granting similar rights and privileges to cit ize.ns of the Philippines. (4) To issue airworthiness certificate for aircraft, which shall pre- scribe the duration of such certificate, the type of service for which the aircraft may be used, and such other terms and conditions and limitations as are required. (5) To issue air carrier operating certificate and to establish mini- mum safety standards for the operation of the air carrier to whom such certificate is issued. The air carrier operating certificate shall be issued only to aircrafts registered under the provisions of this Act.. (6) To issue type certificate for aircraft, aircraft engine~ propellers and appliances. (7) To inspect, classify and rate. any air navigation facilities and aerodrornes available for the use of aircraft as to its suitability for such use and to issue a certificate for such air navigation facility and aerodrome and to determine the suitability of foreign aerodromes, PAGENO="0692" 2094 AlE LA\VS \~\L TRI:~TIE5 OF THE WORLD and navigation facilities tts well as air routes to be us~. prior ~o the operation of `Philippine registered aircraft in foreign air transporta- tion and from time to time thereafter as may be required in the interest of safety in air commerce. - (8) To issue certificates for persons or civil aviation schools giving instruction in flying, repair stations, and other air agencies and pro- vide. for the examination and rating thereof. (9) To promulgate rules and regulations as may be necessary in the interest of safety in air commerce pertaining to the issuance of the airman's certificate including licensing of operating and mechanical personnel, type certificate. for aircraft, aircraft engines, propellers and appliances, airworthiness certificate, air carrier operating certifi- eate, air agency certificate, navigation facility and aerodrome certifi- cate, air traffic routes, radio a.nd aeronautical telecommunications and air navigation aids, aircraft accident. inquiry, aerodro~vies, both public and private owned: construction of obstructions to aerodromes; regis- tration of aircraft; search and rescue, facilitation of air transport; operat.ions of aircraft., both for domestic and international, including scheduled and non-scheduled; meteorology in relation to civil avia- tion; rules of the air; air traffic services; rules for prevention of collision of aircra.ft.: identification of aircraft, rules for safe altitudes of flight; and such other rules, regulations, standards, governing other practices, methods, procedures as the Administrator may find neces- sary and appropriate to provide adequalely for safet regularity and efiicienc.v in air commerce and air navigation. (10) To provide for the enforcement of the rules and regulations issued iindei the provisions of this Act. and to conduct investigations for violations thereto. In undertaking such investigation, to require e~ sub/)oene or .~nbpoene deces tectirn, the attendance and testimony of witness, the production of books, papers, documents, exhibits matter, evidence, or the taking of depositions before any person authorized to administer oath. Refusal to submit to the reasonable requirements of the investiga.tion committee shall be punishable in accordance with the provisions of this Act.. (11) To investigate. accidents involving aircraft and report to the Civil Aeronautics Board the facts, conditions and circumstances re- lating to the accidents and the probable cause thereof; and to make such recommendations t.o the Civil Aeronautics Board as may tend to prevent similar accidents in the future: Provided. That when any accident. has resulted in serious or fatal injury t.he Civil Aeronautics Board shall make public such report and recommendations; And pro- i'?ded. ftirtller, That rio report on any accident or any statement made during any investigation or during hearing relative to such accident may be admitted as evidence or used for any purpose in any civil suit rowing out of any matter revealed w-ithin any such report., statement, invest~gat~on or hearing. (i~i To collect and disseminate information relative to civil aero- ~aut~z and the deve1~pme:lt of air commerce and the aeronautical in- dnatrv: to exchange. wit.h foreign governments, information pertain- ing to i'ivil aeronaut i~s: and to provide, for direct eomrriunication all matters relating to the technical or operational phase of aeronautics with international aeronautical agencies. PAGENO="0693" .~ T.\W5 A~D TP~ ~TiE fl~' TP~ WenLn 2095 (13) To acquire and operate such aircraft as may be necessary to execute the duties and functions as the Civil Aeronautics Administra- ti on prescribed in this Act. (14) To plan. design, acquire, establish, construct, operate, improve, maintain, and repair necessary aerodromes and other air navigation facilities. (15) To impose and fix, except. those rne.ntioned in section forty; paragraph twenty-five and hereinafter provided. reasonabla c.har~es and fees for the use of government. aerodromes or air navigation facilities; for services rendered by the Civil Aeronautics Administra- tion in the rating of any aerodrome of air navigation facilities, civil aviation school and instructions, aircraft repair stations, and aircraft radio and aeronautical telecommunications stations. To collect and receive charges and fees for the registration of aircraft and for the issuance and/or renewal of licenses or certificates for aircraft., aircraft engines, propellers and appliances and airmen as provided in this Act. (16) To fix the reasonable c.ha.rges to be imposed in the use of pri- va.t.ely owned air navigation facilities and aerodromes. (17) To impose fines and/or civil penalties and make compromises in respect thereto. (18) To adopt. a system for registration of aircraft as hereinafter provided. (19) To participate actively with the. largest possible degree in the development of international standardization of practices in aviation matters important. to safe., expedithus. a~id easy navigation, and to implement as far as practicable the international standards, reco'n- mended practices, and policies adopted by appropriate international aeronautical agenci~. (`20) To exercise and perform its powers and duties under this Act consistent with any obligation assumed by the Republic. of the Philip- pines in any treaty, convention or agreement. on civil aviation matters. (21) To cooperate, assist. and coordinate with, any research aiid technical agency of the Government on matters relating to research and technical studies on design, materials, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances and air navigation facilities including aircraft fuel and oil: Provided, That nothing in this Act. shall be construed to authorize t.he duplication of the. laboratory res~a.rch, activities or tech- nic.al studies of any existing governmental a.genuy. (22) To designate such prohibited and danger areas, in consonance with the requirements of the international aeronautical agencies and national security. (23) To issue, deny, cancel or revoke any certificate, permit. or ii- cense. pertainIng to aircraft, airmen, and all agencies: Prodded, That any order denying, cancelling, revoking the certificate. permit or Ii- cerise may be appealed to the Civil Aeronautics Board, whose de- c.isions shall be final, within fifteen days from the date of notification of such denial, cancellation or revocation. (24) To administer, operate, manage, control, maintain and de- v~lop the Ma.n~la International Airport and aU government-owned aerodromes except. tliosc controlled or op?ra ted by tiie Armed Forces of the Philippines, including such powers and dntie.s as: (a) to plan, deaign, construct, equip, expand, improve, rerair or alter aerodrornes PAGENO="0694" 2096 AIR LAWS AND TREATIES OF THE WORLD or such structures, improvements, or air navigation facilities; (b) to enter into, make and execute contracts of any kind with any person, firm, or public or private corporation or entity; (c) to acquire, hold, purchase, or lease any personal or real property, right of ways, and easements which may be proper or necessary: Provided, That no real property thus acquired and any other real property of the Civil Aero- nautics Administration shall be sold without, the approval of the President of the Philippines: (d) to grant to any person, such con- cession or concession rights on space or property within or upon the aerodrome for purposes essential or appropriate, to the operation of the aerodrome upon such terms and conditions as the Administrator may deem proper: Pro cided. /lou'evel'. That the exclusive use of any landing strip or runway within the aerodrome shall not be granted to any person; (e) to determine the types of aircraft that may be al- lowed to use any of the aerodromes under its management and con- trol in the interest of public safety; (f) to prescribe, adopt, establish a.nd enforce such rules and regulations consistent. with existing laws, rules and regulations, as may be necessary for the safety, health and welfare of the. public within the aerodrome. (25) To determine, fix, impose, collect. and receive landing fees, parking space fees, royalties on sales or deliveries, direct or indirect, to any aircraft for its use of aviation gasoline, oil and lubricants, spare parts, accessories, and supplies, tools, other royalties, fees or rentals for the use of any of the property under its management and control. As used in this sub-section: (1) "Landing fees" refer to all charges for the use of any landing strip or runway by any aircraft. landing or taking off at an aerodrome. (2) "Terminal fees" refer to charges for parking at or near the ramp, terminal area, or building, for purposes of loading or unloading passengers and/or cargo. (3) "Royalties" refer to all charges based on gross business or sales, or gross or net profit. (4) ~upplies" include any and all items of whatever nature or description which may be necessary for, or incidental to, the operation of an aircraft. (26) To grant permit to civil aircraft. or persons to carry instru- ment. or photographic device to be used for aerial photography or taking of pictures by photograph or sketching of any part of the Philippines. SEC. 33. The Civil Aeronautics Administration shall make an an- nual report on the Department. Head which shall contain such infor- mation and data. as may be considered of value in the development of civil aeronautics and such recommendation as to additional legis- lation of civil aeronautics as may be deemed necessary. CHAFrER vI.-REGIsTRA'rroN A ND RECORD SEC. 34. Eligibility for registration.-Except as otherwise provided in the Constitution and existing treaty or treaties, no aircraft shall be eligible for registration unless it is owned by a citizen or citizens of the Philippines and is not registered under the laws of any foreign country. PAGENO="0695" AlE LAWS AND TIIEATTES OF THE WOELD 2097 Such certificate shall be conclusive evidence of nationality for in- teriiational purposes, but not iii any proceedings under the laws of the Republic of the Philippines. The certificate of registration is conclusive evidence of ownership, except in a proceeding where such ownership is, or may be, at issue. SEC. 35. Application for aircraft registration.-Applications for certificate of registration shall be made in writing, signed and sworn to be the owner of any aircraft eligible for registration. The applica- tion shall also state: (1) the date and place of filing; (2) the specifica- tion, construction, and technical description of the aircraft, and (3) such other information as may be required by the Administrator in such manner and form as the Administrator may by regulations prescribe. SEC. 36. Issuance of certificate of registration.-Should the Ad- ministrator, upon considering the application for registration, find the aircraft eligible for registration, such aircraft shall be registered by the Administrator, and the Administrator shall issue to the owner thereof a certificate of registration. SEC. 37. Revocation.-Any certificate or registration may be re- voked by the Administrator for any course which renders the air- craft ineligible for registration. SEC. 38. Conveyance to be recorded.-No conveyance made or ex- ecuted, which affects the title to, or interest in, any civil aircraft of Philippine registry, or any portion thereof shall he valid in respect to such aircraft or portion thereof against any person other than the person by whom the conveyance is made or executed, his heirs, assignees, executors, administrators, devisees, or successors, in interest, and any person having actual notice thereof, until such conveyance is recorded in the Office of the Civil Aeronautics Administration. Every such conveyance so recorded in the Civil Aeronautics Admin- istration shall be valid as against all persons. Any instrument, re- cording of which is required by the provisions of this Act., shall take effect from the date of its record in the books of the Civil Aero- nautics Administration, and not from the date of its execution. SEC. 39. Form of conveyance.-No conveyance may be recorded under the provisions of this Act. unless it complies wit.h the require- ments for the registration of documents affecting land. The con- veyance to be recorded shall also state: (1) the interest in the air- craft of the person by whom SUCh conveyance is made or executed or, in the case of a. contract of conditional sale, the interest of the vendor; and (2) the inte.rest transferred by the conveyance. SEC. 40. Method of recording.-The Administrator shall record conveyances delivered to it in t.he order of their rec.eipt, in files kept for that purpose, indexed to show: (a) the identifying description of the aircraft; (b) the means of the parties to the conveyance; (c) the date of the instrument and the date and time it is recorded; (d) the interest in the aircraft transferred by the conveyance; (e) if such conveyance is made as security for indebtedness, the amount and date of maturity of such indebtedness; and (f) all particular estates, mortgages, liens, leases, orders, and other encumbrances and all decrees, instruments, attachments, PAGENO="0696" ~O98 ATE L\W-~ A"J[) TREATIES OF THE WORLD or entries affecting aircraft and other matters properly deter- mined under this Act. Sv~. 41. Previously unrecorded ownership.-Applications for the Issilince or renewal of an airworthiness certificate for aircraft whose ownership has not~ been recorded as provided in this Act shall con- tain such information with respect to the ownership of the aircraft as the Administrator shall deem necessary to show who have property ~ut. ~csrs in such aircraft and the nature and extent of such interest. CHAPTER Vu-vIOLATION AND PENALTIES Src. 42. Specific penalt.ies.-(A) Any person engaging in air com- merce without a permit issued by the Board as provided in this Act shall be punished by a fine not exceeding five thousand pesos or h imprisonment for not more than one year, or both, in the dis- 2"e.t ion of the court: Pro i'ded, That a person engaging in air com- merce on the date of the approval of this Act may continue so to engage until such time as the Board shall pass upon an application for a permit for such service, which application must be filed, as pro- vided in Chapter IV of this Act, within one hundred and twenty dcv~ after the approval of this Act. (1~ Any air carrier violating any of the terms, conditions or Timltations contained in any permit or amendment thereto shall be purc~shed by a fine not exceeding one thousand pesos for each vio- An~ an carrier violating any order, rule or regulation issued he Board shall be punished by a fine not exceeding one thousand pe~a~ ~r each violation. ~ The following acts shall subject any air carrier to a fine not cxcecd~ c one thousand pesos for each offense: 1) Discounts or rebates on authorized rates, fares and charges: ~2'~ Adopting rates, fares and charges which have been found or determined by the Board to be unjust, unreasonable, unduly preferential or unjustly discriminatory in a final order; or which hava not been re\iousl approved and authorized by the Board: 2') Issuing any free pass, free tickets or free or reduced ratca, fares or charges for passengers except to the following persons: a) officers, agents, ernplovee.s of the air carrier and their' immediate families: (b) witnesses and attorneys attend- any legal investigation into accidents or any legal investi- ~n which such air carrier is interested; (c) persons in- ~~ired in aircraft accidents and physicians and nurses attending ~uch ~;ersons; (d) member of the Board; (c) officers and person- nel of the Civil Aeronautics Administration whe.n traveling on official business upon the exhibition of their credentials; (f) mem- bers of Congress of the Philippines; and (g) such other per- sons duly approved by the Board. E) Any person who operates any civil aircraft in violation of a ~ rule. re~ulation or order issued by the Administrator relating ccroriautica.T safety standards or practices or procedures shall be Tu)n~sLt~d by a fine not exceeclin~ five thousand pesos or by imprison- ment fer not more than one ye.ar, or both, in the discretion of the couri, PAGENO="0697" AiR ~ AN]) 1 i~EAJi~ OF TUF ~VuIflr 2u99 (Ii') Any person who, \~iLliOii uhe pievious appruc Ti c~ Aeronauti~s Board, effects any consoljdatjnn, m~.gei, ~iTJ d~-P. operating contract or acquisition and control between domestic air carriers, or between domestic air carrier and foreign air carriers, or between domestic air carriers and any person engage~! an,~ of aeronautics shall be punished by a fine of five thousand pen5 or ~y imprisonment~ for not. more than one year. or both, ~1io lirc ~cn of the court. (G) No person shall use an ~~nisniistered aircraft eligible for regis- tration under the orovisions of the Ant. Ann person hr onirates such aircraft~ shall be punjshed in a iiin~ e~~needìn~ tn pesos or by imprisomnent for not moie than six incanir-. n bo~.h. in the discretion of the court. (H) Any person serving in an capacity as an airman with any civil aircraft w~thont an airman certifrcate, Cr ;. vioiaid.ni ol the terms of tfl~ ~u ~ ~ ~ ~ate o i~ ~ ~f J r~ n ~. tifleate shall bepunished by a fine not e ~ tiv~ liiousands pesus. The repetition of this offense shall be suflicient cause for the revoea- tion of the airman's certificate. (I) Any person who eniplovs in connection ~ ith a' nivfl aircraft used in a~r commerce au airman who does rot love an ornian's icr- tifiate ai'fhorizi ug him tc~ ~er\r ~ to cc ployed, shall be punished by a fine not exceeding five thousand pesos A repetition of the offense shall be sufficient cause for re~ncation of the permit. (J) Any person who operate~. ann ciVli aircraft fo~ whirb rher~ is not currently in effect an airworthiness certificate. or iv ioiatic;n of the terms of such certificate shall be punished by a fine not exceeding five thousand pesos. The repetition of this offense shad oe sufficient cause for the revocation of th~ permit. (K) Any person who without previous anpro~ C I ann authorrzat~on o~ he Boa si~al1 adopr ~s tNi~ ii r ci don, alter. amend, deter, relnif. hsnon~ raic, ~ii nit, so re-tore a~~t class~ncat~oi~, rule or regu!atiou. or- practIce a~tes' ~r ~o ten. itiner- aries, schedules, classifications. increase or uecrea~e st fri'quency of flights, in any mar1ner whatsoever, siall be punished by a fine of five thousand pesos. The repetislOIl ot such offense shall be sufficient cause for revocation of the permit. ~ No ~. It S ial intii tert ~ c (te the C I Aeronautics Board or any person dul d~d~ r~cated by Brand n the performance of its duties in the pubi in nteres~. ~ bun not exceed iii~ five thousand pe-os snaP be rrnpo~c O~>'fl 811 t~~Or (1~ ~s hi ff~nt to in e t~i iii ~ ~ iei £ ~ ~ of the Board or any person rItilv deRgatel ov rise Board.. shall knowingly or willftii iv aiter. fa~ df. nv ~ Cii~ n-pci-.. cc- counts, records, books, pa1ers. contracts. a~reev eors, and all other docurnenni: or (2) shall knowiugiv arid will fully huil iv refuse - a to maRe and/or submit the books, contracts, tai-itmr. `on pans, inireelrLents, reports and all other W;nainents ren;ri'ed i-i Ifi nIOnln ted by hint for consider-it ion heforv rin- .~-1nr~ as! rats i lu~ :tuP rtrtLca-izt-d represen tad ye or before the F$oard . or P a- ctn-p on re~erve a-.'- counts, records, memoranda, books, reports, paers, and all other PAGENO="0698" 2100 AIJ~ LAW S AXD TREATIES OF THE WORLD documents required by the Administrator or his duly authorized representative, orb the Civil Aeronautics Board; or (3) is guilty of misconduct in the presence of the Board or so near the same as to obstruct or interrupt the hearing or ses- sion or any proceedings before the Board and/or the Admin- istrator or any representative duly authorized by them; or shall conduct himself in a rude or disorderly manner before the Ad- ministrator or his duly authorized representative or any member of the Board engaged in the discharge of official duty; or shall orally or in writing disrespectfully offend or insult any of the above-named bodies or persons on the occasion of or in the per- formance of their official duty or during any hearing, session, or investigation held by either the Board or Administrator or their duly designated representative; or (4) refuses to be sworn in as a witness or to answer as such when lawfully required to do so : P,'orkled, That, the Board or the Administrator or their duly authorized representative shall, if necessary, be entitled to the assistance of the municipal police for the execution of any order to compel a witness to be present or to testify or (5) without lawful justification or excuse, hinders, obstruct, or delays the Civil Aeronautics Board, the Administrator or their duly designated representative in the inspection or examination of the books and/or accounts of an air carrier for the purpose of ascertaining the~ correctness in any material part.icular of any report, papers. documents. books, contracts, agreements and/or other documents submitted by such air carrier, or for any other purpose deemed by the Board and/or the Civil Aeronautics Ad- ministration to be in accordance with the public interest; or ((3) neglects or refuses to attend and/or testify and/or to answer any Ia \vful inquiry or to l)ro(1uce books, papers, or docu- ments, if in his pow-er to do so, in obedience to the sub poe~a or lawful requirements of the Civil Aeronautics Board or the Civil Aeronautics Administration : or (7) testifies falsely or makes false affidavits or both before the Board or Civil Aeronautics Administration or any duly desig- nated representative of either. (M) No person shall interfere with air navigation. A fine not ex- ceeding five thousand pesos or imprisonment for not more than one year, or both, in the discretion of the court, shall be impressed upon any person who (1) with intent to interfere with air navigation within the Phihippines~ exhibits within the Philippines any light or signal at such place or in such manner that it is likely to be mistaken for a true light 01' signal established pursuant to this Act or for a true light or signal in connection with an airport or other air naviga- tion facility: or (2) after due warning by the Administrator, continues to maintain any misleading light or signal or (3) knowingly removes, extinguishes, or interferes with the operation of any true light or signal. (N) Any person, who shall knowingly and willfully forge, counter- feit, alter, or falsely make any certificate authorized to be issued un- PAGENO="0699" AIR LAWS AND TREATIES oF THE WORLD 2101 der this Act. or knowingly use or attempt to use any fraudulent cer- tificate shall be punished by a fine not exceeding five thousand pesos or imprisonment, for not more than one year, or both, iii the discre- tion of the court.. (0) For the purpose of carrying out the provisions of this section, the manager, or general manager or business manager, or person in charge of the business of the firm or corporation committing an un- lawful act shall be held personally liable. (P) The Administra.tor may file the necessary complaints for the imposition of the penalties provided by this Act. SEC. 43. General penalty.-Any violation of the provisions of this Act., or any order, rule or regulation issued t.hereunder, or any term, condition or limitation of any certificate or permit. issued under this Act for which no penalty is expressly provided shall be punished by a fine not exceeding five hundred pesos for eac.h violation. SEC. 44. Compromise regarding penalty.-The Civil Aeronautics Board may enter into compromise with respect. to any penalty of fine imposed by virtue of the provisions of this Ac.t. Failure to comply with the order or decision of the Board respecting such compromise shall be deemed good and sufficient reason for the suspension of t.he permit or any certificate until compliance is made. Compliance may also be enforced by appropriate action brought in a court of com- petent. jurisdiction. CHAPTER VIII.-ORDER AND JUDICIAL REVIEW SEC. 45. Enforcement of orders.-The orders, decisions, and regula- tions of the Board and the terms and conditions of any certificate issued by it may also be enforced by any of the civil remedies pro- vided by existing laws. SEC. 46. Effective date of orders and decisions.-All orders, rules, and regulations of the Civil Aeronautics Board shall take effect at such time as t.he Board may prescribe. `Whenever the Board is of the opinion that an emergency requiring immediate action exists in respect to safety in air navigation, it. may, upon complaint, or upon its initiative, make such just and reasonable orders, rules and regulations as may be essential in the interest of safety in air navigation to meet such emergency, without answer or other form of pleading by the interested person or persons, with or without notice, hearing, or the making or filling of a report: Provided, That the Board shall immedi- ately initiate proceedings relating to the matters embraced in any such order, rule, or regulation and shall, insofar as practicable, give preference to such proceedings over all others under this Act. SEC. 47. Reconsideration of orders.-Any interested party may re- qi.iest the reconsideration of any order, ruling or decision of the Civil Aeronautics Board by petition filed within fifteen days from the date of the notice of the said order, ruling or decision made by the Board. The petition shall clearly and specifically state the grounds for recon- sideration. Copies of said petition shall be served on all parties in- terested in the matter. It shall be the duty of t.he Board to c.all a hearing on said petition without delay; after notice to all parties con- cerned, and, after hearing, to decide the. same as soon as practicable. SEC. 48. Finality of decision, order or ruling.-Decisions, orders, PAGENO="0700" `-*1 ~ LA\V~ ~Nf) I FiF~A ~ !~.- oF THE \VOTHT) dii,O~ t.~ug~ ~f ~ ~-h:.h beconi~ md conJusive. after ~fte~-n dav~ fruiri the iiate ~ereof anless appealed within said poriod to r~-~ ~ Court iii~: certificate SEc ~J. Judicial re.~ie~v.--~The Supreme Court may review any LIde~. ilciillg or decision of the Board and modify or set aside suchi ocde:, ru~in~ or decision ~v~en i~ cleariy appears that there was no ev~d~i~ce bafore the Ecard to support reasonably such order, ruling or decision, or that. th~ same. is contrary to law or that the Board has no w: has exceeded its jur~sJiction. The evidence presented t.o the i~ aid together with the record of proceedings before the Board shall ~e cerified by the. Secretan~ of the Board to the. Supreme Court. Any ruling, order, decision or award of the Civil Aeronautics Board, except. such ruling, order, decision, or award with respect to the issoance of a permit., may be reviewed by the Supreme Court upon a writ of centioraii in proper cases. The procedure for ievieic, except as herein provided, shall be prescribed by the Supreme Court. Except as otherwise provided in the preceding paragraph, all orders, rulings, or decisions of the Board may be reviewed on the appucation of any perso~ affected thereby by certiorari in appropri- ate cases or by petition to h~. known as Petition for Review, which s~ia~i he flied tuic fifti-ert days from the notification of such order, ruling or decision, or. in case a petition for the reconsideration of such order is filed in accordance with the preceding section and the same is denied, within fifteen da~~s. after notice of the order denying the oetitiOn for reconsideration. Said petition shall be placed on fui~ iii the othce of the Supreiuc Court. which shall furnish copies thereof to the secretary of the Board, and ot.her parties interested. CIJ.~VVnR Ix.-RECEIPTS OF THE CIVIL AERONAUTICS ADMINISTRATION AND Ci VIE AERONAUTICS BOARD SEC. 50. ree.s.--}or services rendered and documents issued by the Ci ii `~O1 ~ ~aa and cr the (h ii A~r nantics Board, the rollowing fees shall be c.harged and collected: (1) For filing of an application to engage in air commerce, two hundred and fifty pesos; (2) For filing of an application for ratings of aviation schools and other air agencies, one hundred pesos; (3) For each airman's certificate issued, a maximum charge c~ fifty pesos: (4) For certifying copies of official documents and orders in the files of the Civil Aeronautics Administration and Civil Aero- nautics Board, fifty centavos per copy, plus twenty c.entavos per each page of folio so certified; (5) For certified transcripts of notes of the Civil Aeronautics Administration or Civil Aeronautics Board, thirty centavos for each page of not less than two hundred words : (6) For the registration of aircraft, a maximum fee of fifty pesos for every aircraft registered, regardless of type; (7) For the registration of engines, propellers and/or appli- arice.s, a fee of ten pesos for every engine, propeller and/or appli- ance, registered. SEC. 51. Other fees.-W'hen any act or service has been performed or rendered by the Civil Aeronautics Administration under the pro- PAGENO="0701" ~lfl L\W~ \\T~ TFfl \TT~~ ~ T~TF ~V(~L~ ?103 isions ot this Act for whici~ f~e o~ve such fees ~~a1l he collected as m~y frcun rm~~ to time ha ~i'escH - - ~naut -`s Adi;~JfliStratiOr wi~ i~c ~~ipro"a ie,~ar~ ~ead. SEC. F2. Disposition of receipts-All money coilorlied by the Civil ~erholut~c~ Ad'mn S(V'U ~r i ~ -~, constitute a cc" vuc~ ii al sha t~e isbursea r~flOp~ ma iio~-t~ -`~ rH unpri -`oaac~u cf go ernmc'~ a ~r ~ia~'~ ~t* ;tciuties: Prindded, ho'ccoer. That any and all suns' o be deri~.-d .r~ collected fr:r the Manila ~~ernat~on:l *irport t~s well as cash ~`nd coliect~ons on ac~:ountr. re~h'abl' st.,n':i~n~ to cc areuit of the ~Tationa) ~ irpr~rt~ ( rpora~ ion a4. ihi- M ar.i a I ntern~~ lila] ~ irport ilori si~ri~I ace~ue to the Marnla International Airr'ott rt-'i'olving 1imd wl.irh shall be ft~shi~rsed by the Civii ~X.eroiiautics ~-~1fli. f~lstra- ion for tne opera~.ioli of ttie ~%1anila laLernatlOrlal Airport and for such other expenses as may be necessary. appropriate or ~ncident~J in roflfl~ctio~j therewith. CT1APTFJ< X. -MIS(:ELLAXEOt~5 PROViSIONS SEC. 53. Separability of unco thut~onai prc'~ ict~:-. --I'~~e unconsti- tutionality of a-nv sect ion. subsecL~on. s~ntence, cL~csc. or term of this Act shall riot affect the vaiidi~ of the other prov~s1cns thcreo~. Svc. 54. The provisions of (orimonwealt.h ~\ct ~\ imL~red ~ nety- seven (Commonwealth Act Nurnbei'ed One Fundr~:d and siciy-&ght as `h)ended by Coi morwe-aith Ac~ Numbered Fb. a hund~e~ and t ,:rrt `-~a) Republic Act Numbered One hundred ari~ tw'eoty-Iive, sem'~ii hundred and thirty-six to one hundred and ~f~y of Exe~'utive. Order Numbered Ninety~four dated Oc~ Iher ~otii-. nineteen hundred ~nd fort y-se\'en, sect iori~ Lwo, three, *ni'. a~~d ~ c;i ~ `~`~ ~il-~e " H 11 re~ ~--d ~ ~ ~- ,~ ~ i~mdred and fifty and P-'rblic Act Num~eriO C:.- .:nb'cr.. - .i eight, and ~Ii other laws, exe~. ~tive orders. ac~ ~- ~.trmi's order: OT' iroclamations or parfo thareof cimsisttcut with the provi~k~ns of this Act are hereby repealed or modified ~nY.oIdingl~'. The present personnel of, and all unexpended ba~ancrs o~ appropri- ations available to, the Civil Aeronautics Admi~isiration created under the aforementioned Executive Orders shah }-~ tr:csferred to. ~r!d shall be. available for use hs the C~ci1 ~~,~roncutic: ~\dtOuistratinm rern'~a.nized under this Act., respectively. Si~o. 55. Appropriation-- -T.~e sum of Sixty tho'usartd pesos or SO much thereof as may be necessary ~s auriu'rized to ic appropriated out of any funds in the National Treasury not otherwise. appropriated for the purpose of carrying out the provisions of sect~ons ~even a~~ct rightS Chapter III, of this Act, and the sum of sixty thousand pesos or so much thereof as may be necessary, is authorized to oe appropriated out of any funds in the said Treasury not otherwise ap~:rc.priat.ed for earryin~ out. the provisions of sections t.wenty-~i~. tliirh and thirty- one, Chapter V. of this Art. SEC. 56. Effectivity.-This Act shall take effe upon ~ts approval. Approved, June 20, ~ PAGENO="0702" PAGENO="0703" POLAND PRELIMINARY Two legal enactments have regulated air law in Poland. One was promulgated by the Decree of the President of the Republic of \[arch 14, 1928. (D~iennik Ustaw) No. 31, Law No. 294, repromul- gated in 1935. L)z. U. No. 69, Law No. 137, amended in 1945 D~. U. No. 50, Law No. 282, and the other is the Statute of May 31) 1962, Th. U. No. 32, Law No. 153, which superseded che law of 132b. Both these legislative acts originated in ditierent epochs with respect to technical deve~c~pinents, economic systems, and political and international relations, The speed of aircraft. increased and new media reaching outer space were invented. Prewar private enterprise was replaced in Poland by the postwar government-controlled economic system. As a consequence, while under the law of 1928 private aIr carriers were licensed and ~uhjeci only to administrative supervision by the. gov- ernment, under the law of 1962, air carriers are owned and operated by ihe government. Aviation conventions, the principles of which had been incorporated in the law of 1928, were superseded or modi- fied by the new laws. New air laws by other communist countries, particularly that of tile Soviet Union~ were enacted ~xhich had to be iaketi into account by the framers ci the Polish air law. All these new elemc;1ts adected the new Polish air law. Some of them, such as the regulal ion of sovereignty in the air space, the definition of aircraft, conflict, of laws, civil liability and the correlation of the air law with the international agreements to which Poland is a party, requ red special attention. The new law continues the prevai Polish air law provision in regard to the generally prevailing principle of the "sovereign pow- ers in the air spa~ above the land territory, ii1lai~d waters and ter- riturial sea". No vertical air ceiling was established. Soverei~n rights in the "air space'S as formulated by the law permits elastic iuterpretat~on which may be applied to time flight of regular aircraft UI) to any altitude of the atmoshhere surrounding ihe globe. Thus, the law avoided to solve the problem of politjcal and scie~itifc dis- cussion wnether the flights of artificial satellites and rockets con- stitute a violation of sovereignty of the air space of subjacent states. In accordance with technical development at that time, the term "aircraft" was limited by the old law, to balloons, g~iders and air- craft. ~ coore comprehens~ve definition is given in the new law: any device designed for the, transportation of persons and goods in the air capable of flying in ihe a~c space as a cor .uence of the reecton of the air is considered all e:rcraft. Moreover, Tue Council of \tinmsiers is authorized to ru lade lii cilfl mIt an~ de\ ~es ..`ipab'e of flight in the air hut not designed for the transportation of per sons or goods and Uevice~ capable of flight in space irrespective of 2105 PAGENO="0704" 2i1½6 :iR LAWS AND TREATIES OF THE WORLD c' `on~ non of the air, whether or not desgned for the transporta- of nersonc or ctocrls, Jo this WaY the lan' permits future in- on of ortet veh-les of any kind fH'n~ in the an and in outer craiied provisions rtnd ate t cc probh~rns concerning applicability ic laws wtth re~mct to aircraft. crsoiis, propert) aiid acts aboard "craft, Special situations arise where the state territorial juris- 011 -iOTcUrs with the j nrisciicuott of the state of the nationality e aircraft. Poi-L law, as a role, does not accord preference to o~ the'~e urìsdcctcoii~, nor loec ;t introduce any special system p t e e~ e,,d i in it~ of th tot fi ct of ~ws H 1crr' P i' ic' c'i'lI o~ the lie ef the nationality * aorta ft wit tot the I inu~ required by the conditions of air ;<:itiOH ~apj len~e It tng tic ~yt1scra l confi~ct of laws' provislons heir sdnt~}cc ap1)1 icabil tin: would not be sufficient or prac- `ic, respect to territ mi cu j ui'~sdict ion, foreign aircraft Within `Ii ce~ rttolv. a5 ide. a rr s-cib~ect to Polish law. Each Polish iI'eigli a rrrait :is fat as li~ t i'affic in the air, on land or water is `It arned. ~ subject to tile iocai law and on the territories not sub- o 0j1V territorial pcwei it is subject to international law'. Tern- * : *i ic ;" ~s also a~apLc;uolc tth in~pect to claims for damages caused i': 51f7 ~`c ft ccl - `5' in ~c a c' as by reason of heln granted to at -,,`,.~ rci't is appticah;e only iii cases of anions on the tern- * a tit' cci cc tiny sovereign power. The application of the :1 un' 5 ~: uhie 0 Yiuispontacion rontracts liar ,v -c jo-i sCi vices ~iu~ cc contracts were made or are to be `;t'llleU in Pchciit anti I tie ~ihie5 did not select any other law. oct fr t "oclation of the Polish au law are subject to Polish I liii] 00 evc'i tiiiUQ'lc the ofletict':s w crc coninuitted abroad. The ow stoe~ tot `hcì~ tgr the ;rovisio is of the Poltsh criminal law with -eat It; ci eiisc~ notttlcntccl a ithir Pie Polish air space (locus dcllcti the ot tue n a n iliti of ~he airera ft applies to -n torn ft Jul'11 o the th&'l1t ci' during the stuD on a territory not -~ to "ii - x ercc power Os ivel I a~ to transportation performed *) serv ICC: ret idei'ed by t he Pal islu nira ta ft - ~he in a' of the na- tl ity ol tluc ti irra ft a a-~ made equaiiv apulicable with the Polish c- -`:iet-r In ipc: a i'ituluts of an alicia it or goods aboard are involved :1 1 acre dir cohn anti dotte~ (if the c-~entbcrs of ihe crew arising out 10001' 0° a ia t:oii'erned - With respect to acts and other events 1 toard tnt o g thc di ght 01 on tcri'ltoi'v not subjc-ct to an" sovereign Ki\ i'. ciii na ron~icters the event as if it had occurred at the place `s-he tile -uirct':uft is registci'ed The purpose of this provision is to cc' `- cvcnt involved, and the general rules of the conflict of -cv: ;lnct~ twu ui-c ow anli c-able lit tin: case. Polish crnninai law cats iii tide `-ca I `ahie to c-dan ses con nit1 Led aboard Polish aircraft by `Iii 01 5011 :Utt tt~ ohleicsc- oinrccltcu at an~' place he the owner of a- Poi:sh a ircittt, einoii at 1l iz iig or possessing it or by a member of the -tea i~ na5h aircraft ti-ofat' as ticese offenses violate au' law'. Sc'c-'ral un: 1 cat lena] agc cectienl - to whit P Poland is a party, menu- herslt i~ ti i,,t 5!'l'itloLai a c oi'ualc::: `:~c such as the Intentational ( * ti \v: n-: C): pat itzattc a i IUAC) ) . Intet national Xcr Transport PAGENO="0705" AIR LAWS AND TREATIES OF THE WORLD 2107 Association (TATA) and cooperation with the regional air organiza- tions affected the Polish air law in various forms which may be sum- merized as follows: The provisions of the Chicago Convention of 1944 concerning regis- tration of aircraft., documents, admission of foreign aircraft. to the Polish air space, and prosecution of offenses violating air traffic pro- visions, are incorporated in the Polish air law. Similarly included are provisions of the Chicago Convention and of the ilome Convention of 1~33, with respect to exclusion of aircraft from attachment. Provi- sions of the Warsaw Convention of 19~9 were incorporated to a large extent, in the air law which also includes transport.s not subject to the Convention, and domestic transport action in p~irticular. Even prin- ciples of some conventions to whicli Poland is not a pa1~ty or which did not. take effect as yet, are included in the Polish air law. To this group belong rescue operations on time high seas taken from the Brussels Con- vention of 1938 the applicability of the law of the nationality of the aircraft with respect to property rights taken from the Geneva Con- vent.ion 1948; some provisions of the Rome Convention of 1952, and some provisions of the 1955 1-lague Protocol which changed the War- saw Convention, and finally, the basic priiiciples of the 1961 Guadala- jara Convention. Even drafts of new conventions affected the formu- lation of the new law as, for instance, provisions concerning the juris- diction of the commander of the aircnmft or the legal status of the. crew. Liability for dani~ige. connected wit ii air traffic or air transport. is governed b general rules of civil law, supplemented or modified by the air law. Two kinds of liability are of a special significance. The first group of provisions applies to damage caused to third per- sons not in privit~7 of contract with the air carrier. Fnder the former law the absence of negligence relieved the air carrier from liability. The new law based his liability on the principle of risk by the air carrier. The only deviation from this rule is the provision excluding the liability where t.he damage resulted from the. flight of the aircraft performed in compliance with the law. Thus, damage caused by the noise of the flying aircraft. will not make the air carrier liable unless the provisions regulating air traffic, such as, for instance, altitude of flight, are violated. The protection of the interests of the citizens in this re- spect is transferred to public law. The second group of provisions applies to damage caused by air transport. The new law incorporated the basic principles of the War- saw Convention regulating these damages. Tue liability is based on the doctrine of the presumed negligence of the carrier, who, in order to rebut the presumption has to prove that he applied all precaut.iona1~y measures to avoid the damage. For damage caused to property trans- ported under the passenger's care, the carrier is liable only if negligence is proved. The new law upholds the system of limited iiab~lity for damages in air transport up to the amount stipulated in the conventions. The amounts specified by the law may be increased by contract: they cannot, however, be decreased. Limitations will not be applied if it. is imoved that the damage was inflicted intentionally or by gros~ negligen~. The provisions concernilig liability also apply to damage caused by delay in transportation of the time of delivery was fixed. 39-7iT---.O~-vo1. II--45 PAGENO="0706" 2108 AIR LAWS AND TREATIES OF THE WORLD AIR. LAW 1 PART ONE-GENERAL PRovIsIONs ChAPTER ONE-INTRODUCTORY PROVISION S Artkle 1 1. The provisions of the air law shall apply to Polish civil aviation iuid also to foreign civil aviation within the limits provided for by this statute. 2. All types of aviation, with the exception of military aviation, aviation of the customs service, and police aviation, shall be deemed civil aviation. Article ~ 1. Polish civil aviation shall serve the following objectives: 1) Air transportation of persons, baggage, goods and mail, 2) Agricultural and forest economy as well as other aspects of the national economy, such as cooperation in flrefighting, flood- fighting, air photography and so forth, 3) Scientific research, 4) Culture and education, 5) Public health and rescue operations, 6) Sports, 7) Training. 2. Individual kinds of Polish civil aviation may possess flags, em- blems and pennants, whose. pattern and description and the conditions under which they may be used shall be established by the Minister of Transport.. Artiel.e 3 Supervision over Polish civil aviation as well as t.he activities of foreign civil aviation in Poland shall be exercised, within the limits provided for by the air law, by the Minister of Transport.. ChAPTER TWO-SOVEREIGN POWERS IN THE AIR SPACE Artiele 4 The People's Republic of Poland shall possess entire and exclusive sovereign powers in the air space. above its land territory, inland waters and territorial sea. CHAPTER THREE-CONFLICT OF LAWS Article .5 During flight, in the Polish air space and during t.heir sojourn on Polish territory all aircraft., their crews, passengers and property aboard the aircraft. shall be subject. to Polish law unless this law pro- vides otherwise. Art ecle C I)uriiig flight, outside the borders of the Polish air space and during their sojourll in areas not subject. to any sovereign power, Polish air- craft shall be subject to Polish law unless this law provides otherwise. Statute of May 31, 19~2. Concerning Air Law, promulgated in Dziennik U8taw (Journal uf Laws {heroinafter cited Dz. U.], No.32. Law No. 153, June 8, 1962. PAGENO="0707" AIR LAWS AND TREATIES OF THE WORLD 2109 Maneuvering and flight of aircraft shall be pe1f~1~111e(l according to the pro~s1o1is in force in a given territory and UI areas not subject to any sovereign power, in accordance with the rules of international law. Article 8 Polish criminal law shaH apply to both Polish and foreign nationals. when they committed abroad 1) An offense or misdemeanor violating the, air 1aw or re.giila- tions issued in pursuance. thereof, if the. culprit is the, owner of a Polish aircraft, a person utilizing it. its possessor or a member of the crew, or if the act was committed aboard a Polish aircraft.. 2) An offense or misdemeanor violating the provisions referred to in Article 7, when the duty to prosecute derives from an inter- national agreement to which Poland is a party, or when the act was committed in a territory not subject to any sovereign power. Article 9 Rights and duties of air crews arising from their employment shall be determined according to the law of the nationality of the aircraft, 1)i~ovided the parties did not. choose the law of another state. Article 10 Property rights with respect to aircraft and to the property aboard an aircraft shall be determined according to the. law of the State of the nationality of the aircraft. Article 11 1. Claims for damages, arising out of the use of an aircraft., suffered by persons and property outside of the aircraft, in which damages caused by the collision of aircraft as well as claims for compensation for help given by one aircraft to another aircraft are included, shall be determined acc.ording to the. law of the State. on whose. territory the accident occurred: when the accident occurs on territory which is not subject~ to any State, the law of the court which determines the case shall apply. 2. When the interested parties and the aircraft involved in the dis- pute belong to the same state, the law of the State of the nationality of the aircraft. shall apply, regardless of where the accident occurred. Artkle 12 Tjnless the. parties opt for the law of the ot.he.r state., Polish law shalT apply to contracts for shipment by air a.nd other air services as well as to claims for damages a.rising out of the performa.nc.e of these con- tracts provided the contract was made or is t.o be performed in Poland, or is t.o be performed by a Polish legal entity, by a Polish national, or by the use of Polish airc.raft. Article 13 1. The law applicable to the determination of legal relations of a civil character arising out of an accident aboard a.n aircraft. during flight, or during the stay in a territory which is not. subject to the sovereign po~vers of any State shall be established in the same way as if the accident had occurred in the place where the aircraft is registered. PAGENO="0708" 2110 AIR LAWS AND TREATIES OF THE WORLD 2. The provisions of paragraph 1 shall also apply to the deterrnina- tion of the form of a legal act. wt;1e 14 If. according to the air law- or to a contract the legal relation is subject to a foreign law-, the latter law shall apply in Poland, unless it conflicts with the basic principles of the legal order prevailing rn Poland. (.IL\PTER FOUR-APPLICATION OF INTERNATIONAL AGREEMENTS Ait;7e 1.5 1. The provisions of the air law shall not. affect international agree- ments entered into by Poland with respect to civil aviation. 2. The Minister of Transport shall issue rules indispensable for the implementation of the agreements referred to in paragraph 1. PART TWO-AIRCRAFT AND OTllF~~ I~\AVIGATION FACILITIES Ait~7e 16 1. An aircraft shall be deemed a device designed for the transporth- tion of persons or goods in the. air space, capable of flight in this space as a result of the reactions of the air. 2. The Council of Ministers is authorised to subject tlìe following aircraft to all or to some provisions of the air law: 1) Aircraft ca pid )le of flight in time air spi~ce as a result of the reaction of the air but not designed for the transportation of per- sons and goods, 2) Xii~iraft capable of flight in the air space irrespective of the reaction of the air, whether or not designed for tile transportation of persons and goods. Jit~e7e 1i~ 1. The nationality of an aircraft. shall be determimied by the State in whose State Regi~ter it was entered. - 2. When an aircraft is registered in the Registers of various States at the same time.. only tile earliest elitry shall be recognized. Jite7e 18 1. The Minister of Transport shall keep a Polish State Aircraft Register, hereinafter called "Polish Register". 2. In the Polish Register shall be registered aircraft owned by: 1) Polish legal entities, 2) The State Treasury. 3) Polish citizens. 3. Other a irera ft niav be re~1st ered in the Polish Register on the basis of a~ pelmim gr~ii~red by the Minister of Transport in agreement with the Minister of National Defense anti the Minister of Foreign Affairs. 4. An aircraft forimierly registered abroad may be registered in the Polish Register (paragraph 11 after having been stricken from the foreipn register. 5. In tl~e~ Polish Register shall be entered the data necessary for establishing the identit of the aircraft, basic technical data of the PAGENO="0709" AIR LAWS AND TnEATIES ~ Tm: WODLD 2111 aircraft. and (id a concerning the owner and the person utih zing the aircraft. G. The registration of an aircraft in the Polish Register shall be certified by the issuance of a Aircraft l~e~iistiution (~eitihcate. The owner of an aircra ft shall submit to the Polj~h Register the data on the aircraft which have to I c entered in it, and subsequent ciian~es in these data. N An aii~raft may be 5t1!(~kell IrolU the P(,liSll i~cat~~ter 111)011 mo- tion of the owner of the aircraft or e~ offieo: 1) \U~en the aircraft ceases to be ~~r~pei~ty of the ~ speci- fied m paragraph 2. 2) \Vlien the permit referred to in paragraph 3 has been with- drawn. 3) \Vlien the aircraft has been registere(l iii the register of a foreign State. 4) `\Vlien an aircraft is missing and has not beeii recovered with- in tl i lee 1 aonths. S ) \Viieii an aircraft has l)een (lestroved or has peiinaneiitly lost it~ a iiworthiness. Aitec7e 19 1. Only a~icra ft registered in a State register and possessillg ideitti- fication niarking~ and other required insignia and inscriptions, may he admitted for flight in the Polish air 2. The Minis: er of Transport shall establish 1) T(lefltl hcation markings and other insigiìia and inscriptions ioi i tit ie~i~tc ed lil 1 c f h RLHJ h i ~i mon aiai the method as web as the place 011 the aircraft where they ~-hol1lh be efiixed. 2 ) ( `ases and conditions under which aircraft not registered in a State ie~uster as well asairc~aft not possessing the required markIng~ and inscriptions. max perform fit~ht~ within the Po- lUsh air space. Aiti4e ~?O 1. The airworthiness of aircra ft shall be sul)ject to examination by the state agencies of air technical supervision (Article 25) in tile course of construction, repair and operation of these aircraft. 2 The airworthuness of an aircraft shall l)e coi' firmed by issuance of a certificate of techmical fitness. aini 1 v tuII aircraft inspection cer- iticate in tlìe ease of aircraft undertroin~t tests aiil examinations. 3. Tlìe validity of a certificate of techincal fitiies~ (msnection cer- tificate) of an a~rcrafr shall he established for a specified period of time. 4. A cell Ificate of I eehnical fit ness inspection certi hcate) of an air- craft shall lie issued by tile state agencies of air technical super- vision. 5. The i\Iinister of Transport shall specify 11 In agreement with the Minister of Heavy Tn(lustry and the Min- ister of National Defense, technical iequhrement s to he met by air- worthy aircraft and their component parts. 2) By regulation~ the 1)rincipies aIId the scope of the exalniiiat ion of airworthiness of aircraft, tile piiiicipies (Oiil1e1fl illg t lie isstl;l1lCe of PAGENO="0710" 2112 AIR LAWS AND TREATIES OF THE WORLD technical fitness and inspection certificates as well as forms of these certificates. G. The Minister of Transport shall establish the basic rules for operation of aircraft. 4it~7e ~21 1. It shall be prohibited to perform flights by an aircraft: 1) Which does not possess a valid certificate of technical fitness (inspection certificate), 2) In violation of requirements and limitations specified in the certificate of technical fitness (inspection certificate), .~) The technical status of which is not in conformance with the requirements existing at the time at which the certificate of tech- ideal fitness (inspection certificate) was issued or at the time at which the validity of these certificates was extended. 2. The provisions of paragraph 1 shall not apply to aircraft per- forming test flights required for the issuance or for the extension of he validity of the certificate of technical fitness (inspection certifi- (ate) of these aircraft. ~4i~t;'7e ~2 The Minister of `1r~uisport shall specify the documents to be pos- sessed by an aircraft, the documents to be kept aboard an aircraft dur- iiuz the flight, as well as the forms of these documents; the Minister of Transport shall act in agreement with the Minister of Communica- tions with respect to documents concerning communication facilities. A i~f;(7f ~ Documents attesting the airworthiness of an aircraft, issued or con- finned by the coml)etent authority of a foreign State, may be consid- ered in Poland as valid as such documents issued by the Polish authorities in cases and on terms to be specified by regulation of the Minister of Transport. 1. Within the scope and on the conditions specifiedl in international agreements to which Poland is a party, foreign aircraft shall enjoy the iight of exemption from attachment, exemption from lien or exemption from any other le~al actions by reason of the violation of patent rights. l)lue prints or design, as well as the right of exemption from attachment securing such claim. 2. The provisions of paragraph 1 shall also apply on the basis of reciprocity to aircraft. having the nationality of States which are not parties to the agreements referred to in paragraph 1. 3. The provisions of paragraphs 1 and 2 shall apply accordingly to spare parts and to reserve equipment of foreign aircraft. A it;c7e 2 Supervision over compliance with the air laws as well as the iegula- tions Hsued in plirsuance thereof, shall be exercised by the State agen- cies of air technical supervision appointed by the Minister of Trans- port who shall regulate their scope of activities. A it;c7e 2C T1i~ M~itht~ of Transport, in agreement with the Minister of Na- tional Defense, may extend the adequate application of the provisions PAGENO="0711" AIR LAWS AND TREATIES OF THE WORLD 2113 concerning registration in the Polish Register, markings, examination for airworthiness, aircraft documents, as well as technical supervision over these aircraft, to their component parts, accessories, auxiliary installations and other aircraft equipment. PART Ti I REE-AER0DROMES AND AERONAfYICAL GROrIND INSTALLATIONS Arti~7e 27 1. An aerodrome shall be deemed a specific area with appurtenant buildings and installations totally or partially designed for the land- ing, takeoff and maneuvering of aircraft. ~. Any installations on land, water or connected with land, water or with structures on land or water, designed for the needs of air traffic and the safety thereof which are not aerodromes shall be deemed aero- nautical ground installations. 1. A permit of the. Minister of Transport shall be required for the. establishment, and liquidation of an aerodronie. as well as for the per- formance of changes subject to be entere.(l in the State civil aerodromes register. ~. An aerodrome may be. opened if it has been registered in the State Civil Aerodromes Register (Article ~9). 3. The Minister of Transport. in agreement with the Minister of National Defense and the Minister of the Interior, shall issue regula- tions concerning requirements and procedures with respect. to granting the permits referred to in paragraph 1. A i~f;e7e 2f} 1. The Minister of Transport shall keep the State Civil Aerodromes Register. 2. The Registration in the State Civil Aerodromes Register shall be confirmed by the. issuance of an aerodrome registration certificate. 3. An aerocirome shall be stricken from the State Civil Ae.rodrornes Register upon the motion of the manager of the aerodrome or ex offie;o if the aerodrome ceases to meet the requirements established for it. An aerocirome may also l)e stricken from the State Civil Aero- dromes Register on the basis of a (lecision of the Minister of Transport. issued in view of the. 1)ublic interest. 4. The Minister of Transport.. in agreement with the. Minister of National Defense, shall issue regulations concerning the State Civil Aerodrome Register. ~i ~ 30 I. Both government and social organizations as well as legal entities establishing aerociromes or the managing or using aerodromes shall have, the. right 1) To construct or to establish aeronautical ground installa- tions on property beyond the boundaries of an aerodronie. ~) To have access to aeronautical ground installations situated beyond the boundaries of an aerodronie. ~. When aeronautical ground installations are constructed or estab- 1 ished on property under the management. of a State organization, the place and method of construction or of establishment, of these inst.a.hla- PAGENO="0712" 2114 AIR LAWS AND TREATIES OF THE WORLD tions shall be determined by agreement with such organization: the place and method of cOnstruction or of establishnie.nt of these installa- tions wu hin the boundaries of the sea belt, in addition, shall be estab- lished in consultation with the competent maritime office. 3. Permits for construction and establishment of aeronautical groimd installations on property situated beyond the 1)Ollndaries of an aerodroiiie shall be. issued by the competeilt office of the piesidnun of I lie (011111 v ( urban, sect ion ) peoples council : this permit shall give at the same time the right of access to aeronautical ground installa- tions. 4. When constru~tion or establishment of aeronautical ground in- stallations and the utilization thereof as well as their maintenance re- sult ~n renderein~r the propeity unusal)le for its former purposes, it shall be subject ta transfer in a way and accor(hing to the rules pro- vi(le(l far the transfer at real 1)l'oPeity or it shall be condemned in a way and according to the provisions regulatimi eminent domain. (.oinpensation for damages resulting from the exercise of the rights referred to in paragrap~I 1. shall be determined by the Depart- ment fat Internal Affairs of the presidium of the county people's coun- ii of the place in which the l)roPerty in question is situated, according to the provisions regulating eniinent domain. A i'f;~7e 31 The Minister of Transport shall est~1l)lish by regulation 1 In agreement with the Ministers of National Defense, of the Interior, of Mimnicipal Economy, of Communications and of Pub- lic JIeaith and Welfare a Rules concerning classification of aerodromes, b) Requirements to be met. by aerodomes with respect to air traffic safety; ~) In agreement with the Minister of National Defense, the rules concerning the operation of aerodromes: 3') In agreement with the Minister of National Defense. and the Chairman of the Committee of Construction, City Planning and Architecture, the method for marking structures which might ob- struct air traffic. A ii ~c7e 32 1. The management of an ~ierodrome shall be exercised either by the State or a social organization or by a legal entity which has a certifi- cate of registration of an aerodrorne. ~. When the condition of an aerodrorne or the method of its use do riot. comply with the. regulations concerning aerodromes or when in some other way they endanger the safety or air traffic, the aerodrome manager shall 1'~ Close the aerocirome to air traffic or impose the necessary lim- itations until the condition of noncompliance with the regulations or of danger is removed. ~) Immediately inform the agency keeping the State Civil Aero- (Ironle Register that the aerodrome has been closed or the limita- tions imposed. h. WThen the manager of an aerodrome. does not fulfill his duties re- ferred to in paragraph ~. the Minister of Transport. may order the closing of the aerocirome or restrict its use for a limited or unlimited time. PAGENO="0713" AIR LAWS AND TREATIES OF THE WORLD 2115 4. When the use of an aerodrome for the needs of air traffic is dis- continued or when the manager of an aerocirome submits a motion for its liquidation or when an order to close an aerodrome. for an unlimited time. is issued (paragraph 3). the Minister of Transport may, in agree- meiit with the Minister of National Defense, assia~n the management of the aerodrome to another person. Article 33 It shall be prohibited to remain within the boundaries of an aero- droine without obtaining a permit from the manager of such aero- drome; this prohibition shall apply in particular to vehicular and pedestrian traffic as well as to the use of an aerodrome and its installa- tion 5. Article 34 1. Civil aircraft may take off and land only at aerodroines registered in the State Civil Aerodrome Register, except in the. cases specified in paragraph 2 and in case of forced landing. 2. In cases justified by the requirements of primary and advanced pilot training, or in cases of performing special tasks such as air ambulance services, fire and flood fighting flights, as well as in other cases which shall be specified by the Minister of Transport, aircraft may take off from, and land on the ground in places other than aerodromes. 3. Requirements to be met. by areas referred to in paragraph 2 and the conditions under which aircraft. may use such areas shall be speci- fied by the Minister of Transport. 4. Civil aircraft may take off from, and land on military aerodromes with the consent of the competent military authorities. 5. Aircraft which are not units of civil aviation, may take off from, and land on civil aerodromes after notification to the air traffic authori- ties (Article 44, paragraph 5). Article 3S The Minister of Transport shall appoint the agencies authorized to supervise compliance as to the air laws and the. regulations issued in pursuance thereof concerning aerodrome. and aeronautical ground in- stallations. Article 36 The Minister of Transport, in agreement with the Minister of De- fense, may extend the adequate application of the provisions concern- ing aerodromes to aeronautical ground installations. PART ForR-FuGiIT PERSONNEL A rticle 37 1. A member of the flight personnel shall be a person possessing a valid license who has been entered in the State Flight Personnel Register. 2. A valid license is a certification of ability which confirms posses- sion of the qualifications required for the respective license (Article 3S. paragraph 1) and 1)Ioof of authorization to perform specified aeronautical activities. 3. The Miii i~-ter of Transport shall keep the State Flight Personnel Register. PAGENO="0714" 2116 AIR LAWS AND TREATIES OF THE WORLD Arti'cle 38 1. A member of the flight personnel may be any person possessing the flight qualifications specified by the law and adequate moral qua ii fi cat ions. 2. Possession of the qualifications referred to in paragraph 1, shall be verified before a license is issued to a candidate for member of the flight personnel. A it,cie .39 1. The validity of a license may be made. dependent upon the result of a periolical or occasional examination of the aeronautics qualifica- tions of a member of the flight personnel. 2. A license or some other rights deriving therefrom may be with- drawn by the agency which issued the license when the following is ascertained 1) The loss by a member of the flight personnel of qualifications to perform special aeroiiaiitical activities, 2) Violation of provisions of the air law by a member of the flight personnel, 3) Performance of aeronautical duties by a member of the flight personnel which may endanger air traffic safety. Avtkle 40 The following shall be forbidden: 1) Performance by a non-licensed person of activities for which a valid license is required, ~) erformamue of aeronautical functions by a member of the flight personnel other than those for which he was licensed, or contrary to the requirements entered into the license, unless the said functions concern pilot training as specified in the regu- lations issued according to Article 42, paragraph 1, item 4. Artic7e 41 1. A license issued or recognized by a competent agency of a for- eign State, may be recognized in Poland as having the same validity as a~ Polish license in cases and upon terms declared by the Minister of Transport. 2. In justified cases the aeronautical qualifications of a. member of the foreign flight personnel may be examined by an agency au- tliorized by the Minister of `Transport. Artic7e 42 1. The Minister of Transport shall specify by regulation 1) The division of the members of the flight personnel into special categories, adequate licensing for such categories, and rights and duties of the members of the flight, personnel deriving therefrom in connection with the performance of aeronautical activities, 2) Qualifications with respect to age, general education, knowl- edge of aeronautical subjects, proficiency and experience, 3) Terms of issuance and revocation of a license and limita- tion, suspension and restoration of the rights deriving therefrom, audi the competent agencies to handle such cases, PAGENO="0715" AIR LAWS AND TREATIES OF THE WORLD 2117 4) Rules with respect to the granting of, and examination for aeronautical qualifications, and the agencies authorized to per- form this examination, 5) Rules concerning keeping the State. Flight Personnel Reg- ister. 2. The regulations specified in paragraj)l1 1, itenis 1, 2, 3, and 5, shall be issued by the Minister of Traiisport. in agreement with the Minister of Defense. 3. The physical fitness requirements of a candidate for member of the flight personnel and of the members of flight personnel shall be specified by the Minister of Transport in agreement. with the Min- ister of Public 1-Iealth and Welfare and the Minister of National T)efense. 4. Th~ Minister of Transport. shall regulate the exercise of the rights de~ivmg from licenses by the. members of the flight, personnel, indispensable for flight, safety. 5. The Minister of Transport, in agreement with the Minister of the. Interior, may specify by regulation when Polish nationality shall be required in order to acquire the right to perform the functioiis of a iiiembei of the flight persoiinel. 1 ~t;i~ 4.] I. Models of uniforms, insignia and badges of the members of the flight, personnel shall be subject to the approval of the Minister of Transport. 2. The Minister of Transport may require the members of the flight personnel to ~veai uniforiiis. PART FIVE-AIR TRAFFic CIIA1'TER ONE-AlIt TRAFFId' lx GENERAL ~1,'t;c7e 44 1. Air traffic of civil aircraft in Poland shall be performed in the air space and on the aero(lromes designated for this traffic. 2. Air traffic in the area of the Polish air space anti on the aero- (lrome~ referred to in paragraph 1, shall be performed in compliance with the air traffic regulations for such air space and aerodromes. 3. The Ministers of Transport and of National Defense shall by t heir orders 1) Issue rules concerning the designation of the Polish air space and aerodromes for civil aircraft. traffic, 2') Issue rules concerning air traffic in such air space and on such aerodromes, 3) Regulate the conditions under which civil aircraft may perform flight s outside such air space and aerodronies. 4. Air traffic outside the designated air space an(l aerodromes ( ~ graph 1) shall he performed in compliance with the regulations issued by the Mini4er of National Defense. 5. The Minister of Transport, in agreement with the Ministers of National Defense and of the Interior, shall appoint, the State agen- cies for the management, supervision and inspection of air traffic (air traffic authorities), and the. authorities cooperating in safeguarding air traffic services as well as determine the scope and rules of their activities. PAGENO="0716" 2118 AlE LAWS AYD TREATIES OF THE WORLD A,'tide 4.5 1. The Minister of National Defense may introduce, prohibitions and limitations of flights over all or some parts of the territory of the state in view of military necessity. and in agreement with the Minister of the Interior in view of public security. 2. The limits and the areas within which flights shall be prohibited under paragraph 1. and the limits and the areas within which flights shall be prohibited or limited under the provisions issued in pursuance of Article 44. paragraph 3, shall be made public. Article 46 1. Aircraft participating in air traffic shall be subject to the man- agement. siipelvisioii and iIl~pecrion of the air traffic authorities. 2. l~nless the regulations issued in pursuance of Article 4-i, para- graph 3, provide otherwise, the flight of an aircraft in Polish air space may be perfoimecl only with a permit issued by the air traffic authori- ties and in conformity with the rules established by these authorities. Article 42 1. An aircraft flying outside the prescribed air space or not at the prescribed altitude, shall, as soon as possible and without warning, resunie the proper direction or flight altitude. 2. An aircraft referred to in paragraph 1, may be ordered by the air traffic authorities to land on a designated aerodrorne and, if it does not comply with the order, may l)e forced to land. 3. The l)1o\isions of paragraph 2 sluill apply accordingly to an aircraft which flies without a permit. or not in conformance with the terms of the permitS or contrary to the prohibition or limitations in- troduced under Article 43. paragra~)il 1, or accordmg to the regulations issued in pursance of Article 44. paragraph 3: the provisions of para- graph 2 shall also apply accordingly to an aircraft. which fails to comply with the orders of the air traffic authorities. Arti~-le 48 1. It shall be prohibited: 1) To perform test flights and acrobatic flights over settle- ments or other populated centers, 2) To drop articles of any kind from an aircraft while in fli~ht. h3) To take photographic pictures from an aircraft while in fliaht. 4) To use communication facilities aboard an aircraft. for the purpose of transmitting and receiving information not connected with the task or the needs of the flight. 2. Exceptions from the prohibitions referred to in paragraph 1. items ito 3, shall he specified by the Minister of Transport in a regula- tion issued in agreement with the Ministers of National Defense and of the Interior, and in re~ard to exemptions from the prohibitions referred to in paragraph i, item 4. by a regulation issued in agree- ment with the Minister of Coimnunications as well. A j'f~'elc 4.9 It. shall be prohibited to use the prescribed markings and signals in air traffic for purposes not connected with such traffic and in ~ w~y which might mislead air traffic. service or aircraft crews. PAGENO="0717" AIR LAWS AND TREATIES OF THE WORLD 2119 A i~tkie 50 1. Whoever finds an abandoned aircraft or the wreckage thereof or whoever witnesses an accident or a forced binding, shall report it to the nearest agency or unit. of civil or niilitary aviation, the citizens' militia, or the nearest government administrative agency. 2. The Minister of Transport, in agreement with the Ministers of National Defense and of the Interior, shall establish the agencies re- sponsible for search and rescue in cases of missing aircraft or other aircraft accidents, exposure to safety haZar(IS, or landing beyond an aerodrome. and also agencies for the investigation, circumstances and causes of flight, accidents. He shall also determine tasks and pro- cedures of such agencies and cooperating agencies (paragraph 3). 3. The military authorities, citizens' militia as well as local gov- ernment administrative agencies, units of the public health and of fire fighting services, as well as units of the socialized economy, shall cooperate with the agencies referred to in paragraph 2. an(l shall Par- ticipate in preveiitiie action upon the call of the air traffic authorities in case of danger threatening an aircraft. 4. Fpon the. call of the authorities referred to in paragraph 2, every citizen shall give them the. information and evidence in his l)OssessiOn with regard to an air accident. ~. The. Minister of National Defense shall issue regulations con- cerning the investigation of accidents of aircraft hot belonging to civil aviation. CHAPTER TWO-INTERNATIONAL FLIGHTS AitkIeSl 1. An international flight shall be a flight in which an aircraft crosses the frontier of the People's Republic of Poland. 2. The provisions of Articles 44 to 50, shall apply accordingly to international flights unless otherwise pi'ovicled for in this chapter. A,t'cle 52 1. Polish aircraft may cross the frontier of the Polish People's Re- public oni by permit.. 2. Foreign aircraft. ma fly in the Polish air space only by autliori- za.tion, unless an international agreement to which Poland is a party provides otherwise. 3. A permit. shall be required for the l)e1~111i111eflt sta of a Polish air- craft abroad and for the. permanent sta of a foreign aircraft in Poland. 4. The Minister of Transport in agreement with the Ministers of National Defense, of the Interior, of Foreign Affairs and of Foreign Trade, shall regulate the pl'ilkIpIes and terms of )erfa!mance of in- ternational flights and of the. permanent stay of Vol isli aircraft abroad and of foreign aircraft in Poland. Ai~te'c7e 53 The Minister of Transport. in egreenient with the Ministers of Na- tional Defense, of the Interior, of Foreign linde. and of Pul.~hic Health and Welfare, shall specify the aerodrraiies at which aircraft perform- ing international flights may take off and land. A it/ale 54. 1. In case of an accident or the. landing of an aircraft on Polish territory in a place where there are no customs or ~i15S~0Ft. authorities PAGENO="0718" 2120 AIR LAWS AND TREATIES OF THE WORLD to perfoi~m customs and passl)ort formalities, the commander of the aircraft. shall be obliged to report immediately to the nearest citizens' militia station, or ally other local agenc.y of the government adminis- ration. It shall be prohibited to contmue the flight without. a permit from the competent. customs or frontier guard authorities. 2. The citizens' militia, or the local government administration as well as the commander of the aircraft shall be obliged to employ all necessary means to carry out. the formalities referred to in paragraph 1. until the customs officers or frontier guards arrive. Artie7e 55 1. W~hen a foreign aircraft is missing or involved in an accident., the authorized agents of the State of the nationality of the aircraft as well as the owner or persoll utilizing it, may participate rn the search or in bringing help. 2. When a foreign aircraft is involved in a.n accident, the State of the nationality of the. aircraft may appoint observers to at.tend all the investigations conducted on the, territory of Poland by the agencies specified in Article. 50, paragraph 2. 3. ~ request, a report of the investigation shall be forwarded to the State of the. nationality of the aircraft. 1. The provisions of paragraphs 1 to 3 shall apply if such obliga- tions with regard to the State of the nationality of the aircraft arise out of an international agreement to which Poland is a party in other cases a permit of the Minister of Transport shall be required. Article 56 The technical condition of a foreign aircraft staying in Poland and its documents may be examined by the Polish technical supervision authorities or by the air traffic authorities. CIIAPTEII TIiREE~CO)IMANDER OF AIRCRAFT Article 57 1. A commander of the aircraft shall be appointed on each aircraft. flying with a. crew. 2. If the. crew of an aircraft consists of only one pe1~son he shall pei~- form the. functions of commander of the aircraft. A i~tic7e 58 The commander of an aircraft shall perform flights and flight tasks in conformity with the regulations, particularly in regard to securing the safety of the aircraft and of the persons and c.argo aboard. Aitiele 59 1. The commander of an aircraft shall issue orders with respect to flight, safety and order aboard an aircraft. binding to all persons on board. 2. The commander of an aircraft, if he deems it necessary, may order the crew of an aircraft to perform actions outside the scope of t.heir normal duties. 3. The commander of an aircraft, shall have the right, to apply coin- pulsory measures to persons who do not obey his orders or in some other way endanger flight safety or order abroad, and to confine a 1e~~on suspected of having committed an offense aboard an aircraft until tile officials who have jurisdiction in tile matter arrive. PAGENO="0719" AIR LAWS AND TREATIES OF THE WORLD 2121 Article 60 1. 1,Vhen an aircraft is threatened b danger, the c.onimancler of the aircraft shall apply all possible measures to save the passengers. the crew and the aircraft.. ~. When an aircraft is damaged or forced to interrupt its flight, the commander of the aircraft shall perform, in the name. of the owner or of the persoii utilizing it. and of the owners of the cargo entrusted for transport, all actions which he deems necessary to safeguard their interests. Article 61 The commander of an aircraft who has received a distress signal from another aircraft or a seagoing ship, who has seen an aircraft or a seagoing ship involved in an accident or in danger, on some other catastrophe or eleniental disaster, or not iee(l a person on the high seas in danger of his life, shall assist the injured or endange.re(.l persoii as much as possible without endangering the. aircraft, passengers or other persons entrusted to him. Article 62 In case of hostile activities against, the People's Republic. of Poland or against, a. Polish aircraft. the coniniander of an aircraft shall take all necessary measures to prevent the seizure of the aircraft and the persons, P1opeity and doenn~ents al)oard. Article 63 TI Minister of `iransport. shall specify the method by which the commander of an aircraft is appointe(l, the time when he shall perform his functions. and the. order in which these functions shall pass to other members of the crew in case t.he coninianclei cannot perform them personally the Minister of Transport. may also establish the. rights and duties of the. commander of the. aircraft not provid1ed for iii the air law. PART Six-AIR TRANSPORT AND OThER AIR SERV1('ES CHAPTER ONE-A JR TRA NSP( )RT Article (14 1. Air transport. shall be a transport of ~)assengers. baggage.. goods or mail by air carrier. 2. An air carrier shall be an air transport enterprise as well as. anyone who, for compensation, transports ~)assengers. baggage, goo(1S or mail by aircraft. Article 65 1. Air transport shall ~ performed by the Polish state. enterprise of air transport.. 2. Other air carriers niav perform air transport. in Poland ii~Ofl issuance of a permit. issued by time Minister of Transport and on terms established in such permit. 3. The consent of the Minister of Iransport sliahl be required for the commencement. of scheduled air tranc~port Oii spe.ci tied air lines, andi for the Polish enterprise of air transport, as well as for the dis- continuance of such transport. PAGENO="0720" 2122 AIR LAWS A~D TREATIES OF THE WORLD Article 66 The Minister of Transport. in agreement with the Ministers of the Interior, of Foreign Affairs, of Foreign Trade and of National Defense, shall issue regulations concerning air transport, in particular dealing with the. following 1 ) Transport documents, ~) Limitations, prohibitions and terms concerning transporta- tion of passengers, baggage. goods and mail, ~) ~l)ecial terms concerning leasing of aircraft, 4) Mixed transports. Submitting and disposing of complaints. Ai't'clc 67 1. A Polish carrier miiv establish standard terms of an air trans- port contract within the limits of existing legislation. ~. The terms referred to in paragraph 1, shall be subject to approval of the~ Minister of Transport. 3. The application in air transport to and from Poland of the stand- ard terms of air transport. contracts established by foreign air carriers may be made. depeinlent. by tile. Minister of Transport upon the intro- ductiomi of changes in, and supplements to these terms. 4. The terms referred to in ~)aragraphs 1 to 3, should be made ac- cessible by the air carrier to whomever they may concern. Article 68 1. The Minister of Transport. in agreement with the Minister of Finance shall establish amid, in cases Provided for in international agreements to which Poland is a party. shall approve 1) The payment for air transport performed by Polish air carriers oii internationa.l lines. ~ ) The paymneiit. for regular air transport commencing and terminating in Poland performed by foreign air carriers. ~. The provisions of ~)aI~lgraph 1. shall also apply to pavment.s for services involved in tue air transport, as well as for the performance by aircraft of services other thami air transport. Article 69 1. An air carrier shall have no right~ to deny transportation to a ~leng~~' or to a slupl)er who complies with the transport regulations. ~. The provisions of paragraph 1 shall not apply 1) When transl)oltat iou is Prohibited or restricted by law, ~ ) When transportation is not. permitted for reasons of safety, 3) When the air carrier does not have at his disposal the means needed for the 1)erforniamice of a given transportation or when the tiamisportation would have to be performed outside of the regular service of the air line, 4 `\Viiemi the transportation exceeds the scope of activities of the air carrier. 1. An air carriel shall have a. lien on registered baggage and on goods to secure payment for transportation until the baggage or tile goods are in time possession of the air carrier or of a. person who keeps them in his name.. 2 The provisions of pararaph 1 shall not apply if the addressee is a State organization. PAGENO="0721" AIR LAWS AND TREATIES OF THE WORLD 2123 CHAPTER TWO-AVIATION-OTHER SERVICES Aiticle 71 1. A permit of the Minister of Transport. shall be required for the performance by aircraft of services other than air transport. ~. The Minister of rfI.ai1spoI~ shall issue regulations concerning granting permits, referred to in paragraph 1, and concerning the terms of performance of these services. PART SEVEN-CIVIL LIABILITY CHAPTER ONE-LIABILITY OF OPERATORS OF AIRCRAFT FOR DAMAGES CAUSED BY TRAFFIC OF THESE AIRCRAFT Aitcle 72 1. The liability of operators of aircraft for damages caused by the traffic of these aircraft. is regulated by the provisions of the civil law concerning liability for damages caused by the use of mechanical means of transport operated by the power of nature. It shall not apply to damages caused by air transport (Articles 74 to 77 and 86), and other air navigation services (Article 88). 2. There shall be no liability of damages resulting from the regular flight of an aircraft performed in conformity with existing regula- tions. ~4rti~le 73 1. A person operating an aircraft shall be liable for the damages referred to in Article 72. 2. A person Who uses an aircraft at the time When damage is caused shall be deemed to be operating the aircraft. 3. A person who transfers the right of use of an aircraft to another shall be deemed to be operating the aircraft if he reserves t.o himself the right to decide matters regarding the performance of the flight.. 4. A person who uses an aircraft himself or through persons acting for him even though they exceed the authority granted to them, shall be deemed to be using the aircraft. 5. A person registered in a proper aircraft register as the owner of an aircraft. shall be deemed the operator and shall be liable for dam- ages unless he proves that. some other person was the operator. 6. A person who unlawfully uses an aircraft shall be liable for dam- ages: the persons referred to in paragraphs 1 to 5, shall be jointly liable with t.he latter person unless they prove that the aircraft was used wit.hout their consent. 7. The persons guilty of the damage shall be jointly liable with the persons referred to in paragraphs 1 to 6. CHAPTER TWO-LIABILITY OF AIR CARRIERS 4vficie 74 An air carrier shall be liable for damages arising out of the death, mjury or any other bodily hurt, sustained by a passenger, if the acci- dent which caused the damage occurred aboard an aircraft or during any actions connected with entering or leaving the aircraft. Art;~7e 75 1. An air carrier shall he liable for dal1lages in case of total or partial loss of, or damage to registered baggage or goods, if the accident which caused the damage occurred during air transportation. 39-737-G~5---vo1. II-46 PAGENO="0722" 2124 AIR LAWS AND TREATIES OF THE WORLD 2. Air transportation shall include the period in which the baggage or goods are under the control of the air carrier whether they are on the aerodrorne, aboard the aircraft or an othe place in case of a land- ing out side the aerodrome.. 3. The period of air transportation shall not cover land, sea or river transportation I)e1fo1~1~~edl outside the aerodrome. However, when such transportation is performed pursuant to an air transport. contract, for the ptirpose of loading, delivery or transshipment, it shall be presumed that. the damage resulting from the accident occurred during air trails- port. Ait,(7E ~ Au air carrier shall be liable for damages in case. of total or partial loss )1 damage of hand baggage and of property for personal use of i he passenger caused by the carrier. Ai't;'7e 77 An air carrier shall be liable for damages resulting from delay In the air transportation of ~)asse1lgers, registered baggage and goods, if the time of transportation was expressly stipulated in the a ii trans- port contract. Art;c7e 78 An air carriei shall not l e hal he if lie ii~o~es that lie has taken all possible I)recaut ions to avoid damage. A it iele 79 1. The amount of total payineilt of damages with respect to each passenger (Article i-I), in the air transportation of passengers may not, exceed two hundred thousand zlotys. However, when an annuity is accorded instead of lump sum payment in whole or in pa1~t, its amount shall be determined in such a way that jointly with the lump sum payment of damages it. doe.s not. exceed the above amount during ten years. However, a passenge.r may establish a higher ceiling of dam- ages by a contract with the air carrier. 2. The amount of damages in air transportation for registered bag- gage, and goods may not exceed four hundred zlotys for one kilogram, unless the shipper at the time of delivery to the air carrier of the bag- gage or goods for transportation declare.s a higher sum and makes an adequate additional payment. In the latter case the air carrier shall be obliged to pay damages in the amount of the declared sum unless this sum exceeds the damage sustained. 3. In case of loss, damage or delay in transportation of a part of reg- istered baggage or goods, in establishing the amount of damages, only the weight of the piece or pieces affected by the damage shall be taken into account. How-ever, when the loss, damage or delay in transporta- tion of a part. of registered baggage or goods, decrease the value of the other pieces covered by the same transportation document, the total weight of these pieces shall be taken into account in establishing the amount of damages. 4. The amount. of damages in the air transportation of the hand baggage and articles referre.d to in Article ~6, may not exceed eight t.housani zlotys with respoc.t to each passenger. PAGENO="0723" AIR LAWS AND TREATIES OF THE WORLD 2125 A rti~ele 80 (`ontractual provisions aimed at the. relieving an air carrier from liability or at establishing damages lower than those referred to in Article 79, shall be null and void. The nullity of these. provisions shall not result in the nullity of the contract. Artkle 81 The limitations with regard to tile amount of damages shall not apply if the damage was caused by the air carrier intentionally or by gross negligence. ~i ,t~ 82 1. The limitations with regard to the amount of damages provide(l for in Article 79 shall also apply to pei~ons who caused the. (huilages referred t.o iii Articles 74 to 77 in the, performance of functions en- trusted to them by the air carrier. ~. In case of joint liability, joint damages payable by the air car- rier and per'sons referred to in paragraph 1, may not. exceed the ceiling provided for in Article 79. 3. The provisions of paragraph 1 ari(l ~ shall not ap~)lv if the dam- age. was caused by the persons referred to in paragraph I intentionally or ~v gross negligence. jrt;e7e 83 When the baggage or goods is accepted without reservation by the person entitled to them, it shall be. presllnie(l that t lìev were (tel ivere I in good shape and in accordance with the. transpoitat lull (lol.IIlIlent i t;~k 84 1. In air transportation perfon~ed sU(.cessively i)~ t\V() 01 1th)i(~ Ciii'- riers a. passenger may make a claim only against I lie, air carrier who performed the transportation ui tile course of which the accident caus- ing tile damage occurred unless the first air carrier is lial)le for the whole transportation according to tile contract. ~. In the air transportation of baggage and goods, the shipper iiiav iii:~ke a claim against tile first air carrier, tile. addressee, authorized for ae(eptance agamst tile last air carrier and both, in addition, agains.t the air carrier who pe.Iiorme(l the. trausport.atioii in tue course, of winch the accident causing the damage. occurred. The first. and tile. I a~t air carrier and tile carrier who pet'fol'IIledl the. transport at ion shall he jointly liable. 3. When an air carrier w-hio makes transportation contract, partially or totally entrusts tile performance of t.hi.s transportation to another carrier, the rights and the duties of the. actual carrier in the SCORe. of 1 lie transportatiomi performed by him shall be. the. same. as the righits and duties of the contractual caiTier provided for in the air law. Ailkie 83 When tile air transportation contracted for is not performed in whole or in part. the air carrier, irrespective, of his liability for dam ages referred to in Articles 74 to 77, shall be obliged to refund the cost of the incomplete transportation or to Perk 01111 other services for the injured person provided for in the regulations concerning air tramis- port.iit.i on - PAGENO="0724" 2126 AIR LAWS AND TREATIES OF THE WORLD Ait~'cle 86 When mail is totally lost, or damaged, or delivery is delayed, an air carrier shall be liable according to the provisions of the~ contract en- tered into with the commuilication establishment within the limits in which this establishment is liable to its patrons. Ai' t~'clc 87 When air transportation is performed by a person who is not an air carrier, the carrier shall be liable according to the provisions of the civil law. CHAPTER TIiREE~LIABILITY RELATED TO OTHER AIR SERVICES Artcle 88 In contracts involving performance of services other than air trans- portation. there may be inserted provisions defining the liability of the parties: however, these provisions. may not affect the rights of third persons accorded to them by the provisions of Articles T~ to 87. CHAPTER FOtR-CLAIMING DAMAGES Ai't;cle 89 1. The right to claim damages against an air carrier in arbitration or in court proceedings shall lie after the complaint proCeeding has been exhausted. 2. Complaints shall be filed within the following periods of time: 1) When registered baggage is damaged or part of it is lost, within three days from the day on which the baggage was ac- cepted. ~) When goods are damaged or part of them are lost, within seven days from the day on which the goods were accepted, 3) When registered baggage is totally lost, within one hundred and twenty days from the day on which this baggage should have been delivered to the person entitled to receive them, 4) When goods are totally lost, within one hundred and, twenty days from the day On which the transportation document was issued, 5) When hand baggage or the personal property of a passenger are partially or totally lost, within three days from the day on which air transportation was completed, 6) W~hen the air transportation of registered baggage or of goods is delayed, within fourteen days for the day on which they should have been delivered to the person entitled to receive them, 7) For the refund of payments and other air transportation fees, within thirty days a) When passenger transportation is involved, from the day on which the air ticket loses it validity, bi When transportation of baggage and goods is involved, from the day on which the transportation was paid for, un- less the provisions of item 3 or 4 apply. 3. When the complaint referred to in paragraph 2, is not filed, the claims shall be forfeited, unless damage was done wilfully by an air carrier. PAGENO="0725" AIR LAWS AND TREATIES OF THE WORLD 2127 4. An air carrier shall examine~ the complaint and notify the corn- i~1ainant how it was disposed of, within three months from the clay on which the complaint is filed. 5. The COmI)lainaflt may bring his case to arbitration or to a court proceeding if his complaint is even partially denied, or if he does not receive an answer to his complaint, within the time referred to in para- graph 4. 6. The seeking of damages referred to in Article 74, shall not. re- quire a prior exhausting of complaint proceedings. A i'tic7e 90 1. The statute. of limitations for danlages~ referred to in Articles 72 and 74 shall be three years from the day on which an accident occurred \vhicll caused the damage. 2. The statute of limitations for claims arising out of an air trans- portation contract shall be two years from the day on which the aircraft arrived or should have arrived at its destination or from the clay on which the air transportation ended. 3. The statute of limitations for claims arising out of air transporta- tion of mail (Article 86) and of contracts involving renditioii of air services other than air transportation (Article 88), shall be one year from the day on which the claims accrue. 4. The statute of limitations shall not run during the complaint proceedings. 5. The statute of limitations for claims for the refund of the. dam- ages paid for claims referred to in paragraphs 1 to 3 (refund claims) shall commence on the day on which the damages were paid. 6. The provisions of this Article shall not affect the provisions con- cerning economic government arbitration involving statutary limita- tions of claims. PART EIGhT-PENALTIES Ait;e7e 91 1. Any person who: 1) Contrary to Article. 21 flies an aircraft whose technical status does not fulfill requirements at the time when its certificate of technical fitness (inspection certificate) is issued or does not conform to the requirements or limitations referred to in the. certi- ficate of teclmical fitness (inspect iou certificate). 2) Contrary to Article 48: a) Performs aircraft tests flights or acrobatic flights over settlements or other populated centers, b) Drops articles froni an aircraft while in flight, 3) Violates the prohibitions or limitations concerning fli~rht, issued under Article 45 or in pursuance of Article 44. paragraph 3, shall be 1)unished by jail for a term not to exceed two years or by a fine not to exceed 5~).OU() zlotys. 2. Any person who, by not fulfilling the duties with which he is charged permits the actions referred to in paragraph 1 shall be. sub- ject t,o the same penalties. Aif ,~c7e 92 1. Any person who: 1) Violates the provisions of Article 18. paragiaph 7, Article 19. paragraph 1, Article ~1, paragraph 1, item 1, Article 34, para- PAGENO="0726" 2128 AIR LAWS AND TREATIES OF THE WORLD graph 1, Article 40. Article 49, Article 52, paragraphs 1, 2 or 3, Article 54, regulations issued in pursuance of Article 19, para- graph 2, Article 22, Article 31, item 3, Article 44, paragraph 3 or 4, Article 52, paragraph 4, Article 66, item 2 or regulations issued in pursuance of Article. 59. 9) Violates the regulations issued in pursuance of Article 2.0, p~uagrap1i 0, Article 31, item 1. letter b) , Article 31, item 2, Art.i- cle 34. paragraph 3. concerning air traffic regulations, 3) Lnintemitionally damages or renders unfit for use an aero- drome or aerodrome installations serving air traffic needs, -1) \Vilfuliv enters an aerodrome or drives cattle onto such area a~ainst. the pro1iibit~ons and warnings made public, by t.h aero- [lrome manager, by warning signs. or in some other way. ~lnil I he J)unis.lmed liv jail not to exceed three months or by a fine not to exceed 4.500 zlotys. 2. A person who, by not fulfilling the. duties with which lie is (110 rged, permits tlìe commission of the offenses referred to in 1)at~a- j~iapli I shall be subject to the same. penalties. 3. Adjudication iii the cases referred to in paragraphs 1 and 2 shall I e accor(ling to the penal -administrative procedure law. Penal-ad- ministrative collegia shall also administer penality by jail in such PART NINE-FINAL PRovIsIoNs Aitic7e 93 The. provisions of Articles 4 to 11, Article. 14, Article 16, Article 30, Article 44. paragraphs 2 to 5. Article 45. Article 48, paragraph 1. items 1 and 4 and paragraph 2. Article 49. Article 50, Article 52, Article 72. Article 73 and Article 92. paragraph 1, items 3 and 4, shall apply to Pol isli niil itarv a iieraft to Polish customs and Police aircraft : in addition. the provisions of Article -IS, paragraph I, items 2 and 3, shall apply 10 Po1i~h customs aircraft. [l'~elates to the ameu(lment of the Statute of March 22, 1957, Dr. U. No. 1 7. Law No. 80. Concerning the Changes in the Organisation of t lie supreme A~itiior~t jes of the Government Administration In Some. l-~iaiicTie~ of Industry. ( `oiistruction and Transport.] Jrt;c/c 9~ 1. `fhe following inc hereby repealed 1) The Order of the President. of the Republic of March 14. 1925, Dr. U. l~35, No. 09. Law No. 437 and 1945. No. -1-8. Law No. 273 and No. 50. Law No. 282. Concerning Air Law 2) [Relates to Article 6 of the Statute of February 26, 1951. D~. U No. 14. Law No. 108, No. 41. Law No. 310, and of 1957, No. 17. Law No. 86. Concerning the Organisation of Transport Authorities.] 2. The provisions now in effect shall retain their force until execu- tive orders are issued in ursuamice of the preseilt statute. ~i It/(75 9(1 TIme statute shall take effect on the. day of its promulgation. PAGENO="0727" AIR LAWS AND TREATIES OF THE WORLD 2129 OTTIER LEGISLATION IX FORCE IX POL\N1) 1. Executive Regulation of the Minister of Iransport of June 20, 1963, D2. U. No. 31, Law No. 177. Concerning Performitiice of inter- national Flights and Permanent ~tav of Polish A licrait Abroad and of Foreign Aircraft in Poland. 2. Executive RegulatiDn of The Minister of rIIflflSl)Oit of June 22, ~963. Dz. U. No. 31. Law No. 1if~. Conc.eiiiing the Polish grate Air- craft Register and Concerning Marks aiid i1Is(ript ions on Aircraft Equipment. PAGENO="0728" PAGENO="0729" PORTUGAL DECREE 13.537 CONCERNING AIR NAvIG~~TIox OF APRIL 27, 1927 1 Article 1. Portuguese and foreign aircraft flying in the airspace above the metropolitan and colonial Portuguese territory or the re- spective territorial waters shall comply strictly with the provisions of this decree. which has the force. of law. A iticle 2. Portuguese aircraft shall be deemed aircraft of the Portu- guese State or aircraft registered in Portugal. 1.) There may be registered in Portugal any aircraft owned exclusively by Portuguese citizens or corporations considered in law and in fact Portuguese: 2.) State aircraft shall be deemed military aircraft, aircraft in postal, customs, or police service and aircraft of other services of the public administration Article 3. All aircraft commanded by a military officer shall be deemed military aircraft. Article 4. Any Portuguese aircraft must be a State aircraft or musU comply with the following conditions in order to fly over Portuguese territory or territorial waters: a) It must be officially registered; h) It must bear visible markings of nationality and registra- tion; c) The crew must. have Portuguese nationality and must posses~i the requisite license except in special cases which are. duly justi- fied by an authorization. Article 5. The registration certificate and the licenses of the crew members must always be abroad the aircraft.. Article (7. Experimental test and training aircraft, or aircraft which do not fly farther than 5 km. from an airport or aircraft manufacturing plant. at which have a special license therefor, shall be exempt from presenting the registration certificate and from bearing nationality and registration markings. Instructors and test pilots within the limits of an airport shall he exempt from the requirement of a pilot license. Article 7. No aircraft. transporting passengers or cargo may fly over Portuguese territory and territorial waters unless it carries the docu- ments specified in Article 4, certificates of airworthiness and regular inspection, of examination prior to flight, of a. list of the names of passengers, of the regular log books kept up to date., and of customs documents. Article 8. Any aircraft transporting passengers or cargo shall take off and land at an authorized airport. 1 Published In Diana do Governo, April 27, 1927. Some provisions of this law have been superseded by later provisions. (See in/na `Other legislation In force." However, the D'~cree does not seem to have been abrogated. Ed. 2131 PAGENO="0730" 2132 AIR LAWS AND TREATIES OF THE WORLD Ai't;~7e .9. No 1)lace on Portuguese territory or on its territorial waters mar he used as airport. for aircraft transporting passengers or cargo and registered as such, unless it, complies with required con- ditions. A l't?elc 10. No aircraft mar carry mail or radio equipment without authorization from the Government in consultation with the General Admimstration of the Post and Telegraph Office.. 1.) Radio equipment must be operated hr crew members who have a special license therefor. 2.) Licenses to carry or use radio equipment must be kept aboard an(l on request must he presented with the other documents. A ~t;~i~ 11. Only military aircraft mar transport explosives, weap- on~ audi ammunit ion, or photographic equipment. Sole paragraph. In special cases, aircraft other than military air- craft. mar be out horizeci to use photographic equipment. Ai~t;c7e 12. Any Portuguese or foreign aircraft shall be l)roh~ibitedl a.) t.o fir over prohibited areas: 1)) to fir over any populated area whatever except. at. an altitude which enables it to land outside such area in case of power failure; e) to perform acrobatic or exhibition flights above populated areas or clo\vds e~:cept (lurIng duly authorized air shows: 0 ) to fi at low altitude near 1)ers~~ or l)uildhings e) to jettison other than regular ballast; f) to (1101) objects other thou mail on authorized airports in the case of a postal aircraft. 1 ~t;~/~ 1.3. ( )n landing and on take-off, the. authorities of jurisclic- ion shall have the ri2'ht to examine any aircraft. and to ascertain that it has the required documents. sole paragraph. This provision shall not apply to Stat.e aircraft. i f;~/~ 14. All aircraft of the Portuguese. State. shall hare the right of acce*~ to. and use of hangars and installations of airports authorized for public service. 1 ,t,'c/c 1.5. In peacetime the Government may authorize, foreign air- craft to fly over Portuguese territory and territorial waters and to agree with the State whose nationality such aircraft has on the coiiclitions (Teemed appropriate. J ~t;~7~ 16. \Vhen a foreign aircraft. lands on Portuguese territ.ory or territorial waters and desire.s to penetrate. further into Portuguese territory, ~t. must respect the provisions of law applicable to Portuguese aircraft or present documents corresponding to those required of Por- tuguese citizens. sole para~i-aph. Forced lancTin~s duly certified shall be exce.ptecl. A i~tie7e ii. No forei~n military aircraft may fly over Portuguese ter- ritory and territorial waters or land without express authorization from the Portuguese Government. Aircraft in such situations must respect the express conditions of the invitation or authorization. Avfiele 18. Expropriation necessary for the operation of air lines, or of the State. or of a public service, shall be deemed in the public interest. Ait~c7c 19. Regulations shall determine the conditions which must be complied with by aircraft transporting passengers, mail and bag- gage in Portugal or its colonies. PAGENO="0731" AIR LAWS AND TREATIES OF THE WORLD 2133 Ji~tie7e 20. Penalties to be imposed in case of violation of the pro- visions of this decree which has force of law, shall be specified by a special decree. Ai~ticie 21. Matters concerning commercial aviation shall be central- ized at. the Ministry of Commerce and Communications. Jiticle 22. The. Government may publish the regulations necessary for the application of this decree which has force of law. Ji~tk7e 23. All provisions in conflict with this decree are hereby abrogated. OTHER LEGIsr~i'Iox IN FORCE D.F.L. 19.681 of Apr11 30,1931 Establishes aviation restrictions for the safety of aircraft (Diaulo (/0 Goceino No. 102, 1st Series, May 2, 1931). D.F.L. 20~062 of October25,1930 Approves the Regulation of Air Navigation (Diauio do Governo No. 160, 1st Series, ,Julv 13, 1931). Contains 217 articles, implement- ing Decree 13.537, of April 27, 1927. Lior 1.938of31auch26,1936 Amends the Regulation of Air Navigation, re-writing the sole sec- tion of Article 9 and adding 3 paragraphs to Article 13. Lint' 1,975 of Apr11 4.1939 Regulates the establishment of motorless aviation services. 1iii"~ 30.813 of October 19. 1940 Approves the Regulation of Motorless Aviation, as provided for in Article 3 of Law 1.795 of April 4. 1939. i)ceuee-Lau,36.061 of Decem.ber27,1946 (Jianges the name of t.he Ministry of Public W~orks and Communica- tions to Ministry of Public Works. Creates the Ministry of Corn- Iliuuications. Establishes that the Secretariat, of Civil Aviation, its services and dependencies and the Technical Cabinet of the Civil Air- dromes, shall constitute the Directorate General of Civil Aviation. J)eiee-Liiw 36.319 of June 2,1947 Organizes the T)irectorate General of Civil Aviation (Central Serv- ices) created by Section 1, Article 2 of Decree-Law 36,061 of Decem- ber 2.7, 1946. Repeals Decrees-Laws 33, 967; 34,475 and 35,424 of September 22, 1944: April 2, 1945 and December 31, 1945 respectively. 1)P!Ee-LiFW 36. 619 of No cein her 24,1947 organizes the External Services of the Directorate General of Civil Aviation. Decree Lii w 36, 622 of No i'eln her 24. 1947 Fixes the rules governing the establishment of the national air- droine.s network and the interllal netw-ork of airdromes and airports the continent and in the overseas provinces. 1?cgii7at;on 13.132 of April 22, 1950 Reserves for national air transport. enterprises, the rendering of technical assistance at the Airports of Lisbon and Porto to aircraft PAGENO="0732" 2134 AIR LAWS AND TREATIES OF THE WORLD belonging to foreign enterprises which do not have private services for that purpose. w .J~.810 of JIay 8.19.50 i~egulates the apprenticeship in foreign air services of national students qualified in any branch of aviation. Opens a credit in the Ministry of Commimications to pay the expenses resulting from the enforcement of this Decree-Law. I~coa7~itioit 1.3.2.30 of July 20.1930 Approves air rules to be applicable to all national or foreign air- Sllil)5 operating with iii 1w limits of the Portuguese territory. Contains 44 articles, further implementing Decree 13,537 of April 27, 1927. 1Jceí-L~c .J(c.189 o~ here/u 3. 19.51 Amends some provisions of Decree-Law 27, 627 of April 3, 1937, concerning subsidies to prepare civilian pilots, to keep private pilots under training, to assure the creation and maintenance of airdromes, keel) schools of model planes in operation, and the transfer of aircraft to several entities. Rui7atioiu 1.3.493 Of Jpr~7 4. 1931 Regulates the granting of subsidies to keep under training, private pilots attached to the teaching and training center for military pilots or who are considered competent for admission in the Practical School of Aeronautics. I)e,i~-La?I' 38. 292 of Juiue 8. 1931 Authorizes the Minister of Communications to grant authority to exproprlate lands and the installation of services (hotels, restaurants, etc. ) in civil airdromes. R6I/'it~Ol~ 13.C81 of ~ptenu/~er 18. 1951 Re~iilates tlue granting of authority to expropriate lands and the installation of services in civil airdromes. Deeie-Law 38.444 of ~epteinl~r ~9. 1951 Authorizes the Government. in the manner expressed in the List of Inst ruction attached to this Decree-Law, to issue licenses for public service of air transportation of passengers, freight and mail. fi~T~ ?r .39.188 of Jpill2S. 1953 Authorizes the Minister of Communications to contract, according to the conditions added to this Decree-Law, for licenses for public service air transportation of passengers, freight. and mail, with certain airlines. Decree-Lauc 39.189 of April 25. 19.53 Introduces provisions to regulate the enforcement~ of Decree-Law 39,1SS, of the same date. Decree-Law 39.645 of ]Iay 11. 1934 Creates a Civil Aviation Seiv ~ce in each of the overseas provinces of Angola~ and Mozambique. directly under the respective Governors- (-~eneral. and technically attache(l to the Directorate-General of Civil Aviar~on. and establishes its function. Considers included in the pro- visions of this Decree-Law the air services of the provinces of Guin~, S. Tome. Principe and Timor. Repeals some legal provisions. PAGENO="0733" AIR LAWS AND TREATIES OF THE WORLD 2133 Decree-Law 40.274 of Augu.st 8, 195.5 Entrusts the Civil Aviation Service, of the State of India, with development of the establishment of Air Transport Service of that State. Decree-Law 41.281 of September 21. 19.57 Regulates the creation and functioning of civil organizations dedi- cated to the developing of pilots and pai~achiite jumpers and their respective duties. Regulation 16.819 of Auu.~t 11, 19.58 Approves rules for the enforcement of Decree-Law 41,~81, regulat.- ing the creating and functioning of civil organizations dedicated to the development of pilots and parachute jumpers and their respective practice. Decree-Law 41,891 of October 1. 1958 Regulates the transfer of specialized personnel of the Directorate- General of Civil Aviation to national airline companies. Decree-Law 42/171 of December 30. 1958 Brings up to date provisions related to the taking of photographs and films on board aircraft. Decree-Late 42.1 69 of March 2. 19.59 Creates the Aviation Council and establishes its jurisdiction and composition. Regulation 17.568 of February 2,1960 Orders the enforcement of rules for issuing aurliorizat ion for taking and publishing of aerial photographs amid films. Decree-Law 42.1)84 of May 1960 Authorizes the Minister of Communications to contract with the Socedade Jyrea.na. de Trancporfe.~ Aereo.~ (SATA). in accordance with the conclit ions appended to this Decree-Law, on the concession of the public service of air transportation of passengers, freight and mail. Decree-Law 43.808 of July 20. 1961 Regulates the creation and functioning in the overseas provinces, of civil aviation schools for pilots of motor and motorless (planadores) aircraft, civil schools for paratroopers. aviation clubs and civil orga- nizations or their sections which would be engaged in (aircraft model- ing) , air navigation, with or without motor, and parachute jumping. Reg.7at~m. 18.747 of September 28. 1961 Establishes regulations for the operation in the. overseas pI'omwes of civil aviation schools for pilots of motor powered and motorless airplanes, civil schools for paracluite ~umpei's. aviation clubs and civil organizations or their sections engaged iii aircraft modeling, air navi- gat ion, with or without motor, and parachum e jumping. Decree 43J?4G of October 3. 1961 Creates the Civil Aviation Service, in the province of Guin6 which shall be governed by the provisions of Decree-Law 39.645. PAGENO="0734" 2136 AIR LAWS AND TREATIES OF THE WORLD Decree-Law 43,96.~ of October14, 1961 Establishes a new criterion concerning the exemption and reduction of import duties in the Portuguese territory with respect to the con- tinent aiid adjacent islands. Makes it compulsory for State agencies, administrative bodies or corporations, and agencies of economic and corporate cooperation, to use certain routes for the transportation of merchandise weighing more than 1,000 kilograms. Creates the Com- mission of Coordination of Industrial Transportation. PAGENO="0735" FEDERATION OF RHODESIA AND NYASALAND ACT (No. 10, 1954)' To enable effect to he given to the International Con- vention on Civil Aviation and to make provision for the control, regulation, and orderly development of aviation within the Federation. Be it Em~ieted by the Queen's niost Excellent Majesty, by and with the advice and consent of the Federal As- sembly of the Federation of Rhodesia and Nyasaland, as follows :- 1. This Act may be cited as the Aviation Act, 1954, `~ shall come into force, and shall apply upon such dates and commence- and t.o such Territories as the Governor-General may by ment. notice in the Federal Gazette provide, and in so provid- ing the Governor-General may l)rovide for this Act to come~ into force at different times in different Territories. 2. In this Act, unless inconsistent with the context- erpretation "aerodrome" means any definite and limited ground or water area or any building used or in- tended to be used, either whoily or in part, for the landing or departure of aircraft; "aircraft" includes all flying niachines. aero- planes, seaplanes, flying boats, and other aircraft designed to be heavier than air, also all airships and balloons and other aircraft designed to be lighter than air; "Annex" means an Annex to the Convention or an amendment of such Annex adopted in accordance with the provisions of the Convention; "Convention" means the Convention on Interna- Civil Aviation drawn up at Chicago and signed on behalf of the Government of the United Kingdom on the 7th December, 1944, together with such amendments thereto as may be ratified from time to time on behalf of the Federation; "locally registered aircraft" means an aircra ft registered in the Federation; "Minister" means the Minister of Transport and Communications or any other Minister to whom the `Published in The Statute Law of the Federation of Rhodesia and Nyasaland, 1955. p. 2-33. Now : Rhodesia (S. Rhodesia Malawi (Nyasaland), an(1 Zambia (N. Rhodesia). 2137 PAGENO="0736" 2138 AIR LAWS AND TREATIES OF THE WORLD Governor-General may from time to time assign the admmistration of this Act: "owner", except where otherwise specially defined, means in relatioii to an aircraft or aerodrome the per- son in whose name the aircraft or aerodrorne is regis- tered, and includes any persoli who is or has been acting as agent. in the Federation for a foreign owner or any I)erso~~ li whom the aircraft or aeroclrome is hired at the time "l)roclalmlt ion means any proclamation made and in force under this Act; `superior or commissioned police officer" means any police officer of any police force iii the Federa- tion who is of or above the rank of assistant Superinten(leflt. ~ 3. (1) rrlle Convention is hereby given and shall have Civil Aviation effect. within the Federation. (~) Every amendment to the Convention which may Federation. be ratified ~n behalf of the Federation shall, as soon a~s may he after such ratification, be laid before the Federal Assembly. (:~) The Goveriior-General may do all such things as he may deem necessary and expedient for giving effect to the Convention, or to any Annex. Regulations. 4. (1) The Governor-General may make regulations relating to all or any of the following matters or things, namel v~ (a) the carrying out of, and giving effect to, the provisions of tIme Convention anti any Annex; (b) generally for securing the safety, efficiency, and regularity of air navigation and the safety of aircraft and of ~ and property carried therein, for preventing aircraft endangering other persons anti property and iii particular for the detention of aircraft. for any of the ~ specified in this paragraph: (c) prohibiting the flying of any aircraft- (i) unless there is in force in respect of such aircraft a certificate of airworthiness issued or recognized in accordance with regulations; and (ii) except upon compliance with such con- ditions as to mamtenance and repair as may be prescribed: (d) the licensing, registration, inspection, and regulation of aerodromes or other places set apart for the use of aircraft, the scales of charges at. li- censed aerodromes or at aerodromes established and maintained under the powers of section s~ of this Act, the licensing or certificatiomi of persons em- ploveci in the. inspection or supervision of aircraft., the registers and records to be kept at such aero- diomes and the manner in which they shall be. kept.. prohibiting or regulating the use of unlicensed PAGENO="0737" AIR LAWS AND PREATIE;S OF THE WORLD 2139 aerodromes, access to aerodromes, buildings on aero- dromes and the manner in which they shall be poses re.lated to air navigation, and places where aircraft ha.ve landed, and access to aircraft factories for the purpose of inspecting the work therein carried on; (e) prohibiting persons, other than persons en- gaged or employed in the maintenance at unlicensed aerodromes of aircraft not used for or in connexion with commercial, industrial, or other gainful pur- poses, from engaging in or being employed in or in connexion wit.h air navigation in such capacities as may be prescribed except in accordance with provisions of regulations: (f) the manner and conditions of the issue and renewal of any certificate or licence required under this Act or under the Convention, including the ex- amination and tests to be unde.rgone and the form, custody, production, cancellation, suspension, en- dorsement, and surrender of any such certificate or licence; (g) the keeping and form of t.he register of lo- cally registered aircraft; (h) the conditions under which aircraft may pass, or goods or passengers may be conveyed by aircraft into, within, or from the Federation; (1) prohibiting the carriage by air of goods of such classes as may be prescribed; (j) the areas within which or the aerodromes at which aircraft coming from any place outside the Federation shall land, and the areas within which or the aerodromes from which aircraft shall depart to any place outside the Federation; (k) the exemption from any of the provisions of this Act. or of the Convention of aircraft flown for experimental purposes, or any other aircraft or any persons, when it appears to t.he authority prescribed for the purpose unnecessary that such provisions should apply; (1) the fees to be paid in respect of the grant of any certificate or license or otherwise for the pur- poses of this Act or of the Convent.ion; (m) minimizing or prevent.ing interference with the use or effectiveness of apparatus used in connex- ion with air navigation, and prohibiting or regu- lat.ing the use bot.h of such apparatus and of the dis- play of signs and lights liable to endanger aircraft; (n) prohibiting or regulating the erection or the coming into existence of any obstruction exceeding a prescribed height within a prescribed distance from any aerodrome and enforcing or regulating the light- ing or marking of such obstructions; (o) the signals which may be made by aircraft and persons carried therein; 39-737 O-65-vol. II-47 PAGENO="0738" 2140 AIR LAWS AND TREATIES OF THE WORLD (p) requiring persons engaged in, or employed in, or in connexion with, air navigation to supply me- teorological information for the purposes of air navi- gation; (q) measures for preventing aircraft flying over prohibited areas or entering or leaving the Federa- tion in contravention of any provision of this Act; (r) the prevention of nuisances arising out of air navigation or aircraft factories, aerodromes, or other aircraft establishments; (s) the persons who shall notify accidents involv- ing aircraft. or arising out of or in the course of air navigation, the holding of enquiries either into such accidents or into any other matter relating to aircraft or air navigation, the procedure to be followed in notifying accidents and in holding enquiries, the duties, membership and composition of any board appointed to conduct such enquiries, and the appoint- ment and duties of persons to conduct investigations; (t.) prohibiting access to or interference with aircraft to which an accident. has occurred, and au- thorizing any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; (u) the manner and conditions of recognition of certificates of airworthiness, certificates of compe- tency, and licences issued or recognised by any State which is a party to the Convention, the renewal, ex- tension, or variation of such recognition, and the fees to be paid for such recognition, renewal, exten- sion, or variation: (v) authorizing or requiring the cancellation, suspension, endorsement, or surrender of any licence or certificate granted under this Act where it appears on an investigation that the licence ought to be can- celled, suspended, endorsed, or surrendered, and au- thorizing or requiring the production of any such licence for the purpose of being dealt with; (w) prohibiting or regulating, for the purpose of ensuring the safe operation of aircraft, the use in aircraft or aero engines of spare parts, instruments, accessories, or other materials which do not conform to prescribed specifications or standards of quality or manufacture: (x) regulating the use of the civil air ensign and any other ensign established by any of Her Majesty's Governments for purposes connected with air navi- gation; and generally for the better carrying out. of the objects and purposes of this Act, the generality of this provision not being limited by the particular matter provided in the preceding paragraphs of this subsection. PAGENO="0739" AIR LAWS AND TREATIES OF THE WORLD 2141 (2) Different regulations may be made for different. classes of aircraft, aerodromes, persons, or property, and for different parts of the Federation, but regulations shall as far as is practicable be so framed as not to dis- criminate in like circumstances between aircraft regis- tered in the Federation and operated for hire and reward. (3) Regulations made under this section may prescribe penalties for t.he contravention thereof or failure to com- ply therewith, may prescribe the mode of enforcing such penalties, and may also impose different penalties in case of a second or subsequent contravention or non-compli- ance, but no such penalty shall exceed t.he penalties men- t.ioned in section nineteen. 5. (1) In time of war, whether imminent or actual, or ~ec1aIPfower8 within six months after a state of war has ceased to exist, emer~ency. or in time of national emergency, the Governor-General may- (a) by proclamation in t.he Federal Gazette de- clare that the Federation, or any portion of the Fed- eration, shall be a restricted area for the purposes of this section; (b) issue orders and instructions in respect of any restricted area or part thereof- (i) regulating, restricting or prohibiting the navigation of all or any description of aircraft; (ii) providing for taking possession of and using for the purposes of any armed forces of the Crown any aerodrome, landing ground. air- craft, machinery, plant, material, or things found therein or thereon, and for the payment of compensation for such taking and use; (iii) regulating, restricting, or prohibiting the use, erection, building, maintenance, or es- tablishment of any ~erodrome, flying school, or landing ground, or any class or description thereof; (c) assign to any person in respect of any re- stricted area any of the powers set forth in para- graph (b). (2) Any person to whom is assigned the duty of carry- ing out and giving effect to orders and instructions issued under this section is hereby empowered to take all steps which are reasonable and necessary to secure compliance therewith, and no action for damages or compensation shall lie against the Federal Government or any such person for any loss or damage sustained on account of such steps having been taken. nor, save as is otherwise in this section provided, shall any compensation be pay- able by reason of the operation of any order or instruc- tion issued under this section. (3) Any person who refuses or, without good and proper cause, fails to comply with any order or instruc- tion made or issued under or by virtue of this section, or PAGENO="0740" 2142 AIR LAWS AND TREATIES OF THE WORLD who obstructs any person charged with the duty of carry- ing out and giving effect to any such order or instruction, shall be guilty of an offence and liable to a fine not ex- ceeding five hundred pounds, or to imprisonment for one year without the option of a fine, or to both such fine and such imprisonment. ~s~ablishment 6. The Minister may, out of moneys to be appro- maintenance priated by the Federal Legislature for the purpose, estab- ~o~es lish and ~naintain aerodromes and provide a.nd maintain roads and approaches thereto and apparatus and equip- ment therefor, and may, subject to the provisions of arti- cle 33 of the Constitution, for the purpose acquire land and interests in and rights to and over land. 7. (1) In the exercise of the powers conferred by land. section .tix. and subject to the provisions of article 33 of the Constitution and of subsections (2) and (3), any per- son duly authorized thereto by the Governor-General, or by any officer in the public, service of the Federation de.puted by the Governor-General to grant such authority on his behalf, shall at all times have the power- (a.) t.o enter upon any land or part thereof and conduct such examinations and surveys as are nec- essary for the purpose of determining its suitability for the establishment or extension of an aerodrome, aproaches thereto, or for the installation of appara- tus or equipment. therefor: (b) to take for the construction, extension or maintenance of an aerodrome materials from any land which is not included in any township which has been approved by the competent authority under any Federal or Territorial law relating to town plan- ning, subject to the c.ondit.ion that no damage is done to any permanent improvements on such land. (2) The powers conferred under this section shall not be exercised without previous notice to the owner or oc- cupier of the land or the ow-ner of the materials. If the whereabouts of an owner or occupier to whom notice must be given in terms of this subsection are unknown, the publication of a notice in three consecutive issues of the Federal Gazette and in three consecutive editions of a newspa.per circulating in the district w-here such land is situated stating the action proposed to be taken shall be deemed to be a sufficient notice to such owner or occupier for the purposes of this subsection. (3) Reasonable compensation shall be paid to any person who suffers loss or damage through the exercise of the powers conferred by this section in such amount as may be agreed between such person and the Minister. (4) In the event of any dispute arising under the provisions of subsection (3), such dispute shall be de- termined- (a) in the case of materials taken and damage caused to property in Southern Rhodesia, in terms PAGENO="0741" AIR LAWS AND TREATIES OF THE WORLD 2143 of the Lands and Arbitrations Clauses Act [Chap- ter 14] of Southern Rhodesia; (b) in the case of materials taken and damage caused to property in Northern Rhodesia or Nyasa- land, in terms of the law relating to arbitration in force in Northern Rhodesia or Nyasaland, as the case may be, and for that purpose the parties shall be deemed to be parties to a submission in which the reference is to two arbitrators. 8. (1) Any person duly authorized in terms of section d~~e seven may, in the discharge of his duties under such animals. section, and subject to the provisions of article 33 of the Constitution, place his vehicles, erect tents, huts, or temporary buildings on any site convenient to him, and graze for such period as may be necessary on all adjoining natural and unenclosed pasture lands such animals as are used by him in the exercise of his duties, subject to the conditions set out in sub-section (2). (2) (a) Before exercising the rights conferred under this section, such person shall give reasonable notice to the owner or occupier of such land, but if the where- abouts of such owner or occupier are unknown, the pub- lication of a notice in three consecutive issues of the Federal Gazette and in three consecutive editions of a newspaper circulating in the district where such land is situated stating the action proposed to be taken shall be deemed to be a sufficient notice to such owner or occupier for the purposes of this paragraph. (b) No tents, huts, or other temporary buildings shall be erected within five hundred yards of any dwelling house. (c) If the owner or occupier of such land to whom notice has been given in terms of paragraph (a) objects to any site chosen for the erection of tents, huts, or other temporary buildings, the matter shall be referred to a magistrate of the district, who may make such order thereon as he may deem just and reasonable. 9. (1) The Minister shall have power to construc.t ~j~°t such drains as may be necessary for the purpose of lead- drains. ing storm water, which would otherwise naturally gather or impinge on an aerodrome, to its nearest natural drainage. (2) If as a result of the construction of any such drain such storm water causes damage to any property, the Minister shall pay reasonable compensation to any per- son aggrieved. In the event of any dispute as to the cause of such damage or the amount of compensation, the matter shall be referred to arbitration in accordance with the provisions of subsection (4) of section ~ 10. The owner or occupier of any land adjoining any ~e°~ti aerodrome shall not cause or permit storm water to dis- to aerodrome charge from drains, or contour ridges constructed on such prohibited. land, on to such aerodrome. PAGENO="0742" 2144 AIR LAWS AND TREATIES OF THE WORLD Licensing and 11 (1) `co niace or building shall be used as a public registration of aerodronies. aerodrome uniess it has been registered and license under this Act or approved by a prescribed authority. (~2) For the purposes of this section, "public aero- drome" means any aerodrome at which charges are levied for the landing or housing of aircraft, or at which air- craft carrying passengers or goods for hire land or depart: Provided that a prescribed authority may, in such special circumstances and subject to such conditions or limitations as it may think fit, temporarily exempt any such aerodrome from this classification as a public aero- drome. nuis~nce'and 12. (1) No action shall lie in respect of trespass or in responsibility resl)ect of nuisance, by reason only of the flight of an air- for damage, craft over any property at a height above the ground, which, having regard to wind, weather and all the cir- dumstances of the case, is reasonable, or the ordinary incidents of such flight, so long as the provisions of this Act and of the Convention are duly complied with. (~) 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 respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect. or default~ of the owner of the aircraft: Provided that where materia.l loss or damage is caused as aforesaid in circumstances in which- (i) damages are recoverable in respect~ of the said loss or damage by virtue only of the foregoing provisions of this subsection; and (ii) a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage: the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage. Enqulres. 13. (1) Any hoard appointed to conduct any enquiry under the provisions of t.his Act shall, if the aScident Oc- curred or if the matter to be enquired int.o is situated within the Federation, have power to summon and ex- amine witnesses on oath and to call for the production and grant. inspection of books, logs, certificates, licences, and other documents. The laws and rules governing the inaglst rates' and subordinate courts of the. Territory in which the enquiry is being held shall rnutat~'.s' mutandi~ apply to* procuring the attendance of witnesses, t.heir examination, the production of books and document.s and the like., and for that. purpose the chairman of such PAGENO="0743" AIR LAWS AND TREATIEIS OF THE WORLD 2145 board shall have power to sign such documents as may be necessary for the purpose of the enquiry in the same manner as the magistrate or the clerk of the court has power to do under the rules of the magistrate's or sub- ordinate court. Xny process to be served for purposes of such an enquiry shall be served by the messenger of such court of the dist.rict in which the person upon whom service is made resides. (2) Nothing in this section contained shall be con- strued as affecting the powers or duties conferred upon coroners, magistrates, or justices of the peace by the pro- visions of any Territorial law relating to inquests, but where an accident involving loss of life is enquired into under this section by a coroner or magistrate, or by a board of which a coroner or magistrate is a member, the enquiry held under this Act may be a joint enquiry of the board and inquest of the coroner or magistrate. 14. (1) No mails shall be carried by any aircraft with- out the consent in writing of the Postmaster-General, and provisions. all provisions contained in any Federal or Territorial law or in any regulations made thereunder with regard to the dispatching, conveying, and delivering of mails and all incidental services relating thereto shall, with such modifications, adaptations and such consequential and supplementary provisions as may by the Minister be. de- clared by notice in the Federal Gazette. to be expedient and necessary, apply to the displacing, conveying, and delivering of mails by aircraft. (2) No radio-telegraphic or other system of tele- graphic or telephonic communication shall be installed, maintained, or operated in any aircraft or a.t. any aero- drome or landing ground except by the Postmaster-Gen- eraT, or under and in accordance with licences or other au- thorizations in respect of either or both personnel and apparatus granted or recognized by the Postmaster- General. (3) For the purposes of this section "Postmaster-Gen- eral" means the Postmaster-General of the Federal de- partment of posts and telegraphs, or, until such depart- ment has been established, the Postmaster-General of the Territory involved under the respective provisions of this section. 15. (1) `Where it. is alleged by any person interested ~c~rnR that a foreign aircraft, which is not, an aircraft to which craft not section gi.xteen applies, and which is making a passage ~odt:reted through or over the Federat.ion, infringes in itself or in convention. any part of it any invention, design, or model which is entitled to protection in the Federation, the High Court may, pending action to be brought, order the detention of such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum, in this sec- tion called t.he deposited sum, and upon such order being complied with the aircraft shall not, during the continu- PAGENO="0744" 2146 AIR LAWS AND TREATIES OF THE WORLD ance or in the course of the passage, be subject to further detention in respect of the same course of action. (2) The deposited sum shall be such a sum as may be agreed between the parties interested, or in default of agreement shall be fixed by the Court, and payment there- of shall be made or secured to the applicant in such man- ner as the parties may agree or the Court may direct. In giving judgment. in the action so to be brought by the claimant, the Court. shall grant an order as to the disposal of the deposited sum. (3) For the purposes of this section, the expression `owner" includes the actual owner of an aircraft and any person claiming through or under him, and the expres- sion "passage" includes all landings and stoppages in the course or for the purpose of a flight. ~ 16. (1) Any lawful entry into the Federation or any of certain lawful transit across the Federation with or without pt~cia~ms. landing of aircraft to which this section applies shall not entail any seizure or detention of such aircraft., or any proceedings being brought against the owner or oper- ator thereof, or any other interference therewith by or on behalf of any person in the Federation, on the ground that the construction, mechanism, parts, accessories, or operation of such aircraft is or are an infringement of any patent, design, or model. (2) The importation into, and storage in, the Federa- tion of spare parts and spare equipment for aircraft to which this sect.ion applies, and the use and installation thereof in the repair of any suc.h aircraft, shall not entail a.ny seizure or detention of such aircraft or of such spare parts or spare equipment, or any proceedings being brought against the owner or operator of such aircraft or the owner of such spare parts or spare equipment., or any other interference with such aircraft by or on behalf of any person in the Federat.ion on the ground that such spare parts or spare equipment or their installation is or are an infringement of any patent, design, or model: Provided that. this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in t.he Federation or are exported from the Federation for sale or distribution. (3) This section applies to aircraft other than aircraft used in military, customs, or police services registered in any country or territory in respect of which there is for the time being in force a declaration made by the Gover- nor-General by proclamation with a view to the fulfil- ment of the provisions of t.he Convention to which this section relates, that the benefits of these provisions apply to that country or t.hat territory and to such other air- craft. as the Governor-General ma.y by proclamation specify. 17. (1) If the owner, pilot, or person in charge of any aircraft commits any offence under this Act, or if reason- PAGENO="0745" AIR LAWS AND TREATIES OF THE WORLD 2147 able suspicion exists that such an offence has been com- mitted or attempted, or is about to be committed or attempted, any officer of customs or any superior or commissioned police officer of any police force in the Federation, or any other member of such police force when authorized by such superior or commissioned police officer may, pending the trial of the charge, detain the aircraft from or in respect of which the offence was or is about to be committed. Any person who, knowing of such detention, removes or causes to be removed any air- craft. so deta.ined shall be guilty of an offence and shall be liable to a fine not exceeding two hundred pounds, or to imprisonment for a period not exceeding twelve months without the opt.ion of a fine, or t.o both such fine and such imprisonment: Provided that where recognizances are entere.d into or security deposited to the satisfaction of the authority having power to demand and receive the same, that. au- thority may, if satisfied that. the ends of justice will not thereby be prejudiced, order the release of the aircraft from further detention. (2) No officer of the customs authorized to grant. clear- ance to any aircraft shall grant clearance to any air- craft while detained under the provisions of t.his section. 18. (1) `Where an aircraft is flown in such a manner Dangerous as to be the cause of unnecessary danger to any person or property on land or water, t.he pilot or the person in charge of the aircraft, and also the owner thereof unless he proves to the satisfact.ion of the court that the a.ircraft was so flown without his actual fault. or privity, shall be liable on conviction in any magistrate's or subordinate court to a fine not exceeding two hundred pounds, or to imprisonment, for a period not exceeding six months, or to both such fine a.nd such imprisonment. (2) The provisions of this section shall be in addition to and not. in derogation of the powers conferred upon the Governor-General by section fovr. 19. (1) Any person who contravenes or fails to comply Penalties. with any provision of this Act. with which it is his duty to comply shall be guilty of an offence and shall, except where any penalty is specially provided for such con- travention or failure, be liable to a fine not exceeding two hundred pounds, or t.o imprisonment without t.he option of a fine for a period not exceeding six months, or to both such fine and such imprisonment. (2) `Where an offence is committed in relation to an aircraft, the operat.or of the aircraft. and the person in command thereof, unless he is also t.he operator, shall, without. prejudice to the liability of any other person, be deemed to have committed such offence, unless he proves that the contravention or failure to comply- (a) was due to accident., stress of weather, or other unavoidable cause; or (b) took place without his actual fault or privity. PAGENO="0746" 2148 AIR LAWS AND TREATIES OF THE WORLD (3) The penalties provided in this Act shall be in ad- dition to, and not in substitution for, any penalties im- posed under any customs law or regulation, now or here- after in force, relating to the importation or exportation of goods and to persons entering or leaving the Federa- tion by aircraft. JurisdictIon. 20. Any offense under this Act and any offense com- mitted on a locally registered aircraft shall, for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed in any place where the accused happens to be: Provided that if any such offence is committed within the Federation, the offence may be tri~ed by any court hay- ino~ jurisdiction where the offence was committed. ~p~catIon ~1. (1) The provisions of this Act and of the Coiven- tion shall, except where expressly excluded under this Act or by proclamation or regulation, apply to- (a) all aircraft whilst in or over any part of the Federation; and (b) all locally registered aircraft and personnel wherever 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, and all other mem- bers of the crew of the aircraft. (2) Such provisions of this Act as may be specified by the Minister by notice in the Federal Gazette shall not apply to aircraft or aerodromes belonging to, or for the time being in use exclusively by, the armed forces of the Crown, or to aircraft or aerodromes belonging to or in the service of any of Her Majesty's Governments, while used exclusively for military purposes. Expenses in 22. Any expenditure incurred in connexion with the nistering administration of this Act, and the carrying out and giving effect to the provisions of the Convention, shall be defrayed out of moneys appropriated by the Federal Legislature for the purpose. Repeals. 23. The Governor-General may by notice in the Fed- eral Gazetter order that any legislation set out in the Schedule shall be revoked, and in so ordering may fix different dates for the revocation of different items in such Schedule. SCHEDULE (SECTION 23) SOUTHERN RHODESIA: The Aviation Act [Chapter 255], and any sub- sidiary legislation made thereunddr. NORTHERN RHODESIA AND NYASALAND: Any subsidiary legislation made in exercise of powers conferred under the Colonial Air Naviga- tion Orders, 1949 to 1953. PAGENO="0747" ROMANIA THE AIR CODE OF THE ROMANIAN PEOPLE'S REPUBLIC Approved by Decree No. 516 of December 5, 1953 1 CHAPTER I-GENERAL PROVISIONS Art. 1. The Romanian People's Republic shall have exclusive and complete sovereignty over its air space. The air space of the Romanian People's Republic shall be the space included within the borders and above the territory of the Romanian People's Republic. Art. 2. The air space of the Romanian Peopl&s Republic shall include: (a) the space of air traffic; (b) areas reserved for air operations; (c) prohibited areas. The "space of air traffic" shall be that portion of the air space, whether in the air or on the ground, which is designated for takeoffs and landings, and in which the operation of aircraft is permitted, regardless of the ownership or the nature of such flight activities. "Areas reserved for air operations" shall be such portions of the air space that are reserved for specific aeronautical activities (areas for schools, aeronautical sports, testing and certification of aircraft, and similar activities). "Prohibited areas" shall be those portions of the air space where aircraft do not have the right to fly. Areas reserved for air operations and prohibited areas shall be established by the ministries to be designated by decision of the Council of Ministers. ~Vithin the space of air traffic, conditional areas may be established in which aircraft may fly only if they observe certain conditions. Art. 3. Civil and military flight operations shall be carried out within the air space of the Romanian People's Republic. The provisions of this Code shall apply to all civilian flight activ- ities and to all persons and contrivances employed for such activities. Military flight activities shall be regulated by separate provisions. Art. 4. Civilian flight activities of the Romanian People's Repub- lic shall have as their purpose: a) the achievement and continual development of public air transportation ~or passengers and goods (public air traffic) b) the achievement and development~ of utilitarian aeronautics (air transportation) in support of the national economy and iii order to raise the living standard of the working people by serv- 1 Buletlnul Oficlal al Marl! Aclunarl Natlonale R.P.R. (Official Law Gazette of the Grand Natlunal A~emb1y of the R.P.R.) No. 56 of December 30, 1953. as amended by Decree No. 204, B.O. No. 15, May 11. 1956, and Decree No. 212, B.O. No. 17, June 20, 1959. 2149 PAGENO="0748" 2150 AIR LAWS AND TREATIES OF THE WORLD ing industry, agriculture, forestry, fishing, medical and health activities, scientific research, aerial photography, and similar activities; c) the achievement and development of aviation as a sport for the masses and for cultural and educational activities and exhibitions. Art. 5. Civil flying activities in the Romanian People's Republic shall be carried on under [the supervision of J the ministries and state institutions, people's councils, organizations, enterprises and private persons. The following shall be deemed the "Central Administration of Civil Aviation" within the meaning of this Code: ministries, institutions, organizations or enterprises which carry on civilian flight activities by virtue of special laws or international conventions and which have civil aviation activities under their supervision. The central units of civil aviation may carry out only such flights which form the object of their specific activities as stated in their laws of organization and functioning or in international conventions. Art. 6. The Ministry of Land, Sea and Air Transportation,2 through the general directorate of the civil air fleet, shall be the state agency which regulates, coordinates and controls all civil avia- tion activities in the air and on the ground within the space of air traffic of the Romanian People's Republic. Within the area reserved for civil aviation, air traffic for civil aviation activities shall be subject to the regulations and the control of the central unit for which the respective area has been reserved, provided that the minimum technical conditions established by the Ministry of Land, Sea and Air Transportation are complied with. Art. 7. International civil flight activities within the air space of the Romania.n People's Republic shall take place on air routes or in areas established for such activities. They shall be governed by the provisions of international air agreements and conventions concluded by the Romanian People's Republic, by the provisions of this Code, and in accordance with the decisions of the Council of Ministers and the flight regulations for the airspace of the Romanian People's Re- public, drawn up on the basis of these decisions. Art. 8. All civil aviation facilities in the Romanian People's Re- public, including airfields, structures and ground installations, shall be State property. The following shall be excepted: a) civil aircraft, flight equipment and air installations belong- ing to air transport enterprises established by international agree- ments concluded by the Romanian People's Republic; b) cooperative-collective property of civil aircraft, flight equipment, structures and aeronautical installations; c.) private civil aircraft and flight equipment. Art. 9. Civil aircraft, flight and airdrome equipment, civil air- fields, structures and installations shall be included in the inventory of the central organization of civil aviation, in accordance with their 2 The present title `Minietry of Land Sea and Air Transportation" was established by Article II of Decree No. 204. B.O. No. 15 of May 11, i956. The old title as mentioned in Decree No. 516. B.O. No. 52 of Dec. 8, 1953 was "Ministry of Sea and Air Transportation." PAGENO="0749" AIR LAWS AND TREATIES OF THE WORLD 2151 laws of organization and, with the provisions concerning the procure- ment of basic facilities and the transfer of the use of such facilities. For the achievement of their task, the agencies of State adminis- tration, orpnizations, and enterprises other than the central organi- zation of civil aviation, in conformity with the provisions of Article 5, paragraph 2, may acquire civil aircraft, flight and airdrome equip- ment, civil airfields, structures and installations, with the agreement of, and under the conditions for maintenance and use established by the Ministry of Land, Sea and Air Transportation. Private persons may acquire civil aircraft and flight equipment with the approval of the Ministry of Land, Sea and Air Transporta- tidn, which shall establish in ea~h case the conditions for their main- tenance and use. Aviation facilities mentioned in this article may not be mortgaged, pledged or form the object of law suits, irrespective of the nature of the debt. Art. 10. Romanian laws and regulations shall also apply to civil aircraft not registered in the Romanian People's Republic and to their flight crews and passengers on board, throughout the time of their flight within the air space of the Romanian People's Republic, with the exceptions established by international agreements and con- vent ions concluded by the Romanian People's Republic. Legal acts and events taking place on board civilian aircraft regis- tered in the Roman~an People's Republic, as well as the legal status of their cargo, during an international flight beyond the borders of the Romanhm People's Republic, shall be regulated by the laws of the Romanian People's Republic. Damage caused on the ground by Romanian civil aircraft or by Rornanian civil aircraft during an international flight beyond the borders of the Romanian People's Republic, shall be under the juris- diction of the State on whose territory the damage was caused, with the exception of the cases provided for by international agreements and conventions concluded by the Romanian People's Republic. CHAPTER IT-CIVIL AIRcRA~ Art. 11. All flying craft (heavier or lighter than air) used for the transportation of passengers or goods, with the exception of those air- craft held and used by the Air Force, shall be considered civil aircraft. The classification of civil aircraft shall be established in Annex No. 1 of this (1ode. Art. 12. The construction of civil aircraft may be undertaken in the Romanian People's Republic only in accordance with the prior tech- nical advice of the Ministry of Land, Sea and Air Transportation. Certification and acceptance of civil aircraft and the use of flight accessories shall be in accordance with the technical standards of per- formance in flight of civil aircraft, approved by an order issued by the Ministry of Land, Sea and AirTransportation. Art. 13. Any civil aircraft built in, or imported into the R.omariian People's Republic shall be attested to be airworthy by an airworthi- ness certificate issued for a specified period. The issuance, acknowledgement, extension and withdrawal of air- worthiness certificates for aircraft which fly within the air traffic space PAGENO="0750" 2152 AIR LAWS AND TREATiES OF THE WORLD shall be made by the Ministry of Land, Sea and Air Transportation according to the conditions established by this Ministry. For sporting gliders, parachutes and free balloons intended for sporting aviation, the issuance, acknowledgement., extension and with- drawal of airworthiness certificates shall be made by the central au- thority for sporting aviation. Catapults for launching civil aircraft shall be used only on the basis of certificates issued under the same conditions as airworthiness cer- tificates for civil aircraft. The Ministry of Land, Sea and Air Transportation shall keep records of all airworthiness certificates of civil aircraft listed in Article 13, Paragraph 2, built in, or imported into the Romanian People's Republic, in the register of records of airworthiness of civil aircraft. Art. 14. After issuing the certificates of airworthiness all civil air- craft~ shall be registered by the Ministry of Land, Sea, and Air Trans- portation in the sole book of registration of civil aircraft. Art. 15. All aircraft registered in the register of civil aircraft shall bear the nationality markings and the flag of the Romanian People's Republic, as described in Annex 2 of this Code. Following their registration, the Ministry of Land, Sea and Air Transportation, shall supply the aircraft with a registration certificate and with an identification mark. The nationality marking and the identification mark shall constitute the registration marks of civil air- craft and shall be applied to the fuselage so that they may be identified both from the. air and from the ground. In addition to their registra- ton marks, civil aircraft may also have applied to their fuselage, upon the approval of the Ministry of Land, Sea and Air Transportation, other marks, colors or inscriptions, on condition that these do not in- terfere with identification of the registration marks from the air or from the ground. A registration certificate shall be evidence of Romanian nationality and of the civil character of an aircraft built in the Romanian People's Republic or imported into it. Art. 16. The validity of the registration certificate of a Romanian civil aircraft shall cease as soon as the aircraft is removed from the register of civil aircraft by the Ministry of Land Sea and Air Trans- portation. The changes and modifications to which an aircraft has been sub- jected prior to removal [from the register] shall be recorded in the register of civil aircraft and in the respective registration certificate. They shall be deemed to have effect with respect~ to third parties only if these formalities are fulfilled. Whenever a civil aircraft has been registered in the Romanian Peo- ple's Republic, previous registrations of the same in the registers of other states shall no longer be recognized by the Romanian People's Republic. Likewise, the Romanian People's Republic shall not recog- nize the registration of Romanian civil aircraft in other states if they have. not been previously removed from the register of civil aircraft. Art 17. Takeoffs mind flights within the air traffic space of civil air- (raft. registered in the Romanian People's Republic may be made only [b planes] carrying flight documents. PAGENO="0751" AIR LAWS AND TREATIES OF THE WORLD 2153 The following flight documents shall be carried by civil aircraft within the air traffic space: the registration certificate; the airworthiness certificate; a flight plan and logbook or mission order, according to the nature of the flight; a radio license, radio logbook and telecommunications code manual for aircraft provided with radios. Aircraft which do not possess such documents shall be grounded by the competent agencies until special approval for taking off is given under the conditions established by the Ministry of Land, Sea and Air Transportation. At the airbase at which they are registered, civil aircraft shall also carry aircraft documents consisting of board and engine papers issued at the same time as the airworthiness certificate. Besides flight documents and aircraft documents, civil aircraft shall carry, according to the nature of their activity or mission, other specific documents (board documents) ; however, if such documents are lack- ing or are not in order, the aircraft shall not be grounded. The Ministry of Land, Sea and Air Transportation, together with the central authorities of civil aviation shall issue the forms for the flight documents, and shall establish the rules and the method of is- suing specific board documents, the flight log, the radio log, and the rules according to which entries shall be made in these [documents]. Licenses for radio sets on board civil aircraft shall be issued by the Ministry of Post and Telecommunications.3 All flight and aircraft documents of civil aircraft removed from the register of civil aviation shall be forwarded to the Ministry of Land, Sea arid Air Transportation within 15 days and kept on record for at least 5 years from the date of removal [from the registry]. CHAPTER Ill-CIVIL AVIATION PERSONNEL SECTION I-GENERAL PROVISIONS Art. 18. The civil aviation personnel of the Rumanian People's Republic shall be composed of: a) The flight crew: b) the ground crew. In order to become. a member of the civil aviation personnel of the Rumanian People's Republic and to fulfill the corresponding duties in flying or on the ground, the following shall be required 1. Rumanian citizenship; 2. A certificate of qualification. The certificate of qualification referred to in clause 2 of this article shall be a personal document issued and extended for periods of one year. The respective training, examinations and qualifications for the entire civil flight and ground personnel of tile Rnmaniin People's Republic shall he established and enforced by the Ministry of Road, Naval and Air Transport. with the exception of the training, examina- tions and qualifications for the flight and ground l)ersonnel in the The Ministry of Post and Telecomunicatlons became the Directorate of Post and Tele- communications within the framework of the Ministry of Transportation and Telecom- munications (Law No. 2, B.O. No. 11, March 28, 1957). PAGENO="0752" 2154 AIR LAWS AND TREATIES OF THE WORLD sporting aviation who carry on their activities in the areas reserved for sporting aviation as established and enforced by the central authorities of the sporting aviation. The psychologic.a.l and physical examinations of the civil aviation personnel shall be made exclusively by the medical center of civil aviation, organized within the Ministry of Land, Sea and Air Trans- portation which functions in collaboration with the Institute of Physi- ology of the Academy of the Rumanian People's Republic. The certificate of qualification of the entire air and ground person- nel in the civil aviation of the Rumanian People's Republic shall be issued, acknowledged, extended, exchanged, suspended or withdrawn by the Ministry of Land, Sea and Air Transportation, with the ex- ception of the certificate of qualification of the personnel in the sport- ing aviation of the Rumanian People's Republic which shall be issued, extended, exchanged, suspended or withdrawn by the central author- ity of the sporting aviation. The documents issued by the central authority of the sporting avia.t ion fo the air crew on performance-type gliders and free balloons shall be valid within the entire air space of the Rumanian People's Republic. Art. 19. The flight and ground personnel of the civil aviation of the Romanian People's Republic must, according to their qualifications, continually raise the level of their special technical training, both theoretical and practical, and must have up-to-date knowledge of air legislation. All this shall be checked when the documents of the civil air personnel are extended, acknowledged or exchanged. Art. ~O. It shall be compulsory for the civil aviation personnel to obtain certificates of qualification for the duration of the flight activ- ities of the flight crew and the ground activities of the ground personnel. The absence of a certificate or some irregularity therein shall result in the immediate suspension of activities of the member of the civil aviation personnel which shall last until the certificate is revalidated. Art. ~1. The civil aviation personnel shall be classified according to their specialty and qualification, and technical and practical train- ing, as established by the Ministry of Land, Sea and Air Transporta- tion in agreement with the competent. agencies. Art. ~. Citizens of other States may be granted permission to become members of the civil aviation personnel of the Romanian People's Republic on the basis of international agreements or con- ventions concluded by the Romanian People's Republic or on the basis of a permission given by the Ministry of Land, Sea and Air Transportation after consultation with the ministries concerned. Such persons shall be supplied with certifications of qualification as member of the civil aviation personnel in recognition of the docu- ments they hold. SECTION lI-FLIGHT CREW Art. p.9. The flight, crew shall include: A. The flight crew on board a civil aircraft: the pilot, navigator, radio operator, mechanic, and any other member of the crew partici- pating in the navigation of an aircraft. B. The technical or auxiliary staff on board a civil aircraft who are not members of the flight crew, hut exercise functions on board in PAGENO="0753" AIR LAWS AND TREATIES OF THE WORLD 2155 connection with passengers, cargo. or special apparatus of the air- craft while in flight., testing after repairs, current repair and mainte- nance of the aircraft and those who have control of a.ircraft with a view to issuing or extending certificates of airworthiness. The flight crew mentioned under letters A and B shall become pro- fessional upon its employment in its respective flight functions. Throughout the duration of their practical training, the students of flight crew training schools shall be included in the flight crew under conditions established by special provisions. Any other person on board a civil aircraft shall be considered a passenger and shall not be included in the flight crew. Art. 24. The document of qualification of a meiiiber of a flight crew must include the category, class and type of the aircraft on board which the holder of the respective document. may exercise his functions. Oniy a crewman qualified for passenger flights may work on air- craft carrying passengers. Art. 25. Beginning with the first flight carried out at a civil avia- tion school, the entire flight, activities of a flight crew must be recorded in an individual flight logbook, which must be completed and main- tained in accordance with the provisions in force. The flight logbook shall be a compulsory document for the estab- lishment of t.he length of service of the flight crew in order to calculate pensions and shall, whenever necessary, prove the flight activities of the holder. Crew, captain of an aircraft and pilot-captain on board Art. 26. Civil aircraft which, in addition to the pilot, require other personnel, shall employ the services of a crew. The crew of a civil aircraft shall include the crew and the technical or auxiliary staff on board. The participation of other persons besides the crew on board air- craft undergoing technical tests shall be prohibited. A certificate of airworthiness shall establish the composition of the crew of civil aircraft in accordance with their function, according to the class and category of the aircraft. Art. 27. The sole pilot or the first pilot of a civil aircraft, qualified for the category, class and type of the respective aircraft shall be its captain. The function of a captain of an aircraft shall begin when he takes over the aircraft in order to carry out a mission and shall last until the aircraft is returned upon completion of the mission. On board, the captain of the aircraft shall also exercise the function of the au- thorized official of the civil authorities and officer of the judiciary police [militia]. The captain of an aircraft which tows other aircraft shall also be t.he captain of t.he latter until it is released. Art. 28. The captain of an aircraft shall be re.sponsib~e for the prep- aration Qf each separate flight. For this purpose he must: a) establish, together with the entire crew, the details of navi- gation and flight and check the condition and the training of the crew; 39-737 O-65----~vo1. II-48 PAGENO="0754" 2156 AIR LAWS AXD TREATIES OF THE WORLD b) verify the flight documents of the aircraft; c) verify the technical condition of the aircraft, of its engines, and installations and equipment; d) check whether the aircraft has sufficient fuel and lubricants for carrying out the mission; e) verify the fulfillment of the conditions required by the certificate of airworthiness in respect. to the cargo and the ade- quate distribution of such cargo. The captain of the aircraft. must refuse to take off if he finds irreg- ularities when carrying out the tasks established by this article. Art. ~9. For the duration of the mission, the captain of an aircraft shall be responsible to the agency which entrusted him with the mis- sion, for carrying it. out satisfactorily, for strict observance of the provisions of the Code concerning flight, and the standards of air navi- gation, for the behaviour and discipline of the crew during the flight and on the ground, and for the use and maintenance in good condition of the aircraft while in flight. During stops or any other landings while on a mission, the responsi- bility of the captain of an aircraft for the aircraft, passengers and cargo shall cease as soon as the aircraft is handed over to the airport controller, after the entire crew and the passengers have left the plane. His responsibility shall begin again when he takes over the aircraft. On landing the. captain of an aircraft must turn over to the airport controller his aircraft documents and the documents on board. During the flight the captain of the aircraft may not transfer his authorit.y to other persons. If, however, during the flight or on the ground the captain of the aircraft. is prevented, by any cause whatso- ever, from exercising his functions, and if another person has not been appointed to replace him, the function of captain of the aircraft shall be exercised by the other members of the crew in t.he following order: pilot, navigator, mechanic, mechanic on board, wireless operator, aux- iliary staff. Art. 30. Instructions given by the captain of an aircraft during flight must be strictly observed by all persons in the aircraft. The captain of the aircraft. shall have unlimited disciplinary power for the purpose of satisfactorily fulfilling the mission and may take whatever measures he deems necessary against persons who fail to comply with his instruct.ions. He may land any member of t.he crew or any passenger at. an intermediary stop if [the taking of] such a measure is necessary for the safet.y of the flight and the maintenance of order in the aircraft. Likewise, if necessary to save the aircraft, he may order the jettisoning of ballast. In case of danger, the captain of an aircraft shall have the duty to take all necessary steps for saving the passengers, crew and cargo. He must. be the last to leave the aircraft. In case of an accident during the flight, the captain of a. civil air- craft. shall perform all his duties until the competent authority re- lieves him of the mission he was to have carried out. with the aircraft. Art. 31. If military action is directed against the Romanian Peo- pl&s Republic, the captain of a civil aircraft must. take all steps iiec- essary to prevent, the aircraft, the aircraft documents and the docu- ments on hoard, the ciew, the passengers and the cargo from being captured by the enemy. PAGENO="0755" AIR LAWS AND TREATIES OF THE WORLD 2157 Art. 32. On the grmmd. the captain of the aircraft shall have the following duties: a) to take necessary action in case his aircraft is held or in case steps are takeii concerning the crew, passengers or cargo; b) on behalf of the operator of the aircraft or of the owners of the goods on board, to take any steps necessary and indis- pensable for carrying out or continuing the flight in good condi- tion. For this purpose the captain of the aircraft shall have the right to sign documents or agreements. In case of damage, forced landing, etc. the captain of an aircraft shall be entitled to take all the steps demanded by the situation, justi- fying them later and taking into account. the interests of the operator of the aircraft and of the owners of the goods on board. Unless he has special authorization to do so, the captain of an air- cra.ft may in no event alienate the aircraft, parts of the aircraft or any other property included in its inventory. Art. 33. By virtue of the except ion of Article 2T, a person other than the sole pilot or first pilot of an aircraft may be appointed as captain of the aircraft. In this case the sole pilot or first pilot of the aircraft may exercise the function of pilot-captain. The duties and responsibilities for carrying out a mission shall be divided between the captain of the aircraft and the pilot-captain as follows: From the time of taking off until the landing, the pilot-captain shall be entrusted with and shall be responsible for the technical direction of the aircraft. and its safety during the flight, and may take any steps [necessary] for the achievement of the safety of the flight. In case of danger he shall be the last to leave the aircraft: In accordance with the provisions of this Code. the. captain of the aircraft shall be entrusted w-ith, and responsible for the carrying out of the mission in good condition in respect to all other operations which do not concern the actual direction ~u~d safety of the aircraft while in flight. In flights for the testing and t~c.hnical inspection of an aircraft or with a view to issuing or extediiig the certificate of airworthiness, the technicia.n who carries out ~ operations shall also he the captain of the aircraft. SECTTON III-GROTJND CREW Art. 34. The ground crew who may exercise aeronautical functions on a civil a rdrome in the Bomanian People~s Republic shall include the tech- nical ground personnel qualified for the category and class of the re- spective airdrome who directly participate in the technical prepara- tion, direction and maintenance of flight safety over the airdrome and within the area of the airdome. The management of the aeronautical activities of a civil airdrome shall be assigned to the airdrome (out ioller. The technical staff in charge of the installation for the safety of air navigation within the territory, outside the zone of the airdironle, shall be assimilated to the airdrome staff. The Ministry of Land, Sea and Air Transportation shall establish according to functions, the minimum qualification and duties of the ground crew of civil airdioiiies open to public traffic (airports), in PAGENO="0756" 2158 AIR LAWS AND TREATIES OF THE WORLD accordance with the provisions of Article 44 of this Code, and the com- position and duties of the ground crew outside the airdrome~ zones which is in charge of safety installations for air travel in the Roman- ian People's Republic. The standards regarding such personnel shall be applied in accord- ance with the laws in force. Art. 35. The airdrome controller of a civil airdrome shall perform the fol- lowing tasks: 1. direct all flight activities in the air and on the ground, within the airdrome and within the airdrome zone; 2. administer the area included in the inventory of the air- drome on behalf of its operator. 3. insure that the measures taken in accordance with Article 47, for clearing areas of obstacles endangering air navigation are ob- served. The airdrome controller must be thoroughly acquainted with all ad- ministrative, topographical and climatic conditions of his airdrome and airdrome zone. Within airdromes open to public air traffic the controller of the air- drome shall be the agency of the Ministry of Land, Sea and Air Trans- ports. Within other airdromes, the airdrome controllers shall be sub- ordinate to the central agencies of civil aviation which operate the respective airdromes. For civil aviation areas operated in accordance with the provisions of Article 9, Paragraph 2 of this Code, management of the aero- nautical activities shall be carried out in accordance with special instructions given, according to circumstances, by the Ministry of Land, Sea and Air Transports. The airdrome controller may delegate his functions to technical agencies subordinate to him. In bad weather conditions the takeoff and landing operations shall be carried out under the direction of the airdrome controller. In the absence of the airdrome controller or if he is unable to per- form his duties, the duties of the controller shall be performed by the superintendent, of air traffic if no other person has previously been appointed to replace him. As regards installations for the safety of air traffic installed outside the airdrome zones, and which are operated by a ground crew, the heads of such stations shall direct and administer all activities of such installations. Art. 36. The airdrome controller shall have authority over the en- tire technical and administrative staff of the airdrome and the civil or military guards of the airdrome, with the exception of the customs, health, and military agencies which function in accordance with in- structions issued by the administrative authorities to which they belong. The instructions issued by the controller in the exercise of his duties shall be binding for all persons during the navigation of aircraft within the zone. All crews of civil aircraft, regardless of the category or the unit to which they belong, shall be subordinate to the airdrome controller. Art. 37. The airdrome controller shall hold the seal of the airdrome and shall be the only person entitled to issue visas before the takeoff PAGENO="0757" AIR LAWS AND TREATIES OF THE WORLD 2159 or landing on the basis of aircraft documents submitted by the cap- tains of aircraft. He shall be responsible for the accuracy of the verifications made when granting such visas. The airdrome con- troller shall be entitled to retain any aircraft if he finds any lack of [information] or any irregularity ill the aircraft. documents or if this is necessary as a preventive measure for tile safety of the flight. The airdrome controller shall be responsible for the successful per- formance of all aeronautical activities within his jurisdiction, for the strict observance of the rules of air and airport traffic, for tile behavior and discipline of tile agencies under him, and for tile good function- ing of all airdrome installations and those within the airdrome zone, necessary for the carrying out of the respective activities. He may take any steps [necessary~ for removing danger or obstacles danger- ous to air navigation. Art. 38. Within the airdrome tile responsibility of tile airdrome controller as regards aircraft, crews, passengers and cargo shall begin, in ac- cordance with Article 29, as soon as tile respOilsibility of the captain of the aircraft c.eases, and shall end as follows: As regards passengers and cargo: when they leave the airdrome in domestic flights, and on delivering them to the customs agen- cies, in international flights; As regards aircraft; when handing them over to the military authorities at. the airdrome after the crew has left. the aircraft and the aircraft has been closed in the presence of its captain and placed in the hangar. Art. 39. The airdrome controller must make a written report in case of disregard or infringements of aeronautical provisions and for- ward them without delay to his supervisory authority and to the Ministry of Land. Sea and Air Transportation. SECTION IV-LABOR CONDITIONS AND RIGHTS OF PERSONNEL Flight personnel in civil aviation Art. 40. By derogation from tile provisions of common law, the professional flight personnel in civil aviat.ion shall enjoy, for the strain caused by the efforts and risks of flying, special working con- ditions, allowances for flight, the protection and stimulation of work, rest, insurance in case of death or of inability to work, and old-age pensions, established by special laws. By "old-age pensions" of professional flight personnel in civil avia- tion shall be understood a pension to which flight personnel are en- titled after reaching the length of service calculated on the basis of strain in aeronautical work, without also requiring any age limit. Any member of tile professional flight personnel in civil aviation who loses his ability to work while on dut.y shall, in case of an air accident or industrial disease, be granted a iligher disability pension. Likewise, the family of a member of tile professional flight personnel in civil aviation who dies while on duty, shall be granted a higher pension for the loss of the breadwinner. Such pensions shall be estab- lished by special laws. The Ministry of Land, Sea and Air Transportation shall establish, according to functions, the minimum qualifications and duties of the PAGENO="0758" 2160 AIR LAWS AXD TREATIES OF THE WORLD ground crew of civil airdromes open for public air traffic, in ac- cordance with the provisions of Article 44 of this Code, and the qualifications and duties of the ground crew outside the airdrome zones who are in charge of safety installations for air navigation in the Romanian People's Republic. Art. 41. The entire civil flight personnel in the Romanian People's Republic shall wear, while performing their duties, the uniform of civil aviation established by regulations to be approved by the Coun- cil of Ministers. CHAPTER IV.-AREAS OF CIVIL AVIATION Art. 42. Civil aircraft may take off and land in the Romanian Peo- ple's Republic only in areas designated for civil aviation in accordance with the provisions of this Code. Such areas, generally called "civil aviation areas" are airdromes and working or auxiliary areas. Areas designated, even for a limited time, for the takeoff and land- ing of civil aircraft, and equipped with the structures and installations necessary for air traffic (aeronautical structures) shall be "airdromes." Airdromes equipped with structures and installations necessary for public passenger and freight tran~port~ (public air traffic) shall be ~`airports." Areas marked for flying, but not~ equipped with any buildings, or equipped with only a few structures and installations necessary for aeronautical activities, shall be "working areas" or "auxiliary areas." Notwithstanding the provisions of this article, civil aircraft may takeoff or land in any area within the territory of the Romanian Peo- ple's Republic in the following cases: a) a forced landing; h) carrying out special missions specified in the aircraft log- book~ c) performance flights of gliders or free balloons. Art. 43. Agencies must obtain the permission of the Ministry of Land. Sea and Air Transportation in order to establish the location of civil aviation areas in the Romanian People's Republic and test them within the space of air traffic. Art. 44. An area shall become a civil aviation area after it has been declared as such, and may be used by aircraft only after it has been officially approved and opened for air traffic. Civil aviation areas sub- ject to experiments with a view to being officially approved for air traffic shall be used only by civil aircraft with which such experiments are being carried out. Civil aviation areas designated for public air traffic or freight trans- port and those operated in accordance with Article 9, Paragraph 2, shall be declared as civil aviation areas, tested, approved for air traf- fic or closed for such traffic by the Ministry of Land, Sea and Air Transportation. Civil airdromes shall be opened to public air traffic (airports) or closed to such traffic by order of the Ministry of Land, Sea and Air Transportation after previous consultation with the ministries concerned. PAGENO="0759" AIR LAWS AND TREATIES OF THE WORLD 2161 Civil airdromes open to domestic public air traffic may be opened to international air traffic if they fulfill the conditions demanded by the international standards for air navigation and traffic. Areas designed for air freight transport and those held in accord- ance with Art. 9, Par. 2, shall be opened to air traffic by the Ministry of Land, Sea and Air Transportation. Civil aviation areas not provided for in paragraphs 2, 3 and 5 of this article shall be declared civil aviation areas, tested and officially approved for air traffic or withdrawn from such traffic by the central authorities of civil aviation under the minimum technical conditions established by the Ministry of Land, Sea and Air Transportation, with the approval of that Ministry and with the advice of the min- istries concerned. Areas approved for air traffic shall be grouped by categories and classes according to their destination and their capacity of use, under the technical conditions established by the Ministry of Land, Sea and Air Transportation. Civil aviation areas assigned and classified may be opened and used for air traffic only on the basis of certificates valid for one year, which are issued, extended, suspended or withdrawn by the central units of civil aviation mentioned in Paragraphs 2, 5 and 6 of this Article. Art. 45. Civil airdromes open to public air traffic (airports) shall be established, equipped and maintained by the Ministry of Land, Sea and Air Transportation. The areas controlled by the central administration of civil aviation shall be established, equipped and maintained by their administrators in accordance with the technical conditions established by the Ministry of Land, Sea and Air Transportation, in consideration of the category and class of the respective areas. On airdromes open to public air traffic (airports) where several civil aeronautical activities are carried out, some of which are not public air traffic, the central administration of aviation may, with the ap- proval of the Ministry of Land, Sea and Air Transportation, set up * structures and installations necessary for their activities, provided such structures and installations do not endanger the safety of air communications and transports. Areas designed for air freight transports and those operated under the conditions established in Article 9, Paragraph 2, shall be set up, equipped, and maintained by their administrators under t.he direct guidance of the Ministry of Land, Sea and Air Transportation. Com- munal and district [regional] areas designed for air freight transports shall be set up and maintained by the People's Councils. All civil airdromes in the Romanian People's Republic shall be set up on the basis of studies and geot.echnical surveys, the results of which shall be entered on the certificate of official approval and classi- fication cards of these airdromes. Structures and installations for the safety of air operations out.- side an airdrome may be set up and used for civil aviation only with the approval of the Ministry of Land, Sea and Air Transportation under the technical and organizational conditions established by this Ministiy. PAGENO="0760" 2162 AIR LAWS AND TREATIES OF THE WORLD In order to speed up the improvement of towns in the Romanian People's Republic, the People's Councils may participate in setting up, equipping and maintaining civil aviation areas by agreement, accord- ing to circumstances with the administrators of such areas. Art. 46. Any of the areas officially approved by the civil aviation authorities of the Romanian People's Republic may be transferred by the Ministry of Land, Sea and Air Transportation from a higher class and category to a lower class and category if the area 1S found to be no longer suitable for classification, setting up equipment or minimum maintenance. The Ministry of Land, Sea and Air Trans- portation also shall have the right to suspend, for a limited or un- limited period, the use of ground installations of any kind designed for civil aviation, if the emplacement or functioning of such installa- tions does not correspond to the conditions established for the safety of air navigation and circulation. In such cases the Ministry of Land, Sea and Air Transportation may extend the facilities, struc- tures and installations of civil aviation on the entire territory in- cluded within the space of air circulation, or change them in any way, with a view to achieving safety of the air transports and communications. Art. 47. For the safety of the takeoff and landing of aircraft and in order to ensure the adequate use of aeronautical facilities, struc- tures and installations on the territory, safety zones shall be estab- lished on and around the civil aviation areas as soon as they have been declared civil aviation areas in accordance with their purpose. The conditions for establishing, according to various categories of air- dromes, the zones which must be cleared of obstacles (aeronautical encumbrances), shall be specified in instructions issued by the Min- istry of Land, Sea and Air Transportation, to be issued in agreement with the ministries concerned. Authorization has been given to cultivate within the areas of airdromes only plants which serve to prevent erosion and maintain such areas. Areas shall also be cleared of obstacles while they are being tested for civil aviation, for a maximum period of one year after they have been chosen. Improvements, structures and installations, set up or maintained by agencies other than those of the Ministry of Land, Sea and Air Trans- portation, in disregard of the provisions of this Article may be re- moved or reduced as directed in presidential orders. Art. 48. Electrical structures and installations or radio stations likely to disturb radio communications of civil aviation may be set up and used within the zones of airdromes open for public air traffic or in the neighbourhood of aeronautical installations on airways only with the approval of the Ministry of Land, Sea and Air Transporta- tion. New structures and radio installations for civil aviation and new civil airdromes to be equipped with radio installations shall be set up by the Ministry of Land, Sea and Air Transportation in agreement with the Ministry of Post and Telecommunications ~ and with the State Planning Committee. Art. 48. The use of civil airdromes and aeronautical installations See note 3 ~upra. PAGENO="0761" AIR LAWS AND TREATIES OF THE WORLD 2163 within the territory of the Romanian People's Republic shall be trans- ferred, terminated, or their purpose changed in accordance with the legal provisions in force and with the approval of the Ministry of Land, Sea and Air Transportation. If a central administration of civil aviation ceases to use aeronauti- cal installations on airdromes or contiguous to airdromes, without transferring them to other central administrations of civil aviation, such installations shall be handed over for use to the Ministry of Land, Sea and Air Transportation. Art. 50. The areas of civil airdromes open for public air traffic (airports), together with all their buildings, shall be handed over to the Ministry of Land, Sea and Air Transportation. Art. 51. The People's Councils, the ministries, institutions, organ- izations and enterprises concerned with the planning and urban development of towns in the Romanian People's Republic shall submit for the approval of the Ministry of Land, Sea and Air Transportation all their plans regarding the setting up, equipment, clearing of ob- stacles and organization of areas for civil aviation in the Romanian People's Republic before finally deciding on them. Art. 5~. The provisions of this Code which refer to civil aviation areas shall apply, by analogy, also to civil seaplane terminals and water landing places which can be used by civil aircraft. CHAPTER V-AIR TRAFFIC SECTION 1-GENERAL PROVISIONS Art. 53. Civil aircraft, singly or in groups, may fly within the air space of the Romanian People's Republic in accordance. with t.he pro- visions of this Code and with the technical standards established by the Ministry of Land, Sea and Air Transportation, as well as accord- ing to the decisions of the Council of Ministers and the regulations concerning flight within the air space of the R.omanian People's Republic, established on the basis of these decisions. The regulations concerning flight within the air space of the Romanian People's Republic shall be established by the ministries to be indicated by decisions of the Council of Ministers. Civil seaplanes while on tile water shall be subject to the legal provi- sions which apply to sea. or river vessels. Art. 54. Flights of civil aircraft within the air space of the Romanian People's Republic shall be determined according to: a) the weather and visibility conditions; b) the distance which an aircraft is flying. calculated from the airport from which it t.akes off; c) its regularity. According to weather and visibility conditions the flights shall be classified as follows: flights with visibility (or visual navigation) and instrument flights (flights with reduced visibility). Night flights and flights over the sea outside territorial w-aters shall be considered instrument flights. Flight by night shall be understood to be the flight of a civil aircraft. between sunset and sunrise (accord- in~ to the official time of the territory over which tile aircraft is flying). PAGENO="0762" 2164 AIR LAWS AND TREATIES OF THE WORLD Flights shall be classified according to the distance which the air- craft flies calculated from the airport from which it takes off: a) flights within the airport area, i.e., over the airport and within the surrounding area established for each airport sepa- rately; b) flights outside the airport area. According to their regularity, flights shall be classified as follows: a) scheduled flights according to time-table and itineraries established in advance; b) non-scheduled flights, according to demand or necessity on any itinerary authorized within the air space (air routes). Flights outside the airport area, scheduled or non-scheduled, may be domestic. or international. To ensure the safety of flights outside the airport areas, a system of air routes, along which permanent radio protection of aircraft is to he established, shall be set up in the Romanian People's Republic on the flight routes normally used by aircraft. Domestic and interna- tional air routes of the Romanian People's Republic shall be estab- lished by the rules and regulations of flying within the airspace of the Romanian People's Republic. Scheduled flights by all civil aircraft in the Romanian People's Republic, regardless of their kind and nationality, must follow the air routes. Art. 55. All flights within the air routes, outside the areas of air fields, may be carried out only in accordance with a flight plan, regard- less of the purpose of the flights or the conditions under which they are to be carried out. Such flight plan shall be drawn up by the captain of the aircraft and approved by the airport commander. Art. 56. No aircraft may take off without the authorization of the airfield commander, granted after inspection of the aircraft documents and compliance with the conditions established in the certificate of air- worthiness with respect to the cargo and its distribution in the aircraft. For special transports, as provided for in Art. 80(c), the airport com- mander may approve the takeoff of aircraft on [the basis] of a simple statement by the captain of the aircraft concerning its mission and cargo without verifying it; the captain shall, in this case, be alone responsible for the. accuracy of his statement. During flights outside of airfield areas the captain of the aircraft shall enter in the aircraft log-book all events that happen on board or are observed from aboard the aircraft~ while carrying out his mission, and he shall be held responsible for the accuracy of his entries. These entries shall represent official evidence before all authorities in estab- lishing the respective acts and facts. Art. 57. Within the air routes civil aircraft which carry no radio aboard shall fly only under visual flight rules. In flights under visual flight~ rules the captain of the aircraft (the pilot-captain on board) shall have the initiative as regards piloting his aircraft, in accordance with the rules and regulations for air traffic. `Within the airfield areas the captain of the aircraft (the pilot-captain on board) shall observe, in regard to taking off and landing, the in- structions of the airfield commander or of his deputies, and he shall be responsible for their application. PAGENO="0763" AIR LAWS AND TREATIES OF THE WORLD 2165 In instrument flights the captain of the aircraft (the pilot-captain on board) shall strictly follow the instructions of the agencies in charge of air traffic safety and he shall be responsible for the strict application thereof. In case of interruption or the impossibility of establishing air-ground communications, the captain of the aircraft shall observe the flight instructions until the first airport indicated for a landing is reached. The captain of the aircraft may not deviate from the rules and regu- lations for air traffic during flight or while on the ground except in cases of exceptional weather or technical conditions or in order to avoid an imminent danger; in such cases he shall communicate his deviation without delay by radio and justify his decision when the mission is accomplished. Technical test flights or tests for official acceptance and certification of aircraft, engines or board installations, and the movements of air- craft with a view to their repair, shall be carried out within the air routes with the approval of the Ministry of Land, Sea and Air Trans- portation. Performance and training gliders which carry on testing flights in the clouds shall be exempt from the provisions of Paragraph 1 of this Article, and their flight under instrument rules shall be regulated by special provisions in respect to the safety of air navigation. Art. 58. During flights over populated areas or crowded places (gatherings, open-air theatres, etc.) civil aircraft shall maintain an altitude which makes possible power-off landings on airfields or out- side populated areas without risk. Safe altitudes, both over populated areas or crowded places, and along the route, shall be established by the rules and regulations for air traffic. Art. 59. During flights, any action or manoeuvre on board which might endanger the situation of the aircraft, its passengers and cargo or of persons and property on the ground, and which is not caused by an imminent danger to the safety of the flight, shall be prohibited. Air acrobatics within the air routes without the permission of the Ministry of Land, Sea and Air Transportation shall be prohibited. Unless permitted by the Ministry of Land, Sea and Air Transpor- tation or by the central authority of civil aviation to w-hich the air- craft belong it shall be prohibited to jettison any object from civil air- craft, with the exception of ballast, as provided for in Article 30, or where necessary for the navigation of free balloons, as established by the rules and regulations in regard to the traffic for balloons and parachutes, to tow another aircraft or object of any kind (panels, posters, etc.), or to jettison or pick up in flight objects of any kind not mentioned in the board documents of the aircraft. The jettisoning or the falling of objects of any kind from aboard aircraft shall give a right to compensation for the damage caused on the ground, regardless of the causes which determined such jettison- ing or falling. Art. 60. Regardless of the authorities to which it belongs or tile nature of its flying activities, any aircraft may take. off and land on civil airfields open to public air traffic (airports) or on areas desig- nated for air freight transports, according to the capacity of such areas. With a view to ensuring adequate takeoff the landing for PAGENO="0764" 2166 AIR LAWS AND TREATIES OF THE WORLD aircraft on airfields open to public air traffic., special takeoff and landing conditions may be established for the air crew, according to their training or experience. The takeoff and landing of civil aircraft on airfields open to public air traffic (airports) shall be carried out in the order of priority es- tablished by the Ministry of Land, Sea and Air Transportation. On the other areas of civil aviation the takeoff and landing of air- craft shall be carried out under the conditions established by the agen- cies which have jurisdiction over such areas, observing the provisions of this Code. In areas designated for air freight transport, marked for flying but where no air crew is employed, the responsibility of the captain of the aircraft on landing shall be established by the rules and regu- lations for air circulation for landing on unknown ground. Aircraft which fulfil missions of rapid assistance, combating calami- ties, special State missions or aeronautical control may land on any civil aviation area. Authorities [having jurisdiction over] civil aviation areas in the Romanian People's Republic shall give assistance to any aircraft landing in their areas at the demand of the captains of such aircraft. Similarly, throughout the territory of the Romanian People's Re- public, the local authorities, at the demand of the captains of air- craft, shall give assistance to any aircraft which have to land because of situations mentioned in Article 42, Paragraph 5 of this Code. SECTION Il-PROTECTION OF AIR TRAFFIC Art. 61. The security, discipline, and regularity of planes in flight and on the ground shall be insured, within the air traffic space of the Romanian People's Republic, by the working systems for the protec- tion of civil air traffic. The protection of air traffic, as provided for in Paragraph 1, shall be achieved: a) on the ground, by taking all necessary operative measures for the guidance, radio direction, or discipline and coordination of air traffic, through central, regional, and airport. dispatch systems; b) by organizing the reception and transmission of weather information through the Meteorological System of the Centr~1 Institute of Meteorology; c) by organizing the reception and transmission of communi- cations to pilots, through the Ministry of Land, Sea and Air Transportation. Art. 6~. The organiza.tion, direction, coordination, and control of the ~ictivities of air traffic protection within t.he air traffic space shall be const.antly ensured by the. Ministry of Land, Sea and Air Transporta- tion, which shall establish the necessary rules and regulations in accordance with international technical agreements. The Ministry of Land. Sea and Air Transportation shall provide uniform coordination of the radio-telegraph guidance in cases where, on the basis of special permission or international conventions, such [radio-telegraph guidance] is totally or partially ensured by other civil aviation authorities or transport ent.erprises. PAGENO="0765" AIR LAWS AND TREATIES OF THE WORLD 2167 No air route may be opened for air traffic until the necessary radio equipment for guiding aircraft along the entire route has been installed. Art. 63. The Ministry of Land, Sea and Air Transportation shall keep in the register of radio stations of civil aviation a record of all radio installations on board any aircraft and on the ground designated for civil aviation activity in the Romaiiian People's Republic; after such installations have been recorded in the register, the owners thereof iriust communicate to the Ministry of Land, Sea and Air Transporta- tion any transfer or change which might modify the organization and functioning of the dispatch services for the protection of air traffic. Art. 64. Meteorological information shall be given to civil aircraft free of charge by the Central Institute of Meteorology a.ccording to the technical conditions established in agreement with the Ministry of Land, Sea and Air Transportation. `Weather forecasts for flights shall be given to any aircraft before it takes off, for each airport marked for landing on the flight plan and for auxiliary airfields on which meteorological stations are installed. The Ministry of Land, Sea and Air Transportation shall establish the location and category of meteorological stations for civil aviation. As regards their functioning in respect to the protection of air circu- lation, meteorological stations set up on airfields shall be subordinate to the dispatch services. The captain (pilot-captain on board) of an aircraft with a radio on board shall transmit. observed meteorological phenomena to the dispatch services with which he is in touch. Art. 65. The central administrations of civil aviation which exer- cise control within the space of air traffic, the civil aviation areas or seaplane landing areas, and commanders of all civil airports or sea- plane landing areas o1~ the Romanian People's Republic shall com- municate to the Ministry of Land, Sea and Air Transportation in- formation of any kind necessary.for the transmission of "communi- cations to air navigators" in order to achieve flight safety. Art. 66. Within the space of air traffic the Ministry of Land, Sea and Air Transportation may establish special conditions and flight restrictions in certain areas of intense traffic in order to achieve flight safety. In order to achieve the safety of air traffic, airport commanders may temporarily suspend activities at the airports they control, ob- serving t.he rules and regulations established by the Ministry of Land, Sea and Air Transportation. SECTION Ill-INTERNATIONAL FLIGHTS Art. 67. Any flight of a civil aircraft registered in the Romanian People's Republic which crosses the borders of the Romanian Peo- ple's Republic and any flight of a civil aircraft not registered in the Romanian People's Republic, whether landing or not within the air space of the Romanian People's Republic.. shall be considered as an international flight. International flights carried out according to timetables and pre- established itineraries (scheduled flights) shall be confined to the air space of the Romanian People's Republic on the basis of bilateral air PAGENO="0766" 2168 AIR LAWS AND TREATIES OF THE WORLD agreements and multilateral air conventions, concluded by the Ro- manian People's Republic. International flights of Romanian civil aircraft. not provided for in bilateral air agreements or multilateral air conventions concluded by the Romanian Peoples Republic shall be approved by the Minis- try of Foreign Affairs in accordance with the proposal of the Minis- try of Land. Sea and Air Transportation as regards all flights, and and as regards sports flights or flights of sporting interest after pro- posal by the central administration of sporting aviation. International flights of civil aircraft not registered in the Romanian People's Republic within the air space. of the Romanian People's Republic which are not provided for by bilaterial air agreements or multilateral air conventions concluded by the Romanian People's Republic (occasional flights) shall be made only on the basis of a permit, issued according to [individual] circumstances, called "tran- sit permits." Transit permits shall be issued by the Ministry of Foreign Affairs. After consultation with the Ministry of Land, Sea. and Air Trans- portation, the Ministry of Foreign Affairs may reduce the transit formalities for aircraft not registered in the Romanian People's Re- public which make non-scheduled transit flights or w-hich have to land for technical reasons, and for aircraft which make sports or record flights within the air space of the Romanian People's Republic. Art. 68. In non-scheduled flights the aircraft documents and the board documents of civil aircraft not registered in the Romanian People's Republic. shall be taken into consideration within the air space of the Romanian People's Republic through the fact that a transit permit. has been issued. In non-scheduled flights the transit. permit of civil aircraft of any category and nationality shall constitute a compulsory aircraft docu- ment, and in case it is impossible to issue such a document on taking off, the transit. permit. shall be entered in the log book by the corn- inander of t.he home airfield. If, during an international flight, the aircraft documents, with t.he exception of the transit permit, of an aircraft not registered in the Romanian People's Republic are. lost or their validity expires while the aircraft is within the air space of the Romanian People's Republic, the Ministry of Land, Sea and Air Transportation, at the request of the competent civil aviation agency of the country where the aircraft is registered, may authorize the takeoff and flight of the aircra.ft until it. leaves the air space of the Romanian People's Republic under condi- tions established between the two state agenc.ies. If, during an international flight, a civil aircraft of any category or nationality does not have an aircraft document and a health certificate, the health data required by international health conventions shall be entered in book. For gliders or free balloons not registered in the Rornanian Peo- ple's Republic which enter the air space of the Romanian People's Republic without a transit permit, on the occasion of a performance flight, the Ministry of Land, Sea and Air Transportation, in agree- ment with the central administration of sporting aviation, shall estab- lish, according to each case, the technical conditions under which the respective aircraft may take off again. PAGENO="0767" AIR LAWS~ ANT) TREATIES OF THE WORLD 2169 Art. 69. A civil aircraft of any category or nationality which, during an international flight, enters the space of the air traffic of the Ro- manian People's Republic, must make the first landing in the Ro- manian People's Republic at a customs airport. Likewise, for civil aircraft which leave the territory of the Romanian People's Republic, the last takeoff must be from a customs airport. By customs airport shall be understood any airfield open for international public air traffic on which the customs agencies of the Romanian People's Republic are functioning. Sanitary and health controls shall also be set up at customs a.ir ports; all civil aircraft which make international flights must pass through this control. If, during an international flight, a civil aircraft of any category or nationality has to make a forced landing outside the customs air- ports, the airfield shall, by any means [possible], get in touch with the Ministry of Land, Sea and Air Transportation and with the local au- thorities which must ensure customs control of the aircraft, cargo and passengers. Expenses incurred for this special control shall be paid by the authorities or persons to whom the repective aircraft belong. Art. 70. Civil aircraft not registered in the Romanian People's Re- public which land on an airfield open to public air traffic (airport) shall observe the rules and regulations concerning taxes, landing, hangaring and maintenance. Sporting aircraft which make inter- national flights for contests, races or performances shall be exempt from taxes for landing and hangaring. Art. 71. Before continuing its flight, any civil aircraft not registered in the Romanian People's Republic may be tested by the technical agencies of the Ministry of Land, Sea and Air Transportation if the aircraft has suffered an accident and has been repaired in the Ro- manian People's Republic, or if technical defects have been found which might reduce the safety of air circulation. Art. 72. Regulations concerning international flight of civil aircraft not registered in the Romanian People's Republic and any changes thereof shall be communicated to air navigators by special notice is- sued by the Ministry of Land, Sea, and Air Transportation. CHAPTER VI-SEARCH AND RESCIJE OF CIVIL AIRCRAFT IN DISTRESS Handling 0/ flight accidents or incidents Art. 73. The ministry of Land, Sea and Air Transportation shall organize and direct all operations for the search or rescue of, and assistance to civil aircraft rn danger or in distress within the air space and on the territory of the Romanian People's Republic. Each central agency of civil aviation must be equipped with ade- quate means for search and rescue so as to be able, if necessary, to participate in the collective effort for the search and rescue of civil aircraft in danger or in distress. Art. 74. The captain of a civil aircraft who receives a distress signal from another aircraft or from a vessel, and a captain who discovers an aircraft which has suffered an accident or any other disaster, must, if circumstnces permit, go to its assistance without, however, endanger- ing the safety of his own aircraft or of the passengers on board. If PAGENO="0768" 2170 AIR LAWS AND TREATIES OF THE WORLD he is unable to rescue those in distress, the captain must maintain constant radio contact with them he must determine the place of distress and must give information by radio, or at the first airdrome, as to the situation found by him. Art. 75. Accidents which occur in the air or on the ground caused by flight activities of civil air personnel and which result in the serious injury or death of one or more persons, or in the damage of a civil aircraft which cannot be repaired by normal means, shall be con- side.recl "flight accidents." Damage to, or breakdowns of civil aircraft which do not cause serious injuries to persons or damage to the structure of the aircraft and which can be repaired by normal means shall be considered "flight incidents." All flight accidents which occur within the space of air circulation shall be investigated by the Ministry of Land, Sea and Air Transpor- tation with the participation in such investigation commission of a delegate of the agency to which the aircraft belongs. Accidents of civil aircraft which occur within the zones reserved for the formation of the central authorities of civil aviation shall be investigated by the respective central authority of civil aviation under the same conditions as those which occur within the space of air circulation. Incidents of flight shall be subject. to investigation by the operators of the respective aircraft. Art. 76. Operators of civil aircraft must. communicate to the Min- istry of Land, Sea and Air Transportation, without delay a.nd in any manner possible. all flight, accidents occurring in their activity, with a view to centralizing and keeping records thereof and in order to gain useful experience in the achievement of flight safet.y. The details of handling any flight accidents or incidents shall be established by instructions issued by the Ministry of Land, Sea and Air Transportation. Art. 77. If a civil aircraft. is damaged or is unable to continue its flight owing t.o the death, injury or sickness of members of the crew, the loca.l authorities must. give the necessary assistance, take over .t.he protect.ion of the aircraft and communicate the incident, without delay and by the quickest means available to the nearest agency of civil avia- tion. This agency, without delay, must. ge.t. in touch with the central authority of civil aviation to which the aircraft, which has suffered the accident, belongs. Any person who observes or finds a civil aircraft in distress or the wreckage thereof on the ground or at sea must, without. delay, inform the local authoritie.s and the Ministry of Land, Sea. and Air Transpor- tation. Art. 78. The assistance to, and rescue of civil aircraft a.t sea shall be carried out. on the basis of the rules for assistance to, and rescue of maritime, vessels. Art. 79. In case of disaster or if immediate help or exceptional participation of civil aircraft is needed. the Ministry of Land, Sea. and Air Transportation may mobilize any civil aircraft registered in the Rumanian People~s Republic for participation in such action. PAGENO="0769" AIR LAWS AND TREATIES OF THE WORLD 2171 OHAPThR Vu-CIVIL AIR TRANSPORTATION SECTION I-DOMESTIC AIR TRANSPORTATION Art. 80 Air transportation shall be carried out in the Romanian Peopl&s Republic for the following purposes: a) to serve the carriage of passengers and goods (luggage, goods postal deliveries and any other objects which may be in- cluded in public air transportation) by scheduled or non-sched- uled public air flights; b) to serve public utility missions (in the service of industry, agriculture, forestry, the people's health, scientific research, etc.) in the form of freight air transportation; c) to serve higher Sta.te interests (internal air couriers, diplo- matic couriers, etc.) or the public order, in the form of special transports; d) to serve the requirements of the civil aviation authorities. Scheduled public air transportation may be supplemented, within no more than 2 hours from the last scheduled flight, if 50% of the respective cargo has remained on the ground. Supplementary flights shall be subject to the same rules as scheduled flights. Art. 81. Public civil air transportation, air freight transportation or special transportation may only be carried out by the central authorities of civil aviation authorised by their laws of organisation to carry out such transportation. Public air transport enterprises may only func- tion within t.he framework of the Ministry of Land, ~ea and Air Transportation, under the supervision of this Ministry or on the basis of international conventions. Art. 82. Scheduled public air transportation shall be carried out. according to schedule by commercial air lines established by the Ministry of Land, Sea and Air Transportation. Commercial air lines may only be organized for exploitation by air transport, enterprises after setting up of the respective air routes, in accorda.nce with the provisions of Article 54-, Paragraph 5, and Article 62, Paragraph 3, of this Code, and after they have been ap- proved or taken over by t.he Ministry of Land, Sea and Air Trans- portation. Art. 83. Public civil air and freight. transportation shall be carried out. on the basis of schedules, at the proposa.l of the Ministry of Land, Sea and Air Transportation. Art. 84. Public transportation of passengers and goods by air shall be carried out by the air transport enterprises on the basis of contracts, by which t.he respective enterprise undertakes to transport the passengers and goods to their destination by air, and the passengers or the consignors of the goods undertake to pay to the enterprise the cost of the trans- port according to tariff. The contract for air transport shall be considered concluded as soon as the enterprise has issued the trans- portation documents to the respective passenger or shipper of the goods. - 39-737 O-65----vol. II-49 PAGENO="0770" 2172 AIR LAWS AXD TREATIES OF THE WORLD Postal air transportation in the Rumanian People's Republic shall ~e carried out on the basis of contracts concluded between the Min- istry of Post and Telecommunications and the air transport enter- prises, with the advice of the Ministry of Land, Sea and Air Trans- I)Ortat ion. Air transportation carried out exclusively for the distribu- tion of newspapers in regions which are not easily accessible by other means of transportation, shall be considered air freight transportation. Air freight transportation shall be carried out either on the basis of contracts concluded between the parties concerned and the air transport enterprises, or on the basis of agreements concluded between the agencies of the State administration, institution, organisation or enterprise concerned and the central authorities of civil aviation who, by virtue of their laws of organisation, are entitled to carry out such transportation by their own means, or by service transport carried out by the central authorities of civil aviation for their own needs. Service transportation shall he free of charge and may only be carried out by [aircraft owned by the authority]. Flight of civil aircraft~ undertaken in accordance with Article 9, Paragraph 2, shall always he considered service transportation. Art. 85. Tariffs and tariff provisions for public air and freight air trans- ports carried out by air transport enterprises shall be established in accordance with the laws in force. Art. 86. The cost of service rendered in connection with air freight trans- portation may he established by contracts concluded for this purpose; the respective calculation may represent the total or partial value of the service, according to the general interests of the state authorities which have required such service. Art. 87. The duration of passenger air transportation shall be cal- culated from the time when the passenger has been supplied with the necessary transportation documents and is admitted to the place of departure by the agents of the carrier, either at the airport or by the means of transportation which the carrier has placed at his disposal for going to the airport, until the time at the place of destination when the passenger leaves the airport or the means of transportation placed at his disposal by the carrier. The duration of air freight transportation shall be calculated from the time of [the freight's] registration and actual receipt at the place of departure by the carrier or by his agents until delivery on arrival, either to the addressee in domestic transportation or to the customs agencies in international transportation or to the postal agencies in postal transportation of any kind. Art. 88. Air transportation enterprises or the central authorities of civil aviation which, by virtue of their laws or organization, are entitled to carry out public air or freight transportation may refuse carriage: a) if the carriage is cancelled or suspended as a result of legal or administrative provisions or owing to exceptional or unfore- seen technical or meteorological conditions; See note 3 8upra. PAGENO="0771" ATE LAWS AND TITEATTES OF THE WOELD 2173 b) if the persons booked for the flight are within the categories of persons who are not permitted to travel by air (persons under the influence of liquor or in abnormal physical condition, persons with contagious diseases or open wounds, or persons who are un- willing to observe the compulsory provisions in respect to pas- sengers during flight), and other situations established by the regulations; c) if the objects to be carried are forbidden, either because they are prohibited by legal or administrative provisio1~s, or because they represent a danger for the safety of the flight or for the car- riage of passengers and cargo (arms, munitions, explosives, radio transmitters, easily inflammable, corrosive or toxic materials, etc.). d) if no means of transportation are available or if the condi- tions established for air transportation in respect to the descrip- tion, weight and size of the cargo have not been fulfilled, or if the cargo has not been completed in accordance with the provisions of the certificate of airworthiness; e) if the carriage refers to a cargo which is the monopoly of another means of transportation. Signalling devices (signal flares, guns for flares, etc.) and radio installations on board which are used for the direction and safety of a flight, shall not be considered objects prohibited for air transportation. Photographic and cinematographic apparatus, radio receivers and hunting weapons shall be permitted for air transportation if they are packed with the other objects. Valuables and precious metals shall be permitted for air transpor- tation if they are insured. Art. 89. The insurance of passengers in civil air transportation shall be com- pulsory. In public air transportation the insurance shall be com- bined with the contract, and in air freight transportation, special trans- portation, or service transportation it shall be made either directly by the traveller, or by the authorities of the State administration, insti- tution, organisation or enterprise for which the flight is carried out. Travellers who do not fulfill the conditions of this article shall be prohibited from flying. Art. 90. Travellers and shippers of goods must observe the provisions of this Code and the rules of air transportation which were communicated to them by the contract of public air transportation or by the agree- ment for air freight transportation. If such provisions and rules a.re not observed, the carrier, irrespective of the application of the pro- visions of Article 100, shall have the right to cancel the respective contract or agreement, without refunding the amount paid by the traveller or by the shipper of the goods. Art. 91. In order to ensure that debts derived from a contract of public air transportation or from an agreement of air freight transportation are paid, the carrier shall have, on the shipment, the rights of a creditor who holds securities as a guarantee. These rights shall cease as soon as the shipment has been delivered to the addressee in domestic. air transportation, or to the customs agency in international air trans- portation. PAGENO="0772" 2174 AIR LAWS AXD TREATIES OF THE WORLD The shipper may dispose of his goods until they have been de- livered to the addressee in domestic a.ir tranportation, or to the cus- toms agency in inteniational air transportation. Art. 92. If the flight is cancelled or totally suspended, the carrier must, without delay, refund at the demand of the respective traveller or shipper of the goods, the amount which they paid under the contract for public air or freight transportation. If the flight is interrupted the carrier must take the traveller or shipment. to their destination by the quickest means of public trans- portation. and if the traveller or shipper refuses this means of trans- portation. refund to them the. cost of the air transportation for the part which was not completed, [but was] provided for in the contract for public air transportation or in the agreement of air freight trans- portation. The cost of insurance of the passengers and goods shall not be refunded. If travellers, at their request, or if the shipment, upon instruc- tion by the shipper, are landed short of the destination for which the transportation document was issued, or if they have to be landed as a result of disregard of, or deviation from the rules of air trans- portation. the cost of the transportation shall not be refunded. Art. 93. If stipulated in the transportation contract or agreement, the car- rier may undertake to transport the passengers and goods to the desti- nation not only by air, but also part of the way by other means of transportation. In the case of mixed transportation (air, land, or sea) the provisions of this Code shall apply to the part of the transportation which has been carrie.d out by air. Art. 94. The general provisions concerning public and air freight~ transpor- tation shall apply also to special or service air transportation, if not otherwise provided for in special provisions. SECTION Il-INTERNATIONAl. AIR TRANSPORTATION Art. 95. The conventions concerning technical and commercial conditions of operation of international public air transportation (scheduled, non- scheduled, and occasional flights) established in accordance with bi- lateral agreements or multilateral aviation conventions concluded by the Romanian People's Republic shall be signed, modified or cancelled by the air transport enterprises with the approval of the Ministry of Land, Sea and Air Transportation, if not otherwise stipulated by the respective agreements or conventions. Air transports not regulated by international agreements or conven- tions concluded by the Romanian People's Republic shall he subject to the provisions of Article 67, Paragraph 4, of this Code. Art. 96. The right to take on. or land passengers, or to load or unload any kind of cargo to be transported by air between two points of the ter- iitorv of the Romanian People's Republic (domestic ~ir service), shall be forbidden to aircraft not registered in the Rornanian People's Republic except when established by international agreements or con- ventions concluded by the Romanian People's Republic. PAGENO="0773" AIR LAWS AND TREATIES OF THE WORLD 2175 CHAPTER VIII Responsibility of operators of ci'vil aircraft for damage caused in the air or on the ground SECTION I-GENERAL PROVISIONS Art. 97. If, during its flight, a civil aircraft causes the deat.h or injury of persons a.board it, or physical or material damage to persons who are not on board, the Ministry, institution, People's Council, organization~ enterprise or persons who are engaged in the operation of the aircraft in any manner shall be responsible for all damage caused in accord- ance with the general rules of liability established by the laws of the Romanian People's Republic. An exception may be made if it is proved that the damage was caused intentionally or by the gross negligence of the person who suffered the damage or in cases regulated by other provisions of this Code. By flight, of a civil aircraft shall be understood any activity carried out from t.he time the aircraft is prepared for flight until it. is stored in the hangar. If damage is caused by a glider train the responsibility shall be borne by the party who operates t.he towing plane, if it has not been proved that the damage was caused by another aircraft in t.he traiti. The liability of the operators of a civil aircraft for the damage caused by the collision of two or more aircraft in the air or on the ground shall be established according to the fault. of the captains of the aircraft. If none of the captains of t.he aircraft is responsible for the collision or if such responsibility cannot be established, each of the parties who operate the respect.ive aircraft shall be liable for the damage caused to his own aircraft., the crew, the cargo and third parties. The provisions of t.his paragraph shall apply also to accidents caused to aircraft in flight or on the ground by another aircraft. by obstructing its flight or its normal take-off, without an actual collision. SECTION lI-RESPONSIBILITY FOR THE DAMAGE CAUSED DURING AN AIR TRANSPORT Art. 98. Operators of civil aircraft for air transportation of any kind shall be liable under the conditions established by this Code, for the bodily or pecuniary damage caused to passengers and cargo, for the duration of the carriage, as specified in Article 87. In freight. transportation, compensation shall be paid by the carrier for the loss of, or damage caused to the cargo, and shall be established as follows: 1) for the loss of goods the value of which has been declared, the compensation shall amount to the declared value of the goods on their delivery for shipment, such value not to exceed the real value; 2) for the loss of goods the value of which has not been declared on delivery, the compensation shall amount to the real value at. the moment of the loss; 3) for the loss of registered luggage receive.d for shipment without a declared value the compensation shall be established on the basis of, and within the limits indicated in the Instructions of the Ministry of Land, Sea and Air Transportation; PAGENO="0774" 2176 AIR LAWS AXD TREATIES OF THE WORLD 4) for damage caused to cargo the compensation shall amount to the value of the actual loss; 5) as regards international flights the provisions of the inter- national conventions to which the Rumanian People's Republic has adhered, shall apply. In air transportation the carrier shall not be responsible for hand luggage which has not been entrusted to it. In the cases provided for in Article 92, Paragraphs 1 and 2, if the shipper no longer uses air transportation for his goods, the carrier shall be responsible until the actual return of the goods to the shipper. Art. 99. In air carriage the carrier shall not be responsible for loss or damage to the cargo if this is caused: 1) intentionally or through the negligence of the shipper or addressee, especially if the shipper disregards the rules of air carriage established by the Ministry of Land, Sea and Air Transportation; 2) by an act of God if the loss or damage was caused during flight; 3) By certain attributes of the transported goods which caused breaking, corrosion, fire, explosion, deterioration, etc.; 4) by the absence of, or inadequate or faulty packing of goods where such packing is compulsory; 5) by the normal reduction of the transported goods within the limits established by the Ministry of Land, Sea and Air Trans- portation; 6) by steps taken by the captain of the aircraft, the airport controller, the military authorities or the fiscal customs author- ities for the application of legal provisions by which the trans- porting of some object is forbidden or subject to certain condi- tions, or because of the passengers' disregard of such provisions. Art. 100. Passengers or shippers who cause damage in any form to aircraft, vehicles, installations or other property belonging to persons carry- ing out the transportation shall, on demand, compensate the owner for the value of the damage caused. Art. 101. Air transport enterprises or the central authorities of civil aviation, authorized by their laws of organization to carry out public or freight air transportation may be held liable for not carrying out on time the transports agreed upon with the travellers and the shippers of the~ goods. They shall not be liable when a) the delay is due to factors involving the public interest; b) the delay is due to an act of God or for the purpose of ensuring the safety of the flight. Art. 10g. In air transportation, any contract concluded between the carrier and a passenger or shipper which changes the liability established by the provisions of this Code shall be void. Regarding liability for freight or postal air transportation the provision of this Code shall apply according to the specific nature of the various activities. These [provisions of the Code] may be complemented by the provisions of special agreements concluded in conformity with Article 84, Paragraphs 2 and 3. I PAGENO="0775" AIR LAWS AYD mF;ATIE~ OF THE WORLD 2177 Art. 103. Claims for damages in regard to air transportation shall be pre- sented to the carrier within six months, and those in regard to mixed transports (air, land, sea), within one year. Within the same period of time the carrier shall have the right to claim damages from passengers or shippers. Claims for damages shall be attached to transportation documents. In the absence of such documents, official prices, or, if such prices are not available, market prices shall be taken as a basis for the claims. The condition of the object at the time the damage occurred shall be taken into account. The time limits provided for in this Article shall be as follows: 1) in the case of damage to, or partial loss of a shipment, as from the date of delivery to the addressee. On delivery the damage or partial loss shall be established in a statement signed by the addressee and the person delivering [the shipment]. 2) in the case of total loss of the shipment or if it is not de- livered on time, upon the expiration of the date on which the shipment should have reached its destination; 3) in all other cases, from the date when the event which occasioned the claims, occurred. Applications for refund of the cost of cancelled or suspended air transportation shall be submitted within no more than 15 days from the date on which the shipment was cancelled or suspended. The carrier shall examine the claims and, within no more than thirty days from receipt thereof, inform the claimants whether their claims have been accepted or rejected if they refer to air transpor- tation alone. For claims which refer to mixed transportation, (air, land, sea) the reply shall be sent within no more than sixty days. If the claim has been rejected or if no answer to it has been received, the claimant shall be entitled to initiate legal action within two months from the. receipt of the reply or from the date when t.he reply should have been received. Legal proceedings shall be instituted at the. court or State Arbitration Board, whichever has jurisdiction in the district in which the carrier resides. The right to legal action for damages in regard to air transporta- tion shall expire after one year and in regard to mixed transportation (air, land, sea) after two years. For damages caused by civil aircraft in the air or 011 the ground in circumstances other than air transportation, the claims for compensa- tion and their settlement shall follow the provisions of the general laws. CHAPTER Tx-SPECIAL pROVISIONS CONCERNING AERONATJTICAL SPORT Art. 104. . . Sporting aviation shall be practiced in accordance with the princi- ples and provisions of this Air Code, and the instructions and rules in respect of its application and the laws regarding sporting aviation. PAGENO="0776" 2178 ~ii~ i~\ws AND TT~EATIE~ OF THE WORLD The administrative authorities of sporting aviation shall provide assistance, in case of death or inability to work, for professional flight personnel and for all sportsmen instructed or trained in sporting avia- tion. The flight of such individuals shall be prohibited if they are not insured. Art. 105. Any activities of sporting aviation taking place on an airdrome open for public air traffic (airport) or within the space of air traffic shall be carried on with the approval of, and under the conditions established by the Ministry of Land, Sea and Air Transportation. Supervision of such activities shall be exercised by the organizing administration. Art. 106. The transportation of sporting flight personnel by civil aircraft be- longing to the administration of sporting aviation, for education, t.raining, sports activities or sports flying contests, shall be considered service transportation. CHAPTER X-PENALTIES Art. 107. The obligations of all citizens in respect of discipline and safety of flights, the guarding and maintenance of the entire property of civil aviation in the Rumanian People's Republic shall be stated in instruc- tions, establishing the acts which constitute a violation of these in- structions, and the punishment which shall be imposed by administra- tive action within the limit of fines established by special provisions, and the agencies which establish the respective violations. The official report which establishes such violations shall be ex- amined or signed by the captains of aircraft, the airdrome directors, the control agencies of the Ministry of Land, Sea and Air Transpor- tation and the control agencies of the central administration of civil aviation, according to their qualifications and competence on the basis of the provisions of this Code, of the decisions of the Council of Ministers and the orders, instructions and regulations in force. These agencies shall impose fines by a decision stating briefly the reasons for such punishment. The person fined may contest the respective official report within fifteen days from the receipt thereof. The fines shall he paid in accordance with the laws on official procedure. Disregard of the provisions of this Code, shall be punished in ac- cordance with the penal laws, if such disregard constitutes an offence. Art. 107.1 The boarding of a civil aircraft ready to take-off, or the presence on board such an aircraft in flight, while drunk, by a member of the crew, pilot, navigator, radio operator, flight mechanic or any other person participating in the operation of the aircraft, shall be consid- ered an offence and shall be punished with imprisonment of from one to five years and dismissal from employment. Any person found guilty of the offense mentioned in Paragraph 1 shall have his flying license permanently revoked. PAGENO="0777" AIR LAWS AND TREATiES OF THE WORLD 2179 CHAPTER XI-FINAL AND TRANSITORY PROVISIONS Art. 108. The provisions of this Code as regards planning, authorization and control of flights within the airspace of the Romanian People's Re- public shall be applied in accordance with the resolut.ions of the Coun- cil of Ministers and with the provisions of the law and regulations con- cerning flight within the airspace of the Romanian People's Republic. Art. 109. The Ministry of Land, Sea and Air Transportation, in collabora- tion with the central authorities of civil aviation shall draft the de- crees and resolutions of the Council of Ministers, and the instructions and regulations for the enforcement and implementation of the pro- visions of the Air Code. The instructions and regulations for the enforcement and imple- mentation of [the provisions] of the Air Code shall be compulsory for all the agencies of government administration, institutions, public or- ganizations, enterprises and for all citizens of the Romanian People's Republic. Art. 110. In order to achieve better employment of civil flight personnel, the Ministry of Land, Sea and Air Transportation, in collaboration with the central authorities of civil aviation, shall take a census of the entire civil flight personnel and ground staff in the Romanian People's Republic, irrespective of the ministries, institutions, People's Coun- cils, enterprises or public organizations in which they are employed, and of all citizens who have done special work in aviation for at least three years, with the exception of regular serviceman in the Armed Forces of the Romanian People's Republic. Art. 111. The Ministry of Land, Sea and Air Transportation and the central authorities of civil aviation, in collaboration with the Ministry of Education shall establish the conditions of organization and function- ing of higher aeronautical technical education, for training staff en- gineers, technicians and highly qualified specialists, necessary for civil aviation in the Romanian People's Republic. The Ministry of Land, Sea and Air Transporation and the central authorities of civil aviation, through the Academy of the Romanian People's Republic, shall organize and provide the necessary literature for study, researc.h and experimentation in all aeronautical sectors by special branches, so that scientific aeronautical activity may rise to a higher level. Art. 112. The Air Code of the Romanian People's Republic shall enter into force on the date of its publication. As from the date of publication of this Code any provisions in conflict. with it. are repealed. PAGENO="0778" 2180 AIR LAWS AYD TREATIES OF THE WORLD ROMANIA Annex No. 1 ~ecree No. 516 of December 30, 1953 Classification of Aircraft 1. Kite (of over 5 kgs.) 2. Glider - water, actor Not pro- pelled Only those used for transportation by a 3. Parachute - of persons or objects for a designated 1. motor purpose. Not those used for rescue. Heavier han air craft 1. aircraft - airplane, hydroplane, amphibian plane Propelled 2. autogiro - autogiro, watergiro, amphibian autogiro motor 3. helicopter - helicopter, water helicopter, amphibian helicopter 4. ornithopter_ ornithopter, water ornithopter, amphibian ornithopter Aircraft 1Free Spheric free balloon Not pro- Balloon lNor~_8Pheric free balloon polled I o~ra 1. Ealloo1 Captive rSpheric captive balloon Balloon `~ Non-spheric captive balloon 2. Lighter than air Rigid airship aircraft Propelled Semi-rigid airship bya motor 2. Airship Non-rigid airship ANNEX 2-DECREE NO. 516 OF DECEMBER 30, 1953 Description of Flag and Establishment of Signs of Nationality of Civil Aircraft in the Romanian People's Republic 1. The flag of civil aircraft in the Romanian People's Republic shall be established as follows: A. 1-heavier-than-air craft.6 The flag shall be tricolor (blue, yellow and red) ; it shall be rec- tangular and its colors shall be formed of three identical vertical stripes on the two sides of the rudder, the blue stripe being placed next 6 In the original text the word `Aerodine" and "Aerostate" are used for A anti B, re5pectlvely. PAGENO="0779" AIR LAWS AND TREATIES OF THE WORLD 2181 to the rudder axis. The emblem of the Romanian People's Republic shall be placed in the middle of the yellow stripe. The center of the rectangle shall be placed halfway between the higher extremity of the rudder and the horizontal elevators. The dimensions of the rectangle shall depend on the size of the rud- der, i.e.: the upper part of the large side of the rectangle shall be as wide as the rudder and the small side of the rectangle shall be two- thirds of the large side. Parachutes shall have no flag; they shall only bear the sign of nationality. B. Lighter-than-air craft. The flag shall be rectangular, similar to that described under A above, and shall be placed above the sign of nationality of the aircraft, in the technical conditions established by the Ministry of Land, Sea and Air Transportation. 2. Description of the sign of nationality of Romanian Civil Air- craft: Civil aircraft registered in t.he only book of registration of civil aircraft shall bear on their fuselage, as the sign of Roinanian Na- tionality, a group of letters established by the Ministry of Land, Sea and Air Transportation, in accordance with international conventions. PAGENO="0780" 2182 AIR LAWS AND TREATIES OF THE WORLD OTHER LEGISLATION IN FORCE Excerpts from Law No. 6 Concerning Customs Regulations in the Romania~n People's Republic (Buletinul oflciaZ No. 29, Dec. 30, 1961) CHAPTER II. CUSTOMS REGULATIONS ON THE IMPORT AND Ex~owr or GOODS SECTION II. ENTRY AND EXIT OF GOODS BY SEA AND RIVER A it. 12. Customs control of vessels shall take place in the presence of the captain or his deputy and the port authorities, who shall stamp the documents. Art. 13. Goods which, according to regulations, may not be im- ported shall be placed in customs custody during the stay of a vessel in port. The customs authority shall permit. on board a vessel, under the captain's responsibility, only t:he quantity of goods necessary for the comsumption of t.he crew and the ship's passengers. Art. 18. The stores of Romanian or foreign vessels, including com- bustibles, lubricants, food and other materials, shall be supplied by enterprises specially authorized by the Ministry of Commerce under the control and supervision of the customs authority. SECTION IV. ENTRY AND EXIT OF GOODS BY AIR Art. 20. Any aircraft., Romanian or foreign. arriving in or leaving the cou1~try. shall land at and take off [only] from an airport at which there is a customs authority. They [the aircraft] are under the super- vision and control of the customs authority from the landing until the take off. The airport. customs authorit.y functions at airports established for the border control of aircraft. Act. 21. After landing the aircraft. at a customs airport., the corn- niander of an aircraft shall present the cargo manifest with the ac- companying transportation documents and a statement of the provi- sions carried on board so that the customs control of the aircraft may he carried out. Before taking off, the commander of an aircraft shall present the same documents to the customs aut.horit.y so that the customs control of the aircraft may he carried out and its documents stamped. The aircraft. shall not leave the airport before complying with this obligation. Articles 12, 13 and 16 apply also to aircraft. Art. 22. Whenever an aircraft makes an emergency landing before reaching the customs airport, the commander shall notify immediately the nearest customs authority or, in its absence, the nearest border guards or militia so that. the manifest of the cargo may be verified and the flight documents stamped. PAGENO="0781" RWANDA (RIJANDA) Ordinance No. 62/321 of October 8, 1955, as amended of the Congo, is applicable to R.wanda. (See Congo.) 2183 PAGENO="0782" PAGENO="0783" SAUDI ARABIA ROYAL DECREE No. 17/2/22/3481-DATED 24/9/137211 [JU1~E 8, 195311 With the aid of God the Almighty, We, Abdul Aziz bin Abdul Rahman al-Faisal Al-Saud, King of Saudi Arabia, In accordance with what the Minister of Defense and Aviation has submitted to us, have decreed the following: Article 1: The State has a complete and absolute sovereignty over the air space above its territory. The air space is the air layer above its lands and territorial waters. Article 2: No aircraft is allowed to fly over or land in the territory of our Kingdom unless it has obtained permission to do so from the approJ~riate authority in our Kingdom and has complied with the provisions of such permission, or unless such permission is granted under a special agreement or international treaty by which our Gov- ernment is bound. Article 3: Air navigation for military, governmental and diplo- matic aircraft shall be regulated by a decree. Air navigation of civil aircraft shall be regulated by decisions issued by the Minister of Defense and Aviation who has the authority to impose proper finan- cial penalties in case of violations of their rules. These penalties shall be applied by administrative authorities of the Civil Aviation Department. Article 4: Aircraft considered military aircraft are: aircraft be- longing to military, air or naval forces. Aircraft considered gov- ernmental aircraft are: aircraft designed for public services such as customs, police, mail and similar services. Aircraft considered dip- lomatic are: aircraft that carry diplomatic representatives or air or military attaches. Article 5: Representatives of Customs, Public Security, Public Health and other officials whom the Minister of Defense and Aviation may delegate have the right to order any overflying aircraft to land. They also have the right to inspect it and examine the certificates and documents aboard it and to stop it from taking off, without previously arranged action. This measure is necessary to observe the applica- tion of this Decree and the carrying out of the special rules of navi- gation. These representatives have the right to detain the aircraft or any document, person or goods aboard the aircraft pending the execution of decisions taken by the appropriate authorities in such cases. Article 6: Our Viceroy and the Minister of Defense and Aviation have put this Decree of ours into effect and act in accordance with it. ~ English text supplied by the Government of Saudi Arabia. 2185 PAGENO="0784" 2186 AII~ LAWS AND TREATIES OF THE WORLD 3IINISTERIAL DECISION CONCERNING THE PROCEDtJTRES FOR INSPECTING AND EXAMINING DOCtTMENTS The Minister of Defense and Aviation, After having reviewed Article 5 of Decree No. 17/2/22/3481 dated 24/9/1372, regarding air navigation, and, since the condition calls for the establishment of instructions which regulate the procedures of carrying out inspection and the examina- tion of documents stated in the above-mentioned article, has decided: Article 1: Every civil aircraft entering the territory of the Kingdom of Saudi Arabia where its flight ends will be inspected and its docu- ments examined in the first airport it lands at, where customs author- ity is available, for the coming aircraft, and at the last airport it will depart from, where customs authority is available, for the outgoing aircraft. Article 2: Inspection and documents examination of an incoming aircraft will be made after its passengers have disembarked and its cargo off loaded. Outgoing aircraft will be inspected and its docu- ments examined before the passengers have embarked and the cargo has been loaded. Article 3: Inspection must be made properly in the least period of time possible and should not result in any unreasonable delay. Article 4: B9fore carrying out the inspection the pilot or whoever is acting for him must be asked whether or not there is anything on the aircraft not listed on the shipping documents or materials forbidden to be carried by aircraft. His answers to these questions should be taken down in writing. Article 5: Inspection and document examination should be carried out by officials who are delegated to do it in the presence of a represent- ative of Civil Aviation Department and a representative of the party to which the aircraft belongs. A report of the inspection and its find- ing should be written and signed by each one of them. Article 6: Inspection should include all places and storage areas of the aircraft. The examination o-f documents should include all papers, documents and lists which the aircraft must carry. The purpose of inspection and documents examination is to observe the application of the special regulations of air navigation, customs and other local regulations in effect in the Kingdom of Saudi Arabia. Article 7: Inspection of the passengers, their baggage and the cargo of the aircraft should be carried out after the passengers have disem- barked and the cargo has been offloaded at the customs area at the airport where the aircraft lands and in accordance with customs regu- lations. Article 8: Military, governmental and diplomatic aircraft are not allowed to be inspected unless high orders to this effect are issued and transmitted through the Ministry of Defense and Aviation. Article 9: Aircraft in transit and aircraft engaged in international transport operation-from one point in the Saudi Arabian Kingdom to another point in it-are not subject to inspection unless there would be a strong suspicion based on firm proof which necessitates the carry- ing out of inspection. Article 10: The Director of Civil Aviation and other Government bureaus concerned have to execute these instructions and act in accord- ance with them as of this date. PAGENO="0785" AIR LAWS AND TREATIES OF THE WORLD 2187 MINISTERIAL DECISION CONCERNING PENALTIES FOR VIOLATING THE IN- STRUCTIONS FOR REGULATION OF AIR NAVIGATION FOR CIVIL AIRCRAFT The Minister of Defense and Aviatioii, After reviewing the Royal Decree No. 17/2/22/3481 of 24/9/1372 concerning air navigation, and on the basis of the authority granted to the Minister of Defense and Aviation under Article 3 of the said Decree, and After reviewing the instructions issued by the Minister of Defense and Aviation in order No. 403 of 25/10/1311 H, has decided: * Article 1: Every aircraft engaged in civil air transport, as well as every special civil aircraft flying over or landing in the territory of the Kingdom of Saudi Arabia without previously arranged permission, or if it has violated the provisions of such permission, the owner will be fined two thousand Saudi riyals and its pilot will be fined five hun- dred Saudi riyals. Article 2: Every foreign aircraft carrying out any transport opera- tion in the Kingdom of Saudi Arabia without previous permission, or violates during the Haj season the special instructions of air transport from the Kingdom of Saudi Arabia, the owner will be fined one thou- sand Saudi riyals and its pilot will be fined two hundred Saudi riyals. Article 3: It is prohibited for an aircraft overflying or landing in the territory of Saudi Arabia to carry persons either crews or passengers undesirable by the Saudi authorities or to transit an enemy port while coming to or going out of the country. If it does so the owner will be fined five thousand Saudi riyals and its pilot will be fined one thousand Saudi riyals. The aircraft may also be confiscated. Article 4: A fine of one thousand Saudi riyal~ will be imposed on the owner of an aircraft which is engaged in transporting passengers and cargos to the Kingdom of Saudi Arabia in the following cases: 1. If he used his aircraft without obtaining the certificate of registration or a certificate of airworthiness. 2. If he did not show clearly on the aircraft the signs of its nationality and registration. 3. If he did not furnish the aircraft with all apparatus and in- struments to secure the safety of the aircraft and its passengers. 4. If he did not consider international laws concerning the load capacity of the aircraft, of passengers, cargo and fuel. 5. If the number of the crew is not as required for piloting the aircraft or if they are not in possession of a certificate of fitness and Other necessary certificates from the country in which the air- craft has been registered. Article 5: The owner of the aircraft will be fined five hundred Saudi riyals if the aircraft was not carrying within its papers the following: a) The permission granted to it (by t.he Government of Saudi Arabia). b) Its registration certificate. c) An airworthiness certificate. d) A certificate of its crew's qualifications (fitness). e) A license for its wireless unit. f) A record of the aircraft's flights (Log Book). g) A list of passengers. 39-737 O-65-vol. 11-50 PAGENO="0786" 2188 AIR LAWS AND TREATIES OF THE WORLD h) A certificate proving the cleanness of the aircraft if it was coming from places where there is a suspicion of the existence of communicable diseases. i) Or if the aircraft carried pilgrims who were not holding health certificates proving that they were vaccinated against the epidemic diseases, as agreed upon internationally. Article 6: The penalty provided in Article 4 will be doubled if the owner of the aircraft puts a registration mark on the aircraft which differs from the marks shown on the aircraft airworthiness certificate or if he erased or obliterated the original marks (signs), or if he used an aircraft without the true mark or if the aircraft certificate or cer- tificates, mentioned in Article 5 above, were false. Article 7: The pilot of the aircraft will be fined one thousand Saudi riyals: a) If he piloted the aircraft without a license or certificate. b) If he destroyed the flight record or entered false statements in it. c) If he flew over Saudi Arabia without a valid reason on air corridors other than those permitted to be used by the Saudi Arabian Government. d) If t.he aircraft carried to Saudi Arabia narcotics or int,oxi- eating liquors or materials and items prohibited (forbidden) un- der the country's regulations. e) If he landed without reason at airports other than Jidda or Dhahran airports. Article 8: In the cases mentioned in the above articles the Saudi authorities may hold the aircraft and not permit it to leave except after the execution of the penalties and provisions imposed. The air- craft may be held at the expense of and at the responsibility of its owner. Article 9: Penalties and actions provided in this decision shall be carried out (enforced) by the Administrative authorities of the Civil Aviation Department.. Article 10: The Director of Civil Aviation Department has to put this decision into effect and act in accordance with it as of the date of its publication and announcement. IXSTRtTCTIONS ISSUED BY THE MINISTRY OF DEFENSE AND AVIATION REGULATING AIR TRANSPORT IN THE KINGDOM 1. Establishments engaged in air t.ransport and private aircraft are not allowed to transport pilgrims or passengers during the pilgrimage season except after obtaining permission to do so through the Ministry of Foreign Affairs, and within the limits of this permission. It should be understood that permission for foreign aircraft to conduct trans- portation to the Kingdom of Saudi Arabia is based on the principle of reciprocity and equal rights necessitated by transport operations L~tween the foreign and the Saudi establishments. Request for such permission should be forwarded to the Foreign Ministry by the Government or the Legation to which that establishment belongs. 2. All transport operations inside the Kingdom of Saudi Arabia is the privilege of the Saudi transport means only. PAGENO="0787" AIR LAWS AND TREATIES OF THE WORLD 2189 3. Aircraft carrying pilgrims should not carry undesirable persons, either crews or passengers and it should not transit enemy ports while coming in or going out of the Kingdom. If it does so it will be subject to a large fine or confiscation. 4. Every aircraft carrying passengers or goods to the Kingdom of Saudi Arabia should be in possession, among its papers, of the following: a) The permission granted to it (by the Government of Saudi Arabia). b) Its registration certificate. c) Its airworthiness certificate. d) Its crew's fitness certificate. e) Its wireless unit license. f) The record of its flights (Log Book). g) Passenger manifest. h) Bill of Lading. i) A certificate proving the cleanness of the aircraft which is coming from places where communicable diseases exist or are suspected to exist. 5. Companies and their agents should inform the appropriate au- thorities of t.he numbers of aircraft, number of flights, number of passengers of every flight and determine the time of entrance of the aircraft into Saudi Arabian territroy. 6. International rules concerning the aircraft capacity of passengers and cargo must be observed. 7. The aircraft nationality and registration marks must be shown on the aircraft. 8. No company will be permitted to transport passengers from the Kingdom of Saudi Arabia, other than those pilgrims who come on their aircraft, except by special permission. 9. The aircraft must be equipped with all instruments and appara- tus which will secure the safety of the aircraft and its passengers. 10. There should be adequate number of crew aboard the aircraft and they should be in possession of their certificate of fitness together with the licenses issued to them by the appropriate authorities in the country where the aircraft is registered. 11. Aircraft enroute to Jidda should follow the following routes: a) Aircraft coming from the north via Aqaba should follow the Red Sea coast until they reach the Jidda airport, or fly direct over the Red Sea without overflying Saudi shores. b) Aircraft coming from the east, via Kuwait, Bahrein, etc., should follow a line which would leave Riyadh at least thirty kilometers to the left, and flying over the posts of Ramah, Mar- rat, Dawadmi, Dafina, Muwaih, then by a straight line to a point at the Red Sea coast which is thirty kilos north of Jidda from where it heads south to Jidda. c) Aircraft coming from west or south via Port Sudan, As- mara or Aden should fly direct to Jidda flying over the Red Sea coast to Jidda. 12. Aircraft are not allowed to land in airports other than Jidda and Dhahran airports. 13. Air companies and their agents in the Kingdom are responsible to pay the required governmental fees for their aircraft in accord- PAGENO="0788" 2190 AIR LAWS AND TREATIES OF THE WORLD anc.e. with the fixed fees under the effective local regulations. Each airlines company must appoint an agent for it, in the Krngdom, who will be responsible to pay the fees and execute the provisions stated m these instructions or included in the permission granted. 14. All these who arrive at Saudi Arabia, pilgrims and others, must be holding health certificates of vaccination against epidemic diseases agreed upon internationally, as follows: a) For smallpox, from 14 days to 3 years. b) For cholera, from 6 days to six months. c) For yellow fever, if the person is coming from infected or suspected to be infected countries, from 10 days to 4 years. 15. Airlines companies or their agencies must apply the text of the International Health Agreement of 1944. 16. The Saudi Arabian Government reserves the right to withdraw its permission from any of the airlines companies, or their agents m the Kingdom, in case it violates the provisions of the permission granted or if it does not observe the carrying out of the rules and regu- lations mentioned above. International penalties will be applied in such cases. MINISTERIAL RESOLUTION NO. 3, DATED 23/6/1377 [JAN. 17, 1958] RE- GARDING FLIGHT CLEARANCE The Minister of Defense and Aviation: After reviewing Article 3 of the Royal Decree No. 17/2/22/3481 of 24/9/1374 [May 17, 1955] issued concerning air navigation, and, in accordance with the authorization granted to us under that article, and since it has become necessary to put into effect a system for flight clearances rules, We have decided the following: Section One-Flight Clearance A rticle 1: Taking into consideration the provision of Article 2 of this resolution, no aircraft is allowed to fly over or land in the ter- ritory of the Kingdom of Saudi Arabia unless it has obtained a clear- ance, supplied tFie provisions of such clearance, or unless such clear- ance is granted under a special agreement or international treaty in which the Saudi Government is a participant. Article 2: Israeli aircraft and any other foreign aircraft headin for or departing from Israel, are not permitted to overfly or lan in Saudi territory. Arti~le 3: Taking into consideration the rules of the resolution and the Kingdom's regulations pertaining to air navigation, every air- craft recorded in the Saudi records can fly over the Kingdom's territory. Article 4: Foreigners and foreign companies are not allowed to perform air transportation operations within the territory of Saudi Arabia. Such operations are considered the privilege of Saudi citi- zens, unless transportation operation is for noncommercial pur- poses and in accordance with special permission or has been au- thorized by the Government. Article 5: Clearance for flying over the Saudi territory are only granted to aircraft in possession of valid Registration Certificate, PAGENO="0789" AIR LAWS AND TREATIES OF THE WORLD 2191 issued by the country to which the aircraft belong, and an airworthi- ness certificate issued by or approved by the appropriate authority in that country. Article 6: A clearance is granted under the following provisions: 1. The aircraft should have the signs of its nationality and registration in a prominent place, and it should carry a record indicating the name of the owner and his residence, in accord- ance with the procedures followed. 2. The aircraft should be equipped with all machines, installa- tions and equipment needed for the type of flight it is making. 3. The aircraft should carry the proper documents and its flight records should be complete to the last date in the proper way and form. 4. The aircraft operating members should be adequate. They should be enjoying the known characters, in possession of cer- tificates of fitness and commissions issued or approved properly by the appropriate authority in the country where the aircraft is registered. None of them should be an undesirable person. The expression "aircraft operating members" covers: the com- mander, pilots, mechanics and others connected with its opera- tion. 5. The aircraft must observe t.he provisions under which its air- worthiness is issued or approved. 6. The aircraft must also consider the rules provided in the fixed aviation regulations and instructions of the country. The Minister of Defense and Aviation, however, may waive these for gliders, balloons and other similar equipment, which has no propellers, from previous provisions. The word (fixed) in this article defines t.he provisions and in- structions provided in the regulations and rules applied in the country where the aircraft was registered. Article 7: The clearance granted is for the aircraft and the owner himself, and it will become void and unconsidered in case of change of ownership. Article 8: Clearance is granted for a certain period or for a certain flight. Article 9: In addition to the clearance indicated in the previous articles, special permission must be obtained for using a Saudi, or a foreign aircraft in the Saudi Arabian Kingdom for the following purposes: 1. Transportation of passengers and cargo against fare charges. 2. Teaching flying. 3. All other aviation operations which are made against fair charges. Article 10: In case of technical flight test for the purpose of grant- ing an airworthiness certificate, special permission should be obtained from the Director of Aviation Department in lieu of the clearance. The Minister of Defense and Aviation, however, may waive the pro- visions of Article 5 of this Resolution, in case of tramin~ flight, or a flight made for the purpose of obtaining a degree or an airworthiness certificate. Artil~ 11: Clearances, certificate and commissions issued or ap- proved in accordance with the provisions of this resolution, and the PAGENO="0790" 2192 AIR LAWS AND TREATIES OF THE WORLD instructions for whom they were issued without the Government bear- ing any responsibility. Article 12: To grant a clearance to a foreign aircraft to overfly Saudi territory, the regulations of the country to which the aircraft belong should provide Saudi aircraft overflying its territory with treatment on the basis of reciprocity. Article 13: In case of violation of any of the provisions of this reso- lution the proper penalty provided in the Penalties Regulations issued under the resolution of the Minister of Defense and Aviation No. dated shall be applied. More strict rules provided in laws and regulations should also be considered. An aircraft, a machine, an installation or gliding equipment may be held, if a violation is proven, until clearance is granted or until the owner of the aircraft removes the causes of violation. Application of penalty shall be carried out by the administrative aut.hority of the Civil Aviation De- partme.nt. Holding of an aircraft shall be at the expense of the owner and under his responsibility. Article 14: In case of applying the penalty for the violation of the rules of this resolution, the Minister of Defense and Aviation has the right to suspend or withdraw any clearance, certificate of airworthi- ness, or a commission which he might have issued to any of the crew members, and to cancel the authentication which he might have given to certificates of aircraft or crew's conimissions. The Minister has the right also to suspend, for a limited period, or withdraw any clearance if he sees it is necessary, in the common interest. Section Two-Procedures for Applying for a Flight Clearance Article 1.5: The application for the clearance provided in Article 1 of this resolution has to be submitted to the Director of Civil Aviation Department. The period of clearance should not exceed the validity period of the airworthiness certificate and it should be in accordance with the provisions stated in Articles 4 and 5. Article 16: Taking into consideration the provisions of Article 2 of this resolution, the types of clearance that may be granted to foreign aircraft overflying Saudi territory are as follows: 1. Private foreign aircraft: a) A clearance to transit Saudi territory for a period not exceeding six months. b) A clearance to overfly Saudi territory for a period not exceeding six months. 2. Foreign aircraft engaged in commercial transportation: a) A clearance for an incidental flight to the Kingdom or for transiting Saudi territory. b) A clearance for regular flights to Saudi territory, or transiting it without landing. 3. Foreign military; governmental and diplomatic aircraft: a) Clearance for entering the Kingdom or transiting its territory without landing. Article 17: The owner of a foreign aircraft or anyone acting for him should submit. the request. for clearance indicating in it the type of clearance requested, as provided in Article 16, the period of stay in t.he Kingdom, and the route of the aircraft, and stating that the air- PAGENO="0791" AIR LAWS AND THEATIES OF THE WORLD 2193 craft meets the conditions provided in the proper regulations of the Kingdom. Article 18: In case of a clearance request for technical test flight, the Director of Aviation Department has the. right to issue a special permission granting the clearance under the provisions which he may deem necessary. Article 19: Taking into consideration the provision of Article 21 of this resolution, clearance req~uests for foreign aircraft to overfly Saudi territory should be submitted to the Aviation Department or through consular channels. Such requests should be submitted in adequate time, prior to the starting of flight, for sending the reply by mail. In urgent cases telegraphic reply may be made at the expense of the clearance applicant. Article 20: With regard to the establishment of regular flight lines of foreign commercial transport aircraft to or through the Kingdom's territory, the Minister of Defense only can grant the clearance for such flights. Article 21: Clearance applications for foreign military, govern- mental or diplomatic aircraft to overfly or land in Saudi territory should be forwarded to the Foreign Ministry by diplomatic channel. Article 22: When a clearance for a foreign aircraft is r&juested, the permission granted to it, to enter into or leave the Saudi territory, should not be made valid for more than six months. In such clear- ances the number of flights allowed shall be indicated, provided that the validity of the clearance should not exceed the validity period of the aircraft airworthiness certificate. Article 233: The tariff of fees to be levied for all types of clearances shall be determined under a ministerial resolution. Article 24: Clearance granted under this resolution should specify the details of the flight, date issued and period of validity of the clear- ance. Such clearances may be amended without additional payment of fees in the two following cases: 1. If the clearance expires before the flight authorized was started or completed. 2. In case of amending the original program of the flight.. Artiele 25: The application form for clearance and the clearance form should agree with the forms approved and authorized by us. Article 26: The rules of this resolution cancel all instructions issued previously, which are contracting it. Article 27: The Director of Aviation Department must carry out this regulation and circulate it among the authorities and parties con- cerned. He should act in accordance with it as of the date of its publi- cation in the official gazette. MINISTERIAL RESOLUTION NO. 4 DATED 23/8/1377 A.H. REGARDING THE GENERAL RULES FOR AVIATION IN SAUDI ARABIA The Minister of Defense and Aviation: After having reviewed Article 3 of Royal Decree No. 17/2/2~2/3481 issued on ~4/9/13~4 A.H.. concerning air navigation, and, in accordance with the authority invested in us under the said ar- ticle, and, after having reviewed the instructions previously issued by the Ministry of Defense and Aviation on 19/8/1369, under No. (4-3), PAGENO="0792" 2194 AIR LAWS AND TREATIES OF THE WORLD and the instructions issued on 18/11/1373 concerning certain rules to be considered in air navigation in the region of the Kingdom, and, since it is necessary to put general rules for air navigation over the Kingdom which will agree. with the international rules applied in this respect, and the new development of aviation, we have decided the following: Section One-General Rules for aviation in the Kingdom's Region Artiele 1: Every aircraft flying over the region of the Kingdom must carry the following documents: 1. The clearance granted t~ it (by the Government of Saudi Arabia). 2. Its registration certificate. 3. Its airworthiness certificate. 4. A record of its flights (Log Book). 5. The commissions and qualification certificates of its crew members. 6. The license of the wireless set, if it has such a set. 7. A list of passengers, if it is engaged in commercial trans- portation or international flights. 8. Air freight manifest, if it is engaged in commercial trans- portation or international flights. 9. The aircraft safety certificate. 10. A statement of the method of cargo distribution if t.he air- craft is engaged in air transportation activity. 11. A special permission to transport certain types of goods, when necessary. Flight clearance, registration and airworthiness certificates, and the wireless set license must be kept in the pocket. of the flight record. Article ~: Papers carried by a foreign aircraft and its crew mem- bers must have been issued by the appropriate authority in the coun- try where the aircraft is registered, or by the appropriate Saudi authority. Article 3: Saudi aircraft are waived from the condition of carrying the papers indicated in part 5 of Article 1 of this resolution in case the flight was for the purpose of training or obtaining certificates or commission, provided that the aircraft shall not fly more than `5 kilo- meters away from the airport limit, unless its flight was authorized within an area determined by the Civil Aviation Department for such purposes. In such cases, the student pilot should have passed the proper medical examination. Article 4: Any person must not put false statements in the applica- tions he submits, for the purpose of obtaining a commission or a cer- tificate, or in the records delivered to him. He should not use a com- mission or a certificate which he has no right to use, and should not make changes on the commissions and certificates issued to him. He must. not., a.s well, make changes whatsoever in t.he statement of a cer- t.ificate or a record delivered to him. Article 5: No aircraft registered in the Kingdom shall fly unless the Civil Aviation Department issues a certificate of airworthiness for it. Such a certificate. is valid for a certain period or for a certain number of hours which should be shown on the certificate itself. The validity PAGENO="0793" ATE LA\V~ AND TEEATIE~ OF THE WOITLD 2195 of the certificate should not exceed twelve months in any case, and it shall not be extended for a further period unless a complete overhaul has been conducted under the supervision of an authorized person. Article 6: Aircraft registered in the Kingdom and engaged in com- mercial transport must meet the following conditions: 1. Such aircraft are not allowed to fly before examination to ensure its safety within the twenty-four hours that proceed its taking off, in accordance with the previous article of this resolu- tion. If the aircraft was affected by damage which obliges it to make emergency landing and none of its crew members is au- thorized to make the necessary repairs, it shall not be allowed to continue its flight unless it is re-examined after the repair and a new safety certificate is issued to it. If, for any reason other than the damage stated above, the air- craft is unable to complete the flight within the twenty-four hours of the safety certificate, it may continue its flight to the destina- tion it was supposed to reach within the twenty-four hours time of the safety certificate. If the twenty-four hours elapsed and the aircraft was still fly- ing, it may proceed on its flight, to its destination. The twenty- four hours time shall be counted from the time the examination of the aircraft is completed. 2. The above-mentioned examination must be conducted by a mechanic who is in possession of a mechanic's license for the type of aircraft he is required to examine and he should be authorized to handle this job. If the aircraft is found safe, the mechanic shall issue a certificate to this fact, in the style stated in the pre- vious article of this resolution. 3. The twenty-four hours time mentioned above shall be counted from the time the examination was completed in accordance with the details stated in the certificate. 4. This certificate must be forwarded whenever the concerned representative asks for it. Article?: The safety report provided in the previous article should be in the following form and wording: AIRORAFr SAFF~TY REPORT Type of aircraft: Nationality and registration marks: 1. I hereby certify that I have examined the aircraft described hereabove (as well as the special instruments and equipment ot.her than its propeller and the apparatus and installations connected to it), and have ascertained the safety of the aircraft if the condi- tions for loading capacity and cargo distribution stated in the aircraft's airworthiness certificate are observed. The examina- tion was completed at: Date: Signature of Mechanic and his License No. 2. I hereby certify that I have inspected the engines of the aircraft described hereabove and all installations (fittings) and instruments connecting to these engines, and have ascertained t hat. they are satisfactory. PAGENO="0794" 2196 AIR LAWS AYD TREATIES OF THE WORLD A fee of one hundred Saudi riyals shall be levied for both safety certificates. A rticie 8: The Civil Aviation Department has the right to cancel or suspend the airworthiness certificate of any aircraft if a mere doubt in the safety of the aircraft exists. Article 9: The appropriate, mechanic of the Department is allowed to withdraw or suspend the certificate of airworthiness of an aircraft if upon examining it he finds it not safe. A rticie 10: The following information must. be written on every aircraft that obtains a valid airworthiness certificate: 1. Its net weight.. 2. Maximum weight when loaded. Article 11: No jerson under 17 years of age is allowed to operate an aircraft. alone by himself, but persons under 15 years of age are allowed to operate gliders. Article 12: No persoii is allowed to teach flying unless he meets the following conditions. 1. He must be in possession of a flying license valid in the type of aircraft he uses for teaching. 2. He must. be in possession of permission from the Civil Av~- tion Department to teach flying in accordance with the provisions stat.ed on the permit. Article 13: No one is allowed to opera.te an aircraft engaged in commercial transportation unless he is in possession of a license for commercia.l transport flights of the same type of aircraft he is oper- ating. A rticie 14: If the crew group consists of a number of persons, one of them must be recorded on the aircraft flight record as being the pilot in charge. Article 15: Every aircraft that should have a wireless set in ac- cordance with the regulations in force, must have a wireless set oper- ator who is in possession of a license issued by the appropriate author- ity and approved by the appropriate aviation authority in the count try where the aircraft is registered, unless the aircra.ft is flying in areas where wireless communications cannot be made. Article 16: The Civil Aviation Department shall bear no responsi- bility for any loss or damage which an aircraft may encounter on the ground at its airports whet.her the aircraft was in or out of the hangars. Article 17: The responsible pilot of any Saudi or foreign aircraft within the boundaries of the Kingdom must, before ta.king off, ascer- tain of the following: 1. That. the aircraft contains all necessary and supplementary instruments and equipment, a.nd that the aircraft and all those instruments and equipment. are in good condit.ion to make the planned flight.. 2. That the tonnage and cargo distribution (inside the air- craft) agree with what is stated in the aircraft airworthiness certificate. 3. That no dyes, damage or sediment affects the windows and screens the vision of the pilot. 4. That. there is fuel, oil and water in the aircraft enough to complete the planned flight. PAGENO="0795" AIR LAWS AND TREATIES OF THE WORLD 2197 Article 18: Every aircraft flying over a city or a village must fly at a sufficient level to enable it to land away from the city or village if its operation facilities were damaged. This article is not applicable to such aircraft that takes off and land at airports which are not more than 2 kilometers from the nearest point of the airport limits. Article 19: No aircraft is allowed to fly at a. low level or in a way which may endanger the people, animals or properties, or which may frighten the people. Article 20: No aircraft flying over the territory of the Kingdom is allowed to carry any person on its wings or on any part of it other than the places designed for passengers except in the following cases: 1. To conduct repairs on the aircraft or its equipment, or to perform any necessary work for the safety of the aircraft, its passengers or cargo. 2. To reach to the cargo storage place or the store of the air- craft if there is no other way. 3. If such person is in possession of a written permission from the Aviation Department which permits him to carry out cer- tain work on the aircraft that cannot be done through other means. Article 21: No aircraft is allowed to pull, or to be pulled by, other aircraft unless its airworthiness certificate permits it to do so, pro- vided that it observes the conditions stated in this certificate and un- less it obtains a written permission from Aviation Department. Article 22: No commercial transport~ aircraft, which is registered in the Kingdom and carrying passengers on regular flights, is al- lowed to fly over the sea or over internal waters unless it would be able to reach land if any of its engines gets out of operation. Seaplanes are excepted. Article 23: No aircraft flying over the territory of the Kingdom is allowed to make acrobatic or dangerous maneuvers, for the sake of show, over a city, a village or a populated area without a special per- mission from the Aviation Department. No flying contest or show in any form can be arranged or held ex- cept under a written permission by the Aviation Department. Article 24: No aircraft equipped with a multi-control system is al- lowed to fly with only one. person in one of the two cockpits if he has no commission to fly, or if he is learning to fly, or if either of the con- trol systems has been separated from the other so that it cannot be used as part of it. Article 2.5: An unauthorized person is not allowed to interfere in the operations of any of the control crew, stop him from performing his duties, play with any part of the plane or its equipment, or do any- thing that. may peril the safety of the aircraft, its crew or pas- sengers. Artcle 26; Unless in emergency cases, nothing call be thrown out of the aircraft. other than the soft sand and water, which were loaded on the aircraft. to give it weight, smoke generating equipment and other materials which the Aviation Department authorizes to be thrown out in time cases defined by it. All precautions must be taken to avoid c~irelessness which imuiy result in the falling of anything from the aircraft PAGENO="0796" 2198 AII~ LAWS AND TREATIES OF THE WORLD Article 27: Smoking is absolutely forbidden inside the aircraft in places other tha.n those appropriate for it. The owner of the aircraft must post notices in prominent places inside the aircraft indicating the areas where smoking is allowed. Unless the place for smoking is indicated on the aircraft's air- `worthiness certificate, no place should be appropriate for such pur- pose except under a written permission by the Aviation Department. If a place for this purpose is arranged notices to this effect must be prominently exhibited inside the aircraft and in the place itself. Article 28: Any aircraft on any flight must be equipped with the following: 1. First aid kit. 2.. At least one fire extinguishing unit in the control group cabin. 3. At least one fire ext.inquishing unit in each passenger cabin if they are separated from the pilot or the co-pilot cabins and far from their reach. 4. Passengers should be given the following information precisely: a) `When to fasten seat belts. b) `\Vhen and how to use t.he oxygen sets (if they are nec- essary to carry). c) When to stop smoking. d) Where to find and how to use the safety belts. e) Whereabout and how to open the emergency windows. Article 29: The pilot or any of the crew members of an aircraft must not be in such condition which unables him to do his work, as a result of drinking or using alcoholic drinks, narcotics, stimulant, sedative or any other drug which may make him unfit to fly. No per- son who seems to be drunk is allowed to enter into or stay in the aircraft.. Article 30: Commercial transport aircraft must not put any sort of obstacles in the exit outlets and such outlets should not be tightly closed in a way tha.t it would be difficult. to open quickly when neces- sary. Notices indica.ting the emergency exits and how to use them must. be maintained in prominent places inside the aircraft. A rtkle 31: Parachutes are riot to be used except in emergency cases or under a written permission from the Aviation Department on which conditions and instructions to be followed are shown. Article 32: One engine aircraft, or aircraft which have no wireless sets or other similar apparatus by which contact can be made with aircraft, are not allowed to fly over unpopulated areas unless it follows the authorized air corridors or have had obtained a permission to this effect from the Aviation Department. Section Two-Rules for controlling air navigation Article 33: The regulation, rules and instructions which are in effect concerning the entry of persons to the Kingdom, t.heir exit from it, importation or exportation of goods via sea or land freight are applicable in the entry and exit. by air of persons, importation and exportation of goods. PAGENO="0797" AIR LAWS AND Tfl f:ATiI:~ oi~ Till: WORLD 2199 Article 34: In accordance with article 5 of Royal Decree No. 17/2/22/3481 issued on 24/9/1372 concerning air navigation regula- tions, the representatives of the Civil Aviation Department, Customs, Public Security, Health and Quarantine have the right to order any overflying aircraft to land. They have the right also to inspect it and examine the certificates and documents it carries, without making previous arrangements, and to stop it from continuing its flight in order to observe the application of the provisions of that decree and other air navigation regulations and instructions. Furthermore, these representatives have the right to detain the aircraft, any docu- ment, person or item on the aircraft pending the execution of the actions determined by the appropriate authorities, and the fulfilment of the official procedures. The application to order the landing of an aircraft is to be submitted in writing to the appropriate authorities of the Aviation Department and under the responsibility of the applicant. Article 35: Every aircraft must observe the general rules of air traffic, and the rules and instructions concerning lights, daylight signs and signa]s. Article 36.' Every aircraft must observe the rules of public security and the safety of inhabitants and properties. Article 37: No wireless set is to be installed in an aircraft except under a special license issued by the appropriate authority in the country where the aircraft is registered. This set. is not, to be used except for the purposes of air navigation and for the safety of the aircraft. It is to be used by the aircraft crew who have special commissions to do so issued by the appropriate authority in the country where the aircraft is registered. Article 38: The following items are not to be transported on any aircraft, coming to or departing, from the Kingdom, except under permission of the Minister of Defense and Aviation: 1. Explosives, except those required for the aircraft operation or for giving customary signals. 2. Arms or ammunitions. 3. Pigeons. 4. Messages, transportation of which is the privilege of Post Office. 5. All other items issued in a ministerial resolution. Article 39: Every pilot and every crew member of an aircraft must submit, if asked, to the representative of the Aviation Department, any certificate, record of flights or license belonging to him or to the aircraft which he must be in possession of in accordance with the regulations and instructions in force. Article 40: No person is allowed to carry and use a. still or movie camera to take pictures from an aircraft flying over Saudi territory as well as its territorial waters. Article 41: Photographic and cinematographic equipment which the aircraft carry during it.s flights over the territory of the Kingdom must be stamped. With regards to photographic and cinematographic equipment carried by passengers or the crew members, the pilot must either take all steps to keep them in a special place under his custody, or take the necessary precautions to secure the non-use of such equip- ment. in taking pictures from the aircraft. PAGENO="0798" 2200 A11~ I. \\\~ ~\ TUF:ATIES OF THE WORLD Article 43: The prohibition provided in the above two articles does not apply to photographic and cinematographic equipment which are being transported by the aircraft as commercial goods, provided that they are transported in parcels well packed in a way that it would be impossible to use them during the flight. Article 43: All incidents which may happen, from the time the passengers board the aircraft for the purpose of flying, to the time the last passenger disembarks from it, which results in: 1. The injury of, any person, whether or not this injury is fatal, 2. A fire in the aircraft, or the existence of a suspect of fire in it, 3. A damage or breaking of any of the aircraft's principal part of its engine, 4. Any damage or loss in other property, and 5. All incidents of emergency landings without exception of any, whether the aircraft made a safe landing or injury of per~ sons or damage of property was involved, must be reported. Article 44: In case of the occurrence of any of the incidents men- tioned hereabove in the previous article, the pilot of the aircraft, or anyone ac.ting for him, must report the accident immediately to the nearest airport which has customs authority and to the nearest Public Sec.urity office. A rti~le 45: Reporting the incident must be made through the fastest means of wire or wireless communications system, or other transporta-~ tion means, provided that it covers the following information: 1. Nationality and registration numbers of the aircraft. 2. Place where the accident occurred. 3. Date and time of accident. 4. Number of passengers and crew. 5. Kind of accident and the ext~nt~ of damage and loss occurred. 6. Number and names of persons killed and injured if there were any. 7. Name of the owner of the aircraft. 8. Name of the pilot. Article 46: The aircraft must. he left in the same position and place where the accident occurred, and none of the luggage or parts should be moved before investigation is carriedout by t.he appropriate parties to find the causes. Article 47: The pilot of the aircraft is required to take all possible precautions to prevent any person from getting near the aircraft, its passengers or any part of it. He should also prevent the destruction of the traces of the accident. Article 48: The pilot should, if possible, not leave the area of ac- cident until the representatives of the Public Security arrive to guard the plane. Article 4Th The pilot is required to submit a full report to the nearest airport commander in which he explains the causes and the circumstances of the accident and all damages and losses resulted. Article 50: In case a Saudi plane is involved in accident outside Saudi territory, the pilot is required to inform the Department of Civil Aviation accor(linglv through the fastest means of communica- tion, provided that includes all information prescribed in Article 45. He is also required to send a. full detailed report of the accident, as PAGENO="0799" AIR LAWS AND TREATIES OF THE WORLD 2201 provided in Article 49, to the Department of Civil Aviation as soon as possible. Article 51: The aircraft or its wreckage should not be moved ex- cept under an order from the Director of Civil Aviation Department. Article 5~4: For the safety of the flight, the pilots, upon entering the region of the Kingdom, must send reports about their positions to either one of the flight information regions in Jidda or in Dhahran, according to circumstances, then give such information once every thirty minutes. Pilots of outgoing aircraft must send reports about their position half an hour after they take off then once every half hour. Position reports must include the following information: 1. Nationality and registration number of the aircraft. 2. Position (indicated by longitude and latitude). 3. Time when giving the position reported. 4. Height. 5. Flying condition, whether above, under or through clouds, and visibility range. 6. True track. 7. Ground speed. 8. Estimated time of arrival at boundary of the control region or the airport of destination. 9. Endurance in hours and minutes. The term "track" indicates the projection of the progress of the aircraft over the earth surface, and its direction in any point, indicated by degrees starting from the (true or magnetic) north lines. The term "visibility" is intended to mean the ability to see and spot clear things (not luminated during day or night time), under the prevailing weather conditions. Air visibility is the average extent of visibility in front of the pilot in his cabin while flying. Surface visibility is the visibility range which an authorized official in an airport gives to an aircraft. Article 53: If an aircraft flies over restricted areas in the Kingdom, it will be fired upon immediately and without previous notice. The responsibility of what may happen to the aircraft or what actions may be taken against it will fall upon the shoulder of the pilot. Article 54: The following actions shall be taken against the air- craft which flies over restricted areas in the Kingdom: 1. The aircraft shall be retained as soon as it lands in any air- port and the crew members shall be investigated. 2. If the airport belongs to a company, the subject of forbid- ding any of the company's aircraft from overflying Saudi terri- tory thereafter shall be considered. Article 55: The purpose of the air traffic system control is to prevent collisions between: 1. The aircraft themselves. 2. The aircraft and the barriers in the airport area. 3. The speed and air traffic system. Air Traffic control services include the following services: 1. Air traffic control services for flights at the entrance of con- trol areas. 2. Air traffic control services for departure or arrival of air- craft. 3. Air traffic control services for the airport traffic. PAGENO="0800" 2202 AIR LAWS AND TREATIES OF THE WORLD Article 56: The pilot of any aircraft entering into or departing from the Kingdom's territory is required to follow the rules pertain- ing to air traffic as well as the instructions issued by the air traffic con- trol (Office), unless tl~ere are forcing circumstances which obliges him not to follow such rules and instructions. In case he violates such rules and instructions he shall be held responsible for any damage or harm that may fall on persons, aircraft or property of others. Article 57: The Aviation Department shall issue the proper rules and instructions relative to air traffic control (system) and in ac- cordance with the rules and instructions applied internationally in this connection. Article 58: Every aircraft, which the appropriate authority order, through the customary means, to land must land at the nearest air- port.. Furthermore it should, upon receiving the order to land, reduce its speed and come down to a lower level, otherwise it shall be forced to do so. In emergency landing at the territory of the Kingdom previous clearance or permission is not required. Every aircraft, knowing that there is another aircraft which is obliged to make an emergency land- ing, should immediately give way to the other aircraft. Article 59: Anyone who violates the provisions of this decision, and the rules and instructions referred to in Article 57 shall be penalized with a fine not less than two hundred riyals and does not exceed one thousand riyals unless the Penalties Regulation issued under the Mm- isterial Resolution No. specifies a harder penalty. Penalties and measures specified in this decision shall be applied by the adminis- trative authorities of the Civil Aviation Department. Article 60: The Director of Aviation Department is required to ap- ply this decision, circulate it among concerned authorities and act in accordance with it as of the date of its publication in the official gazette. MINISTERIAL RESOLUTION NO. 5 DATED 23/5/1377 RE(IARDING AIRCRAFI' REGISTRATION The Minister of Defense and Aviation, Having reviewed Article 3 of Royal Decree No. 17/2/22/3481 con- cerning air navigation, and On the basis of the authorization granted to us under the said article, and since it has become necessary to establish a regulation for aircraft registration, have decided: Article 1: The Civil Aviation Department shall maintain a Saudi Registration Log Book to record aircraft. Article ~: Aircraft registered in the said Registration Log Book should not be registered in another country, and should be owned completely by Saudi subjects or by a company whose share holders are all Saudi citizens. Article 3: Every aircraft which is registered in the Saudi Registra- tion Log Book bears the Saudi nationality. Article 4: Aircraft shall be crossed out of the Registration Log Book in the following cases: 1. If the conditions provided in article 2 of this decision has not been fulfilled. PAGENO="0801" AIR LAWS AND TREATIES OF THE WORLD 2203 2. In case of the change or death of owner or dissolution of the company which owns the aircraft. 3. In case of destruction or loss of t.he aircraft or its being unfit for use. Article 5: The owner of the aircraft or his heirs are required to in- form the Aviation Department of any change in the ownership of the aircraft or his share in it. They are required to inform the said Department if the aircraft is destroyed or lost or becomes unfit for use. Such notification must be made within fifteen days at most from the date of the death of the owner, the loss of the aircraft or the date the aircraft proved to be unfit for use. Article 6.~ Aircraft registered in the Saudi Registration Log Book are not allowed t~ trespass the Saudi borders except under a previous permission obtained from the Minister of Defense and Aviation. Article 7: Characteristic features of Saudi aircraft are: a) Nationality mark. b) Registration mark. 1. Three English letters designed by the Aviation Department for motor driven aircraft. 2. Three English letters designed by the Aviation Department for gliders. Nationality mark must be written above the registration mark, and they should be separated by a dash. Article 8: The characteristic feature letters should be in the largest size, all in the same size, and should not come to the edge of the board. The letters should riot be openface or decorated and should be all in one color different from the color of the surface on which they are written. The letters should also be clean all times so that they can be read easily, and they should be written on the upper and lower sur- face of the aircraft wings. In case of bodyless aircraft such marks should be made on both sides of the cockpit and passengers cabin. Article 9.' Under a resolution of the Council of Ministers aircraft owned by foreigners who are residing in the Saudi Arabian Kingdom may be registered in the special Registration Log Book for foreign aircraft though they may not be registered in another country. Such registration is for the purpose of using the aircraft within the terri- tory of the Kingdom. Article 10: Aircraft owned by foreigners who are. residing in the Kingdom whic.h are registered in the foreign aircraft Registration Log Book in accordance with the previous article, is not required t~ bear the.nat.ionality mark but showing the registration mark is enough. Article 11: The Minister of Defense and Aviation may, if circum- stances relative to public interest necessitate, refuse to register any aircraft. in the Saudi Registration Log Book. He may also order that any aircraft be crossed out of the said Registration Log Book. Jr this case, the owner of the aircraft must stop its operations at most within a fifteen days period from the date he has been informed of such decision. Article 1~: Saudi subjects and Saudi companies who own aircraft which are already engaged or which they desire to engage in air navigation should submit. applications to have their aircraft registered in the Saudi Registration Log Book within fifteen days period at most from the dat" -`~ publication of this decision in the official gazette. 39-737 O-65-vol. II--51 PAGENO="0802" 2204 AIR LAWS AND TREATIES OF THE WORLD Application for registration shauld be made on the special forms and be submitted to the Aviation Department. A i'ticle 13: Foreigners who are residing in the Kingdom and who are desiring to register their aircraft in the special Registration Log Book of foreign aircraft should submit their application, stating on it the reasons justifying such registration as well as all necessary information, to the Ministry of Defense and Aviation who in turn shall submit it together with its remarks to the Council of Ministers. A iticle 14: Any one who submits an application for aircraft regis- tration to the Aviation 1)epartment must attach with it the docu- ments proving its ownership, nationality of the applicant and all other information required by regulations and instructions, together with the registration fee which amounts to one thousand riyals. The fee will be returned to applicant if registration request is denied. Article 15: The Registration Log Book for Saudi aircraft and the Registration Log Book for aircraft owned by foreigners who are re- siding in the Kmgdom as well as the registration application form must be in accordance with the forms approved under a decision issued by us. Article 16: The Registration Log Book and the registration certifi- cate cover the following statements: 1. Registration marks. 2. Date of registration. 3. Description of the aircraft (Name of manufacturer, number of type and serial number.) 4. Name and place of residence of the owner. 5. Number of registration. 6. Name of the original port of the aircraft. Article 17: In addition to the statements indicated in the above article the Registration Log Book should cover the following: 1. Every change in the characteristics of the aircraft. 2. Transfer of ownership of the aircraft. 3. Tn case the aircraft is chartered, such information should be entered in the Registration Log Book indicating date and validity of charter contract and name and nationality of charterer. 4. Erasure of aircraft registration. A rti~c7e 18.' A file for each aircraft registration of which is requested should be maintained. The serial number and the registration letters are to be written on the top of the file by the concerned employee. Such file should include the following: 1. Statements prescribed in the previous article. 2. Statement pertaining to the changes that happen to the ownership of the aircraft, its characteristics and information con- cerning its being chartered, lost or gone out of use. Article 19.' The concerned person shall be given a certificate of regis- tration in accordance with the form attached herewith. Artkle 20: The Director General of the Aviation Department is required to carry out this decision, circulate it among concerned author- ities and parties and act. in accordance with it as of the date of its pub- lication in the Official Gazette. PAGENO="0803" AIR LAWS AND THE.\TIES OF THE WORLD 2205 ROYAL DECREE NO. 7/7/15 2559 ON 1ST. RABI' AWWAL, 1372 [NOV. 19, 1952] Regulations for the landing and overflight of foreign military and governmental and diplomatic aircraft, in the territory of the Kingdom of Saudi Arabia and their exemption from payment. of fees Relying on God the Almighty, We, Abdul Aziz bin Abdul Rahmaii Al Faisal Al Saudi, King of the Kingdom of Saudi Arabia, In accordance with what the Minister of Defense arid Aviation has submitted to us, and since it has been necessary to establish a regula- tion concerning the landing and overflight of the friendly military aircraft and the foreign governmental aircraft and diplomatic air- craft in the territory of the Kingdom of Saudi Arabia and their ex- emption from the payment of fees in accordance with the rules pre- scribed in the General International Law, have ordered the following: Article 1: The rules of sections 1 and 2 of this Decree is to be ap- plied on the aircraft of the following categories: a) Foreign Military aircraft belonging to Military, Air or Navy forces. b) Foreign governmental aircraft~ designed for public service such as Customs, Police, mail and the like. c) Diplomatic aircraft which carry foreign diplomatic rep- resentatives and attaches. Section One-Air Navigation Article ~: Taking into consideration the provision of Article 3 and 4, the categoriesof aircraft prescribed in Article 1 are not allowed to fly over the territory of our Kingdom or land in it unless they have obtained permission to do so from the Foreign Ministry which is ap- proved by the Ministry of Defense. and Aviation, or unless such per- mission is granted under a special agreement or in accordance with an international t.reaty in which the Saudi Government is a party, and unless they comply with the conditions provided in the permis- sion. Article 3: Aircraft shall not be allowed t.o fly over the territory of our Kingdom except via the corridors and over the places where flying is permitted. Article 4: The Government may, when necessary and in spite of the permission referred to in Article 2 hereabove, prevent or restrict im- mediately and temporarily the flights over its territory or part of it. Article 5: The Government has the right, in conditions and under terms it provides, to order any aircraft which may have, entered any of the areas referred to in Article 3 and 4, to land as soon as possible in the airport which it indicates within its territory. Article 6: Ammunitions and military supplies are forbidden to be transported in aircraft flying over the territory of the Kingdom or landing in it. Such aircraft are also forbidden to use photographic equipments and wireless transmitting sets in or over the Kingdom's PAGENO="0804" 2206 AIR LAWS AND TREATIES OF THE WORLD territory except under a special permission and in accordance with the provisions of such permission. The permission is issued by the Foreign Minister after the approval of the Ministry of Defense and Aviation. In case of violation of the restriction provided in this article the rule of Article 5 shall be applied in addition to the possi-. bility of confiscation of the ammunitions, military supplies and equip- ments subject of the violation. Sectio'n. Two-Exernption~s ,4rtjcie 7: TLe categories of aircraft prescribed in Article. 1, on the basis of reciprocity, are exempted from the following fees: 1. Landing fees at the Kingdom's airports. 2. Night stopping fees at the Kingdorn'~' airports if the visits of the aircraft is incidentaL provided that there is room for it and provided that such room is not reserved for another aircraft which is expected to arrive. 3. Customs duties on: a) Fuels and oils supplied to the aircraft.. b) Equipment used for the necessary maintenance and repair of the aircraft. c) The cargo existing on the aircraft provided that none of which is discharged on land or territorial waters of the Kingdom. Rules of customs regulation shall be applied if any of such cargo is unloaded. Goods prohibited to enter the Kingdom under the country's regulations such as bever- ages, intoxicating materials and weapons are, however, com- pletely forbidden to unload. Article 8: The exemption granted in article 7 is under the provision that the aircraft carries no ordinary passengers who pay for their tickets or cargo transporting charges are paid. Article 9: Complete fees shall be collected from civil aircraft carry- ing diplomats who have paid for their tickets. Article 10: The Ministry of Foreign Affairs, the Ministry of De- fense and Aviation and the Ministry of Finance are required to carry out this decree, each in his field of concern, and act in accordance with it. Issued at our Royal Palace in Riyadh on the first day of Rabi' al- Thani, in the year 1372 H. ROYAL DECREE NO. 7/7/1/3456 REGARDING THE CONSTRUCYrION OP AIRPORTS IN THE KINGDOM OF SAtTDI ARABIA Relying on God the Almighty, We. AbdU1 Aziz bin Abdul Rahman a.l-Faisal Al Saud, King of the Kingdom of Saudi Arabia, in accordance with what has been submitted to us by the Minister of Defense and Aviation, and since it has become necessary to estab- lish a regulation for the construction of airport in the territory of our Kingdom in accordance with the internationally prescr?bed rules in connection with such constructions, we have ordered the following: Article 1: The construction of airports in the Kingdom of Saudi Arabia is the privilege of the Government and no one is allowed to PAGENO="0805" AIR LAWS AND TREATIES OF THE WORLD 2207 establish or prepare any land for the landing or taking off of any air- craft except under the supervision or permission of the Ministry of Defense and Aviation. Article ~: The Minister of Defense and Aviation may issue minis- terial resolutions establishing an area. around each airport called "danger zone" which does not exceed 400 meters in width. Article 3: It is not allowed to establish any buildings, poles, wires or any other thing that is considered an obstacle for aviation in the danger zone except under a previous permission from the Ministry of Defense and Aviation. Article 4: The Minister of Defense and Aviation may allow the establishment of buildings or constructions in the danger zone, which are not higher than one twentieth of the distance between it and the area designed for the aircraft landing. Article 5: In the areas around the danger zone the height of build- ings, trees and constructions must not exceed one twentieth of the distance between such buildings and the airport border. Article 6: It is not allowed to install near any airport lights which may dazzle the sight or confuse the lights and signals of air naviga- tion. The Ministry of Defense and Aviation is required to carry out this Decree and act in accordance with it. PAGENO="0806" PAGENO="0807" SENEGAL Law No. 63-19, February 5, 1963, Code of Civil Aviation BOOK I. A~CRAFP Art. 1. In the application of this Code, an aircraft. shall be deemed to be any contrivance which can maintain itself, aiid move in the air. Art. 2. Aircraft. used for such services as military, customs, or police services, are subject only to Articles 55, 56, 11~, 114 and 119 of the Code of Civil Aviation, ~n~so far a~s~ the provi~ion~s of t/iLs Code are concerned. However, the provisions of Article 53 of this Code shall apply to such aircraft when t.hey are used for other than their usual purposes. TImE I. OWNERSHIP, MORTGAGE, AND ArrACHMENT OF AIRo1~vr CHAPTER I. REGISTRATION, NATIONALITY, AND OWNERSHIP OF AIRCRAFT' Art. 3. Every civil aircraft must be registered in a register kept by the Ministry in charge of civil aviation, under conditions fixed by decree. Art. 4. Any aircraft registered in the Senegale.se register shall have Senegalese nationality and must bear the nationality and registration marks provided for in a decree. Art. 5. In the register defined in Article 3 above shall be registered any aircraft owned by a natural or legal person or persons of ~enega- lese nationality. In order that a legal person or persons be deemed of Senegalese nationality in the sense of this law, the following must be the case: In membership associations, all members must have Senegalese nationality. In corporations with limited liability, the owners of the major- ity of the capital and the management must have. Senegalese nationality. In st.ock corporations the president. the director general, and the majority of the board members must have. Se.iiegalese nationality. Art. 6. Except for the provisions of Article i below, any aircraft owned by a foreigner whose legal domicile is in Senegal, or by a for- eign corporation or associat.ion whose main office is in Senegal, may be registered in Senegal. The same shall apply to aircraft whose owner performs any activity which is useful for the economic or social development of Senegal. However, registration of an aircraft owned by a foreigner shall be subject. t.o an authorization granted by the Ministry in charge of civil aviation. Art. 7. An aircraft which is registered abroad may not. be registered in the Senegalese register except. after showing that. the foreign regis- tration has been cancelled. 2209 PAGENO="0808" 2210 A-JR LAWS AND TREATIES OF THE WORLD When any of the conditions specified in Articles 5 and 6 are 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 notification by the owner, cancellation in the register shall be effected by a decision of the Minister in charge of civil aviation. Art. 8. Legal relations between persons aboard an aircraft in flight shall be governed by the law of the country of origin of such aircraft. However, when a crime or misdemeanor is committed aboard a for- eign aircraft, the Senegalese courts shall have jurisdiction when the person who commits the crime, or against whom it is committed, has Senegalese nationality, or when the aircraft lands in Senegal subse- quent to the, crime or niisderneaiior. The courts of jurisdiction shall he those at the place of landing, or at the place where the arrest. is made in the case where the person com- mitting the violation is arrested at a place other than that of the landing. `When an event occurs aboard a Senegalese aircraft, the flight com- mander may take all measures he deems necessary to ensure good order. In the application of this article, an aircraft shall be deemed in flight from the time when power is applied for take-off till the time when landing is completed. In the case of 1ighter-than-aircraft~ the term "in flight" shall apply to the period between the time when such aircraft is detached from the ground and that when it is again attached. Art. 9. Registration in the register shall be proof of title. The register shall be public and anyone ma.y obtain a certified copy thereof. Art. 10. Aircraft shall be personal property in regard to application of the rules of the Civil Code. However, transfer of ownership must be in writing and shall be without effect in regard to t.hird persons un- less there is a registration in the register. 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. MORT(iAGE AND ArrACHMENT OF AIRCRAFr 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 document, be imposed on all or part of an airfieet belonging to the same person provided that the various.elements of the fleet are specified in such document. Art. 1.1. A mortgage may be extended to cover also spare parts suit- able for the type of aircraft~ mortgaged provided such parts are specified in the document. Such spare parts shall be kept in one or more places of which notice shall be given as provided for in Article 14. When they are used on aircraft to which they belong, they must be immediately replaced. The creditor must be notified of such use. PAGENO="0809" AIR LAWS AND TREATIES OF THE WORLD 2211 Art. 14. The spare parts mentioned in the preceding article include all parts constituting aircraft, engines, propellers, radio equipment, instruments, other equipment, 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 parts shall be attached to the document recorded. Art. 15. A mortgage is void unless it is in writing. The act estab- lishing it. may be public or under private seal. It must specify all elements affected by the mortgage. It may be on order: in that case, endorsement shall transfer title to the mortgage. 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 lien for him as guarantee for the amount stated as remaining to be paid provided the seller requests recorda- tion of such lien 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, unless there is a contrary stipulation, the mortgagee may be subrogated for the amount due him for the insured as to the right to compensation payable by the insurer. Prior to making any payment the insurer must request an official statement of the 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 re- corded. 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 rec- ordation 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 rec- ordation is not renewed before the expiration of such period. Art. ~O. 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 cancelled when there is a legal act stating the agreement of the parties or a final judgment on the matter. PAGENO="0810" 2212 AIR LAWS AND TREATIES OF THE WORLD 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: Only the following debts shall have preference to mortgages and be privileged: 1) court costs incurred in the sale of an aircraft and in the dis- tribution of the price received, in the common interest of the cred- itors; 2) Payment 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 salaries, only for a maximum of six months; 5) Fees for use of devices and aids to navigation and landing fees. Art. 24. Creditors whose mortgage on an aircraft has been recorded, shall follow their security in whatever hands it may pass, for the pur- pose of collection and payment in the order of their respective recorda- tion and after privileged creditors, subject to the provisions of Articles 23 and 27. 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 provided for by decree; 2) In case of voluntary transfer properly recorded in the rev- ister, 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 per- t.inent publications. Art. 26. Debts specified in Article `23 shall be privileged in the order in which they appear in that article. Debts of the. saiiie order of pi~cedeiiee shall be of equal rank and shall be paid at the same rate in case of insufficient funds. However~ debts mentioned in Article 23, 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 23 shall uk after mortgages whose recordation precedes the arising of such privileges. However, in the case of sale in Senegal of an aircraft mort- gaged in a. State party to the interi~ational convention for the recogni- tion of rights in aircraft, signed at Geneva on June 19, 1948, the rights provided for in Article 1 of that. convention w-hich exist on the aircraft max 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. PAGENO="0811" AIR LAWS AND TREATIES OF THE WORLD 2213 Art. 28. Except in the case of judicial sale in the manner provided for by decree, the registration of a aircraft may not be transferred to another State except by prior extinction of recorded rights or with the consent of the persons 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 registere.d 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 Senegal, the provisions of the preceding paragraph may not be invoked against such persons or their represent- atives 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 attempt of destruc- tion or removal, of aircraft or spare parts on which a mortgage has been properly recorded, shall be punished by the penalties provided for in Article 406 of the Criminal Code. Any fraudulent act intended to deprive a creditor of his security shall be subject to the same penalties. Art. 31. Senegalese aircraft~, and when there is reciprocity foreign aircraft, shall be exempt from attachment. under the conditions spec- ified in the convention for the unification of certain rules on attach- ment of aircraft, signed in Rome on May 29, 1933, or in any convention a mending it which is applicable in Senegal. Art. 32. 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 airlines and spare parts and accessories indispensable in their operation provided that, in the case of foreign aircraft, they law-fully entered Senegalese territory, and that there is reciprocity. Art. 33. When the owner of an aircraft is not domiciled in Senegal, or when the aircraft has foreign nationality, any creditor shall have the right~ to attach the aircraft with the permission of the presi- dent 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 t.o the amount. of the debt claimed and he may order such lifting by setting the amount~ of the bond to be furnishe.d in cases where the extent of the debt is contested. Art. 34. In the case of damages caused on the ground by t.he crash of a foreign aircraft or an aircraft whose owner is domiciled abroad, and in the case of a violation of this Code by a. foreigner, all officials empowered by Article 80 to enforce Articles 1 to 83, and 110 to 121 of this Code, and particularly the administrative head of the place of the landing may ask the public authorities to detain the aircraft PAGENO="0812" 2214 Aur~ i~ws ~D TREATIES OF THE WORLD 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 fines and costs. Art. 35. The persons specified in Articles 80 and 81 shall have the right to attach any Senegalese or foreign aircraft which does not comply with the conditions for air navigation provided for in this Book or whose pilot has committed a violation. TITLE II. FLIGHT OF Aiitcit~s'r CHAFrER I. TILE RIGHT OF FLIGHT Art. 36. Aircraft may fly freely above Senegalese territory pro- vided they observe the rules concerning air navigation and flight. However, aircraft of foreign nationality may fly above Senegalese territory only when thye have beeen granted such right by diplomatic agreement or when they have been granted an authorization which must be special and temporary. Art. 37. Use 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 serv- ices shall be established by decree. Flight rules shall be a1iplicable in the airspace under the control of the agency or agencies of the civil aviation services in the territoy of the Republic of Senegal. Outside the airspace as defined above they shall apply to aircraft which bear Senegalese. nationality marks to the extent that this is compatible 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 Senegalese territory may be prohibited by decree for reasons of a military nature or of public safety. The location and extent of prohibited areas must be specifically indicated in the decree. Any aircraft committing a violation must land at the first request under the conditions specified 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 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 chief of the respective department on noti- fication from the competent aeronautical authority. When a test consists of a flight including successive landings, au- thorization shall be granted by the Minister of the Interior on notifica- tion from the Minister in charge of civil aviation. CHAPTER II. LANDING A it. 4~2. Except in case of fürce majeure or the cases provided for in the following paragraph, aircraft may only land on, and take off from properly established airdromes. PAGENO="0813" AIR LAWS AND TREATIES OF THE WORLD 2215 A decree issued on the report of the Minister in charge of civil avia- tion and of the Minister of the Interior, shall define the conditions un- der which certain types of aircraft may land or take off at places other than airdromes, with the agreement of the person who is entitled t.o the land or water area used. However, such agreement shall not be required in the case of aid and salvage operations in which the aircraft are used. Art. 4~. In case of landing or setting down on water on private property, the person entitled to the land or water area may not prevent 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 aircraft may be exempted by administrative authorization issued on request by the Minister in charge of civil aviation, from landing on customs airports; in such c.ase, 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 at the limit of the territorial waters. CHAPTER III. REGULATION OF FLIGHT OF AIRcRAi~r Art. 45. Any person who belongs to the flight personnel of an air- craft must have one or more valid patents and aptitude licenses, cor- responding to his duties and issued under conditions specified by decree. Art. 48. An aircraft may make a flight only when it has an air- worthiness certificate issued after inspection of the aircraft under con- ditions determined by decree. Decrees shall further determine the markings which must be affixed to an aircraft and the operational rules, particularly the documents which must be carried aboard and the technical operating conditions of aircraft. Decrees shall also determine the operational rules applicable to for- eign aircraft. 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 in charge of civil aviation and of 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 transportation of dangerous substances, cultures of microbes, and small infected or dangerous animals shall be deter- mined by decree. PAGENO="0814" 2216 AIR LAWS AND TREATIES OF THE WORLD Art. 48. No equipment for radio telegraph or radio telephone in- tended for the mobile aeronautical communications service may be in- stalled or used aboard an aircraft without special authorization; the same shall apply to equipment for radio navigation or electromagnetic detection. Aircraft for public passenger transport must be equipped with radio communication apparatus necessary for flight safety under conditions determined by decree. In all cases, the crew members who use radio telegraph or radio tele- phone equipment must have a radio operator's license or a qualifica- tion for radio telephone; the use of such equipment must be in accord- ance wit.h the regulations. Art. 49. Any aircraft landing on an airdrome or on private prop- erty shall be subject to the control and supervision of t.he 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 52, provided such flights do not constit.ute a public show. However, they may not transport passengers unless they have a certificate of airworthiness. Art. 52. Airworthiness certificates, aptitude patents and licenses issued or validated by t.he State whose nationality the aircraft has, shall be recognized as valid for flight above Senegalese territory when reciprocity exists under an international convention or a decree. Trn~ III. DAMAGES, LIABILITY AND LOSS OF AIRCRAFT Art. 53. During flight pilots must comply with traffic and flight rules and must take all precautions necessary to avoid damages. Art. 54. In the case of damages caused by an aircraft in flight to another aircraft. in flight, the liability of the pilot and of t.he 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 the flight of aircraft, or by persons or articles falling therefrom. Such liability may be reduced or avoided only by proof of negligence of t.he injured person. Art. 56. Except with a special authorization, it shall be prohibited, other t.han in cases of force majeii~re. to t.hrow from an aircraft. in flight any goods or articles what.ever, with the exception of regulation ballast. In case of jettisoning by reason of force majeure, or jettisoning of regulation ballast or of specially authorized jettisoning which causes damages to persons and 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 damages. However, when t.he charter has been recorded in the register, the owner shall only be liable when the third person proves negligence on his part.. PAGENO="0815" AIR LAWS AND TREATIES OF THE WORLD 2217 Art. 58. An action for damage liability shall be brought in the court of the place where the damage was c.aused or in the court at the domi- cile of the defendant, at the choice of the plaintiff. In the case of damage caused to an aircraft in flight, the court at the place where the damaged aircraft had to land after the injury, shall have jurisdiction. Art. 59. The provisions of the Merchant 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 wheii the last news was sent. The death of persons aboard an aircraft nifty, after expiration of such period, be declared by a judgment, under the conditions provided for in Article 55 et 8eq. and in Law No. 61-55 of June 23, 1961, by application of the provisions of the Civil Code. Art. 6~. The manner of application of t.he preceding articles shall be determined by decree. TITLE IV. CRIMINAL PROVISIONS Art. 63. Any person shall be punished by a fine of from 60,000 to 1,200,000 frs. and by imprisonment of from six days to one month, or by oniy 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 identifica- tion marks provided for in Article 4; 3) causes or permits to fly, any aircraft who airworthiness cer- tificate, or flight permit by way of exception has ceased to be valid; 4) causes or permits to fly any aircraft 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. 64. Any person shall be punished by a fine of from 60,000 to 1,200,000 frs. and by imprisonment of from six days to six months, or by only one of these penalties, who: 1) flies, or participates in flying an aircraft without valid docu- ments required by the regulations: 2) destroys or removes a flight, log or any other flight document required by air regulations or makes in such log or any other docu- mnent inaccurate notations. 3) flies or participants in flying an aircraft under the condi- tions specified in Article 63; 4) violates Article 42. PAGENO="0816" 2218 AIR LAWS AND TREATIES OF THE WORLD Art. 6.5. The penalties provided for in Article 63 shall be doubled when the violations specified in paragraphs 1), 3) and 4) of Article 63, and paragraph 1) of Article 64 have been committed after denial or withdrawal of the registration certificate, the airworthiness certificate, or the flight permit by way of exception, or the licenses required for crew members under the regulations. Art. 66. There shall be punished by a fine of from 12,000 to 200,000 frs. and by imprisonment of from six days to one month, or by only one of these penalties: 1) any person who is found aboard an aircraft in flight with- out, being able to justify his presence by a proper ticket or by permission of the operator or the flight commander; 2) any person who does not comply with, or refuses to com- ply with the instructions of the flight commander in view of the safety of the aircraft. or t.hat of the persons carried. Art. 67. 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. 68. Any person who affixes, or causes to be affixed to an air- craft, registration marks not in conformity with those on the registra- tion certificate, or who removes or causes to be removed, or renders or causes to be rendered illegible properly affixed marks shall be punished by a fine of from 120,000 to 2,400,000 frs. and by imprison- ment of from 6 months to 3 years. Any person who affixes or causes to be affixed to a private aircraft, the markings reserved to public aircraft or who uses or causes t.o be used a. private aircraft bearing such markings, shall be subjec.t to the same penalties. Art. 69. The violation of the provisions of Article 47 by any per- son shall be punished by the penalties provided for in Article 63. There shall be punished by t.he penalties provided 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- graphic. or motion picture equipment above prohibited areas. Art. 20. Any person who has been sentenced for a violation of any of the preceding articles and who commits a further violation of a provision of t.his Code, or the same violation within a period of five years from the end of the imprisomnent 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. 21. There shall be punished by a fine of from 12,000 to 60,000 frs. 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 para- graph, and any crew mneniber specially ordered to keep them; 2) any owne.r or charterer recorded in the register who omits to preserve any of the flight documents for 3 years from the last emit ry; 3) any person who violates Article 40: 4) any person who violates the regulations concerning techni- cal operating conditions of aircraft issued in application of Arti- cle 46. PAGENO="0817" AIR LAWS AND TREATIES OF THE WORLD 2219 In the case of repetition, there shall always be imprisonment. There shall be deemed repetition when, during the preceding year, a judg- ment has been rendered against the violator for one of these viola- tions. Art. 7~. Any person who violates Article 41, or the 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] ~1 Art. 73. A prohibition to fly, or to participate in flying an aircraft may be imposed by judgment or orcimance for a period of from 3 months to 3 years, against a crew member sentenced under Articles 65, 66, and 68. When a crew member is sentenced for the second time for the same violation within the period provided for in krticle 70, the prohibition to fly, or to participate in flying an aircraft shall be imposed and the duration thereof shall be for 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 frs. without thereby aff~ting the penalties under Article 64 in the case that they fly or participate in flying an aircraft during the period of prohibition and such penalties cannot be inter- mingled. Art. 74. In accordance with Article 56 of this Code any unautiior- 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 jettisoning causes no damage, and without. thereby affecting more severe penalties which may be imposed in case of other violations. Art. 75. Any flight commander of an aircraft who, in tile knowl- edge that the aircraft has caused or occasioned an accident on the ground, does not immediately notify tile authorities of the nearest airport with which he can communicate, and thus attempts to t~void criminal and civil liability he may have incurred, shall be puni~hod by the penalties provided for by the law in cases of the offense of leaving the scene of an accident. Art. 78. Tile provisions of the Criminal Code pertaining to nhitiga- gation and aggravation of penalties shall be applicable to all violations specified in this law. Art. 77. 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 rule. All unauthorized unloading and dropping of goods other than those 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 t.he fine incurred, or may be subject to attachment which, Missing in original French. 39-737 O-65--~vol. II--52 PAGENO="0818" 2220 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. 78. In regard to goods exported in discharge of temporary ad- mitt ance or bonding permits or 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. 79. Article 16 shall not be applicable to violations specified by the customs laws. Art. 80. Violation of the provisions of this Book and of the regula- tions issued for its application shall be I)rosecute.d iiidependently by the officers of the~ judicial police, by the officials of the technical bureau of the Civil Aviation Board, by army or navy personnel, and by agents of the civil or military authorities appointed for such purpose, and by the gendarmes and customs agents. Art. 81. The State attorney, the investigating courts, the justices of the peace. the police, officers at the office of the State attorney des- ignated by the (ode of Criminal Investigation, the officials of the technical bureau of the Civil Aviation Board, army or navy person- iiel, and agents of t.he civil or military authorities appointed for such purpose, and the gendarmes and customs agents shall have the right to seize explosives, weapons and amunition, carrier pigeons, photo- graphic equipment. photographic~ negatives and mail, as well as all radio telegraph 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 aboard any aircraft authorized to transport such articles in case such aircraft flies over prohibited areas. Confiscation of articles and equipment lawfully seized shall be de- creed by the court. Art. 8~2. Any aircraft whose airwort.hiness certificate and registra- tion cannot be produced or whose registration marks do not agree with those on the registration certificate may be detained at. the ex- pense of the owner or, in the case of a charter recorded in the register, at the expense of the charterer recorded by the authorities in charge of enforcement of this Code until the identity of the owner can be established. Art. 83. The file stating the violations of this Code and the decrees provided for therein, shall be transmitted without delay to the State attorney. BOOK II. AIRDROMES TITLE I. AIRDROME REGU-LATION---E STABLISHMENT Art. 84. An airdrome shall be deemed any land or water area spe- cially equipped for the landing. take-off, and maneuvering of aircraft including the related installations which may be pi~eseiit for the needs of traffic and service of aircraft. Art. 8~. An airdrome shall be 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 88. J,t. 86. A decree shall state the conditions of establishment and u~ of airdromes whether or not they are open to public air traffic. PAGENO="0819" AIR LAWS AND TREATIES OF THE WORLD 2221 Art. 87. The opening of an airdrome to public air traffic shall be pronounced by ordinance of the Minister in charge of civil aviation after a technical investigation. Closing of an airdrome to public air t.raffic shall occur in the same manner. Art. 88. The use of an airdrome open to public air traffic may at any time be made subject to certain restrictions or it. may be tem- porarily closed if flight 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. Furthermore, when several airdromes open to public air traffic serve the same region, the Minister in charge of civil aviation may regulate their use in the general interest and particularly may specially reserve each of them for certain types of aircraft or for certain kinds of air activities or commercial operations. Art. 89. All airdromes may be made subject to the technical and administrative control of the State. Art. 90. Airdromes for public air traffic shall be subject to a classi- fication established by taking account of the character and the im- portance 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. 91. Airdromes for public air traffic may be established by the State, by public organizations and public establishments, or by pri- vate natural or legal persons who fulfill the conditions specified by decree. Art. 92. For reasons of national defense a decree may prescribe that the State temporarily or permanently replace the operator of an airdrome. CHAPTER II. CLASSIFICATION Art. 93. The technical and administrative conditions of the classi- fication provided for in Article 90 of this law, the categories into which airdromes are divided, the procedure preceding the classifica- tion and the effects of the classification shall be determined by decree issued on the report of the Minister in charge of civil aviation, on the advice of the Minister of Justice, of the Minister of Finan~e, of the Minister of the Interior, and of the Minister of National Defense. Art. 94. The classification of airdromes shall be declared by decree issued on the report of t.he Minister in charge of civil aviation, on the advice of the Minister of Finance, of the Minister of the Interior, and of other Ministers concerned. CHAPTER III. FEES Art. 95. 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 rende.riiig the service, and particularly for the following operations: Landing of aircraft; Fse of devices of aid to aerial navigation: Use of aeronautical telecommunications facilities: Parking and hangar space for aircraft; PAGENO="0820" 2222 AIR LAWS AND TREATIES OF THE WORLD Use of installations equipped for the reception of passengers and pods; Fse of various installations and workshops; Occupation of land and buildings; Visits to all or part of the. reserved areas of the airdrome. Art. 96. Decrees issued on the joint, report of the Minister in charge of civil aviation, and the Minister of Finance shall determine the fees and the method of levy. Art. 97. 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 an 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 amount in dispute. TITLE II. AERONAUTICAL RESTRICTIONS Art. 98. In order to ensure the safety of navigation of aircraft, special restrictions called "aeronautical restrictions" are imposed. Such restrictions include: 1. Aeronautical restrictions for the purpose of clearance in- cluclino the prohibition to create, or the obligation to remove, any obstacffes that may constitute a danger to air traffic or impair the functioning and safety devices established in the interest of air traffic; 2. Aeronautical restrictions of marking carrying an obliga- tion 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 to support the installation of such devices. A,t. 99. The provisions of this Title shall be applicable: a) To airdromes intende.d for public air traffic or established by tile State; b) to airdrome not intended for public air traffic and estab- lislied by a. natural or legal person other than tile State; c) to installations of aid to air navigation, or aeronautical telecommunications, but tile provisions concerning restrictions established in tile interest of radio-electric transmission aiid recep- tion shall apply: d) to certain locations which constitute preferred reference points for air navigation. Art. 100. The restrictions provided for in Article 98 shall ensure to air navigation conditions of safety at least equivalent to those result- ing from the standards and recommendations of tile International Civil Aviation Organization, ill accordance with Annex 14 of the Con- vention on J.nternational Civil Aviation of December 7, 1944. Art. 101. Tile Minister in charge of civil aviation or, for airdromes or i~i~ routes comu~eruing him, tile Minister of National Defense, may prescribe 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 tile installation of visual or radioelectric de- vices of aid to air navigation. PAGENO="0821" AIR LAWS AND TREATIES OF THE WORLD 2223 He may also order the removal or modification of any visual device, other than a marker at sea, which is such as to create confusion with visual aids to air navigation. Art. 102. In order to install the markings mentioned in Article 101, 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. 103. 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 iii charge 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. 104. When the reasons of the requirements of air traffic the competent authority decides on the expansion or establishment of air- dromes or installations intended to ensure the safety of air navigation, the necessary land, if not already reserved for that purpose in a build- ing plan under consideration or approved, may be declared reserved by regulations after a public investigation in the form prescribed by the provisions applicable to expropriation. Art. 105. Decrees shall prescribe the methods of application of this Title. TITLE III. CRIMINAL PRovIsIoNs Art. 106. Any person who remains, or enters on any land prohibited by the general regulations and ordinances on airdromes affected with a public service, or who permits cattle, or carriage, pack, or ridin animals to remain thereon, shall be subject to the penalties provide for this matter in the Criminal Code and, in addition, may be deprived of any right to damages in the case of accident. The provisions of Articles 80 and 83 shall be applicable to this Article. Art. 112. Violations of the provisions concerning aeronautical clear- ance and marking restrictions established in the interest of air naviga- tion 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. and by imprisonment, of from t.en days t.o three months, or by only one of these. penalties. Art. 108. On request. of the Public Ministry, acting at the request of the Ministry concerned, the court that has cognizance of the case shall, under penalty of 1,000 to 10,000 for each day of delay, impose on the persons who violate these provisions a time limit to remove or modify the st.ructures 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, t.he court may, on request of the Public Ministry acting under the same conditions, collect one or several times PAGENO="0822" 2224 AIR LAWS AND TREATIES OF THE WORLD th~ amount of the penalty, even exceeding the maximum provided above. The court may decree return of part of the penalties when the matter has been remedied and the person liable shows that he has been pre- vented by circumstances beyond his control to observe the time limit imposed. In addition, 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. BOOK III. AIR TRANSPORTATION Art. 109. Air transportation means the transportation by aircraft of passengers, mail and goods from one point to another. TITLE I. TRANSPORTATION CONTRACYr CHAPTER I. TRANSPORTATION OF GOODS Art. 110. 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. 111. 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 Senegal, even if the transportation is not international in the sense of that convention. Art. 112. Liability of a 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 111 above. Art. 113. The fraud provided for in Article 26, paragraph 4 of said convention, is one by which the carrier hides or tries to hide loss, short- age 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 prevented from presenting his claim by/orce maje~re. Art. 114. 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 liabilit.y 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. 115. The carrier shall make out a manifest containing the t.ype and nature of the goods carried. However, as regards domestic traffic in Senegal, variations may be granted by the Minister in charge of civil aviation. Alt. 116. 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. PAGENO="0823" AIR LAWS AND TREATIES OF THE WORLD 2225 CHAPTER II. TRANSPORTATION OF PERSONS Art. 117. 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. However, this provision shall not be applicable to round trip trans- portation to the airdrome of departure without intermediate stop. Art. 118. Liability for the transport of passengers shall be governed by the provisions of the Warsaw Convention of October 12, 1929, as provided in Articles 112, 113, and 114, above, and by all conventions applicable in Senegal which modify or amend it, even if the transport is not international in the sense of that convention. For international transportation, the operators shall take the pre- cautions necessary to ensure that the passengers possess all docu- ments required by the States for purposes of control. Art. 119. Liability of a carrier of persons shall be governed by the provisions of the Warsaw Convent.ion of October 12, 1929 as provided for in Articles 112, 113, and 114 above. However, unless there are contrary provisions in the convention, a carrier who undertakes gratui- tous transportation, shall not be liable w-ithin 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. Liability of an air carrier may not be imposed except under the conditions and within the limits provided br above, whoever the persons bringing the action, and whatever the right, they pretend to claim may be. CHAPTER III. CHARTER AND RENTAL Art. 120. 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 au agreement to the contrary. Art. 121. The owner of an aircraft chartered to a third person shall remain liable for the legal obligations and shall be jointly liable with t.he charterer for any breach thereof. However, when the charter contract is recorded in the register and when the charterer fulfills the conditions required for owner- ship in a Senegalese aircraft, such charterer shall be solely liable as operator for all legal obligations and shall be solely liable for any breach thereof. TITLE II. CARRIERS CHAPTER I. SENEGALESE CARRIERS Art. 122. No one shall engage in any air transportation on a com- mercial basis and for payment unless he has been authorized by the Minister in charge of civil aviation. Art. 123. Carriers authorized under Article 122 above, must submit for prior approval of the Minister in charge of civil aviation: 1) Their general plans for the purchase and rental of flight equipment; 2) Their plans of operation containing in particular an indi- cation of the types of equipment normally used on each of the passenger services listed in such plans. PAGENO="0824" 2226 AIR LAWS AND TREATIES OF THE WORLD The rates shall be submitted for approval to the Minister in charge of civil aviation. Transportation of a maximum of six passengers by aircraft whose wei~rht is less than 5,700 kilograms shall not. be subject. to the obliga- tions specified in this article. A rt. 124. Coordination between air transportation and transporta- tion on the ground or on water shall be assured by the Ministers concerned after consult at ion of the competent. organizations. Art. 12g. Air carriers shall be subject to the technical control ex- ercised by the Minister in charge of civil aviation in order to insure air safety. Expenses incurred by such control shah] be borne by the carriers. Art. 121L Control of air carriers by the State shall be exercised by the Minister in charge of civil aviation as regards technical op- eration and working conditions for the personnel, commercial opera- tion and administrative regulation. Art. 127. The Minister in charge of civil aviation may delegate certain functions of control to a technica] organization set up for this purpose. A rt. 12~. Authorized carriers must, on request by the officials in charge of control, open to them for inspection all documents which are neces~arv for the exercise of their functions. Art. 129. The conditions of application of Articles 123 and 125, shall be affixed by decree. The Company "Air Afrique" Art. 130. The company "Air Afrique" established by the treaty of Yaundé, signed on March 28. 1961, shall be deemed to have Senegalese nationality. CHAPTER II. FOREIGN CARRIERS Art. 131. The establishment and operation of scheduled foreign air carriers coming from, or going to Senegal, shall be subject to prior authorization by the Government. Art. 132. The plans, timetables, rates and technical facilities for operation of foreign air carriers providing services from or to Senegal must~ be submitted to the competent aviation authorities under the con- ditions fixed by the latter. Art. 133. Commercial transportation of passengers and goods be- tween two points in Senegal shall be reserved to Senegalese carriers except~ for special and temporary exceptions. CHAPTER III. PENALTIES Art. 134. When an air carrier violates the provisions of Articles 123, 125, 132, and 133, the Minister in charge of civil aviation may decree, for all or some of the activities undertaken, the~ suspension or with- drawal of the permits or authorizations granted. Art. 135. Any Senegalese or foreign air carrier who, without author- ization or in violation of the conditions prescribed in the authorization issued to him, undertakes in Senegal any air transportation, shall be punishable by a fine. PAGENO="0825" AIR LAWS AND TREATIES OF THE WORLD 2227 Such fine shall be imposed by any agent empowered to pursue viola- tions in air traffic matters, particularly by airdrome commanders, and shall be paid in cash to the qualified agents, particularly to collectors of fees attached to airdromes. Such fine shall he in proportion to the weight of the aircraft and shall be established on the basis of ~25,000 frs. per ton, for each trans- port. The weight considered shall be the maximum take-off weight under the airworthiness certificate. Any fraction of a tone 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 au- thorities. BOOK IV. FLIGHT PERSONNEL TITLE 1. GENERAL PRovisIoNs CHAPTER I. PATENTS. LICENSES. AND QITALIFICATIONS Art. 136. The titles designated "patents" denote general overall theoretical and practical knowledge. They are issued after an exami- nation and are permanently acquired by the titleholders. The title designated "licenses" denote an aptitude and the right, for titleholders of patents, to perform the corresponding functions sub- ject to the qualifications provided for in the following article. Li- censes are valid only for a limited time; they may be renewed after periodic 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 Senegalese or foreign titles denoting knowledge at least equal to that required for such examinations, shall be fixed by decree. In no case shall the beneficiaries of the exemptions mentioned above be exempt from the practical examination. Art. 137. The performance of functions corresponding to the dif- ferent license.s is subject to the titlehoider~s possession of special pro- fessional qualifications in view of the aircraft, the equipment, and the conditions of the flights contemplated. The definition of the special professional qualifications, the condi- tions to obtain and renew them, the plans and regulations for the re- spective examinations shall be fixed by decree. CHAPTER II. DISCIPLINE Art. 138. A disciplinary board of the. flight personnel of the Civil Aviation Board shall propose to the competent. Minister the applica- tion of the. penalties provided for in Article 140 in regard to mem- bers of the flight personnel of the civil aviation found guilty of violations of this law, amendments thereto, and of regulations issued thereunder. Art. 139. The disciplinary board of the Civil Aviation Board shall be divided into two sections: Professional flight personnel; Private flight personnel. PAGENO="0826" 2228 MR LAWS AND TREATIES OF THE WORLD It shall he presided over by the Minister in charge of civil aviation. Membership, functioning, and jurisdiction of the disciplinary board shall be. fixed by decree.. Art. 140. Disciplinary punishment under the jurisdiction of the disciplinary board are: Temporary withdrawl, with or without return of one or more licenses; Permanent withdrawal of one or more licenses. Removal from the register as provided in Article 150. Art. 141. In case there is serious reason to presume that there is liability of the. aircraft commander or a crew member, and while await- ing the conclusions of the disciplinary board, the competent Minister may suspend the person concerned from his duties for a period not to exceed two months. If the person concerned is a member of the professional flight per- sonnel, he shall receive his guaranteed minimum salary during the time of suspension. Art. 142. The person concerned may challenge the board members in the manner provided for in the Code of Civil Proc.edure in the case of judges. Art. 148. The flight. commander shall make a detailed report within forty-eight hours following any accident or event, which may have serious consequences whether on the ground or in flight, or any viola- tion of the flight rules. Art. 144. The Minister in charge of civil aviation shall undertake all investigations and inquiries in order to determine and state the cause of accident and other event.s. Art. 148. The Minister in charge. of civil aviation may establish a commissiomi of investigation, the membership of which shall be fixed by ordinance. Such commission of investigation must hear t.he representatives of the organization and t.he flight, personnel concerned, or their representatives. Reports of the investigation shall be transmitted to t.he courts at their request and, if the Minister in c.ha.rge of civil aviation so decides, to foreign States who have participated in t.he investigation, to the Ministries, carriers, aviation clubs, owners of aircraft. involved in the acci(lent and to the .Journa7 Officiel for publication. Art. 146. When the commission of investigat.ion finds professional negligence, a copy of the file shall be sent directly to the disciplinary board of the Civil Aviation Board. TITLE II. PROFESSIONAL FLIGHT PERSONNEL CHAPTER I. CATEGORIES Art. 147. Professional flight personnel of civil aviation shall be deemed any person performing, as a permanent and principal occupa- tion. either on their own account or on account of another person, for profit or remuneration: The command and flying of aircraft.; Flight service of the. engines, various machines and equipment necessary for flight and navigation of aircraft.; PAGENO="0827" AIR LAWS AND TREATIES OF THE WORLD 2229 Flight service of other equipment installed on aircraft, par- ticularly photographic and meteorological equipment, or equip- ment for agricultural work and equipment. for parachute jumps. Supplementary flight, services shall include particularly the com- mercial flight personnel of air transportation. Art. 148. The professional flight personnel of civil aviation shall belong to one or more of the following categories: Testing a.nd admissions; Air transport; Aerial work. Art. 14.9. For application of this Title: 1) Testing and admissions are defined as follows: All tests, performed in flight, on the ground or water, under t.he direction or control of the manufacturers or representa- tives of the State, with the purpose of research iii the charac- teristics and perfection of aircraft and all test. flights; 2) Air transport is defined as follows: Any air operation performed for payment. or salary, for or during transportation of passengers, mail and cargo; 3) Aerial work is defined as follows: Any paid air operation in which aircraft. is used for pur- poses other than transportation or testing and admissions as defined in paragraphs 1 and 2 of this article.. It. shall include in particular flight instruction, demonstra- t.ion and publicity flights, photography. parachute jumping. advertising and agricultural air operations. Art. 150. The classification of the professional flight, personnel shall be established by decree. No person may be a member of the professional flight personnel of civil aviation unless he. is re.gistered in a. special registe.r. However, personnel of the supplementary flight services for less than six months need not. be registered in such register. Art. 151. To be first registered in any register, the applicant must fulfill the following conditions: 1) Have Senegalese nationality; 2) Hold patents, or, as the case may be., valid licenses on the respective register; 3) Have not. been sentenced to prison or a more serious penalty either for a crime or offense against decency or eon fra honos mores. There shall be determined by decree issued on the. report of the Min- ister in charge of civil aviation: a) The rules applicable to the establishment and keeping of such registers; b) The condit.ions under which changes in registration, refusal of registration, suspension, cancellation and re-registration are in order, and conditions under which the persons concerned, must jus- tify their registrat.ion. Art. 15g. Persons who do not. have Senegalese nationality may be authorized to perform temporarily the duties reserved by Article 147 to the professional flight, personnel of civil aviation. In ea.ch c.ase such a.uthorization shall be granted by a decision made by the Minister in charge of civil aviation within the framework of the laws and regulations concerning the control of residence and work permits. PAGENO="0828" 2230 MR LAWS AND TREATIES OF THE WORLD As an exception, their registration in the. registers of the profes- sional flight personnel of civil aviation may, in specific instances be authorized by a.n ordinance of the Minister in charge of civil aviation. CHAPTER II. THE AIRCRA~~ COMMANDER AND THE CREW A it. 1.53. The crew shall consist of all the persons present aboard for the. service of the aircraft in flight. They shall be subject to the orde.rs of the aircraft commander. Ait. .754. Membership of the. crew shall be determined in accordance with the type of aircraft, the kind and duration of the t.rip to be made arid the nature of operations for which the aircraft is used. The members of the cre.w shall be. appointed by the operator and car- ried on a list, as required by the. regulations. A list, of names of the crew shall be. made out. before each flight, in accordance with the regulations. Art. 155. 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 dea.th 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. Art. 156. The aircraft. commander shall be responsible for t.he exe- cut.ion of the mission. Within the limits defined in the regulations and the instructions of the competent. authorities and the operator, he shall chose the route and flight, altitude, and shall determine the distribution of the cargo of the aircraft. He may delay or suspend the departure and, during the flight, even cha.nge t.he destination whenever he finds it necessary for safety rea- sons and provided he gives an account by furnishing reasons for his decision. Art. 157. The aircraft commander shall have authority over all per- sons aboard. He shall have the right, to remove from the aircraft any person among the crew or the passengers or all [or] part of the cargo that. may present a danger for the safety, the welfare or good order aboard the aircraft. If he considers it necessary, he may, during 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 have command of the aircraft. during the whole flight. Art. 158. The aircraft commander shall be consignee of the aircraft and shall be responsible for the loading. In the case of difficulties in the execution of his task, he must request instructions from the oper- ator. 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: PAGENO="0829" AIR LAWS AND TREATIES OF THE WORLD 2231 e) to borrow the amounts necessary to permit performance of the measures specified in the preceding paragraphs. If the case arises, an action shall be brought before the court that has jurisdiction over commercial matters. CHAFfER III. CRIMINAL PROVISiONS J rt, 1~9. Any person who performs any duty requiring certificates, licenses and qualifications for professional flight personnel of civil aviation in violation cf the provisions of this Title shall be punished by a fine of from 40,000 to 240,000 frs. and by imprisonment of from ten days to one month, or by only oii~ of those penaities~ Any officer of an enterprise who entrusts such duties to a person who does not fulfill the conditions required i~i this Title, shall be subject to the same penalties. PAGENO="0830" PAGENO="0831" SIERRA LEONE CUSTOMS REGULATIONS' PART V.-ARRIVAL AND REPORT OF AIRCRAFT AND SHIPS 23. The master of every steamship or of any other ship ~hiP~sdrePort specially allow-ed to report after bulk is broken arriving at any port or at any place in Sierra Leone specially al- lowed by the Comptroller shall unless the Comptroller otherwise directs present to the boarding officer imme- diately after boarding and before breaking bulk the re- port of the ship's stores in such form as the proper officer requires and of any packages and parcels for which no bill of lading has been issued in the Form C 4 and shall point out to such officer the location of all such stores and produce to him all such packages and parcels and comply with any instructions which such officer may give re- garding the landing, entry and delivery of any such stores (if permitted), packages and parcels: Provided that when the master under dispensation of the Comptroller as aforesaid is not. required to report his stores to the boarding officer immediately on arrival he shall report them in the space provided on the Form C 5 when he makes his inward report in accordance with regulation 28. 24. The master of a ship required to report before bulk Reporting is broken may, if permitted by the proper officer, make ~jjng report of the stores and of any packages or parcels for tulk. which no bill of lading has been issued on the caigo report in the m~.nner and giving the particulars required by such officer but, if not, so permitted. shall leport the stores and packages. or parcels for which no bill of lading has been issued in the manner set out in re~ulat.ion 23. 25. The master shall produce to the officer all such Master to stores, packages and parcels and shall comply with any ~ instr~ictiorjs which the. officer may give regarding the landirg, entry and delivery of any such stores (if per- mitted), packages and parcels. 26. All stores width rre required for the use of the Use of master, ufficers, crew and passengei~ wi~iie. an ajreraft or t~ lfl ~ip .s .. n~rt. sl~.al1 on request ~e produced separatel~ to the boar~t~ng officer who may either approve oif the. quan- tity produced or require a portion or the whole of such stores to be. placed under seal. All other stores must be sealed by the boarding officer. Should the quantity of Laws of Sierra Leone, 1960, vol. VIII, Cap. 271. 2233 PAGENO="0832" 2234 AIR LAWS AND TREATIES OF THE WORLD stores unsealed prove insuTh~ient, application for the Un- sealing of further stores shall be made to the proper officer who will release such quantities as in his discretion he considers necessary and re-seal the remainder: Provided that the boarding officer may permit any stores to remain unsealed where he is satisfied that due precauttolis will be taken against the smuggling of the stores so left unsealed. Arms. 27. The master of any aircraft or ship shall immedi- ~ ately upon the deniainl ~nade to him by an officer deliver ~rarat~o~ to him list of all cargo consisting of arms, explosives, niatci~es. petroleum products or any other goods which may be required to be deposited on arrival in a special place of security and a written declaration in the Form (` 62 by each member of the crew of all dutiable articles in his possession. F~rtp of 28. The inward report of every ship shall be in the Form C 5 and shall be presented to the proper officer on report. a i-rival at an': port in Sierra Leone or at any other place in Sierra Leone specia liv allowed by the Comptroller. Form o~ 29. The inward report of every aircraft shall be in the Form C6 supported l)y detailed declarations of the goods reporL. made out by the consignors in the. Form C7. At the time of making his report tile master shall produce his journey logbook for stamping by the proper officer. Initialling 30. Each separate page of any report submitted under folios. regulations :~ and ~ other than that on which the dee- laratic.n is signed must be initialled by the master or ageat who signs the report and such master or agent shall nunP~~er and seal together the pages and shall if required sign the report in the presence of the proper officer. Travei.oag 31. When an aircraft calls at more than one port or place in Sierra Leone a separate report shall be made at r~porter trix-.h port or place of call and a travelling copy of the Form C6 giving the required particulars of all the goods on board shall be produced to the. proper officer for en- dorsement at eacl~ such port or place of call and finally handed ove.r by the master or agent to the proper officer at the last port or place of call in Sierra Leone. A~roract ~ 32. ii) Subject to sub-regulation (2), where an air- biihgirig to or craft or ship before arriving at a pert or other approved w~h~flS~~ place or having left an approved port or place for a 1~one after destination outside Sierra Leone is compelled to bring ne to or land within SielTa Leone owing to accident, stress of weather or other unavoidable cause, the master shall forthwith report to the nearest officer or the nearest Ad- nunistrauve Officer in charge of a distinct and shall on demand by such officer produce the journey logbook or ether papers relating to the aircraft or ship or to its cargo and passengers and shall not allow any goods to be un- ioaded t.herefroni without the. consent of such officer and no passenger thereof shall leave the immediate vicinity ot the aircraft or ship ~r~thout. such officer's consent. PAGENO="0833" AIR LAWS AND TREATIES OF THE WORLD 2235 (~) If any such place as aforesaid is a priv~tte aero- dome, wharf or quay the master shaH forthwith report the arrival of the aircraft or ship and the name of the place whence it came to the proprietor of such I)lace who shall forthwith report the arrival of the aircraft or Ship to the nearest officer or to the nearest Xdniinistrative Officer in charge of a district and shall not allow any goods to be unloaded therefrom or any passenger thereof to leave such pi~ivate aerodronie, wharf or quay without the consent of such officer. 33. The contents of every package and of all cargo m aPa~ick~ bulk intemleci for discharge in Sierra Leone including ~rgo to i)e packages and cargo declared in transit and for tranship- described. ment shall be reported in accordance with the (lescription thereof contained on the relative bill of lading or de- tailed declaration made out by the consignors as the case may be: Provided that the contents of all packages containing spirits, wines, tobacco, cigars, cigarettes, firearms. amniu- nition, explosives (including gunpowder), aviation and motor spirit, refined petroleum, ill unniiat lag 011, matH ics, animals, plants and all goods the iinpoitatioll of which is restricted shall be specifically reported. 33A. Spirits shall not be imported in ships of less than Siiirit~ mi ported 100 tons burden. by sea. 34. (1) The report of every ship shall show the. weight Weight or or cubic measurement of the cargo reported according ~`~urement to each bill of lading and shall contain a declaration that ~ such weight or measurement is the weIght or measure- ment according to which freight has been charged or if no freight has been charged then the weight or measure- ment normalh- chargeable for the like kind and quantity of goods. The totals of such weights and inea~urement~ shall be shown at the bottom of each page of lie Ie[)i)rt and a summary of the totals of each page shall be sha~v~i on the last page of the report on which the total toneage shall be stated in words at length. (~) For the purnose of this regulation a ton measure- Me~ning ment means a measurement of forty cubic feet but univ measure- in the discretion of the Comptroller but not othier\ri~e meat." include a ton calculated on all agreed basis other i han ihat of forty cubic feet. 35. Goods iii transit or for transfer ia another air r~ ft fleporting or ship for re-exportation ol ~ootTs lkiived to I deal i~~i~ient with in the manner piovided for in the prov~o ~*C) ~ cargo aton (~ nilist be shown separately u the i~iwnd ~ oFt in tl~e b)lL)w~ji1~ form- - `~Tl~e undernoted carQo is iin~ebv repealed in transit `to be tran shipped to 36. In the case of ships other than steamships all ear~o flf~port f -. slaps other whether consigned to Nerra Leone or not ~Iia he ic- tüan l)orted in the manner descriheil ii) regi1i~t ~ ~ ~. steamship. 39-73T--05-vol. II-113 PAGENO="0834" 2236 AIR LAWS AND TREATIES OF THE WORLD ~argn 37. In the case of aircraft and steamships, cargo re- remaining . on board: ninhlling on board for exportation may oe re.porte.ct as "( `renera I cargo renia ining on board for exportation uiiless the proper officer in any particular case otherwise directs. Overcarried 38. Where the report contains particulars of cargo cargo. which h~is been previously reported in Sierra Leone by a i nra ft or ship and overcarrie(1 and returned in the same or Il another aircraft or ship such cargo shall be sepiirat clv reported under the heading `Cargo reported by the. aircraft `s.s. . . . on (date) and overcarried". "In 39. Aircraft and ships havino on board no goods other ballast. 1 than stores anti the personal baggage of passengers shall be rel)orte(I "ifl ballast. Amending 40 ~Uiere roo(ls ale found to be discharo~ed in excess inward . ,. . reports. Or snarl at the report the master or his agent may make app1 led ion to the proler officer for permission to amend tile report. Such applleat ion shall be in the Form C 8 and shall set out. the reasons for the discrepa.ncie.s I b oiled tliiit if after having reported cargo to l)e lalIlelI It is desired to clear an aircraft or ship without aol a part of such cargo the application to amend tliO relait shall, in respect of such part, state only that it is desired to retain the same on board for re- export itioui. 41. liefore. the proper officer gives permission for a re- granting port to be amended the master or his a~rent shall satisfy amendments. him in the ease of goods found to be ~hort either: ((71 that tIle goods were not loaded, or 7 I that they were discharged and landed at some previous port. or (e) that they were overc.arried and landed at a stibse1uent po~t : or (7) that having l)een overcarried they were re- tun e~l to and landed in Sierra Leone on the return vovaLto or by some other aircraft or ship which loaded them at the port to which they were over- carried. Rummaging. .12. The master, officers and crew shall give all possible Nststance. to officers engaged in rummaging an aircraft or ~ii1l). iferance 43. If the master of an aircraft or ship wishes to pro- ceed to a sufferance wharf or any place other than an approved place, of loading or unloading there to load or discharge cargo lie must. apply to the proper officer for permission in the Form C 9. The proper officer may grant such permission subject. to such directions and con- ditioris as lie may see fit t.o impose and to the payment by the master or his agent of fees at the appropriate rates of overtime for each officer employed during the aircraft's or ship's stay at such wharf or place. ~ndceed 44. No goods may be loaded or unloaded at a sufferance ~ttOrb~ wharf or any place other than an approved place of load- - ing or unloading until they have been duly entered by the exporter or importer as the case may be: PAGENO="0835" AIR LAWS AND TREATIES OF THE WORLD 2237 Provided that. the Comptroller may generally in regard to any particular sufferance wharf or place or in any par- ticiilar case waive or modify this requirement. 45. If at any ae.rodrome within Sierra Leone, goods or Private aerodromes. passengers are loaded or embarked for conveyance by air to a. Customs aerodrome within Sierra Leone, the master shall obtain from the. proprietor of the aerodrome. of de- parture a. certificate of departure in the Form C 10 and produce it to the proper officer immediately on arrival at. the Customs aerodronie. PART \TI._ENTRY, T~NLOADTNG AND DELIVERY 46. (1) The tariff item number of each article entered Preparing and the item number thereof according to the official entries. import or export list as h~sued and ameiidecl from t.ime to time by the Comptroller by notice in the Gci.~ette shall be shown in the space provided for the purpose upon all entries and shipping bills and each article shall be de- scribed in the manner required by the import or export list is the case may require. (~) Where. the. tariff irovides alternative rates of duty for any goods, the entry relating thereto shall, if the proper officer so requires, show on the face thereof the amount of the duty chargeable at the rate to which such goods are liable and on the reverse thereof the amount of duty chargeable. at the. ineffective alternative rate under the heading "Alternative calculation (no charge)" fol- lowed by the declaration by t.he importer as to the correct- ness thereof. PART TX-ENTRY OUTWARD AND CLEARANCE OF AIRCRAFT AND SHIPS 99. The entry outwards required for ships other than ~y~t- steamship shall be. in the. Form C 39 and shall be signed by ships. the proper officer on production of a certificate of rum- ma.~e in the Form C 40. 100. The master or agent of every ship departing from ~ for any port in Sierra Leone shall at. the time of applying for ships. clearance present to the proper officer the content outward required by section 120. 101. (1) The clearance of a ship shall be in the Form Clearance CA -~ for ships. `±1. Form of (2) The content. outward of a ship shall be in the Form ~ C 42 and shall contain particulars of all goods shipped in accordance with the description contained in the relative export entries or other appropriate forms together wit.h the weight. or cubic measurement of such cargo in the manner prescribed iii regulation 34. 102. The content outward of an aircraft shall be pre- Content outward and sented in duplicate in the Form C 6. At the time of pre- clearance senting his content the master shall produce his journey for aircraft. logbook to the proper officer for stamping together witli PAGENO="0836" 2238 AIR LAWS AND TREATIES OF THE WORLD detailed declarations of the goods loaded made out by the consignors. in the Form U T The stamped journey logbook and one copy of tile content stamped and signed by tile prope.r officer shall be the clearance and authority for the aircraft to proceed Ofl its journey. Ghoods lo~ded 103. Where goods are found to have been loaded short ex~ess? or in excess of the content. outward the. master or his agent may make application to the proper officer for permission t.o amend the content. Such application shall be in the Form C S and shall set. out tile reasons for the discrep- an ci e S. Separate 104. A separate content outward for each aircraft or ~e~n~~for ship must be presented at each 1)ort or place of departure ill Sierra. Leone. "Nil" 105. Where no goods are loaded at any port or place of contents. call a nil content outward must be submitted. Coastwlse 106. `ihe combined clearance and transire for coasting ~rances aircraft and ships and their cargo under the provisions of transires. section 142 and the transire for coastwise cargo carried by a.ircraft and ships coining from Places outside Sierra Leone under tile ~~OV1S1OflS of section 102 shall both be in the Form C 43. Separate 107. When caro~o is loaded by an aircraft or ship for transires for each carriage coast.wise to more than one port or place in Sierra port Leone separate tra.nsires must be prepared for each port or place. When 108. Transires are not required for cargo carried coast- transireS not . . required. wise in aircraft or ships belonging to the Government of Sierra Leone but goods liable to export duty and im- ported goods on which the duties of Customs have not been paid shall not be carried in such aircraft or ships ex- cept in such cases and subject to such conditions as the Comptroller may order generally or in any particular case direct. TIlE CIVIL AVIATION ACT, 1949.2 P.N. THE AIR TRANSPORT (LICENSING) REGULATIONS, 1959 156 of 1959. made lij the Coe'eii~oi'. `with the approval of the Seci'e- taiW of ~tete ~ ee'i.~e of the powers conferred b?J see- i-ion 13 of i-lie (3rd A ei~atio'n Act, 1949, as applied to Sieri'a Liroiie mi the Coloiiiil (fii'ii Aviation (Applica- tion of Act) ~cl~s 19.52 to 1958. CitatIon 1. These Regulations may be cited as the Air Transport ~ (Licensing) Regulations, 19~9, and shall be deemed to have come into operation on the 18th day of December, 1~ii~S. P.\llT 1.-INTERPRETATION. DefinitIons. 2. "Air service." means any service performed by any aircraft for hire or reward : provided that a member of 2 Laws of Sierra Leone, 1960, Vol. VIII. PAGENO="0837" AIR LAWS AND TREATIES OF THE WORLD 2239 a club carried in an aircraft belonging to the club for the purpose instruction shall not., if the instructor is also a member of the club, be deemed to be carried for hire or reward, notwithstanding that payment is made for such instruction or carriage. "Gazette" means the Sierra. Leone Royal Gazette; "Licence" means a. licence granted under regulation 5; "Minister" means the Minister charged with responsi- bilitv for matters relating to civil aviation; "Permit." means a permit granted under regulation 21; "Provisional licence" means a licence granted under regulations 13 and 14 of these regulations; "Scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available t.o members of the public from time to time seeking to take advantai~e of them; "Sierra Leone" means the Colony and Protectorate of Sierra Leone. PART IL-LICENCES ron SCnEDLLED JOURNEY 3. This Part shall not apply to the carriage of pass- ~p~~tion sengers, mail or cargo by air for hire or reward upon j ournevs other than scheduled j ournevs. 4. (1) Subject to the provisi~ns of these regulations, it shall not. he. lawful for any person to use any aircraft for tion without the carriage in Sierra. Le~rie of passengers, mail or cargo licence. for hire or reward upon any scheduled journey between two p1ace~, of which any one is in Sierra Leone except under and in accordance with the provisions of a license or a provisional licence granted under t.hese regulations. (2) Any persons who uses any aircraft in contraven- tion of the provisions of these regulations shall be liable in the case of a first offence to a fine not exceeding five hundred pounds or to imprisonment, for a term not ex- ceeding thre.e months or to 1)0th such fine and such impris- onment.: and in the case of a second or subsequent offence to a fine not exceeding five. thousand pounls or to lln- prisonment for a term not exceeding two years or to both such fined and such imprisonment. (3) The provisions of this regulation shall not apply in respect of the aircraft of any State which is a party to the International Air Services Transit. Agreement signed at Chicago on the 7th Decemi)er, 1944, which liv across Sierra Leone without landing or which land in Sierra Leone in accordance with the provisions of that Agree- meiit. 5. (1) The Minister may grant to any person applying ~ therefor for a licence to carry passengers, mail or cargo licence. by air for hire or reward on such scheduled journeys, and subject to such conditions, as may be specified in the licence. PAGENO="0838" 2240 AIR LAWS AND TREATIES OF THE WORLD (~) The Minister may attach such conditions to any licence as he may think fit. having regard to the nature and circuinstance.s of the applic.atioii tlierefor. (3) It shall be a condition of every licence that- (a) the holder of the licence and any person hav- ing a financial interest in the business of the holder of the licence shall refrain from stipulating that any other person shall- (i) refuse hooking facilities to ally other holder of a license; (ii) shall ~rant such facilities to such other holder OfliV on onerous terms and 7) the holuer of the licence shall perform all such reasonable services as the Minister may from time to rime require in regard to the conveyance of mails and of any 1)e1~som1s who may be in charge thereof) upon journeys made under the licence. The remu- flelation for any such services shall he such as may be from time to time determuieci b agreement between time. Miniczter and the hoMer of the license Provided that. any dispute, clifierence or question which may arise as to the remuneration to be paid to the licence-holder in respect of such services or as to the rights, duties or liabilities of the licence-holder or the Minister hereunder or otherwise in relation to any of the matters aforesaid shall ill clef ault of agree- ment be referred to arbitration in pursuance of the Cap. 25. provisions of the Arbitration Ordinance. 6. Applicitlons for licences shall he made in the. form licences. afl(l manimer and shall contain the particulars prescribed ~~u1e. in the First Schedule hereto. Every applicant, shall fur- nish to the Minister such further information as the Min- ister may reasonably require. 7. Th~e Mim'iister~ shall cause to he published in the applications. Ga2ette such partmculars of any applicatmons for licenees received by him as he may consider necessary and shall specify a (late, not less than fourteen days after the pub- lication of the notice, by wh~eh an-v representations or objections from any person with a genuine interest in the application can he made to the Minister as prescribed under regulation ~4. Obiectlon& 8. (1)' Every representation or objection with regard to the. application for a licence shall be in writing and must~ be signed by the objector, or, if the representation or objection is made by any corporate body, it shall be signed by any person who is authorised in that behalf by such l)odlV. (2') Every representation or oh~ection shall state time specific grounds on which it is based and shall specify any conditions which it. may be desired to attach to the licence if granted. (3) A copy of every such representation or objection shall be. sent. by the. person making the same to the. appli- PAGENO="0839" AIR LAWS AND TREATIES OF THE WORLD 2241 cant for a licence at the same time. as it is sent to the Min- ister, and the Minister shall be imcler no obligation to entertain any representation or object ion received after the (late prescribed in the puNished not ice of ii ppl ~cat i )fl. 9. The Minister may, for the ~~irpose of de.termmiiig Enquiry may an application for a licence or an niiieiidiiient to an on held. existing licence, cause an enquiry to be held liv peisolls appointed by iuni, and shall cause au enquiry to be !ie!>i in public if the applicant or aiiy peison who has duly made a representation or all ol.)lectioll requires tile Mm- ister to do so. Ihe iersons appointed to hear such en- quiry shah be in no way associated with or interested in tile applicant or any ob~e.ctor to an application and shall make such recoinmen(1~it ions to tile Minister as th~v thii>~k fit. Tile Minister, when deciding to grant. amend, ~e- yoke or renew a licence, shall lake such uecoinuiiendatto~>s into (onsi(lerat~01l. ~ot less than tourteen days liot~ce of tile time and place of auiv enqUiry uiniler this r~ula- t.]Oll shall 1)e. given to tile a1)i)hicant and any pei50h1 who has duly made a representation or an ob~eetion, all(t such persons shall he entitled to be heard at tile ellqlliiy. 10. Where an application is made to tile Minister for a ~hort period licences. licence to remaui in force for u~ peiiod not exceeding thirty days and he is satisfied that it is ill the pub1~c jn- terest that tile application should be determined with expedition. lie univ determine the application afl(l QTaflt a licence accordingly, and the provisions of this Part iS to tile publication of 1)artiCuialS of applicat bus, the mak- ing of objections an(l representations, ~ind I lie holding of enquiries at. the instance of the applicant or an ob- jector shall not Hi that case apply. 11. The Minister in exercising his discretion to grant., ~ amend, renew or refuse a licence, as well as the Pel5011s enquiry. appointed to 1101(1 an enquiry under these regulations, shall have regard to the co-or(lillatiOfl an(l development of air services generally with the object of ensuring the most effective service to the public while avoiding ul~- econom~cah overlapping, and generally to the interests of tile public, inclu(ling those of persons requiring or likely to require facilities for air transport as well as those of pe1~o11s providing such facilities, and in par- ticular to tue following matters- (a) the existence of other air services in the area through which tile proposed services are to be operated; (b) tile demand for air transport in that area (e) the degree of efficiency and regularity of tile a.~r services, if aiiv already provided iii that. area, whether by the applicant or by other operators: (dl the neriod for which such services have been opeu'atecl by the applicant or by other operators (e) the exteilt. to whiclì it. is probable that the appilcant will be able to pro\~idle. a satisfactory serv- PAGENO="0840" 2242 AIR LAWS A~D TREATIES OF THE WORLD ice in respect of safety, continuity, regularity of op- era t ion. frequency, punctuality, reasonableness of charges and general efficiency; () the financial resources of the applicant; (a the type of aircraft proposed to be used; (/~) the remuneration and general conditions of employment of aircrew and other personnel em- ployed by the applicant, and there shall be taken into consideration any objections or representations duly made in accordance with the provisions of these regulations. ~er~of 12. The Minister may grant licences to remain in force for such period as he may in each case determine, com- mencing on the date on which the licence is expressed to take efiect: Provided that. if on the date of the expiration of a licence or application to the Minister is pending for the grant of a licence in substitution for an existing licence held hr the. apphcanf, the existing licence shall con- tinue in force until the application is granted or refused. ~rovisional 13. The Minister may if he thinks fit, pending the de- may be termination of an application for a licence, grant to the granted, applicant provisional licence which shall remain in force until the application is determined. in certain 11. Where a. person has, within one month of the date visional when the provisions of these regulations as to applica- tions for licence come into operation, duly applied for a granted. licence authorizing him to perform such journeys as may be necessary to enable him to continue to operate any air service and satisfied the Minister of Air he was inimediatelv l)efore that date operating that service, the Minister shall grant to the applicant a provisional licence, ant loulsing hun to continue to operate that service, and the provisioiial licence shall remain in force- (a) if the application is granted, until the date from which the licence is expressed to take effect; 0i' (b) if the application is refused, for a period of three months from the date of the decision of the Mjnister. Publication 15. The Minister shall cause to be published in the of decisions, Second manner prescribed in the Second Schedule such particu- Schedule. lars of the decisions on applications for licences and of his (leuision to revoke or suspend a licence as are pre- Sen )e(E in the Second ~(hedule. Re~ocation 16. (1) Subject to the provisions of paragraph (2) suspension, the Minister may revoke or suspend a licence if- (a) the holder of the licence has, since the licence was ~rarited. been convktecl of an offence against re~iilatioi~ 4 or i1 or (bi where the holder of the licence is a body cor- porate. any officer of that. body corporate has, since the licence, was granted, been convicted, in his capac- PAGENO="0841" AIR LAWS AND TREATIES OF THE WORLD 2243 ity as such officer, of an offence against regulation 4 or 21; or (c) the holder of the licence has failed to comply with any condition subject to which the licence was granted; or (d) it is demonstrated to the satisfaction of the Minister that an air service operated under these regulations is being so operated as to contravene any air navigation regulation for the time being in force. (2) Before revoking or suspending any licence under subparagraph (c) or (d) of paragraph (1), the Minister shall give to the holder of the licence such notice as is prescribed in the Third Schedule specifying the grounds ~`~II1e upon which it is proposed to revoke or suspend the li~ c.ence, and shall not revoke or suspend the licence unless he is satisfied, after the holding of an inquiry if the holder of the licence (by such notice and in such form as is prescribed in the said Third Schedule) requires him to do so, that, owing to the frequency of the failure on the part of the holder to comply with conditions or to the failure having been wilful, the licence should be revoked or suspended. (3) The expression "officer" in this regulation means a director, general manager, secretary or other similar officer, and includes any person who, with the authority of the 1)ody corporate, acts as such officer. 17. A licence may at any time be surrendered by the holder to the Minister for cancellation. If during the currency of a licence, the holder applies to the Minister for a new licence in substitution for the current licence, lie shall, if a new licence is granted, surrender the cur- rent licence for cancellation on the date from which the new licence is expressed to take effect.. 18. (1) There shall be paid in respect of every licence Fees. a fee of ten pounds in respect of each year or part of a year of the term for which the licence is expressed to re- main in force. (2) There shall be paid in respect of any provisional licence granted under regulation 13 or 14 a fee of two pounds. (3) No refund of any fee paid in respect. of the grant of a licence shall be made, whether on the surrender of the licence or otherwise, save where a licence is surren- dered before its normal date of expiry upon the grant of a new licence aut.horising a service over the same route, in which case there shall be refunded the sum of ten pounds for each full year of the unexpired period of the licence but the holder shall in addition to the normal fee for the new license pay an additional fee of two pounds. 19. (1) Every holder of a licence shall make a monthly ~1onth1y return in writfng to the Minister, giving, in respect o~f ~eSi~ders. the month to which the return relates, the particulars set out in the annexure to the licence with regard to all air services authorized by the licence.. PAGENO="0842" 2244 AIR LAWS AND TREATIES OF THE WORLD (~) The return shall be sent to the Minister not later thaii two months after the expiration of the month to which tile return relates. PART lII.-PErn~rITs FOil FLIGHTS OTHER THAN SCHEDULED JOURNEYS Application 20. ihjs part shall not apply to the. carriage of pas- sengers, mail or cargo by air for hire or reward on sched- uled ~ournevs. 21. (1) Subject. to the provisions of these regulations, without it shall not be lawful for any person to use any aircraft I irnt. for tile provision in Sierra L~me of any air service except nn~ier and in accordance with the. conditions of a permit. H) Any person who uses any aircraft in contravention of the pr~visio~s of this regulation shall be lial)le on con- Vict lOll ill the ease of a first offence to a fine not. exceeding t `vo hundred and fifty pounds or to imprisonment for a ten n ~t exeeeli i i~l three mouths or to both such fine and such iiuprisonineitt. and in the case of a second or subse- (jTieflt offence to a line not exceeding two thousand 1)OUfldS or to Iliupriaonmeflt for a term not. exceeding two years or IC) 1)0th such tine and such uinpiisonrnent. the provisions of tins regulation shall not apply In ct of any journey performed on the authority of Art isis of the Convention on international Civil Avi- at ion ~nxned at (`]iicago on the 7th December. 1944, if the perform tug th~ journey flies across Sierra Leone w1t Iioi tt ]aiudtii~ 01 lands in Sierra Leomie for non-traffic )uupo~cs only. but shall apply iii respect of any such ~ourncv if the aircraft perforiiiing the journe takes on or d ~cha ines pasaenners. c'ir~o or mail in Sierra Leone. 22. 1) The Minister may grant to any peison applying hermit. therefore a permit to use aircraft, for the provision in at a Leone of such ti ir services (other than such a scrv Ce Is is referred tO in paragraph (1) of regulation 4) for suichi period and on such conditions as may be specihed lfl tile j.)erlnit. (~) The Minister may attach such conditions to any permit as lie may think fit having regard to the nature and crcumstances of the application therefor. Applications. 23. _~pplcatioiis for permits shall contain the infor- Seb~1uie. matioi~ as set forth in the Fourth Schedule hereto. veteation 21. (1 i The Minister may revoke or suspend any per- suspension. mit ii-- (c) the holder of the permit has, since the permit WIts granted, been convicte.d of an offence against ueniil~ition4or l~1: or 1) )Vilel'e the holder of the permit is a body c.or- por~tte. any officer of that body corporate has, since the permit was ~`ranted, been convicted, in his eep:IcItv as such officer, of an offence against regula- ion 4 01' ~1: or PAGENO="0843" AIR LAWS AND TREATIES OF THE WORLD 2245 (e) the holder of the permit has failed to comply with any condition subject to which the permit was granted. (2) The expression "officer" in this regulation means a director, general manager, secretary or other similar of- ficer and includes any person who, with the authority of the body corporate acts as such officer. PART IV.-GENERAL PRovIsIoNs. 25. It shall be a condition of every licence or permit Con~itions of that the requirements of any law or instrument having ~ the force of law for the time being in force in Sierra Leone relating to air navigation or air transport shall be complied with at all times during the currency of the licence or permit in connection with all journeys made under the licence or permit. 26. A licence or permit shall not be capable of being Restriction transferred or assigned: Provided that in the event of the ~ death, incapacity, bankruptcy, sequestration or liquida- tion of the holder of a licence or permit, or of the appoint- me.nt. of a receiver or manager or trustee in relation to the business of the holder of a licence or permit the per- son for the time being carrying out that business shall, if within 14 days of his commencing so to do lie makes application to the Minister for a new licence or permit be entitled to provide the air services authorised by the existing licence or permit subject to the conditions there- of until the application is determined. 27. Nothing in these regulations shall require the clis- Secrecy closure. hr the applicant fur a licence or permit to any person other th~ni tile Minister or his Permanent Secre- resources. tarv of inform~i t ion as to the financial resources of the applicant, and any such ii~fonnatioii received by the Minister and his Permanent Secretary from any such applicant shall he treated as confidential. 2S. Notliino' in these regulations shall confer upon the No right to continuance. miolder oi a. I icence or l)ermnlt or upon any other person any right, to the continuance of any benefits arising from the provisioiis of these regulations or from any lic~nce or pe.rii'iit granted thereufl(ler or from any conditions at- tached t.o any such licence or permit. 29. Any ie.ference to a licence, in parao'raphs (2) and APplica,b~lity to provisional (o) of regulation ;~. re ila~ ions 19. 2.. ~`) and 2~ of these licence. regulations shall he construed as including reference to a pm `c sm' ~i 1 nonee. 30. lVlie.re an effcnee against, these regulations has been Offences by c.omm:tled by a body cor1~orate. every i~crson who, at. the corporation. time of the commission of the offence. ~as a director, gen- eral manager. secretary or other similar officer of~the body corporate. or was pimrportin.~ to act. in any such capacity. shall be deemad to be guilty of that. offence., un- less l~e proves that the offence was comiiiittecl without his PAGENO="0844" 2246 AIR LAWS AND TREATIES OF THE WORLD consent or connivance and that he exercised all such dili- gence 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 t.o all the circumstances. PART V.-EXEMPTIONS secialand 31. Subject to the provisions of paragraph 3 of regu- g~nera1 lat.ion ~1 nothing in these regulations shall apply to- exemptions. (a) either the British Overseas Airways Corpora- tion or the British European Airways Corporation in respect of such journeys on such routes as the Gov- ernor may specify; (b) any air transport operator, whose principal place of business is in a country other than- (i) the United Kingdom or; ~ii) a territory for whose foreign relations Her Majesty's Government in the United King- dom is responsible; in respect of ~ournevs performed by such operator in ac- cordance with the provisions of any agreement for the time being in force between Her Majesty's Government in the United kingdom and the Government of that country, but the said Corporations and air transport op- erators shall on request. by the Minister supply to the Minister in respec.t. of scheduled journeys such particulars as may be necessar-v to enable the Minister t.o decide upon recommendations made to him under regulation 9. ~°a~cts. 32. Any licence, provisional license or ~ermit granted of and any requirement, agreement or recommendation made and any other thing done under the provisions of t.he Air Services (Licensing) Regulations having effect immne- diately prior to the coming into operation of these regu- lations shall continue to have effect and shall be deemed for all purposes to have been granted, made or done under the provisions of these regulations. Reg. 6. FIRST SCHEDULE APPLIC&TIONS FOR LICENCES FOR SCHEDULED JOURNEYS Applications for licences shall be made in writing to the Minister 2. Every application for a licence shall be signed by the person applying for the licence and if made by any corporate body shall be signed by a person duly authorised in that behalf by such body. 3. Every application for a licence shall be sent to the Minister so as to reach him on a date not less than eight weeks before the date on which it is desired that the licence shall take effect: Provided that the Minister may, in his discretion, accept and deal with any application for a licence received by him after the pre- scribed date. 4. Applications for licences shall contain the following initial particulars- (a) Name and address of applicant. (b) Places between which passengers or goods are to be carried. PAGENO="0845" AIR LAWS AND TREATIES OF THE WORLD 2247 (c) Places at which intermediate landings are to be made for the purpose of loading or landing passengers or goods. (d) Times and frequency of the service. (e) Number and types of aircraft proposed to be used on the service. (1) Whether the service is to carry passengers, goods or both. (g) Maximum fares to be charged to passengers in respect of any journey or portion of a journey for which separate fares are charged. (h) Date on which the service is to commence. (i) Period for which the licence is desired. (j) Particulars of any insurance policy held or proposed by the applicant to cover third party risks in respect of the proposed service. (k) Particulars of other services operated by the applicant at the time of the application or immediately prior to that time. (1) Particulars of working arrangements with other com- panies. (m) Particulars of the applicant's business and an audited copy of the last published accounts. 5. On receipt of the application, the Minister shall be entitled to request the applicant to supply such further information as he may reasonably require. SECOND SCHEDULE. Reg. 15. PUBLICATION OF DECIsIoNs. Particulars of the decisions of the Minister- (1) on applications for licences, and (2) to revoke or suspend a licence, shall be published by notice in the Gazette and such notices shall contain respectively the undermentioned particulars: (a) Application: (i) Name and a(ldress of applicant. (ii) A reference to the Gazette in which notice of the application was published. (iii) Such particulars as will enable the application to be identified. (iv) An indication, whether the licence was granted as applied for granted with modifications (the modifica- tions to be stated) or refused. (b) Revocation or Suspension: (i) Name and address of applicant. (ii) Such information as will enable the licence to be identified including places between which passengers or goods are to be carried. (iii) Places at which intermediate lan(lings are to be made for the purpose of loading or landing passengers or goods. (iv) Date from which revocation or suspension takes effect and in the case of suspension, the period of sus- pension. (v) The grounds on which the licence is revoked or sijs- pended. THIRD SCHEDULE. Reg. 16. REVOCATION OR SUSPENSION OF A LICENcE. The notice to be given by the Minister to the holder of a licence specifying the grounds upon which it is proposed to revoke or suspend the licence shall be not less than twenty-eight days' PAGENO="0846" 2248 AIR LAWS ~ TREATIES OF THE WORLD notice in writing and any request by the holder of the licence that an enquiry shall be held shall be sent to the Minister so as to reach him within seven days from the date of such notice. Reg. 23. FOURTH SCHEDULE. Application for a permit in accordance with Part III may be made by telegram or in writing, and shall contain the following informa tiorL- (i) name of operator: (II) type of aircraft and registration marks; (ill) date and time of arrival at and departure from the airport or airports conceriied; (iv) place or places of embarkation or thsembarkation, as the case may be of passengers and freight; (v) purpose of flight and number of passengers and/or nature and amount of freight; (vi) name, address and business of charterer. if any. PAGENO="0847" SOMALIA A. Southern Region. This part of Somalia, formerly an Italian trusteeship, has no general civil aviation law. The Italian Maritime and Aviation Code of 1942 was not made applicable to Italian Somali- land, and the Maritime Code of Sonmlia of 1959 contains no provisions on civil aviation. There is, however, an ordinance regulating arrival and departure of aircraft at Soniali airports which was enacted during the Italian regime and was amended twice. This ordinance, and the amendmi~nts thereto, are published in the following issues of the Bol- letino Ufticiale: 1. Volume 1, No. 9, Mogadiscio. December 1, 1950, p. 261 (De- cree No. 85) 2. Volume I, No. 9, Supplement No. 1, Mogadiscio, December 11, 1950. p. 280 (Decree No. 138) 3. Volume II, No. 8, Mogadiscio, August, 1951, p. 329 (Decree No. 73). B. Noithern Region. The basic aviation law of the Northern Region is largely British Colonial Acts. They are the following (as of April 1962) 1. Aerodromes (Control of Obstructions) Ordinance (0. 19/ 15) 2. Aerodromes Fees Rules 3. Amending Rules (G.N. 42/50,49/53, 8/55, 36, 60); 4. Colonial Civil Aviation (Application of Act) Order, 1952 (1952, O.I.C. p. 35); 5. Carriage by Air (Non-international Carriage) (Colonies, Protectorates, and Trust Territories) Order (1953) (1953, O.I.C. p.1) 6. Colonial Air Navigation Order, 1955 (1957, O.I.C. p. 1); 7. Amending Orders (1957, O.I.C. p. 181-186; 187-193; 197- 212; 1958. O.I.C. p. 3; 1959, O.I.C. p. 19) 8. Carriage by Air (Colonies, Protectorates. and Trust Terri- tories) Order, 1953 (1953, O.I.C. p. 35) The following Acts are applied: 1. Air Navigation Act, 1936; 2. Air Navigation Act 1947; 3. Carriage by Air Act, 193g. 2249 PAGENO="0848" PAGENO="0849" FEDERATION OF SOUTH ARABIA The Federation of South Arabia apI)lieS the civil aviation laws, in- cluding the colonial air acts and orders of the United Kingdom. 2251 39-737-65--vol. II-54 PAGENO="0850" PAGENO="0851" SPAIN LAW NO. 48/1960, JULY ~1, 1960, CONCERNING AIR NAVIGATION The Law of December twenty seventh of the ve~ir one thousand nine hundred forty seven authorized the Government. to approve aiid pub- lish a Code of Air Navigation, in accordance. with the principles set forth there. ~f he time that has elapsed since theii has given rise to new needs that require immediate regulation and have made obsolete the criteria for certain provision~ concerning some of the subjects dealt with in the above law. It is now considered necessary to attend with dispatch to the preparation of legislation which may further the development and encouragement of air navigation, and to leave for a later stage the preparation of another comprelieiisive project to include penal regu- lations, even though this may mean only a partial implementation of the above fundamental basic law. In the present Law, care has been taken t.o adhere as closely as cir- cumstances permit to the principles of that basic law, but adopting a more general and flexible regulation in order not. to obstruct future change or evolution of matters related to air navigation, or to infringe on other regulatory powers of the Government; also, it. is necessary to introduce some essential changes in such matters as liability in case of accident; a need which became obvious because the provisions of our Civil Code were already inadequate, forcing the use of contracts to secure for national air traffic, the system of compensation which is applied to international air traffic. Whereas on omie hand urgency of the matter requires leaving to future regulation, some subjects included in the aforementioned basic law, the inclusion of certain changes which supersede or improve such basic law require, in the opinion of the Aeronautical Codification Commission which prepared this draft that the draft follow the for- malities of a law.2 Therefore, and in conformity with the proposals prepared by the Spanish Cortes, I Or(ler as follows: 1 Published in Bulletia Official del E.stqdo. July 2~i. 1900. p. 1041. 2 These paragraphs are merely explanatory of why this legislation is in the form of a Law. instead of an Executive Decree. The Basic Law contained the general principles which the Executive could implement by one or more Regulutiuis~ a&~ a form of (lelegate.1 authority, but since the Basic Law was adopted in 1947, the innovations, etc., in air law since then were not covered In the original text, and therefore a Regulation or Decree could not cover these either. Although it was more speedy to issue a decree, yet in spite of the urgency it was believed that another Law was the only proper form for this type of legislation. 2253 PAGENO="0852" 2254 AIR LAWS AND TREATIES OF THE WORLD CHAPTER ONE. GENERAL PRovIsIoNs Socei~egi~.t~,' of oh' .~pace. au' la.w$. and general ru7e8 for their application. ~4~'tel~ 1. The air space. above the Spanish territory and its terri- torial waters shall be subject to the sovereignty of the Spanish State. 2. ~,Lt.ionai aircraft may use the Spanish air space for air navigation. The Spanish State, by treaty or agreement with other States, or by special permit, may authorize innocent passage of foreign aircraft over its territory. Artk'?e 3. The Government may determine areas over the Spanish territory in which flight of aircraft shall be prohibited or restricted and may designate entry and exit routes and customs airports. It may also in whole or in part suspend air activities over its terri- tory, whenever warranted by serious reasons. Ai'tucle 4. The owners of subjacent property shall permit air navi- gation but shall have the right to be compensated for any damages which such a navigation may cause them. Ai'ticle 5. Without. prejudice to the provisions of international trea- ties or agreements, tillS Law shall in all cases regulate national and international air navigation over territories under Spanish sovereignty. In the absence of specific regulations the existing laws or regulations of a general character shall prevail. This law shall be applicable to military air navigation when it expressly provides to that effect (final provisions, section 5). Art c7e C. Aircraft of the Spanish State shall be considered as Span- ish territory, whatever the place or area where it may be. The other Spanish aircraft. shall be subject. to Spanish laws when flying over free territories, or when they are on foreign soil or overfly such foreign soil, if this is not in conflict with the police or safety laws of the sub~ aceilt country. Ai~t;~7e i~'. Foreign aircraft, as long as they are on territory under Spaiiish sovereignty, or flying along air routes assigned to them, shall be subject to the provisions of this Law, and of the penal, police, and public safety laws in force in Spain. CHAPTER II. ADMINISTRATIVE ORGANIZATION Article 8. The Ministry of Air shall be in charge of all matters con- celning air navigation (final provisions. section 5). 4rticle 9. The national territory shall be divided into air regions as established by the Ministry of Air and they may be changed in accordance with the requirements of air navigation. Governmental, administrative, safety and police supervision of air navigation within the different, regions shall be determined by regulations. Article 10. Within each zone there shall be established t.he number of airports that. may be considered necessary. The chiefs of such air- ports shall have authority over the whole area of the respective air- port., its approaches, and the designated airspace. PAGENO="0853" AIR LAWS AND TREATIES OF THE WORLD 2255 CHAPTER III. AIRCRAFr. DEFINITION, CLASSIFICATION AND NATIONALITY THEREOF Article 11. Aircraft shall be deemed to include all machines capable of being used for transporting persons or things and capable of mov- ing in the air by virtue of reaction of the air, whether or not such machine is lighter than air, or whether or not it is propelled by engines (final provisions, section 5). Article 13. The acquisition, modification or extinction of rights in an aircraft shall be proved by a public or private document. Article 13. Aircraft shall be classified as aircraft of the State and private aircraft. Article 14. Aircraft of the State shall include the following: 1. Military aircraft, considering as such aircraft serving the national defense or which are commanded by a military officer coimnissione.d for that purpose. These aircraft shall be subject to special regulations. 2. Non-military aircraft serving exclusively non-commercial Governmental purposes. Article 1-5. Private aircraft shall be deemed all other aircraft not included in the preceding Article. Different~ categories of this class of aircraft shall be established ac- cording to their use or purpose. Article 16. Registration of an aircraft in the Register shall deter- mine its nationality. No Spanish aircraft may be validly registered in a foreign state without first obtaining authorization from the Ministry of Air. Such authorization shall also be required for transfer of any aircraft to for- eig'n nationals. Article 17. Foreign aircraft shall have the nationality of the State in which they are registered (final provisions section ~) Article 18. Only the following aircraft may be included in the Span- ish aircraft Register: 1. Xircr~ft. belonging to individuals or to legal persons who are Spanish nationals. 2. At the lessee's request, any aircraft leased to persons of that nationality. Article 19. Aircraft registered in Spain shall cease to be Spanish when it is lawfully sold to a person who is not a Spanish national, or when it is validly registered in a foreigii country. CHAPTER IV. 13o\PJ) P~\rEns. Article 20. Aircraft shall carry the following documents on board: 1. A registration certificate, in which the title of ownership must appear. 2. A certificate of airworthiness. 3. A license of qualification for each member of the crew. 4. Any other document that may be required by regulation. Article 21. Aircraft shall also carry on board a license and certifi- cation for its radio-communications equipment, a radio log in which all communications made and important events which took place during such communications, must be noted. PAGENO="0854" 2256 AIR LAWS A~D TREATIES OF THE WORLD Ji~tic7. 22. The aircraft log, and the engine and propeller log, re- spectively. shall be kept up-to-date in a safe place and shall be at the (iisposai of the, authorities that. ma request them. Jit~7e 23. On the outside and in a visible, place, aircraft shall have nationality anti registration markings and also in a visible place, either inside or outside, an identification plate iiiclicating the type, serial number and license. nhlml)er anti the owner's name. Aif~7e 24. Aircraft. logs shall be retained by its owner for a period of two years computed from the date of the last. entry. A~'te7e 25* The authorities of any airport or airdrome where air- craft. are loc.:ited. may examine their documents. Arfc7e 26~. If. clu~ing flight~ events take place which are not re- corded on the board papers, the airc.raft captain shall give to the chief of the airport. a. detailed account of suc.h events in his landing report. A'iticle 27. The. form of the documents mentioned in the. preceding Articles shall be established by regulations. CIL\PTER ~\. AIItCRAFT REGISTER Aptie7c 28. There shall be establishìed an aircraft. register of an administrative nature under the jurisdiction of the Ministry of Air. Ai~th1e 29. Aircraft shall be registered in the above-mentioned spec1~11 register. Ab the act~. contracts and general changes affecting aircraft. shall also be recorded therein. Aitc7c 30. All transactions to be. recorded in the register shall ap- 1)etI.1' iii a. public oi private docuineiit., as the, case. may be, and the certificate. of title of ownership shah be presented in order to relate such certificate to the entry. Avticle 3)J* (eitificatiori in the. Register shall replace the. title of ownership in cases of 1055 or destruction of such title until a duplicate title i~ 6btained. Ait~c7e 32. The Aircraft Register shall b~ kept by personnel of the Air Juridicial Corps [Office of Legal Counsel or Advisers], assisted by the necessary specialized persoiii~ei. Regulations shall establish rules for records arid documents which may lie re~istered. thte requirements. form and effect of such registra- t ion. and tlw manner of keeping the. Register. A~i,o7e 33. When here is a sectIon devoted to the registration of aircraft and of legal records concerning such aircraft in the Commer- cial Registers, regi~tIation will 1)0 011 a voluntary basis, except. in those cases in which the law expressly provides otherwise. When such regis- tration takes place. 11e laws and regulations covering the matter shall lie applicable. CHAPTER \I. PfrTOTTI'E \~D APiWOIiTTIINESS CEuTTFICATFS A ~~ic .J~. (Final provisions. section 51. Studies anti designs for 1110 cc srruct~on of rototvpes or mod~1s of aircraft and their ~ngines and ~cessorjes then f ~i~1h be freely perrilItI ccl. 1110 telafl "hirotolvi JO ~hiali 1)0 deen med to include, the first. units liuilt i a te~t the effect ivcne~s of a tc(hn jeal conceut. Other units of the same type shall be coisnlerej a "series. PAGENO="0855" AIR LAWS AND TREATIES OF THE WORLD 2257 No aircraft. prototype shall qualify or obtain authorization for its test flight, unless it. has undergone 1)rior technical inspect ion by the Ministry of Air. After the prototype. has been approved, the ~~ghts therein shall be governed b the laws on industrial property. i ~ 3d. (Final piovisions. sect ion .~) . Con1ruct ion of series air- craft. and eilLrines Rll(i 0± their accessories. shall require a warranty by a certified technican an(t, in all cases, a Pei1111t arid iIiSpectiOfl by the Ministiv of Air: the Ministry mar enjoin such construct ion when it does not coi~iplv with the conditions under which the, authorization was ~ranted. A it/c/c 3G. (Final provisions. section 51. No aircraft shall be au- thiorized to fly without an airworthiness certificate. 1v airworthiness certificate shiiill be meant. the document that serves to identify the. air- craft. from the technical pojnt of view. that defines its cha r;a'~eristics and expresses its qualificaticiis for flight as obtained from t he aircraft inspection on the giounci and froii its test f1~ghts. The Ministry of Air shall ha ye excfusive jurisdiction to issue. air- \V0rthifle~s certificates an(i to determine and apI)rove tile tests to be carried out for the. certification of the ai icraft. itself or of its Parts. The Ministry shall also issue airworthiness certificates for all military a ire raft.. A ifwte 37. (Final provisions. section 5~) . Forern ai :worthiness certificates may be validated in spain when they comply with interna- t.ionallv accepted mini mum requirements. Artie7e 38. (Fiiial provisions. section . i~ e~ziii at ions shall estab- lish the requirements and tests to be carried out for obta~iiin~~ such certificate, or the renewal, or the period of validity thereof. Ci-I~~p'rER \IJ. AIRPORTS AND Ai1u)iiOMEs Article 39. Areas desi~natecl for the. landin~ ano take off of air- craft shall be classified as airdromes and airports. The former may either he permanent or temporary. Airdromes shall lie deemed to be. areas of flxed extent. including as the case. may be, hciildimigs and installat ens normally in-ed for the tal:e-off and landing of aircraft. A irdronn~ shall be. considered temporary when they tire desi~inated for a sI)eei c ii~e under special ci reum staii ces. According to the. nature. of their use. auidreines may be nnlitarv or civiljan, and the latter, as in the case for airports. may lie eh er public or private.. An airport, shall he. deemed any ~ ~rdrome in which exist permanent public installations and services which serve. I lie air ti;i the in a re~nilar way, and which permit. the groin~dineinncl repair of aiicrc-ft. and landing and dispatch of passengem.s or cargo. it îiGele jO. Ajiports and airdromes shall he classified by regulations accordint~ to their size and time nature (if tlu'di In~~tallations. tlie air- craft. that. i.we them, and the nat arc of the ~erv ices they render. Special regulations shall cletermme the airports Whl hl~ are open to international traffic, which must have permanently the required serv- ices to land aircraft. arrivin~ from, or lea vimz for ainoed. A Pt/c/c 4/. Airdromes exclusively used pernia nent]v or temporarily for rn~lItary services shall be called military airdromes and shall be PAGENO="0856" 2258 AIR LAWS AND TREATIES OF THE WORLD subject to special regulations. Military airdromes may be declared open to civilian traffic. Article 42. The Ministry of Air shall be in charge of construction, classification, inspection and operation of military airdromes and of public airports and airdromes, and shall determiiie the requirements for granting licenses to operate thereon. Article 43. Local authorities may build or contribute to the building of public airports, subject to the conditions established by the Ministry of Air. They may have propei'ty iii such airports and share in the profits from their operation in the manner determined ill the regula- tions issued. Article 44. Only corporations, associations or individuals who are Spanish nationals shall be authorized to establish private airports or airdromes in compliance wit ii the ~e1uirements established by the Min- istry of Air. All of them shall be subject to the specifications estab- lished, and in case of mobilization they shall be mu [or the jurisdiction of the military command of the area in which they are located. Article 45. (Final l)rOvisions, section 5). Airdromes and airports that use water areas under the jurisdiction of other Ministries, shall be established wit Ii the agreement of all agencies concerned. Areas which are not indispensable for naval services shall be assigned exclusively to air navigation. Traffic and e~nbarca.t ion services shall be governed by the regulations of the Ministry of Air. provi(le(l they are not in con- flict with the provisions of existing maritime legislation. Article 46. (Final provisions, sectioii 5). The properties and rights necessary for the establishment and installation of services at air- ports end airdromes. and for aids to air navigation, shall be liable to expropriation in accordance with the provisions of existing legislation. Art;clc 45. The Ministry of Air shall have jurisdiction to establish rates for landing. take-oil and parking of aircraft, and for aids to na.vi~ation, exclusively aeronautical communications and other serv- ices of public airports and airdromes. Technical and administrative direction of public airports and air- dromes shall be exercised by the General Direction of Civil Aviation which. in turn, shall establish the corresponding offices at the airports with an adequate organization for the services to be rendered. Any services which are under the jurisdiction of other Ministries and which are installed at airports shall be coordinated with the offices of the a i rpoi't S. CH~vrER VIII. SETZrRE AND AVrACTIMENT Article 48. The State shall have power to seize or attach aircraft found within its national territory in accordance with a decision of the Council of Ministers, provided there are serious reasons of public interest awl provided there is payment of a compensation. Such decision shall be executed by the Ministry of Air. Ai'tclc 49. Fnder the~ same circumstances and in the same manner as established in the preceding article, the State may attach aviation services of forei~n corporations established in Spain and those belong- ing to Spaniards whether located within or outsiclo of Spain. Article .50. For reasons of national defense, public order or health the Government may limit the activities of corporations and enjoin the stay and flight of aircraft. PAGENO="0857" AIR LAWS AND TRLATIES OF THE WORLD 2259 Restrictive measures may also be adopted concerning personnel and the presence on board of certain technicians or specialists during flight. CHAPTER IX. AERONXUTICAL CoxsmFcTIox LI~uTA'rIoNs Article 51. The land, buildings and installations surrounding air- port.s, airdromes, and navigation aids shall be. subject to construction limitations which are or may be established by special regulations concerning the maneuvering area and the approach air space. The nature and extent of such limitations shall be determined by means of Decrees passed b the Council of Ministers, in accordance with the provisions of existing regulations in force at. the time con- cerning such limitations. In cases of emergency, construction limitations may be established by the Ministry of Air, but the shall be considered cancelicd if within a period of one year they are. not confirmed b the Council of Ministers. Article 5~. (Final provisions, section 5). The Ministry of Air shall have jurisdiction and use its own facilities to enforce compliance with such regulations and construction limitations, and if the facilities available to the Ministry are insufficient it may request. the coopera- tion and aid of other Ministerial departments and authorities includ- ing, if necessary, the immediate demolition or des! i'uction of any building, installation or planting which violates such l imit ~ition. Article 53. (Final provisions, section 5) Owners or occupants of any property or building may not oppose entrance. onto their property or passage over it for operations of salvage or aid to damaged aircraft. Article 54. (Final l)rovisio1~, section 5). Damages that may be caused to property affected by the limitations to which Articles 51 and 53 refer, shall be indemnified, as appropriate, by application of the provisions on eminent cloma in. CIIAP'rER X. AvIATIoN PERSONNEL Article 55. (Final provisions, section 5). Personnel rela.ted to air navigation may be flight or ground personnel. Article 56. (Final provisions, section 5). Flight personnel shall be deemed the personnel operating, piloting or providing se.rvices on an aircraft and which constitute its crew. The issuance of flight, licenses shall be under the exclusive jurisdic- tion of the Ministry of Air under such conditions as it may determine by administrative regulation. Article 57. (Final provisions, section 5). The ground personnel shall include, supervisors, technicians, and assistants at airports, air- dromes, and installations that directly support air navigation. Article 58. (Final provisions. sectioii 5). Any technical operation in the air may be carried out only by persons possessing a license au- thorizing such operation and upon compliance with the conditions stated in regulations issued by the Ministry of Air. Aiticle 59. The. aircraft commander shall be the person named by the employer to exercise command. T-Te must be. a spanish national, in full enjoyment of his civil rights and in possession of a. pilot's license and a license of qualification for the type of aircraft used. PAGENO="0858" 2260 AIR LAWS AND TREATIES OF THE WORLD Iii cornniercial aircraft, the miiiimiim age for the above position shall be i we!itv live yea is. Ji/'"~ uiO. fl~e )Ininlui&ler sli:ill have full authority in the exer- cise 01 h is i:oliiliiaII I and lie shall be iCSl)OflSii)Ie for the aircraft, its crew, ~ cud 1 uu~iI~re. e~ir~o and mail, from the time. lie takes aoiIinia in i of 1ie a ire raft I 0 uiniert aRe tile flight, even tiiou~:h lie does nut net unIty nilot. tiie alirait. ~uchi resi ~o~isib~iit v Until cease. when, a fter terniinatii~g the tlighit. he delivers tile, aircraft. pie-seiigers, mail and cargo to any competent an- cliority or to the 1eP1e~e1l at ire ni Ice cilirlet. I ii'(/n `~.1. (ii~i~tl ~ sect iou ~). The functions of flight eIul!iieI cud the met c ulogical funtions in Government~ agenejes or ser\ es, or in cur ci eipiise ~pe icily a ut Iiotized foi' air transportation shall be arrled mu v (`1 ~ \Vj!O p.-e~s a ineiI:~a as aeronaut ical en~iuieer~ or ic eon t~~1~ts. I Ii o i 1( 1 p t ~ è w it 1111 (~o 111111 ut Len( ie~ u ~ei \ 11 CS ol inn i~i~ a ir nae~ ~nt i ii shall Le carried out hr r he personnel of the Air Jnri.li cal Coii~. air I preference shall be given to individuals who -.-e~ a .icitrcein Sunia I ~L1tdle5 in International, Aerial, and In- du~rrial Law. ~ l. ( lie is oi 1 ~r~rts slì;ull be. appointed liv the. Ministry of Xir. w~ hit wi U ear iUll Ut hen tn lit I cis to be cnuiiii led with. They aLa 1 I~ `n f~ I p \Vl5 it a ut I nail iv when in the. exercise. of their mica on.-.. `t ttii!t inn ~nrn II ion the (illef of an airport. shall be in charge of conri 11111 `n and ~n hecilon of a ain)oit scrv~ces an.l of the personnel attain-il o ~i~a ~iv.Ncs it a'noidaine with the provisinils of tius Lear Ii uti letlulations fl~nPi thc-reun ler. but without tlietebv afleating tiIC e.itiial ant Hic~~~trar:re ei~iinzation and authority of the servie~ ioi,ui~in~to a her Mm f Va ~IJ. Labor (out Facts of the presonnel shall be governed by specie I raitulat iona, collect eve union contracts or, in the absetice of thie~-e. cev the provit ~cns ftf the ~pauialt laboi' laws. In case of work accidents, the provisions of the laws applicable to that si.ibj eat matter shall apply. Jjt(f' ~. An ptison under eighteen years of age may not be em- plo'vecl as ib lit pet' nil. Any peison who ~s cider than eighteen rears but less than twenty- one, in order to be eniploved, muat Ino\e permission by his father, mother, or guardian. Such pern't silon shall be executed before a corn- petelit authority. ~o person who has reached an cite linlit. to be detern'uinecl by regula- tion mar 1)0 inithorizeci to hold the p051011 of pilot of an aircraft used for public service anti transportation of passengers. J~f;c7c dd. Licenses for aeronautical technicians issued in foreign countries ~hnill 1)0 vitl ilated or reccgiiize.cl in Spain. tn accordance with the prorisli ills of international treaties or agreements. Otherwise, such recognition lucy be granted whenever such licenses are issued by Coml)etent author~t ice and when titer comply with the nuinirnuin con- thit iflS and re1uirenieuits establ ~shei.l in Spain aiui.I on1y when there is reciprocit. Tlte use of foreign technicians as instructors or consultants for Spanish personnel nlay also be conditionally authorized when war- PAGENO="0859" AIR LAWS AND TREATIES OF THE WORLD 2261 ranted for the improvement or iuoclernizatioii of services and only for die iiecssary time. Article 66. The Ministry of Air may assume jurisdiction over, and settle labor conflicts that affect flight d~sciplme, safety of air traffic, or the interests of national tlefen~e. Special regulations shall govern the procedures to be followed in tlie~e cases. CilArrEri XI. Am TRANSPORTATION Article 67. Scheduled air transportation shall be (leelned commer- cial transportation if passengers, mail or cargo, for which rates, time schedules, and routes have been issued. Noim-schedulerl or irre~ruiar air transportation diall he deemed other transportat~on of a commercial ~iature not Included in the precedimig paragraph. A rtii'lc 68. Domestic air transportation shall he deenied any traits- portation made over territories under the sovereIgnty of the national state of the aircraft, and foreign aIr transportation shall be deemed any transportat ion made in whole or iii part over territory under the sovereignty of another State. Such transl)ortation shall be called in- ternational transportation when it stops at points on foreign territory. Cabotage traffic shall include, all transportation of passengers, cargo or mail between points under Spanish sovereignty, even though it may be necessary to fly ovei~ the territory or waters iuikr the juris- dat ion of a foreign State. A rticle 69. The Ministry of Air shall be in charge of granting or authorizing the establishment or initiation of air services and of exer- cising the inspection necesary to assure compliance with the conditions under which the grant or authority was given. Article 70. Scheduled air transportation services may be under- taken by organizations or individuals after obtaining the required authorization, which shall not be issued for a period longer than fifteen years. Such period may be extended. Article 71. Cabotage services shall be reserved to national companies. Article 72. Scheduled carriers may only fly over routes established in the grants. In order to carry out non-scheduled flight, express authorization of the Director General of Civil Aviation shall be neces- sary. Article 73. The grants of scheduled carriers for specific routes or for networks of routes shall l)e granted to carriers of Spanish nationality and through public biddin~, unless reasons of natioiial interest or of l)etter operation of the transportation make it inadvisable in the discretion of the Council of Ministers. A,'telc 74. Grantees must be of Spanish riationalit, have adequate financial and technical moans. and insured by a sufficient guarantee the risks arising out of such services during the validity of the grant. When the grantee of a scheduled air service is a legal person, at least three-fourths of its capital and of its directors must he of Spanish nationality. Arti"le 75. If the capital of a corporate grantee is represented by stock, the shares shall be nominative. Art ide 76. The Ministry of Air shall supervise the grantee carriers in the form and under the conditions established in the grant itself, in order to carry out time inspectIon mentioned iii Article 6t) hereof. PAGENO="0860" 2262 AIR LAWS AND TREATIES OF THE WORLD Art'i.c7e 77. The operation of scheduled air services may be subsidized by the State which shall determine the conditions of such subsidy. Article 78. These gra.nts shall be issued by tile Ministry of Air, and thy shall be approved by the Council of Ministers. Aifie7e 79. Non-scheduled air transportation may be undertaken by individuals or organizations after having been duly authorized by the Ministry of Air and subject. to its inspection, whether or not they are the grant e.es of other transportation services. Authorizations shall be grante.d for a period of not less than one year and not more than ten years. Such authorizations may be extended. Article 80. In order that the Ministry of Air may issue tile author- ization mentioned jil tile preceding article, it. shall be necessary for the applicant to comply with tile following conditions: 1. The applicant must. be a Spaniard, and if the applicant is an organization. its capital must be either entirely national or foreign capital therein must. not exceed 25 ler cent. of the national capital. Corporations shall issue all their stock in nominative shares. 2. He must certify a.s to the availability of tile equipment which is required in each case to render the service. 3. He must deposit a. bond in an amount to be determined in each case by the General Director of Civil Aviation. 4. The directors and the flight. pei~oimel of the carrier must be Spanish nationality and possess the qualifications required by this Law. Article 81. The authorization mentioned in the two preceding arti- cles shall permit operation of domestic air transportation, with points of arrival and departure on Spanish territory, after having obtained the necessary technical permits. For foreign air transportation it shall be neces~arv ill all cases to obtain a special authorization issued by the General Director of Civil Aviation Between cities connected by scheduled air carriers unscheduled serv- ices shall be authorized only to a. carrier or carriers who are grantees of scheduled routes. This service may, nevertheless, be authorized to a different carrier when the (lemand for transportation of passen- gers or cargo so warrants in the judgment of the. aviation authorities, and when it is not. sufficiently covered by the carrier providing sched- uled services. Other than in this exceptional case, floll-SCileduled transportation may be provided along scheduled routes only between those points which are. not already serviced by such scheduled carriers. Article 82. Tile Ministry of Air shall establish annually maximum rates for non-scheduled domestic transportation and such rates may not be less than those authorized for scheduled services. Ai~tic7c 83. Foreie-n aircraft may iiot carry out cabotage t.rans- portatlon. Article 84. The Ministry of Air may grant permission for special flights or commei.~al te~r fi~lits ~ur 1~eiiod5 not to exceed three flloflths. Aiticle 8o. The spanish State shall have priority in acquiring, at the tcrflliflatiOll of the ~`1a1lt. tile piopertes and rhrhts used by the grantee. ill his ublic air transportation service. Article 80. International air transportation, whether Spanish or foreign. may be scheduled. non-scheduled or tourist charter. PAGENO="0861" AIR LAWS AND TREATIES OF THE WORLD 2263 Article 87. All aircraft carrying out international transportation must enter and leave Spaiiish territory through an airport having customs offices. However, after obtaining the required authorization from the Gen- eral Director of Civil Aviation, tourist charter aircraft may use all the airports open to such class of traffic, as long as they do riot, change pas- sengers or cargo. Article 88. Spanish air services in scheduled international trans- portation shall be established by agreements with the respective States. Permits or grants to foreign carriers to carry out s~ichi transportation ordinarily shall be issued under the principle of reciprocity and with- out causing and prejudice to national services. Foreign aircraft carrying out non-scheduled transportation shall require an authorization for each trip or service. Article 89. Aircraft belonging to a foreign State. may not fly over territory under national sovereignty without. first. obtaining an author- ization or invitation, except for aircraft engaged in search and rescue operations ill accordance Wi tli special agreements. Compliance with the same conditions shall be required from aircraft without pilot or without engine, when it executes any flight for test purposes or in application of new iiivent.ions which have not yet been internationally accepted. Article 90. No foreign aircraft shall be authorized to fly over Span- ish territory without prior deposit of a sufficient. guarantee in regard to liability that may be incurred by overflight or by transportation contracts, in accordance with the provisions of the Spanish laws. Article 91. When special circumstances warrant it. the Government may modify time percentages of foreign 1)alticipation in air transporta- tion enterprises to which this chapter refers. ChAPTER XII. CAItRL\GE CONTI'EACTS SECTiON 1. TRANSPoRTATION OF PASSENGERS Article 92. Tn a passenger carriage contract, time carrier, without exception, shah issue a transportation ticket, containing the following information 1. Place and date of issuance. ~i. Name and address of carrier. 3. Points of leparture and destina~ ion. 4. Passeiiger~s name. ~. (`lass ami 1ri e of transportat on. (. ~1i1I1flOlt~iZed jll(Iicat inn of the route to be foilowed, an(l in~ tell(lel StC~). A ,t/ / Ii.]. 11n transport at IOfl t het.~hai 1 t1h1~O1m1 ium(t nOn- tran~ferahle dneiiinent and niav only be ma-ed ide trip for which it. was. issueml alI(i fet time seat na-i~ned on be airp~; a. Article [L~. Wimemm the trip i~ canellel o~ Ha~ ed ~`nr a-uses of force 1ia-1/( eiv or meteorological enlidit des ag ~ ig tlma a 1ety o~ time flight, the carrmers liability shall be waived p~nvided tim'. i)i~Ce of the ticket is refunded. After the fliuhit has begun and is cancelled for any of time above reasons, time carrier shall complete. the I mmnspomf ation of the passen- gers and their luggage on its own account, using the fastest possible PAGENO="0862" 2264 AIR LAWS AXD TREATIES OF THE WORLD means for arrival at the point of destmation, unless the passengers choose to accept the return of a I)ortioli of the price, of the ticket which corresponds to the unused portion. The carrier shall also pay for expenses of boarding and meals which may result from such interruption. ~4itc~7e 9~. A passenger may cancel his reservation and obtain re- imbursement of it portion of the fare. provided such cancellation is made within the period established by regulation. Ait~c7e 96. The carrier shall be. authorized to refuse transportation to any passenger who, for reasons of sickness or other circumstances specilied in the, regulations. may constitute a danger or disturbance to the conduct of the aircraft. Aite/e 97. The carrier shall transport the passengers' luggage at the. s;tme time as the passenge1~s and wit hout any extra charges within he l~iiiitations of weight an(l volume determined by the regulations. Exccss weight or volume shall be subject to special rates. Objects or other items carried by the passenger in his hands shall not be considered baggage for these ptirposes J,1c7e 98. The carrier shall only be liable for loss, theft or damage of the baggage that has been entrusted to the carrier's custody. Aitie7e 99. When the baggage accepted for carriage is not men- tioned in the ticket. it shall be noted on an attached slip which shall in- clude the information required by the regulations. I)elivery of ba~ga~e shall he made against presentation of the ticket or slip, whoever may be the person requesting delivery of such baggage. In the absence of such ticket or sill) the carrier shall have the right to ascertain the claimants identity, and he. may delay de- livei of the baggage until such time as the claimant, presents the re- quirecl evidence. zli~ti~c7e 100. Acceptance of baggage without. protest. by the holder of the ticket or slip shall imply his waiving all rights to any future claims. The regulations shall establish the period and the form in which the carrier may sell at public auction any baggage which has been abandoned by passengers. Ait;c7e 101. Transportation rates for passengers and their baggage shall be approved by the Ministry of Air. SECTION 2. TRANSPORTATION OF GOODS Art e7e 102. The contract for transportatioin of goods shall be con- sidered in effect with the delivery of such goods to the carrier. On the basis of the information given by the shipper, the carrier shall issue the transportation waybill which shall contain the information required by the regulations. Art ~c7e 103. The waybill shall constitute. proof of the existence of the contract, and in accordance with the. terms contained therein and upon its presentation by any person, the carrier shall deliver the goods after complying with such customs, sanitary and ot.her administrative requirements as may be established. In case of loss, misplacement. or theft. of the waybill, t.he carrier shall furnish an exact copy of such waybill to the consignor or to the con- signee, after having duly ascertained their legal capacity. The car- rie.r may also deliver the cargo to the consignee if such consignee offers sufficient guarantees for such purpose. PAGENO="0863" AIR LAWS AND TREATIES OF THE WORLD 2265 Ai~t ic/c 104. Transportation rates for merchandise shall be. approved in advance by the Ministry of Air. A~'tic/e 10~7. If. for reasons of force ~i)c/c)11e the goods cannot. be shjpped by the itinerary established on the waybill, die carrier shall deliver the pieces to another cartier for fastest (teiiverv. in accordance with instructions received or requested from the siiil)per or consignee. A itcie JOG. The carrier shall not be liable, for seiv ices not being rendered on the date and at. the. hour ~uireed upon, when such sus- pension or delay are caused by reasons of fc~i'ce in.ii~curc or by meteoro- logical conditions. affecting flight safety. The carrier shall not be obliged to pay any compensation for conunercial cargo that has been diminished for any of these~ reasons. Arf ic/c 107. The carrier shall deliver the, goods transported imme- cliately after their arrival at. the point of (lest mat ion, after complying, if llecessa rv. with the requirei'neiìts estal)l ishe(l in time regulations. The~ goods shalT he. considered lost if the are not. delivered within the period fixed in the regulations. A'rtic7e 108. The carrier shall have custody of the goods delivered to it for transportation, and shall be liable for loss, damage or delay in delivery due to the flight, provile(l they are riot, caused by the nature of. or iuherent~ defects in. the goods themselves. The carrier shall also 1)0 liable for losscs sutleteci in case of jettison- ing, necessary to assure the safety of the aircraft. Artic7e 109. When delivery of the. goods transported is impossible because the consignee cannot be located, or because the consignee refuses to receive the goods without protesting on account of (lamages to the goods. or because the consignee does not. wamit. to pay transporta- tion costs or other costs, as the case may be, the earlier shall notify the shipper accordingly . In such case the carrier will assume the role of a paid bailee during a period of one month, after which, if the shipper has not disposed of such goods, the. carrier may sell them at public auction in accordance with the formalities established in the regulations, arid may reimburse itself for expenses and leave the l)al- ance at the. disposal of the persons entitled thereto. If the goods transported are of a. perishable nature, the. period men- tioned above may be shortened in order to increase the sales value. of the goods transporte(l. The bailment of goods mentioned in the preceding paragraphs may be made by the carrier on its own respon'nb~litv outside its domicile. Art ic/c 110. Combined transportation by several air carriers shall make them jointly liable, and tIme shipper or consignee may select among the.m the. one to whom he chooses to present the claim. Article 111. Receipt of transported goods without. any protest on the part of the consignee. shall create a presumption that the merchan- dise has been delivered in good condition, in accordance with the. pro- visions of the transportation contract.. If a protest is made by the consignee, it. shall be so state(i on the waybill or the document. substi- tuting the waybill, and such claim shall be formally made to the car- rier within a period of eight days. If the claim is not submitted within such period, the carrier's liability shall he. considered waived. Article 111. The shipper shall have the right, to dispose. of the goods which are the subject. of the transportation contract, and after having signed the contract and in agreement with the carrier, he may remove PAGENO="0864" 2266 AIR LAWS AND TREATIES OF THE WORLD them from the airport of departure or destination, or change the clesti- nation or the name of the consignee., or request. their return to the air- port. of origin. Expenses resulting from the exercise of these rights shall be. to the shippers account. £1i~t;c7e 113. `Ihe carrier may exclude from the transportation con- tract any goods which, because of their bad condition, packing prepa- ration, or other ([ailgerous circunistances listed mentioned in the, regu- lations, may constitute a clear danger to air navigation. J,t~c7i' 11.4. ~rh~ provisions of this chapter shall not affect the pro- visions of liability iii (~I5~ of accident.. Ciu~vrrri XII. LumiLirY ix CXSE OF XCCIDENT A ;t'~e7e 11). For Pln'pos(~ of this chapter, the. term ~damage" in regard to carriage of passengers shall be deemed to mean the dam- age suffered by passengers on hoard an aircraft and by ope.iatiOli of the aircraft, or as a result. of tile enibarcation or debarkation operat ions. Dama~e resulting from the use of other means of transportation of pangeis of an aircraft nit side. tl~e inrport. shall be excluded from tile. piovisioi~ of this chapter. even though such means of transporta- tion are furnished by the same carrier. The term laina~e~' in regard to transportation of goods aiid bag- gage shall mean any damage suffered by such property from the time of its (ie1ivel~ to the carrier until the time when the carrier places it at the disposal of the conicgnee. excepting~ however, any period when it is under tile jurisdiction of the customs services. The provisions of this para2Tapht shall not. affect the liability of the carrier as bailee in accordance wirli the provisions of Article 109 of this Law. A~tlc/e 1111. The carrier shall be liable for damages caused during transportat ion: 1. For death, injuries or any other bodily damage suffered by a passe.llger. 2. For destruction, loss, damage or delay of the goods or the baggage. whether under bill of lading or hand-carried. Jith/e 117. Compensation payable to the passenger shall be the foliowing 1. For death or total permanent disability: two hundred thou- sanc[ ( `)C),~Jh ) ~. For pernian cut partial disability, tip to a limit of one hundred thousand (lU0.~.)tP) pe.s.tcs. :~. For temporary partial disability, up to a limit of fifty thou- sand ~ J~th7e 118. Coiiineiisation for invoiced or hand-carried goods or baaua~e shall be tile to1lov:in~ 1. em !o~~ or (Fma~l ~c to goods lip to a limit, of five hundred (7e 0 per kllo~irarn of gross weight. ~. For lass or di~u11ege of luggage, checked or hand-carried, up to a. limit of ten thousa nJ (lu~UtPJ) pesct(is per piece. :* For delaY ill the dehive~v of uvoiced goods or registered i') aanae. II 10 tP mn~ )llut ee~iivaient t the en~t. of tran~poitat~on. If the registered or hand-cirricd troods or baggage are transported Wlthi a tlecl ired value accepted by the carrier, tile limit of liability shall be tire (lee lared value. PAGENO="0865" AIR LAWS AND TREATIES OF THE WORLD 2267 Article 119. Compensation shall be due for damages caused to per- SOflS or property on the ground by the operation of the aircraft while such aircraft is in flight or on the ground or which is caused by objects thrown or which may fall therefrom. Compensation due as a result of the operation of the aircraft or of an accident, shall be subject to the following limitations: 1. For aircraft up to 1,000 kilos gross weight, six hundred thousand (600,000) peseta~. 2. For aircraft weighing more than one thousand but less than six thousand kilos, 600,000 peseta~, plus 480 peseta$ per kilo ex- ceeding one thousand. 3. For aircraft exceeding six thousand but less than twenty thousand kilos, 3,000,000 pesetas, plus 314 peseta~ per kilo exceed- ing six thousand. 4. For aircraft exceeding twenty thousand but not exceeding fifty thousand kilos, 7,400,000 pesetas, plus 186 peseta8 per kilo exceeding twenty thousand. 5. For aircraft exceeding fifty thousand kilograms, 13,000,000 pesetc~, plus 120 peseta~ per kilogram exceeding fifty thousand. For purposes of this article the weight of an aircraft shall be deemed the maximum take-off weight authorized in the airworthiness certificate issued for the particular aircraft. Compensation payable for death of or injuries to individuals shall be subject to the provisions of Article 117, increased by twenty per cent. When there are several individuals affected and when the total amount to be paid exceeds the specified limitations, the amounts to be received by each shall be reduced proportionately. When the party liable therefor is unable to meet all payments of compensation due for damages to persons shall have priority over any other claim resulting from the accident. Article 120. The basis for compensation shall be objectively deter- mined in all cases from the accident or damage, within the limitations provided for in this chapt.er, and even in instances of unavoidable ac- cident or when the carrier, operator or their employees prove that they acted with due care. Article 121. Nothwithstanding the provisions of the preceeding ar- ticle, the carrier or operator shall be liable for their own actions and those of their employees, and may not. involve the limitations of lia- bility specified in this chapter when it. c.an be proved that. the damage was the result of an action or omission of the carrier or operator or of their employees which involves intent or negligence.. In the case of employees it. must also be proved that they acted in compliance with, or fulfillment of their duties. Article 122. Any person who uses an aircraft. without the consent of the carrier or owner shall be liable for all damages while, the carrier or owner shall be subsidiarily liable within the limitations established in this chapter, unless it. is shown that he was unable to prevent such unlawful act. Article 123. In case of a collision between aircraft, the owners thereof shall be jointly liable for the damages caused to third parties. If the collision occurs due to that fault. of the. crew- of one `of the air- craft, the owners of such an aircraft shall be liable for damages and losses, and if the fault. is joint or ca.nnot be determined, or due to Un- 39-737 0-65-vol. II-55 PAGENO="0866" 2268 AIR LAWS AND TREATIES OF THE WORLD avoidable circumstances, each of the owners shall be liable in propor- tion to the weight of the respective aircraft.. Ai~tc7e 124. The right to bring action for payment. of a compensa- tion specified in this chapter shall expire six months from the date on which the damage occurred. Claims for damage or delay of cargo or registered baggage shall be made in writing to the carrier or responsible party within a period of ten days from the date of delivery, or from the date when delivery should have 1)een made, in accordance with the provisions of this Law on transportation contracts. Absence of such claim shall prevent bringing an action therefor. Article 12:5. In the absence of an interiiational treaty to which Spain is a I)alty. liability in matters of international air transportation shah be governed by the provisions of this Law as applied in accord- ance with tile principle of reciprocity. CHAPTER XIV. AIR INSURANCE A rtic7e 126. Air insurance shall provide guarantees in regard to risks inherent in navigation which affect aircraft, merchandise, pas- sengers and freight, and in regard to liability for damages to third parties, caused by an aircraft while on the ground, over water or in flight. Art;c7e 127. Insurance shall be compulsory in regard t.o passengers, damages caused to third parties, to aircraft engaged in the service of air lines and those which are mortgaged. Article 128. Navigation in the national air space shall not be author- ized for any foreign aircraft which does not show proof of insurance in regard to any damages it may cause t.o persons or property trans- ported or to third parties on the ground. Such insurance may be replaced by a guarantee in form of a deposit of money or securities, or of a. bond recognized by the St.ate. Article 12.9. Any compensation paid as insurance of an aircraft in case of accident or loss of the aircraft shall be deposited in the court to be paid to the persons entitled thereto, in case there should appear third parties with possible legal claims to such payment, or who have instituted actions as preferred creditors with regard to those claims with preference in such compensation. In order to facilitate to the mortgagee the exercise of his rights, the judge who receives the compensation on deposit shall notify the mort- gagee of the accident, if he is identified from the Aircraft Register, and in any case notices shall be published in the Boletin Oficial del Estado on three different da.tes during the three months following the date when the accident occurred. CHAPTER XV. LIENS AND PREFERRED DEBTS Article 130. Aircraft, as a special kind of personal property, shall be susceptible of being mortgaged. They shall also be subject. to lease, usufruct or other rights recognized by the Law. Such encumbrances, to be valid, must be entered in t.he Aircraft Register and in the Commercial Register when so required by the law which governs the act in question. PAGENO="0867" AIR LAWS AND TREATIES OF THE WORLD 2269 Article 131. Only aircraft registered in Spain may be mortgaged. Article 132. The attachment of an aircraft belonging t.o an air carrier shall not cause the interruption of the public service in which it is engaged. The authorities which order such attachment shall in- form the Ministry of Air thereof. Article 133. Preferred debts against the aircraft or against the com- pensation that may accrue from an insi.irance, shall be as follows in the order named: 1. Debts for taxes, fees and internal revenue taxes of the. State for the past year and for the expired portion of the current one. 2. Salaries due the crew for the last month. 3. Debts to insurers for the last two years on premiums due them. 4. Compensations specified in this Law to cover the damages caused to persons or property, without thereby affecting the pro- visions of the last paragraph of Article 119 of this Law. 5. Expenses incurred in rescue or salvage operations in case of accident of, or danger to the aircraft itself. The provisions of the general laws shall be applicable in regard to preference of other debts. CHAPTER XVI. ACCIDENTS. RESCUE, AND SALVAGE AND RECOVERY Article 134. (Final provisions, section 5). Rescue and salvage of aircraft when involved in an accident or in danger shall be of public interest.. They shall be carried out under the direction of the aeronau- tical authorities, which will be in charge of the investigation and de- termination of liability in cases of accidents. Article 13.5. Compensation for work in connection with the rescue of persons may not~ exceed, for each person rescued, one fourth part of the arnount.s established in this Law for cases of death. Article 136. Tn case of rescue or salvage of an aircraft or its cargo, the compensation may not~ exceed the value of the aircraft or the amount of the insurance. Article 137. If the owner is known, he shall be immediately notified of the recovery of an abandoned aircraft or of the wreckage thereof which shall be returned to him after he has paid for legitimate ex- penses and a reward of a. third of its value to the finder. An aircraft or the wreckage thereof shall he deemed abandoned when it. is found without its crew and when it is not possible to de- termine its legal ownership from the documents found on board, from the registration markings or from other means of identification, or when the owner declares his express desire to abandon it. Article 138. In order to facilitate the exercise of his rights, the owner, if known, shall be notified of the recovery and in any case, no- tices shall be published in the Boletin Oficia.l del Ectado on three dif- ferent dates during the three. months following the date when the recovery took place. After the expiration of one year from t.he date when the aircraft or wreckage thereof was found and no claim has been made by the owner, a legal presumption of abandonment shall be established. Article 139. If the aircraft or the wreckage thereof cannot be pre- served, or the period specified in the preceding Article has expired, the aircraft or the wreckage thereof shall be sold at public auction PAGENO="0868" 2270 AIR LAWS AND TREATIES OF THE WORLD and the proceeds shall be collected by the Government after deducting expenses and the reward, if any. Article 140. Special regulations shall govern the duties and func- tions concerning this subject both of the authorities and of private individuals and the procedure to be followed in the investigation and any international collaboration which may be involved. Article 141. The limitation of actions on claims arising from salvage and rescue operations shall be two years from the date of completion of such operations. CHAPTER XVII. AIR T1~rFIo POUCE Article 143. The air traffic police shall enforce compliance with all permanent. or temporary regulations, legal provisions and rules which may be issued for the purpose of assuring fast, orderly and safe traffic of aircraft in the air and on the ground. Article 143. The functions specified in the preceding article shall be exercised by the chief of the air region, by the chief of the airport and by the commander of an aircraft, as the case may be. Article 144. The regulations concerning air traffic police and flight discipline shall apply to all civilian and military aircraft without dis- tinction of type or class. Article 143. An aircraft may fly within the Spanish air space only when it has been duly authorized to do so, after presentation of its flight plan. and when it has the markings of it.s nationality, registra- tion or number, and when it carries the documents required by this Law, the regulations issued thereunder or by international treaties or agreements. Article 146. All aircraft in flight shall follow the established flight routes or areas and shall respect prohibited or reserved areas. Article 147. Any aircraft in flight within the air space shall land immediately at~ the airport indicated by the authorities controlling air traffic, or change the route originally planned when requested by such authorities to do so. Article 148. Landing and take-off operations of aircraft shall not be carried out except at officially authorized airports and airdromes. Article 14.9. The Minister of Air, either in person or through fran- chises, shall assume the organization and operation of aeronautical, meteorological and telecommunications services and of aids to air navigation. Authorization of such services and authorization of airports shall be required and shall be in accordance wit.h the conditions and rates established in the regulations. CHAPTER XVIII. PRIVATE TRANSPORTATION, TournsT FLIGHTS AND AVIATIONS ScHooLs Art~le 150. Aircraft for private transportation belonging to pri- vate enterprises, or belonging to flying schools, or engaged in technical or scientific work, and tourist or sport aircraft shall be subject to the J)rOvisionS of this Law, whenever applicable, with the exceptions specified hereafter: 1. They shall not. engage in any public service of air transpor- tation of persons or goods. with or without remuneration. PAGENO="0869" AIR LAWS AND TREATIES OF THE WORLD 2271 2. They may use landing fields different, from the airdromes of- ficially open to traffic, after having obtained the necessary au- thorization from the General Director of Civil Aviation. Article 151. Except for aircraft for tourist and sport activities, the use of aircraft. for the purposes mentioned in the preceding Article shall r~uire authorization from the Ministry of Air, and shall be sub- ject to its inspection, under the conditions specified in the authoriza- tion itself or in special regulations. CHAPTER XIX. PENALTIES Article 152. The penalties which may be imposed administratively for violations of this Law and of the regulations issued thereunder con- cerning civil air navigation shall be the following: 1. Warning or admonition. 2. Suspension of the professional or aeronautical license up to a period of six months. 3. A fine of up to 10,000 pe$et (IS. 4. Suspension for a period of six months to one year of the professional or aeronautical license and of the permit to prac- tice a profession or trade for which no license is required. 5. A fine of from 10,000 pesetas to 100,000 pe.Seta9. 6. Suspension up to six months of the transportation permits granted to a carrier. 7. Loss of a professional or aeronautical license. 8. Revision of the transportation permits granted to a carrier. The penalties of a warnihg or fine of up to 500 pesetas may be im- posed by the chief of an airport or by the commander of an aircraft, and such punishment may be appealed to the General Director of Civil Aviation. The penalties specified in numbers 1, 2, and 3 may be. imposed by the chief of an air region and the Director General of Civil Aviation, and such punishment may be appealed to the Minister of Air. The penalties specified in numbers 4 to 7, inclusive, may only be imposed by the Minister of Air. The penalty specified in number 8 may only be imposed by the au- thority or agency that granted the. right, after following the proce- dures specified in the preceding paragraph. Appeals from penalties imposed by the Minister of Air as specified in numbers 5 t.o 8, inclusive, shall be made to the Council of M1nisters. When such penalty has been imposed by the Council of Ministers as within their jurisdiction, there shall be granted a right of petition for review of the decision of the Council. The penal pocedure shall be that established in the Law on Ad- mninistrative Procedure (Repertorio 1958, 1496 and 1504, and Reper- torio 1959, 585) with the exception that. the penalties specified in numbers 1 and 3 above may be imposed without the need of setting up a file on the case. Article 153. The penalties specified in numbers 1, 3, 5, 6, and 8 of the preceding article may be imposed on national or foreign air carriers in the following cases: 1. Non-compliance with the duties specified in the grant or permit. PAGENO="0870" 2272 AIR LAWS AND TREATIES OF THE WORLD ~. \iolation of the provisions on rates, flight routes, use of air- ports. frequency of flights and approved timetables except in cases of foive iriajeui'e. :~. Irregularities in the maintenance of aircraft, equipment or installations which may endanger the safety or efficiency of the services. 4. Fnjustifiable denial to the public of free access to the use of its ~ervices. 7. Issuance of tickets in violation of the provisions controlling forei~n currency or other binding provisions. 6. T~se of aircraft. without the markings of nationality or reg- istratioii. or without the equipment, documents or licenses, or the alteration of any of the above changes in an aircraft without. the iiecessa rv authorization. ~. Failure to notify the aeronautical authorities immediately oncerning a((I1ients to its aircraft. ~. Lack of due care in rescue and sa1va~e operations. J1t;7~ 154. Air carriers of foreign nationality e.ngage.d in public international transportation that load or unload cargo or mail on iion-commercial flights, make cabotage flights over national territory or enter or depart from said territory without using a customs airport shall be liable to a tine of from 10,000 to 100,000 pesetas, or to cancel- lation of their transportation rights. Artkle 155. The owners of private aircraft, or aircraft used for technical or scientific work that carry out such flights without the re- quired permission or in violation of the requirements specified above, shall be liable to a fine of tip to 100,000,000 pec~eta8. or suspension or cancellation of their flight permits. Ai't;ele 156. Any commander of an aircraft who commits any of the following violations shall be liable to a fine of up to ten thousand pesetrns and suspension or loss of his aeronautical license: 1. Outfits an aircraft with a crew- without haviiig the personne.l licenses in the form required. 2. Permits his subordinate to render services while being under influence of alcohol or drugs. 3. Permits non-crew members to intervene in flight operations. 4. Abandons an aircraft, its cargo or passengers before the end of the flight. 5. Dispenses with the use of services or installations of aid t.o navigation which are compulsory or necessary. 6. Does not comply with orders received from police authorities in charge of air traffic. 7. Flies over prohibited areas, carries out~ acrobatic or buzzing flights or other flights that violate the regulations. 8. Carries out test. or demonstration flights without. authoriza- tion. 9. Carries dead bodies or mental or contagious patients without the required authorization. 10. Permits the use of aerial cameras on board an aircraft with- out. the required authorizat ion. 11. Throws or permits the throwing of objects from an aircraft in flight without good reason. 12. Does not use clue care in rescue and salvage operations. PAGENO="0871" AIR LAWS AND TREATIES OF THE WORLD 2273 13. Starts the flight without presenting and receiving authoriza- tion for the flight plan, or later changes such plan without a good reason. 14. Begins the flight with an excess load or poor distribution of t.he cargo with consequent danger to the aircraft. 15. Carries out a flight without complying with the provisions concerning customs, police and health. 16. Does not land when ordered to do so, or enters or leaves Spanish territory through airports which are not customs airports. 17. After landing does not present the required documents to the airport authorities. Article 1.57. Technical aviation personnel belonging to the ground services shall be liable to a fine of up to 10,000 peseta.s, and suspension or cancellation of their aeronautical license, as the case may be, for any action or omission in re.gard to their duties which, although it may not constitute a criminal offense, would endanger the safety of the aircraft, of the airdrome installations or of navigation aids, in accordance. with the regulations. Article L58. Any other violation of the. provisions of this Law or of the regulations issued thereunder shall be punished in accordance with the discretionary judgment. of the aviation authorities. Artic7e 1-59. The provisions of this chapter shall not prejudice pos- sible criminal liability, nor liability to disciplinary punis1irnei~it of employees by their superiors in accordance with adniiiistratve proce- dures in force, nor liability under the labor laws, which shall be acijudi- cated in accordance with their special regulations. FINAL PROVISIONS 1. The transportation of mail, either of national or foreign origin, shall be governed by special laws passed for this plilpose. 2. W~he.never warranted by financial conditions the Government may change by a Decree approved by the Council of Ministers the amounts of compensation specified in Chapter XIII of this Law. 3. Air carriers which certify that they have obtained insurance for passengers in accordance with the provisions of Article 127 of this Law, and deduct~ the amount of the. premium of this compulsory insurance from t.he pric.e of the ticket in national air transportation, shall be excluded from the compulsory insurance, of passengers, as provided for in t.he Law of September 26 of 1941. (Repe.rtorio l6~'3 and Diccion- ario 17363). In all cases compensation shall be paid within a maximum period of thirty days. 4. Any provisions in conflict with the provisions of this Law shall be repealed. The Ministe.r of Air shall be authorized to propose to the Govern- ment., or to issue, as the case may be.. regulations for the enforcement of this Law, and the Commission of Aeronautical Codification shall submit. the drafts of regulations or provisions of a geiieral character which may further implement such a Law. 5. In relation to the third paragraph of Article 5 of this Law, Articles 8. 11. 17, 34 to 38, 45, 46. 51 through 58. 61. and 134 shall be applicable to military air navigation, in addition to those articles which so specifically provide. PAGENO="0872" 2274 AIR LAWS AND TREATIES OF THE WORLD TRANSITIONAL PROVISIONS 1. National air carriers which, at the time of publication of this Law, have been granted permission or have been authorized to carry out air services in national or international traffic shall continue to enjoy such authorization under the present conditions until such time as the Government, at the proposal of the Minister of Air, considers it proper to renew such authorizations in accordance with the provi- sions of Chapter XI of this Law. 2. Fntil such time as the Ministry of Air establishes the regions to which Article 9 refers, such regions shall coinc.ide with the present aerial regions and zones. PAGENO="0873" SUDAN THE A~ ACT 1900 (1960 Act No. 49) AN ACT to regulate and control aviation. In exercise of the powers conf~red on him by Constitutional Order No. i, the President of the Supreme Council for the Armed l~orces hereby makes the following Act :-~ ChAPTER 1 PREL~A~Y This Act may be cited a~ the Air Act 1960, and shall come into force oti a date to be notified in the Gazette by the ~III~e Council of Ministers. went. 2. In this Act, unless the c~~text otherwise requires 1nt~rp~ta- tion. Acrobatic Flights ` means manocuvres intentionally per- formed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed. The Act " includes regulations and orders made under the Act. Aerodrome means a defined area on land or water (indudi~ any buildings, Installations and equipment) intended to be used either ~vhollv or in part for the arrival, departure and movement of aircraft and designated as an aerodrome by the Minister under this Act. .\ircraft " means any machine that can derive support in the atmosphere from the the reactions of the air. Authorised Person includes. in addition to persons author- ised by the Minister, police, customs, immigrat ion and health service official~ charged with duties under the Act or under any other legislation in respect of aviation or air transport. Buildings " includes structures, installations, masts, ov~head cables, embankments and quavs. 1 LegislatIve Supplement to the Republic of the Sudan Gazette, No. 953, Dated 15th December, 1960, Supplement No. 1 : General Legislations. 2275 PAGENO="0874" 2276 AIfl LA\V~ AND THEATIE~ OF THE WOELD (`ertificate `` includes a licence, and a certificate of validation of a certificate or licence. (hicago means the Convention on International Convention ` (`ivil Aviation made at Chicago, dated the 7th day of l)ecemher, 1944. ~\il Aircraft ` means aircraft other than State air- craft. (rr~~v " means P~1~°'~ assigned by the oper- ator of an aircraft to duties on that aircraft during flight. hiicht ` means the manoeuvres of an aircraft while ajrborne or introductory or successive to being airborne. Flight Time means the total time from the moment an 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. Foreign Aircraft" means aircraft registered in a non- Sudanese register. Foreign State means foteign aircraft used for State, Aircraft " military, customs or police purposes. Flying of an means the performance of acts on Aircraft hoard an aircraft relating to the use of that aircraft (lunng flight time. "Military Aircraft" means aircraft used for military pur- poses, whether bearing military or civil marks. means the Minister responsible for civil aviation. ~l~.~rator of in means the person in whose name an Aerodrome " aerodrorne h~ beon~ designated by virtue of his Act, or his employee, agent or representative in charge of ~iic'h aerodrome. ~`raIur ut au means the person using the aircraft. Aircraft `` Provided that (a~ A person shall be deemed to use an aircraft if his servants or agents use it in the course of their PAGENO="0875" AIR LAWS AND TREATIES OF THE WORLD 2277 in plovnoiit whether or not with- ii the ~eim if their authority. (1 Ii control iutvi .~a t i tin is r(t ti ned 1i~' tb or~oi1 from \Vl1Ofl~ I lit >1 ii~ i~ (lt11\°t'(l, tlit ~ i ~ -.iiili (~)ii tn 1 ~h levilii (1 Ii) h~ t h~ ti~-~'r (C) The registere(1 owner of the aircraft shall l)e presumed to be the user unless and until the contrary i-~ proved. Pilot-i n-coninia 0(1 mnean~ t he iIlt it who i~ unmanly re~- pon~ible for the flying (if the aircraft whether or not he is the sole mani- pulator of the controls during flight time. Scheduled National means a series of flights that possesses Air Service " all the following characteristics :- (a) it passes through the airspace over Sudanese territory only; (h) it is performed by aircraft for the carriage of passengers, animals, mail or cargo for remuneration in -uch a manner that each flight is open to use by members of the public. (c) it is operated, so as to serve traffic between the same two or more points, either, (i according to a publisherl time-table, or ii. with flights so regular or frequent that they constitute a recognizably systematic ~cli eduled lot cr- national Air niean~ a ~ermes of flights that possesses ~crvice all the following characteristics :- - (a' it pa~es through the airspace over tin' territory of more than one ~~ta ~t' PAGENO="0876" 2278 AIi~ ~ AND TEEATIE~ OF THE WORLD (h~ it is performed by aircraft for the carriage of passengers, animals, mail or cargo for remuneration in such a manner that each flight is open to use by members of the pqblic; (c~ it is operated, so as to serve traffic betwe ~ie same two or more 1)OifltS, e. er (i) accor ng to a published time- table or ii~ with flights ~o regular or frequent that they constitute a recognizably systematic series. State Aircraft " means aircraft used for military, customs or police purposes. Sudanese Aircraft" means aircraft which are validly re- gistered in a Sudanese register. Sudanese Territory" means the land areas of the Republic of the Sudan and the territorial waters adjacent thereto, and the airspace above such land areas and terri- torial waters. 3. (1) The legislation set forth in the first part of the First Schedule hereto is hereby repealed. (2) The regulations and orders set forth in the second part of the First Schedule shall continue in force until expressly repealed, and in the meantime shall be deemed to have been made and shall take effect as if made under this Act. 4. Subject to any exemptions contained in this Act, this Apphcatio~ Act applies (a) to Sudanese aircraft, whether Civil or State and whether within or outside Sudanese territory, save in so far as it conflicts with legislation of the foreign State having jurisdiction over the territory within which such aircraft may for the time being be situate. (b) To foreign aircraft, whether civil or State, for the time being situate within Sudanese territory. PAGENO="0877" .*UE LAWS AND TREATIES OF THE WORLD 2279 5. (i) The Minister shall be responsible for civil aviation in the Sudan. S Minister for ~2) The Minister shall, in fulfilling his responsibility, ~~tion. have regard to the, development of world civil aviation and to the Preamble of the Chicago Convention. (~) The Minister shall, in collaboration with all other Ministers concerned, endeavour to facilitate customs, immigra- tion and health procedures applicable to :-- (a) civil aircraft flying to or from Sudanese territory (h) the c~'w~ ot ~ucli aircra ft (~ ~ annuals, car~) an(l mail carried or to be carried by such aircraft. CHAPTER II PROVISIONS AS TO REGISTRATION AND CERTIFICATION OF AIR~RAT~ AND CREWS 6. (i) A register of Sudanese civil aircraft shall be kept by ~ - of .~mrer8ft. the Minister. (2) A certificate of registration shall he issued in respect of every aircraft so registered. (~) The Minister shall supply on demand to a State or to the International Civil Aviation Organization information concerning the registration and ownership of Sudanese civil air- craft engaged in international civil air navigation. (~) A register of Sudanese military aircraft shall be kept by the Minister of 1)efence. (~) A certificate of registration shall he issued in respect of every military aircraft so registered. (6) No aircraft validly registered in a foreign State may he registered in either register. (~) Au aircraft validly registered in either register shall have Sudanese nationality. (8) An aircraft registred in either register shall be pre- suiimed to be validis' registered, unless a competent Sudanese court rules otherwise. (~~) An aircraft registered in a foreign State shall for the l)U0~ of this Act have the nationality of that State unless a conipetent court of that State rules otherwise. PAGENO="0878" 2280 AIli LAWS AND TREATIES OF THE WORLD (io) No Sudanese aircraft shall be flown unless provided with a valid certificate of registration under this Section. (ii) No foreign aircraft shall be flown within Sudanese territory unless provided with a valid certificate of registration issiaed by the competent authority of the foreign State concerned. (i) The nationality mark of Sudanese civil aircraft shall Nationulity be determined in accordance with the provisions of a Convention ~ or ;in agreement to which the Republic of the Sudan is a party. Marks. (2) The nationality mark and the registration marks on ~`:~ane~~e civil ~iircraft shall be painted on that aircraft in rdance with the provisions of a Convention or an agreement ~oh the Nepiihlic of the Sudan is a party. (~ I lie ~\Iinister of Defence shall determine the nationality mark and registration marks of Sudanese military aircraft and the manner in which those marks shall be painted on such aircraft. (~) No Sudanese aircraft shall be flown unless provided with nationality and registration marks in accordance with this Section. (5) No foreign aircraft shall be (a) provided with Sudanese nationality or registra- tion marks under this Section; (b) flown within Sudanese territory, unless provided with nationality and registration marks in accord- aiice with the law of the State in which it is re- gistered. s. (i) Every Sudanese aircraft which is being flown or Certificate. inte~icjed to be flown, whether within or outside Sudanese of Airworthi territory, shall be provided with and in possession of a valid certificate of airworthiness, or a valid certificate of validation of a valid foreign certificate of airworthiness issued by the Mirister or, in the case of military aircra.ft, by the Minister of Defence, in accordance `with regulations made by such respective "lin:ster. (2) Every foreign aircraft which is being flown within Sud~inese territory shall possess a valid certificate of airworth- ine~'~, or a valid certificate of validation of a valid certificate of airworthiness, issued by the competent authority of the State in `~hich the aircraft is registered. (~ In the case of a foreign certificate of airworthiness, the ~taiidards to be met before its issue shall be not less than PAGENO="0879" ATE LAWS AND TEEATIE~ OF THE WORLD 2281 those required under Sudan Law or under a convention or a~ee- ment to which the Republic of the Sudan is a party. (~) An aircraft shall not be flown except in accordance with the conditions and subject to the restrictions laid down in such certificate of airworthiness. (~) Notwithstanding that it possesses a valid certificate of airworthiness, an aircraft shall not be flown if it has in fact for any reason ceased to be ainvorthy. ~. (i) No Sudanese aircraft which carries or is intended to Cortifieate~ carry passengers or goods for hire or reward shall be flown unless of Mainten- it possesses a valid certificate of maintenance certifying that ance. the aircraft has been maintained in accordance with maintenance schedules prescribed by the Mi nist ur. (.~ A certificate of inainteliancu shall be in ~ucli turin and shall remain valid for such period and shall be issued by such person as the Minister shall prescribe. (3) The pilot-in-command of such aircraft shall, on the termination of every flight, enter in a log book, to be provided for the purpose by the operator, a record of the duration of the flight in hours and minutes, and the operator shall maintain or cause to be maintained in such log book a record of the total number of hours flown by the aircraft since the issue of the last certificate of maintenance relating thereto. (~) All such entries shall be signed and dated by the lersoIl making the same and the log book shall be preserved by the operator for a period of 2 years after the expiration of the relevant certificate or certificates of maintenance. (~) The Minister may make provision for the grant of licences to aircraft maintenance engineers entitling them to issue certificates of maintenance. io. (i) Every member of a crew flying or intending to fly (erLificato ~f a Sudanese aircraft shall be provided with and l)0~5esS and carry Competency a valid certificate of competency, or a valid certificate of valida- of crc~5. tion of a valid foreign certificate of competency, issued by the Minister, or in the case of militar aircraft, by the Minister of I )efence. (2) Every member of a crew flying a foreign aircraft within Sudanese territory shall po~sess and carry a valid certi- ficate of competency, or a valid certificate of validation of a valid certificate of competency, issued by the competent authority of the State in which the aircraft is ru~istered. Provided that the Minister may refuse to recognise a certificate of validation issued PAGENO="0880" 2282 ~IR LAWS AXD TREATIES OF THE WORLD by such authority to a Sudanese national, (~) In the case of a foreign certificate of competency, the standards to be met before its issue shall be not less than those required under Sudan Law or under a Convention or agree- ment to which the Republic of the Sudan is a party. (4) An aircraft ~liahI not be flown by a member of a crew xcept in accordance with the conditions and subject to the restrictions laid down iii lii~ certificate of competency. (5) Notwithstanding that he possesses a valid certifi- cate of competency, a member of a crew shall not take part in flying an aircraft unless lie is in a fit and proper condition to do so. ii. Every civil aircraft equipped with radio apparatus shall Radio carry a valid aircraft radio licence, issued in the case of a Sudanese ~ aircraft by the competent Sudanese authority and in the case of a foreign aircraft by the competent authority of the State in which the aircraft is registered. 12. (i) Without prejudice to the provisions of a Convention Carrying of or an agreement to which the Republic of the Sudan is a party, Docume the Minister may by order give directions as to :- (a) the documents which shall be carried by Sudanese civil aircraft within or outside Sudanese territory or by foreign civil aircraft within Sudanese territory; (b) the form and contents of such documents; (c) the period (not exceeding 2 years) after the expiration of their validity or currency during which any such documents shall be preserved and kept available for inspection by the operator of a Sudanese civil aircraft. (2) The Minister may prohibit the flying of civil aircraft not carrying the documents required under this Section. CHAPTER III PROVISIONS AS TO FLYING OF AIRCRAFT PILOT DI COMMAND OF SUDANESE AIRCRAFT 13. (i) For each flight the operator of a Sudanese civil aircraft must, if there is more than one pilot, designate one pilot to act as pilot-in-command. PAGENO="0881" AlE LAWS AND TEEATIF:S ()F THE WOELD 2283 ~2) If the operator ha~ not designated a pilot-in- coniniand, the first officer shall act as pilot-in-command. (`,) The pilot-in-command shall have and exercise the IIece~sarv disciplinary powers over everyone on board to ensure its safe operation. (4) Everyone on board a Sudanese civil aircraft shall behave in an orderly manner and obey the orders of the pilot- in-command. (~) In the case of a Sudanese military aircraft, the competent military authority shall, if the crew of that aircraft consists of more than one person designate one member of the crew to act as pilot-in-command. If the competent military authority hdS not designated a pilot-in-command, the highest in rank of the pilots will act as pilot-in-command. 14. Foreign aircraft shall not over-fly or fly within or land Control of on Sudanese territory unless :- flightaby (a) Express permission has been given, in the case of ~ civil aircraft, by the Minister, and in the case of Sudai military aircraft and aircraft used for State, Customs or Police purposes, by the Minister of Foreign Affairs, after consultation in each case with any other Minister concerned and the conditions laid down in such permit are observed, or, (b) the right to over-fly or fly within or land on Sudanese territory is recognized by virtue of an international convention to which the Republic of the Sudan has adhered or in respect of which it is a contracting State, or by virtue of a specific inter-State agreement to which the Republic of the Sudan is a party. Provided that in the event of the occurrence of war or of a state of hostility or international or national emergency affecting the Sudan, the Council of Ministers may by order prohibit aircraft registered in or belonging to any State, or the nationals of any State, named in such order, from over-flying or flying within or landing on Sudanese territory or any part thereof during such period as may be specified in the order, or until further order. 15. Any civil aircraft over-flying Sudanese territory may Control of be required by any person duly authorised on that behalf to land at an aerodrome for the purpose of customs examination or other ~ud,~ij. 39-737 O-65-vol. II-56 PAGENO="0882" 2284 -kin ~ AND THEATIES OF THE WORLD examination unless under the terms of a Convention or an agree- ment to which the Republic of the Sudan is a party the aircraft is permitted to make a flight in transit non-stop across Sudanese territory. 16. (i) The Minister may, for reasons of safety of flight, Routes and by order prescribe the routes to be followed within Sudanese eights. territory by civil aircraft or certain classes of civil aircraft. Provided that there shall be no di~crirnination in rt~pect of the nationality of the aircraft. (2) The Minister, or in the case of military aircraft the Minister of Defence, may by order direct that no aircraft shall be flown over any town, thickly populated area, national park, game reserve or bird sanctuary at a height less than that l)re~crihe(l by such Minister. (~) No aircraft shall be flown within Sudanese territory at .i height other than that prescribed by Conventions, Annexes thereto or Agreements to which the Republic of the Sudan is a party, or in default by the Minister. (~) No Sudanese aircraft shall be flown outside Sudanese territory at a height other than that there legally applicable. 17. (i) The Minister may, for reasons of public security, ~iyi~ ~ after consultation with any other Minister concerned, restrict Restricted or or prohibit the flying of an~' civil aircraft over specified areas ~rohibited within Sudanese territory. (2) The Minister may, for reasons of military necessity, after consultation and in agreement with the Minister of Defence, restrict or prohibit the flying of civil aircraft over specified areas within Sudanese territory. (~) The Council of Ministers may, during exceptional circumstances, temporarily restrict or prohibit the flying of all civil aircraft, within the whole or any specified part of Sudanese territory. Provided that flying for humanitari~tn purposes may be exempted from such restriction or prohibition. (~) The Minister of Defence may restrict or prohibit the flying of foreign military aircraft belonging to any one or more foreign states within the whole or an~' specified part of Sudanese territory. (~) An aircraft which is being flown in breach of any such restrictions or prohibition shall land at the nearest aero- drome outside the restricted or prohibited area or, if flying within the whole of Sudanese territory is restricted or prohibited, at the nearest aerodrome. PAGENO="0883" AIR LAWS AND TRF:ATIE~ OF THE WORLD 2285 (6) An aircraft which fails, after being given due warn- ing to land voluntarily at such aerodronne may be compelled to do so by force. i8. (i) No aircraft shall be flown witlth.n Sudar~ese territory, D.oroui and no Sudanese aircraft shall be flown an~vhere in such a way Flying. as to inconvenience or endanger men or animals, ~r interfere with the reasonable use of or endanger :ropertv, unless such flying is in accordance with the law or necessary to ensure the safety of the flight. (2) No aerobatic flights shall be ç~erformed over to\vns, national parks, game reserves or bird siinctuaries, nor, save with the permission of the Minister, over an open-air assembly of persons. iq. (i) No Sudanese aircraft capable :~f being flown without l'ilot1e~ a pilot shall he flown without a pilot un1~ss special permission ~ has been obtained from the Minister, or, i~ the case of military aircraft, from the Minister of Defence, and all conditions respec- tively laid down by the Minister or the Minister of Defence are observed. (2) No foreign aircraft capable o~ being flown without a pilot shall be flown without a pilot within Sudanese territory unless special permission has been obtained from the Minister, or, in the case of military aircraft, from th~.e Minister of Foreign Affairs, and all conditions respectively laid down by the Minister, or by the Minister of Foreign Affairs after consultation with the Minister and the Minister of Defence, art~ observed. 20. (I) No aircraft shall carry passengers, animals, mail or Carriage. cargo within or to or from Sudanese territ~y for remuneration unless (a) a right to perform such tarriage is conferred on such aircraft by or u.~der a Convention or agreement to which the Republic of the Sudan is a party, or (b) permission has been give~ by the Minister. (2) The Minister may (save in so f~r as a Convention or agreement referred to under paragraph (a) r~iav expressly provide to the contrary) :- (a~ impose conditions in resp~ct of such carriage, (b) prescril'e the rates or ta~ffs to be charged in respect of such carriage, after taking into account :- PAGENO="0884" 2286 AIR LA\V~ AXD TREATIES OF THE WORLD (i) in the case of mail, any rates adopted by the Universal Postal Union; (ii) in the case of other carriage, any rates adopted by the International Air Transport A~sociation; and so that, if no such rates have been adopted, the rates shall be fixed at reason- able levels, due regard being paid to all relevant factors, including economic operation, reasonable profit, difference of characteristics of service (including standards of speed and accommodation) 1 u the rates legitimately charged by other operators for such carriage. 21. (i) No passenger shall be picked up in Sudanese tern- ~h~j~ns tory and carried in an aircraft outside Sudanese territory unless ~ he is legally permitted to leave Sudanese territory. (2) No passenger (other than a transit passenger) shall be carried in an aircraft into Sudanese territory unless he is legally permitted to enter Sudanese territory. (~) No person suffering from a disease likely to endanger the health or safety of other passengers shall be carried in a Sudanese aircraft, whether within or outside Sudanese territory, or in a foreign aircraft within Sudanese territory, unless he is under the care or supervision of some competent person, and all necessary precautions are taken to safeguard the health and safety of other occupants of the aircraft. 22. Without prejudi~ to the provisions of any other law Probibitio~a prohibiting or restricting the transport of goods, no Sudanese ~ civil aircraft, whether withiB or outside Sudanese territory, and Csniag. o( no foreign civil aircraft within Sudanese territory, shall carry Goods. any of the articles hereinafter in this Section specified unless granted permission to do so by the authorities respectively named in this Section, and subject to any prescribed conditions :- (a) Munitions of war or implements of war Provided that: (i) permission for such carriage may be granted by the Minister with the agreement of the Minister of Defeuct, and, if the carriage is to a foreign State or between foreign States, the Minister of Foreign Affairs PAGENO="0885" AlE LAWS ANT) TEEATIES OF TUE WOELD 2287 (ii) the Minister may prescribe conditions to ensure safety of flight; (iii) the Minister with the agreement of the Minister of Defence may determine what constitutes munitions of war and implements of war for the purposes of this Section, giving due con- sideration to any recommendations thereon of the International Civil Aviation Organiza- tion. (b) Corpses - unless the permission of the Minister has been obtained and ~ubject t any prescribed condi- tions. (C) - - unless all necessary precall tions are taken to safeguard the flight, and the health and safety of pas~ sengers. (d) Poisonous gases, explosives, or radio-active materials, unless the permission of the Minister has been obtained, and subject to any prescribed condi- tions. (e) Narcotic drugs - save such as may be packed and sealed on board the aircraft for use in an emergency connected with the aircraft. 23. No foreign military aircraft shall carry within Sudanese territory any munitions of war, implements of war, poison gas, explosives, or radio-active material, unless the permission of FOI'igTI the Minister of Foreign Affairs and of the Minister of Defence ~hjt~' has been obtained, and subject to any prescribed conditions. Aircraft, CHAPTER IV AERODROMES 24. (i) The Minister may, of his own motion or upon the application of any interested party, designate an area of land or a surface of water as a civil aerodronie. 1roine~. (2) The Minister of Defence may, in agreement with the Minister, designate an area of land or a surface of water a~ a military aer~rome, for exclusive military use. (~) No area of land or surface of water within Sudanese territory not so designated shall be made to resemble or used PAGENO="0886" 2288 .~iR LA\V~ AND TREATIE~A OF THE WORLD as an aerodroine, and in particular no aircraft shall take off from or land on any p}ace other than an aerodrome so designated. 25. (i) A cnil aerodroine shall be designated for public Des~u&tion use or for private use. (2) The use of an aerodrome so designated may be U. further restricted in respect of :- (a) ~~ategory of aircraft; (b) ~ze or weight of aircraft (c~ :~rni of civil aviation (as between international, ational, Lomniercial or private). ~ An ~erodrome designated for public use may, iii agreement with th~e Minister of Defence, also be used by military aircraft generally cr on special occasions, provided such use shall not interfere with the safe operation of civil aircraft. (4) An .aerodrome designated for private use may (subject to the provisions of Section 36) be used by the operator of that aerodrome for his own purposes, or by those whom he may invite to use it. (~) In d~signating an aerodrome the Minister shall take into account the Standards and Recommended Practices concerned laid d~-n in Annex 14 ("Aerodromes ") to the Chicago Convention. (6) The 3esignation shall incorporate conditions with regard to the construction and lay-out of the aerodrome, the installations thereof, the provision of aeronautical services (including air traffic control, telecommunications, meteoro- logical services, r~scue and fire services) and the maintenance of the aerodrome. 26. 1) For the purpose of this Section the expression ApplicMioua `area" means the area of land or the surface of water, in respect ~ De~n~- of which an application for designation has been made. tion. (2) An application for designation of an area as an aero- dronie shall be submitted to the Minister, accompanied by the following documents in triplicate :- (a~ A plan clearly showing the size, the site and the 1~'oundaries of the area, and, if the land is registered, the reference numbers on the land ~gister. PAGENO="0887" AIR LA\VS AND mI:ATI i;~ ~)F THE WORLI) 2289 (b) A general map showing the site of the area in relation to neighbouring towns. (c) A general map of a scale not less than 1/5000 showing the area and its neighbourhood to a distance therefrom not exceeding io,ooo metres as specified by the Minister. (d) A statement explaining the intended use of the aerodrome. (e) A statement as the tenure of the land com- prised in the area, showing whether it is owned by the A~licant or by the (government or by third parti~ and whether tree from or subject ~iiv~~ i~t ~red i unregistered rights in others. (3) The Minister may ask the applicant to supply any further information that he may require. 27. (i) The Minister may in the exercise of his discretion Coneider~. either reject an application for designation forthwith or may tion of direct that an enquiry by a person to be nominated by the Appilcatiolib Minister be held, at which opportunity shall be given to all interested parties to raise objections to the designation of the area as an aerodrome or to the intended use of such aerodrome. (2) In considering whether or not he shall designate an area as an aerodrome the Minister shall take into account the interests of neighbouring towns and of all persons having rights or interests in the area or in the neighbourhood of the area, including the views of the Local Planning authorities. 28. (I) The Minister m.tv of his own motion or upon the Modificatin application of any interested party modify or revoke a designa- ~ tion of an area as an aerodrome. Before doing so the Minister ~ may direct an enquiry to be held under the preceding Section. (2) The Minister shall revoke a designation :--- (a) Upon a written request by the operator of the aerodrome. in which case the Minister shall revoke the designation within a period of 12 months after receipt of the request. (b) Upon a written request by some person other than the operator of the aerodrome who has become entitled to ownership of the area, or to rights in respect of the area incompatible with its ontinued use as an aerodrome. PAGENO="0888" 2290 AlE LAWS AND TREATIES OF THE WORLD Provi~ci that if such ownership or rights affect only part of the area, the Minister shall revoke the designation as an aerodrome only with regard to that part of the area, if the remaining part of the area can serve the purpose for which the aerodrome was originally designated. .~. (i) An applicant, whose application for designation of Ap~~a1~. ~irea as an aerodrorre or for the modification or revocation of a designation has b~-en rejected, and any oilier interested party who claims to be :njuriouslv ; fe~td by such de'~igii~tion, modification or revocation, shall have a right of appeal to the Council of Ministers against a decision of the Minister on any such question (other than a decision of revocation made under paragraph (a) or (b) of Sub-section (2) of the preceding Section). (2) The decision of the Council of Ministers on such appeal shall be final. 30. If a civil aerodrome has been designated for public use Ai~qui~itioo and the site or any part of the site thereof is owned by, or subject ~ to registered rights vested in any private person or Persons such site or part thereof shall, in default of agreement by private treaty, be subject to acquisition under the Land Acquisition Ordinance. 31. (i) The Minister may at any time direct alterations ~U~ion~ to be made on an aerodrome in the interests of the safety of the `~ the fntercst~ of general public, or of the safety of take-off and of landing on the ,,~ Pnhlfr aerodrome. ~afcty (z) Any alterations to be made in the interest of the safety of the general public shall be made in agreement with the Minister or Ministers responsible for such safety. (~) The operator of the aerodrome shall be entitled to be reimbursed the reasonable costs of any alterations made by him on an aerodrome solely in the interests of the safety of the general public as the resnit of any such direction. 32. The operator c~f an aerodrome designated for public L~u ul use shall admit air traffic on that aerodrome in accordance with Aerodro.ne~. regulations laid down by virtue of this Act and subject to the conditions laid down in its designation as an aerodronie. 33. The operator of an aerodrome ~hull not use or allow that ttri~o'i~ aerodrome to be used on Up.. PAGENO="0889" AIR LAWS AND TREATIES OF THE WORLD 2291 (a) in contravention of the conditions laid down in the designation of the aerodrome; (b) in contravention of an order for its temporary closure, made by the Minister under the following Section of this Act; (c) for purposes which are not connected with the use of the aerodrome by aircraft or with the handling of passengers, animals, mails and cargo to be carried by aircraft. 34. (I) An ~wrodrome may he temporarily closed by the (`losure ~.l ~Iinister if : \errdrom~ (a) the safety of civil aviation so requires (b) the aerodrome has been used in breach of thu preceding Section. (2) An aerodrome may be temporarily closed by the Minister, in agreement with any other Minister concerned:- (a) for reasons of public security; (b) if the operator of the aerodrome has committed or permitted breaches of the law concerning customs, immigration or health applicable to that aerodrome. (3) Such temporary closing may be restricted to the use of the aerodrome by :- (a) special categories of aircraft (b) special forms of civil aviation, (such as international civil aviation or com- mercial aviation) (c) aircraft up to a certain weight. 35. (I) The operator of an aerodrome designated for private .~Iarking of use shall display signs thereon in order to indicate that the ~ aerodrome has been designated for private use only and shall not give or permit any contrary indication or impression. (2) These signs shall be iii accordance with a specifica- tion prescribed by the Minister, and shall be such that they can be recognised by the crew of an aircraft in flight at a reasonable height and distance from the aerodrome and under normal weather conditions. 36. Aircraft shall not land on or take-off from an aero- Use of drome designated for private use without the consent of the Privato .~erodrnmes. PAGENO="0890" 2292 AIR LAWS AND TREATIES OF THE WORLD operator of the aerodrome, and of the Minister. 37. (i) The operator of an aerodrome designated for public untrol of use shalt not collect fees or charges for the use of that aerodrome, .~odrome unless those fees and charges have been approved by the Minister. Charg~. (2) The operator of an aerodrome designated for private use, shall not derive any remuneration or indirect benefit from the use of that aerodrome by aircraft other than his own, unless such remuneration or benefit has been approved by the Minister. ~S. The operator of an aerodronie shall keep Register 1~ ~ici in which he shall record the arrival and the departure of each .~irci~ft aircraft. He shall produce this Register on requect for inspection ~ by any authorised person. 39. (i) The Minister shall in agreement with other Ministers Ih~ugtiation concerned, designate aerodromes as aerodromes for use in inter- national aviation for the purposes of customs, immigration Inter- and health examination, national Aviation. (2) The designation of such aerodromes shall be published nationally and internationally in such a way as to bring it to the attention of all interested persons, whether in the sudan or abroad. (~) An aircraft after entering Sudanese territory shall land at the nearest aerodromes so designated, unlessa Convention or an agreement to which the Republic of the Sudan is a party entitles that aircraft to make a flight in transit non-stop across Sudanese territory, or permission so to do is given by the Ministei in agreement with other Ministers concerned. (~) Whenever an aircraft has landed othenvise than in accordance with the provisions of the preceding sub-section, the pilot-in-command shall forthwith notify the nearest or most accessible customs, immigration and health authorities, and shall not resume the flight until these authorities have given permission. 40. Save as otherwise provided by this Act, no person fre~paa~ on shall enter or be upon any aerodrome or building thereon, or allow any animal to trespass on an acrodrome, without the authorisation of the Minister, given in conformity with the requirements of any other Minister concerned. 41. (r) The operator of an aerodrome shall not permit Ob~truction' the existence on the aerodrome of any obstacles, temporary or permanent, which may endanger the landing, taking-off or taxy- ing of aircraft. PAGENO="0891" AIR LAWS AND TREATIES OF THE WORLD 2293 (2) No person shall construct any buildings orstructures on an aerodrome without the permission of the Minister. 42. (i) The Minister may, in respect of any area or part Obstruction~ thereof surrounding a civil aerodrome °n Ground Surrounding (a) prohibit: AerodronieR. (i) the erection of buildings (ii) the growing of tree~. (iii) the placing of any other obstacle. (b) direct the removal of any existing building, tree or other obstacle, which is likely to inter- fere with the safety of the take-off or landing of aircraft. In doing so the Minister shall apply the Standards laid down in Annex i~ (" Aero- dromes ") to the Chicago Convention. (2) Any such prohibition or direction may be issued by the Minister of his own motion or upon a written application from the operator of the aerodrome concerned. 43. (r) An application by the operator of an aerodrome for Application the prohibition or removal of obstructions shall be submitted for Prohibi. tion or to the Minister accompanied by the following documents in trip- Removal of licate -- 0b~tructions. (a) a plan clearly showing the size, the site and the boundaries of the area in respect of which a prohibition, or a direction for the removal of an obstruction, is sought and, if the land is registered, the reference numbers on the land register; (b) in the case of an obstruction, the position and nature of the obstruction; (c' a general map showing the site of the area in relation to neighbouring towns; (d) a statement as to the tenure of the land com- prised in the areas, showing whether it is owned by the Government or by third parties, and whether free from or subject to any registered or unregistered rights in others. (2) The Minister may ask the applicant to supply any further information that he may require. PAGENO="0892" 2294 AIR LAW~ AND TREATIES OF THE WORLD ~. (i) The Minister may in the exercise of his discretion Conidirs- either reject an application under the preceding Section forthwith, or may direct that an enquiry by a person to be nominated by the Minister be held, at which opportunity shall be given to all interested parties to raise objections ta the proposed prohibition or direction for removal. (2) In considering whether or not he shall issue such prohibition or direction the Minister shall take into account, on the one hand the requirements of safe approach to and depar- ture from the runways of the aerodrome, and on the other hand the interests of the neighbouring towns and interested parties referred to in the preceding Sectinn. 45. (r The Minister ni~ of lii~ owil motion r Up fl the \Io,lj1lu~Ltjon application of the operator of the aerodrome con-~rned modify ~ or revoke a prohibition made under Section 42. Before doing Prohibitiot so the Minister may direct an enquiry to be held under the pre- ceding Section. (z) The Minister shall revoke such prohibition if the designation of the aerodrome concerned has been revoked. 46. (i) An applicant, whose application for the prohibition AppeaJR. or removal of obstructions or for the modification or revocation of a prohibition, has been rejected, and any other interested party who claims to be injuriously affected by such prohibition, modifi- cation, or revocation shall have a right of appeal to the Council of Ministers against a decision of the Minister on ally siidi question (other than a decision under Sub-Section (2) of the preceding Section). (2) The decision of the Council of Ministers on such appeal shall be final. 47. (i) Any person injuriously affected by a prohibition (~ompen~ or direction made under Section 42 shall be entitled to be paid tion. compensation by the operator of the aerodrome in respect of the injury so caused. (2) In default of agreement, the compensation shall be assessed by a board of 3 arbitrators, of whom one shall be appointed by the person injuriously affected, one by the operator of the aerodrome, and one by the Minister. CHAPTER V ACCIDENTS AND INSURANCE 48. (I) For the purposes of this Section the word InquirY int~ accident" means an~' incident, in consequence of which an Aeeident& PAGENO="0893" AIR LA\V~ AND Tf~F.A~I' II~ OF TUE WORLD 2295 occupant of an aircraft has been killed or seriously injured, or aircraft or goods therein have been seriously damaged, or persons not on the aircraft have been killed or seriously injured or goods not on the aircraft have been seriously damaged, whether directly or indirectly, by an aircraft; and includes any incident in consequence of which the safety of the occupants of the air- craft has been seriously endangered, or the safety of any person not on the aircraft has been seriously endangered by an aircraft. (2) Whenever a Sudanese civil aircraft, or a foreign civil aircraft within Sudanese territory, is involved in an accident, an inquiry shall be held into the causes of that accident. (.~) Such inquiry shall consist of a preliminary investi- gation and a public inquiry. 49; (i) The preliminary investigation shall be undertaken P~jimine~ by an Accident Investigation Officer (hereinafter in this Chapter Investtgui~ called the Officer ") who shall be a senior officer of the Depart- tion. ment of Civil Aviation appointed by the Minister. (2) The Officer shall have power :~- (a) to summon and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents, and articles which the Officer may consider relevant, and to retain any such books, papers, docu- ments and articles until the completion of the investigation: (b~ to take statements from all such persons as he thinks fit, and to require any such persons to make and sign a declaration of the truth of the statement made by him; (c) to have access to and examine any aircraft involved in the accident and the place where the accident occurred, and for that purpose to require any such aircraft or any part thereof to be preserved unmoved or unaltered pending examination (d) to examine, remove, test, take measures for the preservation of, or otherwise deal with the aircraft or any part thereof or anything contained therein PAGENO="0894" 2296 AIR LA\V~ AND TRF:ATIES OF THE WORLD (e) to enter and inspect any place or building the entry or inspection of which appears to the Officer to be requisite for the purposes of the investigation; (f) to take measures for the preservation of evidence. (~) Public notice that such preliminary investigation L~ about to be held shall be given in such manner as the Minister may think fit, and shall state that any person may submit written representations concerning the circumstances or causes of the accident within a time to be specified in the notice. p flie investigation `~ha 1 he held ~ pnvate. (5) \\ here it appears to the Ofticer t hat iii order to resolve any conflict of evidence or for any other reason it is expedient so to do, he may permit any person to appear before him and call evidence and examine witnesses. (6) \Vhere it appears to the Officer that any degree of responsibility for the accident may be attributed to any person, that person, or, if he be deceased, his legal personal representatives, shall be given notice that blame may be attributed to him, and shall be permitted to appear before the Officer and call evidence and examine any witnesses whose evidence may implicate him. (7) The Attorney-General may intervene at any stage of a preliminary investigation in order to make representations or to examine witnesses, if it appears to him expedient so to do in the public interest. (S) Upon the completion of a preliminary investigation, the Officer shall make a report to the Air Accidents Investigation Commission mentioned in the following Section. He shall state his findings of fact, and his conclusions as to the cause of the accident, adding any observations and recommendations which he may think fit with a view to the avoidance of similar accidents in future. 50. (i) The public inquirY ,hall be undertaken by a per- Inquiry by nianent Conunission to be know n as the Air Accidents Investiga- Air* Acc~dent~ tion Commission (hereinafter in this Chapter referred to as Inveetigs. "the Commission ). which shall be an independent non- tio~ government body, consisting of a Chairman and two other Commu~e3tjsa. members, ~hall be appointed by the Council of Ministers. The Chairman of the Commission shall be an advocate of not less than ten years standing. The Commission shall he assisted PAGENO="0895" AlE LAWS ANI) TREATIES or~ TIlE W()IILI) by not less than two assessors posses aeronautical engineer- ing or other special skill or knowIe~e with regard to civil aviation, who shall be nominated by the Chairman for each inquiry. (2) Every inquiry shall be c~ducted in such manner that, if a charge is made against any person, that person shall have full opportunity of defending hirmself. (3) The Commission and each of its members may :- (a) enter and inspect, or authonse any person to enter and inspect, an-a place or building entry or inspection ~vhereo~ ~ppears to the Commis- ~ion requisite for the ~urposes of the inquiry (h~ by summons rcqulre ti~ attendance a~ ~vitnesses of all such persons a~ the Commission may think fit to call and examine, and require such persons to answer any questions or furnish any information or preduce any books, papers, documents and articles which the Commission may consider relevant (c) administer the oath to any such witness, or require any witness t:i niake a declaration of the truth of the statements made by him in his examination. (~) The Commission shall ca~e 14 days' notice of the inquiry to be served upon any person who in its opinion ought to be served with such notice. At the time and place appointed for holding the inquiry the Commission may proceed with the inquiry whether the parties upon whom a notice of inquiry has been served or any of them are present or not. (~) The Commission shall h~1d the inquiry in open session unless it is of the opinion that in the interests of justice or in the public interest any part of the evidence, or an~' argument relating thereto, should be heard in camera. (6) The Commission shall determine its own procedure at the inquiry. (~) The findings of the Commission shall (unless the Council of Ministers for reasons of state otherwise direct) be pronounced in open session. These findings may recommend disciplinary measures against any niember of the air crew or ground crew or aerodrome staff concerned. Such recommenda- tion may include the withholding of a Sudanese certificate of competency or certificate of validation cf a valid foreign certi- ficate of competency for a period not exceeding one year. PAGENO="0896" 2298 AIR LAWS AXD TREATIES OF THE WORLD (8) The Commission may as a result of the inquiry or during the inquiry make proposals to the Council of Ministers for the purpose of preventing future accidents involving civil aircraft. (y) The Commission and the Officer shall respectively have power during the inquiry and investigation to recommend suspension of a Sudanese certificate of competency or certificate of validation of a valid foreign certificate of competency during period not exceeding the period of the investigation and inquiry if it appears to the Commission or the Officer that the holder of the certificate is incompetent to fly an aircraft. (ro) Every person summoned by the Commission or by the officer as a witness shall be allowed such expenses as the Minister after consultation with the i~Iinister of Finance may from time to time determine. (II) The Commission may reopen a public inquiry :--- (a) if new and important evidence which could not be produced at the inquiry has been discovered, or (b) if for any other reason there is in it's opinion ground for suspecting that a miscarriage of justice has occured. 51. (~) If an accident has occurred within Sudanese tern- .~ccident tory involving a foreign civil aircraft, an accredited representative lolving - . . . . . }oregn of the State in which the aircraft is registered, or of any State c~ii which has, on request, `furnished information in connection with Aircraft. the accident, may with the consent of the Minister participate in the preliminary investigation; and may with the like consent and that of the Commission, participate in the inquiry; and such person nmav be accompanied by such technical and other advisers as may be considered necessary by the authorities of the State by which he is appointed. (2) Notwithstanding the provisions of the two preceding ~cctions the Minister may, in exceptional cases, delegate the whole or any part of the inquiry to the accredited representative of the State in which the aircraft is registered. (~) The Minister may forward a copy of the findings of the Commission, and of any proposals made by it, to such last mentioned State, and relevant extracts from those findings and proposals to any State which has, on request, furnished information to the (`om1nis~ion. PAGENO="0897" AIH LAWS AND THEATTF:s OF THE WORLD 52. If an accident involving a Sudanese civil aircraft has Accid~tA occurred within the territory of a foreign State and an investiga- ~ tion is being undertaken by that State, the Minister may, Airc~ft on request, furnish that State with any relevant information Abroad. available to him, including infcwmation concerning air safety facilities and services which may have been used by the aircraft prior to the accident, on condition that the State conducting the investigation, if requested, permits an accredited representa- tive appointed by the Minister, accompanied by such technical and other advisers as the Minister may consider necessary, to participate in the investigation. 53. Where the Investigation of Accidents Ordinance applies ~ to an accident involving a civil aircraft within Sudnaese territory, scope of the the person mentioned in Section 3 of that Ordinance and the Inveetigs. Court mentioned in Section 4 of that Ordinance shall co-operate ~ with the officer and the Commis~.on and shall not interfere with Ordinan~. the preliminary investigation undertaken by the officer or the inquiry undertaken by the Commission. 54. (i) The Minister of Defence may make provision with regard to the investigation into accidents in which a Sudanese Military military aircraft is involved or in which a foreign military air- Aircrv~ft.. craft within Sudanese territory is involved; and (2) in the case of accidents involving both civil and military aircraft, the Commission shall provide for participation in the investigation by appropriate military authorities; (3) in the case of accidents involving solely military aircraft and in which a function of the Ministry of Communica- tions is or may be involved, military authorities shall provide for participation in the investigation by the Minister; (~) with respect to other accidents involving solely military aircraft, the military authorities shall provide the Minister and the Commission with any information with respect thereto which, in the judgement of the military authorities, would contribute to the promotion of air safety. 55. (i) Without prejudice to the provisions of a Convention Iaauranos or an agreement to which the Republic of the Sudan is a party, ~ b~ the Minister may direct :- Aircraft.. (a) that no civil aircraft be flown within Sudanese territory unless the operator of that aircraft is duly insured up to an amount prescribed by the Minister in respect of his liability to any person who suffers damage caused by that aircraft or by any person or thing falling therefrom within Sudanese territory. 39-737 O-65---'vol. 11-57 PAGENO="0898" 2300 AlE LA\V-' ANI) TR1:ATIE~ OF THE WORLD (h) that no operator carry passengers, animals, mail or cargo within, to or from Sudanese territory for remuneration unless the operator is duly insured up to an amount prescribed by the Minister in respect of his liability under Sudan law for :- (i~ the death or injury of a passenger or animal caused by an accident to `or on board the aircraft or in the course of embarking or dis- embarking 1ii~ the destruction, or loss of. or damage to, .iuv mail or cargo or passenger luggage, if the occurrence \vhlch caused the same took place during the carriage by air. Carriage by air" within the meaning of the preceding sub-paragraph comprises the period during which the mail or cargo or passeng~'s' luggage are in charge of the operator, whether on board an aircraft, or in an aerodrome, or in case of a landing outside an aero- drome, on such landing-ground, but does not extend to any carriage by land, sea or river performed outside such aerodrome or landing-ground. (iii) damage occasioned by delay in the carriage by air of passengers, animals, mail or cargo or passengers' luggage. (2) For the purposes of this Section. "duly insured" means insured by an insurer who is authori~'d to effect such insurance under the laws of the State where the aircraft is registered or of the State where the insurer has his residence or principal place of business, and whose financial responsibility has been verified by the State concerned. Provi~ that in lien of such insurance the operator may provide a guarantee in respect of such liability :- a in the form of a deposit of money made with a state institution or with a Bank authorised for that purpose in the State in which the aircraft is registered, or (h~ in the form of a guarantee given by a Bank authorised for that purpose in the State in which the aircraft is registeTed. (~) Where the .\hiui~ter is given a dir~tion under para- graph ~a) or (b) of Sub-section (i) of this Section, evidence of such insurance or guarantee shall be carried on the aircraft in the form of an official certificate or document. PAGENO="0899" MO LA\VS AN I) TO EATI OS OF TH F; WOOLD 2301 (~) The Minister of Foreign Affairs may lay down as a condition of the permit mentioned in Section 14 (i) (a) that the Foreign Ministry of Defence concerned accepts liability to any person who suffers damage caused by the Foreign military air- craft or by any person or thing falling therefrom on Sudanese territory. (`HAPTER VI MISCELLANEOUS 56. Without prejudice to the provisions of a Convention Exornption or an agreement to which the Republic of the Sudan is a party, ~ fuel, lubricating oils, other consumable technical supplies, spare Duties. parts, regular equipment and aircraft stores shall be exempt from customs duties, excise taxes, inspection fees and other similar duties, taxes or charges':- (a) if they are retained in aircraft arriving in Sudanese territory, while engaged upon international flights; (b) if they are separately imported into Sudanese territory solely for use by aircraft engaged upon international flights, and such aircraft depart from a Customs Aerodrome direct to any place situated outside the Customs boundary. Provided that: (i) articles separately imported into Sudanese territory shall be kept under the control and supervision of the customs authorities until taken on board such aircraft or re-exported. (ii) in the case of foreign aircraft, such exemption shall only be given if an~l so far as reciprocal treatment is accorded to sudanese aircraft and the operator of the foreign aircraft concerned gives satisfactory assurances against misuse. 57. The Minister or the Minister of Defence, as the case Exemption may be may, in agreement with any other Minister concerned, from Flight designate special experimental areas in which civil or military aircraft shall be exempted from compliance with such of the provisions of this Act concerning the flight of such aircraft as the Minister or Minister of Defence may specify. Provided that only members of the crew and persons specifically authorised by the Minister or Minister of Defence shall fly in an aircraft so exempted. PAGENO="0900" 2302 AIR LAWN. AND TREATIES OF THE WORLD 58. The Minister, in the case of civil aviation, and the Generni Minister of Defence, in the case of military aviation, may in a particular case or particular cases for good and sufficient reason exempt any person, or any aircraft, or any aerodrome from any of the provisions of this Act. Provided that, (a) no such exemption shall be granted which might directly or indirectly affect the safety of air traffic (b) in the case of foreign State aircraft, the agreement of the Minister of Foreign Affairs shall first be rb t a in ed. 5* t,i~ In any case where ~he interests of civil aviation ~ and military aviation conflict, the Minister and the Minister of 1i~ngr' Defence shall consult together. nwnti; betwoen (2) In any case where this Act requires agreement ~tim~t~. between Ministers and no agreement can be reached, the Council of Ministers shall decide the issue. 6o. Whenever a proclamation of emergency under the Powei of Defence of the Sudan Ordinance has been issued, the Council ~`I~° During of Ministers may by order suspend the operation of any of the J~mergoi~*~ provisions of this Act during the emergency or for such shorter period as it may think fit. 6i. (i) During such emergency and without prejudice to its powers under the said Ordinance, the Council of Ministers may tionilig at the request of the Minister or the Minister of Defence or any other Minister concerned, (a) by order requisition any Sudanese civil aircraft, foreign civil aircraft permanently based on Sudanese aerodromes, or aerodromes, or the temporary use thereof; (b) give instructions to the operator of an aircraft or aerodrome so requisitioned and all other persons concerned with regard to the use thereof; (c) direct that any works be carried out on an aerodrome; (d) require the compulsory services of Sudanese or persons domiciled and resident in the Sudan who are qualified as air-crew or ground crew or aerodrome staff or in other work directly con- nected with civil aviation. PAGENO="0901" AIR LAW'S AND TREATIES OF' THE WORLD 2303 (2) Compensation in respect of any order, instruction or direction given under this Section shall be assessed and paid in accordance with the provisions of. the said Ordinance and relevant regulations made thereunder. 62. (i) The pilot-in-command may jettison cargo if neces- sary for the safety of the flight. Provided that, so far as may e 1~O be consistent with safety, cargo shall not be jettisoned over populated areas. (2) Save as aforesaid, no object or material shall be thrown from an aircraft during flight except (a) fine sand (b) water; (c) sprays or dusts for pest control ; or other materials for furthering or .protectin agri- culture, horticulture or forestry, at pglaces designated for that purpose and in conformity with directions given by any Minister or Ministers concerned in agreement with the Minister~ (d) any other object from time to time specified by the Minister, and in conformity with his directions 63. No refuse from an aircraft shall be dumped or deposited Dumping at any place other than the place on an aerodrome allotted for of Refus*~. that purpose by the Minister, or the Minister of Defence as the case may be. 64. The Minister may after consultation with the Minister ~ of Defence by order prohibit the taking of photographs from Phot~grsph~ aircraft flying within Sudanese territory or any specified part ¶~?`~raft thereof. 65. No person shall without the permission of the Minister institute or conduct a training school for the flying of civil air- craft or give instruction in the flying of civil aircraft. The Minister, in giving permission, may impose conditions regarding the age of the pupils, the ability and qualifications of the instructors, the types of aircraft used for training, and the control of the training school. 66. No person shall without permission of the Minister, Adverti~in~ and subject to such conditions as the Minister, after consultation nOd ~ with any other Minister concerned may impose. PAGENO="0902" 2304 AIR LA\V~ AND TREATIES OF THE WORLD (a) use an aircraft for advertising purposes within Sudanese territory; (b) hold or take part in a public display with civil aircraft within Sudanese territory. 67. (i) The Minister may, after consultation with any ~Oa%~~I to other Minister concerned, make regulations for the purpose of Bo~Jatioii. carrying out the provisions of this Act, and in particular and without prejudice to the generality of such power, may by such rt'gulations provide for (a~ the registration, transfer and cancellation of registration of civil aircraft (b the form of nationality and registration marks (C) time i~ue, renewal, suspension and revocation of certificates of airworthiness (d) the issue, renewal, suspension and revocation of certificates of competency of crews, and of licences of aircraft maintenance engineers; (e) the composition of crews of Sudanese civil aircraft (f) the rates and tariffs to be charged for and conditions to be observed in the carriage of passengers, animals, mail, cargo or passengers' luggage; (g) the detention of civil aircraft, detention of which is authorised under this Act by the Minister (h) the construction, use and maintenance of aero- dromes; (i) the overhaul, repair, replacement of parts, or modification of Sudanese civil aircraft, including their engines, components, accessories, instru- ments, equipment and apparatus; (j) the training and qualifications of air and ground crews and aerodrome staff (k) the use (other than for military purposes) of rockets, parachutes, balloons, mode] aircraft and kites. (z) The Minister of Defence may likewise, after con- sultation with any other Minister concerned, make such regula- tions in re~pect of military aviation, and in particular and without PAGENO="0903" AIR LAWS AND TRF;ATI i:s OF THE WORLD 2305 prejudi~ to the generality of such power, may by such regulations provide for :- (a) the issue, renewal, suspension and revocation of certificates of airworthiness of military aircraft; (b) the issue, renewal, suspension and revocation of certificates of competency of military crews; (c) the detention of foreign State aircraft detention of which is authorised under this Act by the Minister of Foreign Affairs; (d~ the investigation of accidents involving Sudanese military aircraft anywhere, or foreign State aircraft within Sudanese territory. 68. (I) Any authorised person may, with a view to ensuring ~7i~f comphance with, or detecting, preventing, or remedying breaches rnent of the provisions of this Act, (a) board any civil aircraft (b) enter any civil aerodrome (c) require production of any documents ~vhicli ought to be carried by any civil aircraft or any member of the crew thereof (d) seize any article the carriage of which i~ reasonably believed to be prohibited. (2) Any person duly authorised in that behalf by the Minister may prevent, if necessary by force, the take-off of any aircraft if such take-off is likely :- - (a) to endanger the safety of its flight, or (b) to endanger other persons or property, or (c) to re-~ult in the breach of a provision of this Act. Provided that in the case of Sudanese military, or foreign State aircraft, no such action shall be taken except upon the express authority of the Minister of Defence or the Minister of Foreign Affairs as the case may be. 69. Every civil aircraft within Sudanese territory, and Juii~iction. every person on board the same, whether such aircraft is in flight or on the ground, shall be subject to the laws of the Sudan, and to the jurisdiction of the Sudan Courts. PAGENO="0904" 2306 AIR LAWS AND TREATIE~A OF THE WORLD 70. (i) Non-compliance with or breach of any of the provi- Offe~cei and sions of this Act or any regulations or orders made hereunder ~`~* shall be an offence. (2) The penalties which may be inflicted for such offences are set out in the Second Schedule. (~) A Court before which any member of the crew of a Sudanese aircraft is convicted of any offence in connection with the flying of an aircraft may, in addition to any other penalty, direct that he be prohibited from flying an aircraft for a period not exceeding one year for a first offence and three years for a subsequent offence, and his certificate of competency shall be t'ndorstd aceurdingl~. (.~) Any person flying an aircraft in breach of a prohibition under the preceding sub-section shall be liable to imprisonment for a term which may extend to 3 years, or fine, or both. 71. On the coming into force of this Act, the provisions ~tpj~IicdtioIL of the Annexes (as from time to time amended)- of the Chicago ~~`°"~ Convention shall apply to the territory of the Sudan and to ~ Sudanese civil aircraft within or outside Sudanese territory, and to foreign *civil aircraft within Sudanese territory (in so far as such provisions are not expressly included in this Act) as if the same were herein expressly included. Provided that in every case where the Republic of the Sudan has notified a difference under Article 38 of the said Convention, the provision or provisions to which that difference relates shall not apply, or shall apply as modified by that difference, as the case may be. PAGENO="0905" AIR LAWS AND TREATIES OF THE WORLD 2307 THE FIRST SCHEDULE PART I LEGISLATION R~EALED i. The Air Navigation Ordinance. 2. The Air Advisory Board Order. 3. The Air Navigation (Khartoum Royal Air Force Aerodrome) Regulations. 4. Th~ Air Navigation Regulations. 5. The Air Navigatioti (Licensing and Maintenance) Regulatioii~. 6. The Air Navigation (No. 2) Order. 7. The Air Navigation (Safety) Regulations. 8. Application of Instrument and Visual Flight Rules. PART II SUBSIDIARY LEGISLATION SAVED FRON R~EAL i. The Air Navigation (Registration of Aircraft) Regulations. 2. The Air Navigation (No. i) Order. j. The Air Navigation (Aircraft Landing Fees) Regulations. 4. The Air Handling Act. PAGENO="0906" 2308 AIR LA\VS AND TREATIES OF THE WORLD THE SECOND SCHEDULE PFNALTIES i. Offences under Sections 6 to 9 inclusive 13 to iq 30. Imprisonment up to I year or fine, or both. 2. (~)ffences under Sections JO to 12 inclusive 20 to 23 to 3~ t040 53 55 Imprisonment up to 6 month-. or fine, or both. ~. Offences under Sections 36, 47 to 48 inclusive 6o to 64 Imprisonment up to 3 months or fine, or both. 4. Offences under any Section of the Act not specifically mentioned, or any breaches of regulation, order or direction made under Imprisonment to one month or fine or both. the Act. PAGENO="0907" AlE LA\V'~ ANI) TTo:ATII:s OF THE WORLD 2309 THE REGISTRATION OF CIVIL AIRCRAFT REGULATIONS, 1961 (1961 L.R.O. No. 36) lii exercise of the powers conferred oil him by Section 67 of the Air Act, 1960, The Minister of Communications hereby makes the following regulations :- i. These regulations may be cited a~ the Registration of Title Civil Aircraft Regulations, 1961. 2. The Air Navigation (Registration of Aircraft) Regulations Repeal are hereby repealed, provided that all aircraft registered at the date of this repeal in the register established thereby shall be deemed to be validly registered in the register established under Section 6 of the Air Act, 1960 and these present regulations. 3. In these Regulations, unless the context otherwise Deijintious. requires :-- The Act `` Inealis the Air Act i~6o, Company `` includes corporation. Prescribed `` means prescribed hv these re- g ulat ions. Registered Owner `` means the person in whose name an aircraft is registered, and shall be deemed to include a charterer, anti a hirer under hire purchase agreement; and wnership has a similar mean- ing. Sudanese National `` includes a partnership or other unincorporated association the majority interest in which held by a Sudanese national or nationals. Sudanese Company " means a company -- (i) which is registered in the Sudan under the (~ompa- nies Ordinance, and (ii) whose principal place of business i9 in the Sudan, a nd * Legislative Supplement to the Republic of the Sudan Gazette, No. 961, 15 Aug. 1961, Suppi. No. 1 : i,enerul Legislation. PAGENO="0908" 2310 AIR LAWS AND TREATIES OF THE WORLD (iii) at least 50 per cent of whose share capital is held by Sudanese nationals in beneficial ownership, and (iv) the Chairman of whose Board of Directors and \vllose Managing Director, if any, are Sudanese na- I iofl:l1', Other words and phrases have the same meaning as in time Act. PAGENO="0909" AIR LAWS AND TREATIES OF THE WORLD 2311 QUALIFICATIONS FOR REGISTRATION OF CIVIL AIRCRAFT IN THE SUDAN 4. (i) The following aircraft shall be entitled to regist- ration under Section 6 of the Act as Sudanese civil aircraft: (a) Civil aircraft owned by the Sudan Government. (b) Aircraft owned by one or more Sudanese na- tionals. (c) Aircraft owned by a Sudanese company. (2) The Minister may in the exercise of his discretion register any of the following aircraft as Sudanese civil aircraft (a) Civil aircraft hired on hire purchase terms or chartered by any of the persons mentioned in the preceding subsection. Provided that such registration shall be cancelled, in the case of hire purchase if the hiring is terminated before completion of the purchase, and in the case of charter upon expiry of the charter period. (b) Civil aircraft which, or a majority interest in which, is owned by an alien or a non-Sudanese company, if such alien or company permanently resides in or has a place of business in the Sudan, as the case may be, Provided that an aircraft so registered shall not be used other- wise than for private purposes unless the Minister expressly authorises such other use. 5. Application for registration of a civil aircraft hereunder Application shall be made on the form prescribed in the Part I of the Schedule for Regist- hereto, and shall be accompanied by evidence of the title of ration. the applicant to the aircraft, whether as owner, hire-purchaser, or charterer. 6. The Minister, if satisfied that an aircraft is entitled to registration under regulation 4 (i), or upon deciding to register Registration an aircraft in the exercise of his discretion under regulation 4 (2), shall cause particulars of such aircraft (whether or not it is then in the Sudan) and of its owner to be entered upon the register, and a certificate of registration shall thereupon be issued to the applicant in the form prescribed in Part II of the Schedule. 7. The nationality and registration marks of a registered Nationality aircraft shall be those prescribed in Part III of the Schedule ~K~* ~ and the aircraft shall not bear any other marks of a like nature. ~ lOll PAGENO="0910" 2312 AIR LA\V~ AND TREATIES OF THE WORLD 8. In the event of any change in the ownership of a Change of registered aircraft, the change in ownership shall be notified Ownership. forthwith to the Minister by the registered owner and the new owner and thereupon (a) If notwithstanding the change of ownership the aircraft continues in the opinion of the Minister to l)e entitled to registration under regulation 4 (i), the Minister shall cause the registration and the certificate of registration to he amen(led accordingly. (h) Iii any other case, the Minister shall cancel the registration (but without prejudice to an application by the new owner if eligible for re-registration of the aircraft) and the registered owner shall return the certificate of registration for cancellation. In the event of aiiy other change in the registered parti- ~ cular~. of an aircraft, the change shall be notified forthwith to Changes in the Minister by the registered owner, and the Minister shall Registered particuIar.~ thereupon cause the register and the certificate of registration ~ to he amended accordingly. 10. In the event of a registered aircraft being destroyed (`aiicellation or permanently withdrawn from use, the destruction or with- of Regist. iLLt1OIL OIL drawal shall be notified forthwith to the Minister by the re- DC,4tructiOlI gistered owner, and the Minister shall thereupon cause the orWithd.rawi registration to be cancelled, and the registered OWflOF shall return the certificate of registration for cancellation. IICI~1 II. The register shall at all reasonable times be open for Bight of Public to inspection by members of the public. Inspect Register. 12. A fee of LS. 5 - shall be payable for the registration Fees. of each aircraft. 13. If any person :- (a) uses or permits to be used a certificate of regist- Offences and ration in respect of an aircraft other than the Penalties. aircraft in respect of which it was issued, or (h) refuses or neglects to deliver up to the Minister, on being required so to do by notice in writing, a certificate of registration for amendment or cancellatinn hereunder, or (c) commits a breach of any other of these regulations, he shall he guilt~~ of an offence, and liable to the penalties provided in such case by the Act, PAGENO="0911" AII~ LA\V~ AND Tln;ATlF:~ OF THE \VOELD 2313 PART I (REGULATION 5) Not to he filled in by Applicant Registration No. Fee Received Regn. Mark THE REPUBLIC OF THE SUDAN MINISTRY OF COMMUNICATIONS-DEPARTMENT OF CIVIL AVIATION REGISTRATION OF CIVIL AIRCRAFT REGULATIONS, 1961 APPLICATION FOR REGISTRATION OF AIRCRAFT (i) The attention of all persons completing and signing Application this form is drawn to the importance of ensuring that the entries for Regist- are correct. The making of a false statement for the purpose ~tiOfl~f of procuring the issue of a certificate of registration is an offence. (2) This form when completed, should be forwarded to the Director of Civil Aviation, Department of Civil Aviation, Ministry of Communications, P. 0. Box 430, Khartoum, and must be accompanied by a fee of LS. 5.000 m/ms. This fee may be,paid by cheque or postal order, which should be made payable to the Director of Civil Aviation, Department of Civil Aviation, Ministry of Communications. i. Description of Aircraft (Name, Type, Series and Classification) 2. Name and Address of Constructor 3. Constructor's Serial Number 4. Registration Mark if previously registered in the Republic of the Sudan. PAGENO="0912" 2314 AIR LAWS A~D TREATIES OF THE WORLD 5. Registration ~fark and Nationa- litv if previously registered in any place outside The Re- public of the sudan. 6. Name and permanent ~i(i(lress of person in whose name air- craft is to he registered, (see Note i). 7. Is the person named in 6 above (a) the owner of the aircraft or (h) a charterer or (c) a hirer under a hire-purchase agree- ment? ~. If the person named in 6 above is a charterer or a hirer under a hire purchase agreement, state the name and permanent add- ress of the owner of the aircraft and the I)eriodl of the charter or the hiring. 9. In what capacity does the appli- cant claim registration of the aircraft ? (See Note 2) io. Is an alien or non-Sudanese company entitled as owner to any interest or share (otherwise than as a member of a flying club) in the aircraft ? If so, give particulars. ii. If the aircraft is to be registered in the name of a company, state:- (a) whether the aircraft is ow- (a) ned wholly by that company; (b) where is its principal place (b) of business ; and . (c) what is the address of its re- (c) gistered office ? 12. If the applicant is an alien or non-Sudanese company residing or having place of business in PAGENO="0913" AIR LAWS AND TREATIES OF THE WORLD 2315 in The Republic of the Sudan, I state the nationality of the ap- plicant, and the address of his residence or place of business in The Republic of the Sudan. I hereby declare that the foregoing particulars and answers are true in every respect, and I apply for the aircraft to be registered in The Republic of the Sudan. Date Signature (Sec Noic 3) 39-737 O-65--,vol. II-58 PAGENO="0914" 2316 AIR LAWS AYD TREATIES OF THE WORLD NOTES i. If the aircraft is owned by more than one person the names and addresses of all persons sharing the ownership should be given. In the case of an un-incorporated flying club the names and addresses of the Committee of Management or~ other persons holding the assets should he given. I~i the case of a charter or hiring on hire-purchase the name and address of the charterer or hirer should be given. 2. For ler~o11s entitled or eligible to have aircraft re- gistered in their name, see Regulation 4 of the Regist- ration of Civil Aircraft Regulations, 161. ~ owner should sign persoimally where more thami one person is shown as owner (see Note i) each person should sign. In the case of a company the, Secretary, Managing Director or other official duly authorised to sign should sign, stating the position lie holds. PAGENO="0915" AIR LAWS AND TRF:ATIFS OF THE WORLD 2317 PART II (REGULATION 6) THE REPUBLIC OF THE SUDAN MINISTRY OF COMMUNICATIONS -- DEPARTMENT OF CIVIL AVIATION CERTIFICATE OF REGISTRATION OF AIRCRAFT i. Nationality and 2. Manufacturer and 3. Aircraft Registration Mark Manufacturer's' Serial Number Designation of Aircraft 4. Name and address of Owner, Charterer, or hirer, in whose name aircraft is registered. 5. It is hereby certified that the above described aircraft has been duly entered on the register in accordance with the Convention on International Civil Aviation dated 7th December, 1944 and with the Air Act, 1960 and the Registration of Civil Aircraft Regulations, 1961. by authority of the Minister of Communications Date of Issue PAGENO="0916" 2318 AlE LAWS AND TREATIES OF THE WORLD IMPORTANT Please Read Carefully Sections I to IV below should be completed in the circuin- stances to which they are appropriate and this certificate then returned immediately to the Director of Civil Aviation, 1)epart- inent of Civil Aviation, Ministry of Communications, P. 0. Box No. 430, Khartoum. In a case to which Section II is appropriate the registration and certificate become void from the date of the change and the aircraft may not again be flown unless and until a new certificate of registration has been obtained. Any application for re-registration of the aircraft in The Republic of the Sudan shall be made on C.A. Form i (6i), copies of which may be obtained from the address quoted above. This certificate must not on any change of ownership be handed over to the new owner. Section 1. - Notice o~ Change o~ Ownership (This Section must be used to give notice of any change in ownership. See Registration of Civil Aircraft Regulations, 1961, Regulation 8). I hereby give notice that, with effect from the day of.. the ownership of the aircraft described overleaf was transferred to (1' 111 iii name and address of the new owner) Date . . (Signature of the former owner) PAGENO="0917" AIR LAWS AND TREATIES OF THE WORLD 2319 Section U-Notice that Aircraft has ceased to be owned by Sudan- ese Nationals or a Sudanese Company. I hereby give notice that, with effect from the day of 19 the aircraft described overleaf ceased to be owned wholly by Sudanese Nationals or a Sudanese ~_o1flpaUY, by reason of 1)atc (Signature of forn?er owner(s) Section rn-Notice that Aircraft has been Destroyed or Per- manently withdrawn from use. (Sec Registration of Civil Aircraft Regulations, 1961, Regulation io). I hereby give notice that the registration of the aircraft described overleaf should be cancelled by reason of :- (a) the aircraft having been destroyed (b) the aircraft having been permanently withdrawn from use. NO TE -Delete whichever is applicable. 1)atc (Sigauture oJ owner(s)* Section IV-Notice of any other change affecting the Registration of the Aircraft. (e.g., Transfer to the Register of some other State alien or noii-Sudanesc Company in whose name an aircraft is registered under the Registration of Civil .\ircraft Regulatiuiis, i;bi ceasing to reside or have a place of business in The Republic of the Sudan or, if the aircraft is registered in the name of a charterer or hire-purchaser, termination of the charter or hire- purchase agreement). PAGENO="0918" 2320 AlE LAWS AND TREATIES OF THE WORLD I hereby give notice that the registration of the aircraft described overleaf is affected by (Si~gna~ture of owner(s)* * The signature required is that of the person(s) in whose name(s) the airf craft is registered. If that person is a company the signature shall be that o- the Managing Director, Secretary or other official duly authorised to sign undet seal üf the Company. PAGENO="0919" AIR LAWS AND TRI:ATIE~ OF THE WORLD 2321 PART m (REGULATION 7) NATIONALITY AND REGISTRATION MARKS OF AIRCRAFT REGISTERED IN THE REPUBLIC OF THE SUDAN i. The nationality mark of the aircraft shall be the capital letters " ST-" in Roman character, and the registration mark shall be a group of three capital letters in Roman character assigned by the Director of Civil Aviation on the registration of the aircraft. 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 shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner :- 1. Position of Marks (a) Wings: Except on aircraft having no fixed wing surface, the marks shall appear once on the upper surface of the wing structure and once on the lower surface of the wing structure. The~' shall be on the right half of the upper surface and on the left half of the lower surface of the wing structure unless they extend across the whole of both the upper and lower surfaces of the wing structure. So far as possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing. (b) Fuselage (or equivalent structure) or Vertical Tail .Surface : The marks shall also be either on each side of the fuselage (or equivalent structure) between the wings and the tail surfaces or on the upper halves of the vertical tail surfaces. \Vhen on a single vertical tail surface they shall be on both sides of the tail. \Vhen there is more than one verticial tail surface, the marks shall appear on the outboard sides of the outer tails. II. Size of Marks (a) Wings : The letters constituting each group of marks shall be of equal height. The height of the letters shall be at least 20 inches. (h) Fuselage (or equivalent structure) or I Vertical l'ail Surfaces : The marks on the fuselage (or equivalent PAGENO="0920" 2322 AIR LAWS AND TREATIES OF THE WORLD structure) shall not interfere with the visible outlines of the fuselage (or equivalent structure). The marks on the vertical tail surfaces shall be such as to leave a margin of at least two inches along each side of the vertical tail surface. The letters constituting each group of marks shall be of equal height. The height of the marks shall be at least 6 inches. lU. Width and Spacing of Marks (a) The width of each letter (except the letter 1) and the length of the hyphen between the nationality mark and the registration mark shall be two-thirds of the height of the letter. (h) The letters and hyphen shall be formed b solid lines and shall be of a colour clearly contrasting with the background on which they appear. The thickness of the lines shall be one-sixth of the height of the letter. (c) Each letter shall be seperated from the letter which it immediately precedes or follows by a space equal to half the width of a letter. A hyphen shall be regarded as a letter for this purpose. 3. The nationality and registration marks shall be kept clean and visible. 4. The nationality and registration marks together with the name and address of the registered owner of the aircraft, shall also be engraved, in Arabic and English, on a fire-proof metal plate affixed in a prominent position to the fuselage near the main entrance to the aircraft. Date Minister of Communications PAGENO="0921" AIR LAWS AND TREATIES OF THE WORLD 2323 THE REGISTRATION OF CIVIL AIRCRAFT (AMENDMENT) REGULATIONS, 1962 * Iii exercise of the powers conferred oil hini by ~ectioii 67 `ii the Air Act, i~6o, the Minister of Communications hereby makes the following Regulations :- i. These Regulations may be cited as the Registration of Title. Civil Aircraft (Amendment) Regulations, 1962, and shall come into force on the date of signature. ~. The Registration of Civil Aircraft Regulations, 1962 are hereby amended by inserting, in Regulation 4 (2) the following Amend - paragraph after paragraph (b) :- ment. (c (ivii aircraft of the L nited ~atioii~ ~pecial lund `iigagcd iii a project covered by an agreemeni with tile Gov~rnnien1. Provided that an aircraft ~u registered shall iivt be used otherwise than foi I hat project, unless the ~\Iinister expressly autho- ire~ such other use.' * Legislative Supplement to the Republic of the Sudan Gazette, No. 974, 15 Aug. 1962, Suppi. No. 1 General Legislation. PAGENO="0922" 2324 AIR LAWS AND TREATIES OF THE WORLD [15.8.1947] THE AIR ~\AVIGATION (REGISTRATION OF AIRCRAFT) REGILATIONS. In exercise of theY powers conferred on him by section 5 ~) of tile Air Navigation Ordinance, the Civil Secre- tarv with the consent of the Governor-General in Council hereby makes the following re~ulations. Title and 1. these regulations may be cited as the Air Naviga- commencement. tion (Registration of Aircraft) Regulations and shall Establishment come into force on publication in the Gazette. of a register. 2. The. Minister of Communications shall establish a Register of Sudan Aircraft and shall issue certificates of registration in respect of aircraft registered therein. Ap~lieation for 3. Application for the registration of aircraft shall be registration. made to the Minister of Communications on the form au- thorized by him. Conditions of 4* Registration shall not be granted unless the aircraft registration. is owned by the Government, or by Sudanese, or by a company or corporation incorporated and registered and having its principal place of business in the Sudan Pro- vided that the Minister of Communications may refuse to register or may cancel the registration of a~i aircraft owned by a company or corporation, the effective control of which is or becomes vested in persons other than Sudanese. Foreign 5. No aircraft shall be registered which is already registered air- craft not to validly registered in some other country. be registered. Lnregistered 6. No aircraft shall fly in or over the Sudan unless it aircraft not to is duly registered in the register of the Sudan or of some fly In or over the Sudan. other country. Ownership of 7. The Register of Sudan Aircraft shall be kept so as aircraft to be to show- the owner for the time being of each aircraft shown on register. registered therein. Change of 8. In the event of any change in the ownership of a ownership to registered aircraft, the change in ownership shall be be notified to Minister of the notified to the Minister of Communications by or on be- Interior, half of the registered owner and the Minist~r of Com- munications shall alter or (if the new owner is some per- son other than a person entitled to registration under regulation 4) cancel the registration and the certificate of registration accordingly. Cancellation 9. In the event of a registered aircraft being destroyed of registration on destruction or permanently withdraw-n from use, the fact shall be of aircraft. notified to the Minister of Communications by or on be- half of the registered owner, and the Minister of Com- munications shall cancel the registration and the certifi- cate of registration. PAGENO="0923" AIR LAWS AND TREATIEiS OF THE WORLD 2325 10. The Register shall at all reasonable times be open Right of public to have for inspection by the public, access to 11. Every Sudan registered aircraft shall bear the Register. Sudan identification mark which shall consist of the Identification marks of capital letters S.N. in Roman characters. Sudan Air- 12. `When an aircraft is registered, the Minister of craft. Communications shall assign a registration mark con- Registration marks of sisting of a group of three capital letters in Roman char- Sudan Air- acters which the aircraft shall bear immediately follow- craft. ing the identification mark (e.g. S.N.-AAA). 13. The identification and registration marks on air- craft shall be of such a colour in relation to the colour of Distinctive colours of the background on which they are painted as will render identification and registra- them clearly legible at a distance of not less than two tion marks. hundred and fifty yards in a clear atmosphere and shall be painted once on the lower surface of the main planes and once on the upper surface of the main planes, the top of the letters to be towards the leading edge. In ad- dition such marks shall also be painted along each side of the fuselage between the main planes and the tail planes. Title XVII 14. The height of the letters shall be-. Height of letters. (a) on the main planes equal to four-fifths of the chord; and (b) on the fuselage equal to four-fifths of the depth of the narrowest part of tha.t portion of the fuselage on which the marks are painted. Provided that. no marks need exceed eight feet in height. 15. The width of the letters in a mark shall be two- Width and thickness of thirds of their height, and the thickness shall be one-sixth letters of their height~. 16. Letters in a mark shall be painted in block type Painting of letters. and shall be uniform in shape and size. 17. A space equal to half the width of the letters shall Space be- tween letters. be left between each letter. 18. A hyphen of a length equal to the width of one of Painting of hyphen be- the letters shall be painted between the nationality mark tween nation- and the registration mark. ality and registration marks. 19. The identification and registration marks shall be Visibility of marks. displayed to the best possible advantage having regard t.o the constructional features of the aircraft. The marks shall be kept clean and visible. PAGENO="0924" 2326 AIR LAWS AND TREATIES OF THE WORLD 20. Every aircraft shall carry fixed in a prominent showing par- position to the fuselage a metal plate inscribed with ticularsof names and residence of the owner and the marks of identification and registration of the aircraft. Fees. 21. A fee of LE. 1.000 shall be payable for registration of each aircraft. [15.3. 1948] THE AIR NAVIGATION (No. 1) ORDER In exercise of the powers conferred by section 5 of the Air Navigation Ordinance, the Civil Secretary hereby makes the following order :- 1. This order may be cited as the Air Navigation ment. (No. 1) Order and shall come into force on publication in the Gazette. Cancellation. 2. Cancellation of previous legi~laticrn. 3. (1) Aircraft to which the ordinance applies shall upon entering or leaving the Sudan make first or last landings at Wadi Haifa, Khartoum, Juba, Port Sudan, Kassala, Gambeila or Geneina. Provided that aircraft from Ethiopia en route to the Sudan which land at Gambeila shall also land at Malakal to undergo sanitary measures. And further provided that all aircraft flying from the Sudan en route to Egypt shall land at Khartoum or Port Sudan to undergo sani- tary measures. (2) Aircraft flying over the Sudan shall follow the following routes :- (a) Aircraft flying through the Sudan on the ma.in north south route shall follow the route Wadi Haifa-Station 6-Station lO-Abu Hamad- Atbara-thence along the River Nile to Khartoum- Kosti-Renk-Ka.ka-Malakal-thence along the Bor Road to Ayod-Kongor-Bor-Mongalla- Juba-Nimule. (b) Aircraft flying between Khartoum and Geneina shall follow the route Khartoum-El Obeid-El Fasher-Geneina. (c) Aircraft flying between Khartoum and Port Sudan shall follow the route Khartoum-along the River Nile to Atbara thence along the railway to Port Sudan. (d) Aircraft. flying between Khartoum and Kas- sala shall follow the direct route. PAGENO="0925" AIR LAWS AND TREATIES OF TUE WORLD 2327 (e) Aircraft flying between Wadi Haifa and Port Sudan shall follow the route Wadi Haifa-Sta- tion 6-Station lO-Abu Hamad-Atbara----thence along t.he railway to Port Sudan. (f) Aircraft flying between Kassala and Port Sudan shall follow the railway. (g) Aircraft flying between Juba and Aba (Bel- gian Congo) shall follow the route Juba-Yei- Aba. (h) Aircraft flying between Gambeila and Ma- lakal shall follow the route Gambeila-Nasir- Abwong-Malakal. Provided that multi-engined aircraft fitted with a serviceable two-way wireless telegraphy set and carry- ing an operator capable of working the set and carrying a qualified navigator may follow the. direct route be- tween any two places in ~he Sudan. (3) Notwithstanding anything contained in this order the Minister of Communications may with regard to any particular flight or series of flights- (a) direct or permit deviation from the routes laid down; (b) absolve aircraft from landing at any aero- drome; (c) direct. that no landing shall be made at any aerodrome; (d) direct that landings shall be made at any aerodrome. THE An~ NAVIGATION (AIRCRAYr LANDING FEES) REGULATIONS [1.4.1948] In exercise of t.he powers conferred on him by section 5 of the Air Navigation Ordinance, the Civil Secretary with the consent of the Governor-General in Council hereby makes the following regulations 1. These regulations may be cited as the Air Naviga- ~ tion (Aircraft Landing Fees) Regulations and shall ment. come into force on 1st April, 1948. 2. Cancellation of previous legi~lati~n. Cancellation. 3. (1) All civil aircraft landing on Government main Scale of Fees. route aerodromes shall be charged fees in accordance with the following scale. Fees shall be assessed accord- ing to t.he maximum permissible weight authorised by the Certificate of Airworthiness. PAGENO="0926" 2328 MR LAWS AND TREATIES OF THE WORLD Weight not S~ng1e e~vceeding Landin~g Fees Lbs. LE. in/ms. 2, 000 500 4, 000 1. ~iyj 6.000 1.500 7, 000 1. 750 10, 000 2. 500 15, 000 3. 500 20, 000 4* 0(W) 25, 000 5* (Wy) 30, 000 6. 000 40, 000 8. (Wy) 50, 000 10. 000 60, 000 12.000 70, 000 1L 000 80, 000 16.000 Over 80.000 lbs. add for each additional 2,000 lbs. or part thereof 2. 000 (2) Civil aircraft alighting at Government in:irine alighting areas shall be charged 50 per cent, of the above landing fees. Test flights. 4. A landing fee will not be charged in respect. of a test flight before the departure of an aircraft if such flight is undertaken solely for the purpose of testing the aircraft, engines or instruments on the aircraft and pro- vided due notice is given of the intended test. ~~`i~ng 5. (1) Exemption from Landing fees will be accorded Fees. to the following classes of aircraft :- (a) Aircraft being used for Government cere- monial purposes. (b) Aircraft entitled to diplomatic privileges. (2) Notwithstanding anything contained in these reg- ulations the Minister of Communications may with the consent of the Minister of Finance in special circum- stances exempt an aircraft from the payment of the fees specified in regulation 3 hereof. THE AIR HANDLERS ORDINANCE. [15.6.1950] An Ordinance to control Air Handlers. BE IT HEREBY ENACTED in accordance with the provisions of the Executive Council and Legislative As- sembly Ordinance 1948 as follows :- Title. 1. This Ordinance may be cited as the Air Handlers Ordinance. Definitions and 2. In this ordinance unless the context otherwise explanations. require :- PAGENO="0927" AIR LAWS AND TREATIES OF THE WORLD 2329 "Aerodrorne" means any definite and limited area of ground or water or any building, used or in- tended to be used either wholly or in part for the landing or departure of aircraft, or in connection therewith. "Aircraft" includes all flying machines, aero- planes, seaplanes, flying boats and other aircraft de- signed to be heavier than air; also all airships and balloons or other aircraft designed to be lighter than air. "Air handling" includes the provision of all the services supplied to aircraft or the crew, passengers or cargo of aircraft except the services supplied in return for landing fees; and without prejudice to the generality of the foregoing includes in particular the services set out in the First Schedule hereto. "Handle" means provide air handling services. "Person" includes any company or association or body of persons corporate or unincorporate. "Recognised air line" means any air line certified by the Minister of Communications to be such. "Scheduled handler" means any person whose name appears in column I of the Second Schedule hereto. 3. Save as hereinafter provided, from and after the Air handling commencement of this ordinance no person except a ~ to scheduled handler shall engage in any form of air handlers. handling. 4. A scheduled handler shall not handle aircraft at any Scheduled aerodrome that does not appear opposite his name in col- ~ to umn 2 of the Second Schedule. certain aero- 5. (1) If a scheduled handler cease to handle aircraft Effects of or to handle any aircraft but his own at any aerodrome, ceasing to that aerodrome shall be deleted from opposite his name m column 2 of the Second Schedule. (2) If at any time no aerodrome appear in column 2 opposite the name of a.ny particular handler, the name of such handler shall be deleted from the Schedule. 6. For the purpose of this ordinance a person ceases to ~leaning of handle aircraft when for three consecutive months he has h~Iee~0 ceased to provide a substantial part of the services set out in the First Schedule: Provided that at least one month's written notice expiring with or within such period of three months has been given by the Minister of Communi- cations to the person to be a~ected thereby of the inten- tion to delete the name of the aerodrome. PAGENO="0928" 2330 MR LAWS AND TREATIES OF THE WORLD Exception in 7. Nothing in this ordinance shall affect the right of a recognised air recognised air line whether appearing in the Second lines handling Schedule or not to handle its own aircraft wholly or in aircraft. partY at any or all aerodromes. Power to 8. The Minister of Communications may from time to make orders. time by order publish in the Gazette :- (i) alter the First Schedule by addition, deletion or variation; (ii) delete any aerodrome from column 2 of the Second Schedue in accordance wit.h sections 5 (1) and 6; (iii) delete the name of any scheduled handler in accordance with sections 5 (2) and 6; (iv) make any addition or additions to columns 1 or 2 of the Second Schedule: provided that every order made under this sub-paragraph shall be laid upon the table of each House of Parliament. Penalties. 9. Any person who handles aircraft. except as provided by this ordinance shall be triable by a First Class Magistrate and be liable to a fine of LE. 50. FIRST SCHEDULE The following services are comprised in the term "air handling" :- i. Meeting aircraft and passengers and escorting passengers to Terminal Building, seeing them through Public Health, Customs and Immigration if necessary, and a1~o this process in reverse. ii. Arrangements for accommodation for passengers and crews, also transport of passengers, crews and baggage be- tween airport and hotel. iii. All catering arrangements. iv. Cleaning of aircraft, emptying toilet, etc. v. Provision of all equipment needed in aircraft such as blankets, paper bags, toilet fluid, water, food, etc. vi. Making out aircraft load sheet and stowage of the dis- posable load in the aircraft. vii. Making out aircraft's flight plan. viii. All other documentation required for the flight, in- cluding passenger lists, general manifests, etc. ix. Originating traffic signals to other Agencies and to the Operators' Office required. x. Payment of all accounts on behalf of Operator including landing fees. hotel bills, etc. xi. Arrangements if necessary for between-flight main- tenance. xii. Provision of all ground equipment required for the handling of the aircraft, such as steps, baggage trolleys, weighing machines, etc. xiii. Ensuring in conjunction with aerodrome authorities that all arrangements have been made for reception of the aircraft, i.e., that Immigration and Customs Officers have been warned, Refuelling Company has made arrangements for refuelling, etc. PAGENO="0929" AIR LAWS AND TREATIES OF THE WORLD 2331 SECOND SCHEDULE The persons whose names appear in Column 1 are entitled to handle aircraft at the aerodromes mentioned in Column 2 opposite them. Column 1 Column 2 (main aerodrome at) Air Handling and Booking Agency Juba Khartoum Malakal Port Sudan Wadi Haifa British Overseas Airways Corporation Khartoum Gellatly Hankey and Co. (Sudan) Ltd. Port Sudan Sudan Airways Dongola El Fasher El Obeid Gambeila Geneina Juba Kassala Khartoum Malakal Merowe Wadi Halfa Wau Stratis Trizis Geneina N.G. Teloniatis Gambeila 39-7~7 0-65-vol. II-59 PAGENO="0930" PAGENO="0931" SWEDEN ROYAL DECREE No. 557 ON MAKING EFFECTIVE THE LAW ON AVIATION OF J~TNE 6. 1957, No. 297 1 (Issued on November 24, 1961) Whereas according to the law of July 28, 1958 (No. 437) on amend- inent of the provisions on the effect of the Law on Aviation of June 6, 1951 (No. 297), the provisions of Chapter 10, Article 3. and Chapter 15, Article 1, paragraph 1, of the Law of Aviation were made effective from January 1, 1959, and whereas according to Decree of October 28. 1960 (No. 573), Chapter 7, and Chapter 13, Article. 7, paragraph 2, were made effective from December 1, 1960, the King in Cabinet, pursuant to the closing provisions of the Aviation Law, has found it reasonable to decree, that other parts of the Law on Aviation shall be effective from January 1, 1962. The King in Cabinet, prescribes, that Chapter 1, Article 4, Chapter 9, and Chapter 15, Article 1, shall apply in their original text, until the King in Cabinet makes another decision.2 LAW ON AVIATION OF JUNE 6, 1957, NO. 297.~ FIRST PART. CIVIL AVIATION CHAPTER I Introductory Pro vi~io~ Article 1. Within the Realm aviation may take place only with the restrictions and under the condit.ions specified in this law and the regulations enacted on the basis of this law or provided for otherwise by law or decree. Article ~. Aviation may not be undertaken by aircraft other than those whic.h have Swedish nationality, or the nationality of a foreign country, with which a treaty has been concluded granting the right of aviat.ion within the Swedish territory. If special circumstances exist, the King, or with the King's authori- zation the Aviation Board may permit aviation regardless of the pro- visions contained in paragraph 1 a.nd establish the condit.ions for such aviation. 1 Published in Svensk forfattningssamling (Official Gazette) of December 12, 1961. No. 557. For preliminary note see Denmark, 8upra. Chapter 1, Art. 4. Chapter 9, and Chapter 15, Art. 1. have been in effect since August 1, 1963. Ed. 2 According to the Resolution of the Kingdom of June 28. 1963. No. 399, Chapter 1. Art. 4. Chapter 9, and Chapter 15, Art. 1, of the Law on Aviation of June 6, 1957. No. 297. as amended by Law of April 8. 1980, No. 69, has been effective from August 1. 1963. (Svensk fdrfattn.ingssamling No. 399, 1963.) PtThlished in Sven~k fdrfattnin.gs8a~nling of June 20, 1957, No. 297. 2333 PAGENO="0932" 2334 AIR LAWS AND TREATIES OF THE WORLD Article 3. The King may restrict or prohibit aviation in certain areas for military reasons or for reasons of public order and safety. Under the King's authorization the Aviation Board may restrict or for a period of not more than two weeks prohibit, aviation in certain areas for reasons of public order and safety. Under extraordinary circumstances or if it is otherwise required for reasoiis of public safety, the King may temporarily restrict or pro- hibit aviation throughout the Realm. Article 4. (as amended by Law of April 8, 1960, No. 69).~ This law shall apply to aviation ~by Swedish aircraft outside the territory of the Realm, unless otherwise provided for in this law, and provided this law is compatible with foreign laws which apply pursuant to an agreement or otherwise. The provisions of Chapter 9 shall apply to aviation outside the territory of the Realm, even if the aircraft is not of Swedish nation- ality, to the extent that this ensues from a treaty with the foreign `~iintry or otherwise from general principles of law. CHAFFER 2 Registration of Aircraft. Nationality and Markings Article 1. A register for aircraft. shall be kept by the Aviation Board (Aircraft Register). Special enactments shall apply to recordation of rights in aircraft as well as certain international conditions concerning aircraft. Article 2. An aircraft may be registered in this country only if t.he owner is the Swedish State, a Swedish municipality or such other public authority, a Swedish national or Swedish estate of a. deceased person, or a Swedish company, association, other corporation, founda- tion or ot.her such institution. The King ma.y permit that an aircraft which normally has its place of departure in this country, may be entered in the register regardless of the conditions specified in paragraph 1. Article 3. An aircraft which is registered in a foreign coimtry may not be registered in this country unless the foreign registration is cancelled. Article 4. No aircraft may be registered unless it has a certificate of airworthiness granted or approved in this country. Article 5. An application for registration of an aircraft shall be made in writing and contain data, necessary for the registration, on the aircraft, the owner and the acquisition of the aircraft by him. To the application there shall be attached a statement wl~ich proves that t.he applicant is the owner and that the conditions ~pecified in Articles 2 to 4 have bee.n fulfilled, and a document with the informa- t.ion when, where and by whom the aircraft was constructed. 4rtele 6. The register shall contain the nationality and registration markings of the aircraft., data necessary for it.s identification, data concerning the right, of ownership, the acquisition of t.he aircraft by the owner and whether the aircraft is subject to a. mortgage, a notice concerning the airworthiness certificate, as well as notification of the 5uen.~k jOrjattfliflg88amling of April 25. 1960, No. 69. PAGENO="0933" AIR LAWS AND TREATIES OF THE WORLD 2335 date when the aircraft was registered, whether changes in the owner- ship were registered, when the aircraft was stricken from the register, and other data prescribed by the King or under the King's authoriza- tion by the Aviation Board. Article 7. If there are any changes in the ownership of registered aircraft, or if the nationality of the owner changed, or if the aircraft, after the registration has undergone changes significant for its identi- fication, the owner shall report these matters to the Aviation Board without delay for re.cordation of these changes in the register. In relation to changes in ownership the same duty shall be incumbent on the former owner. If a new owner of an aircraft subject to mortgage is entered into the register, the Aviation Board must inform the recording judge. If there is notification of a new owner of an aircraft, but the data do not~ correspond to his recordation in the register as an owner, his name, the acquisition of the aircraft as stated by him and the date of submission of the notification shall nevertheless be recorded in the register. Article 8 (as amended by Law of December 4, 1959, No. 520) .~ An aircraft shall be stricken from the register at the request of the owner. The same provision shall apply when the conditions provided for in Article 2, paragraph 1 are no longer applicable and the King refuses, according to paragraph 2 of the same Article, to permit that the air- craft remain in the register, or when the permission granted by t.he King in accordance with the provisions mentioned above has been revoked or become invalid because the conditions prescribed in the permission are no longer fulfilled, or if the aircraft is lost, dismantled or otherwise damaged, or when three. months have passed after take-off on the last flight of the aircraft and no information on it is available. When such circumstances occur, the owner shall report them [to the Aviation Board] for recordat.ion without delay, unless the report was submitted in accordance with Article 7. If the aircraft has not had a. valid airworthiness certificate during a~ period of three years, it may be stricken from the register if the owner fails to prove within the time limit fixed by the Aviation Board that~ the aircraft is airworthy. Article 9. If the aircraft is subject to a mortgage it may not be stricken from the register at the request of the owner or on the basis of other circumstances mentioned in Article 8, unless a certificate of the competent~ court was submitted that the deed was presented to the court and the mortgagee gave his consent to the striking of the aircraft from the register; nevertheless, a notation shall be made in the register concerning the acts performed. The competent court shall be informed without delay on the striking of an aircraft from the register or notations made in accordance with paragraph 1. Article 10. If an aircraft is purchased without the transfer of the title of property, the name of the possessor and his rights to the aircraft. shall be noted in the register. Both parties who conclude such contract shall be responsible for submitting appropriate informa- tion to the Aviation Board. ~ ~vensk författningssamiing of. December 10, 1959, No. 520. PAGENO="0934" 2336 AIR LAWS AND TREATIES OF THE WORLD If an aircraft is chartered to another person for use in his own account for an indefinite time or for at least two weeks, a. notation shall be made in the register at the request of the possessor or user. Jit;~7e 11. If an aircraft was constructed in a foreign country on Swedish account or the right of property on it passed to a Swedish owner, and the conditions of Articles 2 and 3 are fulfilled, the aircraft may be entered into the appendix of the Aviation Register for a speci- fled time in accordance with special regulations issued by the King. Sat/on aiit~j Jrtkle 12. When an aircraft is registered, it shall have. Swedish nationality. The Aviation Board shall grant a registration certificate (nationality and registration certificate). Ait/cle i-I. If an aircraft is stricken from the register or if a nota- tion is made according to Article 9, the. owner or, if the aircraft must be stricken from the register because of transition to an owner in foreign country, the former owner, shall return the nationality and registration certificates to the Aviation Board without delay. If other changes are made in the register on facts entere.d in the certifi- cate, the owner of the aircraft shall return the certificate to the Avia- tion Board without delay for entry of changes in the certificate or, if deemed more suitable, for replacement by a new one. Article 14. When an aircraft is registered in the appendix of the aviation register, it shall have Swedish nationality as long as the registration is valid. For aircraft registered in the appendix the Aviation Board shall grant temporary nationality and registration certificates. Article 15. A Swedish aircraft in active operation shall have the Swedish nationality and registration certificates. For flights in Swedish territory a foreign aircraft shall have the corresponding certificates granted by a foreign country which has a treaty with Sweden establishing the right to make such flights. Regulations issued by the King. or under the King's authority by the Aviation Board, shall apply to any aircraft granted a special license under Chapter 1, Article 2. paragraph 2. Ma.'rJth~gs Article 16. Any aircraft entered in the aviation register or in the appendix thereof must bear nationality and registration markings in accordance with its nationality and registration certificates. The air- craft shall bear those markings as long as it is registered in the register of the. appendix thereof. Aircraft registered in a foreign country which has a tre.aty with Sweden granting the right to make flights within Swedish territory must, in making such flights, be marked in accordance with the regu- lat ions of its home country. Aircraft provided with a special license in accordance with Chapter 1, Article 2, paragraph 2, shall bea.r markings in accordance with the regulations issued by the King, or under the. King's authorization, by the Aviation Board. PAGENO="0935" AIR LAWS AND TREATIES OF THE WORLD 2337 CITAVrER 3 A irworthi~ e~.s Article 1. Aircraft in active operation must be airworthy. An aircraft may not be conSiclere(l airworthy unless it is so designed, built, equipped and maintained, and has such flying qualities that it complies with the standards of safety. Article 2. Aircraft shall be subject to inspection according to the rules issued by the King, or under the King's authorization by the Aviation Board and in general, insofar as airworthiness is concerned, shall be under the supervision of the Aviation Board. Pursuant to regulations issued by the King the inspection and super- vision may be entrusted by the Aviation Board to special experts or an authority within or outside the Realm. Article 3. If. by inspection or otherwise, the airworthiness of an air- craft is established, a certificate of airworthiness shall be granted by the Aviation Board (airworthiness certificate). The certificate may be granted for a specified period of time or may be limited to flights of a specified nature or to flights in specified areas. The King, or under the King's authorization, the Aviation Board, may determine that the ceitificate or a special document which must accompany the certificate, must contain instructions on the use of aircraft~ which must be observed in order to have the aircraft considered airworthy. The certificate may be renewed if the aircraft is considered air- worthy according to requirements in force at the time. of renewal. The Aviation Board may delegate the rene~val of the airworthiness certificate to an expert or agency mentioned in Article 2, paragraph 2. Article 4. Swedish aircraft in active operations must be provided with a Swedish or foreign airw-orthiness certificate approved by the Aviation Board. For flights in Sweden foreign aircraft must be provided with the certificate, specified in paragraph 1, or an airworthiness certificate granted or approved in a. foreign State which has an agreement with Sweden for the recognition of such certificates in Sweden. In accordance with the sitpulations of the King the Aviation Board may permit that an aircraft may be operated regardless of the. pro- visions contained in paragraphs 1 and 2. Article 5. If not otherwise provided for by the Aviation Board an airworthiness certificate granted in this country shall not be effective when the aircraft has not been insp~.ted, or when the aircraft or its equipment has been altered and the alteration affects its airworthiness, until such aircraft is declared airworthy. The same shall apply, if the aircraft or its equipment. has sustained damage which evidently affects its airworthiness, and the damage is not repaired as prescribed by the Aviation Board. The Aviation Board may declare. the certificate invalid until the. aircraft. is declared airworthy, when there are. other facts which may effect the airworthiness of the aircraft. W~he.n an airworthiness certificate is declared invalid, the Aviation Board may require its immediate return. Article 6. The provisions of Article 3 and 5 on Swedish airworthi- ness certificates shall apply correspondingly to approval as well as renewal and invalidation of foreign airworthiness certificates. PAGENO="0936" 2338 AIR LAWS AND TREATLES OF THE WORLD Article 7. The owner or user of an aircraft in artive operation shall be responsible for its airworthiness, and pursuant to iri~t.ructions issued by the Aviation Board shall notify the Board of circumstances which might. effect the airworthiness, as well as submit other necessary information to the Board. Article 8. The Aviation Board, as well as the experts or authorities, mentioned in Article `2, paragraph 2, shall have access to any aircraft for the performance of their functions in accordance with this Chap- ter and may require that. the owner or user, as well as the commander and crew of the aircraft., furnish the necessary cooperation. The functions shall be carried out as far as possible without causing dis- advantages in traffic. or creating inconveniences other than those which are unavoidable. Article 9. In order to t.est the qualities of an aircraft or for other special reasons, t.he King, or under the King's authorization the Avi- ation Board, may permit the operation of a.n aircraft regardless of the provisions mentioned above in this Chapter. Article 10. The King may provide, if required for reasons of safety, that for the construction of an aircraft, or performance of mainte- mince, repair and alteration work, a licence granted by the King, or under the King~s authorization by the Aviation Board, shall be neces- sary. The same shall apply relating to accessories and spare parts. CHAPTER 4 The Crew of the Aircraft Article 1. Aircraft must be adequately manned. The King, or under the King's authorization t.he Aviation Board, shall issue detailed regulations on t.he crew. The owner or user of an aircraft shall be responsible for the ade- quate manning of the aircraft. Article 2. The manning shall be subject to supervision of the Avia- tion Board. According to the stipulations of the King the Aviation Board may authorize special experts or authorities within or outside the Realm to assist in the supervisory activities. Article 3. A member of the crew of an aircraft must. meet the re- quirements issued by the King or, under the King's authorization by the Aviation Board, regarding nationality, age, skilfulness, fitness and general conditions of competence for service on an aircraft. Article 4. Persons who fulfill the requirements established for the service of commander or any other service on an aircraft as deter- mined by the King, shall be granted a certificate (pilot, certificate). The certificate shall be granted for a specified time. It may be limited to specified types of aircraft, to specified types of flight, or to flights in specified areas. The pilot certificate may be renewed provided the holder of the certificate fulfills the conditions in force at the time of renewal. Article 5. A person serving on an aircraft. in a position mentioned in Article 4 must be granted a Swedish pilot. certificate, or foreign certificate approved by the Aviation Board, or a certificate granted or approved by a foreign country which has an agreement with PAGENO="0937" AIR LAWS AND TREATIES OF THE WORLD 2339 Sweden by which such certificate is recognized in Sweden. A person serving on a Swedish aircraft in international aviation must be pro- vided with a Swedish certificate or with a foreign certificate approved by the Aviation Board. If there are reasons therefore the Aviation Board may determine that a certificate granted to a Swedish national by a foreign country shall not be approved for aviation within Swedish territory. In accordance w-ith the stipulations of the King the Aviation Board may grant a license for performance of service on aircraft regardless of the provisions contained in the first paragraph, first sentence. Article 6. The Aviation Board may revoke a Swedish certificate for a definite period, until further notice, or for the remainder of the time of validity, if the holder has committed offences in the services, or ~ffences of significance to the service, or if he otherwise fails to meet the requirements of performance in t.he service. If t.here are reasons to assume the existence of facts mentioned in paragraph 1, the Aviation Board may immediately suspend the certi- ficate until the case has been decided. `When a certificate has been revoked or suspended it shall be re- turned to the Aviation Board without delay. Article 7. The provisions of Articles 4 and 6 on Swedish pilot certificates shall be applied correspondingly to the approval of foreign pilot certificates as well as to renewal and revocation of such approval. Article 8. The King, or under the King's authorization the Avi- ation Board, shall issue regulations relating to the obligation of the holder of a certificate to inform on c.ircumstances material to his com- petence, as well as to his submitting to an investigation or examin- at~on. Article 9. The King, or under the King's authorization the Avia- t.ion Board may permit an aircraft to be used for training or other spe- cial purposes, regardless of the provisions contained in this Chapter. CHAPTER 5 Aircraft Commander and Flight Personnel Article 1. A Swedish aircraft in active operation must have a com- mander. The commander shall be the highest authority aboard the aircraft. Article 2. The commander shall see that the aircraft is airworthy and adequately equipped, manned and loaded and that the flight in general is prepared and carried out in accordance with the regulations. The provisions of Chapter 3, Article 7, on notification of circum- stances which might affect the airworthiness, as well as on providing other necessary information to the supervising authority, shall apply correspondingly to the commander. Art ide 3. The aircraft, crew, passengers and cargo shall be subject to supervision of the commander. If deemed necessary, the commander may temporarily assign mem- bers of the crew to duties other than their normal responsibilities. The passengers must follow strictly the directions of the commander for the maintenance of order aboard the aircraft. PAGENO="0938" 2340 AIR LAWS AND TREATIES OF THE WORLD If the c.ircumstance.s require it the commander may refuse to take aboard and may remove from the aircraft members of the crew, passengers and goods. Article 4. For the maintenance of order and safety aboard the com- mander may use force if deemed necessary under the circumstances. If an aircraft is in danger or an emergency exists the commander shall be entitled to use all means which are deemed necessary for the restoration of order and safety. In this case each member of the crew, without any order, must assist the commander. If force is used beyond permissible limits the provisions of law ap- plicable to such cases shall apply. Article 5. If a serious crime is committed aboard an aircraft the commander, as far as possible, shall take all necessary measures for clearing up the case if postponement of such measures would be detri- mental. The commander shall exercise due deligence in preventing the of- fender from escaping and he shall have the right to take the offender into custody until he can be handed over to the Swedish police, or outside this country, to a similar foreign authority, or, if there are no objections to a Swedish consul. The commander may take in custody items of evidence which are considered essential for clearing up the case, until such evidence may be handed over to the police or the authority mentioned in paragraph 2. Article 6. The commander shall see that the prescribed aircraft doc- uments a.re aboard and duly kept. Article 7. In the case of emergency it shall be the responsibility of the commander to take all me.asures in his power to rescue the people aboard, and save the aircraft and cargo. If the aircraft must. be abandoned the commander shall t.ake all possible measures to preserve the aircraft documents. Article 8. It shall be the responsibilit.y of the commander to inform the Aviation Board and, as soon as possible, submit. a report on those cases of air accidents which result in death or grave bodily injury to persons, or in serious damage to the aircraft or to property which was not transported by the aircraft. This shall also apply when there was a serious threat to the safety of the aircraft or to an essential defect in the aircraft or in the ground service. If the commander is not. in a position to fulfill his duties as provided for in the first. paragraph, these duties shall be fulfilled by the owner or user of the aircraft. The King, or under t.he Kings authorization the Aviation Board, may limit, the responsibilities for submitting this information, or ex- te.nd this responsibility to other members of the crew, or prescribe that the information shall be submitted also to authorities other than the Aviation Board. Article 9. Any person who serves on an aircraft must. obey the or- ders of his superior. Took after the safety and welfare of the. persons aboard, carefully protect the. aircraft and in general, perform his du- ties with care and efficiency. A rticie 10. No persoii may perform a.ny service on an aircraft when he is under influence of aTcohol or narcotics or, because of ilTness, weak- ness or similar reasons, is unable to perform his duties in satisfactory manner. PAGENO="0939" AIR LAWS AND TREATIES OF THE WORLD 2341 Article 11. The King stipulates to what extent. the provisions of this Chapter shall apply to foreign aircraft within Swedish territory. CHAPTER 6 A irdrom~es and Gro~u~nd Service in General General Proc iaioii~ Article 1. The airdromes and other aviation installations must con- form to safety requirements. The King, under the King's authorization the Aviation Board, en- acts regulations on establishment, maintenance, and operation and supervision of such installations. The King or, under the King's authorization, the Aviation Board may stipulat.e how, and under which conditions, the sea or other areas even though not established for such purpose may be used without in- trusion into private rights, for the emergency landing and take-off of an aircraft. Article 2. The King may determine air routes and other areas where the aviation is subject to special regulations. Article 3. For safety and rescue purposes a. safety service shall be established. Licen.ses in Certain Cases Article 4. For the establishment and operation of an airdrome for public use (public airdrome) a license granted by the King shall be required, if the airdrome is run by other than the State. The King may stipulate that. a public airdrome may be established and operated without a license taking into account small dimensions or short duration of the traffic or any other circumstances. Article ~5. A license for t.he establishment and operation of an air- drome may be granted only when this is compatible wit.h public interest.. Article 6. In granting a license the conditions which are deemed necessary shall be specified. The King may direct the Aviation Board to specify conditions in special circumstances. The license may be granted for a specified period and the right of redemption shall be reserved to the State. Article 7. The King may revoke the license when the holder of the license essentially disregards the regulations, or when it may be as- sumed that he is unable to duly fuiflfl his duties relating to installa- tion and their operation. Article 8. The King may decide that a license granted by the King, or under the Kings authorization h the Aviation Board, shall be re- quired for establishment and operation of aviation installations other than public airdromes. The conditions shall be determined by the King, or under the King's authorization by the Aviation Board. Approval A it~c/e 9. A public airdrome, as ~vell as any other aviation installa- tion as determined by the King, must. be approved in an order issued PAGENO="0940" 2342 AIR LAWS AND TREATIES OF THE WORLD by the King, prior to beginning operations. To the approval shall be attached necessary conditions. The authority which granted the approval may revoke it, when the conditions specified are essentially disregarded, or when the installa- tions, because of new regulations or other circumstances, no longer comply with the requirements for such installations. Tue owner shall inform the Aviation Board as soon as possible if events occur which might cause the requirements for approval to be no longer fulfilled. If the circumstances are of a nature which may make the use of all installation or a. part of it dangerous, t.he owner must~ take tile necessary measures to prevent, operation of the installa- tion or a part thereof without waiting for a decision of the competent authority. Obstructions to Aviation and Expropriation Article 10. The Law on Construction shall apply to prevent any construction which may represent an obstruction to aviation. For the advancement of public communication the Law on Ex- propriation shall apply to expropriation of real property or special rights in real estate. Article 11. Tile King, or under the King's authority tile Aviation Board, issues regulations which, without. causing serious disadvantages to the landowners, or to persons who have special rights in land, are suitable to prevent tile erection of signs or lights, or other structures in such a fllallfler as to jeopardize the traffic safety. Tile king stipu- lates which measures shall be taken when these regulations are not observed. Other Pro cisians Article 12. The King, or under the King's authorization the Avia- tion Board, may issue regulations on airdromes which may be used for international or domestic aviation or for aviation of a special kind. Article 13. For the use of a public airdrome or other aviation in- stallations in public use tile fees determined by tile King may be col- lected. If the date for payment has passed tile charges may be collected by distraint, without a prior court. decision. Article 14. Public airdromes as well as other aviation illstallationS for public use shall be. open to foreign aircraft in international avia- tion under the same conditions as for Swedish aircraft in such aviation, insofar they belong to a country with whom an agreement granting such privilege has been concluded. Article 15. The King, or under the King's authorization the Avia- t.ion Board, determines tile conditions for employment ill the ground service or other employment, outside an aircraft in positions which are of importance to flight safety, and issues regulations on the grant- ing certificates for such employment. Article 16. The provisions of Chapter 5, Article 10, shall apply to traffic controllers and engineers ill tile ground s'~rvice, as well as to persons who perform other services which, as determined by the King, are connected with flight safety. PAGENO="0941" AIR LAWS AND TREATIES OF THE WORLD 2343 Cn~vri~it 7 Lieen~es /o'r Air Traffic Article 1. Scheduled commercial air traffic (scheduled service) may not be carried out in this country without a license granted by the King. For other than scheduled commercial flights within Swedish terri- tory, a license granted by the King, or under the King's authorization by the Aviation Board, shall be required. The King may determine that such flights may be made without a license, taking into account the nature of such flights or their small extent. The King may determine that a license granted by the Aviation Board shall be required for an aviation school, air exhibition or com- petitive flights, as well as for other flight activities of a special nature, even if not operated for commercial purposes. Article 2. A license may be granted only if it is compatible with the public interest Article 3. For transportation of passengers or cargo from one place to another within the Realm or for any other domestic flights a license may be granted only to the Swedish State, t.o Swedish municipalities or to other such communities, Swedish nationals or Swedish estates of deceased persons, Swedish joint stock companies with registered shares, Swedish commercial partnerships, provided there are no for- eign part.ners, as well as to associations, other corporations, founda- tions or other such institutions in this country, the board members of which are Swedish nationals. A license may be granted to a joint stock company only if at least two thirds of the share capital and at least two-thirds of the votes [in the general assembly of the company] are owned [by a person or company] to whom the license may be granted in accordance with this Article; if the share capital and votes, as mentioned above, are owned by a Swedish joint stock company, the Swedish interest in this company shall be equal to that of the com- pany applying for the license. A license shall be revoked when the holder of the license no longer conforms to the provisions of the first. paragraph and has not. corrected the defects within the time specified by the authority which granted the license. In exceptional cases the King may make exceptions from the provi- sions of this Article. Article 4. In granting the license conditions which are deemed neces- sary shall be specified. If the license is granted by the King, the King may determine that in special cases the Aviation Board specifies the conditions. A license may be granted for a limited period and the right of redemption shall be reserved to the State. Article 5. The authority which granted the license may revoke it when the holder essentially disregards the regulations, or when it may be assumed tha.t he is unable duly to maintain the activities. Artele 6. No license shall be required when the King, by an agree- ment. with a foreign power, has permitted aviation within the Swedish territory and if t.he King so stipulates. In this case the King may order the Aviation Board to issue the necessary instructions. PAGENO="0942" 2344 AIR LAWS AND TREATIES OF THE WORLD Artcle 7. The King, or under the Kings authorization the Aviation Board, may stipulate under which conditions an aircraft, or its acces- sories, or spare parts, may be transferred to another person for use to his account. CHAPTER 8 Certain Provisions in Air Traffic Article 1. The King, or under the King's authorization the Avia- tion Board, issues regulations which must be observed during flight in order to prevent, collisions between aircraft. or other flight accidents and, in general. concerning safety measures to prevent accidents and inconvenience during flight. Article ~. The King, or under the King's authorization the Aviation Board, may determine t.he air routes which aircraft must follow in flight within Swedish territory, issue special regulations on flight over the boundaries of the State, and indicate where the boundaries may be crossed and which airdromes may be used for take-off and landing. Article 3. For reasons of public order and security the landing of a.n aircraft may be ordered. Such order shall be obeyed without de- lay. If no other direction is given, the aircraft must land at the nearest public airdrome where landing is possible. If an aircraft enters a territory where flights according to provisions of Chapter 1, Article 3, are prohibited it must leave the territory without delay, and notification of this action shall be made immediately. If no other direction is given, the aircraft must land as provided for above and as soon as possible. If the provisions of the previous paragraph are not complied with, the continuation of the flight may be prevented by all suitable means. The King or [the person or authonty] authorized by the King deter- mines who shall implement t.he provisions of the first. and second para- graphs, a.nd issue regulations on implementation of these provisions in general. A rtic?e 4. Without permission granted by the King or by [the per- son or authority] authorized by the King, aircraft may not carry war material. The King determines what shall be included under war material according to this law. The King or [the person or authority] authorized by the King may prohibit. the carriage by aircraft of goods other than war material, or issue regulations on such carriage. The King or [the person or authority] authorized by the King de- termines how and under which conditions cameras may be carried and used aboard an aircraft. in flights within Swedish territory. Article 5. If not. otherwise provided for by this law or other laws and regulations, the King, or under the King's authorization the Avia~ tion Board, determines which aircraft documents an aircraft must have, to what extent they shall be available on board, and how they shall be established, kept and maintained. Article 6. No person may be refused examination of the contents of aircraft documents if he has legal interest therein. Article 7. The King, or under the King's authorization the Aviation Board, determines the extent to which persons serving on aircraft shall carry with them certificates and other documents. PAGENO="0943" AIR LAWS AND TREATIES OF THE WORLD 2345 Article 8. The Aviation Board if deemed necessary, may search an aircraft and check the aircraft documents and certificates and other documents the persons performing service on aircraft must, carry aboard. Article 9. Special provisions shall apply with regard to sanitation problems on aircraft, passport., customs and other matters. CHAFrER 9 Air Tra~sportation (As amended by Law No. 69 of April 8, 1960)6 Scope of Application Artic7e 1. The provisions of this Chapter shall apply to transporta- tion of passengers, baggage and goods if the transportation is carried out for payment, or by an air transportation entreprise without charge. The Warsaw Convent.ion in the sense of this law, is the Convention for t.he Unification of Certain Rules Relating to International Traiis- port.ation by Air signed at Warsaw on October 12, 1929, and the Proto- col signed at The Hague on September 28, 1929. Article 2. The provisions of this Chapter shall not apply to the transportation of mail. The provisions of Articles 3 to 9 shall not. apply if the transporta- tion is carried out under unusual circumstances and outside the scope of normal air operations. Documents of Air Tran-sportation Article 3. In passenger transportation a ticket shall be issued and shall state: a) the place of departure and destinat.ion: b) at least one intermediate landing point if the places of de- parture and destination are in the same state and one or more intermediate landings on another state are scheduled: and c) a not.ice that the transportation may be subject to the War- saw Convention, or to a law which is in conformity with the. limits provided for in t.he Convention as to liability of the carrier for personal injury or loss of, or damage to the. baggage. Unless otherwise established the ticket. shall be the evidence of a transportation contract and of the terms of transportation. If no ticket. is issued, or if its content~ do not comply with the regu- lations, or if the ticket. is lost, the. transportation contract shall still be valid, and shall remain subject to provisions of this Chapter. However. if the passenger boards the aircraft with the consent of the carrier and no ticket was issued, or if the ticket does not include the notice pro- vided for in the. first paragraph (c), t.he carrier may not avail itself of the. provisions of Article 22 on the limitation of liability. Arficie 4. In the transportation of registered baggag~e a baggage check shall be issued. If the baggage check is not attached to. or in- 6 Sren8k författning86amlin.g of April 25, 1960. No. 69. PAGENO="0944" 2346 AIR LAWS AND TREATIES OF THE WORLD serted with the passenger ticket conforming to the provisions of Article 3, first paragraph, it shall state: a) the place of departure and destination; b) at least one intermediate landing point if the places of de- parture and destination are in the same State, and one or more mtermediate landings in another State are scheduled; and c) a notice that the transportation may be subject. to the War- saw Convention or to a law whic.h is in conformity with the limits provided for in the Convention as to the liability of the carrier for loss of, or damage to the baggage. Fnless otherwise established, the baggage check shall be the docu- Inent of registration of the baggage and of the terms of transportation. If no baggage check is issued, or its contents do not comply with the regulations. or if the check is lost., the transportation contract shall still be valid and shall remain subject to the provisions of this Chapter. However, the carrier shall not. he entitled to avail itself of the pro- visions of Article 2~, second paragraph, on the limitations of liability if he has accepted the baggage for which the baggage check was not issued, or if the check does not contain the notice provided for in the first. paragraph. (c), and the check is not attached to, or inserted with the passenger tickets conforming to the provisions of Article 3, first paragraph (c.). Article .5. In the transportation of goods the carrier may require from the shipper a transportation document., referred to as a bill of lading. The shipper may require that t.he carrier accepts this docu- ment. If the bill of lading is not, executed, or if its contents do not comply with the regulations, or if the bill is lost., the transportation contract shall be still valid, and, with the exceptions provided for in Article 9 shall be subject to the provisions of this Chapter. Article 6. The bill of lading shall be executed by t.he shipper in three original copies and shall be delivered to the carrier along with the goods. The first copy shall be marked "for the carrier" a.nd signed by the shipper. The second c.opy shall be marked "for the consignee"; this copy shall be signed by t.he shipper and carrier and shall accom- pany the goods. The third copy shall be signed by t.he carrier and be delivered to the shipper a.fter acceptance of t.he 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 a.t the request of the shipper he shall be considered ac.t.ing on behalf of the shipper unless there is proof to the. contrary. Article 7. If there are several parcels, the carrier may require the shipper to execute a separate bill of lading for each parcel. A rticie 8. The bill of lading shall state: a) the place of departure and destination; b) at least one intermediate landing point if the places of de- Partlire and destination are in the same State and one or more intermediate landings in another State, are scheduled; and c) a notice that the. transportation may be subject to the War- saw Convention or t.o a law which is in conformity with t.he pro- PAGENO="0945" AIR LAWS AND TREATIES OF THE WORLD 2347 visions of the Convention as to the limits of liability by the carrier for loss of, or damage to the goods. Article 9. The carrier may not avail itself of the provisions of Article 22, second paragraph, on the limitation of liability, if the goods are loaded on the aircraft. with the consent of the carrier without executing a bill of lading, or if t.he bill of lading does not contain the notice pursuant to Article 8(c). Article 10. The shipper shall be liable to the carrier, or to any other person to whom the carrier is liable, for damages sustained as a result of the shipper's declaration concerning goods in the bill of lading, when the declaration does not conform to the regulations, or in gen- eral, is incorrect, or incomplete. Article 11. Unless otherwise established, the bill of lading shall be evidence of the transportation contract., of receipt of the goods, aiid of the terms of transportation. The statement of the bill of lading with respect to weight, dimeii- sions, packaging and number of articles shall be used as evidence. Other statements in the bill of lading with respect to quant.ity and cubic content, as well as statement. on the condition of the goods may not be used as evidence against the carrier, unless the carrier has examined the correctness of the statement in the presence of the skip- per and has made a notation thereof on the bill of lading, or if the statement refers to the visible condition of the goods. The Bight of Disposal and Delivery of Goods Article 12. If t.he shipper fulfills his responsibility pursuant to the transportation contract he shall have the right, to dispose of the goods, when it does not cause damage to the carrier or other shippers; he may take them back at the place of departure or destination, or stop the transportation at the place of landing en route, or demand delivery of the goods at the place of destination or landing en route to a con- signee other than that indicated in the bill of lading, or demand return of the goods to the place of departure. The shipper must pay the necessary expenses which accrue from such action. The carrier must immediately inform the shipper if the orders of the shipper cannot be fulfilled. If the carrier executes the orders of the shipper without. demanding a copy of the bill of lading, the carrier shall be liable for any damage which might result to the true holder of the bill of lading, however, with a right of recourse against t.he shipper. The rights of the shipper shall terminate when the consignee assumes his rights according to Article 13. If the consignee refuses to accept the bill of lading or the goods, or if he cannot be reac.hed, the right to dispose of the goods shall revert to the shipper. Article 13. When the goods have arrived at the place of destina- tion, t.he consignee may demand, except under the conditions indicated in Article 12, that. t.he carrier deliver the bill of lading and t.he goods to him on payment. of the amount owed and fulfillment of other condi- tions in accordance with the terms of the bill of lading. Unless otherwise agreed, the carrier shall immediately inform the consignee when the goods have arrived. 39-737 0-65-vol. II--60 PAGENO="0946" 2348 AIR LAWS AND TREATIES OF THE WORLD Artic7e 14. If the carrier gives notice that the goods are lost, or if the goods do not arrive within seven days after the day they should have arrived, the consignee may bring an action on his rights against the carrier in accordance with the transportation contract. Artic7e £5. A reservation which contains exceptions from the pro- visions of Articles 12. 13, and 14. shall be invalid unless the exceptions are included in the bill of lading. Article 16. The shipper shall furnish information and attach to the bill of lading documents required by customs, excise and police regula- tions which must be fulfilled prior to delivery of goods to the consignee. The shipper shall be liable to the carrier for damages which might result from the lack of such information or documents, or if they are incorrect or incomplete, unless the carrier or his agents are guilty of errors or negligence. The carrier shall not be obliged to check whether the information furnished or the document~s attached are correct and complete. Liability of a Carrier Article 17. Unless otherwise provided for in this Chapter, the carrier shall be liable for personal injury of passengers resulting from an accident on board an aircraft, or while enplaning or leaving the air- craft. The damages shall be determined according to principles of the criminal law. Ait1c7 18. With the. exceptions provided for in this Chapter, a car- rier shall be liable foi- loss and decrease of, or damage to registe.red baggage or goods as a result of an accident occurring while such bag- gage or goods were under its care. whether at an airdrome., on board ~ui aircraft, or during an emergency landing outside the airdrome. 1f. according to the transportation contract, the transportation is also performed on land or water areas outside the airdrome, with load- ing, delivery or re-loading, the damage to baggage and goods shall be considered as having occurred during the. period mentioned in para- graph 1, unless the carrier submits evidence, to the. contrary. A,t;cle 19. Unless otherwise provided for in this Chapter, the car- rier shall be liable for damages resulting from a delay in the transpor- tation of passengers. registei-ed baggage or goods. Ai'tiele 20. A carrier shall not be liable if it establishes that it or its employees have taken all possible action to avoid t.he damage or that it was impossible for them to do so. A rt~c7e 21. If the carrier proves that the person who sustained the injury himself was guilty of causing it, its liability shall be adjusted as is considered reasonable. Article 22. The liability of a carrier in the transportation of pas- sengers shall be limited to 85,800 crowns per person and when the compensation is paid in the form of annuitie.s the liability of the car- rier may not exceed this limit. By special agreement. between carrier and passenger a higher limit of liability may be established. In the transportation of registered baggage or goods there shall be a limit on liability to the amount of 86 crowns per kilogram weight. If on delivery of baggage or goods to the. carrier the passenger or shipper declares a special value connected wit.h the transportation, and he has paid the specified additional freight. charge, the declared PAGENO="0947" AIR LAWS AND TREATIES OF THE WORLD 2349 value shall be the limit, of liability of the carrier, unless the carrier proves that the. true value to the passenger or shipper is lower. When there is a. loss, decrease, damage or delay of delivery of a part of reg- istereci baggage or goods, or of an article they contain, the total weight of the. parcel in question shall be taken as a basis to determine the extent of liability; however, if the loss, decrease, damage or delay reduces the value of other parcels which are included on the same baggage check or bill of lading the total weight of these parcels shall he taken into account to determine the extent of liability. For objects retained by the passenger, the limit of the liability of the carrier shall be the amount of 1T20 crowns per passenger. In court. actions costs shall be allowed to the. plaintiff without the limitations mentioned in this Article not withstanding the fact that the liability may be increased thereby. This provision shall not, apply where the judgment, exclusive of costs, does not exceed the amount offered by the carrier in writing t.o the plaintiff within six months after the damage occurred or prior to the commencement of an action. If the gold value of the crown changes from the value submitted to the International Monetary Fund at the time of the enactment of this law, the limit of liability shall be. fixed in accordance with the new gold value. The new limits of liability shall be publicly announced by the King. In court actions the gold value on the day judgment. is rendered shall be. effective. Article ~3. Any condition exempting the carrier from liability or setting a lower liability than that. provided for in Article 22 shall be invalid. In transportation of goods the provisions of the first. paragraph shall not apply relating to loss, decrease, or damage of goods which was caused by their own quality or inherent defects. Article 24. T.Jpon proof that the carrier or its employees caused the damage intentionally or by gross negligence with the knowledge that the occurrence or damage was likely, the limitations of liability in accordance with the Article 22 shall not apply. Article 25. If the employees of the carrier are sued for damages caused in service by an error or negligence of a lesser degree than that provided for in Article 24, the amount of compensation imposed on them and the carrier jointly may not exceed the limits of liability est abl i shed for the carrier. The provisions of Chapter 10, Article 3, shall apply to modifications relating to compensation in certain cases. Article 26. If the consignee accepts the registered baggage or goods without reservation, the goods shall be presumed to be delivered in good condit ions and in conformity with the transportation documents, unless there is proof to the contrary. Wrhen there is a damage or dec~ease [of baggage or goods] in trans- portation, the carrier shall be. notified inlme(liatelv and at the latest within T clays for baggage and 14 days for goods, from the. date of receipt. In cases o.f delay the notification shall be niade within 21 days from the date the baggage or goods are put at the consignee's disposal. Notification may be made by a notation on the transportation docu- ments or by a letter mailed within the period mentioned in para- graph 2. PAGENO="0948" 2350 AIR LAWS AND TREATIES OF THE WORLD Article 27. If the notification is not made in accordance with Arti- cle 26 within the period mentioned therein, no action will lie against the carrier unless he has acted fraudulently. Article 28. Liability actions according to this Chapter shall be com- menced in the court of the place where the carrier resides, or where the enterprise has its main office or office which concluded the transporta- tion contract, or of the place of destination. An action shall be commenced in a Swedish court or in a court of a State which adheres to the Warsaw Convention, unless, according to the contract, the place of departure or destination is in a State which does not adhere to the Convention. Article 29. The right to claim damages shall lapse if the claim is not presented within two years from the date of arrival of the aircraft at the place of destination, or from the date when the aircraft should have arrived, or from the date when transportation was discontinued. Article 30. If a transportation, which according to one or more con- tracts is considered a single operation, is performed by several car- riers in succession, each carrier who takes on board passengers, reg- istered baggage or goods shall be liable for the portion of transporta- tion which he performed. With regard to registered baggage or goods the shipper may insti- tute an action against the first carrier, and the consignee to whom the delivery is to be made, against the last, even if the loss, decrease, dam- age or delay occurred whe.n the goods were under care of another car- rier. If two carriers are liable, they shall be subject to joint liability. Compound Transportation Article 31. If transportation is carried out partly by aircraft and partly by other means of transportation, the provisions of this Chap- ter shall apply only to air transportation. The terms covering other transportation may be entered in the air transport at ion documents. Other Provisions Article 32. Reservations in the transportation contract or others, made prior to the time of damages, in which the parties deviate from the provisions of this chapter on settlement of disputes or specify a change of venue, shall he invalid. If an arbitration agreement concerning the transportation of goods was made prior to the time of damage, the agreement shall be valid provided the arbitration is undertaken at the place of jurisdiction of the court where action shall be commenced according to Article 28, and the dispute shall be settled in accordance with the provisions of the `Warsaw Convention, insofar as the provisions of this Convention apply. Article 33. Transportation documents issued by a foreign country or documents pertaining to international air transportation shall ful- fill the requirements for notification prescribed in Article 3, paragraph 1 (c.), Article 4, paragraph 1 (c) and Article 8 (c) if they provide that transportation may be subject to `Warsaw Convention which generally limits the liability of the carrier for transportation referred to in the pertinent provisions. PAGENO="0949" AIR LAWS AND TREATIES OF THE WORLD 2351 When in international transportation the place of departure or des- tination is in a country which does not. adhere to the Warsaw Con- vention, the carrier may refer to Article 22 as to the limitations of ha- bility, even if no notice according to paragraph 1 is given. Artic7e 34. When in domestic air transportation an intermediate landing in a foreign country is not agreed upon, the King may issue regulations on issuance of transportation documents in a form other than that provided for in Articles 3, 4, 8 and 9 relating to tickets, bag- gage checks and bills of lading. Article 35. The provisions of this Chapter shall not apply to inter- national transportation by air performed directly by the State, or by a territory for the international relations of which the State is respon- sible, insofar as the State at the time of ratification of, or adherence to, the Warsaw Convention on International Transportation by Air of October 12, 1929, has made a reservation in accordance with the Additional Protocol to the Convention. Insofar as a country adhering to the revised Convention has made a reservation that the Convention shall not apply to air transportation by military authorities of that country by aircraft registered in that country and the whole capacity of which has been reserved by, or on behalf of, such authorities, the provisions of this Chapter shall not apply to such transportation. CHAPTER 10 Compensation for Damages. Article 1. The provisions of the law on Liability for Damages Re- sulting from Aviation shall apply to the liability for damages for the injury of persons or property not transported by the aircraft wher~ the injury results from operating an aircraft.7 Article 2. When it is so provided by a regulation issued by the King, insurance or pertinent surety determined by the King, shall be valid for compensat.ion for damages specified in Article 1. Article 3. If a person serving on an aircraft is liable for compensa- tion for damages resulting from aviation because of his error or negli- gence in service, the court may decide to reduce the amount of compenation in a reasonable manner taking into account mitigating circumstances in such error or negligence, the amount of the damage and other considerations. This shall apply correspondingly to ground service or in general to a service other than an aircraft, if the service is of importance to flight safety. CHAPTER 11 Rescue Service. Salvage a~nd Investigation of Flight Accidents Rescue Service Article 1. The King, or under the King's authorization the Aviation Board, issues regulations concerning the measures to be taken when an aircraft is lost, wrecked, on an emergency situation, or in danger (rescue service). Law on Liability for Damages Resulting from Aviation of May 26, 1922, No. 382. PAGENO="0950" 2352 AIR LAWS A~D TREATIES OF THE WORLD The King may require the owner of the aircraft, and persons who serve on the aircraft. or at an airdrome or other aviation installations, to cooperate in rescue service, and establish compensation by the Treasury for such cooperation. iSaJtage Article 2. A person who salvages wrecked aircraft or one in an emergency situation or cargo or any part of such aircraft or goods, as well as a. person who assists in such salvage operation shall have the right, to salvage money in accordance with the principles which apply according to Articles 225 to 227 of the Maritime Law to salvage of ships and cargo, whether the salvage operation was performed on sea, land or in the air. A person who in emergency circumstances which caused the salvage, rescued or assisted to rescue a life from an aircraft shall also have a right to a share of the salvage money. A person who has borne extraordinary and unavoidable expenses for preserving an aircraft or cargo shall have a right to reimbursement of these expenses. If goods or a part of the goods have been salvaged or preserved, the owner shall be liable up to the value of the goods salvaged or preserved, hut shall not he liable personally. A person who cooperated in salvaging contrary to an explicit and justified prohibition of the aircraft commander, owner or user shall not have a right to salvage money. The same shall apply to expenses for preserving the aircraft and cargo. Article 3. A creditor who claims salvage money or reimbursement of expenses referred to in Article 2. shall be secured by a lien on the aircraft and the goods. and shall have priority over the creditors re- ferred to in Chapter l~ of the Commercial Law, insofar as the salvage or reimbursement money concern actions performed in the Realm. As to amount, all claims referred to in paragraph 1 shall have the same right if they originate from the same event: in other cases those based on the later event shall have priority over those based on the earlier one.. `Without the agreement of the creditor an aircraft may not leave the place where the salvage or preservation operations were accomplished, and goods may not. he delivered to the owner, prior to payment. of the amount claimed, or establishment of security for payment. Article 4. Special provisions shall apply to the rights of the holder of a lien to compensation in connection with the lien.8 If there are other claims for property damage the right to a lien shall also apply to such claims: in such cases, Articles 272 and 279 of the Maritime Law shall apply accordingly. Article 5. A lien shall cease when the. aircraft or goods are sold under distraint, or in bankruptcy proceedings according to the pro- visions applicable for such cases: however, the creditor shall have the right, to take equally with other creditors as specially provided for in the law.~ A hen on goods shall cease when they are delivered to the disposal of the shipper or consignee. If such goods are delivered without t.he Law on Registration of Rights in Aircraft of May 12. 1955. No. 227. chapter F~ of the Law on Execution of Court Decisions, as amended by the Law of October 11, 1912, No. 211. PAGENO="0951" AIR LAWS AND TREATIES OF THE WORLD 2353 permission of the creditor, the person who accepts the goods with knowledge of claims secured by the goods, shall be liable to the creditor for the amount. not exceeding the value of the goods at the time of unloading. Article 6. The right to a lien on an aircraft registered in the Realm shall cease after three months from the date when the salvage or pres- ervation of the aircraft was accomplished, unless the creditor has submitted, during the period mentioned, an application to the regis- tration judge to record the right. t.o a. lien on the aircraft with the Registe.r for Deeds, and provided there is also an agreement. on the amount of the lien or a lawsuit has been filed in accordance with the law. The same provision shall apply to an aircraft, regist.ered in a foreign country which adheres to the Convention of June 19, 1948, on t.he Inter- national Recognition of Rights in Aircraft., provided that the applica- tion is submitted to the authority which keeps the Register of Deeds for aircraft. If an aircraft is not registered or is registered in a foreign country other thati one. provided for in paragraph 2, the lien shall cease after one year from the date when the salvage or preservation of the aircraft wa.s accomplished, unle.ss, during the period mentioned above an agree- me.nt on the amount of lien was made or a lawsuit has been filed in ac- cordance with the law. Inve.'~tigatioi~ of Fligh / Accidents Article 7. If an accident. occurs in the use of an aircraft. which causes death or serious injury to persons, or serious damages to the aircraft or property not transported by it, an investigation shall be made in regard to the accident and the reasons which caused the accident. An investigation shall also be made if there was a serious threat of such air accident or events occurred which indicate an essential defect in the aircraft or ground organization. Article 8. The investigation refe.rred to in Article 7 shall be made by an investigation commission. Technica.1 and legal experts shall be represented in the commission. Article 9. The members of the commission shall be appointed by the Aviation Board unless the King has cause to nominate one or more members. The King may nominate a special investigation commission if he considers it necessary in connection with the handling by the Aviation Board of the accident case, or for other reasons. 1rti~le 10. Insofar as ordered by the King. the commission must inform the parties concerned and give them an opportunity to act. a.s they deem necessary for the. promotion of their interests. If it. is pos- sible without any disadvantage to the investigation, they shall have a right to l)e present during the investigation at the place of accident and other investigation procedures of the commission. Article 11. The commission shall perform its work iii concert with the police authorities and public prosecutor who conducts the. investi- gation according to Chapter 23 of the. Law on Court Procedure. Prior to the beginning of the commissions activities, the Aviation Board, with the assistance of the police authorities, or by other suitable PAGENO="0952" 2354 AIR LAWS AND TREATIES OF THE WORLD means, shall take all necessary means for the performance of the in- vest igat ion if the postponement of such measures would be detrimental. Ji~ticle 12. The commission may examine any person who may sup- ply essential evidence for the investigation, and inspect objects which may be essential. If the investigation cannot be properly carried out, the commission may decide that the investigation shall be made by the police au- thorities. In such cases the corresponding articles of Chapter 23 of the Law on Court Procedure shall apply; the measures of enforcement l)rovidled for in Chapters ~4 to 28 may be used only in cases if a crime is committed which is sul)lect to l)ublic prosecution, If the commission finds it necessary to have a witness or expert examined by the. court, or to order a. person to furnish a written docu- ment or an object. the commission may make a presentation to the lower court in whose circuit the accident. occurred or the person who must be examined or is otherwise concerned, has his residence. If there are. no legal impediments the court shall perform the examina- tion and issue the order. The respective pro~nisions on recording of evidence in interlocutory procedure shall apply to such actions. J,fc7e 13. If there is found an aircraft or goods transported by the aircraft, or parts of the. aircraft. or goods, and there are reasons to assume that an air accident occurred, such objects may not be removed or displaced without the permission of the police authorities or in- vestigation commission, unless it is necessary for the saving of life or for other particular reasons. Any l)eI~~I1 who finds any property referred to in paragraph 1, must immediately notify the police authorities or investigation commission which shall take care of the property if deemed necessary. CIIAVFER 12 Special Provisioi~ Jrtic7e 1. When there are reasons at the beginning of the flight to assume that the aircraft is not airworthy, or is not properly manned, or in general the. provisions of this law or conditions established for such flight pursuant to it, are not fulfilled, the flight may be prohibited and the aircraft may be prevented from take-off. The decision to take such action shall be made by the Aviation Board or [the agency] authorized by it. In the latter case the decision shall be submitted without delay to the Aviation Board for approval. w't;c7e 2~ The possessor of a public airdrome may prevent an air- craft from leaving the airdrome until the charges in connection with the last landing, stopover or take-off, referred to in Chapter 6, Article 13, are paid or a proper guarantee has been given. The King may stipulate that the provisions of paragraph 1 shall not apply to international aviation as defined by the King. Ji'ticle 3. special provisions shall apply regarding the release of certain aircraft from sequestration or other restrictions of property rights. Ai~fic7e 4. The King issues regulations as to the basis on which the fees and other costs for official functions in accordance with this law shall be collected. PAGENO="0953" AIR LAWS AND TREATIES OF THE WORLD 2355 In the absence of payment the fees aiid costs may be collected by clistramt without a prior court decision. Article 5. Special provisions shall apply to possession and use of radio installations and radio receivers on an airplane or at ground installations. CHAFrER 13 Penal Pro~viaion8 Article 1. Any person who violates a prohibition or stipulation is- sued by the King in accordance with Chapter 1, Article 3, shall be pun- ished by imprisonment or hard labor of up to two years, or on exten- uating circumstances by a fine. A person who violates a. prohibition or stipulation issued by other authorities in accordance with Chapter 1, Article 3, shall be punished by a fine or by imprisonment of up to 6 months. Article 2. Any person who submits incorrect date in the application for registration of an aircraft, or for notation in the appendix of the register, or in other applications or notifications submitted in accord- ance with Chapter ~, shall be punished by a fine or by imprisonment of upto 6 months. Any person who uses an aircraft which bears incorrect, nationality or registration markings, or an aircraft which does not bear any mark- ings in accordance with this law or regulations issued on the basis of this law, shall be punished by imprisonment or hard labor of up to two years, or on extenuating circumstances, by a fine. Article 3. Any person who operates an aircraft without a permis- sion and without an airworthiness certificate, or an aircraft which is not airworthy in accordance with Chapter 3, shall be punished by a fine or by imprisonment of up to one year. The same shall apply if an aircraft. is operated without a licence and not adequately manned as provided for in Chapter 4. Article 4. Any person who performs a. service on an aircraft re- ferred to in Chapter 4, Article 4, without being granted a certifica- tion, shall be punished by a fine or by imprisonment of up t.o six months. Any person who performs a service referred to in Chapter 6, Article 15, without a certificate shall be subject to the same punish- ment. Article 5. Any persoii who performs a service on an aircraft and ignores, or refuses to follow directions of the commander shall be punished by a fine or by imprisonment of up to one year. Any commander who in an emergency does not fulfill his responsi- bility in accordance with Chapter 5, Article 7, shall be subject to the same punishment.. Article 6. Any person who commands an aircraft or performs an- other service on an aircraft, or performs a service referred to in Chap- ter 6, Article 16. under the influence of alcohol or other narcotics referred to in Chapter 5, Article 10, shall be punished by imprison- ment or hard labor of up to two years, or if the crime is slight, by a fine equivalent to det.ention of not less than for 25 days. Article 7. Any person who, without a licence, establishes or oper- ates an airdrome or other installation referred to in Chapter 6, or opens or maintains such installation which is not approved by the au- PAGENO="0954" 2356 AIR LAWS AND TREATIES OF THE WORLD thorities when such approval is required, shall be punished by a fine or by imprisonment of up to six months. Any person who carries out air traffic without a licence referred to in Chapter 7, shall be subject to the same punishment. Artcle 8. Any person who performs a service on an aircraft or any other service and thereby violates the regulations issued in accordance with Chapter 8, Article 1 or 2, or refuses to obey an order to land referre.d to in Chapter 8, Article 3, shall be punished by a fine, or by imprisonment of up to one year. The same punishment shall apply when war materiel or other goods are carried by an aircraft in violation of the provisions of Chapter 8, Article 4. paragraphs 1 or 2 or of the regulations issued in accordance of these provisions. Art~7e 9. Any person who operates an aircraft without valid in- surance or other surety shall be punished by a fine or by imprisonment of up to one year. Art;e7e 10. Any person who in circumstances other than those pro- vided for previously, violates the provisions of Chapters 1-6 or 8, shall be punished by a fine. Any person who violates the provision of Chapter 11, Article 13, shall be subject to the same punishment. Arfe?e 11. Punishment according to this law shall not be imposed if the act was a result. of slight negligence. Arfe7e 1~?. Punishment. according to this law shall not be imposed for crimes punishable pursuant to the General Criminal Law. Art"ele 13. If the owner of an aircraft. or a person who replaces him, intentionally commits a crime referred to in Article 1, paragraph 1, or is an accessory thereto, the aircraft. may be forfeited to the Treasury, insofar it is considered necessary for prevention of the crime, or there a.re other special circumstances, and the forfeiture is not. obviously un- reasonable: if the airc.raft is not available its value may be forfeited. This provision shall not apply to a person who in good faith acquired an aircraft or rights in it.. If the forfeiture. concerns a.n aircraft which is subject to a lien or mortgage., the court may decide that the lien or mortgage shall cease. Notwithstanding other rights in an aircraft the forfeiture may be carried out. under the conditions decided on by the court. The corresponding l)aI~ts of the provisions of paragraphs 1 and 2 shall apply to war materiel and goods referred to in Chapter 8, Article 4, paragraph 2, insofar the owner, or a. person who replaces him, viola.t.e.s the provisions of Article 8, paragraph 2, of this Chapter, or is an accessory to such violation. CIIAI~rER 14 Certain Provi.s~ioii.i on. Application of this Law. Art~'cle 1. For aircraft without a pilot on board, or operating with- out. a. power, or in gene.ral aircraft of an extraordinary type, the King or unde.r the King's authorization the Aviation Board, may stipulate exceptions from the provisions of Chapters 2 to 8, if t.here are no ob- stacles to traffic or public safety, and may issue the necessary regulations. PAGENO="0955" AIR LAWS AND TREATIES OF THE WORLD 2357 The King, or under the King's authorization the Aviation Board, may also issue regulations on inventions which are designed to operate in the air but which are not aircraft. Artic7e 2. The decisions of the Aviation Board may be appealed to the King. If not otherwise stated in the decision, the appeal shall not prevent the implementation of the decision. Artiele 3. The King, or under the King's authorization the Aviation Board, issues regulations on the application of this law. Art icle 4. The King may stipulate that. the competence. of the Avia- tion Board, according to this law shall be carried out in one or more respects by anothe.r authority appointed by the King. SECOND PART. MILITARY AND OTHER A\JATION OF THE STATE CHAFFER 15 Article 1 (as amended by law of April 8, 1960, No. 69). The King, or an authority authorized by the King, shall issue regulations as to the extent to which the provisions of this law on civil aviation shall apply to Swedish military aircraft, military airdromes and other mili- tary ground installations. The provisions of Chapter 9, Chapter 10. Article 3, Chapter 11, Article 2, paragraphs 1 and 3, Article 13, on civil aviation shall apply to military aviation a~ specified in the first paragraph. Article 2. With the exception of Chapter 11, Articles 3-6, the pro- visions of this Law shall apply to flights by Swedish aircraft used exclusively for State purposes, and not for commercial purposes. The King, or with authorization from the King, the Aviation Board may stipulate other exceptions from the provisions of this Law relating to flights provided for in paragraph 1, but not from the pro- visions of Article 1, paragraph 2, and it may issue regulations on such flights. Article 3. The King, or [the authority] authorized by the King, shall issue regulations regarding flights of foreign military aircraft, and foreign aircraft used for purposes of the State and not for com- mercial i~iii'poses, within Swedish territory. This law shall be made effective by Royal decree. R.r~oui~ioxs ix FORCE Decree on Aviation of November 24, 1961, No. 558. PAGENO="0956" PAGENO="0957" SWITZERLAND FEDERAL LAW ON AIR NAvIG~~T1oN OF DECEMBER `21, 1948' The Federal Assembly of the Swiss Federation, in view of Articles 37 ter and 36 of the Constitution, and of the Message of the Federal Council of March 23, 1945 2 decrees as follows: FIRST PART-BASIC PROVISIONS OF AIR NAVIGATION FIRST TITLE-AIR SPACE AND SuRFACE OF THE EARTH ChAPTER I-SOVEREIGNTY OVER AIRSPACE AND ITS EFFE(YFS Article 1 I. Else of Swiss airspace. 1. Principle. The use of the airspace over Switzerland by any aircraft shall be permitted within the limits established by this law and the federal laws in general. Article 2 2. Aircraft permitted to fly. Any of the following [aircraft] may fly within the Swiss airspace provided it is airworthy: a. Aicraft belonging to the Swiss State; b. Aircraft registered in the Swiss Register in accordance with Article 52 and possessing the certificates provided for in Article 56; c. Aircraft which may use the Swiss airspace by virtue of international agreements; d. Aircraft which may use the Swiss airspace by virtue of a special ruling of the Federal Air Office. Article 3 II. Supervision by the Federal Government. 1. Federal Agencies. The Federal Council shall have supervision of air navigation over the whole territory of the Federation. It shall exercise it through the Department of the Post Office and Railroads. For the purpose of exercising immediate supervision, a special divi- sion of the Department of the Post Office and Railroads shall be established. The Federal Council shall make more detailed regulations, particu- larly in regard to fees to be levied. 1 Published in Recueil des Lois F~dërales. No. 19. of June 6. 1950. p. 491. For amended Articles 8.2, 11. 12, 15, 17. 40, and 52, see in/ia, p. 2380. 2 In Feullie Fddërale, 1945, Vol. I, p. 325. 2359 PAGENO="0958" 2360 AIR LAWS AND TRF:ATIF:S OF THE WORLD Article 4 2. Delegation. Particular powers of supervision may be delegated to the Cantons and, upon consultation with the Cantonal Govern- ments7 to the local authorities, to the airport authorities and to private organizations suitable to exercise them. Article 5 3. Commission for air navigation. The Federal Council shall ap- point a Commission for Air Navigation, consisting of at least seven members, which shall give advice on important questions concerning air navigation. The membership, jurisdiction and methods of operation of such commission shall be specified in an ordinance. Article 6 4. Appeal. An appeal from any decision made under Articles 8, 9, 14, second paragraph, and Articles 27, 33, 35, 37 and 93 may be brought in the usual manner to the Federal Council as the highest resort. The Department of the Post Office and Railroads shall render final decisions in all appeals brought under the present law in the following cases: a. First decisions rendered by the Federal Air Office. b. Rulings of that office concerning appeals from decisions of the supervisory authorities provided for in Article 4. The provisions of Article 49 shall not thereby be affected. Article 7 III. Restrictions on air navigation. 1. Prohibition tci fly. In the interest of public order and safety or for military reasons, the Federal Council may, as a temporary or permanent measure, prohibit or re- strict the use of the Swiss airspace or the flight over certain areas. Article S 2. Air routes and airports. The Federal Air Office may prescribe air routes which must be followed and designate airports which must be used by aircraft.. Article 9 3. Customs airports. Any aircraft leaving for, or arriving from, a foreign country must take off from, or land on, a customs airporL In exce~ ~.l c.a~es, the Director General of the Customs, with the consent of i ne Federal Air Office, may authorize the use of another place. Article 10 4. Crossing the border. The Federal Air Office, with the consent of the Director General of the Customs, may determine the points between which the. border may not be crossed. PAGENO="0959" AIR LAWS AND TREATIES oF THE WORLD 2361 Article 11 IV. Applicable laws. The airspace over Switzerland shall be sub- ject to the Swiss laws. The provisions of international, agreements and recognized rules of public and private international law shall not thereby be affected. CHAPTER Il-USE OF THE AIR SPACE Article 12 I. Police regulations. 1. Jurisdiction. The Federal Council shadi make police regulations for the use of the air space. Article 13 2. Permissions. The Federal Council may declare that parachute jumps, flights of captive balloons, public air shows, acrobatic flights and acrobatic exhibitions of aircraft shall depend on specific permis- sion by the Federal Air Office. Article 14 3. Prohibitions. Except as determined by the Federal Council, it shall be prohibited to throw any object from an aircraft in flight. The Federal Council may prohibit, or declare dependent on per- mission by the Federal Air Office, the taking of aerial photographs and the publication thereof and the transportation by air of certain objects. Article 15 4. Special safety measures. When necessary, special safety mea- sures shall be ordered by the Federal Air Office either in the course of one of the permissions provided for in Articles 13 or 14, or in the form of a separate decision. Article 16 5. Inspection. The supervisory authorities shall always have the right to inspect aircraft and their contents, and to verify all docu- ments which they must possess. Article 17 6. Landing outside authorized airports. When an aircraft lands outside an authorized airport, the commander or, if there be npne, the pilot, must request instructions from the air police through the local authorities. Until such instructions arrive, the aircraft, its oc- cupants and its contents shall remain under the supervision of the local authorities. This provision shall also apply to non-dirigible aircraft. The Federal Air Office may make exceptions for flights for pur- poses of instruction, for flights of balloons, glider flight and aero- nautical exhibitions. PAGENO="0960" 2362 .-~~iR LAWS AXD TREATIES OF THE WORLD Article 18 II. Duty to land. Any aircraft may be ordered to land f~r reasons of public order and safety. It must immediately obey the signals ordering it to land. Any aircraft which unlawfully uses the Swiss airspace must land on the nearest customs airport in order to be put under the control of the authorities of jurisdiction. It shall remain impounded until~ permission for it to fly is given by the Federal Air Office. Article 19 III. Signal service. The Federal Air Office shall prescribe rules concerning the signal service. Article 20 IV. Navigation on, and above, waterways. The Department of the Post Office and Railroads shall prescribe special rules for the- use of Swiss waterways and the airspace above them by aircraft, with due consideration of the interests of shipping. The Cantonal gov- ernments concerned shall be heard in advance. Article 21 V. Exercise of air police power. The exercise of air police power- shall belong to the authorities designated by the Federal Council. The general police powers of the Federal Government and of those of the Cantons over airports and other areas of the land used for air- navigation shall not thereby be affected. Article 22 VI. Accidents of aircraft. 1. Rescue service. The Federal Air Office may prescribe ru1es for the organization of the rescue service in case of accidents of aircraft. Article 23 2a 2. First measures. Accidents of aircraft shall be reported by the fastest means aVaiTal)le to the Federal Post and Railway Department; such tiutv shall l~e inculIll)eIlt upon the flight personnel concerned, the air l)Olice and the local authorities. The local authorities shall take care that, except for necessary salvage and rescue operations, no changes are made at the place of the accident which might hinder the investigation. Article 24 3. Xi r lc(i(ient iii vest i~ations. a. General provisions. An air ac- ilent i11\est i~at ion shall he made in order to clarify the circunistances and ~uises of air acidents. t 21~ inciiinlv- \vt-ri amended by Law of October 2. 1959. pub. in Sammiung In r///qnio~~i~( /n~~ (I(.~cf~ 190. PAGENO="0961" AID LAWS ANI) Tln;ATI1:s OF THE \VORLI) 2363 `Flie Fe(leIal (`oi~iici I shall issue regulations concerning organization aiul proce(1111t' n itli in t lie framework of the lollowing provisions. It~ may extend their 11)1)1 ication to serious sitii;it ions \Vh i(i1 (li( 1 not termi- late jil an acci dent. Tue form and applicabil itv of investigations shall he sul)Ject to the provisions on }edeial ~rinii iial 1)ro(edure unless they are l)lirsued by the Cantonal authorities in accordance with (1atonal law. Jlnis(hi(tioli is reserved to tile Cantonal authorities for civil and (rinuinal pioceedhings. The Federal Government shall bear the cost of investigations. Re- course may 1 )C had against 1e1sons who caused an accident intentionally 01 1 ~` gross i iegl igence. Article 20 1). Bureau for au accident investi~uitio1is. A bureau for air acci- (lent investigations shall be estal)l islied ill tile Federal Post and Rail- way Department. Ti ie bu rea ii for air a cci dent in vest iga tions shall make a preliminary invest iuation in coi' junction with the competent authorities of the (~anton where the accident occurred. The burea ii for air accident investigations may ask p11 vate eXl)ertS to con dii ct pie] i miii a rv in vest igat ions. Article 26 c. Commission of investigation. rI~he Federal Council shall estab- lish a Federal commission for air accident investigation which shall consist of a chairman, a vice chairman and three other members. The commission shall have the task of examining the accident re- ports of the bureau for air accident investigations in regard to com- pleteness and conclusions and of making a final report to the Federal Post and Railway 1)epartment. It may also make to the latter recom- mendations for the improvement of flight safety. The chairman of the commission shall decide on complaints regard- ing official acts and delay in conducting preliminary investigations. In cases of serious accidents which occur in commercial transporta- tion of persons, or in whose clarufication there exists a particular public interest.~ the proceedings of the commission shall be public. The final i tivestigation reports shall be published. Any person who shows a legal interest may have access to the files of completed accident investigations. The Federal Council shall determine the cases in which the principle of public j)roceedings and access to the files may I)e limited for im- portant reasons. Article 27 VII. Commercial air navigation. 1. License. a. Duty. The commercial transportation of persons and goods by scheduled air lines shall be subject to a license. 30-737 0- 65-vol. II-61 PAGENO="0962" 2364 AIR LAWS AND TREATIES OF THE WORLD Article 28 b. Jurisdiction and procedure.. The license shall be granted by the Department of the Post Office and Railroads. An application therefor shall be submitted to it, together with supporting documents and other documentation required in the. Regulations.3 Before a decision on an application for a license is made, the govern- ments of the Cantons concerned and the public transportation enter- prises whose interests are affected by the project must be consulted. Article 29 c. Contents of the license. The license must contain, in particular, provisions concerning its duration, location of the enterprise, kinds of activities, and, further, in the. case of Swiss enterprises, concerning measures of insurance for the benefit of its employees, the status of its reserves and conditions of possible purchase by the Federal Government. Article 30 d. Duties of the licensees. Duty to provide transportation shall exist for the licensees only within the limits of the license. Licensees must submit. to t.he Federal Air Office for approval the technical and economic facts necessary for the exercise of supervision, as well as their timetables and rates. Article 31 e. Purchase by the Federal Government. The Federal Government shall have the right. t.o purchase for a consideration and under condi- tions which must. be stated in the license, any Swiss enterprise of air transportation that. is the beneficiary of a. license. In case of disagreement on the amount of the consideration, the Federal Court shall decide as the court. of sole jurisdiction. Article 32 f. Transfer of license. The transfer of a license to another shall be subject to the approval of the Department. of the Post Office and Railroads; it. shall have legal validity only after such approval. The same shall apply in regard to the transfer of certain rights and duties of the licensee. The licensee shall remain liable for the fulfill- ment of the duties arising from the license. Before giving its approval, the Department of the Post Office and Railroads shall consult the Cantonal governments concerned. 3 In th~ original French, the term l'ordonnance d'éxécution" Is used. This term must refer to Articles 139 to 142 of the `Règlernent dExécutlon" of June 5, 1950, which deala with applications for a license. The "Ordonnance" of the same date deals only with the commission on navigation. Ed. PAGENO="0963" AI1~ LA~VS AND TllL\TiI~ OF TI-LI: WORLD 2365 Article 33 2. Permissions. Commercial flights of any kind other than pro- vided for in Article 27 may be made, and schools for the training of flight personnel may be conducted only by virtue of a special permis- sion from the Federal Air Office. Article 34 3. Domestic carriage.4 Commercial transportation of persons and goods by aircraft between two points in Swiss territory shall, in principle, be reserved to Swiss enterprises. Article 35 4. Foreign enterprises. Reciprocity. In regard to foreign enter- prises, the permissions provided for in Article 33 and the exceptions to the rule established in Article 34 may be made subject to the condi- tion that the foreign state grant reciprocity. CHAPTER III-GROUND INSTALLATIONS Article 36 I. Airports. 1. Jurisdiction. The Federal Council shall make de- tailed rules concerning the establishment and operation of airports for airplanes and seaplanes. Article 37 2. License and authorization for airports. Airports open to public navigation may he established and operated only by virtue of a li- cense which shall be granted by the Department- of the Post Office and Railroads. For the establishment and operation of all other airports, authori- zation by the Federal Air Office shall be required. The governments of the Cantons concerned shall be heard before the granting of a license or the delivery of an authorization. A responsible supervisor shall be designated for each airport. Article 38 3. Right of use. To the extent that military interests permit, air- ports belonging to the Federal Government shall also be open to civil aviation. Aircraft in the service of the- army, the customs and the police may use, without payment of a fee, civil airports supported by the Federal Government when no disturbance of civil aviation results therefrom. Special arrangements regulating the exercise of the rights men- tioned in paragraphs 1 and 2 shall not thereby be affected. In the original French, the term "cabotage", usually meaning `coastwise trade" Is used. Ed. PAGENO="0964" 2366 AIR ~ AYD THI;ATIF:~ oF THE WORLD Article 39 4. Airport fees. Airport fees shall be submitted for the approval of the Federal Air Office. Article 40 II. Service of air safety. The Federal Air Office shall organize a service of air safety. This service shall include in particular the transmission of messages, traffic control, aids to navigation, aeronautical weather services and the marking of flight obstructions. Article 41 III. Flight obstructions. The Federal Council may prescribe rules to prevent~ the creation of flight obstructions, to remove such obstruc- tions, or to adapt them to the requirements of the safety of air navigation. The federal laws on expropriation shall apply to complete or par- tial removal of flight. obstructions that existed before these provisions were enacted. Article 42 IV. Restrict.ions on realty. 1. Use without. compensation. The Federal Government and the grantees of an airport license shall have the right to gratuitous use of public or private property for installa- tions of the safety service, provided the normal use of such real prop- erty, such building or such installations, is not. hampered. However, any damage resulting from the construction and main- tenance of installations of the safety service must be repaired. Article 43 2. Restriction on the right to build, a. Public airports. The Fed- eral Council shall be auhorized to provide in an ordinance that no buildings may be erected or other installations be established within a determined area around airports or installations of the safety serv- ice or at a determined distance from air routes except when they constitute no danger to air navigation and when the Federal Air Office, in agreement with the other agencies concerned, has approved the plans in advance. Before application of the ordinance, the plans showing the extent of the restrictions on the right to build imposed for the benefit of an airport, of an installation of the safety service, or of an air route, must be publicly deposited, and a time limit must be fixed within which obj~t ions may be entered. The Federal Laws on Expropriation shall apply to deposit of the plans. to opposition proceedings, and to indemnity claims of the in- terested parties. Article 44 b. Private airports. Article 43 shall not apply to private airports. When the Federal Air Office considers a safety zone necessary, its creation shall be accomplished by the purchase of land and by the PAGENO="0965" AIR LAWS AND TREATIES OF THE WORLD 2367 imposition of servitudes of the kind used in private law. Authoriza- tion to operate an airport must be refused when no solution that is completely satisfactory from the point of view of air safety can be arrived at in this manner. Article 45 V. Sharing of costs. 1. Operator of an airport. Except as pro- vide~d in Article 101, the operator of an airport shall bear the cost of establishing, operating and maintaining the airport. Furthermore, the following shall be at his expense insofar as there is any relationship to the use of the airport by aircraft: a. The cost of installations for the safety service and of their use; b. The cost of eliminating flight obstructions or of adapting them; c. Compensation due for restrictions imposed on the right to build in order to facilitate use of an airport. Article 46 2. Enterprises of air transportation. Unusual costs for the safety service caused by the operation of particular airlines may also be charged to the enterprises of air transportation concerned. Article 47 3. Third parties. If third parties subsequently build any installa- tions, they shall bear the whole expense incurred in adapting such installations to the necessities of the safety of air navigation, except as provided in Article 101, second paragraph. Article 48 4. Federal Government. Other costs of the safety service and the elimination or adaptation of flight obstructions shall be borne by the Federal Government. Article 49 VI. Jurisdiction and procedure. The Federal Council shall desig- nate the authorities of jurisdiction and regulate tile procedure: a. For adjudication of actions relating to gratuitous use of real property under Article 42, first~ paragraph; b. For adjudication of actions for damage payments under Article 42, second paragraph; c. For adjudication of actions relating to sharing expenses un- der Articles 45 to 48 Judgments rendered by tile highest appeals authorities designated by the Federal Council may be brought before tile Federal Court by way of an administrative appeal. Article 50 VII. Expropriation. For the eStal)li~hflle1~1t and operation of air- ports, the Federal Council may exercise. or confer upon third parties, the right of expropriation in accordance with the Federal Law on Expropriation. PAGENO="0966" 2368 un i~~vs AND TREATIES OF THE WORLD The right of expropriation may also be exercised, or conferred for, installations of tile safety service when the rights provided for in Articles 42 and 43 are insufficient. SECOND TIThE-AIRCR~FT AND AIR PERSONNEL ChAPTER I-AIRCRAFT Article 51 I. Classification. The Federal Council shall make rules for the classification of aircraft. - ~ particular, it shall define aircraft which shall be deemed Swiss State. aircraft. Article 52 II. Register. 1. General conditions for registration. The Fed- eral Air Office shall keep the Swiss register. Except as provided in Articles 53 and 54, an aircraft may be regis- tered in the Swiss register only: a. When it is recognized as airworthy by an official inspection agency b. When it is not registered in the register of another State; c. When it is the property of Swiss nationals, of Swiss corpora- tions or cooperatives, of Swiss associations, or of Swiss public institutions or establishments. The Federal Council shall make detailed rules concerning condi- tions, contents, changes in, and cancellation of registrations. Article 53 2. Aircraft belonging to Swiss corporations and associations. Any aircraft belonging to Swiss corporations and cooperatives may be registered in the Swiss register only: a. When the corporation or cooperative, is registered in the commercial register in Switzerland b. When all stockholders or association members who are per- sonally liable, and at least two-thirds of the others, are Swiss citizens; c. When the president and two-thirds of the members of the board and of the. directors of the corporation are Swiss citizens and domiciled in Switzerland. Any aircraft that belongs to an association may be registered only when two-thirds of its menil)ers are Swiss citizens and when the presi- dent and two-thirds of the members of the committee are Swiss citi- zens and domiciled in Switzerland. Article 54 3. Foreign aircraft. Any aircraft which is the property of a na- tional of a foreign state may be registered in the Swiss Register when it has its home port in Switzerland and when its owner is domiciled in Switzerland. PAGENO="0967" AIR LA\V~ ANI) TRvATII;-~ ~F THE \VORLf) 2369 Article 55 4. Legal consequences. Any aircraft registered in the Swiss Reg- ister shall be deemed Swiss. Article 56 III. Certificates. For all aircraft registered in the Swiss Register the Federal Air Office shall deliver certificates attesting their regis- tration, their airworthiness, and their clearance for flight. Such certificates must contain all information necessary to establish the identity of the aircraft. Certificates of clearance for flight may be given to applicants only when they prove that the guarantee required by this law for coverage of civil liability has been furnished. The Federal Council shall make rules concerning the duration of the validity of the certificates, their renewal and their withdrawal. Article 57 IV. Crew and equipment. The Federal Air Office shall make rules concerning the members of the crew and the equipment of aircraft flying in Switzerland, and concerning the flight, papers which such aircraft must carry. International agreements shall not thereby be affected. Article 58 V. Inspection for airworthiness. All aircraft must be inspected for airworthiness: a. Before registration in the Swiss Register; b. After a period of time fixed by the Federal Air Office; c. `When certain circumstances, such as, for example, an acci- dent or serious damage, make an inspection advisable. The Federal Air Office may also subject. foreign aircraft to a techni- cal inspection whenever it is in doubt about its airworthiness. The Federal Air Office shall determine the nature and the extent of the inspection for airworthiness. The operator of the aircraft shall bear the expense of t.he inspection. Article 59 VI. Markings. All aircraft flying in the Swiss airspace must bear distinctive and clearly visible markings. The Federal Air Office shall determine the kind of markings if it is not regulated in international agreements. CHAPTER 11-AIR PERSONNEL Article 60 I. Licenses. Aircraft pilots and other personnel, indispensable for the operation of an aircraft, especially navigators, flight, radio oper- ators and engineers, and persons training as air personnel, must pos- sess, and periodically renew, a license from the Federal Air Office, in order to carry out their functions. PAGENO="0968" 2370 AlL? LAW~ AND TEI:ATlE~ OF THE WORLD The Federal Council shall determine other categories of the, air personnel for whom the possession of a license is required. It shall make rules for the granting, the renewal and the with- drawal of the licenses. Article 61 II. Student licenses. Any person who wants to train for a func- tion for which a license is obligatory under Article 60, must have a. student license delivered by the Federal Air Office. The Federal Air Office shall make provisions regulating the grant- ing, the withdrawal, and the validity of such student license.. Article 62 III. Foreign certificates. The Federal Air Office shall rule on the validity of foreign certificates unless international agreements are applicable. It shall have the right to refuse recognition for flight in the Swiss airspace to certificates delivered to a Swiss national by a foreign state Article 63 J\T* Rights and duties of air personnel. The Federal Council shall determine, in the ordinance for the application [of this law] or in special regulations, what the rights and duties of air personnel are within the limits of international agreements and of the federal laws. Working conditions shall be regulated by contract. SECOND PART-LEGAL RELATIONSHIPS RESULTING FROM THE PRACTICE OF AIR NAVIGATION FIRST TITLE-CIVIL LIABILITY TOWARD THIRD PERSONS Article 64 I. Extent of damage payments. 1. Principles. The damage caused by an aircraft in flight to persons and property on the ground shall give rise to a right to damages against the operator of the air- craft if it is established that the damage has occurred and that it has been caused by the aircraft. In this provision shall be included: a. Damage caused by an object of any kind falling from the aircraft, even in the case of jettisoning of prescribed ballast or jettisoning in an emergency; b. Damage caused by any person whatever on board an air- craft. The operator shall be liable only up to the amount of the guarantee which he must furnish in application of Articles 70 and 71, if such person is not part of the crew. The aircraft shall be deemed in flight from the beginning of take- off operations until the end of the operations of arrival. Article 65 2. Fnlawful use. Any person who makes use of an aircraft with- out the consent of the operator shall be liable for the damage caused. The operator shall also be liable but only up to the amount of the guarantee which he must furnish in application of Articles 70 and 71. PAGENO="0969" AIR LA\VS AND TREATII~ OF THE \VORLD 2371 Article 66 3. Collision. In the case of damage caused on the ground by the collision of two or more aircraft, the operators of such aircraft shall be jointly liable to third persons who have suffered damage. Article 67 TI. Venue. Venue in actions for payment of damages shall be, at the choice of t.he plaintiff: in the court of the domicile of the defendant or, in the court at the place where the damage has been caused. Article 68 III. Statute of limitations. No such actions shall be maintained after one year counting from the date when the damage occurred. When the injured person proves that he could not know either of the damage, of its extent, or of the person liable therefor, the statute of limitations shall begin to run from the day when he could have had knowledge thereof. In all events, no action shall be maintained after three years from the date when the damage occurred. Article 69 IV. Reservation of contractual right. The provisions of this title shall not apply to damages caused on the ground when payment there- for is subject to a contract between the injured person and the person who is liable under the provisions of this law. Article 70 V. Guarantee to cover civil liability. 1. Duty to insure. Except as provided in Article 71, any operator of an aircraft registered in the Swiss Register shall be insured against the consequences of his liabil- ityto third persons with an insurance company that has been author- ized by the Federal Council to do business in Switzerland in this kind of insurance. The insurance must also cover the liability of the persons entrusted by the operator with the operation of the aircraft or with other flight services in regard to damages caused to third persons in the exercise of their professional activity in the service of the operator. Article 71 2. Deposit and bond. The guarantee against losses may also consist of the deposit of securities that are easily negotiable at the public treasury or at a bank accepted by the Federal Air Office, or of a general collateral [cautionnement solidaire] by such a bank or insurance com- pany authorized by the Federal Council to do insurance business in Switzerland. The actual surety and the collateral must be replenished as soon as the amounts they represent are susceptible of being diminished by the amount of an indemnity. PAGENO="0970" 2372 AIR LAWN AND THF:ATIES OF THE WORLD Article 72 3. Aircraft of the Federal Government and the Cantons. The Fed- eral Government and the Cantons shall not have to furnish a guaran- tee for their aircraft. Article 73 4. Foreign aircraft. The duty to furnish a guarantee for foreign aircraft shall be governed by international agreements. In the ab- sence of such agreements, the Federal Air Office may make [permission to] use Swiss airspace contingent. on the prior furnishing of a guarantee. Article 74 5. Rules for execution. The Federal Council shall make rules con- cerning the furnishing of guarantees, especially concerning their amount and delivery of official attestations as to the kind, amount and duration of validity of the guarantees furnished. SECOND TITLE-THE LAW OF AIR TRANSPORTATION Article 75 I. Regulation of air transportation. The Federal Council, after hearing the Commission for Air Navigation, shall issue regulations for air transportation which shall govern the transportation of per- sons and baggage., of goods and animals, including civil liability of a carrier to passengers and to shippers. It shall take as a basis there- for the principles of the Warsaw Convention of October 12, 1929 on international transportation by air. For domestic. traffic the Federal Council may simplify the shipping formalities. The regulations for air transportation must be approved by the Federal Assembly. Article 76 II. Reservation of postal laws. The special provisions of the postal laws for transportation of postal shipments by air shall not. thereby be affected. THIRD TITLE-GENER%J, PROVISIONS ON CIVIL LIABILITY Article 77 I. Federal insurance in case of accidents. `When the victim of an accident caused by an aircraft has been insured with the Swiss na- tional accident insurance [cai~8e `nationale sui~se d'assurance en ca~ d'aecidents], his rights shall be determined under the federal accident insurance laws. The national insurance may recoup any payments from the persons who are civilly liable and from the insurer, in ac- cordance with Article 100 of the Law' on Insurance in Cases of Sick- ness and Accidents. Any more extensive rights of the victim or his survivors arising from an accident caused by an aircraft. shall remain intact. PAGENO="0971" AIl~ L\\VS :\\I) TiiA~I' ii:~ ~l Till: WOl~L1) 2373 Article 78 I. Military insurance. `When a person covered by military insur- ance is the victim of an accident caused by the use of a Swiss military aircraft, the federal laws on military insurance alone shall be ap- plicable. Article 79 III. Contractual rights [droits de8 obligatioms]. Insofar as Arti- cles 64 to 78 and the rules issued by the Federal Council in applica- tion thereof do n~f provide otherwise, the provisions of the Federal Code of Obligations shall I)e applicable. FOIJRTH TITLE-ATTACHMENT OF AIRCRAFr Article 80 I. Definitions. In the following Articles, attachment shall mean any act, of whatever name, by which an aircraft is seized, for a private interest, for the benefit of a creditor, a proprietor or titleholder of an actual right in the aircraft, where the person making the attachment cannot produce an executory judgment, previously obtained under the regular procedure, or an equivalent writ of execution. Article 81 II. Exemption. The following shall be exempt from attachment: a. Aircraft used exclusively in the service of the State; b. Aircraft~ actually in service on a scheduled public airline and necessary reserve aircraft; c. Any other ~~ircraft used for transportation of persons or goods for hire, when it~ is ready to depart in such transportation, except in the case of a debt incurred for the trip it will undertake or of an amount that has become due in the course of the trip. The provisions of this article shall not apply to an attachment by the proprietor of an aircraft who has been unlawfully dispossessed thereof. Article 82 III. Avoidance of attachment by furnishing a guarantee. A suffi- cient guarantee shall prevent attachment or shall give the right to have it lifted immediately. Such guarantee shall be deemed sufficient if it covers the amount of the debt~ and the costs, and if it is made exclusively for payment of the creditor, or if it covers the value of the aircraft in case such value is lower than the. amount of the debt and the costs. Article 83 IV. Procedure. In all cases a request fc~r the lifting of the attach- ment shall be decided on by a summary and speedy procedure. The Cantonal governments, by means of an ordinance, shall issue necessary rules in regard to procedure; such rules must be submitted to the Federal Council for its approval. PAGENO="0972" 2374 AIR LAWS AND TREATIES OF THE WORLD Article 84 V. Duty to make reparation for the damage caused by an un- justified attachment. `When an attachment has been made of an air- craft which is non-attachable under the provisions of this law or when the debtor has had to furnish a guarantee in order to avoid the attachment~ or to have it lifted, the person making the attachment shall be liable under the Code of Obligations for the damage arising to the operator or the proprietor. The same rule shall apply in the case of an attachment made without just cause. A demand for reparation for the damage shall be submitted either to the court of the domicile of the defendant~ or to the court of the place where the attachment was made. Article 85 VI. Exceptions. The preceding provisions shall not apply to pre- ventive measures taken under the bankruptcy laws, under the admin- istrative law, or under the criminal law. Article 86 VII. Foreign aircraft. Articles 80 to 85 shall also be applicable to foreign aircraft when the State in whose register they are regis- tered, assures reciprocity. Article 87 VIII. Protection of industrial property rights. The agreements concerning industrial property rights shall not thereby be affected. FIFTh TITLE-CRIMINAL PROVISIONS CHAPTER I-VIOLATIONS Article 88 I. Crimes. 1. Prohibition to fly. Any person who, in violation of a prohibition to fly issued under Article 7, intentionally enters the air space by means of flight, or leaves Switzerland in such manner, or flies over a I)IOliibited area, shall be punished by imprisonment up to one year or by a fine up to ten thousand francs. When the person committing the unlawful act has also violated the provisions of Article 18 concerning the duty to land, the penalty shall be imprisonment up to two years and a fine up to twenty thou- sand francs. When the person committing the unlawful act has acted negligently, the penalty shall be imprisonment up to six months or a fine up to five thousand francs. Article 89 2. Piloting an aircraft bearing false markings. Any person who intentionally pilots, or causes to be piloted, an aircraft bearing false or falsified markings, or one not bearing the markings prescribed in Article 59, shall be punished by imprisonment up to five years and by a fine up to twenty thousand francs. PAGENO="0973" AIR LAWS AND TREATIES OF THE WORLD 2375 in less serious cases a judge may simply levy a fine. If the person committing the unlawful act has acted negligently, the penalty shall be imprisonment up to six months or a fine up to ten thousand francs. A person who pilots, or causes to be piloted, outside of Switzerland, any aircraft unlawfully bearing Swiss markings, shall also be subject to punishment. Article' 4, second paragraph, of the Criminal Code shall be applicable. Article 90 3. Creating a danger by air navigation. Any person who, during a flight, as aircraft commander, member of the crew, or passenger, intentionally violates the rules of law or the recognized flight rules and thus knowingly endangers the person or the property of third parties on the ground, shall be punished by imprisonment up to three years. If the person committing the unlawful act has acted negligently, the penalty shall be imprisonment up to six months or a fine up to ten thousand francs. - - Article 91 II. Misdemeanors. Any person who violates this law, the regula- tions issued in application thereof, or the provisions of an agreement concerning air navigation, particularly the rules concerning air traffic, air police, ground installations, airc.raft, or air personnel, shall be punished by arrest up to three months or a fine up to two thousand francs. Article 92 III. Administrative measures. 1. General. If there is a violation of the provisions of this law or the ordinances and other rules issued for its application by the authorities of jurisdiction or of the pro- visions of agreements concerning air navigation, the Federal Air Office may, independent of the institution and the outcome of any criminal proceedings, pronounce the following: a. Temporary or permanent withdrawal of authorizations, licenses and certificates, or the restriction of their extent; b. Impounding of aircraft whose further use would endanger public safety, or whose misuse may be expected. Article 93 2. Withdrawal of licenses. A license accorded under Articles 27 or 37 may be withdrawn at any time without compensation in the case of a serious or repeated violation of his duties by the grantee. Article 94 IV. Legal persons and corporations. When punishable acts are committed in the administration of a legal person or a corporation, the criminal provisions shall apply to the persons who acted or should have acted on its behalf, and the legal person or corporat ion shall be jointly liable for the payment of the fine and the costs. PAGENO="0974" 2376 AIR LA\V~ A\[) TREATIES OF THE WORL1) Article 95 V. Criminal Code. The provisions of the Criminal Code shall be additionally applicable. ChAPTER TI-APPLICATION AND CRIMINAL PROCEEDINGS Article 96 I. Applicability of the criminal provisions as to place. 1. Prin- ciple. Except for Articles S9, fourth paragraph, and 97, or Articles 4 to 6 of the Criminal Code, the criminal provisions shall be applicable only to a person who has committed a punishable act in Switzerland. Article 97 2. Aircraft outside Switzerland. The provisions of the Swiss criminal law shall apply to acts committed outside Switzerland on l)oard a Swiss aircraft employed in commercial traffic, when the per- son who committed the act is in Switzerland and has not been extra- dited or when he has been extradited to the Federal Government be- cause of such act. This rule shall also apply to violations of provisions of an agree- ment concerning air navigation concluded by Switzerland, when the aircraft is not employed in commercial traffic. The members of the crew of a Swiss aircraft employed in commer- cial traffic shall always be subject to the Swiss criminal law when they have committed such act on board the aircraft. or in the accomplish- ment of their professional functions. Article 4. second paragraph, of the Criminal Code shall apply. Article 98 II. Jurisdiction. Crimes and felonies committed on board an aircraft shall be subject to the criminal jurisdiction of the Federal Government. Misdemeanors mentioned in Article 91 shall be prosecuted and ad- judged by the Federal Air Office in accordance with the provisions of the fifth part of the Federal Law on Criminal Procedure of June 15, 1934. \Vhen punishable acts have, been committed on l?oard a foreign air- craft over Switzerland or on board a. Swiss aircraft outside Switzer- land, the authority that has jurisdiction under the Federal Law on Criminal Procedure may forego the institution of criminal pro- ceedings. Article 99 III. Powers of the Commander. `When a crime or a felony is committed in Switzerland or outside Switzerland on board a Swiss aircraft employed in commercial traffic, the commander must obtain and assure proof thereof. TJntil the arrival of the authority of jurisdiction, he shall under- take to make all inquiries that should not suffer any delay, and, if necessary, shall temporarily arrest. the suspects, search the passengers PAGENO="0975" AIR LA\V~ AND TRF;\T I i;~ OF THE WORLI) 2377 and members of the crew and impound any objects that may serve as proof. Articles 62 to 64, 65, 69, and 74 to 85 of the Federal Law on Criminal Procedure of June 15. 1934 pertaining to temporary arrest, impounding, securing of papers and interrogation of witnesses shall be applicable by analogy. \%rhen, after the facts have been established, the aircraft lands abroad, the Swiss consul at the locality of the place of landing must be informed; and instructions shall be asked of him. After the end of the trip, the commander shall sul)mit a written report to the Federal Air Office concerning the facts and the investi- gation. Article 100 IV. Compulsory information. All police or judicial authorities shall inform the Federal Air Office of an punishable fact that may lead to withdrawal of authorizations, licenses and certificates in the sense of Article 92. THIRD PART-DEVELOPMENT OF AIR NAVIGATION Article 101 I. Payments by the Federal Government. Insofar as Switzerland or a considerable part thereof is interested therein, the Federal Gov- ernment may support air navigation by subsidies and. loans, in particular: a. The operation of scheduled air lines; b. The creation and operation of airports, of installations of air safety, and the application of all other measures of air safety; c. The training of air personnel, including that of the service of air safety. When new and necessary installations cannot be adapted to the safety of air navigation in accordance with Article 47 without addi- tional expenditures, the Federal Government may, in exceptional cases, alleviate such expenditures by a subsidy. In all cases, the financial status of the beneficiary of federal pay- ments shall be taken into consideration. Article 102 II. Holding of shares. The Federal Government may own shares in enterprises operating airports and in enterprises of air transpor- tation provided this is in the general interest. Article 103 III. Mixed corporations. The domestic, continental, or intercon- tinental air service which is declared of general interest by the De- partment of the Post Office and Railroads, shall be operated by a Swiss air transportation company of mixed character, in which the Federal Government has a financial interest. The cantons and corn- inunities may also own shares in such an enterprise. The charter of such corporation shall he submitted to the Federal Council for its approval. PAGENO="0976" 2378 AIi~ ~ ~cD Tfl F:ATIE~ OF THE WORLD FOURTH PART-APPLICATION AND FINAL PROVISIONS Article 104 I. Reservation of laws on telegraph and telephone. Radioelectric stations may not be established and operated without a license from the Administration of the Post Office, Telegraph and Telephones. Radioelectric stations may be used only by persons to whom the administration of the Post~ Office, Telegraphs and Telephones has granted a certificate of fitness in accordance with the provisions of law. Article 105 II. Reservation of customs laws. The provisions of the customs law shall be reserved. The operators of airports shall provide the office facilities necessary for customs formalities. Article 106 III. Application of the law to military aircraft. 1. General. The Federal (xovernment shall be liable oniy under Articles 64 to 74, and 77 to 79, for damages caused by a Swiss military aircraft to persons and property on the ground. Otherwise this law shall apply to military aircraft only to the ex- tent that it has expressly been declared applicable to them by the Federal Council. Article 107 Rules for flight safety and ordinance concerning signals. The service concerned within the military department, in agreement with the Federal Air Office, shall take the. measures necessary for the obser- vation by use of military aircraft of the rules issued in the interest of flight safety and of those which concern signals. When these rules are determined by international agreements concluded by Switzer- land, they shall fully apply to such military use. Article 108 IV. Special rules. The Federal Council may declare that certain provisions of this law shall not apply: a. To aircraft of the State that~ are not military aircraft; b. To private aircraft that are not airplanes. If the circumstances warrant, it may establish special rules for such categories of aircraft. However, measures of the Federal Coun- cil may not be in derogation of the provisions concerning civil liability and of the criminal provisions of this law. PAGENO="0977" AIU LA\V~ AND Tl~EAT ii:~ OF TIlE WORLD 2379 Article 100 V. Application of international agreements and adaptation to tech- rucal developments. Prior to regulation by law, the Federal Council shall be authorized to take any measures providing for: a. The application of international agreements relating to air navigation that have been approved by the Federal Congress; b. The application of the rules contained in such agreements to ~ir flight in Switzerland; c. The application of technical innovations in the field of air navigation. Article 110 \TJ Repealing clause. All conflicting provisions shall be repealed as of the date when this law takes effect, particularly: a. The order of the Federal Council of January 27, 1920 con- cerning the regulation of air flight in Switzerland and the provi- sions for application thereof issued by the Department of the Post Office and Railroads and the Air Office; b. The regulations of the Federal Council of January 24, 1921 concerning flight of aircraft above, and on, water. Article 111 VII. Effective date; application. The Federal Council shall set the date when this law will take effect; it shall be in charge of its application.~ 6 On June 5, 1950, the Federal Council issued regulations concerning the application of the Law on Air Navigation (Reglement d'ex~cution de la loi sur la navigation a~r1enne), also published in Recueil des Lois Fdddrales, No. 19, June 6, 1950, p. 517. The chapters of these Regulations are entitled as follows : A. Aircraft B. Air personnel ; C. Ground installations D. Police regulations; E. Commercial air navigation F. Liability to third persons on the ground; G. Administrative provisions; H. Transitory and final provisions. Ihe Regulations took effect on June 15, 1950. These regulations were amended by Reso- lution of the Federal Council of December 2, 1960, published in Sammiung der eidge- nö~sis~chen Gesetze, No. 51, December 15, 196G-On October 7, 1959, the Federal Law concerning the Aircraft Register was passed. It is published in Sammiung, etc., No. 44, November 8, i~60. In addition, there is an ordinance concerning the Commission for Air Navigation of June 5, 1950, establishing and determining the jurisdiction of that commission. The effective date is also June 15, 1950. The Mortgage Convention was ratified by Switzerland with effect of January 1, 1961. See Sammiung, etc., No. 44, November 8. 1960, p. 1258. 39-737 0-65-vol. II--62 PAGENO="0978" 2380 MR LAWS AND TREATIES OF THE WORLD FEDERAL L~~w AMENDING THE AVIATION LAW, OF JuNE 14, 1963.1 I. The Federal Law of December 21, 1948 On Air Navigation (Avia- tion Law) is hereby amended as follows Art. 8. 2. Airports and air routes. Except as otherwise provided by the Federal Council, take-offs and landings may be made only at airports. For landings of power driven aircraft outside an airport a per- mit, to be granted in a specific case or for a specific time, shall be required. Landings outside an airport in the mountains, for purposes of training or practice. or for the transportation of tourists may be made only at airfields which have been designated by the Federal Department of Transportation and Electric Power (Verkehrsund Energiewirtscliaftsdepartement) in agreement with the Federal Department of the Armed Forces and the competent Cantonal au- thorities. The number of such airfields must be limited. The Federal Air office may prescribe air routes which must be followed by aircraft. Art. 11. IV. Territorial application of laws. The airspace above Switzerland shall be subject to Swiss law. The Federal Council may permit exceptions for foreign aircraft provided the provisions of this law regarding liability and its criminal provisions are not thereby affected. Swiss law shall apply aboard Swiss aircraft abroad unless the law of the State within, or above which they are, must be applied. The provisions of international agreements, recognized rules of international law and the provision of this law concerning terri- torial application of criminal provisions shall be reserved in all cases. Art. 1~. I. Police regulations. 1. Jurisdiction. The Federal Council shall issue police regulations for the use of the airspace, in particular for the preservation of flight safety and prevention of aircraft noise. Art. 1~. 4. Special provisions. Special police measures, par- ticularly for the preservation of flight safety and for the preven- tion of aircraft noise, shall be taken by the Federal Air Office whenever a permit is issued or by special regulation. Art. 17. 6. Emergency landing. When an aircraft in an emer- gency must land outside an airportS the commander, following the landing, must obtain instructions from the competent air police authorities via the local authorities. Fntil such instructions are received the aircraft, it~s occupants and contents shall remain under the jurisdiction of the local a ut Ii oriti es. Art. 40. II. Service of air safety. The Federal Council shall organize the service of air safety; this service shall include in particular the services of information for traffic, communications, flight weather, and aviation, and the providing of aids to naviga- tion. Civil and military services of flight safety shall be combined insofar as the Federal Council does not permit exceptions. 115 Bunde8blatt, vol. 1, No. 25 (June 27, 1963) 1400. PAGENO="0979" AIR LAWS AND TREATIES OF THE WORLD 2381 Art. 52. II. Aircraft register. 1. General conditions of registra- tion. The Federal Air Office shall keep the Swiss aircraft register. An aircraft may be registered in the Swiss aircraft register only: a. wlieii it has been found airworthy by official inspection; b. when it is not registered in any foreign aircraft register; c. when it is the property of Swiss nationals, Swiss corpo- rations, cooperatives, or associations, or of domestic public in- stitutions or establishments; Aricle 54 shall be reserved. The Federal Council shall make detailed rules concerning con- ditions, contents, changes in, and cancellation of registrations. Art. .54. 3. Foreign aircraft. Aircraft which are the property of foreign nationals, may be registered in the Swiss aircraft register, a. When its owner is a natural person who remains in Switzerland for a considerable period and when the aircraft is intended to be regularly used from a Swiss base; or, b. as an exception and with the permission of the Federal Council, when the aircraft is intended to be used by a Swiss carrier for a considerable period in commercial air trans- portation. II. The Federal Council shall determine the date when this law takes effect. PAGENO="0980" PAGENO="0981" REPUBLIC OF SYRIA Ministry of Public Works and Communications Department of Civil Aviation LEGISLATIVE DECREE NO. 101 of 28th November 1949 LAW REGULATING AIR CIRCULATION AND NAVIGATION OVER SYRIAN TERRITORY 1 The Council of Ministers, By Virtue of the powers vested therein, And in accordance with the proposal of the Minister of Public Works and Communications, And in accordance with the Council of Ministers' Decision No. 251, dated 28th November 1949, Decrees the following: Article 1. The Law attached to this Legislative Decree which regu- lates Air Circulation and Navigation over Syrian territory shall be ratified. Article 2. This Legislative Decree shall be published and notified to the authorities concerned for execution. LAW Regulating Air Circulation and Navigation Over Syrian Territory CHAPTER 1. AIRCRAFT SECTION 1. GENERAL REGULATIONS Article 1. The State has complete and absolute sovereignty over the air space above its territory. Insofar a.s the application of this Law is concerned, the territory of the State includes its territorial waters. Article 2. No aircraft shall fly over Syrian t.errito or 1~ind thercon unless it has obtained permission in accordance with tlie provisions of this Law. Article 3. "Aircraft" includes every machine or apparatus which can become airborne due to the displacement of air. Pub. in Off. Gaz. No. 66, Dee. 12, 1949. English text supplied by the Government of Syria. 2383 PAGENO="0982" 2384 AIR LAWS AND TREATIES OF THE WORLD Art'~cle 4. Aircraft used in Military, Customs and Police services shall l)e deemed to be. State aircraft. Art;cle 5. All aircraft which are not, included in the category of State aircraft shall be deemed to be civil aircraft. SECTION 2. NATIONALITY OF AIRCRAFT Art ide 6. The Ministry of Public Works and Communications shall keep a register which lists the. aircraft possessed by Syrian nationals and by companies or partnerships holding Syrian nationality, pro- vided that. two thirds of the capital of these companies are owned by Syrian nationals and that, in the case of joint stock companies, all the shares are issued in the name of owners and that the. general manager as well as two thirds of the members of the board of directors includ- ing necessarily the chairman, are aliSyrian nationals. No aircraft can be registered unless it holds a Certificate of Air- worthiness. Article 7 The Certificate of Registration shall always be posted in the aircraft in a place where it can be easily noticed by passengers and persons entitled by law- to the right of inspection. Article 8. Every aircraft registered in the aforesaid manner shall acquire Syrian Nationality and shall bear nationality letters and regis- tration markings. The conditions for the granting of Certificates of Registration shall be specified by a decision to be issued by the Minister of Public Works and Communications. Artkle 9. Every aircraft not registered in the Register referred to in Article 6 and not. bearing the nationality letters and registration mark- ings specified in Article S shall be deemed to be a foreign aircraft.. Article 10. Every aircraft registered in the Register referred to in Article 6 shall forfeit Syrian Nationality if the conditions prescribed in that Article are not duly complie.d with or if it. has been registered by its owner in a foreign country. Article ii. An aircraft registered abroad cannot be registered in the Register referred to in Article 6 unless it is proven that. its regis- tration in the foreign register has been cancelled. SECTION 3. OWNERSHIP OF AIRCRAFT Artiele 12. The Register shall include the name and place of resi- dence of the owner and the type, name. a.nd serial number of the air- craft. Article 13. Aircraft are transferable properties insofar as the ap- plication of the law-s and provisions in force in the Republic of Syria is concerned. The transaction of transfer shall include a. document and shall be invalid with respect to the second person or persons unless it has been registered in the Register referred to in Article 6 of this Law. Every transfer of property resulting from death and every verdict providing for the transfer, assignment. or declaration of property shall be recorded in the aforesaid Register a.t. the. request of the new ow-ner. The records of registration shall be pu1lisl~e.d and shall be available for the use of the public. at the offices of the Ministry of Public Works and Communications. PAGENO="0983" AIR LAWS AND TREATIES OF THE WORLD 2385 SECTION 4. SEIZLTRE AND SALE OF AIRCRAFT Artcie 14. The seizure and obligatory sale. of an aircraft shall be effected in accordance with the "Law on Execution of Judgment" ex- cept in cases laid down in Article 27 of the Convention on Interna- tional Civil Aviation concluded in Chicago in 1944. Article 15. If damage is caused by the crash of a foreign aircraft or an aircraft. whose owner re.sides abroad, or if a foreigner violates the provisions of this Law, the. local administrative authorities or the officials referred t.o in Article 85 below can call upon the. police forces to detain the aircraft involved for a period of 72 hours to enable com- petent officials to reach the place. of the accident. and estimate damages. If the accident involves a. violation of the Law the pecuniary penalties as well as other expenses incurred will be assessed. The officials shall order the immediate deposit of the amount. unless a competent guar- antor is provided. If the amount is not deposited nor the guarantor provided, the a.ircraft shall be se.ized until the case is finally settled. In the latter case the owner of the aircraft shall bear all the expenses incurred. Article 16. The public authorities have the right to seize every air- c.ra.ft even though it may be foreign if it does not duly comply with the conditions prescribed in the laws, decisions and regulations in force regarding air circulation or if its pilot has violated these laws. No verdict can be passed for the seizure of an aircraft. except in the cases prescribed in the laws, decisions and regulations in force or those that may be issued in the future. CHAPTER II. AIR CIRCULATION SECTION 1. RIGHT OF NAVIGATION Article 17. Aircraft belonging to the government of a foreign state shall not be allowed to fly over Syrian territory, including territorial w-aters, or to land thereon unless special permission has been granted by the Ministry of Public Works and Communications on the approval of the Ministry of National Defence or in accordance with a prior agreeme.nt and conforming to the provisions of that. permission or agreement. Article 18. No foreign aircraft. capable of l)eing flown wit.hout a pilot, shall have the right, to fly over Syrian territory without a pilot unless special permission has 1.een obtained from the Minister of Public. Works and Communications and the provisions thereto are complied with. Article 19. Foreign civil aircraft shall not. have the. right~to fly over Syrian territory unless the right to overfly is recognized by virt.ue of an international convention or if they are in possession of a special or temporary permit issued by the Ministry of Public Works and Communications. However, foreign civil aircraft., which are entitled t.o the right to overfly as recognized by an international convention, shall be subject to the same reservations and restrictions as those which t.he foreign state t.o which the aircraft belong applies to Syrian aircraft.. PAGENO="0984" 2386 AIR LAWS AND TREATIES OF THE WORLD The Minister of Public Works and Communications shall have the right~ to issue decisions and communiques specifying the procedures in accordance with which these special or temporary permits are granted. Article 20. No scheduled international air services can be established a.nd operated except in accordance with duly ratified international agreements. The Council of Ministers, however, may grant tempo- rary permission for the establishment and operation of scheduled inter- national services upon the proposal of the Minister of Public Works and Communications. Article 21. Commercial transportation by air of passengers or goods between two points within the territory of the Republic of Syria can only be undertaken by persons or establishments bearing Syrian Nationality. No internal air services can be established and operated unless au- thorization is granted by a decree issued by the Council of Ministers and in accordance with its terms. Article 22. Legal relations between passengers on board a foreign aircraft during its flight shall be governed by the laws in force in the aircraft in question provided that the provisions of Artcle 18 of the Syrian Penal Code are taken into consideration. Article 23. If a foreign aircraft is involved in an accident and crashes on Syrian territory, the competent authorities in t.he Republic of Syria shall conduc.t~ the inquiry and investigation into the causes of the accident. The government to which the aircraft belongs, how- ever, shall have the right, to appoint observers to follow the course of the inquiry provided that reciprocal treatment is accorded. Article 24. The right~ of an aircraft to fly over private property shall not be exercised in such a way as t.o hinder t.he owner of the property in question from exercising his rights of ownership. International air services shall follow the routes specified in Article 38 of this Law unless otherwise authorized and in cases of emergency. Article 25. Flights over certain areas of Syrian territory may be prohibited for military reasons or for reasons relating to public se- curity. These areas shall be specified by a decision issued by the Minister of Public Works and Communications, in accordance with the requests of the Minister of Interior or of National Defence. Under special circumstances or in the interest of public security, flight over the whole or any part of Syrian territory may be temporarily and immediately suspended by a decree issued by the Council of Ministers. An aircraft which enters a prohibited area shall transmit the regular signal immediately after it becomes aware of its transgression and shall land at the nearest~ aerodrome outside the prohibited area. If an area is declared in a state of siege and overfiying is prohibited, every aircraft which violates the prohibition shall be seized imme- diately on landing at any point~ in Syrian territory and its occupants shall be brought~ before military courts on charges of espionage if the pilot fails to explain satisfactorily the reasons w-hich compelled him to fly over this area. An aircraft observed flying over a prohibited area, shall, upon the first~ w-arning by shots in the~ air, land at the nearest aerodrome, and, when warning for landing is given, shall immediately reduce speed ~nuI fly nt. n low l~v~1 oth~vwise it may be compelled to do so by force. PAGENO="0985" AIR LAWS AND TREATIES OF THE WORLD 2387 Article 26. Except. in cases of absolute necessity, an aircraft shall not. fly over a town, an inhabited space or a place. of gathering such as sea bat.hs, race. courses, sport grounds, except at such height. as would always enable it to land outside the populated area or at a public aero- drome even though its engines cease. to operate.. This height shall not. be less than 500 metres in the. case of multi- engined aircraft. and not less than TOo metres in the. case of single- engined aircraft. Article 27. Acrobatic flights involving dangerous man~uvres which are unnecessary for the proper operation of the aircraft shall be for- bidden over towns, inhabited areas and places of ga.the.ring or over those places in the aerodromes which are open t.o the public. Article 28. Manceuvre.s of aircraft. designed to perform public dis- plays cannot be undertaken, irrespective of the place. chosen for such performances except. by special permission of the Minister of Public Works and Communications. This permission, however, shall not. exempt. the owners and pilots of the aircraft concerned and the. organizers of the display from act.ing in conformity with the regulations relating to the organization of pub- lic displays. SECTION 2. LANDING OF AIRCRAFT Article 29. Except. in cases of force ma.jeure, aircraft. shall not be allowe.d to land in or depart from any places other than public aero- dromes, aerodromes open to the l)ublic., private landing grounds legally established, or military aerodromes assigned by a decision to be issued by t.he Minister of Public. Works and Communications in agreement with the Minister of National T)e.fence. On their landing at. or at departure from a Public aerodrome or an aerodrome open to the public, pilots of aircraft shall strictly comply with the genera.1 rules of discipline and the special regulations for the aerodrome concerned. Article 30. If an aircraft lands in a private estate the owner of the land involved shall not. have the. right to object. to the removal or de- parture of the aircraft from his land, so long as no decision for its seizure is passed except. in the case referred to in Article 15. SECTION 3. AERODROMES Article 31. Every trac.t of land or surface. of water equipped to shel- ter, t.end and repair aircraft or to handle passengers or goods shall be considered an aerodrome. Article 32. Every tract of land on which landings or t.ake-offs can be effected and which does not possess for public use the facilities required for sheltering and maintaining aircraft or for handling passengers or goods shall be considered a landing ground. Article 33. With respect to their regulations and administration, aerodromes shall be divided into the following three categories: (a) Public Aerodromes administered by the State or Munici- pality, the conditions of use and exploitation of which shall be specified by a decree to be issued by the Council of Ministers. (h) Aerodromes open to the public, licensed in accordance with the provisions of Articles 34 and 35 below. PAGENO="0986" 2388 AIR LAWS AND TREATIES OF THE WORLD (c) Private landing grounds, licensed in accordance with the provisions of Article 36 below. Arti~7e 34. Applications for licences to establish aerodromes shall be submitted to the Ministry of Public Works and Communications. The following documents shall be. attached to the application: 1) A general map showing the site of the aerodrome in rela- tion to neighbouring towns. 2) A map of the aerodrome and its neighbourhood to a distance of 1.000 metres from the boundaries of the aerodrome at a scale not less than 1 /2500. 3) A statement explaining the intended use of the aerodrome. 4) A certified document indicating that its use for the specified purpose has been approved by the owner or owners of the estate. 5) The bylaws of the aerodrome.. The Minister shall have the right to ask for any further information that he deems useful for the consideration of the application. A rtieie 35. The competent Public Works and Communications Serv- ices shall conduct the necessary investigations and approve or refuse the licensing of the aerodrome without giving the motives in case of refusal. An applicant whose application is rejected has the right to refer the question to the Council of Ministers. The decision of this Council is final and not open to litigation before judicial or admin- istrative authorities. The decision granting the licence shall specify the conditions with which the aerodrome and its attached installations shall comply. If (Teemed necessary, the aerodrome shall be denied the right, to admit certain categories of aircraft. The fees t.o be collected from the operators of the aerodrome shall also be spec.ified. The Minister of Public. `Works and Communications shall have the right at any time to require certain alterations to these. aerodromes either in the interest of public security or to make them conform to the rules of air circulation to ensure comfort and safety at t.he aero- drome concerned. Art;c7e 36. Every person in possession of a tract of land or surface of water may apply for its classification as a landing ground for his personal use or for the use of persons whom he may invite to use it. He shall submit an application to the Minister of Public Works and Communications stating his wish to establish a. licensed landing ground. The documents re.ferred to in paragraphs 1, 3 and 4 of Article 34 of this Law shall be attached to this application. The Minister of Public Works and Communications shall grant or refuse the licence applied for without giving the motives in case of refusal. Any refusal shall be made in accordance. with the procedures laid down in paragraph 1 of Article 35 above. On no account shall the i~~~~iis who have established a private landing ground derive any direct or indirect benefit from those pe~~sons whom they may invite to use the. tract of land or surface of water for their aircraft. Signs shall be displayed on landing grounds to identify them and to indicate to pilots whether or not they are. open for public use. These signs shall be specified by a decision to be issued by the Minister of Public Works and Communications. PAGENO="0987" AIR LAWS AND TREATIES OF THE WORLD 2389 Article 37. Persons or companies in possession of a licence to estab- lish an aerodrome shall keep a Register in which they shall record the arrival and departure of aircraft. They shall produce this Register at~ every request of officials of the civil administration or the military forces. The latter shall have the liberty to enter the aerodrome and its att ached installations at any time. Article 38. Lists of customs aerodromes and points where frontiers may be crossed shall be specified by a decision to be issued by the Minister of Public Works and Communications after the approval of the Minister of National Defence. Every aircraft ent.ering Syrian territory shall land at one of these customs aerodromes for examination by the Customs and other authori- ties unless it has been licensed to overfly Syrian territory without landing. Such aircraft shall depart for territory out.side Syria from customs aerodromes. All aircraft whether intending to land on Syrian territory or to overfly Syrian frontiers shall cross Syrian frontiers only at points designated for entry and exit. However, certain categories of aircraft intended for a particular use may be exempted from landing at customs aerodromes by an administrative permit granted in accordance with a decision issued by the Minister of Public Works and Communications. The aero- dromes designated for arrival and departure, the. air routes to be followed and the call-signs to be given on crossing the frontiers shall be specified in the permit. Article *i9. Whenever an aircraft crosses the Syrian frontiers, for reasons beyond its control, violating the provisions of Article 38 of this Law, it shall submit evidence to justify its action and shall land at~ the neare.st~ customs aerodrome on its route. Whenever forced to land outside customs a eroci romes mentioned in the previous Article, the aircraft shall submit evidence to justify its action and its pilot shall notify the customs or security posts which he can most easily reach. He shall not have the right to resume~ his journey by air before these authorities inspect the flight record of his aircraft and the detailed manifest of the cargo. if any. Whenever the aircraft cannot resume its fliulit. it shall remain under the control of the customs authorities. Article 40. Fuel, oils, spare parts and tools carried by foreign air- craft shall be~ exempted from customs fees and other local fees if they are retained in the aircraft on its departure from Syrian territory, pro- vided that these commodities remain under the control of the customs and that reciprocal treatment. is accorded. - spare parts and equipment imported into ~vria to he used by for- eign aircraft engaged in international flights shall also be exempted from customs fees provided that they remain under the control and supervision of the customs and that reciprocal treatment is accorded. SECTION 4. REGULATION OF AIR CIRCULATION Apt e7e 41. Every aircraft~ engaged in air circulation and landing at a Syrian aerodrome shall carry the following (locunlentS (a) Certificate of regist rat ion. PAGENO="0988" 2390 AIR LAWS AND TREATIES OF THE WORLD (b) Certificate of airworthiness. (C) The appropriate licence for each member of the crew each according t.o his qualifications. (d) Journey log book. (e) If it is equipped with radio apparatus, a licence for radio apparatus. (f) If it carries passengers, a list of their names and places of embarkation and destination. (g) If it carries cargo, a manifest and detailed declaration of the cargo. The owner of an aircraft shall keep the aforesaid documents for a period of 3 years as from the date of the last entry. Article 42. An aircraft shall not have the right to fly unless it has been registered and is in possession of a certificate of airworthiness. This certificate. shall be- grante.d in accordance with international regulations in force in Syria. With regard to aircraft registered in Syria, certificates granted by other stat-es may be accepted provided they are approved b-v the Ministry of Public Works and Communica- ions. Article 43. The pilot and crew of every aircraft engaged in interna- tional aviation shall bear certificates of competency or a licence granted in accordance- with the international regulations in force in Syria. Art ic7e 44. The journey log book of an aircraft- engaged in interna- tional flights shall include particulars of the aircraft, its crew and each journey as prescribed by international laws. Article 43. Aircraft shall be prohibited from carrying explosives, arms, military ammunition a nd homing pigeons without the authoriza- tion of the Council of Ministers. Article 46. No apparatus for wire-less telegraphy or telephony or photographic equipment- may be c-arried on board the aircraft without the authorisation of the Minister of Public Works and Communica- t-ioris. Aircraft- used for public transport- of passengers shall be equipped wit-h apparatus for wire-less communication. Article 47. Every airc-raft- which lands a-t an aerodrome, landing ground. or private e.state shall be subject to the supervision and con- trol of the administrative authorities. Article 48. Every aircraft- flying over any part- of Syrian territory shall be subject to the orders of security posts, customs posts and Government- a-ire-raft no matter how these- orders are transmitted. Article 4~9. Aircraft which fly only over aerodromes a-nd regions ac- cepted by the administrative authorities as experimental areas, may be exempted from the conditions specified in this Law by a decision of the Minister of Public Works and Communications provided that their manoeuvres do not constitute a. public, display. Such aircraft, however, must. not- transport- passengers unless they hold certificates of airworthiness. Article 50. Certificates of airworthiness and licences of crews as well as other certificates, either granted by the state to which t-he aircraft- belongs or acceptable to it, shall be considered as valid for air circulation over Syrian territory, if these licences and certificates are granted in accordance with the Chicago Convent-ion. PAGENO="0989" AIR LAWS AND TREATIES OF THE WORLD 2391 CHAPTER III. AIR TRANSPORTATION SECTION 1. TRANSPORTATION OF CARGO AND FORMALITIES ON DEPARTURE AND ARRIVAL Arti~le 51. Contracts for the transport of cargo by air shall be con- cluded by a shipment invoice or receipt stating definitely that the transportation is to be effected by means of an aircraft. Article 52. Upon arrival and before departure of an aircraft, the pilot shall submit the journey log book and the following documents to the customs: a) If the aircraft is carrying cargo, the manifest and detailed declarations of the cargo referred to in Article 41 of this Law. b) If the aircraft is carrying provisions, a list of the provisions. If there is no manifest the customs officer shall mention this in the journey log book. Article 53. The manifest shall be prepared in accordance with the international regulations in force in Syria. The consignor shall de- clare the goods in detail as imposed by the said international regula- tions. Article 54. If there is no cargo on board the aircraft, only the journey log book will he inspected. If there is cargo, the customs rep- resentative will check the manifest and the declarations; carry out the official inspection; inspect and stamp the journey log book and math- fest; seal the cargo or collection of goods if such a procedure is neces- sary; and make a reference in the manifest to the number of seals. Article 55. Upon the arrival of the aircraft the customs representa- tive shall ensure that the seals are intact, inspect the cargo, check the journey log book and keep the manifest. Article 56. The transporter shall be responsible for the loss or dam- age of the transported cargo except in cases of unavoidable circum- stances or inherent defects of the goods themselves. If the consignor does not declare the value of the goods, the respon- sibility of the transporter shall be limited to L.S. 250 of each parcel. Article 57. The pilot of an aircraft shall have the right to give orders en route to jettison cargo if this measure is necessary for the safety of the aircraft. He shall jettison the cheaper cargo first if he is in a position to choose. In this case he shall in no way be held responsible to the consignor or consignee for the loss of the goods. Responsibility for damages incurred while on the ground shall remain the same. Article 58. The provisions of the Code of Commerce in force in the Republic of Syria shall be applied to air transportation provided that the above regulations are complied with. SECTION 2. TRANSPORTATION OF PASSENGERS Article 59. The ticket given to the passenger shall be considered as a contract for his transportation. Transportation of passengers by aircraft cannot be undertaken uii- less the carrier insures the passengers in accordance with the laws and regulations in force or in accordance with the provisions of t.he licence or agreement granting him the right of transportation. PAGENO="0990" 2392 AIR LAWS AND TREATIES OF THE WORLD A list of the iiames of passengers shall be placed in the aircraft. The aireraft shall also have a copy of this list to be presented on every demand of the authorities charged with the enforcement of circulation regulation. This provision, however, shall not be applied to flights in which the aircraft is to return to the ae.rodrorne of departure w1thout landing at any other point. Ji't;e7e 60. The carrier in all indernational air service shall accept. passengers only after confirming that they are legally permitted to land at their destination and the points at which the aircraft lands en route. SECTION 3. OPERATION OF AIRCRAVI' Article 61. If an aircraft is chartered for several successive jour- neys or for a specified period, its pilot and crew shall continue to be under the administration of its owner unless an agreement is con- eluded otherwise. Ai't;cle 62. The owner of an aircraft leased to another person shall continue, to be responsible for legal obligations and shall, in conjunc- tion with the lessee, be responsible for violation of these obligations. If the lease contract. is recorded in the register and if the lessee, whatever his nationality, fulfills the conditions required for the own- ership of a Syrian aircraft, he shall be considered, in his capacity as tile operator of the aircraft, as solely responsible for the legal obliga- tions and the violations thereof. SECTION 4. FTILISATTON OF AIRCRAFr BY THE GOVERNMENT IN CASES OF EMERGENCY Art;cie 63. In exceptional circumstances such as flood and epi- clemics. the Minister of Public Works and Communications or the authority concerned shall have the right to requisition aircraft which are stationed at or which land at. Syrian aerodromes. CHAPTER IV. DAMAGES AND RESPONSIBILITIES Arfcle 64. Pilots of aircraft in flight, shall conform to the regula- tions relating to circulation prescribed route, light.s and signals; and shall take all necessary Precautions to avoid causing damages. Art~'ie 6.5. The operator of an a.ircraft is de jure responsible for injuries to persons and damages to property on the ground which may be caused by the operation of the aircraft or by objects detached from it. This responsibility cannot be mitigated or evaded unless it. is proved that the damage incurred was caused by the injured party. Art'e7e 66. No cargo or objects other than the legal ballast. shall be thrown out of a. flying aircraft except in case of force majeure. If an objec.t is dropped in a. case of force majeure or if the legal ballast is thrown out thus causing damage to persons or property on the ground, tile question of responsibility shall be decided in accord- ance with the provisions of the previous Article. Ji't;ele 6~. If an aircraft is chartered, its owner and operator shall be jointly responsible for the damages caused by them to tile other party. PAGENO="0991" AIR LAWS AND TREATIES OF THE WORLD 2393 If, however, the lease contract is recorded in the register, the owner of the aircraft shall not, be responsible unless the injured party proves that the damages were caused by the owner himself. CIIAFrER V. PENAL PRovIsIoNs Article 68. A fine of L.S. 125 to 2500 or imprisonment of 8 days to one month or both shall be imposed on every owner of an aircraft: (a) Who has used or countenanced the use of his aircraft with- out having obtained a certificate of registration or a certificate of airworthiness for the aircraft. (b) Who has used or countenanced the use of his aircraft with- out the registration markings referred to in Article 8 of this Law. (c) Who has used or countenanced the use of his aircraft for flight knowing that. its certificate of airworthiness has become invalid. The person concerned shall receive notification in writing of the refusal of the competent authority to grant a certificate of airworthi- ness. This notification shall refute any claim based on grounds of contravention through ignorance. Article 69. The penalties prescribed iii the previous Article shall be imposed on the pilot of an aircraft: (a) who has piloted an aircraft without a certificate or licence. (b) who has destroyed the journey log book or inserted therein information which he knows is false. (c) who has violated the first paragraph of Article 29 of this Law. (d) who has piloted an aircraft knowing that it. falls under one of the provisions of Article 68 of this Law. Article 70. Penalties prescribed in Article 68 of this Law shall be imposed on: (a) those who have violated the provisions of the first or sec- ond paragraph of Article. 25 of this Law. (b) the owners and pilots of aircraft which have, landed on a private estate without the permission of its owner and without having been forced t.o do so by force majeure. Article 71. The fine prescribed in Article 68 may be increased to L.S. 5000 and the period of imprisonment to two months if the viola- tions referred to in cases (a) and (c) of the said Article and in case of (a) of Article 69. are committed after the certificate of registration or airworthiness or licence has been refused or withdrawn. Articl' 72. A fine, of L.S. 125 to 2500 and/or imprisonment of 8 days to one. month shall be imposed on every pilot (a) who has violated the provisions of the third paragraph of Article 25 with respect. to landing after leaving the prohibited area.. (b) who has violated the provisions of the second paragraph of Article. .38 with respect to landing at customs aerodromes or the third paragraph of the same Article regarding the entry of Syrian territory at. designated frontier points and fails to justify such action if necessary, he, together with the occupants of the aircraft, may he brought before. competent coiirt~ on the charge of espionage. PAGENO="0992" 2394 AIR LAWS AND TREATIES OF THE WORLD Art;cl~ 73. If the owner, seizor, or pilot, of an aircraft has placed or ordered to place registration markings on the aircraft. not consistent with its certificate. of airworthiness, has deleted or ordered the deletion of the proper markings. or has made such markings illegible he shall be liable to a fine of L.S. 2500 to 5000 and imprisonment from 6 months to six years. Either or both of these penalties shall be im- posed on every person who has placed or ordered t.o place on a private aircraft the distinctive markings assigned for public airc.raft, or, has knowingly used a private aircraft bearing such markings. Art;c7e 74. The penalties specified in Article 68 shall be imposed on every one who violates the provisions of Articles 45 and 46. The fine shall be compulsorily increased to L.S. 5000 and the period of imprisonment increased to two months for: (a.) persons who use on board an a.ircraft objects or apparatus the transportation of which is forbidden. (b) persons who use photographic equipment over prohibited areas without. special authorization. ~4rt;t7e 75. A fine of L.S. 15 to 250 shall be imposed on every pilot of an aircraft, who violates the provisions of paragraph 2 of Article 29 or the provisions of Article 7 above. A'rtic7e 76. A fine of L.S. 15 to 250 and, if necessary, a period of imprisonment, of 8 t.o 15 days shall be imposed on: (a) the pilot of an aircraft. who does not keep any of the regis- ters which ought. to be on board t.he aircraft. (b) t.he owne.r of an aircraft who does not keep on board his aircraft any of the registers for a period of three years after the date of the last entry in them. (c) t.he person who violates Article 28 of this Law or any pro- vision not specifically mentioned in this Law. (d) the person who violates any one of Articles 26, 27, 44, and 53 of this Law. Arti'e7e 77. An order may be passed suspending a pilot from piloting any kind of aircraft for a. period of 3 months to 3 years, if he is con- victed in accordance with Articles 71, 72 and 73 of t.his Law. If the pilot of an airc.ra.ft is convicted for the second time of any of these offences, (within a period of 5 years from the date of the im- position of the first penalty or from t.he termination of the period of suspension) sentence shall be definitely passed suspending him from piloting aircraft. The period of suspension may be increased to the maximum limit or may be doubled. The licences which the pilots of aircraft hold shall, during the period of suspension, be ke.pt. in t.he office of the court. which issued the order of suspension. Persons suspended shall deposit these lice.nces either in the office of this court or in the office of the court. in t.he area. where they live within a period of 5 days after the date on which t.he order against. them be- eome~ final. If they fail to comply w-ith this provision they shall be liable to a period of imprisonment of 8 days to one month and to a fine of L.S. 15 to 250. This penalty does not exclude the penalties pre- scribed in Article 69 in case they pilot. a.n aircraft during the period of suspension. Ai't;ele 78. Every person who enters prohibited areas in contraven- tion of the general regulations and instructions relating to aerodromes PAGENO="0993" AIR LAWS AND TREATIES OF THE WORLD 2395 designated for public use or lets cattle or animals go to or into those areas shall be liable to a fine of L.S. 50 to 500 and shall forfeit his right to compensation in case of accident. This shall not absolve him from having to provide legal compensation if required. Aitcle 711. No objects which may cause injury or damage to persons or property shall be thrown wilfully and uselessly from an aircraft in flight. Every person who violates this ~ro~sioi~ shall be liable to a fine of L.S. 1~5 to 750 or to a period of imprisonment of 8 days to two months or both even if such an act does not cause any damage. This provision shall not absolve the person concerned from his liability to more severe penalties if a felony or crime is committed through such an act. Ji~tic7e 80. A period of imprisonment of 8 days to two months and a fine of L.S. 15 to l~5 shall be impose(l on ever 1)ilot who, knowing that lie has caused an accident, does not land, thus attempting to evade civil and criminal responsibility. This, however, shall not absolve the pilot from his liability to penalty for crimes and felonies resulting therefrom, unless it. is established that the immediate, landing of the aircraft. would expose it to danger. Artic7e 81. All pro ~sions prescribed against contravention of cus- toms regulations shall be applicable to cargo imported or exported on board an aircraft.. The discharge or throwing out of unlicensed cargo from an aircraft in flight shall be subject to penalties provided for in customs regula- tions and these pe~aIties shall be doubled in accordance with the previous paragraph. Ballast and mail may be thrown out. over desig- nated places, if necessary. ~4rtic7e 82. The licence and approval granted in accordance with Articles 34, 35 and 36 may be withdraw-n at. any time for the follow- ing reasons without prejudice, to the penalties whichi may be imposed, if necessary: (a) if a licensed ae.rodrome ceases to conform with t.he technical conditions on which the. authorities concerned agreed to its est.ab- hishment or, more generally, if the. aerodrome in question has ceased to comply with the conditions prescribed in the licence. (b) if it appears that a licensed ae.rodrome is dangerous or t.hat it has l)ee.n misused. (c) if the provisions prescribed in Article 37 and in t.he last paragraph of Article 36 are. not. complied with. (d) if general regulations and public provisions, notably cus- toms regulations Ii ave been violated. The licence and approval may also be withdrawn for reasons related to the security of the. Republic of Syria. The suspension or withdrawal of the de.cisioii of acceptance or licence shall l)e effected by a decree. Ai'ticle 8.3. Every person who violates the conditions referred to in the first paragraph of Article ~9 concerning the. use of military aero- dromes and grounds mmiv he brought l)efore. military courts without prejudice to tlìe penalties which ma be imposed in accordance with this Law. 39-737 O-65-vol. 11-63 PAGENO="0994" 2396 AIR LAWS AND TREATIES OF THE WORLD CHAPTER VI. GENERAL REGULATIONS Artk7e 84. Aircraft whose certificates of airworthiness cannot be produced or whose registration markings do not conform with the certificate of registration or airworthiness can be withheld from their owners l)y the authoritie.s charged to execute this Law until the iden- tity of the owner of the aircraft~ is established. Artkle 85. Competent representatives of t.he Ministry of Public `Works and Communications, representatives of police and gendar- merie, authorized officials of customs departments and public security and, in general, every person sworn for this purpose, may be charged to conduct~ investigations into contraventions of the provisions of this Law. These authorities may seize explosives, arms, military ammunition, homing pigeons, postal correspondence, and apparatus for wireless telegraphy and telephony which are carried by an aircraft without the special licences referred to in Articles 45 and 46 of this Law. The transportation of unlicensed mail shall be subject to the postal laws and regulations in force. The same authorities may seize homing pigeons, and messages trans- ported thereby, photographic equipment and clichés carried by an aircraft licensed to carry such objects, if the said aircraft passes over prohibited areas. Artie7e 86. The procés-verbaux prepared in t.he consequence of any contravention of this Decree shall be sent without delay to the public prosecutor. The competent~ court shall have the right to decide whether or not to confiscate the objects or equipment seized in pursuance of this Law. Artic7e 87. This Law shall supersede previous decisions and pro- visions. Art ~c7e 88. The Ministers of State shall be charged with the execu- tion of the provisions of this Law. PAGENO="0995" TAIWAN (FORMOSA) CIvIL AERONAUTICS ACT Proclaimed by order of the President on May 30th, in the 42nd year of the Republic of China (1953 A.D.) 1 CHAFFER 1-DEFINmONS For the purposes of this Act: Article 1 "Aircraft" shall mean an airplane, airship, balloon, and any other craft used for flight and navigation in the air. Article 2 "Aviation enterprise" shall mean any undertaking engaged in the construction, operation or management of an aviation activity. Article 3 "Landing field" shall mean any locality, on land or water, which is used for the takeoff and landing of aircraft. "Airdrome" shall mean a landing field and its adjoining facilities for the shelter, repair, and maintenance of aircraft, and for the loading and discharging of passengers and cargo. Article 4 "Aviation personnel" shall include aircraft pilots, navigators, flight radio operators, flight mechanics and others engaged in main- tenance of aircraft engines, air traffic control or aircraft dispatching. Article 5 "Flight" shall mean the takeoff, the travel through the air, the landing and the taxiing on the landing field of an aircraft. Article 6 "Civil air transport enterprise" shall mean any undertaking en- gaged directly in the transportation by air of mail, passengers and cargo. Article 7 "Approach area" shall mean that area at each end of the runway of a landing area on water or land that has been designated as such 1 Laws of the Republic of China (Taipeh, Taiwan, 1958). vol. 2, P. 2201. 2397 PAGENO="0996" 2398 OR LAWS ANI) TREATIES~ OF THE WORLD by the Ministry of Communications in accordance with the length of the respective runway. Article 8 "Flight routes" shall mean the airspace designated by the Ministry of Communications as being suitable for the navigation of aircraft. Article 9 "Air navigation facilities" shall include air communications, meteorological services, and any other kind of service intended to guide and help aircraft in the navigable airspace and for flight safety. Article 10 "Prohibited area" shall mean any designated area over which the flight of aircraft is forbidden. If the prohibition is based on reasons of a military nature the said area shall be designated by the Ministry of Defense. If the prohibi- tion is based on reasons of flight safety, the said area shall be desig- nated by the Ministry of Communications. Article 11 "Flight control" shall mean the operation of guiding and directing an aircraft in flight. Article E2 "Approach flight control zone" shall mean the area, and the air- space above it extending upwards to a specified height, of the landing field and a determined area surrounding it. The said area and its airspace shall be determined by the Ministry of Communications. Article 13 The definitions in, and the application of this Act shall be limited to civil aviation. CHAPTER Il-GENERAL PROVISIONS Article 14 The Ministry of Communications shall establish a Civil Aeronautics Bureau to manage and control civil aviation enterprises. The organ- ization of this Bureau shall be defined in another Act. Article 15 No foreigner shall engage in any aviation enterprise or own any private aircraft within the territory of the Republic of China except as provided by Article 1~ of this Act. PAGENO="0997" AIR LAWS AND TREATIES OF THE WORLD 2399 Article 16 No foreign civil aircraft shall fly over, or land in the territory of the Republic of China without obtaining special permission from the Ministry of Communications. Article 17 This Act shall apply to foreign civil aircraft and foreign civil air transport enterprises of a State which has concluded a bilateral agree- ment with the Republic of China regulating the rights of flight over, and the loading and unloading of passengers and cargo in certain designated districts of the territory of the Republic of China. Any such flight which does not come within the scope of this Act may be regulated in accordance with applicable international civil aviation treaties or agreements. CHAPTER III-AIRCRAFI' A rticie 18 Any citizen, and the government and official organizations of the Republic of China may own private aircraft. Article 19 The owner of an aircraft shall apply to the Ministry of Communi- cations for registration. After investigation and approval, a certifi- cate of registration shall be granted. Unless a certificate of registra- tion has been cancelled the owner of a registered aircraft shall not apply to another State for registration. No aircraft registered in an- other State shall be registered in the Republic of China until the can- cellation of the original registration is effected. Article 21) The owner of an aircraft holding a certificate of registration shall apply to the Ministry of Communications for an examination of his aircraft; if the conclusion of the examination is satisfactory a certifi- cate of airworthiness shall be issued. Article 21 Any aircraft coming within the terms of one of the following para- graphs shall be deemed to be the aircraft of the Republic of China: a) when it belongs to a citizen of the Republic of China; b) when it belongs to the central or local government agencies of the Republic of China; c) when it belongs to a juridical person that has been estab- lished in accordance with the law of the Republic of China and which has its main office in the Republic of China. Such juridical person shall comply with one of the following provisions: i. in the case of an unlimited company, all the shareholders shall be citizens of the Republic of China; PAGENO="0998" 2400 AIR LAWS AND TREATIES OF THE WORLD ii. in the ease of a mixed liability company or a mixed joint stock company, all the unlimited liability shareholders shall be citizens of the Republic of China; iii. in the ease. of a limited joint stock company, the chair- man of the board of directors or the general manager and over two thirds of the board of directors shall be citizens of the Republic of China; iv. all the representatives of any other kind of juridical person shall be citizens of the Republic of China. Any aircraft not belonging to the Republic of China shall not be entitled to registration in the Republic of China. Article 22 After the registration of an aircraft, the nationality mark of the Republic of China and the registration number shall be placed on the aircraft in an easily visible position. Article 23 The certificate of registration shall become invalid when one of the following events occurs: a) the right of ownership in the aircraft is transferred; b) the aircraft is destroyed or damaged; c) the aircraft is dismantled or abandoned; d) the aircraft loses its nationality. Article 24 The certificate of airworthiness shall become invalid when one of the following events occurs: a) the date of expiration has passed; b) the certificate of registra.tion becomes invalid; c) the aircraft. does not comply with the conditions of flight safety. Article ~5 The Ministry of Communications shall announce the invalidation of the certificate of registration and of the certificat.e of airworthiness at~ the time of their becoming invalid; such certificates shall be re- turned by the holder thereof within twenty days from their invali- dation. Article ~6 The Ministry of Communications shall cancel the registration of an aircraft and order the return of the certificate of registration in the event of the registered aircraft contravening the second para- graph of Article 19 or paragraphs of (a), (b) or (c) of Article 21. Article 27 In addition to the cancellation under Articles 25 and 26 of this Act, the Ministry of Communications shall cancel the registration of an aircraft when the certificate of registration becomes invalid. PAGENO="0999" AIR LAWS ANI) TIn:ATTF:s oF THE WORLD 2401 Article 28 Unless otherwise expressly provided in t.his Act., the law concerning movable property under the Civil Code shall apply to aircraft. Article 29 Any aircraft may be t.he object of a mortgage. Article 30 The transfer of the right of ownership in, the establishment of a mortgage over, or the lease of an aircraft shall be registered; the ab- sence of such registration shall be a bar to any action against third parties. Article 31 Articles 13 to 16 inclusive, and Articles 18 to 21 inclusive of the Maritime Law shall apply to co-ownership of aircraft. Article 32 Unless otherwise expressly provided by this Act. or by law, an air- craft shall not be subject to detention, seizure or provisional seizure from the time. the flight begins and during the journey. CHAPTER Tv-AvIATIoN PERSONNEL Article 33 Any member of the aviation personnel shall be a citizen of the Republic of China. A cit.izen of any friendly country, that grants reciprocity, who has obtained a pilot's license and an authorization certificate from the Chinese Government may operate in the territory of the Republic of China. Article 34 The Ministry of Communications shall issue a pilot's license and an authorisat.ion certificate to aviation personnel who have success- fully passed the examination. Aviation personnel shall be entitled to operat.e only after obtaining the said certificates; the said certifi- cates shall always be carried during operation. Article 35 The Ministry of Communications may hold an inspection of avia- tion personnel at any time. In the case of a technical, physical or personal deficiency the right of the aviation personnel to operate shall be limited, suspended or revoked. Article 36 The Ministry of Communications may cooperate with the Ministry of Education for the purpose of establishing civil aeronautical schools to train aviation personnel and to promote civil aviation enterprises. PAGENO="1000" 2402 AI1~ LAW~ \NI) TREATIES OF THE WORLD CHAPTER V-AIRDROMiES AND AIR NAVIGATION FACILITIES Article 37 The Ministry of Communications shall be responsible for the es- tablishment, of national airdromes. Provincial and municipal air- dromes may be established if approved by the Ministry of Communi- cations. These principles shall apply in the case of the closing down of an airdrome. No airdrome may be established without complying with the pro- visions of this Article. Article 38 No c.itizen or juridical person coming under paragraph (c) of Article 21 of this Act. shall have the right to establish or manage a landing field without obtaining the approval of the Ministry of Communications. The manager and the operator of such landing field shall be citizens of the Republic of China. Article 39 No airdrome or landing field shall be used without the permission of the Ministry of Communications for any purpose other than that for which it has been established. Article 40 The closing down, transfer or lease of the management of a land- ing field shall be subject. to the approval of the Ministry of Com- munications. Article 41 Air navigation facilities within the National territory shall be planned and managed by the Ministry of Communications. Article 42 With due regard to flight safety. the Ministry of Communications may restrict any construction within the approach area of a landing field. Article 48 The Ministry of Communications may order the extinguishing or the concealing of any light showing in or near the navigable airspace which may endanger flying. Article 44 The Ministry of Commanications may order the owner of an obstacle within the navigable airspace which endangers flying to re- move the said obstacle or to set up warning lights and markings. PAGENO="1001" AIR LAWS AND mI:ATII:S OF TIlE WORLD 2403 Article 45 The official meteorological organization shall supply all necessary meteorological reports and other meteorological information needed for flight. Article 46 The land needed for an airdrome or for air navigation facilities shall be acquired in accordance with the law of real property.2 Article 47 Every aircraft using a landing field, airdrome and air navigation facilities shall pay charges according to regulation. The Ministry of Communications shall regulate and make public the standard charges to be collected. CHAPTER VT-FLIGHT SAFETY Article 48 Every aircraft in flight shall carry the following documents: a) the certificate of registration; b) the certificate of airworthiness; c.) the flight log book; d) if passengers are being carried, a list of their names; e) is cargo or mail is being carried, a manifest; f) the aircraft radio license. Article 4t~ A test flight or air display of aircraft shall require the approval of the Ministry of Communications and shall be advertised in the area where such flight or display is to occur. Article 50 Before the flight takes place, an aircraft shall be subject to an inspec- tion by a person appointed, or an organization authorized by the Min- istry of Communications. If the aircraft does not carry the documents prescribed by Article 48 of this Act or if such documents are invalid, it shall be forbidden to fly. Article 51 No aircraft shall land or take off outside an airfield except in cases of distress or of danger to flight safety. Article 52 Any aircraft in flight in t.he navigable airspace shall comply with flight control regulations and follow the directions of the control au- thority. The above conditions shall also apply to flights within the airspace of the approach flight control zone. 2 Known as "Land Law" in Chinese law. PAGENO="1002" 2404 AIR LAWS AND TREATIES OF THE WORLD Article 58 Any national or foreign military or civil aircraft using a landing field shall comply with the airport control regulations and follow the directions of t.he airport control authority. Article 54 Any aircraft in flight, shall comply with the rules specifying the limits and altitude of the flight routes as prescribed by the flight control authority. Article 55 In any case where it is necessary for an aircraft to land at, or use the facilities of a military airdrome, the owner of the said aircraft shall apply to the Ministry of Communications for the necessary permis- sion and the application shall be transferred to the military aero- nautics authority for approval. In the case of an emergency landing this provision shall not apply. Any aircraft using a military `anding field for takeoff or landing shall comply with the regulations and follow the directions of the said landing field. Article 56 No aircraft shall fly over a prohibited area. Article 57 No aircraft. shall carry any weapon, cartridge, explosive, noxious gas or any other prohibited article without obtaining the approval of the Ministry of Communications. Article 58 No object shall be thrown from an aircraft in flight.. This provision shall not apply where a law provides otherwise or in the cases of flight safety or rescue work. Article 59 The pilot-in-command shall be in charg~of the aircraft while in flight and may carry out all emergency operations. Article 60 Before takeoff and after landing an aircraft shall, in accordance with the law, be subject to an inspection by an organization concerned. CHAP'rER `/11-CIVIL AIR TRANSPORT ENTERPRISE8 Article 61 Anyone wishing to operate a civil air transport enterprise shall, in addition to registering the said enterprise with the local administra- tive aut.horit.y, apply to the Ministry of Communications for approval PAGENO="1003" ATH LAWS AND THEATIES OF THE WORLD 2405 and a certificate of authorization. Such enterprise shall not start operating until the said certificate of authorization has been granted. Unless the said enterprise has started operating the certificate of authorization shall become invalid after a period of six months from the date of its issue. Under special circumstances an extension of time may be granted. Article 62 If a civil air transport enterprise is a company, it shall comply with one of the provisions of paragraph (c) of Article ~1 of this Act. In the case of a limited joint stock company all stocks shall be registered and at least 51% of all stocks shall be held by citizens of the Republic of China. Article 63 The certificate of authorization necessary to operate a civil air transport enterprise shall not be transferable. Article 64 `When a civil air transport enterprise is dissolved under the appli- cable law, the certificate of authorization shall become invalid from the date of the dissolution and shall be returned within 30 days for cancellation. Article 65 When the time limit of a certificate of authorization has expired the air transport enterprise shall cease its operation unless an applica- tion for a new certificate has been filed. Article 66 A civil air transport enterprise must obtain an air route license. The places of departure, destination and the passing and stopping places, the nature of the enterprise and the time limit shall be specified in the license. Article 67 The air route license shall not be transferable; the holder of the license shall not be deemed to have a monopoly in the route granted. Article 68 A civil air transport enterprise which has obtained an air route license, or any aircraft passing through the territory of the Republic of China shall carry mail under the law governing mail. Article 69 The fee for carrying air mail shall be lower than the ordinary rate of carriage of cargo by air. The rate for carrying air parcel post shall not be higher than the ordinary air rate for cargo. PAGENO="1004" 2406 AIR LAWS AND TRI:ATIF:~ OF THE WORLD Article 70 The carriage of airmail shall have priority over the carriage of passengers and cargo. Article 71 The Ministry of Communications shall determine the rates for carriage by air of passengers and cargo. No civil air transport enter- prise shall use any means whatsoever t raise or reduce the rates with- out obtaining the appropriate pe.rmissio~i. For the purpose of promot- ing flight safety and developing facilitie$, the Ministry of Communica- tions may collect air safety and cons~ `~uction fees from every civil air transport enterprise but the said fee shall not exceed one-tenth of the rate for carriage by air of passengers and cargo. Article 72 A civil air transport enterprise shall use the legal currency as the unit for determining the rate of carriage by air of passengers and cargo. Article 73 Every year civil air transport enterprises shall submit to the Ministry of Communications reports concerning: a) management; b) financial status; c) operation of aircraft. and flight operations; d) stockholders holding over 5% of t.he capital; The Ministry of Communicat.ions may, whenever it deems it neees- sary, investigate the management and financial position and any rele- vant documents of a civil air transport enterprise. Article 74 In the case of one of the following events, a civil air transport enter- prise shall, in addition to complying with the applicable law, report such event to the Ministry of Communications for entry on the files for inspection: a) increase or reduction of capital; b) issue of company bonds; c) change of address of main facilities for operat.ion of aircraft and flight operations; d) leasing, pooling or agency agreements by civil air trans- port enterprises or by a civil air transport enterprise and another organization: e) use of aircraft. for purposes other than transport. Article 75 The Ministry of Communications may in the case of public neces- sity order a civil air transport. enterprise to operate on a specified route. Article 76 In the case of an emergency a civil air transport enterprise shall follow the orders and carry out the transport plans of the government. PAGENO="1005" AIR LAWS AND TREATIES OF THE WORLD 2407 CHAPTER YIII-ACCIDENT AND LIABILITY Article 77 The owner of an aircraft shall be liable for damage sustained in the event of the death of, or injury to any person and in the event of the destruction of, or damage to movable property or real estate resulting from the accident of an aircraft irrespective of whether there was intention, negligence or force majeure. The above liability shall also apply for damage sustained by an object falling or thrown from an aircraft. Article 78 If damage covered by Article 77 occurs while the aircraft is being operated under a lease or a loan, the owner and the lessee or borrower shall be jointly liable; if the lease has been registered, the lessee shall be solely liable in the absence of fault of the owner. Article 79 The aircraft owner, lessee or borrower shall have a recourse action against the aviation personnel or the third party causing the damage if such damage was caused intentionally or by negligence. Article 80 The amount of compensation recoverable for damage to passengers, cargo or aviation personnel may be determined by special contract. The special contract must be in writing. If the amount of compensation set out in the special contract has been approved by the Ministry of Communications and is set out in the ticket or the air bill of lading which has been accepted by the pas- senger or shipper, the ticket or air bill of lading shall be deemed to be a written contract. Article 81 In the case of a debtor who is not able to pay the whole compensation the court may consider his position and grant an extension of time to pay or allow payment on an installment basis or reduce the amount of the compensation. The reduction shall not amount to more than 50% of the damage recoverable. Article 82 Prior to making an application for a certificate of registration under Article 19 of this Act the owner of an aircraft and a civil air transport enterprise prior to making an application for a certificate of authorization under Article 61 of this Act shall be insured in re- spect of their liability for damage by means of an insurance to the limits prescribed by the Ministry of Communications. Article 83 The Ministry of Communications may order any foreign aircraft which has obtained a special permission to fly into the territory of PAGENO="1006" 2408 AIR LAWS AND TREATIES OF THE WORLD the Republic of China to deposit, prior to such flight, a sulficient cash deposit as security for any liability which may be incurred. Article 84 A district government may detain any foreign civil aircraft and its pilot that has not deposited security for liability which may be incurred or that has not obtained a special flight permission and has been forced to land or crashes in the territory of the Republic of China. If any damage results therefrom the foreign civil aircraft shall be liable for compensation. The District government shall issue a release if the aircraft owner, lessee, borrower or pilot deposits a guaranty acceptable to the distrk~t~ government, unless there has been a breach of some other law or regulation. Article 85 An action for damages may be brought at the option of the plaintiff either before the court of the defendant's domicile or before the court of the first landing place after the accident. Article 86 The Civil Code shall apply to all cases of liability incurred by aircraft which are not covered by this Act. Article 87 Any aircraft flying near the area of an accident shall participate in the search and rescue. Article 88 In the event of an accident the owner, lessee or borrower of the aircraft shall immediately report t.he matter to the Ministry of Com- munications. CHAPTER TX-PENALTJES Article 89 Any person using fraud to apj~ly for, and thereby obtaining a cer- tificate of authorization for aviation personnel or a certificate of regist.ration or of airworthiness shall be liable to imprisonment for a term not, exceeding three years or to penal servitude or to a fine not exceeding the sum of two thousand dollars. In addition the certificates shall be withdrawn. Article 90 Any person using an aircraft for flight without having obtained a certificate of airworthiness shall be liable to imprisonment for a term not exceeding five years or to penal servitude or to a fine not exceed- ing the sum of three thousand dollars. The same penalties shall apply when an aircraft is used for flight under an invalid certificate of air- worthiness. This provision does not. apply to authorized test flights. PAGENO="1007" AIR LAWS AND TREATIES OF THE WORLD 2409 Article 91 Any aviation personnel engaging in a flight without having obtained a license and a certificate of authorization shall be liable to imprison- ment for a term not exceeding two years or to penal servitude or to a fine not exceeding the sum of two thousand dollars. The employer shall also be deemed guilty and the same penalties shall be applicable. Article 92 Any civil air transport enterprise guilty of one of the following offenses shall be liable to penal servitude or to a fine not exceeding the sum of five hundred dollars: a) of not clearly marking or placing in the prescribed position the nationality mark and registration number of an aircraft; b) of not returning for cancellation the certificate of registra- tion or the certificate of airworthiness or any other certificate issued under this Act, when under an obligation to do so; c) of operating an air transport enterprise without having ob- tained the necessary authorization. Article 93 The operator or manager of a private landing field guilty of one of the following offenses shall be liable to penal servitude or to a fine not exceeding the sum of two hundred dollars: a) of using the landing field for other purposes without the appropriate authorization; b) of closing down, transferring or leasing the landing field without the appropriate permission; c) of not complying with the appropriate r~gulations when collecting the landing field charges. Article 94 Any aviation personnel guilty of one of the following offenses shall be liable to imprisonment for a term not exceeding six months or to penal servitude or to a fine not exceeding the sum of one thou- sand dollars: a) of exceeding flight limitations prescribed by regulations; b) of not, returning the license or the certificate of authorization for cancellation when under an obligation to do so; c) of not carrying the necessary documents while the aircraft is in flight; d) of infringing the provisions of Article 51 of this Act; e) of infringing the provisions of Article 54 of this Act.: f) of after landing the aircraft not submitting to the prescribed inspection. Article 9-5 Any aircraft pilot or navigator who infringes the provisions of Xrticle 16 of this Act shall be liable to imprisonment for a term not exceeding three years or to penal servitude or to a fine not exceeding the sum of three thousand dollars. - PAGENO="1008" 2410 AIR LAWS A~D TREATIES OF THE WORLD Article 96 Anyone who sets up a private landing field without the necessary authorization or who infringes the provisions of Article 38 of this Act shall be liable to penal servitude or to a fine not exceeding the sum of three hundred dollars. Article 97 Any person who infringes the provisions of article 56 of this Act shall be liable to imprisonment for a term not exceeding two years. Article 98 Any person who infringes the provisions of article 57 of this Act shall be liable to imprisonment for a term not exceeding five years or to penal servitude or to a fine not exceeding the sum of two thou- sand dollars. Article 99 Any aviation personnel, passenger or other person travelling in an aircraft who infringes the provisions of article 58 of this Act without a justifiable reason shall be liable to imprisonment for a term not exceeding two years or to penal servitude or to a fine not exceeding the sum of five hundred dollars. CHAPTER X-SUPPLEMENTARY RULES Article 100 The Ministry of Communications will issue regulations concerning civil aviation enterprise. Article 101 This Act shall come into force on the day of its proclamation. PAGENO="1009" TANGANYIKA Tanganyika has been combined with Zanzibar to for Tanzania. For `aw, see Uganda. 2411 39-7&7 0-65--vol. II-64 PAGENO="1010" PAGENO="1011" TIL&thAND AIR NAVIGATION ACT, B.E. 2497 (1954) 1 PHUMIPHOL ADULYADEJ, REX. Given on the 1sf September, BE. 2497; Beiag the 9th year of the Present Reiqz~. H.M. King Phumiphol Adulyadej has been graciously pleased to proclaim that: Whereas it is expedient to amend the law on air navigation; Be it. therefore enacte~I by the King, by ~nd with the advice and consent of the Assembly of the People's Representatives, as follows :- Section 1. This Act shall be called the `Air Navigation Act, BE. 2497". Section 2. Thi3 Act shall come into force after the expiration of ninety days as from the date of its publication in the Government Gazette. Section 3. (1) The Air Navigation Act, BE. 2480; (2) The Air Navigation Act (No. 2), BE. 2490; (3) The Air Navigation Act (No. 3), B.E. 2492; and (4) All laws, rules and regulations insofar as they are repugnant to or inconsistent with the provisions of this Act; shall he repealed. Section 4. In this Act: "Aircraft" includes all machines which can derive support in the atmosphere from the reactions of the air, except objects specified in the Ministerial Regulations; "Transport Aircraft" means an aircraft which is used or intended to be used for commercial transport of things or passengers for remuneration; "Foreign Aircraft" means an aircraft duly registered and having nationality according to the foreign law: "Parachute" means an umbrella-like device used for retarding by air-resistance the descent of person, thing or animal from a high place; English text supplied by the Government of Thailand. 2413 PAGENO="1012" 2414 AIR LAWS AXD TREATIES OF THE WORLD "Aerodrome" means a defined area on land or water to be used either wholly or in part, for the take-off, landing or movement of aircraft, and includes buildings, installations and equipment in the aerodrome; "Licens3~l aerodrome" means an aerodrome which a person has obtained permission to e;tahlish under this Act and the aerodrome notified by the Minister: "Air navigation facilities" means seivices provided for facilitating air navigation of aircraft, and includes buildings installations and equipment of such services; "Convention" means the Convention on International Civil Aviation done at Chicago on the 7th December, 1944 including its Annexes and Amendments of the Annexes or the Convention; "Personnel" means the pilot, navigator, engineer, radio-operator, air- traffic controller, flight operations officer and the persons performing other duties as determined in the Ministerial Regulations; "Operator" means the person engaged in aircraft operation, "Minister" means the Minister having charge and control of this Act. Section 5. This Act shall not apply to the air navigation in the services of the military, police and other official units as may be determined in the Ministerial Regulations. Section 6. The Minister of Communications shall have charge and control of this Act, and shall have the power to appoint competent officials and to issue Ministerial Regulations fixing fees not exceeding the rates hereto annexed and determining other activities for the exccution of this Act. Such Ministerial Regulations shall come into force upon publication in the Government Gazette. CHAPTER 1 Civil Aviation Board Section 7. There shall he a Civil Aviation Board consisting of the Minister of Communications as Chairman ex-officlo, a Vice-Chairman and not more than seven other members appointed by the Council of Ministers. PAGENO="1013" AIR LAWS AND TREATIES OF THE WORLD 2415 Section 8. The Vice-Chairman and members of the Board shall hold office for a period of four years. The Vice-Chairman or members of the Board whose term of office has expired may he re-appointed as Vice- Chairman or members of the Board. Section 9. The Vice-Chairman and members of the Board aie relieved of their office before the expiration of the term upon: (1) Death; (2) Resignation~ (3) Being retired by the Council of Ministers. In case where vacancy occurs before the expiration of the term, a Vice-Chairman or member of the Board shall he appointed in place, as the case may be; and the person so appointed shall hold office only for the unexpired portion of his predecessor's term of office. Section 10. When the Chairman of the Board is absent at any meeting, the Vice-Chairman shall perform the duty instead. Section 11. At every meeting of the Civil Aviation Board, the presence of not less than half of all members shall constitute a quorum. Section 12. All questions shall be decided by a majority of votes. Each member shall have one vote. In ease of a tie, the person presi- ding at the meeting shall have another vote as the casting vote. Section 13. The Civil Aviation Board shall have the power to appoint Sub-Committees for performing any activities or examining or enquiring into any facts which are within the scope of powers and duties of the Civil Aviation Board. For the meeting of the Sub-Committee, Sections 11 and 12 shall apply, mutatis mutandis. Section 14. The Chairman, Vice-Chairman and members of the Board shall receive remunerations as may he determined by the Council of Ministers. SectIon 15. The Civil Aviation Board shall have powers and duties as specified in this Act, and in the following matters: PAGENO="1014" 2416 AIR LAWS AND THEATIF:~ oF THE WORLD (1) To take consultation and give advice concerning civil aviation to the Minister: (2) To issue regulations in compliance with the provisions of this Act and Annexes to the Convention; Such regulations shall come into force after the approval of the Minister and upon puhlica~ion in the Government Gazette. (3) To consider and authorize the rates of fare and freight of transport aircraft, and service charges for air n;tvigation facilities, with the approval of the Minister. CHAPTER 2 General Provisions on Aircraft Section 16. No person shall fly any aircraft unless there are on board the following; (1) Certificate of registration; (2) Nationality and registration marks; (3) Certificate of airworthiness; (4) Journey log hook: (5) License of each member of the personnel; (6) License of radio communication apparatus, if it is equipped with radio communication apparatus. The provisions of this Section shall not apply to: (1) An aircraft under flight test subject to the conditions laid down by the competent official; (2) A foreign military aircraft Section 17. No aircraft shall take-off from or land at any place other than a licensed aerodrome or a licensed temporary place for take- orf and landing of aircraft or a place notified by the Minister. Section 18. An aircraft must fly along the air routes as deter- mined in the Ministerial Regulations. Section 19. An aircraft must comply with the Regulations of the Civil Aviation Boaid. PAGENO="1015" AIR LAWS AXD TREATIES OF THE WORLD 2417 Section 20. Transport aircraft passenger fares and freight charges must he collected at the rates approvel by the Civil Aviation Board. Section 21. Tie o~vner of aicraft, ope:-ator, personnel and other persons on board an aircraft must, in the interest of safety, comply with the Regulations of the Civil Aviation Board. Section 22. No aircraft shall fly into or over the prohibited areas or restricted air navigation areas notified by the Minister in the Government Gazette. Section 23. No person shall, by any means whatsoever, use any photographic apparatus in or from any aircraft unless 1)ermission in writing has been obtained from the competent official. Section 24. No person shall control or release a pilotless aircraft, or drop a parachute unless permission in wiiting has been obtained fiom the Minister, and the conditions determined by the Minister have been complied with. Section 25. No person shall send by, or carry in, any aircraft munitions of war according to the law on the control of munitions of war unless permission in writing has been obtained from the Minister, and the conditions determined by the Mini;ter have been complied with. Section 26. No person shall send by, or carry in, any aircraft dangerous objects or animals determined in the Ministerial Regulations, which may endanger the safety of the aircraft or of the peisons on board the aircraft unless permission in writing has been obtained from the competent official and the conditions determined by the competent official have been complied with. Section 27. No aircraft other ban foreign aircraft shall fly out of the Kingdom utless ~~ernii~ion in writing has been obtained from the competent official. Section 28. No forcic~n aircraft shall fly over or take-off or land in the Kingdom unless it has the right in accordance with the Convention or bilateral agreement or unless permission in writing has been obtained from the Minister. Section 29. No foreign military aircraft shall fly over or take- off or land in the Kingdom unless permission in writing has been obtained from the Minister. PAGENO="1016" 2418 AIH LAWS AND TREATIES OF THE WORLD CHAPTER 3 Registration and Marking of Aircraft Section 30. The application for registration and the registration of aircraft shall he in accordance with the rules determined in the Ministerial Regulations. Section 31. The applicant for registration of aircraft, whether being an ordinary person or ~uristic person, must have Thai nationality. If it is a partnership or limited company, it must be registered according to the Thai law, and must have its Head Office situated in the Kingdom and (1) in case of an ordinary partnership, all partners must have Thai nationality; (2) in case of a limited partnership, all partners, who are jointly and unlimitelly liable, must have Thai nationality, and not less than seventy percent of the whole capital of the partnership must belong to persons of Thai nationality; (3) in case of a limited company, the majority of the directors must have Thai nationality, and not less than seventy percent of the whole capital of the company must belong to ordinary persons of Thai nationality, or belong to Ministries, Thabuangs and Departments of the Government, and such company must have no regulations permitting the issuance of shares in the forms of certificates to bearers. If it is an association, it must be registered according to Thai law, and must have its Head Office situated in the Kingdom, and its regulations have been approved by t he Civil Aviation Boa.d. Section 32. A certificate of registration of aircraft ia invalidated, when (1) the ownei'ah~n of the a~reraft i~ changed; (2) the aircrafr comes under the possession of the person who lacks qualifications according to Section 31; (3) it appears that the ownership of the aircraft does not conform to the statements given in the registration; PAGENO="1017" AlE LA\V~ AN!) TllF~l' IFS OF THE WORLI) 2419 (4) the aircraft becomes so damaged that it is not fit for further use; (5) the certificate of airworthiness of the aircraft has expired for more than 6 months; (6) the aircraft has been lost for more than 3 months. In cases (2) to (5), the owner of the registered aircraft shall surrender such certificate of registration to the competent official without delay. Section 33. The marking of aircraft shall be in accordance with the Regulations of the Civil Aviation Board. CHAPTER 4 Airworthiness and Journey Log Books Section 34. The application for, and the issuance of the certificate of airworthiness, in connection with the prototype aircraft or the series aircraft, shall be in accordance with the rules determined in the Ministerial Regulations. Section 35. When the competent official considers that any aircraft should be inspected or modified, he shall have the power to order its owner to have that aircraft inspected or modified on the items and within a period of time prescribed by the competent official. Section 36. When the competent official considers that any aircraft is not safe, he shall have the powel' to oider the suspension or the cancellation of the certificate of airworthiness of that aircraft. During the suspension of the certificate of airworthiness under the preceding paragraph, such aircraft is prohibited to fly unless permission in writing has been obtained from the competent official, and the conditions determined by the ~ompetent official have been complied with. Section 37. When bbe Civil Aviation Board considersThat aircraft of any type is not safe, it shall have the power to order the suspension or the cancellation of the certificate of airworthiness of all aircraft of that type. PAGENO="1018" 2420 AIR LAW S AND THEATIE~ OF THE WORLD During the suspension of the certificate of airworthiness under the preceding paragraph, any aircraft of such type is prohibited to fly unless permission in writing has been obtained from the Civil Aviation Board, and the conditions determined by the Civil Aviation Board have been complied with. Section 38. Aircraft already provided with certificate of airworthi- ness shall he overhauled according to the Regulations of the Civil Aviation Board. Section 39. The certificate of airworthiness shall be valid for the period of time specified therein hut not exceeding one year as from the date of issue. Section 40. The certificate of airworthiness of any aircraft is - invalidated in the following cases:- (1) When a modification or alteration which may affect the safety of that aircraft has been carried out without the app~ oval of the competent official; (2) When that aircraft has sustained damage or is, out of order which, in normal aoronautical engineering practice, cannot be repaired by the personnel; (3) When there is violation of, or failure to comply with, the order of the competent official given under Section 35; (4) When there is violation of Section 38. Section 41. Tim Jou~n~y log book shall be in accordance with the Regulations of the Civil A'~ i~1i ion Board. CHAPTER 5 Per~onne1 Section 42. No person shall be personnel unless he has obtained permission from the competent official according to this Act, or has the personnel license issued by any contiacting State to the Corvention or by the State which has entered into an agreement with Thailand, provided that the personnel of the aircraft registered according to the Thai law obtain permission from the competent official according to this Act. PAGENO="1019" AIR LAWS AND TRF:ATIE~ OF THE WORLD 2421 If the holder of the personnel license issued by any contracting State to the Convention or by the State which has entered into an agreement with Thailand, brings that lioense to be authorized by the competent official, he shall be regarded as having obtained permission from the competent official accordingE~ this Act. Section 43. The application for, the issuance of and the autho- rization of personnel licenses shall be in accordance with the rules determined in the Ministerial Regulations. Section 44. A person applying for permission to be personnel must have the following qualifications: (1) having Thai nationality; (2) being of good conduct; (3) having the age, medical fitness, knowledge and experience as determined in the Regulations of the Civil Aviation Board. When there is necessity or special cause for any particular case, the Minister shall have the power to exempt the qualifications as determined in this Section. Section 45. The personnel has the right to perform functions as determined in the Regulations of the Civil Aviation Board. Section 46. The personnel license shall be valid for the period of time determined in the Ministerial Regulations. SectIon 47. When it is considered that any personnel has become deficient in the qualification under Section 44 (3) concerning the medical fitnes~, knowledge or experience, the competent official has the power to order that personnel to undergo a medical examination, theoretical exami- nation, or practical test. Section 48. When it appears that any personnel lacks qualifications under Section 44, or fails to comply with the order of the competent official according to Section 47, or violates the provisions of this Act, or is sentenced by a judgment to imprisonment according to other laws except for petty offences, offences having punishment on the level of petty or offences committed by negligence, the competent official has the power to order the suepension or the cancellation of the license of that personnel. PAGENO="1020" 2422 AIR LAWS ANT) TREATIES OF THE WORLD Section 49. The personnel must comply with the discipline deter- mined in the Regulations of the Civil Aviation Board. Section 50. No personnel on board any aircraft shall perform his duties whilst he is suffering from illness or receives injury which may impair his efficiency in performing those duties. If the illness or the suffering from the injury lasts from 14 days upwards, the personnel is prohibited to perform his duties until the physician designated by the competent official shall have examined and issued a certificate stating that personnel has recovered from the illness or the injury, and the competent official has permitted him to resume his duties. CHAPTER 6 Aerodromes and Air Navigation Facilities Section 51. No person shall establish an aerodrome or air navi~a- tion facilities unless permission has been obtained from the competent official with the approval of the Minister. Section 52. The applicat.ion for, and the issuance of license for establishing aerodromo or air navigation facilities shall be in accordance with the rules determined in the Ministerial Regulations. Section 53. No person shall establish any temporary place for take-off and landing of aircraft unless permission has been obtained from the competent official. The licenses under this Section must comply with the procedures and conditions stipulated by the competent official. Section 54. when it appears that any licensee for establishing aerodrome, air navigation facilities or temporary place for take-off and landing of aircraft fails to comply with the Ministerial Regulations or pr~ cedures and conditions prescribed therefor by the competent official, the competent official shall have the power to order the suspension or the can- cellation of his license. Section 55. The Minister shall have the power to issue a notification determining any place, on land or water, as licensed aerodrome or temporary place for take - off and landing 0f aircraft. PAGENO="1021" AIH LAWS ANt) THEATIES OF TIlE WORLD 2423 Section 56. The fee for landing and take - off and the fec for storage of aircraft at a licensed aerodrome or teiiiporary place for take-off and landing of aircraft shall be charged at the rates prescribed in the Regulations of the Civil Aviation Board, which must not exceed the rates at the end of this Act. Section 57. The service charges for air navigation facilities may he charged at the rates approved by the Civil Aviation Board. Section 58. The Minister shall have the power to designate in the Government Gazette the area adjoining the aerodrome or the site of air navigation facilities as safety zone of air navigation. Section 59. Within the safety zone of air navigation under Section 58, no person shall construct or modify buildings or other structures, or plant trees unless permission in writing has been obtained from the competent official. In granting permission under this Section, the competent official may dete~'niine any conditiot~s as he thinks fit. Section 60. If it appears that there is violation of Section 59 paragraph 1 or violation of conditions under Section 59 paragraph 2, the competent official shall have the power to order in ~viiting the violator to demolish the buildings or structures or to cut down or remove the trees within a determined period of time. In case whei'e there is violation of the order of the competent official under the preceding paragraph, the competent official shall have the power to take measures in demolishing the buildings or structures or cutting down or removing the trees. The expenses incurred for this purpose shall be reimbursed by the violater. CHAPTER 7 Accident5 Section 61. When any accident occurs to any aircraft in the Kingdom or to a Thai aircraft in a foreign country, the owner in case of Thai aircraft, or agent of the owner in case of foreign aircraft, shall inform the competent official of such accident without delay, and make a report as prescribed in the Regulations of the Civil Aviation Board. PAGENO="1022" 2424 AIR LAWS AND TREATIES OF THE WORLD Section 62. When any accident occurs to any aircraft in the Kingdom, the aircraft shall be under the custody of the competent official, and no person shall do anything to the aircraft or parts thereof without obtaining perrni3sion from the competent official, the administrative or police official, except in case of necessity to (1) save persons, mails and animals from dangers; (2) protect the aircraft from damage by fire or by any other cause: (3) prevent dangers to the public; (4) remove the aircraft or parts thereof so as not to become obstruction to air navigation or to other transport; (5) remove the aircraft or parts thereof to a place of safety when the aircraft is wrecked on the water, or (6) remove things or merchandise to save thorn from dangers, and it shall, in this case, be done under the supervision of the competent official, the administrative or police official. Section 63. The Minister shall have the rower to appoint a Committee of Inquiry for conducting an inquiry into any matter connected with the accident of aircraft in the Kingdom. Section 64. The Committee of Inquiry appointed under Section 63 shall have the following powers: (1) To enter any land, house, building or structure where the aircraft or parts thereof, meeting with accident, fall or appear; (`2) To order any person to come to give statements or send docu- ments or any objects which are evidence in connection with the aircraft meeting with accident. CHAPTER 8 Power to Inspect, to Seize and to Delay Section 65. The competent official shall have the power to demand for inspection the documents under Section 16, and if it appears that there is violation of the provisions of this Act concerning any document, the competent official shall have the power to seize such documents for further proc~dings. PAGENO="1023" AIR LAWS AND TREATIES OF THE WORLD 2425 Section 66. For the execution of this Act, the competent official shall have the power: (1) to enter any prem~es of the licensed aerodrome, the temporary place for take-off and landing of aircraft or the place on which the air navigation facilities are established; (2) to enter, during working hours, any works or premises in which aircraft or parts thereof are being manufactured, assembled, repaired, or are being inspected and overhauled, and to inspect and examine such work as well as parts thereof, and the drawings relating thereto; (3) to get on hoard, inspect and search any aircraft which, he has reason to believe, contains prohibited goods or goods which are restricted under this Act or any other laws, or goods which have h'~en imported into, or are being exported out of, the Kingdom as evading customs duties; (4) to inspect any aircraft already provided with certificate of airworthiness, from time to time as he may deem fit; (`5) to enter and inspect any place where aircraft is stored; (6) to seize prohibited goods or goods which are restricted under this Act or any other laws, or goods which have been imported into, or ai'e being exported out of, the Kingdom as evading customs duties. Section 67. When there is violation of the provisions of this Act relating to any aircraft, the competent official shall have the power to delay the departure of the aircraft. CHAPTER 9 Penalties Section 68. Whoever violates Section 16 or Section 6~ shall be punished with fine not exceeding four thousand haht or imprisonment not exceeding six months, or both. Section 69. Whoever, being the person in charge of an aircraft, violates Section 17, Section 18 or Secetion 19 shall be punished with fine not exceeding two thousand haht or imprisonment not excceding three months, or both. PAGENO="1024" 2426 .tIR LAW-S AND TflEATIES OF THE WORLD Section 70. \\hoever, being the owner of an aircraft, violates Section 20, Section 32 last paragraph or Section 33 shall he punished with fine not exceeding two thousand balit. Section 71. Whoever violates Section 21 shall he punished with fine not exceeding three thousand baht. Section 72. Whoever, being the person in charge of an aircraft, violates Section 22 or Section 27 shall be punished with fine not exceeding five thousand haht or imprisonment not exceeding two years, or both. Section 73. Whoever violates Section 23 shall be punished with fine not exceeding one thousand baht or imprisonment pot exceeding one month, or both. Section 74. Whoever violates Section 24 shall be punished with fine not exceeding ten thousand baht or imprisonment not exceeding five years, or both. Section 75. Whoever violates Section 25, Section 26 or Section 42 shall he punished with fine not exceeding five thousand baht or imprisonment not exceeding two years, or both. Section 76. Whoever, being the person in charge of a foreign aircraft or a foreign millitary aircraft, violates Section 28 or Section 29, as the case may be, shall be punished with fine not exceeding five thousand haht or imprisonment not exceeding two years, or both. Section 77. Whoever, being the person in charge of an aircraft, violates Section 36 paragraph 2 or Section 27 eragreph 2 .shall be punished with fine not exceeding two thousee~i }n.ht or imprisonment not exceeding three months, or both. Section 78. Whoever, being the personnel, violates Section 49 or Section *0 shall he iunished ~ h fine not exceeding one thousand baht. Section 79. Whoever violates Section 51 or Section 53, or violates t.e ~tipuiations of the competent official under Section 53 paragraph 2 shall he punished with fine not e~eeeding five thousand baht or imprisonment not exceeding two years, or both. PAGENO="1025" AII~ LAWS A~D T1~F.AT 1I~ ()J: TTJI: WOI~LD 2427 Section 80. Whoever, being the owner of a licensed aerodrorne or a temporary place for take-off and landing of aircraft, violates Section 56 shall be punished with fine not exceeding five thousand haht. Section 81. Whoever, being the owner of air navigation facilities violates Section 57 shall he punished with fine not exceeding two thousand baht. Section 82. Whoever, being the owner in case of Thai aircraft, or the agent of the owner in case of foreign aircraft, violates Section 61 shall he punished with fine not exceeding five thousand baht. Section 83. Whoever obstructs the performance of the Committee of Inquiry under Section 64 (1), or fails to comply with the order of the Committee of Inquiry under Section 64 (2), shall he punished with fine not exceeding two thousand baht or imprisonment not exceeding three months, or both. Section 84. Regarding the of fences under this Act for which the punishment is fine only, the competent official shall have the power to settle the case. 39-737 O-65----vol. II--65 PAGENO="1026" 2428 AIR LAWS A~D TREATIES OF THE WORLD Rates of Fees 1. Certificate of registration of aircraft 1,000 haht. 2. Personnel license or the authorization of personnel license issued by any contracting State to the Convention or by the State entering into an agreement with Thailand 300 baht. 3. Certificate of airworthiness (1) for prototype aircraft manufactured in the Kingdom 10,000 baht. (2) for series aircraft manufactured in the Kingdom 3,000 baht. (3) for aircraft imported into the Kingdom 5,000 baht. 4. License for establishing aerodrome 2,000 baht. 5. License for establishing air navigation facilities 1,000 baht. 6. License for establishing temporary place for take - off and landing of aircraft 500 haht. 7. Substitute of license or certificate 20 baht. 8. Fee for landing and take - off of aircraft, each time 6,000 baht.. 9. Fee for storage of aircraft, per day 2,000 baht. Published in the Government Gazette of September 14, 2497 (1954) and came into force on December 13, 2497 PAGENO="1027" AIR NAVIGATION ACT (NO. 2)1 B. E. 2498 BHUMIBOL ADtJLYADEJ P.R. Given on the 10th of August B.E. 2498, Being the 10th year of the Present Reign By Royal Command of His Majesty King Bhumibol Adulyadej it is hereby proclaimed that WThei.~as it is deemed fitting to amend the law on air navigation; His Majesty the King, by and with the advice and consent of the assembly of the People's Representatives, is graciously pleased to enact the following Act: Section 1. This Act shall be called the "Air Navigation Act (No. 2) B.E. 2498". Section ~2. This Act shall come into force from the day following its publication in the Government. Gazette. Section 3. The following shall be added between the words "Licensed Aerodrorne" and "Air Navigation Facilitation Equipment" in Section 4 of the Air Navigation Act B.E. 2497: ""Temporary Take Off and Alighting for Aircraft" shall mean a land or water area set aside in part or in full for use temporarily by aircraft in alighting, take off, or movement, including a land surface cleared of trees or by other means levelled by one having no rights therein on which an aircraft might alight or from which it might take off and which is 30 metres or more in width and 300 metres or more in length." Section 4. The following shall be added as Section 50 bis of the Air Navigation Act B.E. 2497: "Section 50 bis. Except in case of emergency which might en- danger the aircraft, the person in control of an aircraft is forbidden to alight or take off at other than a licensed aerodrorne, licensed tem- porary take off and alighting for aircraft or place designated by noti- fication by the minister which the competent. officials have listed for that flight." Section .5. The following shall be added as Section 53 his of the Air Navigation Act B.E. 2497: ~`Section 53 bis. When it appears that a plot or several plots of land together has or have a surface 30 metres or more in width and 300 metres or more in length which might. be used by an aircraft for 1 Royal Thai Government Gazette No. 27, August 1955, p. 465. 2429 PAGENO="1028" 2430 AIR LAWS AND TREATIES OF THE WORLD alighting or take off, the competent officials shall have the power to order in writing the pe1~so11 who has rights in such land to erect such obstructions as may be specified in order to prevent such land from being used as a take off and alighting for aircraft. In such case, the said pei~on shall erect the obstruction within the time limit specified by the conipetent officials. In case the person with rights in the land is uiiable or unwilling so to erect the obstruction, the competent offi- cials shall have the power to erect it. It is forbidden to destroy, remove, or render useless the obstruction mentioned in the first paragraph unless permission is received from the competent officials. ~ct;on 6. Section 69 of the Air Navigation Act B.E. 2497 is re- pealed and replaced by the following "Section (19. Any person in control of an aircraft who violates section 17. iN or .~a) his shall be subject to a~ fine of not more than thirty thousand baht and imprisonment for not more than five years and if such violation is the cause of damage to the aircraft or peril to a person, the person in control of the aircraft shall be subject to a fine of not more than fifty thousand baht and imprisonment for not more than ten years." S~cfo~ ~. The following shall be added as Section 69 his of the Air Navigation Act BE. 2497: `Section 69 his. Any person in control of an aircraft who violates Section 19 shall he subject to a fine of not more than two thousand haht or imprisonment for not more than three months or both." ~cfion ~?. Section 72 of the Air Navigation Act B.E. 2497 is re- pealed and replaced by the following "Section 72. Any persoi~ in control of an aircraft who violates ion 22 shall be subject to a fine or not more than five thousand haLt or imprisonment for not more than two years or both." .~cction ~9. The following shall be added as Section 72 bis of the Air Navigation Act B.E. 2497: `Section 72 his. Any person in control of an aircraft who violates Section 27 shall be subject to a fine of not more than fifty thousand haLt and imprisonment for not more than ten years." ~eci~on 10. Section 79 of the Air Navigation Act~ B.E. 2497 is repealed and replaced by the following "Section 79. Any person who violates Section 51 or Section 53, ~)a1'agraph 1 shall be subject to a fine or not more than fifty thousand haLt and imprisonment for not more than ten years." ~cet;on 11. The following shall be added as Section 80 his of the Air Navigation Act B.E. 2497: ~`Section ~ his. At pei~on who violates the specifications of the onipetent officials under Section ~3 paragraph 2, does not carry out the orders of the competent officials under Section 53 his without siithicient reason, does not allow the competent officials to erect ob- structions under Section 53 his, or violates Section 53 his paragraph 2 shall be subject to a flue of not more than five thousand baht or im- I)r1sonme1~t for not more than two years or both." PAGENO="1029" AIR LAWS AND TREATIES OF THE WORLD 2431 AIR NAVIGATION ACT (NO. 3)2 B.E. 2502 BrI~IIBo~ ADULYADEJ P.R. Given on the 31st day of December B.E. 2502 Being the 14th year of the Present Reign By Royal Command of His Majesty King Bhumibol Adulyadej it is hereby proclaimed that Whereas it is proper to amend the law on air navigation; His Majesty the King, by and with the advice and consent of the Constituent Assembly in the capacity of Parliament, is graciously pleased to enact an Act as follows: Section 1. This Act shall be called the "Air Navigation Act (No. 3) B.E. 2502". Section 2. This Act shall come into force on and from the day fol- lowing its publication in the Government Gazette. Section 3. Section 21 of the Air Navigation Act. B.E. 2497 is hereby repealed and replaced by the following: "Section 21. Aircraft registrants. operators and officers and other persons aboard an aircraft shall ac.t in the. interest of safety in accord- anc.e with the rules of the Civil Aviation Commission." Section 4. Section 30 of the Air Navigation Act B.E. 2497 is hereby repealed and replaced by the following: "Section 30. Subject to Section 31, applicants for aircraft registra- tion under the. provisions of this Act shall be. the owner of the aircraft to be registered, or if not the. owner shall have the right of possession to such aircraft and shall have received permission from the Minister to effect. such registration. Applications for registration and registration of aircraft shall be governed by ministerial regulations." Section ~5. Section 31 of the. Air Navigation Act B.E. 2497 is hereby repealed and replaced by the following: "Section 31. Applicants for registration of aircraft, whether nat- ural or juristic persons, shall be. Thai nationals. If a limited company or partnership, it must be registered under Thai law with its principal office located within tIme Kingdom, and (1) if an ordinary partnership, all partners must be Thai nationals; (2) if a limited partnership, all partners with unlimited liability must be Thai nationals, and at least 70 percent of the capital of such partnerships must belong to natural persons having Thai nationality: (3) if a limited company, it shall have no bearer shares, a majority of the board of directors must be Thai nationals, and at least 70 pei~cei~t of the shares must. belong to persons of each or several of the following categories: (a) natural persons of Thai nationality, 2 Royal Thai Government Gazette, vol. 2, No. 172, Jan. 28, 1960, p. 41. PAGENO="1030" 2432 AIR LAWS AND TREATIES OF THE WORLD (b) ministries, public bodies, and departments of the govern- ment, (c) limited companies of which ministries, public bodies, and departments of the government hold not less than 70 percent of the total number of shares. If an association, it must be registered under Thai law with its principal office within the Kingdom, the by-laws of such association having been approved by the Civil Aviation Commission." Section 6. Section 32 of the Air Navigation Act B.E. 2497 is hereby repealed and replaced by the following: "Section 32. An aircraft registration certificate shall become invalid when (1) a change in ownership of the aircraft takes place in t.he event the owner was the registrant or a change in the right to possession takes place in the event the lawful possessor was the registrant; (2) the registrant of such aircraft lacks the qualifications prescribed under Section 31; (3) it appears that the ownership or right of possession of the air- craft's registrant is not as shown in the application for registration; (4) such aircraft is so damaged as to be unfit. for further use; (5) t.he air-worthiness certificate of such airc.raft has expired for more than six months; (6) such aircraft has disappeared for more than three months. In the event of (1) to (5), the aircraft. registrant shall return the registration certificate to the competent. officer without delay." Section 7. Section 35 of the Air Navigation Act B.E. 2497 is hereby repealed and replaced by the following: `~Se.c.tion 35. Upon finding that any aircraft shouTci be inspected or corrected, the competent. officer shall have the power to direct. the regis- trant of such aircraft to have such aircraft. inspected or corrected as specified within the time prescribed." Section 8. Section 61 of the Air Navigation Ac.t B.E. 2497 is hereby repealed and replaced by the following: `Section 61. Whe.n an accident happens to any aircraft within the Kingdom or to a Tha.i aircraft. abroad, t.he registrant of such aircraft if a Thai aircraft, or the representative of the owner if a foreign air- craft shall report. the accident to the competent officer without delay and shall file a report as provided in the rules of the Civil Aviation Commission." Section 9. Sect ion 70 of the Air Navigation Ac.t B.E. 2497 is hereby repealed and replaced by the. following: "Section 70. Any registrant of an aircraft. who contravenes Section 20, Section 32, last paragraph, or Section 33 shall be subject to a fine of not, more than two thousa.nd baht." Section 10. Section 82 of the Air Navigation Act B.E. 2497 is hereby repealed and replaced by the following: "Section 82. Any registrant. of an aircraft if suc.h aircraft is Thai, or representative of an owner if such aircraft. is foreign who contravenes Section 61 shall be subjec.t to a fine of not. more than five thousand baht..~' PAGENO="1031" AIR LAWS AND TREATIES OF THE WORLD 2433 AIR NAVIGATION ACT (NO. 4)3 B.E. 2504 BInmIIBoL ADtJLYADLJ P.R. Given on the 30th day of August. B.E. 2504 Being the 16th year of the Present Reign By Royal Command of His Majesty King Bhumibol Adulyadej it is he.reby proclaimed that Whereas it is proper to amend the. law on air navigation; His Majesty the King, by and with the advice and consent of the Constituent. Assembly in its capacity as Parliament, is graciously pleased to enact an Act. as follows: Section 1. This Act shall be called the "Air Navigation Act. (No. 4) B.E. 2504". Section 2. This Act shall come into force on and from the day fol- lowing its publication in the Government Ga zette. Section 3. The following shall be added as Chapter 6 bis and Section 60 bis and Section 60 ter of the Air Navigation Act B.E. 2497 re- spectively. "Chapter 6 bis Sec.t.ion 60 bis. Aircraft passengers using an airfield as a port of departure shall pay a fee for the use of the airfield at the rates pre- scribed by the Minister. The following aircraft passengers shall be. exempt. from payment of fees stated in the preceding paragraph: a) infants not. more than 2 years old, b) passengers of Thai or foreign state aircraft, c) passengers as may be e.xempted by Ministerial Regulations. Section 60 ter. The method of collection and payment of fe.es un- der the preceding Section shall be prescribed in ministerial regula- tions." Section 4. The following shall be added as Section 51 bis of the Air Navigation Act B.E. 2497: `~Section 81 his. Whoever fails to pay fees as provide.d in Section 60 bis shall be liable to a fine of not more than two hundred baht." Section 5. The following shall be added as 10 to the schedule of fees aimexed to the Air Navigation Act. B.E. 249~: "10. Air passenger's departure fee per time 50 baht." ~ Royal Thai Government Gazette, vol. 2, No. 156, Oct. 28, 1961, p. 4,63. PAGENO="1032" 2434 AIR LAWS AND TREATIES OF THE WORLD AIR NAVIGATION ACT (NO. 5)4 B.E. 2507 Bin-Minor, ADTTLYADEJ P.R. Given on the 7th day of July RE. 2507 Being the 19th year of the Present Reign By Roal Command of his Majesty Kink Bhumibol Adulvdaj it is hereby proclaimed that \Vhereas it is proper to amend the law on air navigation, His Majesty the King. by and with the advice and consent of the Constituent Assembly in its capacity as Parliament, is graciously pleased to enact an Act as follows: ~ 1. This Act shall he called the ~`Air Navigation Act (No. 5) B.E. 2507" Seeton 2. This Act shall come into force on and from the day fol- lowing its 1)ii~)licatioll in the Government Gazette. ~ .9. section 6 of the Air Navigation Act B.E. 2497 is repealed and replaced by the following ~ection 6. The Minister of Communications shall be in charge of the execution of this Act and is empowered to appoint competent officers, issue Ministerial Regulations fixing fees not exceeding the schedule annexed to this Act as well as exemptions therefrom and other matters pursuant hereto. such Ministeral Regulations shall take effect upon Publication in the Government Gazette. ~c1ectoii 4. section 60 his. of the Air Navigation Act B.E. 2497 amended by the Air Navigation Act (No. 4) B.E. 2504 is repealed. ~~~ccfi~on .5. section 60 ter. of the Air Navigation Act B.E. 2497 amended by the Air Navigation Act (No. 4) B.E. 2504 is repealed and replaced by the following: "Section 60 ter. The proprietors or persons entitled to possession of an aircraft or their agents shall collect the airfield use fee from their passengers. If the proprietors or persons entitled to possession of the aircraft or their agents are not within the Kingdom, the fees shall be collected by the person in charge of the aircraft or the corn- peteilt officer appointed by the Minister. The proprietors or persons entitled to possession of the aircraft, their agents or ompetent officers shall remit the fees collected under the first paragraph together with the passenger manifest certified by the~ competent officer under the immigration law to the airfield master within seven days from the (late of departure of the passengers. In the event the airfield use fees are collected by the person in charge of the aircraft, he shall remit them together with the passenger manifest certified by the competent officer under the immigration law to the airfield master prior to the departure of the aircraft. Proprietors, person entitled to l)ossession of an aircraft, their agents or persons in charge of aircraft who do not carry out the pro- visions of this Se~tion shall l)e liable to pay three times the amount of the ai ifielci use fees they were under a duty to collect. ~ /7. ~e(tion ~1 his. of the Air Navigation Act B.E. 2497 amended IYV the Air Navigation Act (No. 4) RE. 2504 is repealed. Royal Thai Government Gazette, Vol. 3, No. 381, June 7, 1964, p. 281. PAGENO="1033" TOGO Togo has not yet prornidgated any Civil Aviation Law of its own. Presun~ab1v, it applies the previous colonial legislation. 2435 PAGENO="1034" PAGENO="1035" TUNISIA (Law No. 59-~6 of June 19, 1959, concerning air navigation.1) CIIAVrER I. GENERAL PRovIsIoNs Article 1. For the application of this law shall be deemed: Aircraft, all contrivances which derive support in the atmosphere from reactions of the air; State aircraft, military aircraft or aircraft in public service; Private aircraft, till aircraft except state aircraft; Operator of an aircrafh any 1e~~on who has the disposal thereof and who uses it on his own account; in the case where the name of the operator is not recorded in the register or in some other official docu- ment, the owner shall be deemed the proprietor until there is proof t.o the contrary; Commander, any person in whom such capacity is vested by the operator or, if there is none, the first pilot.; Airdrome, any center of air traffic including installations necessary for such traffic, or land or water surface equipped even though tem- porarily for the landing and take-off of aircraft.. Unless there is a. provision to the contrary, the provisions of t.his law shall apply only to private aircraft. Article 2. Aircraft may fly freely above the territory of the Repub- lic. However, aircraft of foreign nationality may fly above Tunisian territory only when this right has been accorded them by a diplomatic convention or when they have, such authorization from the Secretary of State for Industry and Transportation for civil aircraft. and from the Secretary of State for National Defense for military aircraft; such authorization must be a. special and temporary one. Article 3. Flight, over allor part of the territory of the Republic may be prohibited by decree for national and foreign aircraft for rea- sons of military necessity or in the interest of public security. Article 4. There shall be issued by decree all regulations concern- ing air navigation, and in particular, those relating to aircraft, the crew thereof, air navigation and flight, airdromes and public services in charge of flight, payments, taxes, fees or use fees for the utilization of such airdromes and public services. Article 5. Registration of an aircraft operated in conformity with the regulations issued in implementation of this law and with other provisions dealing with its application shall confer Tunisian nationality. Article 6. All legal provisions relating to transportation, import, export. transit and trans-shipment of merchandise by land and water shall l)e applicable to air transportation. Rifles particularly appro- priate for air traffic may be promulgated by means of decrees. I Published in Journal Official de Ia R~pubiique Tunisienne, June 23-26, 1959. 2437 PAGENO="1036" 2438 AIR LAWS AND TREATIES OF THE WORLD Jit;7 7. When a flight route is prescribed for aircraft without scheduled landing on the territory of the Republic. they shall follow lie 1)res(mbed route and, if required. they shall identify themselves by signals while passing over points designated for this purpose. If they receive such order. they shall land on the nearest customs airport. Arfc/e 8. Any legal relationship arising between persons aboard an aircraft in flight shall be deemed to arise on the territory of the coun- try whose nationality the aircraft l)ossesSes, except ~vIiere the parties have agreed on the application of a particular law. \Vhile the. Tunisian Courts have jurisdiction, the court of the place of landing has concurrent jurisdiction. CHAPTER II. RESTRICTIONS IX THE INTEREST OF AIR N~~vrGATIoN A'rtcle 9. At the time of establishment or enlargement. of an air- drome open to public air traffic, special restrirtions to be called restric~- tions in the interest of air navigation may be establishment under the conditions specified in the following articles. Article 10. Except with prior authorization by the Secretary of State for Industry and Transportation it shall be prohibited, around the airdromes mentioned in the preceding article, in certain areas be- ginning at. the borders of such airdromes, to create or continue the existence of fixed obstacles or of plantings of a height determined by the Secretary of State for Industry and Transportation. The areas specified in the preceding paragraph shall be defined by ordinance of the Secretary of State for Industry and Transportation. Ji f,r-7~ 17. The boundaries of airdromes shall be the limits which are established by landmarks agreed llj)Ofl after a hearing with the owner of the adjoin in~r I and rn by the exist ence. on t lie bounclar of an airdrome, of natural limits such as watercourses or administrative limits when the airdrome adjoins land in the public domain such as roads, ways, canals, or, in the case of a body of water, the boundaries defined by a system of markers, such, as buoy, ranges. or bearings. In cases where the enlargement of an airdrome has been decided upon. an extension plan shall be draw-n up indicating the limits to which the airdrome will extend. The areas defined in article 10 shall be considered to l)egin at the l)oundaries of the airdromes as indicated in the extension plan. Article ]2, Maintenance and repair work on buildings and on all oilier installations whose height exceeds that provided for in the plan setting up restrictions and any work which may lead to the creation of any structure capable of presenting a danger to air navigation lutist be authorized by the Secretary of State for Industry and Transportation. Ait;ele 19. Within the areas defined in Ai'ticle it) above and against pa ment of a compensation. there may be ordered the removal or modi- fication of buildings of permanent construction, of light structures, enclosures, plantings, and all other obstacles which appear dangerous to air navigation provided such buildings or other obstacles exceed the height specified in article 10 above or in the building plan. In cases where tile removal or modification applies to buildings of permanent. construction, tile procedure shall be in conformity with tile decree. of March 9. 1939 (17 Moharem 135~), and in other cases tile compensation shall be determined in conformity with the provisions of the decree of August ~0, 1888 (1~ doul hidja 1305) regarding tem- porary occupation in public works. PAGENO="1037" AIR LAWS AND TREATIES OF THE WORLD 2439 Article 14. Whenever the imposition of restrictions causes actual and certain damage. to the landowner atlected thereby, all such owners and their representatives shall be entitled to compensation iii the amount of the proven damage. The demand for compensation must reach the secret ary of State for Industry and Transportation within one year froiii publication of the ordinances p1~o\idecl for in article. 10, or it shall be forfeited. Wrhen no amicable settlement can be ieached between the party in interest and the Secretary of State for Industry and Transportation, the claims concerning such coinpensat ion shall be adjudged by the courts. Article 15. Any buildings, or alterations whatever, and any increases in height. of buildings made after publica.tioii of the. ordinances pro- vicled for in article 10 in the zone of protection de.fiuiecl in the preceding articles shall be. prestimeci to have been made for the sole purpose of obtaining a compensation or an increased compensation in all other cases no compensation or increased compensation shall be payable when the Secretary of State for Industry and Transportation de- termines that the obstacle subject t.o restrict.ions has been established only in order to obt.ain such compensation or such increased compensa- tion. Article 16. Independent, of the above provisions concerning re- stricted zones in the. neighborhood of airdromes, there shall also be required prior authorization from the Secretary of State for Industry and Transportation for the installation of cables, out.side of said zones whenever such cables or their suports must. he. located at any point, of the line at a distance from the ground that. is greater than that specified in an ordinance issue.d by the. Secretary of Stat.e for Industry and Transportation. Article 17. The Secretary of St.ate for Industry and Transpoi-tation may prescribe throughout the territory of the Republic the. erection of bea.cons for da.y and night use or for day use only on all obstacles which he. considers dangerous to air navigation. The type of such beacons shall be. determined by the. Secretary of State for Industry and Transportation. The cost of installation and maintenance, of such beacons shall be defrayed by the State, except for electric transmission lines or for cables of aerial railways; in such cases. said costs shall be borne by the operators. CHAPTER III. INJLRIES AND LIABILITY Article 18. During air navigation commanders must comply with the regulations relating to air traffic, with the routes, lights and signals, and nmst take all precautions necessary to avoid injuries. Article 1.9. In case of in~ ur'v caused by an aircraft in flight to another aim-craft in flight, the. responsil.)ility of the commander and of the operator of the aircraft shall be determined in accordance with the provisio1~s of the Code of Obligations and Contracts. 4rti~e7e 20. The operator of an aircraft shall be full liable for injuries to persons and property on the. around caused by the flight of the aircraft or by objects falling therefrom. Such liability ma be diminished or avoided only by proof that it was caused by the victim himself. PAGENO="1038" 2440 AIR LAWS AND TREATIES OF THE WORLD Art~7e 21. Unless there is authorization it shall be prohibited to throw from an aircraft. in flight, other than in the case of force rn~ajeure any goods or objects of any kind except. regular ballast. In the case of injury caused to persons and property on the ground by jet.tisoning in accordance with an authorization, because of force ma)evre, or jet.tisoning of regular ballast, the liability, shall be de- termined in accordance with the provisions of the preceding article. Article 22. In the case. of disappearance of an aircraft without any communication, the aircraft shall be deemed lost, three months from the date when the last communication was sent. After that date the persons aboard the aircraft may be declared dead by the courts in conformit.y with the provisions of the Code on Civil Status either at the. request of the interested persons or cx offi~cio. The Secretary of State. for Industry and Transportation shall under- take. an administrative inquiry without a special form and shall rende.r a decision stating that. there is a presumption of tota.l loss. The in- formation necessary for judicial declaration of death shall be pro- vided by the State Attorney of the respective jurisdiction. CHAVrER I'\. CRIMINAL PRovIsIoNs A rfele 2-3. There shall be punished by imprisonment, of from one to five days and by a fine of from 24 to 120 Dinars or by only one of these penalties: 1. Any captain who make.s a flight. without. having aboard the documents prescribed by the regulations; 2. Any captain who violates the regulations concerning the keeping of flight documents or of a.ny ot.hers relating to the air- craft: 3. Any operator of an aircraft who at. the request of the author- ities of jurisdiction does not produce the flight logs and aircraft certificates during the time prescribed for the preservation of these documents. Article 24. There shall be IMlflished by the penalties specified in the preceding article any person who, in violation of the regulations, ordinances or instructions law-fully given by the competent officials, transports on an aircraft an~- photographic or motion picture equip- ment or who uses such equipment. Artcle 2.~. There shall be punished by the penalties specified in Article 23, any person who enters or move.s about. on an airdrome or any area of an airdrome that. is not open to the public or who, without authorization, uses an airdrome for purposes for which it. is not in- tended. The penalty shall i.e imprisonment of from six days to dne year and a fine of from 120 to 2400 (linars when the act is committed with the aid of a ladder, by breaking and e.ntering 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. Art;cle 2G. There shall be. punished by a fine of from 120 to 2400 dinars and by imprisonment of from six days to one year or by only one of these penalties any captain w-ho: 1. Lands on or takes off from an airdrome without prior au- thorizat ion from the competent authority; PAGENO="1039" AIR LAWS AND TREATIES OF THE WORLD 2441 ~. TJfld~I.t~ik~~ a flight with an aircraft that is not registered or does not have either a license, or certificate. of airworthiness, or whose license or certificate of airworthiness has expired; 3. W~ithout obtaining the necessar authorizations, uses a air- craft for commercial transportation of persons or goods, or for aerial work such as instruction, photography. publicit~T or adver- tising. If there was one or more passengers oii board, the maximum fine shall be raised to 4800 dinars and the maximum imprisonment, to three years. There shall always be a prison sentence notwithstanding the application of article 53 of the Criminal Code. There shall be punished by the. same penalties any operator who knowingly permits such take-off or landing. Artcle 27. There shall be punished by a fine of from 24 to 1200 dinars and by imprisonment of from six days to one year or by only one of these penalties, any captain or operator of an aircraft. who fraudulently destroys the flight logs or documents or any other docu- ment~ concerning an aircraft before the expiration of the validity of the documents or of the period during which they must be preserved. Article 28. There shall be punished by a fine of from 120 to 2400 dinars a.nd by imprisonment of from six days to one year, 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 a fine of from 240 to 4800 dinars and by imprisonment of from six months to three years, any captain who knowingly alters or disguises the distinctive marks assigned to an air- craft or who uses an aircraft whose distinctive marks have been altered or disguised. There shall be punished by the same penalties any operator of an aircraft who know-ingly permits such take-off. Article 29. There shall be punished by a fine of from 120 to 2400 dinars and by imprisonment of from six days to one month or by only one of these penalties, any person who pilots an aircraft without possessing the warrants and licenses of qualification required by the laws and regulations. Imprisonment shall be not less than fifteen days and the fine not less than 480 dinars, if, at the time w-hen the unlawful act w-as committed, there were one or more passengers on 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 preced- ing paragraphs. Article 30. There shall be punished by a fine of from 120 to 2400 dinars and by imprisonment of from six days to three years, any per- son who, without authorization from the operator uses an aircraft or attempts to use it. Article 31. There shall be punished by a fine of from 240 to 2400 dinars and by imprisonment of from six days to two months 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 one month and the fine not less than 480 dinars, if, at the time when the unlawful act was committed, there were one or more passengers aboard, and there shall always be PAGENO="1040" 2442 AIR LAWS AND TREATIES OF THE WORLD a prison sentence notwithstanding the application of article 53 of the Criminal Code. Ai'ti~'7e 32. There shall be punished by a fine of from 120 to 2400 dinars and by imprisonment of from six days to one month or by only one of these penalties, any captain who violates the pro\isions of the decrees issued in application article 3 of this law. In the case of escape or refusal to land, he shall be sentenced to a fine of from 240 to 4800 dinars and to imprisonment of from six months to five years. Any captain who violates the provisions of this article shall land on the nearest Tunisian 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 33. There shall be punished by a fine of from 120 to 2400 dinars and by imprisonment of from six days to one month or by only one of these penalties, any captani who violates the regulations concerning lights and signals and the navigation of aircraft. Art;cle 34. There shall be punished by a fine of from 120 to 2400 dina.rs and by imprisonment of from six days to one month, or by only one of these penalties. any captain who loads or unloads passen- gers or goods in violation of any regulations. Ai'tic7~ 3.5. There shall be punished by a fine of from 24 to 120 dinars and by imprisonment of from 1 to 5 days or by only one of these penalties, any captain who flies ove.r an inhabited area or any other place 1)opulated 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. Article 36. There shall be punishe.d by the penalties prescribed 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. Artcle 37. There shall he 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 safet.y. Article 38. There shall be punished by a~ fine of from 24 to 120 dinars and by imprisonment of from 1 to 5 days or by only one of these penalties any person who, without authorization, organizes shows or exhibitions involving maneuvers of aircraft, exercises considered acro- batic or demonstrations of parachute jumping, and [there shall be the same penaltie.s for] any person who participates in such shows, exhi- bit ions, exercises or demonstrations. Article 39. There shall be punished by a fine of from 24 to 120 dinars and by imprisonment of from 1 to 5 days 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 flightY t.icket~ or by the consent of the operator or the captain; PAGENO="1041" AIR LAWS AND TREATIES OF THE WORLD 2443 2. Any person who does not comply, or refuses to comply with the instructions given by the captain or the person in charge re- garding the safety of the aircraft or of the passengers; 3. Any person who enters an aircraft either in a condition of drunkenness, or under the influence of narcotics, or gets into such a condit.ion during the flight. In the case of repetition within five years, there shall always be a prison sentence. Article 40. There shall be punished by a fine of from 120 to 720 dinars and by imprisonment of from 6 days to 2 months or by only one of these penalties, any person who throws or lets fall, from an aircraft in flight, any object liable to cause damage to another person. Article 41. There shall be punished by a fine of from 120 to 2400 dina.rs and by imprisonment of from 6 days to 1 month or by only one of these penalties any person who, without authorization, transports by aircraft, or loads a.board an aircraft, for transportation, any ex- plosives, weapons, or munitions of war, mail or postal dispatches or any other object or matter whose transportation by air is prohibited by the laws, regulations, or instructions. Article 42. There shall be punished by imprisonment of from 5 to 10 years, any person who deliberately impairs the airworthiness or flight 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 t.he act. leads to the de.ath of a person, the guilty person shall be sentenced to forced labor for life. Article 42. There shall be punished by a. fine of from 24 to 120 dinars and by imprisonment of from 1 to 5 days or by only one of these penalties, any person who, without intent or because of lack of fore- sight or precautions, commits an act of a kind that imperils ~ aboard an aircraft. If bodily injuries result from the accident, the. guilty person shall be punished by a fine of from 120 to 720 dinars and by imprisonment of from six days to 2 months. If the accident causes death, the fine shall be of from 240 to 2400 dinars, and the imprisonment, of from 2 months to 2 years. Article 44. Violations of the provisions of Chapter II of this law shall be prosecuted before the criminal courts and shall be punished by a fine of from 4 to 720 dinars without thereby affecting the penalties provided for in the criminal Code in case an accident results from such viol at ion. Independent of any administrative fine to which they may be subject. the persons committimr the violations or those who are subject to civil liability shall bc forced by the court. to remove, the structures subject. to the restriction or to establish and maintain the beacons specified in article. 10. If they do not comply within the period specified to them to this effect by the court, the Administration shall have the right to do so, at their expense, risk and peril, and to recoup from them the expenses incurred. Article 4.5. Whenever they are not. punishable by a special penalty under this law, violations of any provisions of the decrees issued in application of this law shall be punished by a fine of from 24 to 120 39-737 0-65-vol. II-~66 PAGENO="1042" 2444 AIR LAWS AND TREATIES OF THE WORLD dinars, and by imprisonment of from 1 to 5 days, or by only one of these penalties. Violations of the regulations issued by the Secretary of State for Industry and Transportation shall be punished by a fine of from 6 to 24 dinars and by imprisonment of from 1 to 5 days or oniy one of these penalties. Decrees or ordinances issued by the Minister which, under excep- tional circumstances, temporarily prohibit the flight of aircraft above certain areas of the te.rritory or impose other urgent. measures w1th immediate effect, shall provide for t.he manner of publication, such as broadcast by radio or posting at airdromes, by which, because of the urgency, notice will be given to the parties in interest. Article 46. Any captain who has been sentenced for a violation specified in this law or by the decrees issued for its application, and who commits a new violation of such laws or decrees within five years count.ing from the day when he has suffered or been condemned to the penalty may be sentenced to a penalty of twice t.he maximum pre- scribed for t.he violation. Article 47. The penalties provided for in this law shall be imposed without thereby affecting the application of others provided for in other criminal or fiscal laws. Furthermore, they shall be imposed without thereby affecting any administrative or disciplinary sanctions and payment of damages, if any. Article 48. Violations committed aboard a Tunisian aircraft in flight, shall be deemed to have been committed in Tunisia and may be prosecuted there even if the accused is not found on the territory of the Republic. In t.he case of a crime or misdemeanor committed aboard a foreign aircraft, the Tunisian courts shall have jurisdiction if the person com- mitting t.he act or the victim has Tunisian nationality or if the aircraft lands in Tunisia after commission of the crime or misdemeanor. The courts of jurisdiction shall be those of the place of landing in case of arrest at. the time of landing. or those of the place of arrest in case the person committing the violation is later apprehended in Tunisia. Article 49. Apart from officers of the judicial police, pursuit of violations of the provisions of this law and t.he decrees issued for its application, shall be within t.he jurisdiction of the agents of Internal Revenue of t.he agents of the Service of Water and Forestry or Cus- toms of t.he national guards, of t.he engineers of t.he Bureau of Mines, of the officials of the Technical service of the Civil Aeronautics Board, of the army, navy and of age.nts of the army or navy commissioned for this purpose. Article 50. The State attorney, the magistrate [juge d'instruction], and the authorities designated in the preceding article shall have power to seize. explosives, weapons and munitions, photographic quipment. radio telegraph and telephone equipment., and all other objects found in violation of provisions of the law or the regulations. These authorities may seize cameras and films on board of aircraft which, while authorized to transport such objects, are flying above prohibited areas as provided in article 3. PAGENO="1043" AIR LAWS AND TREATIES OF THE WORLD 2445 Confiscation of objects and equipment lawfully seized shall be declared by the court. Article 51. Aircraft whose flight documents as prescribed by the regulations are not produced or whose registration marks do not agree with those on the certificate of airworthiness, may be detained by the competent authorities at the expense and the risk of the operator until the identity of the operator has been determined. Aircraft which do not satisfy the regulations pertaining to air- worthiness or for which fees, taxes, dues, or regulatory charges have not been paid, may also be detained under the condit.ions determined by the regulations until such regulations have been complied with. Article 52. An official report [proces-verbal] stating the violations specified in this law and in the decrees issued for its application, shall be transmitted without delay t.o the State Attorney. Article 53. All provisions in conflict with this law are hereby abrogated. Article 54. This law shall be published in t.he Journal Officiel de la Republique TuniBienne and shall the have the effect of a law of the State. PAGENO="1044" PAGENO="1045" TURKEY Turkish legislation now in force does not provide for a uniform body of laws regulating civil aviation 1 from the point of vie~v of in- ternational law and Turkish domestic law. un the course of many decades, several bills for a codified law on civil aviation were prepared and proposed but none of these was ever acceJ)ted. In this direction special efforts were made after the Chicago Convention by the end of World War II when the Turkish Ministry of Communications estab- lished a Commission entrusted with the. preparation of a draft law on aviation. Also, an ICAO Technical Assistance Mission with a legal expert went to Turkey to join these efforts. The Mission, how- ever, did not seem to be satisfied with the achievements and the draft never reached a final stage and was never approved. Since then, fur- t.her studies are being made but so far without success. The only major source of Turkish air law is considered to be the Regulation of Air Navigation of September 9. 1925; 2 it. constitutes the main set of legal provisions regulating aerial navigation in the country. In the field of international relations with respect to aviation, Tur- key never adhered to the Convention Relating to the Regulation of Aerial Navigation of October 13, 1919. Nevertheless, the Turkish Regulation of September 9. 1925 was issued for the purpose of imple.- ment.ing the 1)ro\'lsions of this Convention. At the. end of World W~ar II, Turkey took part in the International Civil Aviation Conference at. Chicago and signed the ICAO Convention and its accompanying instruments. With regard t.o aerial navigation in the. zone.s of the Straits, the above-mentioned Regulation of 1925 expressly stipulates that the pro- visions of the Treaty of Lausanne. of July 24, 1923, are to be strictly observed. I For complete coverage of the civil aviation legislation and problems in Turkey see Nazir Zeytinoglu. Etude de droit adrien ture. Lausanne. 1951 : Miecyi~k-aw Budek. "Turkish Conimercial Aviation.'' The journal of Air Law and Co ii in rice, v. 23. No. 4. Autumn 1956: 379-478 and Eugen Pepin. Development of the National Legislation on Ai'iotion since the Chicago Con rention" toe. cit. v. 24. No. 1. Winter 1957. 19. 2 For an English translation of this Regulation, with comments by the translator. ~ee Budek, toe. cit., at 465-472. 2447 PAGENO="1046" PAGENO="1047" UGANDA Uganda operates primarily under the Colonial Air Navigation Order, 1961 1, which has been adopted by Uganda by Legal Notice No. 15, E.A.S.C.O. Gazette Supplement No 2 (Subsidiary Legislation No. 2), Jan- uary 31, 1962. Kenya, Uganda, Tanganyika, and Zan- zibar (Tanzania) jointly operate East Africa Airways. Legal Notice No. 72 2 THE COLONIAL AIR NAVIGATION ORDER, 1955 THE EAST AFRICAN TTSTOMS AIRPORT (AMENDMENT) (No. 2) ~ 1955 IN EXERCISE of the powers conferred by article 60 of the Colonial Air Navigational Order, 1955, the High Commission hereby makes the following Order :~ 1. This Order may be cited as the East African Cus- toms Airport (Amendment) (No. 2) Order, 1955, and shall be read and construed as one with the East African Customs Airport Order, 1952, hereinafter referred to ~ as the principal Order, and all amendment thereto and shall come into operation on tile 1st January, 1956. L.N. 5 2. Paragraph 2 of tile principal Order is hereby of 1955. amended by tile addition thereto immediately after the words "relating to Customs" of the words "and subject to tue conditions, if any, set out. in such c.olunm." 3. The Schedule to the principal Order is hereby amended in the following resperts~ (a) by the insertion in tile first columrt immed- iately after tile word "Songea" in item 10 of the words "for refueling only"; (b) by the insertion thereon immediately after item 12 of the following new item as item 13. 13. Mtwara Au area measuring 180 feet by 180 feet on the west side of the terminal building enclosed b four `L' shaped marks painted yellow, each arm of each `L' being 2 feet long and 6 inches wide". 1 See United Kingdom. 2 Subsidiary Legislation, 1955. 2449 PAGENO="1048" 2450 AIR LAWS AND TREATIES OF THE WORLD (Subsidiary Legislation No. 11) Lega7 Notice No. ~58 STATUTORY INSTRUMENTS * 1955 No. 1651 EAST AFRICA THE EAST AFRICAN TERRITORIES (AIR TRANSPORT) (AMENDMENT) ORDER IN COUNCIL, 1955 At the Court at Buckingharn Palace, the 28th day of October, 1955 Present, The Queen's Most Excellent Majesty in Council. `WHEREAS it. is expedient to amend the East African Territories (Air Transport) Order in Council, 1945 a, (hereinafter called ~the principal Order") in the manner hereinafter appearing Now therefore, Tier Majesty, by virtue and in exercise of the po~rs in this behalf by the British Settlements Acts, 1~8~ and 1945 b~ the Foreign Jurisdiction Act, 1890 `. or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows 1. (1 This Order may be cited as the East African and corn- Territories (Air iransport) (Amendment) Order in mencernent. - - ( ouncil, l9aa, and shall be. construed as one with the East African Territories (Air Transport) Orders in Council, 1945 and 1953 d (2) This Order and the East African Territories (Air Transport) Orders in Council, 1945 and 1953 may be cited together as the East African Territories (Air Trans- port) Orders in Council, 1945 to 1955. (3) This Order shall come into operation on the third day of November. 1955. ~. For paragraph (Ii) of sub-section (2) of section 10 of ~principa1 of the princil)al Order there shall be substituted the fol- Order. lowing paragraph :- (ii) to acquire., operate or manage restaurants and to provi(le accommodation in hotels for passengers, and facilities for the transport. of passengers to and from aerodromes, and for the collection and delivery and storage of baggage and freight :". EXPLANATORY NOTE (This Note is not part ot the Order, but is intended to indicate its gencral. purport.) The purpose of this Order is to make clear that the powers of East African Airways include the operation of restaurants. * Subsidiary Legislation for 1955. SR. & 0. 1945/1370: Rev. VIII, p. 342 ; 1945 1, p. 397. b 50 & 51 Vict. c. 54 : 9 & 10 Geo. 6, c. 7. 53 & 54 Vict. c. 37. ~ S.R. & 0. 1945/1370; S. I. 1953/590. PAGENO="1049" AIR LAWS AND TREATIES OF THE WORLD 2451 STATITTORY INSTRUMENTS 1955 No. 709 CIVIL AVIATION THE COLONIAL CIVIL AVL~TION (APPLICATION OF ACT) * (AMENDMENT) ORI)ER, 1 9 Made 6th May, 1955 Laid before Parliament 6th May. 1955 Corning into Operation 1st July. 1955 At the Court at Buckingham Palace, the 6th day of May, 1955 Present. The Queen's Most. Excellent Majesty in Council Whereas it is expedient to amend the. Colonial Civil Avi- ation (Application of Act) Order, 1952 a (heremafter referred to as the ~`principal Order") ni the manner Iiereiiiafter appearing: Now, therefore., Her Majesty, in pursuance of the pow~ers vested in Her by the Civil Aviation Act, 1949 b, and of all other po~~e~ enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows 1. (1) This Order may be cited as the. Colonial Civil ~ Aviation ( Application of Act ) ( Amendment ) ( )rcler and coin- ~ mencernent. 19~, and shall be construed as one with the. (~ olonial Civil Aviation (Application of Act Orders, 1952 to 1954 c (2) This Order and the Colonial Civil Aviation (~p~ Amend~ent of Article 2 plic.ation of Act) Orders, 19o2 to 19o4, may be cited to- of the gether as the Colonial Civil Aviation (Application of ~r~pa1 Act) Orders, 1952 to 1955. (3) This Order shall come into operation on the 1st day of July, 1955. 2* For the removal of doubts it is hereby declared that the. expression "Governor'S in paragraph (1) of Article 2 of the. principal Order means~ (a) in relation to Nigeria the person for the time be.mg performing the functions of the Governor- General of the. Federation of Nigeria, and (b) in relation to Zanzibar the person for the time being performing the functions of British Resident, Zanzibar, and accordingly for the definition of "Governor" in the said paragraph the following definition is hereby sub- stit.utecl- * Ibid. ST. 1952/SOS (1952 I. p. 565). 12, 13 & 14 Gpo. 6. c. 67. SI. 1952/SOS. 1953/591, 1669, 1954/830 (1952, I, p. 365; 1953 I, pp. 275, 277j. PAGENO="1050" 2452 AIR LAWS AND TREATIES OF THE WORLD ~Governor~' means the officer for the time bein administering the Government of the Colony, an in relation to Nigeria means the person for the time being performing the functions of the Governor- General of the Federation of Nigeria, and in relation to Zanzibar means the person for the time being per- forming the functions of British Resident, Zanzi- bar;". EXPLANATORY NOTE This Xote is not part of the Order but is intended to indicate its general purport.) The purrose of this Order is to clarify the definition of "Gov- ernor in the Colonial Civil Aviation (Application of Act) Order, 1t~2. Lega7 ~Vetice Xo. .35 THE CARRIAGE BY AIR (NON-INTERNATIONAL CARRIAGE) (COLONIES. PROTECTORATES AND TRUST TERRITORIES) * (AMENDMENT) ORDER~ 1955 The text of the Carriage by Air (Non-International Carriage) (Colonies, Protectorates and Trust Territo- ries) (Amendment) Order, 1955, made by Her Majesty in Council on the 6th May. 1955, is published for general in format ion. Nairobi, 1~th June, 1955. STATUTORY INSTRUMENTS 1955 No. 710 CIvIL AVIATION TIlE CARRIAGE BY AIR NON-INTERNATIONAL CARRIAGE) (COLONIES, PROTECTORATES ANT) TRUST TERRITORIES) AMENDMENT) ORDER, 1955 Made 6th May, 1955 Laid before Parliament 6th May, 1955 Coming into Operation 1st July, 1955 At the Court at Buckingham Palace, the 6th day of May, 1955 Present, The Queen's Most Exce1lent~ Majesty in Council Whereas it is expedient that the Carriage by Air (Non- International Carriage) (Colonies, Protectorates and Trust Territories) (Order, 1953 a) (hereinafter referred * Ibid. SI. 1953/1206. (I. 258). PAGENO="1051" AIR LAWS AND TREATIES OF THE WORLD 2453 to as the "principal Order") should be amended in the manner hereinafter appearing: Now, therefore, Her Majesty. in pursuance of the pow- ers conferred upon Her by the. Carriage. by Air Act, 1932 b, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows 1. (1) This Order may be cited as the Cai'riao'e by Air Citations, con- struction and (i~ on-International Carriage) (Colomes, Protect orates commencement. and Trust Territories) (Amendment) Order, 1955. and shaH be construed as one w-ith the Carriage by Air (Non- International Carriage.) (Colonies, Protectorates and Trust. Territories) Order, 1953. (2) This Order and the principal Order may be cited together as the Carriage by Air (Non-International Car- ria.ge) (Colonies, Protectorates and Trust Territories) Orders. 1953 and 1955. (3) This Order shall come into operation on the 1st. day of July, 1955. 2. (1) For the removal of doubts it is hereby declared ±~nld~enft of that the expression "Governor of a territory" in para- the principal graph (1) of Article 2 of the principal Order means~ Order. (a) in relation to Nigeria the person for the time being performing the functions of the. Governor- General of the. Federation of Nigeria. and (b) in relation to Zanzibar the person for the time being performing the functions of British Resident, Zanzibar, and accordingly for t.he definition of "Governor of a ter- ritory" in the said paragraph the following definition is hereby substituted- ""Governor of a territory" means the officer for the time being administering the Government of t.hat. territory, and in relation to Nigeria means t.he person for the time being performing t.he functions of the Governor-General of the Federation of Nigeria, and in relation to Zanzibar means the person for the time being performing the functions of British Resident, Zanzibar;". (2) In paragraph (1) of Article 2 of the principal Order t.he definition of "Territory" shaH be amended by the substitution of the word and number "Article 7" for t.he word and number "Article 6" appearing t.herein. 3. For the word and number "Article 6" at the. head of Amendment of the Fourth the Fourth Schedule to the principal Order there shall be Scl~edule to substituted the word and number "Article 7". EXPLANATORY NOTE (This Note is not part of the Order hut is intended to indicate its general purport.) The purpose of this Order is to clarify the definition of "Gov- ernor of a territory" in the Carriage by Air (Non-International Carriage) (Colonies. Prot.ect.orates and Trust. Territories) Order. 1953. Two typographical errors have also been corrected in that Order. b 22 & 23 Geo. 5, c. 36. PAGENO="1052" 2454 AIR LAWS AND TREATIES OF THE WORLD Le~a7 Vot~'~ Xo. 36 THE COLONIAL CIVIL AVIATION (APPLICATION OF ACT) (AMENDMENT) ORDER. 19~j The text of the Colonial Civil Aviation (Application of Act) (Amendment) Order, 1955, made by her Majesty in Council on the 6th May, 1955, is published for general information. Nairobi. 17th June, 1955. Lega.7Xoti~e ~Vo. 81 THE COLONIAL AIR NAVIGATION ORDERS,* 1955 TO 1957 THE COLONIAL AIR NAVIGATION (EXERCISE OF POWERS) (COLONY AND PROTECTORATE OF KENYA) ORDER, 1957 IN EXERCISE of the powers High Commission by Article 16 (2) Navigation Orders, 1955 to 1957, the lug by virtue of the provisions of Powers Order. 1956. on behalf of the hereby makes the following Order 1. This Order may be cited as the Colonial Air Navi- gation (Exercise of Powers) (Colony and Protectorate of Kenya) Order. 1957. 2. It is hereby declared that the power to make regula- tions conferred upon the High Commission by Article 68 of the Colonial Air Navigation Orders, 1955 to 1957, may be exercised in relation to the Colony and Protecto- rate of Kenya by the Governor thereof in respect of pre- scribing. under Article 52 of the said Orders, the follow- ing charges- (a) fees for landing aircraft: (b) fees for parking aircraft; and (c) fees for housing aircraft. Nairobi, 22nd November, 1957. Lega7 Xotice ~Vo. 82 THE COLONIAL AIR NAVIGATION ORDERS, 195~ TO 1957 THE COLONIAL AIR NAVIGATION (EXERCISE OF POWERS) (TRVST TERRITORY OF TANGANYIKA) ORDER, 1957 IN EXERCISE of the powers conferred upon the High Commission by Article 76 (2) of the Colonial Air Navigation Orders, 1955 to 1957, the Administrator, act- ing by virtue of the provisions of the Delegation of Pow- conferred upon the of the Colonial Air Administrator, act- the Delegation of High Commission, L.N. 31 of 1955. LX. 7 of l95~J. LX. 31 of 1955. * Subsidiary Legislation, 1957. PAGENO="1053" AIR LAWS AND TREATIES OF THE WORLD 2455 ers Order, 1956, on behalf of the High Commission. ~ hereby makes the following Order :~ 1. This Order may be cited as the Colonial Air Navi- gation (Exercise of Powers) (Trust Territory of Tan- ganyika) Order, 1957. 2. It is hereby declared that the power to make regu- lations conferred upon the High Commission by Article 68 of the Colonial Air Navigation Orders, 1955 to 1957, may be exercised in relation to the Trust Territory of Tanganyika by the Governor thereof in respect of pre- scribing, under Article 52 of the said Orders, the follow- ing charges- (a) fees for landing aircraft; (b) fees for parking aircraft: and (a) fees for housing aircraft. Nairobi, 22nd November, 1957. Legal Notice No.83 THE COLONIAL AIR NAVIGATION ORDERS,* 1955 TO 1957 THE COLONIAL AIR NAVIGATION (EXERCISE OF POwERs,) (PROTECTORATE OF II GANDA) ORDER, 19s~ IN EXERCISE of the powers conferred upon the High Commission by Article 76(2) of the Colonial Air L~N~ Navigation Orders, 1955 to 1957, the Administrator, ac.t- ~ ing by virtue of the provisions of the delegation of c~1~6. Powers Order, 1956, on behalf of the High Commission, hereby makes the following Order :- 1. This order may be cited as the Colonial Air Naviga- tion (Exercise of Powers) (Protectorate of ITganda) Order, 1957. 2. It is hereby declared that the po~ver to make regula- tions conferred upon the High Commission by Article 68 of the Colonial Air Navigation Orders, 1955 to 1957, may be exercised in relation to the Protectorate. of Fganda by the Governor thereof in respect of prescribing, under Article 52 of the said Orders, the following charges :- (a) fees for landing aircraft; (b) fees for parking aircraft: and (c) fees for housing aircraft. Nairobi, 22nd November, 1957 Legal Notice No 35 TilE EAST AFRICAN TERRITORIES (AIR TRANSPORT) (AMENDMENT) ORDER IN CoUNCIL. 1958* The text of the East African Territories (Air Trans- port) (Amendment) Order in Council, 1958, made by * Subsidiary Legislation, 1961. PAGENO="1054" 2456 AIR LAWS AND TREATIES OF THE WORLD Her Majesty in Council on 3rd June, 1958, is published for general information. Nairobi, 7th July, 1958 STArr-TORY INSTRUMENTS 1958 No. 916 EAST AFRICA THE EAST AFRICAN TERRITORIES (AIR TRANSPORT) (AMENDMENT) ORDER IN COUNCIL 1958 Made 3rd June, 1958 Laid. before Parliament 9th June, 1958 Corning into Operation 1st July, 1958 At the Court. at. Buckingha.m Palace, the 3rd day of June, 1958 Present, The Queens Most Excellent Majesty in Council Her Majesty. by virtue and in exercise of the powers in that behalf by the British Settlements Acts, 1887 and 1945 a, the Foreign Jurisdiction Act, 1890 b, or other- wise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows :- Citation, 1. (1) This Order may be cited as the East African constructionl andcorn- lerritories (Air Iransport) (Amendment) Order in mencernent. Council, 1958, and shall be construed as one with the East African Territories (Air Transport.) Orders in Council, 1945 to 1955. (2) The East. African Territories (Air Transport) Orders in Council, 1945 to 1955, and this Order may be cited together as the East African Territories (Air Transport) Orders in Council, 1945 to 1958. (3) This Order shall come into operation on t.he 1st (lay of July, 1958. 2 Sub-section (1) of section 8 of the East African Ter- of the East ritorie.s (Air Transport) Order in Council, 1945 ~, as ~ amended by the East. African Territories (Air Trails- Transport) port) (Amendment.) (No. 2) Order in Council, 1955 d, Order in Council. 1945. 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6, c. 7. b 53 & 54 VIct. c. 37. S.R. & 0. 1945/1370 (Rev. VIII, p. 342: I, p. 397). SI. 1955/1819 (1955 I, p. 682). PAGENO="1055" AIR LAWS AND TREATIES OF THE WORLD 2457 is amended by the substitution of the word `~six" for the word "five" appearing in paragraph (b). EXPLANATORY NoTE (This Note is not part of the Order but is intended to indicate its general purport.) The East African Airways Corporation consists of a Chairman and five other members. The purpose of this Order is to increase the number of these other members from five to six. ACT No. 20 oi' 1961 THE CIVIL AVIATION (REGULATION OF ROCKET FIRING) ACT, 1961* Assented to by the East Africa High Commission in He.r Majestys name and on Her Majesty's behalf this 30th day of November, 1961. AN Ac'r To PROVIDE FOR THE REGULATiON OF ROCKET FIRING FOR THE SAFETY OF AIRCRAFT Date of Com~me'ncement: By Notice ENACTED by the East Africa High Commission with the advice and consent. of the Legislative Assembly there- of as follows: 1. (1) This Act may be cited as the Civil Aviation Short (Regulation of Rocket Firing) Act, 1961, and shall come ~i~ion. into operation on such date as the High Commission may by notice in the Gazette appoint. (2) For the avoidance of doubt it is hereby declared that. this Act shall not bind Her Majesty's Army, Naval or Air Forces. 2. In this Act unless the context otherwise requires- Inter-S "aerodrome traffic zone" in relation to any Government pretation. or licensed aerodrome, means the airspace extending from aerodrome level to a height. of 2,000 feet over the area compromising the aerodrome and the surrounding land or water within a distance of 3,000 yards of its boundaries. "Director" means the Director of Civil Aviation; and "rocket" means ally projectile for projection through the air by the combustion of its own contents and having a total weight before firing of niore than 5 lb. 3. (1) No person shall fire a rocket. within an aero- Rfe~ulakti~n drome traffic zone. Firing. (2) No person shall fire a rocket otherwise than in an aerodrome traffic zone except in accordance with and sub- ject to the conditions of any authority issued by the Di- rector under this Act. * Acts & Subsidiary Legislation for 1961. PAGENO="1056" 2458 AIR LAWS AND TREATIES OF THE WORLD (3) Any person who fires a rocket without lawful authority or contrary to a condition of any authority shall be guilty of an offence against, this Act. and liable on con- viction to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. 4. Any person wishing to apply to the Director for an to fire authority to fire a rocket shall make application in such rockets, manner and within such time as may be prescribed. ?c~c~r~fies 5. Fpon receipt of any application made under section by Director. 4, the Director may, in his discretion, grant. authority to fire a rocket and may attach to the authority such con- ditions as he shall think fit. 6. The Director may. in his discretion and upon such of authorities. terms as he shall think fit, cancel or suspend any authority issued under section 3~ and such cancellation or suspen- sion shall have effect immediately the holder of the au- thority is notified thereof or at such later time as the Director may stipulate. lelegation 7. The Director may, subject. t.o such limitation as he of Dii'ector. may think fit, authorize any officer of the Directorate of Civil Aviation to exercise any of the powers conferred by this Act upon the Director. Regulations. 8. (1) The High Commission may make Regulations generally for giving effect to the provisions of this Act and without prejudice to the generality of the foregoing may make Regulations with respect to the procedure to be followed in regard to applications for authority to fire a rocket. (~) Regulations made under this section shall be laid before the Assembly at the next meeting after the publi- cation of such Regulations: and if the Assembly within a period of ten days after such Regulations are so laid, resolves that such Regulations shall be annulled, such Regulations shall cease to have effect as from the date of such resolution but without prejudice to the validity of anything p1~e\'iously done thereunder or to the making of new Regulations. PAGENO="1057" UNION OF SOUTH AFRICA * AVIA TION A CT, 1923 (ACT NO. 160F 1923) `NOTE~-NOW Republic of South Africa. 2459 39-737 0-65-vol. II-67 PAGENO="1058" 2460 AIR LAWS AXD TREATIES OF THE WORLD Act No. 16 of 1923. (Date of commencement-ist July, 1924) ACT To enable effect to be given to the International Convention for regulating air navigation, and to make provision for the control, regulation and en- couragement of flying within the Union and for other purposes incidental thereto. (Assented to 21st May, 1923) (Signed by the Governor-General in English) BE IT EXACTED by the King's Most Excellent Majesty, the Sen- ate and the House of Assembly of the Union of South Africa, as follows: ADOPTION OF INTERNATIONAL AIR CONVENTION 1. The International Convention for determining, by a common agreement. between the Powers and States signatory to that Conven- tion, certain uniform rules with respect t.o International Air Naviga- tion, is, together with the additional protocol to that Convention, hereby adoped. The terms of the Convent.ion and additional protocol thereto, are set out in the Schedule. to this Act. POWER TO CARRY Ot~T AND APPLY CONVENTION 2. The Governor-General may- (a) issue such proclamations as appear to him necessary for carrying out the Convention, and for giving effect thereto or to any of the provisions thereof; (b) do all things necessary to ratify or cause to be ratified on behalf of the Union of South Africa, any amendments of or additions to the. Convention which may from time to time be made and, by proclamation in the Gazette, declare that the amendments or additions so ratified shall be observed and have the force and effect. of law in the Union: Provided that copies of any amendments or additions so ratified or proclaimed shall be laid upon the Tables of both Houses of Parliament within fourteen days after their publication in the Gazette if Parliament is then in session or, if Parliament. is not then in session, within fourteen days after the commencement of its next ensuing ses- sion: (c) by proclamation in the Gazette, declare that any of the provisions of the Convention shall, with such modifications or adaptations and such consequential and supplementary provisions as may be necessary or expedient, apply also to air navigation within the limits of the Union. 1 See Proclamation No. 140, published In Government Gazette of 27th June, 1924, supplement. PAGENO="1059" AIR LAWS AND TREATIES OF THE WORLD 2461 Regulation.s 3. (1) The Governor-General may make regulations relating to all or any of the following matters or things, namely- (a) the carrying out of, and giving effect to, the provisions of the Convention; (b) the safety and security of persons and property and the prohibition of flying at such heights or in such manner as is deemed to be dangerous to life and property; (c) the licensing, inspection, and regulation of aerodromes or other places set apart for the use of aircraft.; the scales of charges at licensed aerodromes or at aerodromes established and main- tained under tile powers of section six; the licensing or certificat- ing of persons employed at aerodromes in tile inspection or super- vision of aircraft; the registers and records to be kept at such aerodromes and the manner in which they shall be kept; prohibit- ing or regulating the use of unlicensed aerodromes; access to aerodromes and places where aircraft have landed and access to aircraft factories for the purpose of inspecting the work therein carried on; (d) t.he manner and condit.ions of tile issue and renewal of any certificate or license required under this Act or under the Con- vention, including the examination and tests to be undergone and the form, custody, production, cancellat ion, suspension, endorse- ment and surrender of any such certificate or license; (e) the keeping and form of t.he register of union aircraft; (f) t.he conditions under which aircraft may pass, or goods or passengers may be conveyed by aircraft. into, within or from the Union; (g) the areas within which, or the aerodromes at which, air- craft coming from any place outside tile Union shall land, and the areas within which or the aerodromes from which aircraft shall depart to any place outside the Union; (h) the exemption from any of the provisions of this Act or of the Convention, of aircraft flown for experimental purposes, or any other aircraft, or any persons, where it appears unneces- sary that such provisions should apply; (i) the fees to be paid in respect of the grant of any certificate or license or otherwise for the purposes of this Act, or of the Convention; (j) the control of aerial lighthouses and lights at or in the neighbourhood of aerodromes and aerial lighthouses; (k) the signals which may be made by aircraft and persons carried therein; (1) measures for prevent.ing aircraft flying over prohibited areas or entering or lea.ving the Union in contravention of any provision of this Act; (m) the prevention of nuisances arising out of air navigation or aircraft factories, aerodrornes, or other aircraft establishments; (n) the persons by whom accidents shall be notified, the pro- cedure to be followed in notifying accidents and in holding acci- dent enquiries; PAGENO="1060" 2462 AIR LAWS AND TREATIES 0} THE WORLD (o) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and ~tuthorizing any per&n, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; (p) a.uthorizing or requiring the cancellation, suspension, en- dorsement, or surrender of any license or certificate granted under this Act where it appears on an investigation that the license ought to be cancelled, suspended, endorsed, or surrendered, and authorizing or requiring the production of any such license for the purpose of being dealt with, and generally for the better carrying out of the objects and purposes of this Act, the generality of this provision not. being limited by the particular matters provided in the preceding paragraphs of this sub-section. (2) Any regulations made under this Act. may prescribe penalties for the contravention thereof or failure to comply therewith and the mode of enforcing such penalties, and may also impose different penalties in case of a second or subsequent contravention or non- compliance, but no such penalty shall exceed the penalties mentioned in sect.ion sixteen. APPOINTMENT AND FtNCTIONS OF CIVIL AIR BOARD 4. (1) The Governor-General may appoint a civIl air board con- sisting of not. more than seven persons, designate the chairman thereof, and make regulations for the conduct of the business of the board and other matters rel ing thereto. (2) The board shall act in an advisory capacity and advise the Minister as to- (a) regulations to be made under t.his Act; (b) matters arising out of the application to the .Union of the Convention and the rules made under the Convention; (c) the encouragement. and development of flying in the Union; (d) proposals for t.he establishment of aerial goods, mail and passenger services within the Union and between the Union and adjoining territories; and as to such other matters connected with flying and aeronautics as may be referred to the board by the Minister. SPECIAL POWERS IN CASE OF EMERGENCY 5. (1) In time of war, whether iminent or actual, or within six months after a st.ate of war has ceased to exist, or in time of great national emergency, the Governor-General may- (a) by proclamation in the Gazette, declare that the Union or any portion of the Union including the territorial waters thereof, shall be a rest.ricted area for the purpose of this section; (b) issue orders and instructions in respect of any restricted area or part thereof- (i) regulating, restricting or prohibiting the navigation of all or any description of aircraft; (ii) providing for taking possession of and using for the purposes of the Union Defence Forces or other His Majesty's PAGENO="1061" AIR LAWS AND TREATIES OF THE WORLD 2463 Forces, any aerodrome or landing ground, or any aircraft, machinery, plant, material or things found therein or thereon, subject to the payment of compensation in like manner as if the possession and use had been taken under powers con- ferred by the South African Defence Act, 1912; (iii) regulating, restricting or prohibiting the use, erec- tion, building, maintenance or establishment of any aero- drome, flying school, or landing ground, or any class or description thereof; (c) assign to any person in respect of an~y restricted area any of the powers set forth in paragraph (b) of this sub-section. (2) Any person to whom is assigned the duty of carrying out and giving effect to orders and instructions issued under this section, is hereby empowered to take all steps which are reasonable and necessary to secure compliance therewith, and no action for damages or com- pensation shall lie against the Government or any such person for any loss or damage sustained on account of such steps having been taken, nor, save as is otherwise in this section provided, shall any compensation be payable by reason of the operation of any order or instruction made under this section. (3) Any person who refuses or, without good and proper cause, fails to comply with any order or instruction made or given under or by virtue of this section, or who obstructs any person charged with the duty of carrying out and giving effect to any such order or in- struction, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred pounds, or to imprisonment for one year without the option of a fine or to both such fine and imprisonment. ESTABLISHMENT AND MAINTENANCE OF AERODROMES BY GOVERNMENT 6. The Governor-General may, out of moneys to be appropriated by Parliament for the purpose, establish and maintain aerodromes and provide and maintain roads and approaches thereto, and apparatus and equipment therefor; a.nd may for the purpose acquire land, and interests in and rights to and over land. The provisions of section eighty-seven of Act No. 13 of 1912 shall, if necessary, apply as if the acquisition were for defence purposes. LICENSING AND REGISTRATION OF AERODROMEB 7. (1) No place or building shall be used as a public aerodrome un- less it has been registered and licensed under this Act, or approved by a duly prescribed authority. (2) For the purpose of this section, "public aerodrome" means any aerodrome at which charges are levied for the landing or housing of aircraft, or at. which aircraft carrying passengers or goods for hire, land or depart. (3) There shall be kept at every licensed aerodrome a copy of this Act, the rules made under the Convention and all regulations for the time being in force in the Union, and any person may, on application to the person in charge of the aerodrome, inspect such* copy free of charge at all reasonable times. PAGENO="1062" 2464 AIR LAWS AND TREATIES OF THE WORLD PERMISSION TO USE PROCLAIMED LAND OR LAND HELD UNDER MINING TITLE FOR AERODROMES 8. Notwithstanding anything contained in Chapter IX of the Pre- cious and Base Metals Act, 1908 (Transvaal) or any other law, the Governor-General may use or permit the use of ground held under mining title, or of open proclaimed land, for the erection of aero- drornes or for landing places for aircraft: Provided that such use is not, in the opmion of the Government Mining Engineer, likely to in- terfere w-ith actual mining operations or purposes incidental thereto. TRESPASS, NUISANCE, AND RESPONSIBILITY FOR DAMAGE 9. (1) No action shall lie in respect. of trespass or in respect of nui- sance, by reason only of the flight of aircraft over any property at a height, which, having regard to wind, weather and all the circum- stances of the case, is reasonable, or the ordinary incidents of such flight, so long as the. provisions of this Act and of the Convention are duly complied with: but where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by any article falling from any such aircraft, to any person or property on land or water, damages may be recovered from the. owner of the aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as thoughthe same had been caused by his wilful act., neglect or default, except where the damage or loss was caused by or contributed to by the negli- gence or wilful act of the person by w-hom the same was suffered: Provided that where any damages recovered from or paid by the owner of an aircraft under this section arose from damage or loss caused solely by the wrongful or negligent action or omission of any person other than the owner or some person in his employment, the owner shall be entitled to recover from that person the amount of such damages, and in any such proceedings against the owner, the owner may, on making such application to the court and on giving such security as to costs as may be prescribed by rules of court, join any such person as aforesaid as a defendant, but where such person is not so joined he shall not in any subsequent proceedings taken against him by the ow-ner be precluded from disputing the reasonableness of any damages recovered f rem or paid by the owner. (2) Where army aircraft has been bona fide leased or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment, of the ow-ner, this sec- tion shall have effect as though for references to the owner, there were substituted references to the person to whom the aircraft has been so leased or hired out. INVESTIGATION OF ACCIDENTS 10. (1) In the e.vent of any accident. arising out of or in the course of air navigation and occurring in or over the Union or the territorial waters thereof, or in the case of Union aircraft wheresoever they may be. the Minister may appoint one or more persons as a board of in- quiry, know-n as an accident inquiry board, to m~k~ an investigation PAGENO="1063" AIR LAWS AND TREATIES OF THE WORLD 2465 into the cause of and responsibility for the accident and report to him thereon. (2) The accident inquiry board shall, if the aceident occurred within the Union, have power to summon and examine witnesses on oath and to call for the production and grant inspection of books, logs, certificates, licences and other documents. The laws and rules governing the magistrates' courts of the Union shall mutatis mutandis apply to procuring the attendance of witnesses, their examination, the production of books and documents, and the like, and for that pur- pose the person appointed to hold the inquiry or the chairman of the accident inquiry board shall have power to sign such documents as may be necessary for the purpose of the inquiry, in the same manner as the magistrate or the clerk of the court has power to do under the rules of the magistrates' court. Any process to be served for purposes of such an inqulry shall be served by the messenger of the magistrate's court of the district in which the person upon whom service is to be made resides. (3) Nothing in this section contained shall be construed as affect- ing the powers or duties conferred upon magistrates or justices of the peace by the Inquests Act, 1919; but where an accident involving loss of life is enquired into under this section by a magistrate or by a board of which a magistrate is a member, the enquiry, held under this Act may be a joint enquiry of the board and inquest of the magistrate. POSTAL AND WIRELESS PROVISIONS 11. (1) No mails shall be carried by any aircraft without the con- sent in writing of the Postmaster-General and all provisions con- tained in any Act or in any regulations made thereunder with regard to the despatching, conveying, and delivering of mails and all in- cidental services relating thereto shall, with such modifications and adaptations and such consequential and supplementary provisions as may by the Governor-General be declared by proclamation in the Gazette to be expedient and necessary, apply to the despatching, con- veying and delivering of mails by aircraft. (2) No radio-telegraphic or other system of telegraphic or tele- phonic communication shall be installed, maintained or operated in any aircraft, or at any aerodrome or landing ground, except by the Postmaster-General or under and in accordance with licences or other authorizations in respect of either or both personnel and apparatus granted or recognized by the Postmaster-General. CUSTOMS PROVISIONS 12. (1) The provisions of the Customs Management Act, 1913, and of any other law- (a) prohibiting or restricting the importation into or exporta- tion from the Union of any goods or property and penalising any contravention thereof; (b) imposing any duty upon the importation or exportation of any goods or property, penalising any contravention thereof, and providing means for the collection and payment of such duty, shall, with the necessary modifications, apply to the importation or PAGENO="1064" 2466 AIR LAWS AND TREATIES OF THE WORLD exportation or attempted inmportation or exportation of such goods or property by aircraft. (2) The Governor-General may, by proclamation in the Gazette, declare that any of the remaining provisions of the laws mentioned in sub-section (1) of this section and any provisions of any other law relating to customs or to the collection of customs duties now or here- after in force shall, with the necessary modifications and with such consequential and supplementary provisions as appear necessary or expedient for the purpose, be applicable to the importation or ex- portation or attempted importation or exportation of goods or prop- erty by aircraft. PROVISIONS RELATING TO IMMIGRATION 13. (1) Notwithstanding anything in this Act contained, the pro- visions of the Immigrants' Regulation Act, 1913, and any amendment thereof, and of the regulations made thereunder relating to the ad- mission of persons into the Union or any province by sea or land shall, with the necessary modifications, apply to any persons seeking to enter by aircraft. (2) For the purpose of this section, the expression "port" or "port of entry" in the Immigrants' Regulation Act, 1913, or any amendment thereof, means and includes any place within the Union at which an aircraft coming from outside the borders of the Union lands. INFRINGEMENT OF PATEN~ 14. (1) Where it is alleged by any person interested that a foreign aircraft making a passage through or over the Union infringes ih itself or in any part of itany invention, design or model which is entitled to protection in the Union, any provincial or local division of the Supreme Court having jurisdiction may (pending action to be brought) order the detention of such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this section called the deposited sum), and upon such order being com- plied with, the aircraft shall not, during the continuance or in the course of the passage, be subject to further detention in respect of the same cause of action. (2) The deposited sum shall be such a sum as may be agreed be- tween the parties interested, or in default of agreement shall be fixed by the court, and payment thereof shall be made or secured to the ap- plicant in such manner as the parties may agree or the court may di- rect. In giving judgment in the action so to be brought by the claim- ant, the court shall grant an order as to the disposal of the deposited sum. (3) For the purposes of this section, the expression "owner" in- cludes the actual owner of an aircraft, and any person claiming through or under him, and the expression "passage" includes all land- ings and stoppages in the course or the purpose of a flight. DETENTION OF AIRCRAET 15. (1) If the owner, pilot or person in charge of any aircraft com- mits any offence under this Act, or if reasonable suspicion exists that PAGENO="1065" AIR LAWS AND TREATIES OF THE WORLD 2467 such an offence has been committed, or attempted, or is about to be committed or attempted, any commissioned officer of the Union De- fence Forces or of the South African Police or any officer of customs may, pending the trial of the charge, detain the aircraft from or in respect of which the offence was committed. Any person who, know- ing of such detention, removes, or causes to be removed any aircraft so detained, shall be liable on conviction to a fine not exceeding two hundred pounds or to imprisonment for a period not exceedin twelve months without the option of a fine or to both such fine an imprisonment: Provided that where recognisances are entered into or security deposited to the satisfaction of the authority having power to demand and receive the same, that authority may, if satisfied that the ends of justice will not thereby be prejudiced, order the release of the aircraft from further detention. (2) No officer of the customs authorized to grant clearance to any aircraft shall grant clearance to any aircraft while detained under the provisions of this section. PENALTIES 16. (1) Any person who is guilty of a contravention of or an offence under this Act or the Convention, or who fails to comply with any provisions of this Act or of the Convention, or of the rules made un- der that Convention, with which it is his duty to comply, shall. except where another penalty is specially provided, be liable on con- viction to a fine not exceeding two hundred pounds or to imprisonment without the option of a fine for a period not exceeding six months or to both such imprisonment and fine. (2) This section shall apply equally to the owner of an aircraft and to the pilot or person in charge thereof, unless the owner proves to the satisfaction of the court that t.he said contravention, offence or failure to comply, occurred without his order, permission or connivance. (3) The penalties provided in this Act shall be in addition to and not in substitution for any penalties imposed under any customs law or regulation, now or hereafter in force, relating to the importation or exportation of goods, and to persons entering or leaving the Union by aircraft. JUjIISDICTION 17. Any offence under this Act and any offence committed on a Union aircraft shall, for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed in any place where the accused happens to be. APPLICATION OF ACT 18. (1) The provisions of this Act and of the Convention shall, except where expressly excluded under this Act or by proclamation or regulation, apply to all aircraft whilst in or over any part of the Union or the te~rithrisd waters thereof. (2) This Act shall not apply to aircraft or aerodromes belonging to, or for the time being in use exclusively by, the Union or other His Majesty's Forces or to aircraft or aerodrdmes belonging to or in the PAGENO="1066" 2468 AIR LAWS AND TREATIES OF THE WORLD service of any of His Majesty's Governments while used exclusively for naval, military or other Government purposes. Provided that the Governor-General may, by proclamation in the Gazette, apply to any such aircraft of aerodromes, with or without modification, any of the provisions of this Act or of the Convention. EXPENSES IN ADMINISTERING ACT 19. Any expenditure incurred in connection with the administra- tion of this Act and the carrying out and giving effect to the provisions of the Convention, shall be defrayed out of moneys specifically appro- priated by Parliament for the purpose. Such moneys shall, subject to the provisions of the Act~ under which they are appropriated, be ex- pended in such manner as the Minister may determine. INTERPRETATION OF TERMS 20. In this Act, unless inconsistent with the context- "aerodrome" means any definite and limited ground or water area or any building used or intended to be used either wholly or in part, for the landing or departure of aircraft; "aircraft" means and includes all flying machines, aeroplanes, seaplanes, flying boats, and other aircraft designed to be heavier than air, also all airships and balloons or other aircraft designed to be lighter than air; "Convention" means the International Convention for the Reg- ulation of Aerial Navigation signed at Paris on the thirteenth day of October, one thousand nine hundred and nineteen, and includes the additional protocol thereto and any additions to or amend- ments of the said International Convention ratified and pro- claimed under the authority of section two (b) of this Act; "Minister" means the Minister to whom the Governor-General may from time to time assign the administration of this Act, or any other Minister acting for him in his absence; "owner" except where otherwise specially defined, means in relation to an aircraft or aerodrome the person in whose name the aircraft or aerodrome is registered, and includes any person who is or has been acting as agent in the Union for a foreign owner, or any person by whom the aircraft or aerodrome is hired at the time; "prescribed" means prescribed by or under this Act or by or under any proclamation or regulation; "proclamation" means any proclamation made and in force under this Act; "regulation" means any regulation made and in force under this Act; "this Act" includes any regulations; "Union" includes the mandatory territory of South-West Africa; "Union aircraft" means an aircraft registered in the Union. PAGENO="1067" AIR LAWS AND TREATIES OF THE WORLD 2469 SHORT TITLE AND COMMENCEMENT OF ACT This Act may be cited for all purposes as the Aviation Act, 1923, and shall commence and come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette. UNION OF SOUTH AFRICA. ACT TO Give effect to a Convention for the unification of certain rules relating to international carriage by air; to make provision for applying the rules contained in the said Convention, subject to exceptions, adapta- tions and modifications, to carriage by air which is not international carriage within the meaning of the Convention; and for matters incidental thereto. Act No. 17, 1946. ACT To give effect to a Convention for the unification of cer- tain rules relating to international carriage by air; to make provision for applying the rules contained in the said Convention, subject to exceptions, adapta- tions and modification, to carriage by air which is not international carriage within the meaning of the Con- vention; and for matters incidental thereto. (A/ri kaane Text signed by the Governor General.) (Assented to 8th May, 1946.) BE IT ENACTED by the King's Most Excellent Majesty the Senate and the House of Assembly of the Union o~ South Africa, as follows :- 1. In this Act, "Union" includes the Mandated Tern- Definition. tory of South-West Africa and the port and settlement of Walvis Bay. 2. (1) The International Convention for the unifica- Ratification of tion of certain rules relating to international carriage by have force air, signed at Warsaw on the twelfth day of October, 1929 (hereinafter referred to as the Convention), is hereby ratified and confirmed. (2) A translation of the Convention is set out in the Schedule to this Act. 3. (1) The provisions of the Convention shall so far Provisions of convention to as they relate to the rights and liabilities of carriers, pas- have-force sen~ers, conisgnors, consignees and other persons, and of law. subject to the provisions of this Act, have the force of PAGENO="1068" 2470 AIR LAWS AND TREATIES OF THE WORLD law in the Union in relation to any carriage by air to which the Convention applies, irrespective of the na- tionality of the aircraft performing the carriage. (2) The Governor-General may from time to time by proclamation in the Gazette declare who are the High Contracting Parties to the Convention, in respect of what territories they are respectively parties and to what ex- tent they have availed themselves of the provisions of the Additional Protocol to the Convention, and any such proclamation shall, except in so far as it has been varied or superseded by a subsequent proclamation, be conclu- sive evidence of the matters so declared. (3) Any reference in the said Schedule to the terri- tory of any High Contracting Party to the Convention shall be construed as a reference to the territories sub- ject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party. (4) Not more than one action shall be brought in the Union to enforce liability under Article seventeen of the said Schedule in respect of the death of any one pas- senger, and every such action, by whomsoever brought, shall be for the benefit~ of all such persons entitled to sue for damages in respect of the death of that passenger as either are domiciled in the Union or, if not so domiciled, have indicated their desire to take the benefit of the action. (5) Subject to the provisions of sub-section (6) the amount recovered in any such action shall be divided between the successful claimants in such manner as the court may deem just. (6) The court in which any such action is brought may, at any stage of the proceedings- (i) issue a rule calling upon interested parties to join in the action within a specified period; (ii) make such order as appears to the court to be just and equitable in view of the provisions of the said Schedule limiting the liability of a carrier and of any proceedings which have been or are likely to be commenced outside the Union in respect of the death of the passenger in ques- tion. (7) Any sum in francs mentioned in Article twenty- two of the said Schedule shall, for the purposes of any action against a carrier, be converted into Union cur- rency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court. Provisions as 4. Every High Contracting Party to the Convention against High who has not availed himself of the provisions of the Ad- ~ ditional Protocol thereto shall, for the purposes of any undertake action brought in a court in the Union in accordance ~nrriage by air. . . . . with the provisions of Article twenty-eight of the Sched- ide to this Act, to enforce a claim in respect of carriage PAGENO="1069" AIR LAWS AND TREATIES OF THE WORLD 2471 undertaken by him, be deemed to have submitted to the jurisdiction of that court: Provided that nothing in this section shall authorize the issue of execution against the property of any High Contracting Party. 5. (1) The Governor-General may do all things neces- sary to ratify or cause to be ratified on behalf of the and. additions Union any amendments of or additions to the Conven- to Convention. tion which may from time to time be made, and by proclamation in the Gazette declare that the amendments or additions so ratified shall be observed and have the force of law in the Union: Provided that copies of any amendments or additions so ratified or proclaimed shall be laid upon the Tables of both Houses of Parliament within fourteen days after their publication in the Gazette if Parliament be then in session or, if Parlia- ment be not then in session, within fourteen days after the commencement of its next ensuing ordinary session. (2) For the purposes of this Act, any amendments or additions so ratified and proclaimed shall be deemed to be incorporated in the Schedule to this Act. 6. The Governor-General may, by Proclamation in ~"J~ the Gazette apply any of the provisions of the Schedule and Convention to this Act and any provision of section three to such ~ carriage by air, not being international carriage by air ~`~f as defined in the said Schedule, as may be specified in the proclamation, subject to such exceptions, adaptations and modifications, if any, as may be so specified. 7. Rules of court may be made in the manner provided Rules of court. in section twenty-four of the Administration of Justice Act, 1912 (Act No. 27 of 1912), as to- (a) the manner in which any action to enforce liability under Article seventeen of the Schedule to this Act, or under the provisions of that Article as applied under section Six, is to be commenced and carried out, and the intervention by and addition of any party to any such action; and (b) the manner in which any action under the said Schedu'e against any High Contracting Party is to be commenced and carried out. 8. The Governor-General may make regulations pre- Regulations. scribing the procedure to be followed by a carrier in con- nection with the payment, before action has been brought, of claims under Article seventeen of the Sc~hedule to this Act, in respect of the death of any passenger, and all other matter s which he considers necessary or expedient to prescribe in order that the pur- poses of this Act may be achieved. 9. This Act shall be called the Carriage by Air Act, Short title. 1946, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette. PAGENO="1070" PAGENO="1071" ACT TO Give effect to certain Agreements relating to Interna- tional Civil Aviation drawn up at Chicago on the seventh day of December, 1944, and to amend. the Aviation Act, 1923. Act No. 41, 1946. 2473 PAGENO="1072" 2474 AIR LAWS AND TREATIES OF THE WORLD ACT To give effect to certain Agreements relating to Interna- tional Civil Aviation drawn up at Chicago on the seventh day of December, 1944, and to amend the Aviation Act, 1923. (Afrskaans Text signed by the Governor-General.) (Assented to 14th June, 1946.) ~E IT ENACTED by the King's Moat Excellent Majesty, the I) Senate and the House of Assembly of the Union of South Africa, as follows :- D.~aiti.na. 1. (1) In this Act and in the Aviation Act, 1923 (hereinafter referred to as the principal Act)- "the Interim Agreement" means the Interim Agreement on International Civil Aviation drawn up at Chiosgo on the seventh day of December, 1944; "the Transit Agreement" means the International Air Services Transit Agreement drawn up at Chicago on the seventh day of December, 1944. (2) Any reference in the principal Act to "the Convention" shall be deemed to include a reference to the Interim Agreement and to the Transit Agreement, together with any additions to or amendments of either of those agreements ratified and proclaimed under the authority of paragraph (b) of section two of the principal Act, which shall be construed accordingly. Adoption of 2. (1) The Interim Agreement on International Civil Aviation osrtsin inter, and the International Air Services Transit Agreement, both drawn up at Chicago on the seventh day of December, 1944, and accepted by the Government of the Union as obligations binding upon it, are hereby adopted. (2) The terms of the Interim Agreement and of the Transit Agreement are set forth in the First and Second Schedules respectively, to this Act. Amendment of 3. (1) Section three of the principal Act is hereby amended siotion 3 of by the insertion in sub-section (1)- Act 16 of 1923. (a) of the following new paragraph after paragraph (f): "(f)bis. the conditions (including provision for com- pulsory insurance against claims arising out of the death of or injury to passengers or crew, or loss of or damage to goods transported) which shall be complied with by any air carrier or by any parti- cular class of air carrier in or in connection with the operation of a commercial air service or of a particular class of commercial air service, within the Union; "; (b) of the following new paragraph after paragraph (1): (i)bis. prohibiting or regulating the erection or the coming into existence of any obstruction exceeding PAGENO="1073" AIR LAWS AND TREATIES OF THE WORLD 2475 a prescribed height within a prescribed distance from any aerodroine (c) of the following new paragraph after paragraph (p) "(q) prohibiting or regulating, for the purpose of ensur- ing the safe operation of aircraft, the use in air- craft or aero engines, of spare parts, instruments, accessories or other materials which do not conform to prescribed specifications or standards of quality or manufacture,". (2) Any regulation made under the principal Act prior to the commencement of this Act which could have been validly m&de ander sub-section (1) of section three of the principal Act, as amended by this Act, shall be deemed to have been made under the provisiona of the said sub-section as so amended. 4. The following section is hereby inserted after section three tnsertion of of the principal Act :- new ~ection :~bt. in Act "Appoint. 3b~s. (1) The Governor-General may appoint a 16 of 1923. ment~and body to be styled the Civil Aviation Council (here- functions of . . Civil inafter referred to as the Council) which shall consist Aviation of not more than five members, one of whom the Council. Governor-General shall designate as Chairman. (2) The members of the Council, who may include one or more persons in Government service, shall be appointed for such periods as the Governor-General ~iay determine when making any such appointment, and on such conditions as to remuneration and otherwise as may be determined by the Minister in consultation with the Minister of Finance. (3) The Council shall conduct its deliberations and discharge its functions in accordance with such procedure as the Minister may from time to time prescribe. (4) The Council shall, subject to the control and direction of the Minister, be responsible for the carrying out of the provisions of this Act and of the Convention, and every person appointed under this Act or concerned with the carrying out of the provisions thereof, shall perform his functions and exercise any discretion expressly or impliedly vested in him, subject to the directions and approval of the Council. With the written consent of the Council, any person in whom any discretion is vested as aforesaid, may delegate the power to exercise such discretion on his behalf to any other specified person." 5. The following section is hereby substituted for section four Replacenent of of the principal Act: o~ 1923. "Appoint- 4. (1) The Governor-General may appoint a body ment~and to be styled the Civil Aviation Advisory Committee functions . . of Civil (herernafter referred to as the Comiruttee), de8ignate Aviation the Chairman thereof, and make regulations for the Advisory conduct of the business of the Committee and other Committee. matters relating thereto. 39-737 0-65-vol. II-68 PAGENO="1074" 2476 AIR LAWS AND TREATIES OF THE WORLD (2) (a) In appointing the members of the Com- mittee, the Governor-Gener~l may include one or more persons in Government service, and shall include such number of persons, nGminated by public bodies or associations recognized by him as representative of the different civil aviation interests in the Union, as will ensure that the interests represented by such bodies or associa- tions are adequately represented on the Committee. (b) The members of the Committee shall be appointed for such periods as the Governor-General may determine when making any such appointment. and on such conditions as to remuneration and otherwise as may be determined by the Minister in consultation with the Minister of Finance. (3) The Committee shall act in an advisory capacity and advise the Minister as to- (a) regulations to be made under this Acb; (b) matters arising out of the application to the Union of the Convention and of the rules made under the Convention; (c) the encouragement and development of flying in the Union; (d) proposals for the establishment of aerial goods, mail and passenger services within the Union and between the Union and adjoining terri- tories, and as to such other matters connected with flying and aeronautics as may be referred to the Committee by the Minister." (4) The Committee shall, as soon as may be after the thirtieth day of November in each year, prepare and present to the Minister a report dealing with all matters within the sphere of its functions and activities. The Minister shall lay every such annual report upon the Tables of both Houses of Parliament within twenty-one days after the receipt thereof if Parliament be then in session, or if Parliament be not then in session, within twenty- one days after the commencement of its next ensuing ordinary session. Amendment of 6. Section tix of the principal Act is hereby amended by the Let 16 af 192$. addition thereto of the following new sub-section, the existing section becoming sub-section (1) "(2) The Governor-General may, in like manner, for the purpose of ensuring that proper effect may be given to the provisions of any regulation made or deemed toha~ve been made under paragraph (i)b~s of sub-section (1) of section three, acquire land, and interests in and rights to and over land, adjoining or adjacent to any land in use as, or set aside for use as, an aerodrome in respect of which a licence under the regulations has been or is to be issued." PAGENO="1075" AIR LAWS AND TREATIES OF THE WORLD 2477 7. Section twenty of the principal Act is hereby amended- Am.ndxnent of s.tf on 10 of (a) by the insertion, after the definition of the expression Ass 16 of 1913. "aerodrome ", of the following definition: "`air carrier' means any person who operates a commercial air service (b) by. the insertion, after the definition of the expression - `aircraft', of the following definition: "`commercial air service' means any undertaking for- (i) the transport by air of passengers, mails or goods; or (ii) the provision of the use of aircraft for the performance of any type of aerial work, for hire or reward ; ". 8. This Act shall be called the Aviation Amendment Act, Ihort bitle. 1946. PAGENO="1076" PAGENO="1077" ACT TO Amend the Aviation Act, 1923, and the Aviation Amendment Act, 1946. Act No. 42, 1947. 2479 PAGENO="1078" 2480 AIR LAWS AND TREATIES OF THE WORLD ACT To amend the Aviation Act, 1923, and the Aviation Amendment Act, 1946. (Afrikaans Text signed by the Governor-General.) (Assented to 3rd June, 1947.) BE IT ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows :- Substitution of 1. Section one of the Aviation Act, 1923, which, as amended, new section for is hereinafter referred to as the principal Act, is hereby repealed section 1 of and the following section substituted therefor Act 16 of 1923. . . "Adoption 1. (1) The Convention on International Civil of Conven- Aviation, drawn up at Chicago on the seventh day tion on ~ of December, 1944. and ratified by the Government tional of the Union on the first day of March, 1947, is Civil hereby adopted. Aviation. (2) The terms of the said Convention are set out in the Schedule to this Act." Insertion of 2. The following section is hereby inserted after section section 14bi~ in fourteen of the principal Act: Act 16 of 1923.,~ Exemp. l4bts. (1) Any lawful entry into the Union or tion 9f any lawful transit across the Union, with or without ~ landings, of an aircraft to which this section applies, and parts shall not entail any seizure or detention of the thereof aircraft or any proceedings being brought against from seizure the owner or operator thereof or any other inter- onpatMnt ference therewith by or on behalf of any person in the Union on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model. (2) The importation into, and storage in, the Union of spare parts and spare equipment for an aircraft to which this section applies, and the use and installation thereof in the repair of such an aircraft ~hall not entail any seizure or detention of the aircraft or of the spare parts or spare equip- ment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in the Union on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model: Provided that this sub-section shall not apply in relation to any spare parts or spare equip- ment which are sold or distributed in the Union or are exported from the Union for sale or dis- tribution. (3) This section applies to an aircraft, other than an aircraft used in military, customs or police services, registered in any country or territory in the case of which there is for the time being in force a declaration made by the Governor-General by proclamation in the Gazette, with a view to the fulfilment of the provisions of the Convention to which this section relates, that the benefits of those provisions apply to that country or territory, PAGENO="1079" AIR LAWS AND TREATIES OF THE WORLD 2481 and to such other aircraft as the Governor-Generai may by proclamation specify. (4) The provisions of section fourteen shall not apply to or in relation to an aircraft to which this section applies." 3. Section twenty of the principal Act is hereby amended by the substitution of the following definition for the definition of the word " Convention" "`Convention' means the Convention on International Civil Aviation drawn up at Chicago on the seventh day of December, 1944, and includes any Annex thereto adopted in accordance with the said Con- vention, and any additions to or amendments of the said Convention or any such Annex ratified and proclaimed in accordance with paragraph (b) of section two; 4. The provisions set forth in the Schedule to this Act are hereby substituted for those set forth in the Schedule to the principal Act. 5. The title to the principal Act is hereby amended by the substitution for the word " the " where it occurs for the first time, of the word "an ". 6. Section one of the Aviation Amendment Act, 1946, is hereby amended- (a) (b) by the deletion, in sub-section (1), of the definition of the expression " the Interim Agreement by the deletion, in sub-section (2), of the words "to the Interim Agreement and" and by the substitution for the words " either of those Agreements ", of the words " that agreement 7. Section two of the Aviation Amendment Act, 1946, is hereby amended- (a) by the deletion, in sub-section (1), of the words "Interim Agreement on International Civil Aviation and the ", the deletion of the word " both ", the substitution for the word "obligations" of the words "an obligation ", and the substitution for the word are " of the word " is (b) by the deletion, in sub-section (2), of the words " the Interim Agreement and of ", and the substitution for the words " First and Second Schedules respec- tively,", of the words "Second Schedule ". 8. The First Schedule to the Aviation Amendment Act, 1946, is hereby repealed. 9. Notwithstanding the provisions of section four, any proclamation issued under the provisions of section two of the principal Act prior to the commencement of this Act, and any regulation issued under the provisions of section three of the principal Act for the carrying out of, or giving effect to, the Convention replaced by section four of this Act, or for dealing with any other matter relating to or arising out of that Convention, shall, except in so far as such proclamation or regulation is repugnant to the provisions of the Convention on International Civil Aviation drawn up at Chicago on the seventh day of December, 1944, remain in force until it is superseded by a proclamation or regulation, as the case may be, issued or made under section two or three of the principal Act after the commencement of this Act. 10. This Act shall be called the Aviation Amendment Act, Certain proclama- tions and regula- tions to remain in force until superseded. Amendment of section 20 of Act 10 of 1923, as amended by section 7 of Act 41 of 1940. Replacement of Schedule to Act 16 of 1923. Amendment of title to Act 16 of 1923. Amendment of Section 1 of Act 41 of 1946. Amendment of section 2 of Act 41 of 1946. Repeal of First ~ohedule to Act 41 of 1946. 1947. Short title. PAGENO="1080" PAGENO="1081" ACT To Provide for the establishment of a National Transport Commission and an Advisory Committee on roads, and to define the functions of the said commission and committee; to abolish the Civil Avia- tion Council established under the Aviation Act, 1923, the Central Road Transportation Board established under the Motor Carrier Transportation Act, 1930, and the National Road Board established under the National Roads Act, 1935; to amend the said Acts; and to provide for other incidental matters. Act No. 44, 1948. ACT To provide for the establishment of a National Transport Commission and an Advisory Committee on roads, and to define the functions of the said commission and eommittee; to abolish the Civil Aviation Council established under the Aviation Act, 1923, the Central Road Transportation Board established under the Motor Carrier Transportation Act, 1930, and the National Road Board established under the National Roads Act, 1935; to amend the said Acts; and to provide for other incidental matters. (English text signed by the Goveriwr-General.) (A8sented to 2d October, 1948.) BE rr ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows :- 1. The laws mentioned in the Schedule to this Act are hereby amended to the extent set out in the third column of the Schedule. 2. In this Act, unless the context indicates otherwise- Defln1t1on~. "Administrator" means the Administrator of a province acting with the consent of the Executive Committee thereof; "Commission" means the National Transport Commission established under section three; "contract of service" means a contract of service entered into in terms of paragraph 6 of the regula- tions framed under the National Roads Act, 1935 (Act No. 42 of 1935) and published under Govern- ment Notice No. 1787 of the 27th October, 1944, para- graph 7 whereof ~ha11 be deemed to form part of such a contract; 2483 PAGENO="1082" 2484 AlE LAWS AND TREATIES OF THE WORLD "declared road" has the meaning assigned to that expression in section one of the National Roads Act, 1935; "Fund" has the meaning assigned to that expres- sion in section one of the National Roads Act, 1935; "Minister" means the Minister of Transport; "motor carrier transportation" has the meaning as- signed to that expression in section one of the Motor Carrier Transportation Act, 1930 (Act No. 39 of 1930) "Pensions Act" means the Government Service Pensions Act, 1936 (Act No. 32 of 1936) "Pension Fund" means the Union Public Service Pension Fund established under section three of the Pensions Act: "prescribed" means prescribed by this Act or by regulation; "public service" means the public service accord- ing to the provisions of section one of the Public Service Act, 1923 (Act No. 27 of 1923); "regulation" means a regulation made under this Act: "Treasury" means the Minister of Finance or any officer in the Department of Finance authorized by the said Minister to perform the functions assigned to the Treasury by this Act. EbI~shnent 3. (1) The Governor-General shall appoint a body to Transport be known as the National Transport Commission which Commission, shall consist of not more than seven members one of whom the Governor-General shall designate as chair- man. (2) Not. more than three members of the Commission may be persons who are members of the public service. (3) The Governor-General shall appoint as members of the Commission- (i) The Secretary for Transport; (ii) one member whom he shall designate as Commissioner for Road Transportation; and (iii) one member whom he shall designate as Commissioner for Civil Aviation. (4) The remaining members shall be persons who posses wide experience of and have shown ability in transport, or aviation, or industrial, commercial or financial matters or in the conduct of public affairs. (5) Of the members referred to in sub-section (4)- (a) one shall be appointed from among four per- sons nominated by the Administrators of the four Provinces jointly and shall be a person who, in the opinion of the governor-General, possesses a thor- ough knowledge of the requirements of the Union in respect of roads; and (b) one shall be appointed after consultation with the Civil Aviat.ion Advisory Committee referred to PAGENO="1083" AIR LAWS AND TREATIES OF THE WORLD 2485 in section four of the Aviation Act, 1923, and shall be a person who, in the opinion of the Governor- General, possesses a thorough knowledge of mat- ters relating to aviation. (6) The members of the Commission other than those who are members of the public service shall be appointed for a period not exceeding five years and not less than two years and, subject to the succeeding provisions of this Act, shall hold office upon such conditions as the Governor-General may determine when making the ap- pointments: Provided that any member of the Com- mission shall be eligible for re-appointment upon ex- piry of his term of office, and provided further that in- dividual member of the Commission may be appointed for different periods and upon different conditions. (7) The member designated as chairman in terms of sub-section (1) shall hold that office for a period of five years as from the date upon which he is designated as such, unless his period of office as a member of the Com- mission sooner expires or unless for any other reason he sooner ceases to be a member of the Commission. (8) The Governor-General may, notwithstanding the provisions of sub-sections (1) and (2) but subject to the provisions of sub-section (6) and sections four and five, appoint as an additional member of the Commis- sion, a person nominated by the Minister of Defence. Such member shall have the right to take part in the proceedings of the Commission but shall not have the right to vote. 4. (1) No person shall be appointed a member of the ~ Commission- appointment, (a) if he is an unrehabilitated insolvent; or (b) if he has been convicted of an offence and ~ sentenced to imprisonment without the option of a fine; or (c) if he is a servant of the Railway Administra- tion; or (d) if he or any of his near relations is financially interested in any business of motor carrier trans- portation or is engaged in any activity connected with motor carrier transportation which, in the opinion of the Governor-General, is calculated to interfere with the imparial discharge by the mem- ber of the duties of his office; or (e) if he or any of his near relations is financially interested in any business of manufacturing or sell- ing aircraft or in the operation of an air service or is. engaged in any activity connected with such business or air service, which, in the opinion of the Governor-General is calculated to interfere with t.he impartial discharge by the member of the duties of his office. PAGENO="1084" 2486 AIR LAWS AND TREATIES OF THE WORLD (2) Notwithstanding anything contained in sub-sec- tion (1) no act, direction or decision of the Commission shall be invalid solely by reason of the fact that any member of the Commission was by virtue of the said sub-section disqualified from serving on the Commission. (3) A member of the Commission shall vacate his office- (a) if he becomes subject to any of the disquali- fications for appointment mentioned in sub-section (1) (b) if he resigns by notice in writing addressed to the Minister. (4) The Governor-General may remove from his of- fice any member of the Commission- (a) who has failed to comply with a condition of his appointment; or (b) who has, in the opinon of the Governor-Gen- eral, been guilty of improper conduct or habitually neglected his duties as a member of the Commis- sion; or (c) who is, in the opinion of the Governor-Gen- eral, unable to perform efficiently his duties as a member of the Commission. (5) If a member of the Commission dies, or vacates his office in pursuance of t.he provisions of sub-section (3), or is removed therefrom in terms of sub-section (4), the Governor-General may, subject to the provi- sions of section three, appoint a person as successor to such member. (6) If the chairman of the Commission dies, or va- cates his office as a member of the Commission in pur- suance of the provisions of sub-section (3), or is re- moved therefrom in terms of sub-section (4), the Gov- ernor-General shall designate as chairman of the Com- mission one of the remaining members of the Commis- sion or the person appointed to succeed the former chair- in an. (7) Whenever the office of chairman of the Commis- sion becomes vacant, or if the chairman of the Commis- sion is temporarily unable to perform his functions as chairman, the Minister may designate any member of the Commission as acting chairman until a member of the Commission has been designated as chairman thereof in terms of sub-section (6), or until the chairman resumes his duties as such. Remuneration 5. (1) Subject to the provision of sub-section (2) of ~ ~ this section and of section ninety-two of the Public Serv- mission, ice Act, 1923 (Act No. 27 of 1923), a member of the Commission shall be paid such remuneration and such allowances from the Consolidated Revenue Fund as may in each case be determined by the Minister in consulta- tion with the Minister of Finance: Provided that if the Minister has, in terms of sub-section (7) of section four, PAGENO="1085" AIR LAWS AND TREATIES OF THE WORLD 2487 designated any member of the Commission as acting chairman, he may authorize the payment from the afore- said Fund to the acting chairman of such additional remuneration as he may determine, but not exceeding an amount which, together with the acting chairman's remuneration as an ordinary member of the Commis- sion, equals the remuneration of the chairman in respect of the period in question. (2) A member of the Commission who is a member of the public service shall not, in respect of the services rendered by him as a member or as chairman or acting chairman of the Commission, be paid any remuneration in addition to his salary as a member of the public serv- ice, nor shall such member be paid any allowance in re- spect of subsistence and transport at a rate higher than that a~plicable to him as a member of the public service. 6. (1) The Commission shall hold meetings at such times and places as may from time to time be deter- mined by the chairman or the acting chairman desig- nated in terms of sub-section (~7) of section four. (2) The chairman or the acting chairman designated in terms of sub-section (7) of section fou'r shall preside at every meeting of the Commission which he attends, and if neither the chairman nor the acting chairman attends a meeting, he shall designate one of the other members to preside at that meeting. (3). Notwithstanding the provisions of sub-section (2)- (a) the Commissioner for Road Transportation referred to in sub-section (3) of section three shall preside at every meeting of the Commission held for the purpose of considering applications or ap- peals under the Motor Carrier Transportation Act, 1930; (b) the Commissioner for Civil Aviation referred to in sub-section (3) of section three shall preside at every meeting of the Commission held for the purpose of considering applications for the opera- tion of any air services: Provided that in the absence of the Commissioner for Road Transportation or the Commissioner for Civil Aviation, as the case may be, the chairman or the acting chairman referred to in sub-section (2) of this section shall preside or designate one of the other members of the Commission to preside at any such meeting. (4) Three members (apart from the additional mem- ber referred to in sub-section (8) of section three) shall be a quorum at any meeting of the Commission: Pro- vided that the Minister may direct that four or five members shall form a quorum at any meeting at which the Commission deals with a particular matter specified by the Minister: Provided further that there shall be Meetings of the Commission. PAGENO="1086" 2488 AIR LAWS AXD TREATIES OF THE WORLD no quorum if the majority of the members present at any meeting of the Commission consists of members of Public service. (5) The decision of the majority of the members present at a meeting of the Commission, shall be deemed to be a decision of the Commission, and in the event of an equality of votes at such meeting, the person pre- siding at the meeting shall have a casting vote. (6) Subject to the provisions of sub-sections (3) and (4), two meetings of the Commission may be held simul- taneously at different places. the 7. The object of the Commission shall be, subject to the provisions of this Act. or any other law, to promote and encourage the development, of transport in the Union and, where necessary, to co-ordinate various phases of transport in order to achieve the maximum benefit and economy of transport service to the public. Abolition of 8. (1) Notwithstanding the provisions of any other National Road Board, Central law the Nationa.I Road Board, estahhsh~d under section nT~~or two of the National Roads Act, 1935 (Act No. 42 of ~ 1935), the Central Road Transportation Board, estab- and transfer lished under section two of the Motor Carrier Trans- ~ ~ port.ation Act, 1930 (Act No. 39 of 1930), and the Civil commission. Aviation Council, established under section three bi8 of the Aviation Act, 1923 (Act No. 16 of 1923), shall, upon the establishment of the Commission under section three, cease to exist and the powers, functions and duties of the said bodies shall thereupon be transferred to the Com- mission, which shall, subject to the provisions of this Act, for all purposes be deemed to be their successor. (2) All property acquired by the National Road Boa.rd for the purposes of its functions, and all the rec- ords of that Board, shall vest in the Union Government and be made available for the use of the Commission in carrying out its functions under this Act, unless in the case of any of such property the Minister directs that, it be otherwise dealt with for the benefit of the Fund. (3) Any decision or act lawfully given or performed by any of the bodies abolished by sub-section (1) shall be deemed to have been given or performed by the Commission. (4) Any matter which was under consideration by any of the bodies abolished by sub-section (1), but in regard to w~hic.h no decision had been given or arrived at by such body at the time of its abolition, shall be consid- ered de novo by the Commission. ~urthe~r~nc. 9. In addition to the powers conferred and duties im- Commission, posed upon the Commission by any other law, the func- tions of the Commission shall be- (i) in relation to roads- (a) to recommend, after consultation with any Administrator affected by such re,com- mendation, which roads `shall be declared nìa- PAGENO="1087" AIR LAWS AND TREATIES OF THE WORLD 2489 tional, provincial or special roads in terms of section four of the National Roads Act, 1935; (b) on its own initiative or by direction of the Minister to investigate, in collaboration with any Administrator affected, any question apper- taming to roads in the Union, with particular reference to declared roads and to report thereon to the Minister from time to time, making such recommendations as it may deem necessary; (c) to advise the Minister on road questions which may arise with Governments of neigh- bouring territories: (d) to direct, in collaboration with the Coun- cil for Scientific and Industrial Research estab- lished under the Scientific Research Council Act, 1945 (Act No. 33 of 1945), technical research on road construction, road maintenance and mate- rials therefor and on road safety; (e) to submit to the Minister for his ap- proval, after consultation with any Admin- istrator affected and subject to the provisions of sub-section (4) of section eleven, schemes of works to be undertaken on declared roads; (f) to prescribe the manner in which plans, specifications and estimates for works, the cost or part. of the cost of which is to be defrayed from the Fund, shall be submitted to the Commission; (g) to submit to the Minister annually for his approval estimates of expenditure to be incurred from the Fund; (It) through any of its members or any officer of the Department of Transport to inspect roads and road works in collaboration with the Pro- vincial Administration concerned; (i) to maintain records of all works the cost or part of the cost whereof is being or has been defrayed from the Fund; (~) to recommend to the Minister or to the Administrators the introduction of any legisla- tion relating to roads which it considers desirable; (~`c) with the approval of the Minister to in- vest. any monies in the Fund which the Com- mission does not require immediately; (1) generally, to perform any work entrusted to it by the Minister in connection with declared roads, or with roads which, in the opinion of the Minister, deserve consideration with a view to t.heir proclamation under section four of the National Roads Act, 1935; (ii) ~fl relation t.& motor carrier transportation, to advise and direct local road transportation boards PAGENO="1088" 2490 AIR LAWS AND TREATIES OF THE WORLD appointed under section three of the Motor Carrier Transportation Act, 1930, in the exercise of their powers and the performance of their functions under the said Act; (iii) in relation to civil aviation- (a) to make recommendations regarding the proclamations to be issued and the regulations to be made under the Aviation Act, 192~ (Act No. l6of 1923); (b) to keep under review and promote the progress and development of civil aviation in the Union, and to promote or undertake, in collaboration with such bodies or institutions as may be concerned, research into matters per- taining to civil aviation; (iv) generally, to promote the development of transport in the Union with a view always to se- curing the greatest benefit to the public, and to exer- cise such powers and perform such duties as may be conferred or imposed upon it by any other law. ~t 10. (1) The Commission shall, as soon as may be after the thirty-first day of March in each year, submit to the Minister a report on its work, the work of the Committee referred to in section eeven and the work of local road transportation boards during the twelve months which ended on the said date, and the Commission shall in such report make specific mention of any matter in connection with which any recommendation made by the Commis- sion to the Governor-General during that year was not acted upon. (2) Every such report shall as soon as possible after its submission to the Minister be laid by him on the Ta- bles of both Houses of Parliament. Establishment 11. (1) The Governor-General may appoint a commit- tee to be known as the Advisory Committee on Roads Cox~rnI~tee (hereinafter referred to as the Committee), designate the chairman thereof, and make regulations, not incon- sistent with the National Roads Act, 1935, or this Act, prescribing the constitution, functions and the conduct of the business of the Committee and other matters relating thereto. (2) In appointing the members of the Committee, the Governor-General shall include at least one representa- tive nominatel by each Administrator. (3) The members of the Committee shall be appointed for such periods and on such conditions (subject to the provisions of section ninety-two of the Public Service Act., 1923 (Act No. 27 of 1923)) as the Governor-General may determine when making any such appointment. The provisions of sub-section (2) of section five shall apply nwtati.~ mutandi8 to a member of the Committee who is a member of the public service. PAGENO="1089" AIR LAWS AND TREATIES OF THE WORLD 2491 (4) The Committee shall consider all matters referred to it by the Minister or initiated by any of its members and shall make recommendations in connection therewith to the Commission. The functions to be entrusted to the Committee in terms of sub-section (1) shall include the initiation, consideration and recommendation of schemes of works to be undertaken on declared roads: Provided that the provisions of this sub-section shall not preclude the Commission from itself initiating any particular scheme of works to be undertaken on a declared road: Provided further that in the event of a difference of opin- ion between the Commission and the Committee on any such scheme, the Minister shall consult the Administra- tor affected before arrivinLr at a decision. 12. (1) The Secretary for Transport shall, subject to the laws governing the public service, be responsible for ~~Istra- providing all such officers as may be necessary to assist Act, and per- the Commission and the Committee in the performance ~`t~ ~d of their functions, and all such officers shall be under the administrative control of the Secretary for Transport. All executive work. and administrative work arising out of the performance of their functions by the bodies mentioned in this section, shall be undertaken by the Department of Transport. (2) Any reference in the National Roads Act, 1935, to an officer of the National Road Board shall be deemed to be a reference to an officer of the Department of Transport. 13. (1) All persons who are in the employ of the Na- ~ tional Road Board at the date of commencement of this Road Board Act (other than the officers of the public service re- of ferred to in section seventeen) shall at that date become ~v~nt employees of the Government, and any contract of serv- and provision ice under which any such person is so employed shall ~ as from that date be deemed to be a contract of service of service. entered into between him and the Government: Pro- vided that by mutual consent such contract may be terminated before the expiration of the period of em- ployment provided therein. (2) Subject to the succeeding provisions of this Acts the continuous employment by the National Road Board of any person referred to in subsection (1), prior to the date of commencement of this Act, shall for all pur- poses other than for pension purposes be deemed to be employment in t.he service of the Government. (3) Unless and until they are appointed to posts in t.he public service in terms of sub-section (4), the condi- tions of service of all persons referred to in sub-section (I) shall, save as is otherwise specifically provided in this Act, be governed by t.he laws regulating the service of employees of the Government~ not being members of the public service: Provided that except with his own consent or in accordance with this Act or any other law, the salary or the scale of salary at or in accordance 39-737 O-~65---~voi. 11-69 PAGENO="1090" 2492 AIR LAWS AND TREATIES OF THE WORLD with which any such person was remunerated immedi- ately prior to the date of the commencement of this Act or his rate of progression up that. scale, shall not be reduced. (4) Notwithstanding any limitation in respect of age, educational or other qualifications, other than health, prescribed by or under the Public Service Act, 1923 (Act No. 27 of 1923), but subject. otherwise to the provisions of t.hat Act, any person referred to in sub-section (1) who is a LTnion National and who has not attained the prescribed age of retirement. may, upon the recommen- dation of the Public Service Commission be appointed on probation or otherwise to a post in the public service, provided that. the Public Service Commission is satis- fied that such person is sufficiently proficient in the use of both official languages to enable him to discharge ef-. ficiently the duties of his post. The conditions of serv- ice of any person so appointed shall, save as is otherwise specifically provided in this Act., be governed by t.he laws regulating the public service. (5) Any person appointed to the public service in terms of sub-section (4) shall be adjusted to the scale of salary applicable to the post t.o which he has been appointed at such not.ch on that scale as may be recom- mended by the Public Service Commission. (6) In addition to the salary payable to any such per- son from time to time by virtue of his occupancy of a post in t.he public service, there shall be paid to him a personal allowance equal to the difference between his said salary for the time being and the higher salary (if any) to which he was, or would have been, entitled in ac- cordance with the scale of salary applicable to him as an employee of the National Road Board immediately prior to the commencement, of this Act: Provided that. for the purpose of determining such person's pensionable emolu- ments for the purpose of the Pensions Act, regard shall not be had to any allowance payable t.o him in terms of this sub-section: Provided furt.her that any such allow- ance shall form part of such person's salary for the purpose of the Provident Fund referred to in sub-section (I) of section fo-urteert. ~O~?~ng 14. (1) Subject to the succeeding provisions of this benefits. Act- (a) every person who becomes an employee of the Government. in terms of section thirteen and who, at the date of commencement of this Act is under sixty years of age in the case of a male, or under fifty-five years of age in the case of a female, shall retain all the rights and remain subject to all the obligations acquired or incurred by him as a member of the National Road Board Provident Fund established by the said Board for the benefit of its employees; PAGENO="1091" AIR LAWS AND TREATIES OF THE WORLD 2493 (b) all rights and obligations of the National Road Board, in respect of the said Provident Fund, shall, as from the date of commencement of this Act, vest in the Treasury and all policies of insurance taken out by the said Board in accordance with the regulations governing such Provident Fund shall as soon as may be thereafter be ceded to the Treasury; (c) any contributions payable by the Treasury in terms of the said regulations as from the date of the commencement of this Act, including the repayment to the Fund of any contributions that may have been paid in advance from the Fund in respect of a period of service subsequent to such date, shall be paid out of revenue (as defined in section eighty-three of the Pensions Act) and all expenses incurred by the Treasury in the administration of the said National Road Board Provident Fund shall be paid out of the Consolidated Revenue Fund. (2) Notwithstanding anything to the contrary con- tained in the Pensions Act, any person appointed to the public service in terms of sub-section (4) of section thirteen who is a member of the said National Road Board Provident Fund and ~who, in the case of a male is under fifty years of age or in the case of a female is under forty-five years of age at the date of his or her appointment to the public service, shall elect in writing within three months of the date upon which he is called upon by the head of his department to do so, either- (a) to contribute to the Pension Fund as from the date of his appointment to the public service; or (b) to retain any rights and remain subject to any obligations which he may have acquired or incurred as a member of the said National Road Board Provident Fund. (3) A person who fails to make an election in terms of subsection (2) shall be deemed to have elected to con- tribute to the Pension Fund as from the date of his ap- pointment to the public service. (4) A person who has elected in terms of sub-section (2) or is deemed to have elected in terms of sub-section (3) to contribute to the Pension Fund as from the date of his appointment, to the public service may, subject to the provisions of paragraphs (a), (c), (e) and (f) of section $~teen of the Pensions Act, elect in writing within one month of the date upon which he is called upon by the head of his department to do so, to contribute to the Pension Fund in respect of such portion of his continuous employment. (including his continuous employment un- der the National Road Board) immediately prior t.o such appointment as may be approved by the Treasury, and if he so elects- PAGENO="1092" 2494 AIR LAWS AND TREATIES OF THE WORLD (a) the policy of insurance taken out in respect of him by the National Road Board shall be surren- dered and realized, half the proceeds thereof being paid to him and half to the Fund, or alternatively, he may require that the policy shall be ceded to him subject to the payment by him to the Fund of an amount equal to the difference between the amount paid in respect of that policy from the said Provi- dent Fund and the contributions paid by him to that Provident Fund; and (b) there shall, notwithstanding anything to the contrary in this Act or in any other law contained, be paid from the Fund to revenue (as defined in section eighty-three of the Pensions Act) an amount equal to that payable to the Pension Fund in terms of subparagraph (a) and items (i) and (ii) of sub- paragraph (b) of paragraph (2) of section thirty- one of the Pensions Act in respect of his continuous employment under the said Board. (5) Notwithstanding the provisions of sub-section (2) any person appointed to the public service in terms o sub-section (4) of section thirteen who, in the case of a male is fifty years of age or more, or in the case of a female is forty-five years of age or more at the date of his or her appointment to the public service, may within three months of the date upon which he is called upon by the head of his department to do so, elect to contribute to the Pension Fund as from the said date of appoint- ment provided the person concerned elects and is per- mitted to contribute to the said Fund in accordance with the provisions of sub-section (4) in respect of his con- tinuous employment, as approved by the Treasury, as from a date prior to the date on which such person at- tained the age of fifty or forty-five years, as the case may be. (6) Any person referred to in sub-section (1) of sec- tion thirteen who becomes a member of the Pension Fund and has elected to contribute to that Fund in terms of sub-section (4) of this section and who, in order to enter into the employment of the National Road Board, had resigned from employment under the Government. (as defined in section one hwndred and one of the Public Service Act, 1923) may elect in writ.ing, within a period of three months from the date upon which he is called upon by the head of his department to do so, to contrib- ute to the Pension Fund, subject to the provisions of the Pensions Act in respect of such period of his past con- tinuous employment under the Government as may be approved by the Treasury, and if he elects so to contrib- u~e, any period which may have elapsed between the date upon which his employment under the Government ter- minated and the date upon which his employment under the said National Road Board commenced shall, for the PAGENO="1093" AIR LAWS AND TREATIES OF THE WORLD 2495 purposes of the said Act, be regarded as special leave of absence without pay. Provided that any period so re- garded as leave of absence without pay shall not be reck- oned as service for pension purposes. (7) If any person has elected or is deemed to have elected to contribute to the Pension Fund in terms of sub- section (2) or (3) but has elected not to contribute to the said Fund in terms of sub-section (4), all contributions by the Treasury in respect of that person in terms of the regulations governing the said National Road Board Provident Fund shall cease as from the date of that per- son's appointment to the public service and any policy of insurance which has been effected on his life in terms of the said regulations shall be ceded to him subject to the repayment by him to revenue (as defined in section eighty-three of the Pensions Act) of an amount equal to the difference between the amount paid from the said National Road Board Provident Fund in respect of his service as from the said date and the contributions re- covered from him in terms of the said regulations in respect of his service as from the said date. (8) When any person appointed to the public service in terms of sub-section (4) of section thirteen does not become a member of the Pension Fund, the provisions of section nineteen of the Pensions Act shall apply to such person as if he were a new member within the meaning of that Act, and in t.he application of the said provisions to any such person his pensionable age shall be deter- mined in accordance with the definition of that expres- sion in section eighty-three of the said Act. 15. If any person referred to in paragraph (a) of sub- section (1) of section fourteen is not appointed to the contrtbu~ions public service, any contributions payable by the Treas- ~ ury in respect of such person in terms of the regulations Provident governing the said National Road Board Provident Fund und. shall cease when that person attains the pensionable age as defined in section eighty-three of the Pensions Act. 16. (1) Notwithstanding anything to the contrary Power of contained in the Pensions Act, the contributions pay- able- certain ernolu- (a) to the Pension Fund in respect of any period pen~ion of employment prior to his appointment to a post purposes. in the public service; or (b) from time to time, to the Government Em- ployees Provident Fund established by section sixty- three of the said Act, by any person referred to in section thirteen, shall be based on such emoluments as may be determined by the Treasury, on the recommendation of the Public Service Commission, and such emoluments shall for the purposes of that Act, be deemed to be the pensionable emoluments of the person concerned. PAGENO="1094" 2496 AIR LAWS AND TREATIES OF THE WORLD (2) Any pension that may become payable in terms of section thirty-nine of the Pensions Act to a native or coloured person who becomes an employee of the Gov- e.rnment~ in terms of section thirteen of this Act shall, notwithstanding anything to the contrary contained in the Pensions Act, be based on such emoluments as may be determined by the Treasury, on the recommendation of the Public Service Commission, and such emoluments shall for the purposes of the Pensions Act, be deemed to be the pensionable emoluments of the person concerned. 17. (1) The secondment of every ofl~cer of t.he public terminate, service who was seconded to the service of the National Road Board shall terminate at the date of commence- ment of this Act. (2) The salary and the scale of salary (including the corresponding rank and status) of every such officer as a member of the public service shall be as determined from time to time upon the recommendation of the Public Service Commission: Provided that in the making of any suc.h determination under this sub-section, regard shall be had to the progression in salary, rank and status which such officer would have made in the public service had he not been seconded to the service of the said Na- tional Road Board: Provided further that except with his own consent. or in accorda.nce with any law, the amount (including the scale of salary upon which that amount. was based) deemed to be his pensionable emoluments immediately before the commencement of this Act., shall not be reduced. (3) If the salary to which such an officer is entitled by virtue of any determination made under sub-section (2) at any time falls short. of the salary to which he was or would have been entitled in accordance with the scale of salary applicable to him while he was serving the said National Road Board, there shall be paid to him (in addition to the salary to which he is entitled as a mem- ber of the public service) a personal allowance equal to the difference. That allowance shall, if he was seconded to the service of the said Board prior t.he second day of December, 1935, form part of his pensionable emoluments for the purposes of the Pensions Act, but if he was so seconded on or after the second day of December, 1935, that allowance shall not form part of his pensionable emoluments for the purposes mentioned. ~ 18. This Act shall be called the Transport (Co-ordina- tion) Act, 1948, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette: Provided that the amendment of section nine of the National Roads Act, 1935 (Act No. 42 of 1935) as set out in the Schedule, shall be deemed to have come into operation on the first day of April, 1948. PAGENO="1095" AIR LAWS AND TRF:ATIE~ OF TIlE WORLD 2497 Schedule. LAWS AMENDED. No. and year of Law Title of Law Extent of Amendment Act No. 16, 1923 Aviation Act, 1923. - - - The repeal of sub-sections (1), (2) and (3) of section three bis, as inserted by section four of Act No. 41 of 1946. Act No. 39, 1930 Motor Carrier Trans- portation Act, 1930. The repeal of section two, and of sub-section (3) of section fire as inserted by section six of Act No. 31 of 1932. Act No. 42, 1935 National Roads Act, 1935. (a) The repeal of sections two, three, fifteen, and pars- graphs (b), (c) and (d) of sub-section (1) of section sixteen as amended by Act No. 22 of 1944: (b) The deletion with effect from the first day of April, 1948, of the words "and redemption" in sub- section (1) of section nine. PAGENO="1096" PAGENO="1097" ACT TO Provide for the Licensing and Control of Air Carriers and Air Services. Act No. 51, 1949. 2499 PAGENO="1098" 2500 AIR LAWS AND TREATIES OF THE WORLD ACT To provide for the Licensing and Control of Air Carriers and Air Services. (English Text signed by the Governor-General.) (Assented to 1st July, 1949.) BE IT ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows :- Definitions. 1. In this Act, unless the context rndicates otherwise- (i) air carrier" means a person who operates an air service; (vi) (ii) " air service " means any service performed by means of an aircraft for reward, and includes an air transport service; (v) (iii) "air transport service" means a service by aircraft for the carriage of passengers or goods for reward, and includes such a service on charter terms; (vii) (iv) "commission" means the National Transport Com- mission established under section three of the Trans- port (Co-ordination) Act, 1948; (iii) (v) "international air transport service" means an air transport service which passes through the air space over the territory of the Union or of South-West Africa and at least one other State; (ii) (vi) "licence " means an air carrier's licence granted under section nine, or deemed in terms of sub-section (4) of section twenty to have been so granted; (iv) (vii) "person" includes the Railway Administration; (viii) (viii)" prescribed " means prescribed by regulation; (x) (ix) "regulation" means a regulation made under section twenty-two; (ix) (x) "scheduled" or "non-scheduled" in relation to an air transport service, shall be construed by reference to the definitions contained in the regulations made under paragraph (g) of section twenty-two; (xi) (xi) " this Act " includes the regulations; (i). Air service not 2 (1) Subject to the succeeding provisions of this section, to be provided no person shall, after a date to be notified by the Governor- under General by proclamation in the Gazette, use an aircraft for the provision of any air service, except under and in accordance with the terms and conditions of a licence granted to that person or deemed to have been so granted. (2) No licence shall be required in respect of a scheduled international air transport service which is being operated by an airline of another State in terms of any bilateral agreement concluded between the Government of the Union and such other State. (3) The Governor-General may, if it appears to him expedient to do so, by proclamation in the Gazette exclude or modify, to such extent as to him seems desirable, the application of sub-section (1) to or in respect of visiting aircraft, registered as to nationality in another contracting State, which are engaged in the carriage of passengers, cargo or mail for remuneration or hire on other than~ scheduled international air services. PAGENO="1099" AIR LAWS AND TREATIES OF THE WORLD 2501 For the purposes of this sub-section " contracting State means any State which is a party to the Convention on Inter- national Civil Aviation, signed at Chicago on the seventh day of December, 1944. (4) Any person who contravenes the provisions of sub- section (1) shall be guilty of an offence and liable on conviction, for a first offence, to a fine not exceeding five hundred pounds, and for every subsequent offence, to a fine not exceeding one thousand pounds. 3. (1) It shall be the function of the commission, subject Functions of to the provisions of this Act, and with due regard to the pro- commission in visions of sections seven and nine of the Transport (Co-ordina- j~°~ tion) Act, 1948 (Act No. 44 of 1948), to hear and determine any application- (a) for the grant of a licence; (b) for the renewal, transfer, alteration, modification or amendment of a licence or the conditions thereof; (c) for an exemption from any of the provisions of this Act or any condition of a licence; (d) by or on behalf of any interested party, requesting the commission to make any order or give any direction, consent or approval which it may lawfully make or give, or with respect to any matter which by this Act or any order or direction of the commis- sion is prohibited, sanctioned or required to be done. (2) Every such application as is mentioned in sub-section (1) shall be addressed to the commission in the prescribed manner and form. (3~ Whenever the commission has refused any such applica- tion as is mentioned in sub-section (1) or has varied the con- ditions of a licence under sub-section (5) of section nine or cancelled or suspended a licence under section seventeen, the commission shall, at the written request of the applicant or the holder or the licence concerned, as the case may be, and upon payment to the Secretary for Transport of the prescribed fec, furnish to him its reasons for such refusal, variation, cancellation or suspension. - 4. (1) Every person who applies for the grant of a licence Particulars to shall furnish to the commission: be furnished in - . - - connection with (a) his full name, address and nationality, and if the application for applicant is a company, a copy of its memorandum air carrier's and articles of association; licence. (b) proof, to the satisfaction of the commission, of the availability of sufficient capital for financing the enterprise, and a statement of the amount of such capital: Provided that this paragraph shall not apply in respect of an application for a licence by the Rail- way Administration; (c) particulars of the air service which the applicant pro- poses to provide, and such particulars as the com- mission may require of the organization which the applicant has or proposes to set up for the purposes of such service; (d) particulars of the number of aircraft (including re- serve aircraft) to be used; PAGENO="1100" 2502 AIR LAWS AND TREATIES OF THE WORLD (e) such particulars as the commission may require, of the type or types of aircraft to be used; (f) particulars concerning the availability of spare parts and of servicing, maintenance and repair facilities at terminal and intermediate points on the route over which the applicant proposes to provide the service; (g) particulars concerning the personnel it is proposed to employ in connection with the air service, with particulars of the number of persons to be employed in each of the various claBses of employment, the proposed rates of pay, travelling, subsistence and other allowances, benefits and privileges, normal hours of duty, and an estimate of the number of flying hours per month which each member of the crew of any aircraft will be required to complete; (h) particulars concerning- (i) the types and classes of traffic which the applicant proposes to convey; (ii) the routes and towns proposed to be served and the airports to be used; (iii) the frequency and time tables of the proposed air service; (iv) the proposed tariff of charges or fareB; (v) the period of time which the applicant antici- pates will elapse before the proposed air service can be commenced; (vi) the applicant's previous experience, if any, in the operation of commercial air services. (2) An applicant for the renewal of a licence shall furnish with his application such particulars as may be prescribed in relation to the class of air service for which authorization is sought. Publication of 5. As soon as practicable after receipt of any application particulars of mentioned in section three, the commission shall cause notice applications. . . of the application to be given or published in the manner prescribed, setting out- (a) in the case of an application for the grant or renewal of a licence-.--- (i) the name of the applicant; (ii) particulars of the air service which the applicant proposes to provide; (iii) the proposed tariff of charges or fares; (iv) a brief general description of the aircraft to be used; and (v) where a licence for the operation of a regular air transport service is applied for, particulars of the proposed routes and the frequencies of the service; (b) in the case of any other application, such particulars or information concerning the nature thereof as may be prescribed. - Representations 6. (1) Any interested person may, within twenty-one days in support of or after the date of first publication of particulars of an application in opposition tO in terms of sectionfive, submit to the commission representations application. . . . . . . in writing in support of or in opposition to the application, and PAGENO="1101" AIR LAWS AND TREATIES OF THE WORLD 2503 a copy of such representations in opposition to the application shall be sent by the objector to the applicant at the same time as they are sent to the commission: Provided that where an objector has failed to give notice of objection, or to give such notice timeously, the commission may, in its discretion, and on such terms as to postponement of the hearing or as to the lodging of a deposit under sub-section (4) of section 8even, as it may think fit, condone the want of due notice and hear the objection. (2) Any allegation of fact made by a person in opposition to an application shall, if the commission so directs, be made under oath. 7. (1) For the purpose of enquiring into, considering and Consideration determining any application mentioned in section three, the and determination of applications. commission shall hold hearings, in pubhc at such places as it may think fit: Provided that the commission may in any particular case hold a hearing in private if it considers it to be in the public interest. The commission shall cause notice to be given in the manner prescribed to the applicant and to every person who has made representations in support of or in opposition to the application, of the day, time and place appointed for the hearing. (2) An applicant or objector may appear at the hearing of an application either in person or by counsel, attorney or other duly authorized representative, but shall not, save as is pro- vided in sub-section (5), be entitled to recover from any other party any costs incurred by him in the proceedings. (3) If the commission is of the opinion, having regard to the nature of an application or objection or the circumstances in which it is made, that it has prima facie little chance of success and that its making may cause needless expense to an objector or to the applicant, as the case may be, the commission may at any time during the proceedings after the lodging of an application or objection, order such applicant or objector to deposit with the commission a sum not exceeding one hundred pounds within a stated time, and in default of such deposit may refuse the application or disallow the objection. (4) The commission may, as a condition of condonation of any default by an applicant or objector in complying with the prescribed procedure of application or objection, or of the grant of postponement or other indulgence, require such appli- cant, objector or party seeking indulgence to deposit with the commission a sum not exceeding one hundred pounds within a stated time. (5) If the commission is satisfied that the making of an application which it has refused or of an objection which it has disallowed, or the default of or grant of indulgence to an applicant or objector, has caused unnecessary expense to another party to the proceedings, the commission may in its discretion order that out of any deposit made under sub-section (3) or sub-section (4) by such applicant or objector, such sum of money as it may think fit be paid to the party so damnified in reimbursement or part reimbursement of costs incurred by him, and may order further that there be paid out of the said deposit into the Consolidated Revenue Fund such sum as it may think fit. The remainder of any sum deposited or, if no such order is made, the whole of the sum deposited, shall be returned to the depositor. PAGENO="1102" 2504 AIR LAWS AXD TREATIES OF THE WORLD Power of 8. (1) The commission may for the purposes of any pro- commission to ceedings before it under this Act, by summons under the hand compel attendance of the chairman or the secretary of the commission, require of dwItne~se8~ any person who it has reason to believe may be able to give of documents, material information concerning the subject-matter of the etc. proceedings, or to produce any book, document or thing which has any bearing on the subject-matter of the proceedings, to appear personally before the commission, or any member of the commission designated by the commission, at a time and place stated in the summons, and to produce any such book, document or thing which he may be able to produce. (2) A summons referred to in su~b-section (1) shall be in the form prescribed, and shall be served in the same manner as a subpoena in a criminal case issued by a magistrate's court. (3) The commission, or any member of the commission designated by the commission in terms of sub-section (1), before whom any person summoned in terms of sub-section (1) appears as a witness, may interrogate such person and require him to produce any book, document or thing mentioned in the summons which he may be able to produce, and for this purpose the chairman or, in his absence, any other member of the commission (if such person appears before the commission) or the member of the commission before whom such person appears, may administer an oath to him or require him to make affirmation of the truth of his testimony. Any book, document or thing produced by any person under this sub-section may be retained for a reasonable period for examination by or on the order of the commission. (4) Any person who, having been duly summoned under sub-section (1), without lawful excuse fails to appear in obedi- ence to the summons or to remain in attendance until he is excused from further attendance, or who without lawful excuse refuses to be sworn or to make affirmation or to answer any relevant question lawfully put to him or to produce any book, document or thing referred to in sub-section (1) which he may be able to produce, or who, while he is under oath or affirmation, makes any false statement before the commission or the person interrogating him, which he knows to be false, shall be guilty of an offence: Provided that in connection with the interrogation of any such person or the production of any such book, document or thing, the law relating to privilege, as applicable to a witness subpoenaed to give evidence or to produce any document or thing before a court of law, shall apply. (5) Any person who- (a) refuses or fails to comply to the best of his &bility with any reasonable requirement of the commission, or any member of the commission designated in terms of sub-section (1), in connection with the exercise of its or his functions under this section; or (b) wilfully hinders or obstructs the commission or any such member in the exercise of those functions, shall be guilty of an offence. (6) Any person convicted of an offence under this section shall be liable to a fine not exceeding one hundred pounds. Grant or 9. (1) The commission may in its discretion grant an appli- refusal of cation for a licence or for the renewal of a licence, subject to licence. Matters such conditions as may be attached to a licence under section to be considered. PAGENO="1103" AIR LAWS AND TREATIES OF THE WORLD 2505 eleven, or may refuse such application, or may grant a licence which in respect of area or distance of operation, or in any other respect, confers a less extensive authorization than the licence sought by the applicant. (2) In exercising its discretion the commission shall have regard to- (a) the need of the section of the public affected by the application, for the class of air service for which authorization is sought; (b) the co-ordination and development of air and other transport services generally, with the object of ensuring the most effective service to the public; (c) the avoidance of uneconomical overlapping and, generally, the interests of the public. (3) Without prejudice to the generality of the considerations mentioned in sub-section (2), the commission shall, having regard to the nature of the application before it, take into consideration the following matters: (a) the existence of other ar services in the area through or within which the proposed service is to be pro- vided; (b) the possibilities of air services in that area; (c) the degree of efficiency and regularity of the air ser- vices, if any, already provided in that area, whether by the applicant or by other air carriers; (d) the period for which such services have been provided by the applicant or by other air carriers; (e) the extent to which it is probable that the applicant will be able to provide a safe and satisfactory air service in respect of continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency; (f) the financial resources of the applicant; (g) the suitability of the type of aircraft proposed to be used for the purposes of the air service, and the commission shall take into consideration any repre- sentations in support of or in opposition to the application, duly made in accordance with the provisions of this Act. (4) The commission may grant wholly or in part any appli- cation by an air carrier for the amendment or modification of his licence or the conditions thereof, if in its opinion by reason of altered circumstances or for any other good and sufficient reason, including any consideration mentioned in sub-section (2) or (3), it is desirable to do so in the public interest or in order to avoid hardship. (5) The commission may of its own motion in like circumstances vary the conditions attached by it to a licence, or may attach further conditions thereto: Provided that the commission shall not so vary any conditions of a licence or attach thereto any further condition, which has the effect, in either case, of restricting in any respect the authorization con- ferred by the licence, unless at least twenty-one days notice of its intention so to do has been given to the holder and he has been given an opportunity of being heard by the commission in opposition thereto: Provided further that the holder of the licence concerned shall be allowed a reasonable time by the commission within which to comply with any such variation of the conditions of his licence or with such new condition so attached to his licence. PAGENO="1104" 2506 AIR LAWS AND TREATIES OF THE WORLD Protection of 10. Whenever an air service provided by any air carrier at~carrie within any particular area or over any particular route is, in satisfactory the opinion of the commission, satisfactory and sufficient to services, meet at a reasonable charge the need of the public for that class of sir service within that area or over that route, the com- mission shall not grant a licence to any other person forthe provision of an air service within substantially the same area or over substantially the same route, in competition with the first-mentioned air service: Provided that this sub-section ahaB not be deemed to prohibit the commission from granting a licence for the provision of an air transport service over a route which overlaps any segment of a route over which an air trans- port service is provided by any other air carrier, if the com- mission is satisfied that the provision of an air transport service over such first-mentioned route is necessary in order to satisfy adequately the air transportation requirements of the public. Matters to be II. (1) No one licence shall authorize the provision of more specified than one of the classes of air service established by regulation, conditions which but licences to provide two or more different classes of air may be attached service so established may be granted to the same person. thereto. (2) Every licence shall specify- (a) the name and address of the licensee; (b) the class of air service authorized by the licence; (c) the period of validity of the licence; (d) the area within or the route over or the points between which the air service may be provided. (3) The commission may attach to a licence such of the. following conditions a~ may be applicable in respect of the particular class of air service authorized by the licence- (a) a condition that the aircraft to be used shall not operate at or from a specified aerodrome or shall only operate at or from one or more specified aerodromes: Provided that no air carrier shall be required to operate at an aerodrome which is not provided with telephonic means cf communication; (b) a condition that a certain class or description of goods other than mails shall or shall not be carried; (c) a condition specifying the charges or the maximum or minimum charges which may be made in connection with the air service; (d) a condition prohibiting the taking on or setting down of passengers or goods within a specified area or between specified points on a route; (e) conditions as to the provision which shall be made by the air carrier for the payment of compensation in respect of the disablement or death of any of his employees resulting from any accident arising out of and in the course of such employee's employment, in any case where the provisions of the law relating to the payment of compensation to workmen, in force - in the Union or the territory of South-West Africa, do not apply in respect of the disablement or death of such employee; (f) a condition requiring a specified minimum frequency to be maintained on the service; (g) a condition stipulating that the air service may be operated by day only, or by night only; PAGENO="1105" AIR LAWS AND TREATIES OF THE WORLD 2507 (h) a condition requiring the air service to be in full opera- tion within a specified period, not exceeding two years, after the date upon which the licence is granted; (i) a condition requiring the air carrier to give to the com- mission a specified period of notice of his intention to abandon the air service; (j) a condition prohibiting the conveyance of mails without the authority of the Postmaster-General; (k) any other conditions which the commission considers desirable in the interests of public safety, or to prevent uneconomic competition. 12. (1) A licence may be granted for such period, not ex- Peri~ of ceeding seven years, as the commission may in each case stipu- validity of late: Provided that every licence for the operation of a scheduled ~ and air transport service shall be granted for an initial period of ~ ~` seven years: Provided further that any licence may be renewed by the commission for such further period or periods, not exceeding five years at a time, as the commission may in each case deem desirable in the public interest, and subject to such conditions as are mentioned in section eleven. (2) An application for the renewal of a licence shall be sub- mitted to the commission not later than twelve months prior to the date of expiration of the licence and if any such applica- tion is submitted to the commission not less than eighteen months prior to the date of expiration of the licence, the de- cision of the commission thereon shall be communicated to the applicant not less than twelve months prior to that date. (3) The period of validity of a licence may, in the discretion of the commission, be expressed to commence as from a date subsequent to that on which the licence is actually granted. (4) If at the date on which a licence expires, proceedings are pending on an application for the renewal of the licence, the expired licence shall be deemed to continue in force until such application has been finally determined. 13. (1) An air carrier to whom a licence for the provision of Air transport an air transport service has been granted, shall not commence iervioe not to such service until the commission has issued to him an operating be commenced certificate certifying that the holder is adequately equipped and able to conduct a safe air transport service over the route or obtained. within the area in respect of which the licence was granted. (2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence and liable on conviction to the penalties prescribed by sub-section (4) of section two. 14. There shall be paid to the Secretary for Transport by an Licence fees. air carrier in respect of each licence issued to him, and in respect of the renewal or transfer of any such licence, such fee as may be prescribed in relation to the class of licence in question. 15. (1)' A licence may, on the application of the holder, be TranAfer and transferred by the commission to another person for the re- termination of maining period of its validity, and the commission may make licence., its consent to the transfer subject to such conditions as it may in the public interest deem desirable, (2) If any condition subject to which the consent of the com- mission to the transfer of a licence was obtained, is not fulfilled 39-737 0-65--vol. II---70 PAGENO="1106" 2508 AIR LAWS AND TREATIES OF THE WORLD in connection with the transaction of which the transfer forms a part, or if it appears that any false information has been furnished to the commission in connection with an application for such a transfer, the commission may forthwith withdraw its consent to the transfer and thereupon the licence shall become null and void. (3) With every application for the transfer of a licence there shall be submitted to the commission in form prescribed sworn declarations, by the holder and the proposed transferee of the licence, setting forth full particulars of the transaction of which the proposed transfer of the licence forms a part or to which it is incidental, including particulars of the full consideration passing from the transferee to the holder. (4) A licence shall automatically lapse in the event of the sequestration of the estate of the holder or, if the holder is a company, in the event of its being wound up. inlurance. 16. Every licensed air carrier (other than the Railway Ad- ministration) shall insure and at all times keep himself insured, in such sums or to such extent as may be prescribed in relation to the class of air service provided by such air carrier, against claims of a nature or class likewise so prescribed, which may arise out of the use of aircraft by such air carrier under the authority conveyed by his licence. Cancellation 17. (1) The commission may, subject to the provisions of or euapenaion sub-sections (2) and (3), at any time cancel a licence, or suspend of licence., it for such period as the commission may think fit, or vary or add to the conditions thereof, if the holder has contravened or failed to comply with- (a) any provision of this Act or of any law prescribing measures of safety in connection with the use of air- craft; or (b) any lawful order or requirement of the commission under this Act; or (c) any condition of his licence; or (d) the terms of any exemption granted to him under this Act, or if, in the case of an air transport service, the service provided by the holder of the li'~ence does not meet fully and satisfactorily the air transportation requirements of the public over the route or within the area in respect of which the service was licensed. (2) The commission shall not exercise any of its powers under sub-section (1) unless it has given the licensee reasonable notice of the action which it is proposed to take and of the grounds therefor, and has afforded the licensee an opportunity of showing cause, either in writing or by appearance in person or by a repre- sentative before the commission, why the proposed action should not be taken, and no licence shall be cancelled or suspended on the ground of failure to comply with a condition unless it appears to the commission that the failure has been repeated or persistent, or has been deliberate and serious. (3) The temporary abandonment, suspension, diversion or interruption of an air service, necessitated or brought about by adverse weather conditions, considerations of safety, illness PAGENO="1107" AIR LAWS AND TREATIES OF THE WORLD 2509 or other emergency, shall not be taken to constitute a breach of any condition of the licence authorizing such service, but the commission may, in any such case, require the licensee to furnish it with a full report on the occurrence, and the licensee shall submit the report in such manner and form and within such period as the commission may direct. 18. The commission may by order iii writing require air ReturnR. carriers or any particular class of air carrier to render to it in such manner and form and at such times as may be prescribed by thc commission, such returns in ielation to any clas8 or classes of air service provided by such carriers or class of carrier, as the commission may deem necessary for the effective carrying out of its duties and functions under this Act. 19. (1) The commission may on the application of any air Exemptions. carrier, exempt him from the operation of sub-section (1) of section two or from the operation of any other provision of this Act or any condition of his licence, if in the opinion of the commission the air carrier concerned is providing or proposes to provide an air service on a non-profit basis for charitable purposes, or for purposes incidental to social welfare, or that the granting of such exemption will assist in saving life. * (2) Any exemption granted under sub-section (1) may be limited so as to apply only in respect of one or more aircraft or one or more particular routes, journeys or transactions, or may be limited as to time, area or distance, or otherwise as the commission may think fit. (3) Whenever the commission is of opinion that the delay involved in publishing in terms of section five particulars of an application for exemption, would defeat the object of the application, and that non-publication of such particulars would not be detrimental to the general public interest, the com- mission may dispense with such publication and grant the application forthwith. (4) Any person who uses an aircraft for the provision of an air service in contravention of the terms of an exemption granted to him under this section shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred pounds. 20. (1) If any air carrier (including the Railway Adminis- Provision with tration) is, at the date of commencement of this Act, providing regard to within any area or over any route, a scheduled air transport ~ d service in respect of which a licence referred to in sub-section (4) ses, and has not beeii granted to him, and if such air carrier has been services previously providing the said service regularly as from a date not later operated by the than the eleventh day of October 1946 the commission shall Railway Administration. not grant a licence to any other person for a similar class of air service over substantially the same route or within substantially the same area unless such air carrier has failed to apply for a licence in respect of the service so provided by him, within three months after the commencement of this Act. (2) It shall not be competent for the commission to grant to any person other than the Railway Administration, a licence for a scheduled air transport service over any route which is substantially the same as a route over which the Railway Administration was regularly providing such a service im- mediately prior to the sixth day of September, 1939, but over PAGENO="1108" 2510 AIR LAWS AND TREATIES OF THE WORLD which it has not been regularly providing such a service between the eleventh day of October, 1946, and the date of commence- inent of this Act, unless the Railway Administration has failed to apply within a period of three months after the com- rnencement of this Act for a licence to provide such a service over the route in question. (3) If an air carrier referred to in sub-section (1) has applied for a licence in respect of such a service as is described in that sub-section within a period of three months after the com- mencement of this Act, or if the Railway Administration has, within the said period, applied for a licence for a scheduled air transport service over any route referred to in sub-section (2), the commission shall not refuse the application, but may grant the licence applied for subject to such conditions as may be attached to a licence under section eleven. (4) Any licence to provide an air transport service, granted before the commencement of this Act pursuant to the provisions of Government Notice No. 2143 dated the eleventh day of October, 1946, shall be deemed to have been granted by the commission under this Act if the formalities prescribed by that Notice were duly complied with in connection with the appli- cation for and the granting of such licence, and any conditions attached to such licence shall, in so far as they are not repugnant to any provision of this Act, be deemed to have been attached thereto under this Act. (5) Every licence referred to in sub-section (4) shall remain in force for the period specified in the licence, but nothing in that sub-section contained shall be deemed to curtail the power of the commission under this Act to cancel or suspend or other- wise deal with such a licence as is referred to in that sub-section. (6) If, in any licence referred to in sub-section (4), a period has been specified within which the licensee was required to commence the operation of the air service authorized by the licence, and such period has, at the date of commencement of this Act, not yet expired, it shall not be competent for the com- mission, during the currency of such period, to grant to any other person a licence for a similar class of service within substantially the same ai~a or over substantially the same route as that in respect of which such first-mentioned licence was granted. Presumptions. 21. In any proceedings under this Act- (a) an aircraft which is being used for the provision of an air service shall, until the contrary is proved, be presumed to be so used or caused to be so used by the person in whose name that aircraft is registered in terms of any law relating to the registration of air- craft as to nationality; (b) an aircraft which is registered in the name of a person who is a licensed air carrier, and which is being used for the provision of an air service otherwise than in accordance with the terms and conditions of such air carrier's licence, shall, until the contrary is proved, be presumed to be so used or caused to be so used by such air carrier; (c) the conveyance in an aircraft of any person in addition to the normal operating crew, or of any goods shall, PAGENO="1109" AIR LAWS AND TREATIES OF THE WORLD 2511 until the contrary is proved, be presumed to be a con- veyance for reward; (d) a document purporting to be a licence issued under this Act, or a copy of any such licence certified in writing as such by the chairman or secretary of the commission or by any person acting in that capacity, shall be accepted as prima facie evidence of the facts stated therein; (e) a certificate signed by the chairman or secretary of the commission or by any person acting in that capacity, that a licence has not been granted by the commission to a specified person, shall be accepted as prima fade evidence of the facts stated therein. 22. The Governor-General may make regulations not in- Regulations. consistent with this Act, with regard to- (a) the manner and form in which any application under this Act shall be addressed to the commission; (b) the nature of the particulars to be furnished with any application under this Act; (c) the manner or publication and the contents of any notice under section five; (d) the manner in which notice of hearings shall be given in terms of section seven; (e) the form of any licence, certificate, summons or other document to be used for the purposes of this Act; ~f) the fees payable in respect of the issue, renewal or transfer of licences; (q) the establishment and definition of classi~cation or groups of air carriers or air services; (Ii.) any other matter which by this Act is required to be or may be prescribed or which it may be necessary or expedient to prescribe in order that this Act may be effectively and conveniently administered. 23. All expenditure incurred by the commission in the ad- Revenue and ministration of this Act shall be defrayed from the Consolidated ~~~ACt Revenue Fund and all moneys received under this Act shall be paid into the said Fund. 24. The provisions of this Act shall apply in respect of any ~ binds air services provided by the Railway Administration, and shall Admin~tration also apply to the Territory of South-West Africa. and applie, to South.West Africa. 25. This Act shah be called the Air Services Act, 1949, and Short title and shall come into operation on a date to be fixed by the Governor- commencement. General by proclamation in the Gazette PAGENO="1110" PAGENO="1111" ACT TO Amend the Aviation Act, 1923. Act No. 18, 1950. 2513 PAGENO="1112" 2514 AIR LAWS AND TREATIES OF THE WORLD ACT To Am.ad tb. Aviadosi Act, 1923.' BE IT ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:- (English text signed by the Governor-General.) (Assented to 1st May, 1950.) Axu*ndment of 1. Sub-section (1) of section sixteen of the Aviation Act, aection 16 of 1923, is hereby amended by the addition thereto of the words- Act 16 of 1928. . "and, if suo1~ person is the holder of a licence, certificate or rating issued under this Act, the court convicting him may canoe!, suspend for a specified period or order the endorsement of such licence, certificate or rating, or if such person is not the holder of any such licence, certificate or rating, the court may declare him to be disqualified from holding any licence, certificate or rating under this Act for such period as the court deems fit" Short tiU.. 3. This Act shall be called the Aviation Amendment Act. 1950. PAGENO="1113" ACT TO Amend the Aviation Act, 1923. Act No.51, 1955. 2515 PAGENO="1114" 2516 AIR LAWS AND TREATIES OF THE WORLD ACT To amend the Aviation Act, 1923. (English text signed by the Governor-General.) (Assented to 20th June, 1955.) BE IT ENACTED by the Queen's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:- Amendment of 1. (1) Section three of the Aviation Act, 1923 (hereinafter Act of 1923, referred to as the principal Act), is hereby amended- as amended by (a) by the substitution in sub-section (1) for the word Ac~ of 1946 "Governor-General" of the word "Minister"; (b) by the insertion in paragraph (c) of sub-section (1) after the word "six" of the words "and exemption from payment or variation as to the payment of such charges" and by the deletion in that paragraph of the words "the licensing or certificating of persons employed at aerodromes in the inspection or super- vision of aircraft"; (c) by the insertion after paragraph (c) of sub-section (1) of the following paragraphs: "(c)bis the control and management of any aerodrome established and maintained under the provisions of section six, including- (i) the prevention of damage to any runway, taxiway or other works or property connected with such aerodrome; (ii) the regulation or prohibition of vehicular or other traffic within such aerodrome; (iii) the control of aircraft on such aerodrome while such aircraft are not subject to the control of the air traffic control service operating at such aerodrome; (iv) the prevention of damage to aircraft on such aerodrome and the protection of freight carried by such aircraft; (v) the removal of aircraft hulks and aircraft wreckage likely to obstruct any runway or taxiway on such aerodrome, the imposition and recovery of charges for the right to leave an aircraft hulk or any aircraft wreckage on any such aerodrome, and the saving of life in the case of aircraft accidents; (vi) the granting of licences to handling, for- warding, passenger or freight agents, or other persons trading on such aerodrome, and the fees to be paid in respect of each such licence; (vii) the prohibition of smoking on such aero- drome or any part thereof; PAGENO="1115" AIR LAWS AND TREATIES OF THE WORLD 2517 (viii) the discretionary rights and powers which may be exercised in relation to the admission of the public to, or their exclusion from, such aerodrome or any part thereof and the imposition of charges for such admission and exemption from payment or variation as to the payment of such charges; (ix) the regulation or prohibition of the admission of any animal or class of animal to such aerodrome or any part thereof; (x) the prevention of the commission of any nuisance in or on such aerodrome and generally the promotion and ensuring of good sanitation, cleanliness and decency therein or thereon; (xi) the regulation of the handling and storing of goods at such aerodrome, the charges to be made for handling or storing goods and for their care or custody, the terms and conditions upon which they shall be received, the disposal of unclaimed goods and exemption from payment or variation as to the payment of such charges; (xii) the conditions under which and the times when dangerous or offensive classes of goods may be transported or handled at such aerodrome, the prohibition of the transport or handling of those classes of goods, and provision for or sanctioning of the removal or destruction of such goods; (xiii) the use of land forming part of such aero- drome for sites for the bulk storage of liquid fuel and other inflammable sub- stances, for pipe lines, power lines and the like, and whether such lines shall be overhead or underground; (xiv) the installation, maintenance and control of automatic vending, weighing, novelty and similar machines on such aerodrome and the charges to be paid in respect of each such machine; (c)ter the licensing or certificating of persons engaged in the construction, overhaul, maintenance, inspection or supervision of aircraft;"; (d) by the deletion of paragraph (f)bis of sub-section (1); (e) by the substitution for paragraph (j) of sub-section (1) of the following paragraphs: "U) regulating the lighting or marking of any obstruc- tion exceeding a prescribed height within a prescribed distance from any aerodrome; (j)bis prohibiting or regulating lights at or in the neighbourhood of aerodromes;"; PAGENO="1116" 2518 AlE LAWS A~D TREATIES OF THE WORLD (J) by the insertion after paragraph (k) of sub-section (1) of the following paragraph: "(k)bis the prevention or minimizing of interference with the use or effectiveness of radio or electronic apparatus used as aids to safety in air navi- gation;"; (g) by the deletion in the English text of paragraph (q) of sub-section (1) of the word "spare"; (h) by the insertion after paragraph (q) of sub-section (1) of the following paragraph: "(r) prescribing airworthiness requirements (including requirements as to design, performance, operation or maintenance) for aircraft, aircraft components or equipment and the specifications for materials used in, and the standards and processes which shall be observed in, the construction of aircraft, aircraft components or equipment, and such requirements, specifications, standards or pro- cesses, as the case may be, may differ in respect of different classes of aircraft or different types or models of the same class of aircraft or the same type or model of aircraft when used in different categories of operation or different classes or types of aircraft components or equip- ment;"; and (1) by the insertion after sub-section (1) of the following sub-sections: "(l)bis Different regulations may be made under paragraph (c)bis of sub-section (1) in respect of differ- ent aerodromes established and maintained under the provisions of section six. (l)ter No fees or charges or, where applicable, exemption from payment or variation as to the payment of such charges, shall be prescribed or provided for under sub-section (1) except after con- sultation with the Minister of Finance.". (2) Any regulations made under section three of the principal Act and in force at the commencement of this Act shall be deemed to have been made by the Minister under that section as amended by sub-section (1) of this section. Amendment of 2. Section six of the principal Act is hereby amended by the ti~n~~f Act addition thereto of the following sub-section: amended "(3) The Governor-General may, in like manner, section 6 of Act acquire land and interests in and rights to and over land 41 of 1946. for the purpose of- (a) the construction and maintenance of drainage works for the control and disposal of water which would otherwise gather on an aerodrome established and maintained under the provisions of sub-section (1); (b) the erection and maintenance of warning lights or other aids to safety in air navigation (including pipe lines or power lines or the like, whether underground or overhead, required in connection with such lights PAGENO="1117" AIR LAWS AND TREATIES C)F THE WORLD or other aids) which are deemed necessary in con- nection with any aerodrome in respect of which a licence under the regulations has been or is to be issued.". 2519 3. The following section is hereby inserted in the principal Act after section six: "Access to 6bis. (1) Any person duly authorized thereto land or in writing by the Secretary for Transport may enter any land or structure, after notice to the occupier purposes. thereof, for the purpose of carrying out thereon or therein any such examination or survey as may be necessary to determine its suitability for any of the purposes mentioned in section six or of performing thereon or therein any other act which he is autho- rized to perform thereon or therein by this Act. (2) Any person who hinders or obstructs any person in the exercise of his powers or the per- formance of his duties under sub-section (1) shall be guilty of an offence.". 4. Section seven of the principal Act is hereby repealed. 5. Section sixteen of the principal Act is hereby amended by the insertion in sub-section (2) after the word "owner" where it occurs for the second time of the words "(except in the case of an air carrier as defined in section one of the Air Services Act, 1949 (Act No. 51 of 1949))". 6. Section seventeen of the principal Act is hereby amended by the addition at the end thereof of the following proviso: "Provided that if any such offence is committed within the Union, the offence may be tried by any court having jurisdiction where the offence was committed.". 7. Section eighteen of the principal Act is hereby amended- (a) by the addition at the end of sub-section (1) of the words "and to all Union aircraft and personnel wheresoever they may be."; and (b) by the insertion after sub-section (1) of the following sub-section: "(1)bis For the purposes of sub-section (1) the personnel of an aircraft shall be deemed to include the pilot or other person in charge of the aircraft, and all other members of the crew of the aircraft.". 8. Section twenty of the principal Act is hereby amended- (a) by the deletion of the definition of "air carrier"; (b) by the deletion of the definition of "commercial air service"; and (c) by the substitution for the definition of "Minister" of the following definition: "`Minister' means the Minister of Transport;". Insertion of section 6bis in Act 16 of 1923. Repeal of section lofAct l6of 1923. Amendment of section 16 of Act 16 of 1923, as amended by section 1 of Act 18 of 1950. Amendment of section 17 of Act 16 of 1923. Amendment of section 18 of Act 16 of 1923. Amendment of section 20 of Act 16 of 1923, as amended by section 7 of Act 41 of 1946 and section 3 of Act 42 of 1947. Short title. 9. This Act shall be called the Aviation Amendment Act, 1955. PAGENO="1118" 2520 AIR LAWS AND TREATIES OF THE WORLD Act No. 45 of 1962. ACT TO AMEND THE AVIATION ACT, 1923 1 (A/ri kaan.s text signed by the State President.) (Assented to 7th May, 1962.) BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows- ~rnen~er~t 1. Section one of the Aviation Act, 1923 (hereinafter Ac referred to as the principal Act), is hereby amended by su~t1tijt~J the deletion in subsection (1) of the words "and ratified be~t~o0n 1 by the Government of the Union on the first day of of 1947. March, 1947,". 2. Section two of the principal Act is hereby of Act 16 amended- of 19~3. (a) by the insertion in paragraph (b) before the word "session", wherever it occurs, of the word "or- dina.ry": and (b) by the deletion of paragraph (c). 3. Section three of the principal Act is hereby of Act 16 amended- (a) by the insertion after paragraph (b) of sub- section (1) of the following paragraph: 194(~ and "(b) bis the issue, by a person and in the cir- s~e~c~t~ 1 of cumstances prescribed, of an order directing- of l9oo. (i) any aircraft intending to land at an aerodrome to observe a specified flight path during holding, approach and landing; (ii) any aircraft intending to land at a particular aerodrome not to land at such aerodrome but to proceed to a.nother aero- drome specified; and (iii) any aircraft to observe, upon take- off at an aerodrome, a specified climb-out flight path until tile assigned flight altitude is attained;"; (b) by the addition at the end of sub-paragraph (ii) of paragraph (c) bi~ of the said sub-section of tile words "the parking of vehicles therein, the de- marc.ation of places and the imposition of fees for such parking. the manner of payment of such fees, and the meaning of the word `park' for the purposes of this sub-paragraph"; (c) by the insertion in sub-paragraph (vi) of the said paragraph (c) bis. after the word "trading", of the words "or carrying on any occupation"; t9c~2No. 45 of (d) by the addition at the end of sub-paragraph (viii) of the. said paragraph (c)bis of the words "and the person w-ho shall decide during which periods those. charges shall be payable"; 1 Published in 1962 Statutes of the Republic of South Africa, Part I, p. 509. PAGENO="1119" AIR LAWS AND TREATIES OF THE WORLD 2521 (e) by the insertion in sub-paragraph (xiii) of the said paragraph (c) b~ before the word "liquid" of the words "oil and"; (f) by the deletion in paragraph (f) of the said sub-section (1) of the words "or goods or passengers may be conveyed by aircraft"; (g) by the addition at the end of paragraph (m.) of the said sub-section of the words "including the prevention of nuisance due to noise or vibration originating from the operation of machinery in air- craft on or above aerodromes, whether by the in- stallation in aircraft or on aerodromes of means for the prevention of such noise or vibration, or other- wise"; (h) by the insertion after the said paragraph (m) of the following paragraph: "(m) bL~ the order in which aircraft may be requisitioned and the holders of flight crew licenses issued in terms of this Act may be called out in terms of sub-section (1) of section five, the carrying out of any air search and res- cue operations, and the rate at which compen- sation is to be paid by the State in respect of any aircraft requisitioned and the calling out of any person for the purpose of such operations;"; (i) by the insertion in paragraph (n) of the said sub-section (1) after the word "whom" of the words "and to whom"; and (j) by the insertion in sub-section (1)ter after t.he word "fecs" of the words "rates of compensation" and after the word "such" of the words "fees or". 4. Section fovr of the principal Act is hereby amended- (a) by the substitution in sub-section (1) for the word "may" of the word "shall"; (14 by the insertion in paragraph (b) of sub-sec- tion (2), after the word "periods", of the words "of not less than two years"; (c) by the substit.ution for paragraph (b) of sub- section (3) of the following paragraph: "(b) matters arising out of the application in the Republic of the Convention or any other convention relating to aviation which applies or is to be applied in the Republic;"; (d) by the substitution for paragraph (d) of the said subsection of the following paragraph: "(d) the progress and development of civil aviation in the Republic and research into mat- t.ers pertaining to civil aviation,"; and (e) by the substitution in the. said sub-section for the words "flying and" of the words "or incidental to flying or". 5. The following section is hereby substituted for sec- tion fl~'e of the principal Act Amendment of section 4 of Act 16 of 1923, as substituted by sectIon 5 of Act 41 of 1946. Substitution of section 5 of Act 16 of 1923. PAGENO="1120" 2522 AIR LAWS AND TREATIES OF THE WORLD "Requisiting of aircraft and calling out of flight crew for air search and rescue opera- tions. Amendment of section 6 of Act 16 of 1923, as amended by section 6 of Act 41 of 1946 and section 2 of Act 51 of 1955. Insertion of section 7 in Act 16 of 1923. "Establish- ment of aero- dromes on undermined or certain other land. 5. (1) The Minister or any person authorized thereto by the Minister may at any time requisition any civil aircraft and call out any holder of a flight crew license issued in terms of this Act for air search and rescue operations, subject to the payment of compensation at such rate as may be prescribed. (2) If any air research and rescue operations are undertaken by the State in connection with any occurrence caused by the negligent or other unlawful act~ or omission of any person, the Minister may recover from such person the whole or any portion of the expenses incurred by the State in connection with such operations, according as he may deter- mine after consultation with the Minister of Finance. (3) Any person who without lawful reason refuses or fails to comply with any order or instruction made or given by virtue of the provisions of sub-section (1), shall be guilty of an offence.". 6. Section six of the principal Act is hereby amended- (a) by the deletion in sub-section (1) of all the words after the word "land", where it occurs for the second time; and (b) by the addition of the following sub-sections: "(d) The provisions of section seventy-eight of the Defence Act, 1957 (Act No. 44 of 1957), shall, if necessary, apply in connection with the acquisition in terms of this section of any land and interests in and rights to and over land, as if such land, interests or rights were required for defence purposes. (5) The provisions of any law governing the granting of authority for the issue of any licence for the carrying on of any trade or occupation, for the carrying on of which a licence is required in terms of any regulation made under sub-para- graph (vi) of paragraph (c)bis of sub-section (1) of section three, shall not apply to or in re- spect of any aerodrome established and main- tained in terms of this section.". 7. The following section is hereby inserted in the prin- cipal Act after section six bis: 7. Notwithstanding the provisions of section eight no aerodrome shall be established- (a) on any undermined ground or within a dis- stance of three hundred feet from any undermined ground or any open mine excavation unless, in the opinion of the Government Mining Engineer, such aerodrome could be used with safety; (b) on any ground which in the opinion of the Minister of Mines may be required for purposes of mining or prospecting for minerals, except- PAGENO="1121" AIR LAWS AND TREATIES OF THE WORLD 2523 i) iii the case of an aerO(lronle contemplated in sub-section (1) of section .ex, after consulta- t ion with the Minister of Mines; or (ii) in the case of aiiy other aerodroine, with the~ approval of the said Minister.". 8. Section eight of the principal Act is hereby aniended by the sul)stitution for the word "erection of the world "establishment', and the tlelet.ion of the word "actual". 9. Section ten of t.he principal Act is hereby a ii ì ended- (a) by the substitution in the last sentence of sub- section (~) for all the words after the word "by" of the words "a member of the South African Po- lice" ; and (h) by the substitution in sub-section (3) for the words "or justices of the peace by the Inquests Act, 1919" of the words "liv the~ Inquests Act, 1959 (Act No. 5~ of 1959)". 10. Sections, eleven, twelve and thirteen of the princi- pal Act are hereb~- repealed. 11. Section fonrteen of the principal Act is hereby amended b~ the insertion in sul)-sectlon ( ~ ) after the word "court", where it occurs for the last time, of the words "or the commissioner of patents, as the case may l)e,. 12. Section fifteen of the principal Act. is hereby amended by the substitution in sub-section (1) for all the words preceding the word "Provided" of the follow- ing words: "If the owner, pilot-in-command or person in charge of any aircraft~ commits any offence under this Act from oi' in respect of that aircraft or if reasonable suspicion exists that~ such an offence has bee.n committed or attempted or is about to l)e committed or attempted from or in respect of any aircraft by the owner, pilot.- in-command or person in charge thereof, any member of the ~oiithi African Police or any officer of the South African Defence Force niav. pending the trial of the charge, (letain the aircraft in question, and any pe~'so~ who, knowing that any aircraft~ is being so detained, re- mo\-es 01' causes to be removed such aircraft, shall be guilty of an offence 13. The following section is hereby inserted in the principal Act after section fifteen 15h~h. (1) Any person who while any aircraft~ is iii a ) Lv force oi threat of force and with out~ law- fiil i'easoii seizes cont 1'ol or exercises control of su('hl aii'craft : oi' (h) assaults 01' wilfully interferes with amiv mem- bei' of lie personnel of such aircraft iii the perform- amice of his dut ies, Amendment of section 8 of Act 16 of 1923. Amendment of section 10 of Act 16 of 1923. Repeal of sec- tions 11, 12 and 13 of Act 16 of 1923. Amendment of section 14 of Act 16 of 1923. Amendment of section 15 of Act 16 of 1923. Insertion of section lSbiR in Act 16 of 1923. `Acts of vio- lence towards personnel of aircraft and possession of fire-arms. dangerous weapons or explosives in aircraft, and false allega- tions in regard thereto. flight-- 39-737 0-65--vol. H--71 PAGENO="1122" 2524 AIR LAWS AND TREATIES OF THE WORLD Amendment of section 16 cf Act 10 of 1923. as amended by section 1 of Act iS of 1950 and section 5 of Act 51 of 1955. Amendment of section iS of Act 16 of 1923, as amended by section 7 of Act 51 of 1955. shall be guilt v of an ofie.nee and liable on conviction to iinprisoniiient for a period not exaeeding ten years. Any person who while ill any aircraft which is I eiiig used for the convevanc.e for reward of passengers or cargo. 1 as in his possession any fire-arm or any Ianu-eroiis weapon as defined in section fen of the General La ~v Aiiiendnient Act. 1949 (Act No. 54 of 19-19), or any explosives-as dehned in section one of the. Explosives Act, i951 I Act No. 2(3 of 1950) , without. the pe.I~~ssion of the 1)1101 -in-'oniniamul or the owner or any person acting nn(ler the autholit\ of the owner of such aircraft, shall be guilty of an offence and liable. ~n conviction to a fine not exceeding eight hundred rand or to imj)riSoflmeflt for a period not excee(ling one year or to both such fine and inhl)risonment. 3 ) Any 1)ersoli who falsely alleges that any other person is about to commit an offence. in contravention of sub-section (1) or (2), shall be guilty of an offence. and liable on conviction to a flue, not exceeding foui' thousand rand or to iniprisonmnent for a perixl not exceeding five years or to 1)0th such fine anti imprisonment. 4 ) For the purposes of sub-section (1) personnel' in- iludes the pilot -in-command of and any other person as- signed to duty on an aircraft.". 14. Section ..i'~feeit of the principal Act. is hereby anlen(led by the ilelet ion in sub-section (1) of the words "or of t lie rules made tinder that ( ~onvent ion,". 15. (1) Section e?g/t teen of the principal Act. is hereby a me ii (led- " ) i.)y the (lele.t ion in sub-sect ion (1) of the words r clamat ion or": / ) i)V the substitution in sub-section ( 1) b/s for the word "pilot'' of tile word "pilot-in-command"; and c) by the substitution for sub-section (2) of tile following s1.il)-section (2) The provisions of this Act arid of the ( `onvent ion shall not apply to aircraft or aero- droiiies belonging to the l)epartment of Defense or for the I inie i)eing in use. exclusively by the ~ontii Afm'i'aui I)efemise Force, or to any person etiiploved on or in connection with such aircraft 01' ael'o(lromes. irrespective of whether such per- somi is so eniploved iii a military or civil capac- itv Provided that tile Minister, after consulta- ion with the Minister of Defense, may by no- t ice in I lie Gcf2cffc apply to any such aircraft, aero(lromnes 01' ~~1'6O1i any of the said provisions with or without iiiodiflcation.. (~ 1 Aii~ rocla ii at Ott ~sued nuder 6111)-Section (2) of sect ion ccíi, f e~ of 1 lie mi noipal Act prior to tile sub- PAGENO="1123" AIR LAWS A~D TREATIES OF THE WORLD 2525 stitutioii thereof by paragraph (e) of S1W-se(1 ion ( 1) of Ins section, shall remain in force until repealed I v a no- ice issued tinder t lie said stil -sect ion (~) ~is so su' )st it uted. 16. The following section is hereby substituted for see- t ion nini t~ii~ of t lie ri tlcipa 1 A It 19. (1) All expenditure incurred in the administration of this Act and t lie carrying out and giving effect to the provisions of the ( `onvent ion shall be defra ed out of moneys appropriated by Par] iainent for the ~ (~) All moneys received under tli is \ct or the (`onveii- tioti shall be pa i (1 into the (~oiisol i(lated Revenue Fund.". 17. Section ti"iity of the principal Act is hereby a itieuided- ~i) liv the insertion before the defiuiit ion of ``aero- ilronie of the following definition `arc dei it' in (1(1 tides any 01(11 ri'ence d ecl;i red by regulation to constitute an accident :" (~ ) by the sui )stit ution for the definit ions of "nero- cirome", "aircraft" and "Convention" of the follow- ing definitions `aerodrome' means a defined area on any land, water or building intended to he used either wliol IV ((1' u ~il1't for t lie arrival, departure or movemeiit of aircraft, and inclin les any 1)1111(1- ing. inst allittion or equipment wit hn any such a tea ~vh ahi is intended so to be ulse(i `aircraft' means any vehicle that ~an derive support in the atmosphere from the react ions of the air': `Convention' means the (`on vention on Tui- ternatiorial Civil Aviation drawn tip at Chica~o on the seventh day of December, 1 ~)44, and in - eludes any amendments thereof nid additions thereto ratified an (1 prod a i med iii a `cordance with the provisions of ptra~raph (~) of section (c) by the insertion after the. definition of "Con- ventlon of the following definition `flight path means the line of an ii rcraft `s pa ssage through the air;"; (d) by the ilisertion after the definition of "reg- ulation" of the following definitions `Republic' includes any territory iii respect of which Pai'liiiiietit is conij)eterIt to legislate: `south A fricari ii rcraft' nienris liii r"ra ft registered in the Republ h. : : and (e) by the substitution for the definitions of "Un- ion'' and ``IThion aircraft'' of the following defin - tions `Union' means the Republic: `TThion aircraft' means south African aircraft.". 18. The following sections are hereby inserted in the principal Act after se('tioll t/I'ent!,i: Substitution of section 19 of Act 16 of 1923. `Expenditure and revenue under this Act. Amendment of section 20 of Act 16 of 1923, as aniended by section 7 of Act 41 of 1946, section 3 of Act 42 of 1947 and section 8 of Act 51 of 1955. In~ection of sections 20bis and 20ter in Act 16 of 1923. PAGENO="1124" 2526 AIR LAWS AND TREATIES OF THE WORLD 2Ob'.~. Notwithstanding any legal provision to the con- and cernn~ i iaiv the state and its officers and eniployee.s a4~tmg in h~i~yees. he ~ei foimance of their duty shall not be liable for~ any loss or damage caused by the death of or ll~ UiV to any pei~01I while conveyed in any aircraft O\\ n-h, operated or clìartered by the State through its I)epa rtiiient of Transport or while entering or 111011111 itur or betn~r iii such aircraft for the jmipose of being -on ceve~ in it or while being in or alighting froni such aircraft af~ cc having been conveyed in it, if that person was not so eon veved or to be conveyed in the pertormance of his d~itv as an officer or em- l)loYee of the State: or (b) any loss of or damage to any goods conveyed in such aircraft otherwise than in the interests of the State. Act binding 2Otei. This Act shall bind the State.". on State. 19. This Act. shall be called the Aviation Amendment Act, 196~. and shall come into operation on a date to be fixed by the State President. by proclamation in the Gozefte, Act No. 74 of 1962. ACT To consolidate the laws enabling effect to be given to certain International Aviation Conventions and making provision for the control, regulation and encouragement of flying within the Republic of South Africa and for other matters incidental thereto 2 (Ehq/L~il tcrf .7he1 by the Stdte Pie~hdei~t.) J.~ife/ to ~ .Jitne 1t)6~.) Be it enacted by the State President, the. Senate and the house of Assembly of the Republic of South Africa, as follows :- Definitions. 1. In this Act, unless the. context otherwise indicates- i ) "accident includes any occurrence declared by regulation to constitute an accident.; (vi) ii) "aerodrome means a dlefhled area on any land or water or building intended to be used either wholly or ~ part for the arrival, departure or movement of aircraft, and includes any building, installation or equipment within any such area which is intended to be so used: (xiv) Act No. 74 of (iii) "aircraft" means any vehicle that. can derive - support in the atmosphere from the reactions of the air: (xiii) Publish~ in 1962 .S~tatutes of fl~e Republic of South Africa, Part II, p. 1293. PAGENO="1125" AIR LAWS AND TREATIES OF THE WORLD 2527 (iv) "Commission" means the National Transport Commission appointed in terms of sect mu f/i i'ee of the Transport. (Co-ordination) Act, 1948 (Act No.44 of 1948) (iii) (v) ~`Conve.ntion" means the Convention on In- ternational Civil Aviation drawn up at Chicago on the seveiitli day of December. 1944, and adopted by section one of the Aviation Amendment. Act, 1947 (Ac.t No. 42 of 1947), and set out in the First Sched- ule to this Act, and includes any amendments thereof and additions thereto ratified and proclaimed in ac- cordance with paragraph (b) of sub-section (1) of section three; (iv) (vi) "flight path" means the line of an aircraft's passage through the air: (xii) (vii) `Minister" means the Minister of Trans- Port: (v) (viii) "owner", in relation to an aircraft. or aero- drome.. means the person in whose name the. aircraft or aerodroine is registered, and includes any person who is or has been acting as agent in the Republic for a foreign owner, or any person by whom the aircraft or aerodrome is hired at the time; (i) (ix) "prescribed" means prescribed by or under this Act or any proclamation: (xv) (x) "proclamation means any pi'oclarnation is- sued un(ler this Act: (vii) (xi) "regulation" means any regulation made un- cler this Act (viii) (xiii) "Republic" includes any territory in respect of which Parliament is competent to legislate.: (ix) (xiii) "South African aircraft" means an aircraft registered in the Republic; (x) (xiv) "this Act" includes any regulations; (ii) (xv) "Transit Agreement" means the. Internation- al Air Services Transit tAgreement drawn up at Chi- cago on the seventh day of December, 1944, and adopted by section tiro of the Aviation Amendment Act, 1946 (Act No. 41 of 1946), and set out in the second Schedule to this Act, and includes any amend- mne.nt.s thereof and additions thereto ratified and pro- (laime(l in accordanc.e with paragraph (b) of sub- section (1) of section three. (xi) 2. (1) The. provisions of this Act and of the Conven- A~p~1i~ation tiomi and of the Transit Agreement. shall, except where expressly cxci uded under this Act or I )V regulation, apply to all aircraft whilst in or over any part of the Repul)ln or t lie territorial waters thereof and to all South African aircraft. amid personnel wheresoever they may be. ~?) For the 1)iirposes of sub-section (` 1) the pem~onnel of an aircraft shall he (leemned to inelu(le the pilot-ui-coin- inand or other person in charge of the a i vera ft. and all other muiembers of the crew of the aircraft. PAGENO="1126" 2527a AIR LAWS AND TREATIES OF THE WORLD A(t N. 74 of 1h1i2. Power to carry out ant apply the (`~nvortiu and the Transit Agreement. Functions of National `F ra port Cnimi'~sion in (( flhIf'ctiOtl with port silOs of this Act. Api 0 in tnt en alit flintils of Civil Aria- ti II A (I Vl'l) Fl (:01001 it tCC. :~) The provisions of this Act and of the Convention and of the Traiisit Agreement shall not apply to aircraft or aerodi'omes beloniiig to the I)epartment of Defense or for the time being in use exclusively by the South African T)efeiae ForCe, or to any persoii employed on or in ccnneci ion with ~nch aircraft or aerodromes. ir- recpective of whether such person is so employed in a military or civil capacity : Provided that the Minister, after consultation with the Minister of Defence, may by not ice in t lie (~,~ffe apply to any such aircraft, aei'o- clm'ome or l)ersoli any of the said provisiolls with or \V ithiout n iotlificiitioii. 3. (1) The State President may- `) issue such pioci amnat ions as appear to him ne°essa iv for a rrving out tlìe Convention or the Traii~it Agreenieiit and for giving effect thereto OI' to any of the provisions thereof: and (7k) do all things necessary to ratify or cause to 1 e rat i tied on 1 )ehialf of the Republic. any amend- lucius of. or additions to. the Convention or the Transit Agreement which may from time to time be niade ~lf1d. l(V procl~lmation in the G'~efte. declare that the amendments or additions so ratified shall be observed and have tlìe force and effect of law in the Republic. 2) Copies of any amendments or additions ratified and 1)i'o~'lllinied in ternis of paragraph (1) of sub- Section 1) shall lie laid upon the table of the Senate and of the House of Assembly within fourteen days after the 1)111(1 icat ion of the relative proclamatioii in the (~iistf~. if Parliament is in ordinary session or. if Parli- ament is not in ordinary session, within fourteen clays after the commencement of its next ensuing ordinary session. 4. 1) The Commission shall, subiect to the control and (Ii rect ion of the Mi inster, be reSponSil)le for the carrviiig 0111 of the pi'ovisions of this Act and of the (`on veil ti on a 11(1 of r he Tra n sit Agreement. 2 Every Iiei'snhI a1)pointed under this Act ol' ~on- `erned with the carrYing out of the provisions thereof, si-tall perform his functions and exercise an discretion expressly or impliedly vested in him, subject to the directions and approval of the Commission. :~) With the written consent of the Commisston any person in whom any discretion is vested as is contem- plated in subsection (2). may delegate the power to exei''ise such discretion on his behalf to any other speitied person. (I) The State President shall apl)Oint a 1)ody to be styled the Civil A vial ion Advisoi'y Commit tee (herein- iftem' referred to a-i the Committee). designate the ~lia rmnami 1 hereof, and make regulations for the conduct of the business of the Committee and other matters i'elating thereto. PAGENO="1127" AIR LAWS AND TREATIES OF THE WORLD 2527b (~) In appointing the members of the Committee, the State President may include one or more ~ in Gov- ernment Service, and shaU include such number of per- sons, nominated by public bodies or associations recog- nizeci by him as representative of the different civil aviation interests in the Republic. as will ensure that the interests represented by such bodies or associations are adequately represented on the Committee. (3) The members of the Committee shall be appointed for such periods of not less than two years as the State President may determine when making any such appoi ut- uncut, and on such conditions as to reniunerat ion and otherwise as may be determined by the Minister Iii con- suultation with the Minister of Finance. (4) The Committee shall act in an advisory capacity and advise the Minister as to- (a) regulations to be made under this Act (h) matters arising out of the application in the Republic of the Convention or the Transit Agree- ment or any other convention relating to aviation which applies or is to be applied in the Republic: (c) the encouragement and development of flying in the Republic; (d) the progress and development of civil avia- tion in the Republic and research into matters per- taining to civil aviation, and as to such other matters connected with or incidental to flying or aeronautics as may be referred to the Coin- mit tee by the. Minister. 5) The Committee shall, as soon as may be after the thirtieth day of November in each year. prepare and present to the Minister a report dealing with all matters within the sphere of its functions and activities. 6) The Minister shall lay every annual report re- ferreci to in sub-section (5) upon the table of the Senate am! of the house of Assembly within t\ventv-olie days after the receipt thereof, if Parliament is in oudiuiauv ses- sion or, if Parliament is not in ordiuiarv session, \vitliiut wenty-one days after the, commencement of its next cii- Sil hg ordinary session. 6. (1) The State President may out of moneys appro- Ls~abuith~ent printed by Parliament for the pluI1)O5e~ n;nce of aerodromes (a) establish and maintain aerodronies : by the State. (b) provide. and maintain roads and approaches thereto, and apparatus and eqni~)ment tluerefor (c) construct and maintain (ira ina~re works for the control and disposal of water which would other- wise. gather thereon : and (d) acquire land and interests in and rights to and over land for any puit~)ose contemplated in para- graph (a), (h) or (c). (~) The provisions of section .~cccnt~'-e5y1it of the Dc- feiice Act, 1951 (Act No. 44 of 1957), shall, if necessary, PAGENO="1128" 2528 AIR LAWS AND TREATIES OF THE WORLD Acquisition of land or rights in connection with licensed ae rod ro m es not belon~ing to the State. Access to land or structures for certain purposes. Establishment of aerodromes on undermined or certain other land. apph- in connection with the acquisition in terms of this section of any land and interests in and rights to and over hind, as if such land, interests or rights were re- quire(l for defence purposes. (~) The provisions of any law governing the granting of authority for the issue of ally licence for the carrying on of ln~ trade or occupation, for the carrying on of which a licence is required in terms of any regulation made under sub-paragraph (vi) of paragraph (e) of sub-section (1) of section te'enty-two. shall not apply to or in respect of any aerodrome established and main- ta med in terms of this section. 7. (1) The State President may out of moneys appro- priated by Parliament for the purpose~ (a) for the purpose of ensuring that. proper ef- fect may be given to the provisions of any regula- tion made under paragraph (nt) of sub-section (1) of section tu'enty-fa'o. acquire land and interests in and cights to and over land adjoining or adjacent to any aerodrome not belonging to the State, in respect of which a licence under the regulations has been or is to be issued; and (b) acquire land and interests in and rights to and over land for the purpose of the erection and maintenance of warning lights and other aids to safety in air navigation (including pipe lines or power lines or the like, whether underground or overhead, required in connection with such lights or other aids) which are deemed necessary in con- nection with any aerodrome not belonging to the state, in respect of which a licence under the regula- t ions has been or is to be issued. ~) The provisions of subsection (2) of section ~ix shall iii ittatLs~ lnu.ta.ndi9 apply in respect. of the acquisi- tion of land, interests or rights under sub-section (1) of tins section. 8. (1) Any person duly authorized thereto in writing by the Secretary for Transport may e.nter any land or structure, after notice to the. occupier thereof, for t.he puI~pose of carrying out thereon or therein any such ex- amination or survey as may be necessary to determine its suitability for any of the purposes mentioned in sec- tion e~r or .~even or of performing thereon or therein any other act w-hich he is authorized to perform thereon or therein by this Act. (2) Any person who hinders or obst.ructs any person in the exercise. of his powers or the performance of his (lilt ies under sub-section (1) shall be guilty of an offence. 9. Notwithstanding the provisions of section ten no aerodrome shall be established- (a) on any unclermmed ground or within a dis- tance of three hundred feet from any undermined ground or any open mine excavation unless, in the PAGENO="1129" AIR LAWS AND TREATIES OF THE WORLD 2529 opinion of the Government Mining Engineer, such aerodrome could be. used with safety: or b ) On flflV ground wi I i(lI ill t lie 01)111 011 id 1 he Minister of Mines may be require(l for purposes ot mining or prospecting for in iiierals, except- (i) in the. case of an aerodiome conteiiiplated in subsection (1) of section ~ after coii~ult a- tion with the Minister of Mine~ : or (ii) in the case of any other aerocltoitie, wit ii the approval of the said Minister. 10. Notwithstanding an thing contained in Chapter ~ IX of the Precious and Base Metals Act, 190s (Act No. lana ir land 3~ of 19O~, Transvaal), or any other law. the ~t ate Presi- ~ dent may use or permit the use of ground held tinder iiii 11- ing title, or of open proclaimed land, for the est aLl 151~ ment of aeroclrome.s or for landing places for aircraft, l)rovldedl such use is not, in the opinion of i lie (~Tover1iment Mining Engineer. li1~elv to interfere with lilining opera- tions or purposes incidental thereto. 11. (1) No action shall lie in respect of trespass or iii ~~and respect of nuisance, by reason only of the flu oht of a i ~ responsibility for damage. craft. over any property at a height, winch, having regard to wind, weather and all the circumstances of the case, is reasonable, or the. ordinary incidents of such flight, so long as the provisions of this Act and of the Convention and of the Transit. Agreement are duly conipl ied with. (2) Where material damage or loss is caused by an air- c.ra.ft in flight, taking off or landing. or Lv any person in any such aircraft, or Lv any article falling from any such aircraft, to any person or property on land or water, dam- ages may be recovered from the owner of the aircraft in respect of such damage or loss, without proof of negli- gence or intention or other cause of action as though such damage or loss had been caused by his willful act, neglect or default.. (3) The provisions of sub-sect ion (2) shall not apply where. the damage or loss was caused l)y or cOlltriI)Uted to by the negligence or wilful act of the person Lv whom it was suffered, (4) %Vhere any damages recovered front or paid Lv the owner of an aircraft unde.r this sect ion arose front damage or loss caused solely by the wrongful or negligent action or omission of any persolt other titan 1 lie owner or sonic person in his employment, the owner sh~uh I. ~ubj ect to the provisions of paragraph (b) of sub-section (n), be en- titled to recover from that person that amount of such damages. ~) (a) In any proceedings against the owner for the recovery of damages in terms of sub-set ion (2) such owner may. on itiaking such application to the court and on giving such security as to (o~ts as niav be prescril)ecl Lv rules of court. ioin al~ peison re~etred to in Sill)- section (4) as a defenclaiit. PAGENO="1130" 2530 AIR LAWS AND TREATIES OF THE WORLD (b) If such person is not so joined he shall not in any subs&iuent. proceedings taken against him by the owner be preduded from disputing the reasonableness of any damage.s recovere.d from or paid by the owner. (6) Where any aircraft has been bo'na fide leased or hired out. for a period exceeding fourteen days to any ot.Iie.r person by the owner thereof, and no pilot, com- mander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this sec- tion shall have effect as though for references to the owner, there were substituted references to t.he person to whom the aircraft has been so leased or hired out. Investigation 12. (1) In the event, of any accident arising out of or in of accidents, the course of air navigation and occurring in or over the Republic or the territorial waters thereof, or, in the case of South African aircraft, wheresoever t.hey may be, the Minister may appoint one or more persons as a board of inquiry, known as an accident inquiry board, to make an investigation into t.he cause of and responsibility for the accident and report to him thereon. (2) The accident inquiry board shall, if t.he accident occurred within the Republic, have power to summon and examine witnesses on oath a.nd to call for the production, and grant. inspection, of books, logs, certificates, licences and other documents. (3) The laws and rules governing the magistrates' courts of the Republic., shall mutatis nwtandis apply to procuring the attendance of witnesses, their examina- tion. the production of books and documents, and the like., and for that purpose t.he chairman of the accident inquiry board or, where the board consists of one person only, such person shall have power to sign such docu- ments as may be necessary for the purpose of the inquiry, in the same manner as the magistrate or the clerk of the court has power to do under the rules of the magistrates' courts. (4) Any process to be served in terms of sub-sections (2) and (3) for purposes of such an inquiry shadl be served by a member of the South African Police. (5) Nothing in this section contained shall be con- strued as affecting the powers or duties conferred or im- posed upon magistrates by t.he Inquests Act, 1959 (Act No. 58 of 1959). (6) Where an accident involving loss of life is en- quired into under this section by a board consisting of a magistrate only or by a board of which a magistrate is a member, the inquiry held under this Act may be a joint. inquiry of t.he boa.rd and inquest of the magistrate. Infringement 13.(1) (a) Where. it is alleged by any person inter- ` ested that a foreign aircraft (other than an aircraft to which section fourteen applies) making a passage through or over the Republic infring~ in itself or in any PAGENO="1131" AIR LAWS AND TREATIES OF THE WORLD 2531 part of it any invention, design or model which is en- titled to protection in the Republic. any provincial or local division of the Supreme Court having jurisdiction may (pending action to be brought) order the detention of such aircraft. until the owner thereof deposits or secures in respect of the alleged infringement a sum de- termined in accordance with the provisions of paragraph (a) of siTh-section (2) (hereinafter referred to as the deposited sum). (b) Upon such sum being so deposited or secured. the aircraft shall not, during the continuance or in the course of the passage, be subject to further detention in respect of the same cause of action. (2) (a) The deposited sum shall be such a sum as may be agreed between the partie.s interested, or shall, in de- fault of agreement, be fixed by the court, and payment thereof shall be made or secured to the applicant in such a nianner as the parties may agree or the court may direct. (h) In giving judgment. in the. action so to be brought by the claimant, the court. or t.he commissioner of patents, as the case may be, shall grant. an order as to the disposal of the deposited sum. (3) For the purposes of this section, the expression `~owner' nieans the actual owner of an aircraft., and in- chides any person claiming through or under him, and the cxpression "passage" includes all landings and stop- in the course or the purpose of a flight.. (1) Ary lawful entry into the Republic.. or any law- Exernpt~on f~. jansit inross t ~e Repmibhic. with 01 w!t~iont. landings, ~~nd m aircraft c~ which this section aI)phieS in terms of ES~e~~Oef u-section 3), shalt iiOt entail any seizure or detention on patent the aircraft, or any proceedings ~.ing brought against claims. owner or operator thereof, or any other interference tierewith. by or on behalf of any person in the Republic, ~n the ground that the construction, mechanism, parts, accessories or operation of t.he. aircraft, is or ale an in- fringement of any patent, design or model. 2) The. importation into, and storage. in. the Repub- lic of spare. parts and spare equipment for an aircraft to which this section applies in terms of sub-section ( 3) 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 such spare parts or spare equipment. or any ~)roceedings being brought. against, the owner or operator of the aircraft or the owner of such spare parts or ~pame equipment, or any other interference with the aircraft by or on behalf of any person in the Republic (Ii the ground that. such spare parts or spare equipment or their installation are or is an infringement of any patent, design or model Provided that tins SUl)-sectioll shaH not apply iii relation to any spare parts or spare equipment which are sold or distributed in the. Republic or are exported from the Republic for sale or distribu- tion. PAGENO="1132" 2532 AIR LAWS AXD TREATIES OF THE WORLD ;~ ) This section applies to an aircraft, other than an aircraft used in military, customs or police services, reg- istered in any country or territory in the. case of which there is for the time being in force a. declaration made by the State. President by proclamation in the Gazette, with a view to the fulfillment of the provisions of the Convention or of the Transit Agreement. to which this section m-elates, that the benefits of those provisions apply to that country or territory, and to such other aircraft as the State President may by proclamation specify. (4) The provisions of section thirteen shall not apply to or in relation to an aircraft. to which this sect.ion applies. Detention of 15. (1) (a) If the owner, pilot-in-command or person ~f~fa~U~ in clia rge of any aircra ft commits any offence under this toms officers Act from or in respect of that aircraft or if reasonable are detained. suspicion exists that such an offence has been committe.d or attempted or is about to be committed or attempted from or in respect of any aircraft by the owner, pilot-in- command or person in charge thereof, any member of the South African Police or any officer of the South African Defense Force may. pending the trial of the. charge, detain the aircraft in question. (b) If recoirnizances are entered into or security de.- posited to the satisfaction of the authority having power to demand and receive such recognizances or security, that authority may, if satisfied that the ends of justice will not thereby be prejudiced. order the release of the ~ii rcra ft from further detention. c ) Any pei~on who, knowing that any aircraft is bein~- cicta ine(l in terms of paragraph (a), removes or causes to be removed such aircraft. shall be guilty of an offence. (2) No customs officer authorized to grant clearance to any aircraft shall grant clearance to any airc.raft. while detained in terms of this section. Acts of vio- 16. (1) Any person who while any aircraft is in lence towards personnel of fli~ht- 1inf (a) by force or threat of force and without lawful fire-arms, reason seizes control or exercises control of such dangerous - weapons or alrcran : or explosives in (h) assaults or willfully interferes with any mem- false allega- her of the personnel of such aircraft. in the perform- tions in regard thereto. aiice of his duties. shall be. guilty of an offense and liable on conviction t.o imprisonment for a period not exceeding ten years. (2) Any person who while in any a.ircra~t. which is being used for the conveyance for reward of passe.nger~ or cargo. has in his possession any fire-arm or any dan- gerous weapon as defined in section ten of the General Law Amendment Act. 1949 (Act. No. 54 of 1949), or any explosives as (lefined in section oi~e of the Explosives Act, 1956 (Act No. 26 of 1956), without t.he permission of the PAGENO="1133" AIR LAWS AND TREATIES OF THE WORLD 2533 pilot-in-command or the. owner or any person acting under the authority of the owner of su('h aircraft, shall be guilty of an offence and liable on conviction to a fine not exceeding eight hundred cc nfl or to imprisonment for a per~ od not. exc~ding one year or to both such fine and such ~n tpnsor; alent. (3) Any person who falsely alleges that any other pe'1~on is about to commit an offence in contravention of sub-section (1) or (2). shall l)e guilty of an offence md liable on conviction to a. fine not exceeding four thousand rand or to imprisonment for a periodi not exceeding five years or to 1)0th such fine and such imprisonilient. (4) For the purposes of sub-section (1) "personneF' includes the pilot-in-command of, and any other person assigned to duty on, an aircraft. 17. (1) The Minister, or any person authorized thereto Requisitioning by the Minister, may at any time requisition aiiv civil `~j~ aircraft and call out any holder of a flhrht crew licence out of üiglit issued in terms of this~Ac.t. for air search and rescue operations, subject to the payment of compensation at such rate as univ be prescribed. (~) If any air search and rescue operations are under- taken by the State in connection with any occurrence caused by the negligent or other unlawful act or omission of any person, the Minister may recover froni such person the whole or any portion of the expenses incurred b the state in connection w-ith such operations. accor(ling as he may determine after consultation with time Minister of Finance. 3) Any person who without lawful reason refuses or fails to comply with any order or instruction made or given by virtue of the provisions of sub-section (1). shall be guilty of an offence. 18. Any offence under this Act and any offence Corn- Jurisdiction. mitted on a south African aircraft, shall, for Plirlioses in relation to jurisdiction of a court to try the offence, be deemed to have been committed iii any place where time accused happens to be: Provided that if an such offence is committed within the He.pul)lic. the offence ma be tried by any court having jurisdiction where the offence was comniittecl. 19. (1) Any person who contravenes the provisions Penalties. of, or coniin its an offence under, tins Act or time (`oliven - t 1011 or the Transit Agreement. 01 wi mo fails to comply with any such provision with which it is his duty to coin- ply, shall, except where another i)e11iltY is specially pro- vided, be liable on conviction to a fine mint exceeding four hundred rand or to imprisommnieiit for a period not ex- ceeding six months or to both such fine and such 1111 )Ii soil ment. ~) If a person referred to in sub-section (1) is the holder of a licence. certificate or rating issued undem this Act, time court convicting him niav, in a(ldit ion to any PAGENO="1134" 2534 AIR LAWS AND TREATIES OF THE WORLD penally which may be imposed under sub-section (1), cancel, suspend, for a specified period, or order the en- clorsement of, such licence, certificate or rating, or, if he is not the holder of any such licence, certificate or rating, declare him to be disqualified from holding any licence, certificate or rating unclei' this Act for such period as the court deems fit. (3) This section shall apply equally to the owner of an aircraft and to the pilot or person in charge thereof, un- less the owner (except in the case of an air carrier as de- fiuied in section one of the Air Services Act, 1949 (Act No. 51 of 1949)), proves to the satisfaction of the court that the contravention, offence or failure in question oc- curred without his order, permission or connivance. (4) The penalties provided in this Act shall be in ad- dition to and not in substitution for any penalties imposed under any customs law or regulation relating to the im- l)ortation or exportation of goods, and to persons enter- ing or leaving the Republic by aircraft. Ind~mn1fica- 20. Notwithstanding any legal provision to the con- ~r~e trary the State and it~ officers and employees acting in Stat1e the performance of their duty shall not be liable for- emp o~ees (a) any loss or damage caused by the death of or injury to any person while conveyed in any aircraft owned, operated or chartered by the State through its Department of Transport or while entering or mounting or being in such aircraft for the purpose of being conveyed in it or while being in or alighting from such aircraft after having been conveyed in it, if that person was so conveyed or to be conveyed otherwise than in the performance of his duty as an officer or employee of the State: or (U) any loss of or damage to any goods conveyed in such aircraft otherw-ise than in the interests of the the State. Expenditure 21. (1) All expenditure incurred in the administra- anyeme tion of this Act and the carrying out and giving effect to Act. the provisions of the Convention and the Transit Agree- ment shall be defrayed out of moneys appropriated by Parliament for the purpose. (2') All moneys received under this Act or the Conven- tion or the Transit Agreement shall be paid into the Con- solidated Revenue Fund. Regulations. 22. (1) The Mmister may make regulations relating to- a) the carrying out of, and giving effect to, the provisions of the Convention and the Transit Agree- ment; (b) the safety and security of persons and proper- ty and the prohibition of flying at such heights or in such manner as is deemed to be dangerous to life and l)rOl)eItY (a) the issue, by a person and in the circumstances prescribed, of an order directing- PAGENO="1135" AIR LAWS AND TREATIES OF THE WORLD 2535 (i) any aircraft intending to land at an aero- drorne to observe a specified flight path during holding, approach and landing; (ii) any aircraft intending to land at a par- ticular aerodrome not to land at such aerodrorne but to proceed to another aerodrome specified; and (iii) any aircraft to observe, upon take-off at an aerodrome, a specified climb-out flight path until the assigned flight altitude is attained: (d) (i) the licensing, inspection and regulation of aerodromes or other places set apart for the use of aircraft; (ii) the scales of charges at licensed aero- dromes or at aerodromes (w-hether licensed or not.) established and maintained in terms of the provisions of section six, and exemption from payment or variation as to the payment of such charges; (iii) the registers and records to be kept at aerodrornes referred to in sub-paragraph (ii), and the manner in which they shall be kept: (iv) the prohibition or the regulation of the use of unlicensed aerodromes; (v) access to aerodromes and places where aircraft have landed and access to aircraft fac- tories for the purpose of inspecting the work carried on therein; (e) the control and management of any aerodrome established and maintained in terms of the provisions of section six, including- (i) the prevention of damage to any runw-ay, taxiway or other works or property connected with such aerodrome; (ii) The prohibition or the regulation of vehicle or other traffic w-ithin such aerodrome, the parking of vehicles therein, the demarcation of places, and the imposition of fees, for such parking, the manner of payment of such fees, and the meaning of the word "park" for the purposes of this subparagraph: (iii) the control of air~i ~i ft on ~i~eh aerodrorne while such aircraft are n suHecr to the control of the air traffic control service operatmg at such aerodrome; (iv) the prevention of damage to aircraft. on such aerodrome and the protection of freight carried by such aircraft; (v) the removal of aircraft hulks and air- craft wreckage likely to obstruct any runway or taxiw-ay on such aerodrome, the imposition and recovery of charges for the right to leave an aircraft hulk or any aircraft wreckage on any PAGENO="1136" 2536 AIR LAWS A~P TREATIES OF THE WORLD such ae~odrome. and the saving of life in the case of di rcraft accidents vi the gra1itin~ of licences to handling, for- wardin~, passenger or freight ageiits or other persons trading, or carrying on any occupation, an such aerodronte. and the fees to be paid in respect of each licence vii ) the 1)roilibitiOn of smoking on such ierodroine or any part thereof: viii) the discretionary rights and po~vers which flay be exercised in relation to the admis- sion of the public to. or their exclusion from, such aero(lrome or any part thereof, the im- position of charges for such admission, exemp- non fio~ii 1)dvlflent or variation as to the pay- nietir of such charges, and the designation of the person who shall decide during which periods those charges shall be payable; ix ) the prohibition or the regulation of the admissioii of any animal or class of animal to such aerodiome 01 any part thereof x ) the prevention of the commission of any nuisance in or on such ~ierodrome and, generally, the prUmotion and ensuring of good sanitation, cleanliness and decency therein or thereon xi) the re~ulation of the handling and storin2 of goods at such aerodrome. the charges to be made for handling or storing of goods and for their care or cus1 ody. the terms and condi- tions upon which they shall be received, the dis- posal of unclaimed goods, and exemption from p:lylnent or variation as to the payment of such charges: (xii) the conditions under which and the times when dangerous or offensive classes of goods may be transported or handled at such aerodrome. the prohibition of the transport or handling of those classes of goods, and provision for or sanctioning of the removal or destruction of such goods: (xiii) the use of land forming J)art of such aerodrome for sites for the bulk storage of oil, liquid fuel and other inflammable substances, or for pipe lines, pow-er lines and the like, aiid whether such lines shall be overhead or under- ground (xiv ) the installation, maintenance and con- trol of automatic vending, weighing, novelty and similar machines on such aerocirome and the charges to he paid in respect of each such niaclune: 1') the 1 icenslng or (ertihcating of persons en- g~Ige(l ill lie construct ion, overhaul, maintenance, in- spect ion or supervision of aircraft: PAGENO="1137" AIR LAWS AND TREATIES OF THE WORLD 2537 (~j) the iriani~er and conditions of the issue and re- newal of any eerti ti(a.te 01' 1 a'~n~e required under this Act. 01' under the Convention or tiii Transit AR'I'ee- ment , inclu(lIllg tile examiliat ion and tests to be tin- dergone. and tile form, custody, production, cailcelia- non. suspension. endorsement and sui'iender of any such certificate or licence (li ) the. keeping and form of the register or South African aii'ci'aft () the (oliditions under \vhicil aircraft may pass into. witliiii 01' from tiR~ Tiepublic (}) the areas within which. 01' the aerodronles at which, a~rera It coming from any place outside the Republic siiall land, and the areas within which or the. aerodronies from which a ircru ft sh~ihi depa it to any pl~ice outside the. Republic (A') the exemj)tiOll from OIly of the provi si oils of this Act or of the Convention or the Transit Agree- ment. of aircraft flown for experimental piliposes. or 0111 other aircraft., or any i~ei'sons, where it ap- fleat's unnecessary that such provisions should aJ)- ply: (7) the fees to be paid ill respect of the grant of any certificate 01' licence 01' otiìerwise fOr 11w pii~'- poses of this Act or of the Coilvelitioll or tile `iransit Agreement i/l.) t.l ie prohibition or the regulatIon of the erec - ion 01' the coining into existence of any ol.)siruction e.xeee(linQ' a prescribed iiei~ilt ivitliiii a 1)res(l'ii)ed distance front any aei'odromes (it) tile regulation of the lighting or marking of any oi)strnctioll exceeding a prescribed height within a J)I'escIil ed (listan(e from OIIV aerodroflle (o) the 1)I'Oilii)ition 01' the reR'ulation of lights at 01' ill tile ileigllb( )1l1'llood of a iiv aerodrome (p) tile signals which may be made bx aircraft and 1)eI'soIls carried therein (~) tile pre\e11t1o11 01' the 1lli1li1fliZi1l~ of interfer- ence with the use or efiectiveness of i'ani() or elec- tronic apparatus use(l as aids to safety ill air naviga- tion ( r) ~iieasi~res for prevent i11~r an'c iaft fivimlg over 1)rohiluted areas 01' entering or leaving tile Repubi i iii contraveiit lOll of ai~y llrovisoil of this Act: (.~) tile pi'evemition of nuisamicesar ising out of aim mlavigat ion 01' lii i'craft fa(totits. aerod romes or other aircraft establishments. imicluding the 1)1'evemlt ion of nuisance due to noise or vibration originating from tile operation of nla('ilillerv in ~ii rcraft Ofl Or al.)ove aerodronles, wiletllel' by tile installat iOfl ill aircraft or on aeroliromlles of mileans for tile preventioml of such noise, or vibrat ion, or 01 iler\vise: (t) tile order ill winch aireraft may be requisi- tioned and tile holders of flight crew licences issued 39-737 0-65-vol. II-72 PAGENO="1138" 2538 AIR LAWS AND TREATIES OF THE WORLD in terms of this Act may be called out in terms of sul)-section (1) of section se~enteen. the carrying out of any air search and rescue operations, and the rate at which compensation is to be paid by the State in respect of any aircraft requisitioned and the cafling out of any person for the purpose of such opera- tions (ii) the persons by whom and to whom accidents shall be~ notified, and the procedure to be followed in notifying accidents and in holding accident in- qiiirie.s: (i') the. prohibition, pending investigation, of ac- cess to or interference with aircraft~ t.o which an ac- cident has occurred, and the authorizing of any per- son so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with any such aircraft.; (ii') the conferring of powers or the imposing of duties to- (i) cancel, suspend, endorse, or surrender any licence or certificate granted under this Act where it appears on an investigation that the licence or certificate ought to be cancelled, sus- 1)en(led, endorsed, or surrendered; (ii) produce any such licence or certificate for the purpose of being dealth with; (~r) the prohibition or the regulation, for the pur- pose of ensuring the safe operation of aircraft, of the use in aircraft or aero engines of parts, instru- ments, accessories or other materials which do not conform to prescribed specifications or standards of quality or manufacture; (~/) airworthiness requirements (including re- quirements as to design, performance, operation or maintenance) for aircraft or aircraft components or equipment, and the specifications for materials used in. and the standards and processes which shall be observed in, the construction of aircraft or air- craft components or equipment ; and generally, for the better carrying out of the objects and l)l1I'poses of this Act, the generality of this provision not being limited by the particular matters provided in time pre(e(lin~ ~)aragraphs of this sub-section. (~) (i) I)i fle.rent regulations may be made under para- graph (e) of sub-section (1) in respect of different aero- dronies established and maintained under the provisions of section ~ Ii Aiiv requirements, specifications, standards or pin ~ pie~ribecl under paragraph (y) of subsection (1) may differ in respect of different classes of aircraft or different types or models of the same class of air- craft or time same type or model of aircraft when used PAGENO="1139" AIR LAWS AND TREATIES OF THE WORLD 2539 in different categories of operation, or in respect of different classes or types of aircraft components or equipment. (3) No fees, rates of compensation or charges or. where applicable, exemption from payment or variation as to the payment of such fees or charges. shall be p1e~r1l~e~i or provided for under sub-section (1) except after con- sultation with the Minister of Finance. (4) Any regulation niade under tins Act may prescribe penalties for the contravention thereof or failure to corn- ply therewith and the mode of enfoicimig such penalties. and may also impose different penalties in case of a second or subsequent contravention or non-compliance, but no such penalty shall exceed the penalties mentioned in section nh~eteen. 23. This Act shall bind the State. *24. (1) Subject to the provisions of sub-sections (~) Repeal of laws and savings. and (3) the laws specified in the Third Schedule are hereby repealed. (2) Anything done or deemed to have been done in terms or by virtue of any provision of a law repealed by sub-section (1), shall be deemed to have been done in terms or by virtue of the corresponding provision of this Act. (3) Any proclamation or regulation which at the commencement of this Act is in force in terms of a pro- vision of a law repealed by sub-section (1). shall remain in force until repealed in terms of this Act or any other law. 25. This Act shall be called the Aviation Act, 1962, Short title and shall come into operation on a date lo he fixed by the ~ State President by proclamation in the Ga.rctt. [Schedules omitted.] PAGENO="1140" PAGENO="1141" (~ OF SOVIET SOCIALIST REPUBLICS PrmLIMIxAiii The first ~ .vi~ rillat ions coinerning clvii IV .~t ion ~veie enacted on January 1 1~ and iit~n' tp~)1ell:eitted `y several nlliei `regula- t lo1n~ In 1' 1 ii ~ e~ u i `l~ ( a~le The ( od of i~) i ~ ~ ) 1 iui~ foi ut I I w `is sll1)elsedecl 1 i *, I)eenier ~2(. 19(i1 e~feci ye .1 anuary 1, l9(~. In 19:14 tile Soviet ~ ono raui~jed the Warsaiv (oiicention for the Initicatioii oi~ (`et'ta in II ~ Relating to international Carriage By Air. Tl~e soviet Un ion i 1~. signed the II agile Protocol of Se.ptem- her ~, 1955 aniendin~r the Wir~'tw Convent ion, but has not yet ratified the Protocol. In addition, I ho' ~oviet 1~nion has concluded several bilateral treaties on air I ranspet at ion. Although a member of the I nii d N ituoi the ~ou ie~ ITh nol i n embei ot the Intern i,tional Civil Aviation ()rganizat ion and the International Air Transport. Association, 1)0th of which operine under the auspiees of the Lnited Nations. In accordance with the provisions o~ Article (1 of the Soviet Union's Constitution "wate.r and air transport ... are state property, that is, belong to the whole people. Thus, air transport is in the. same posi- tioli as industry, railways. etc. This is a general priin'iple of the. Soviet. eeoiiomy. The rules concerning aircraft afl(l its opcl';1l jon. herefore, 1i tIer to a great extent from those adopted in other coin tries. The main agency entrusted with the management of State owned aircraft, airports and airdromes is the Main Administration for Civil Aviation attached to the Council of Ministers of the U.S.S.R.' Other cooperative and public organization may own or operate aircraft, air- dromes anti other ground facilities necessary for carrying out of their tasks on'v with the permission of the Council of Ministers of the U.S.S.R. The Main administration for Civil Aviation is empowered to issue rules, ~iireetives and instructions for all government, coopera- tive and publie organizations concerning the operation of airdromes. flights. carriage of pa~sengers. cargo anti mail by air. The general rules on navigation and operation of aircraft established in the Air (`ode appiv to international flights with some additions speitiel in Chapter IV of the Air Code. Special ruie.s are to be establisheu for flights in restricted border areas and for the crossing of national frontiers I Art. 57) . as well as for transportation of explo- SiVP~, :JrfllS, inin~tjons, poisonous and flammable substances, radioac- n'." aid ajien' danoeroi~s iiiaterals. radio, motion picture and ~1ii±±~i:l,~± 0' I1Iljflflh1~flt `and ~inoculars Art. 96) 0 July 27. 1964. by the Deere. 0' the Pre~i'aium of ih~ Supreme Soviet of the U.S.S.R., the ..il-Ui.lon Mini.'~ry of C;:il A~ itiun was estat,lohed `on tie basis of the Main Aclmln- istra I ,ou or Civil Avit non Rt'ilc Cii a tb ` neil if Miii ~rer~ f the U.S.S.R.'' On Al1,'sr 2F~ 19014. the former Chief o~ the Mai~ ~~clministratioii of Civil Aviation, Evgenhi Fel. oh LIL'nov. wa~ appointel )f~nietr ``bore isi information about the relative stat-. of the Mini0'ry of Civil Avietin; aol the Main .-~clministration for Civil Aviation. 2541 PAGENO="1142" 2542 AIR LAWS AND TREATIES OF THE WORLD TI'lie Air Co(Ie of 19U;1 does not provide any criterion for the solution of the problem how far up state. sovereignty extends over the air space. Tlic ( ode reproduces. with some changes. the old formula that the So- V ci Iiii on has exclusive sovereignty over the territory and territorial waters of the ~ After the launching of the first sputniks, ~c)viet legal writers such as Kovalev and (`heprov have expressed the 1:in ion that extension of sovereignty to in Hnity contradicts common sense. A great majority of Soviet authors (e.g. Korovin. Osnitskaia, Zhinkov. hovalev. and Cheprov) agree that outer space is free from socereigntv of any ~t;ite : however. they disagree on the criterion for i lie establishment of tile limits of sovereignty. Among the more recent efforts to est al )l sli such a limit, should be melt ioiied that of Zado- rozlinvi who, in an article included in the book "Cosmos and the Inter- ilitiOuilil Law. plIl)lished h)v the Commission on Legal Questions of Tnterplanetarv Space. attached to the Academy of Sciences of the in 19(~. expressed the opinion that the limits of sovereignty over the air space extend to the pei'igv of an orbit where the space ve- hicle does not encounter air resistance which would force it to descend to earth, and that beyond these limits i)egins outer space, free from tile soverei~nitv of any state. The most important innovations of the new Code are. the provisions relating to liability for damages. The. problem of liability is of parti- cular importance because the Air Code. of 1961 introduced the. new rules. enumerated in the new Basic Principles of Civil Law, enacted in Deceniber S. 10t~1 and effective May 1, 19ft2. The Basic Principles of Civil Law, like the Civil Code of the ~ contain rriles on general liabihiiv and on liability for par- iciliar hazards. `[lie old mules of tlìe Civil Code on general liability were not pre ise a i J. therefore. were subject to various interpretations. At f~r~t. it ws o~med our that l~ahil~tv was based upon causation: ater this concept was abamldune(t, and finally, the Soviet. co~rts and I writers a rrive~1 at rime conclusion that liability for damages is con- (l1t1~nedi mmpon fault. This SOhlitlOli was adopted in the new Basic Prin- ciples of (`ivil Law. The pertinent articles read as follows: `Article 37. Ftc/f i.~ q (ora/,t?or( of 7~'ubi7ifq for breach of oh//ga- f/ant. ~ ~ who does not perform his obligation or performs it in an improper wa, shall be liable ( Aricle 36 of the present Basic Princ.i- j~Je) only ill case of fault (intent or negligence) unless it. is otherwise established in law or in an agreement.. The absence of fault. shall be proved by a person who breaches his oi)ligation. ~~Jf non-performance or improper performance was caused by the fault of both parties. a court, government arbitration board, or arbi- tration court shall reduce the liability of the debtor accordingly." "Article 90. Ltib7fy foe hm~cry nflicte~1 by t/i~ $ouree of inerea~ed /iarai'd. "Organizations and citizens whose. activities involve hazard to per- sons coming into contact with them (transportation organizations, industrial or construction enterl)rise.s, owners of cars. etc.) shall be liable for injury caused by the source of increased hazard unless t.hey prove that the inju~ was the resnlt. of force mu jeure or of intent of the injured person." PAGENO="1143" AIR LAWS AND TREATIES OF THE WORLD 2543 These general rules apply in all cases where. the. Air Code. does not. establish special rules. The Air Code of 1961 contains special rules on liability for bodily injuries to passengers, and on damages t.o cargo, luggage and mail in domestic. and international transportation. As to domestic transportation, in accordance with time laws of USSR the carrier is liable for death. mutilation or other bodily in- jury of a passenger caused at take-off, landing or (luring flight., or at embarking and disembarking of a passenger, unless he proves that the injury oc.curred as result of intent of the injured person. If the same injuries were caused as result of force nut) enre the carrier is liable to the usua.l extent, unless he proves that. the intent or gross negligence of the injured person has contributed to the injury or aggravated it.. The Code of 1961, as compared with the. Code of 1935, has e.xtended the. liability of the carrier, because among the. circumstances excluding his liability in general, the Code mentions only "intent, of the injured per- son", and omits gross negligence, as was provided in Art.. 76 of t.he old Code. In addition to intent., gross negligence may be taken into ac- count only in the case of force majeure. In that case, if the carrier can prove that intent, or gross negligence, of the injured person contributed to the injury, the amount of compensation will be. reduced or compen- sat.ion may eve.n be refused. The old Code did not, make a distinction between causes of an injury. The problem of damage t.o cargo, luggage or mail is solved in t.he Code in a different way. The carrier is liable for the safety of cargo, luggage and mail from the time of receipt to that of delivery. He may be relieved from liability, if he proves that loss, spoilage, or damage occurred because of circumstances beyond his control and especially because of ti'e fault of the. shipper or consignee, inherent characteristics of the goods transported, deficiencies in boxing or packaging, or failure to indicate in the shi~)ping document the need for special care. However, if personal effects were not delivered, the. carrier is respon- sible only when the claimant proves that the loss, spoilage or damage t.o such effects was due to the. fault of the carrier. In addition, the carrier is relieved from liability for loss, decrease. in weight, spoilage or damage to c.argo accepted for carriage, when it is due to acts of the shipper or consignee connected with loading or unloading the cargo, failure to take necessary measures for safekeeping of t lie cargo by the shipper or consignee, or because of natural decrease ill weight of the cargo during its transportation. In such cases the burden of proof is on the claimant. The same applies when the cargo arrives in good condition with the seal of shipper intact. The Air Code of 1961 has established a limitation of liability of a carrier, in case. of loss of cargo or luggage. to the amount of the. de.- cla.re.(l value, or to the actual cost, if the (airier l)~~\~~5 that the declared val mie exceeds the actual cost for loss of (argo without de~lared value, to the amount of time actual cost : for loss of luggage 111(1 personal effects, to the amount of the. decrease. in value. Time ( `ode does not establish any limitation for bo(lilv injuries of a passenger. The old Code (11(1 not contain any provisions on the liability of a carrier in ease of delay. This gap has 1 (ecu filled tin I t lie following fines were estal)lished : the carrier shall pay a fume of S per cent for PAGENO="1144" 2544 AIR LAWS AND TREATIES OF THE WORLD each ~4 hours of delay in delivery, but. the fine may not. exceed 50 per cent of the cost of the air carriage. He. is released from liability if the delay was (Tue to adverse weather coiiclitions OF other causes beyond Ins control. I Ioweve.r. if the cargo was not delivered within ten days from the (lay s lieduled for delivery, the shipper or consignee has the right to denlan(l in(lenmitv for the loss of the cargo. Tue carrier's liability for loss, (lalnage or late delivery of mail due to the fault of the carrier is limited to the aniount. of liability of the coluluuliicatiolis ant iloritles to the shipper. Xiiv agreement between all air carrier and passengers, shippers or onsignees for avoaliiig the liability provided for in tIle Code is void. Passengers, shippers and (onsignees of cargo are liable for damage caused 1 ~y their fault to the prol)erl v of au air carrier or to property of other pei'sons for wlii(.li tile carrier is lilll)le. The Air Code of 19G1 has completely reversed the rights of the shipper and the consigilee concerning the disposal of cargo during he carriage. TThder the 01(1 (`ode, tile right to dispose of the c.argo after delivery belonged to the consignee. This was in full conformity whit the Rules on ~uupplv of Prisluct ion of Industrial and Technical Materials. approved by the ( ~ouncil of Ministers on May ~2, 1959, according to which the day of deliver for transportation as evidenced by the stami) on t he transport docuinient is considered the clay of per- forniance. According to Article 9~ of the Air Code of 1961, the shipper has tile righit to tile return freight delivered for shipment but not forwarded, to (Lange tile consignee and to dispose of tile cargo in case the consignee refuses to accept it or it is impossible to deliver the cargo to hi~i. There seems to be a contradiction between these new provisions on tile rights of tile shipper aini the provisions established in the last paragraph of the same article, namely, that. in case of inter- flhl)tiOll of air conuuiunicat ion tue carrier shall inform the shipper and tile consi~nee and shall ask instructions from them. It is not clear whose instructions will be binding to the carrier in the case of con- flict ing instruct ions. The Air Code of 1935 did not contain any special rules on liabilit for international carriage, of passengers, ca.rgo, luggage and mai The corresponding i~i'ovisioi~s on internal transportation were applied in regard to the countries with which the Soviet. Union did not have spe~i~il agreements. or which were not parties to the Warsaw Conven- tion. The Air (`ode of 19(31 again has filled this gap by establishing rules of lial)ii ity identical with those of the Warsaw Convention. According to Article 1~9, the carrier is relieved from liability when he has taken all necessa rv measures to a voi dl damages or when it. was impossible to take such measures. Thus, if the carrier has exercised due care, he has committed no fault, an(l therefore he ilas not failed in the obli~ation i°~~ upon him by the contract. As in tue Warsaw Convention, the Air Code of 1961 bases the liability of the carrier for international carriage upon f~i nit and, therefore, it is nmch more 1 imited than the hal (ii ity imposed for domestic carriage of passengers, cargo and luggage. Also, tue amount due for damages and bodily m]urie.s is 1 un ited to the extent estaiilishecl by the W~arsaw Convention ~r by special anreements, if any. PAGENO="1145" AIR LAWS AND TREATIES OF THE WORLD 2545 AIR CODE1 CHAPTER I. GENERAL PRINCIPLES Artielel. The complete and exclusive soverelgnty over the airspace of the U.S.S.R. shall belong to the US.S.R. Airspace. of the U.S.S.R. shall be deemed to be the airspace above the land and water territory of the U.S.S.R. including the Space above the territorial waters as determined b the laws of the U.S.S.R. and by international treaties concluded by the U~S.S.R. Article 2. The Air Code shall determine the activities of the civil aviation and civil aeronautics in order to pI~otect state interests, t.o secure the safety of air flight and to meet the needs of the national economy of the U.S.S.R. and that of its citizens. Article 3. The Air Code. of the. U.S.S.R. shall apply to: 1) all categories of civil aviation and civil aeronautics within the boundaries of the U.S.S.R., with the exception of aviation and aeronautics of the aviation industry intended for design test- ing, experimental and research work, aircraft of the aviation industry undergoing tests, and aviation of the AU-Union Volun- tary Society for the Protection of the Army, the Air Force and the Navy; 2) all civil aircraft entered in die Government Register for Civil Aircraft of the U.S.S.R. ( Article 10'), during the time when they are beyond the boundaries of the U.S.S.R., unless the country they are. stationed in pro\'i(l~ otherwise. Article 4. Civil aviation and aeronautics in the U.S.S.R. shall serve the. following purposes 1) carriage of J)assengers. luggage. cargo, and mail 2) performing special work in parti(ular l)ranehes of the na- tional economy (using aviation in agriculture.. protect ion of for- ests. air photography, etc.) 3) rendering medical or other aid to the population and carry- ing out sanitary measures: 4) performing tests, experimental, and scientific research work; 5) training, cultural, [public] instruction and sl)orts purposes. Article 5. The main agency to whose jurisdiction civil aircraft owned by the State as well as airports. airdromes and ground fa- cilities are subject. shall be the Main Adniinistration for Civil Aviation attached to the. Council of Minist ems of the I .S.S.H.~ Other government organizations n~av have jurisdict inn over, and cooperative imcl public, organizations [ma have] ownership of civil air(raft, ground facilities neeessamv for carrying out of their tasks and operate airdromes, only with permi~iom1 of the Council of Minis- ters of the U.S.S.R. Irt;ele C. The Main Administration for Civil Aviation attached t.o the. Council of Ministers of the U.S.S.R.. in ac(oid1Ince wit hi this Air Co.le and the basic flight rules in the airspace of the U.S.S.R. Article G9) , shall issue rules, di re(t ives and instruct ions mandatory for all governmentS cooperative and public orgail i zati ins concerning operation of airdromes and airports, flight of civil aircraft, carriage. 1 In effect as of January 1, 1962. Pub. in Vedomosti (U.S.S.R. Law Gazette) No. ~2. Dec. 29, 1961. item No. ~S. 2 See note 1, Preliminary Note, supra. PAGENO="1146" 2546 AIR LAWS A~D TREATIES OF THE WORLD of p;w~sengers. luggage. (argo and mail including international flights and carriage, and other rules. (lilectives, and instructions on problems 1~s1~r1led to its jurisdiction. A ,/,*/ ~. The Main Adniinistration for Civil Aviation attached to the (~uncil t~f Ministers of the U.s.S.R. shall inspect, all civil aviation ii d (1 ~ii aeronautics, regardless of tile jurisdiction to which they are slil)]ect. - .1 it~i1~ ~. File civil air fleet of the ~ ("AEROFLOT") shall Iii \0 1 ii a i h)riII flag and 01111)1 em in accor(lance. with the description ii the appendix hereto. International flights of aircraft, entered in the Government Regis- ter for Civil Aircraft of the U.S.S.R., shall be made under the flag of the Union of Soviet Soeia list Republics. CHAPTER II. AIRCRAVr A it~7e 9. All flying devices (both lighter and heavier than air), with the exception of flying devices of the Armed Forces, shall be con- sidere(l civil aircraft. A cf;c7e 10. Aircraft (according to an established list) under the ur~ sdiction of government enterprises. organiza.tions and institutions, as well as those owned by cooperative and pui)hic organizations must. be cut ereci in the Government Register for Civil Aircraft of the ~ Upon entering of the aircraft in the register, a. certificate of registra- tion shall be issued. The Main Administration for Civil Aviation attached to the Coun- 1 of Ministers of the U.S.S.R. shall keep the Government Register for Civilian Aircraft of the U.S.S.R. an(l establish a list of aircraft s'il~ect to registration. .1 it;~7~ 11. When an aircraft is entered into the Government Regis- tot' for Civil Aircraft of the U.S.S.R.. no previous recordation con- cerning such aircraft in the register of aircraft of foreign countries may be recognized by the U.S.S.R. Further, the U.S.S.R. shall not recognize registration of a U.S.S.R. aircraft in the aircraft register of a forei~n country, unless the regis- tration of such aircraft has been cancelled in the. Government. Register for Civil Aircraft of the U.S.S.R. in accordance with the established procedure. A ~t;~7~ 12. An aircraft entered in the Government Register for Civil Aircraft of the U.S.S.R.. may he cancelled in the register in follow- in~ cases: I withdrawal of an aircraft from operation: I destruct i on of an a i rcra ft: :31 loss of an aircraft, when the search has been discontinued (Article ~7): 4) sale or tran~fer of an aircraft ill an established manner to a forei~n state. foieiQil legal entity or foreign citizen. A ~ 1-h Upon the entry of an aircraft in the Government. Regis- ter for Civil Aircraft of the U.S.S.R.. it shall be assigned an identify- in ~ registration mark winch shall be marked on the air- (ral~ PAGENO="1147" AIR LAWS AND TREATIES OF THE WORLD 2547 Aircraft asshliie(l to medical and sanitary service. -mill also bear the sign of the Red (`ross or the Red Crescent. Such aii'iift must l)e painted white. Identification iiiarks of civil aircraft md the rules on marking theni shall he estab1i~hied by the Maui Adtiiiiii~-t rat ion of ( i ~ 1 Avia ion attached to the (`ouiicil of Ministers of thu ~ In ad(l ition to the i(lellt i 1-hat I( in ma ik. a dist I net i ye tia me iiiav be assigned to an ai rciaft iii accordance wit Ii the )ro(e(huie est aid ished by the Main Administration for Civil Aviation attached to the Council of Ministers of the I~.S.S.R. : it shall he entered iii the ie2ister anti appear on the iii rcraft. J if ide 14. Au aircraft may be (lea re(l for operation only after it. has been established that it meets the reqimi tenient s for flight safety. In accordance with this requireuiieu it 1) an aircraft of a new type shall be approved for operation only after undergoing government and operational tests 2) an aircraft of an approved type shall l)e approved for oper- at ion after undergoing factor tests 3) Tn case of modification iii aircraft construction, as well as after repair. or lapse of the established term for operation, air- craft shall undergo a new test ~1c(ordiuig to the established pro- cedure. On the basis of such tests a certificate of airworthiness shall be issued to the aircraft. The procedure for the issuance of airwort liiness certificates as well is pe~iod~~~l tests of all aircraft (Teared for operation shall be estal)- 1 ishied by the Main Adniinist ration for Civil Aviation attached to the Council of Ministers of the U.S.S.R. - I itiele J;* The following (lo(unient shall l)e ca ruiN1 al)oa rd an aircraft: 1) the certificate of registration of the tii rcraft 2) the certificate of airworthiness of t lie aircraft: 3) the flight log: 4) the ~ei1i~it for Operation of a radio stat ion: 5) othe raii(raft documei its. pIesrih mcd iw the Mai ii Adniin- istration for Civil Aviation attached to the Council of Ministers of the F.S.S.R. The perullir fur operation of a radio ~tai jolt niav he imithieiittcated in time certificate of registration of the aircraft. A t;~7~ IC. T each aircraft provi(1ta~ wit Ii a ru(iiost ation shall be assigned. in t lie established p1o(lmile. a 5l)N ial radio call signal by the Maui Aduniuiistratioui for Civil Aviat ion at t iclied to the Council of Ministers of the T.S.S.R. - 1 ,f;efe 17. Every kind of rest 1ict mu of the ri gut to misc at rcra ft en- tered in the Goveriiinent Re~ister for (`lvi I A irclmi ft of the U.S.S.R.. such as the assignnient to a cert~ilii service. telupoiiliy or pernmauient grounding. 01 other restrict ions due t special cilcluiNtiiiies. ~hiall he allowed with the j)elultiSsion of time Council of Miristeis of tile I .S.S.R. Cii ~virn III. Fi.ici IT ( RLW A ,t-;e7e 18. The flight personnel shall consist of the commanding officer, other l)eIsouts of flight and dispatch. and service personnel. PAGENO="1148" 2548 AIR LAWS AND TREATIES OF THE WORLD Tue composition of the crew- of an aircraft shall be established by the Main Administration for Civil Aviation attached to the Council of Ministers of the F.~.S.R.. depending on the type, category and l)1111)oSe of the aircraft. The aircraft ciew shall undergo special tram- ing for the flight of ilie particular type of aircraft. Flights of an aircraft with an incomplete crew shall he forbidden. A it ~7e 19. The meiiibers of the crew of an aircraft entered into the Government Register for Civil Aviation of the F.S.S.R. may consist only of the Soviet citizens. Exceptions from this rule may be made according to the procedure established iv the Council of Ministers of the F.S.S.R. Jit,r-7c 2~. Members of the aircraft crew shall have special training, according to their posit ion, and shall have knowledge of the Air Code of the T.S.S.R.. basic flight rules in the airspace of the F.S.~.R. and other rules, directives and instructions pertaining to their work. To the members of the flight and dispatch personnel, according to their sI)ecialitv, degree of I ia ining and work experience, a category shall be assigned and a cuiespoiiding certificate shall be issued for one year. Personnel of the flight dispatch crew in fulfillment of their functions shall be in possession of the above mentioned certificate and shall present it to authorized Pel~ons at their request. The procedure of assi~nment to categories and the issuance of cer- ti hcates shall be estahl islied Lv the Main Administration for Civil Aviation attached to the Council of Ministers of the F.S.S.R. Ait~7e 2J* Personnel of the aircraft crew shall meet the health requirement established Lv the Main Administration for Civil Avia- tion attached to the Council of Ministers of the TT.S.S.R. Physical fitness for flight shall be established by air flight medical commissions of experts. _l /t;~-7e 22. Tue commanding officer of an aircraft may be only a lI~Oll who is a licensed pilot (aviator), who has training and experi- ence necessary for independent piloting of the particular type of air- craft. The commanding officer of an aircraft shall direct the activities of the crew-, en sure st ion g disci1 d iie and order on the aircraft, and observ- ance of rules ~f navi~-atic)1l and operation of the aircraft, and he also shall take all necessary measures for the safety of persons on hoard of the aircraft, of i he aircraft md of property. A i'tic-lc 22. Tue ~)iloting of an aircraft designated for carriage of passengers, shall be permitted only to pilots whose qualifications meet the requirements l)Iescribed Lv tIme Maui Administration for Civil Aviation attached to the Council of Ministers of the F.S.S.R. _l it~'r7c 24. All persons on board an aircraft, without exception, shall obey the orders of the coimimanding officer of the aircraft. The (Oninianding officer of an aircraft in flight shall have the might to use all necessary niea sin-es against pci-sons who by their acts cause a threat to the safety of the flight or who disobey his orders. Fpon the arrival of the a ir(1-att it the nearest airport, the persons who by their acts (~Ilr~ed a threat to the safety of the flight or who disobeyed orders ~f t he (ninmalid ing offeei. niav lie removed from the aircraft and they shall be transferred to the proper authorities if they committed an offence. PAGENO="1149" Alit LAWS AND TREATIES OF THE WORLD 2549 /t;(~7e P2.. I t an nile taft in tliLrht is endain~eted 0 l~lna11eritft siitlerecl distress, the coninianding oflicer of the aircra ft shall take all necessary measu ies for the I)lese1\~1t ion of life and licalt hi of persolls, of the a irera It and of property oii board. The commanding officer shall have the right to jettison any luggage, cargo, or mail, if it is necessary for the safety of the l)iIS- sengers and the crew, for the preser\ation of the aircraft and for ensuring safety during continuation of the flight and during landing. All crew members, and, in case of necessity passengers as well shall participate in the rescue of an aircraft and persons. In order to preserve, an aircraft in (listre.ss an(l propei'ty on board, the commanding officer shall have the right, in the name of the organization under whose jurisdiction the aircraft operates, to enter into an agreement for the transportation of the aircraft, cargo, lug- gage, and mail and to take other measures appropriate under the circumstances. In case of distress, no crew- member shall leave the aircraft withìout the permission of the commanding officer. The commanding officer shall leave the aircraft last. Aitlcle 26. Any commanding officer of an aircraft, who intercepts a call from another aircraft or sea going or river vessel, or who finds an aircraft or sea going or river vessel in distress. shall provide assist- ance to the extent which would not subject the aircraft entruste(l to him and the passengers and crew to danger: he shall mark on the map the place of distress and inform the service of traffic control of such distress. CHAFFER I'\. AIRDROMES AND AIRPORTS Aiticle 27. For the servicing of aircrafts for making flights for carriage of passengers, luggage, cargo and mail, as well as for other p~irposes (Article 4'~ airdromes and airports shall be organized. A ~ 28. An airdrome shall he a tract of land or water, espe- cially equipped for the take-off, landing, parking and servicing of aircraft. Airdromes shall meet safety requirements for the take-off, landing, parking and flights of aircraft over the airdrome. Approach areas to airdromes shall assure safety of flu ht within the airdrome area, gaining of altitude at take-oft and of descending for handing. A `rf ic/c ~,9. Civil airdromes, with the exception of airdromes designated for test flights, shall he Ol)~fl to all aircraft entered in the Government Register for Civil Aircraft of the ~ A itic7c .jO. All civil airdromes, with the exception of temporary airdromes, shall be entered in the Govern mnent Register for Civil Air- craft of the [T.~.S.R., and its administration shall be entrusted to the Main Administration for Civil Aviation attache(l to the Council of Ministers of the u.S.S.R. ~pon registration of an airdrome in the register. a certificate of registration shall be issued. A i'ficle 3]. An airdrome. may be approved for operation only after it has been established that safety requirements for air flight are met. PAGENO="1150" 255U AIR LAWS AND TREATIES OF THE WORLD I it a((OFda nec wit Ii t hese reqllirelilents: 1 ) a newly 1~i i It a irdroine -lìall he appioveil liv a ~pe(1a1 corn- Iii ~5iOfl. appoint cii iii Ic orda nec wit Ii the pro(e(lu ye est all ished by the (oiiii(il iifMinisteisoftlie 1.S.*R.: ~) iii t lie `a~e of reoii~t ruittoit ol tn airdrome, (Ilanges of its iitnwavs and equipment \vhi cli may affect the safety of flight, as tvel 1 a~ after x~ 1 ia! ion of t lie term for operation, the airdrome ~liall a~;iiii Iii Iipro\-e1 iiv the C011111115510fl ~lppOiiite(l ill accord- 1 11 e \V t li I lie in `eitt ye iris ribed liv I he Ma in Acini inistration I~r (`iv 1 Aviation at talied to the (ouniil of i\Iinisters of the \ fur ~i1('li lpf)iO\al (ii iii air(irome. the COiIIflhiSSiOil shall issue the per1iiit or Its ripeni! 11)11. `I'lie issuance of a permit. as well as perio(lie examinations of an a iii rome in oi ierat ion. ~l~t 11 take place in accordance with the. proce- Tin i~t ai ii ~liei 1 Lv the Ma in A drnin istra t ion for Civil Aviation at- ta'l~eT to the (`oun'il of Ministers of the IL~.S.R. I itt'? L2. The Ma in A(lnuillistration for Civil Aviation attached to lie (`ciii il if Miii i~t ers of t lie I ~ shall have the right to forbid (in i'e~t ii t tenq i ca ri iv oi permanently I lie operation of an airdrome wlti oe on I t on iii as nor issul re t he sa fetv of flight, or when au air- iii'oiiii Is opera! eil in violat 1)11 of I lie established rules. I,~ H// `I.]. Wit li t lie txce~ it 1)111 if t empora rv ~ii rdromes. tlie construe- I iii md i'eonstru'tlon of iirdrounes. may be perfortiied liv enter- prIse~. O1'ijiifl ]zati)it~Iuid instittut ions only with the permission of the Mi ii Adni mistral ion Ion (iv 1 Aviation at! tIlled to the Council of Miii Liens ft lie I s ~,`cIc .i.~. The Main A ilutijitLi nation for Civil Aviation attached to to (`miii `ii of Miii Li ors of t lie ~ shall coordinate with the Mt iiLtu'v i if (`ouliiiuuii at on of tie F.~.*R. the construction of new, aol t lie reonstu'ii'tlon Of exist in~ airdromes and airports. .1 ~ ~ The pl a iiii iui~ and t lie redevelopment of cities and popu- l~ticl areas w'ithiii whose territory oi' area airdromes or airports are ha it id . al i a 11 lie it ii 1i wit Ii di ie ue~ra i'd to si fetv of ii r flight and in 1 ~i'eeu 11 int wit Ii cii tenj ui ses. ou~ra niza t ions and inst i tnt ions under \vliiise ant liotity ulie airdromes or airports are operating. ~.l it~~7 Id. For t lid n dent fiat out from the air and for the orienta- tioii if the oil ri ft nw ii uui'i n~r take-off and laiuliiig, ii rdronies and t~e-il' nil lnIdIn~ ~trIj~ di~ill lie marked in an'orilanee with the estal ii iThe(l uule~. The po~t iui~ if ativ ~igu~ ~iun~lai to niaiking sn~ns approved for the 1(111 ifieution of 1 i'du'ouiuis. within the area of suit'h airdrome, shall be 1)11 li i 1~ ted. I i't~7~ d. Lii ii' ci' to assure safety of flight, the managers of high huhhitigs" ~` I `1 nu'es. locarel in the territory adjacent to an air- Ii' OliP 1 . lie hut its of air routes, shall have the duty, on the i'eiitiist (if lIe M~ n A(llli lust rat iiui br Civil A viat ion Ilttldiled to the (iutn'H f Miii.~t~i's of the ~ and iii aii'ordance with the rules i'c~'u'iliei Lv It. I ila'e Oil these lnn]dui~'s or structures, at their own expeit~e. Lea' ii 1 ia-hits and (lay iuuarking sighs, as well as technical ii iL levi J i~"t'7i .18. The erection w'ithiin the area of an airdrome of buildings :111! st rue! uiues. contmunieatmn I lutes, electi'ic transmission w'ires of Iui~li vohta~e w-iuichi may end;mn~er the safety of air flight, shall be PAGENO="1151" AIR LAWS AND TREATIES OF THE WORLD 2551 made. in coordination with the Main Administration for Civil Avia- tion attached to the Council of Ministers of the T~.*R. The construction of the following shall he subject to coordination 1) of buildings and structures for communication lines, and high voltage electric transmission lines. planned at a distance of up to 10 kilometres from the limits of an airdrome 2) of buildings and structures, for commiliuicat ion 1 ines. whose highest point of altitude exceeds the highest point of the airdrome l~v 50 metres or more, planned at a distance of from 1(1 to 30 kilometres from the limits of the airdrome 3) of structures of a height of 200 metres and more, planned up to T5 kilometres from the limits of an airdrome. Enterprises. organizations, institutions and citizens who permit vi- olation of the, rules provided for in this article, shall have the duty, on the request of the Main Administration for Civil Aviation attached to the Council of Ministers of the F.S.S.R.. at their own expense and labor, and within the established time limit, to demolish, move or effect other changes of such buildings or structures. Allotments of land and water areas for the construction of objects mentioned in this article, shall be made upon receipt of approval of such structures by the Main Administration for Civil Aviation at- tachied at the Council of Ministers of the IT.S.~.R. A i'fic7e .]9. On all airdromes there shall be the following facilities 1) for permanent maintenance of airdrome equipment in a con- dition suitable for operation 2) for the arrival and departure of aircraft out schedule 3) for technical service of aircraft: 4) for air traffic control in the airdrome area and on air routes. 1 rt;~7~ 40. An airport shall he an enterprise for I lie schteuluiled arrival and departure of passengers. luggage, cargo, and mail, providing the or~jaui izat ion a uid services for 11 ighi us of a ircra ft and hit ving appro- priate air(lronue. buil(lings, and at her grouuu(l inst that ions as well as the necessary equipment. The proper ministries, services and organizations shall organize posts for customs control and inspect iou on airports fo rarr i ving and de- ~il i'ting aircraft on international flights. The necessary premises for such 1)osts shall be allotted on the airports. I rfe7e 41. An airport shall have regular cominnnic~ut ion facilities w-ith the nearest cities and other populated areas. Executive couiuniittees of the Council of the Working People's T)elau- ties shall assure the construction. reconst ruction. plauiti iniz. ni~uiiil e- nance and operation of toads leading to airports. the orderly movement of passengers on these roads, as well us telephuoiue conunuuini - cations of cities with airports. I ~f;~1~ 4~?. Airports shall 1 ~e di vide(l ml (1 atcin rie~. Ti nip- nlent of airports shall correspond to their category. Classification of an ai i'port ~ii 1 dcliii it e ~ttegorv iii d i ) )r( )va 1 1 the list of required equipment shall he luuiu(le Lv the M~u ii Adiuuiuu- istration for Civil Aviation attached to due (outuil ot i\[~uiistcrs of the ~ 1 ,t;c7r 4.~. Allotment of land and \val ci neas tor the (n~tu'11tnuu of ii rprn't u ltd iii rdrouiies shill Ic lithe 1 ucIlI tic a I lie pit eduui'e established by the laws of the 1.~ 1k ml of iL re'j 1111)1 ic~. PAGENO="1152" 2552 AIR LAWS AND TREATIES OF THE WORLD CIL~PYER ~\. FLIGhT IN TIlE AIRSPACE OF TILE US.S.R. Jitc7e 44. Univ aircraft l)ea ring identifying Government registra- flon marks shall be l)erhllitte(l to fly in the airspace of the F.S.S.R. A iifr/e 4.. scheduled fli~hts in the airspace of the ~ shall he made on established itineraries air routes). The air routes dciii be ei~uipped with radio l)eacohls and other means safe~uarciing sc hedule(l I raffle of aircraft under normal and adverse weather conditions. by day or by night. The direction of air routes, their width and tile equipmehlt thereof shall be determined according to established procedures by the Main Administration for Civil Aviation attached to the Council of Mm- isiers of tile ~ The crossing of air routes shall he Permitted only it speci fled pOi litsa nd it est ihil ished altitudes. Tile flight of aircraft outside tue air routes shall be made acCol'(liflg to the itinerary established for each flight. Any aircraft which (hiring the flight deviates the established air route or the route for the individual flight, shall correct its course as soon as it l)econies aware of such deviation. A it~7e 4(1. ~atural obstacles on air routes which may endanger the sa fetv of flight, shall be marked oii flight maps, and artificial obstacles which may endanger the safety of flight. iiiust have signs and light si~nals easily distiniriiishahle from an aircraft in flight. Aif;c7e 47. special rules shall be established for flight of aircraft in restricted border areis and at tile points for crossing the national frontiers. Air flights may be restricted or prohibited in accordance with the procedure established by the Council of Ministers over some areas or populated areas, as well as over individual objects of pai~icular im- portance to the state.. t itlc?e 4$. Air traffic control of all aircraft on air routes shall be carried out hr tile Main Administration for Civil Aviation attached to tile Council of Ministers of the F.S.S.R. Jit~'c7e 49. Air flights shall ie preceded by special p1'ePIlr~ition of the aircraft and its crew, a check of the readiness of the ground serv- ices on the airdrome for rake-off and for landing to assure flight safety, an examination of metereoiogicai conditions on the air route as well as other flight conditions. Rules concerning preparation for flight and the persons responsible for it shall be issued by the Main Acinunistration for Civil Aviation attached to tile Council of Ministers of the F.S.S.R. Ai'ticle ~O. Tile flight of an aircraft shall take place o~nlv with a clearance, to take off. The procedure for issuance of clearances to take off shall be estab- lished hr the Main Administration for Civil Aviation attached to tile Council of Ministers of the P.S.S.R. A if,'c7 .i. An aircraft shall he cleared for take-off only if it has on hoard 1) the aircraft documents ( Article l~) 2) i flight plan with a flight Inip and take-off clearance ~) tile crew. iiitiiorized to iiiake tue flight on the l)l1'ticilllI' type of 1 `craft under specified (ohId!t oils: PAGENO="1153" AIR LAWS AND TREATIES OF THE WORLD 2553 4) the necessary fuel, including the prescribed navigation re- serve; 5) the document s concerning passengers * ca r~.to. luggage and mail on board the aircraft 6) the flight~ maps and other documents prescl'il)e(l by the Main Administration for Civil Aviation attached at the Council of Ministers of the U.S.S.R. For aircraft undertaking test flights, the Main Administration for Civil Aviation attached to the Council of Ministers of thìe U.S.S.R. mar establish deviations from the requirements pres(ril)ed by this article. ~i ~t;i~ 52. AU flights of an aircraft shall he made in accordance with the flight plan approved by the prescril)ed procedure. I )eviatioiis from the flight plan shall be permitted only with authorization from the traffic control service. All instructions from the traffic control service shall he mandatory for aircraft crews and shall he oi)eved by them. T-lowever, in the case of obvious danger to flight safety, the commanding officer, acting in accordance with the established flight rules, and depending 111)011 actual conditions mar make an independent decision in deviation from the flight plan and the instructions from tlìe traffic control service. The commanding officer of an aircraft shall immediately inform the traffic control service of his decision. Art ;cle 53. Flight shall be made only under suitable metereological conditions. Every aircra ft shall he pro\~i(ledl with information concerning metereological conditions on the entire itinerary of the flight. In case the metereological conditions during the flight endanger flight safety, the commanding officer of tlìe aircraft and the officers of the traffic control service shall take all measures to safeguard the air- craft from such dangerous conditions, and shall (leci(le whether to con- tiniie or discontinue the flight. Article 54. Metereological flight service for aircraft shall be pro- vicled free of charge by the Main Administration for Tlvdro-metereo- logical Service attached to the Council of Ministers of the U.S.S.R., ac- cording to procedures established in agreement with tile Main Admin- isfration for Civil Aviation attached to the Council of Ministers of the U.S.S.R. Article 55. Flights shall 1)e carried out at safe altitudes and in such a distance from each other that thìe possibility of collision of aircraft is excluded. Article 56. Flights of aircraft over populated areas may he carried out only at such an altitude that, in the case of hreakdowii, ~i landing outside these areas in the nearest airdrome ma~ he iIla(le. Test~ and acrobatic flights over populate(l areas shall not he ~~`- mitted. An exception from this rule shall he made in each particular case only w-ith authorization from the Main Adniinistiatiou for Civil Aviation attached to tile Council of Ministers of tile U.S.S.R. Article 57. The making of photographs. mot ion I)i(~t1ires and the use of radio communication equipment on an aircraft shall he permitted in the manner prescril)ed by special regulations estai)l ishied hr the Main Administration for Civil Aviation attached to tile Council of Ministers of the U.S.S.R. in agreement with other niiuist ries aiiil departments concerned. 39-737 0-6~--vo1. II-73 PAGENO="1154" 2534 AIR LAWS AND TREATIES OF THE WORLD ~ /;~7~ 8. I)nring tile flight t e~t of au aircraft only pe1'~0Ii5 may 1)e on hoard who have i lie duty to test I lie air(rllft. it~ en2ines aiid istru- ments. :1 it;~/e ;/~ .A~iei'uitauient i'iidiit (OiiluilllIiHilt loll Hall he niaint a med bet ~veen iii a ivi'iift lii flight ilol the air traffic control service. The I)I'ocecluire of mat nta n iug radio coulullilinicat ion shall be estab- ished by t lie Main Administ ration for Civil Aviation attached to the Council of ~\1inisters of tue F.S.S.R. In case such communication is interrupted. the comniiiidiui~ officer of the aircraft and the air traffic control service shall take lurgeult measures to restore it. If the reestab- lishinent of coninilinication is ilul)ossible, the aircraft shall land on the nearest airdrome and inform the air traffic control service of its location. _1 iticlc CO. For flight control t lie Ministry of Communications of lie I .~. ~.l h Hial 1 lease ia duo, uolio-teiephone and radio-telegraph Hat inels tiC wiles seuvi&es to t lie Ma iii Administ rat ion for Civil \viit ion ittihed to the (`otuni] ~f Ministers. In t lie ab-euice of 1 ta utitels alloat e( 1 on a lease basis for flight con- trIll. the (lianuiels of coniniunication at the (lisposal of the Main Ad- Ii it i-t tat ion fat Civil Aviation at tachied to the Council of Ministers ct tite 1.S.*il. as well as other 1mhhic channels of communication shall b used. [fiidio telephone] conversations and exchange of telegrams con- ceuulillg help to an aircraft iii distress, its crew and pilsseligeu's shall hive priority at regiul ii rates. [Thldio teleplionel conversations, and acceptance. and transmission of telegrams connecte(l with iiiiuiuediate action for securing flight safety and with aircraft which perform especially inhh)ortant trips shall have priority at regular rates.. The procedure for use of public means of communication for control of flights of civil ii ic raft Hhall be est ablished by tlìe Main Administra- dolt for Civil Aviat ion at tidied to the Council of Ministers of the LS.S.R. in agreement wit hi the Miuiistrv of Communications of the F.~.S.R. A t~7~ (II. In order to insure radio communication, special radio fre(luencies protected from souies of radio disturbance shall be as- su1ned to the Main Aduuiinistrat ion for Civil Aviation attached to the Council of Minister~ of the ~ iii accordance with established procedure. Enterprises, organizations, ilistitutions and citizeuts, who have in- stallations and equij)ulieutt causing disturbances to radio communica- tions on air route~ a uid airdromes, on the request of the. proper agencies of the Ministry of Communications, shall eliminate disturbances by their own nietilis and at their own expense, and suspend the work of these installations and equipment uuuitil such elimination. 1it~i7~ C?. An aircraft which enters in the airspace of die U.S.s.R. without auithorizitioui. or \vhlich is in the. airspace of the I~.S.S.R. with- out identifying goveruiuiieuit registrat ion uiiarks, or ~vliich violates estab- I ishied flight rules, shill he considered a violator, and, if it (loeS not (~o1n1)ly with the Inst lilt ions of the air traffic control, shall be forced tO liiid. PAGENO="1155" AIR LAWS A~D TEEATIES OF THE WORLD 2555 A violat in~ aircraft shall make the lanWn~ ii t he spocihed pili wlieii ordered to land. A fter the landing and the examination of the ~u se f the violat ~oii. tile aircraft may resume its flight only with oiitlioriz~i1 1)0 h.~ìì tile Main Administration for Civil Aviation attaliel t ii t la (`OUlil 1 of Ministers of the I~.S.R. ~1 ~t;~l~ 63. An aircraft shall be considered in (listless when t he air- craft itself, its passengers or crew are exposed to iii ilnnwl ate (l1lliiIel \vlI oh (allilot be eliminated i>v the crew. All aircraft iii (listress, in lccord1iil(e with the est ibi slid loedil ie, shall give distress shrnais on radio frequencies is~un1cd fit air (0111- munication with ground radio stat ions. Tn flights over the sea, the distress signil 51(111 l lie doubled Lv t lie aircraft on the. jilt ernat ional frequency est 11)1 ~lie 1 br le t Ii flsl 11551011 of this signal for ships and rescue services. A t;~7~ 64. The aircraft traffic control service and the closest oil- ports shall provide mmediate help to an aircraft in (1 stress. For t hat pt~~po~~ radio navigation equipment of all enterprises. organ iZilt ions. and institutions located in the area of air routes and iii nearby airports may be used. help for foreign aircraft iii distress shall he provided on the same basis as to aircraft of the ~ A rtele 6;. An aircraft which, hy take-oil, ll1l(hillg OF cr1511, suf- fered serious damage or complete destruct ion, as well is iii aircia ft \vhicll made a forced landing oiitsi de of an ai rdron~e. shall l)e con- sidered in distress. ;l rti'c'7e 66. An aircraft shall lie considered missing when, after a lapse of ti tue. all fuel reserves on board the ii rcra ft wotil d be used and its ~)O5itmll iS unknown. _.1 ~t;~i~ 6~. A search shall he imniedi ateiv undertaken in case au aircra ft. is missiuii or iii distress. when its posit ~on is uiikuiowui. The search shall be on rried out b~ t lie Miiii A diiii lust lilt ion for (~i vii Aviation attached to the Council of Ministers of the F Local government agencies, enterprises. orgi ii izitiol s 11)11 inst ii ii- tiouus shall immediatev comniunicate to the Mi in Adiiin I~1 lotion for Civil Aviation attached to the Council of Miiii~teio of t lie I - ~ or Its agencies. all known cases of 1ii run ft in list ucss nid shall h)1ovid help in the search for the aircraft. Citizens shall iii fotia looal govern- ment agen(ies or nearest institutions. or~aluizai 1011~ 01 enterprises about known cases of aircraft in distress. In instances wlwn measures for the search of an iii icri ft were fruitless, the quest ion whether the search sh oil d I a d scant iii ited, shall he decided by the chief of the Maui A(hi1i1u1i~t1ati0)) for (`i1il Aviation attached to the Council of Ministers of the ~ Local governnien t agencies and enterpu e~. (i~a Iii?;) ails (11(1 in- stutut ions in \vhose area the aircraft becainiet vitin at lbztuss shall take urgent measures for the rescue of P°1 soli. ti. 1(1(1(11 i iid otT el assistance, and for protection of the ii rcra ft liii I lit tien i at ion, equipment and property on hoard until the a iii vol of the icpiesenl a- tives of thue Main Administration for Civil Aviation at tachued to the Couneil of Ministers of the [T.S.SR. A rt;c7e 68. In case of collision of two or more a tina ft. and in the case where an aircraft causes dania~e to aitother aiucia ft. ecu with- PAGENO="1156" 2556 AIR LAWS AND TREATIES OF THE WORLD out. a collision, the liability for damages of the owners of such aircraft shall l~e determined according to the following pro sions 1) damage, caused by the fault of one party shall be recovered from such party to the. full extent: 2) in case damage has been caused by the fault of both (or several) parties, the liability of each party shall be in proportion to the degree of fault : if it is impossible to determine the degree of fault of each party, the liability shall be equally divided be- tween them. If the damage was caused by no fault of any ~)arty, neither party has the right to claim compensation from the other party. Liability for damages for injury which arises because of death, per- minent disability, or any other injury to health of the passengers of an aircraft, as well as for damage caused to the. property of third per- sons which was on the airci-aft or was entrusted to the air carrier, shall be borne by the carrier according to the provisions of this Code, and, in accordance with paragraphs I and 2 of this article, lie shall have the right of suhrouatioii against the other party (parties) by those fault the damage was caused. Ji-tic7e 69. Basic. flight rules foi- aircraft in the airspace of the U.S.S.R., shall be approved in accordance with the procedure estab- lisheci by the Council of Ministers of the U.S.S.R. irrespective of the jurisdiction to which such aircraft are subject. Cin~p'rEri ~\I. INTERNATIONAL F1JGIITS A1t;C7c ~O. Any flight by an aircraft which crosses the national bor- deis of the U.*S.R. or another state. shall be. considered an inter- national flight. The general rules on navigation and operation of aircraft in the U.s.S.R. with amendments and a(lditions speeifie(l iii this cllal)ter and the flight rules of foreign a ircraft in the space of the U.s.S.R., ap- pio~~ed by the Main Acln'iinistrat ion for Civil Aviation attached to the Council of Ministeis of the J.S.S.R., shall apply to international flights in the airspace of the I~.S.R. by aircraft entered in the Gov- ernnient Register for Civil Aircraft of the U.S.s.R. as well as by air- craft entered into the register of foreign countries. Ai't;c7e ~J. Aircraft entered into the Government Register for Civil Aircraft of the U.S.S.R., may undertake an international flight only with authorization from the Main Adniinistratioii foi Civil Aviation attached to the Council of Ministers of the U.S.S.R. given in accord- aiice with the estabi~shed h)1oedure. Aitiele ~?. Flig'.s of foreign aircraft in the airspace. of the U.S.S.R. may be uncleirihe~ oii the basis of. and under the following conditions: 1) when there is an aviation agreement between the IT.S.S.R. and for " aunt lies: 2) by special authiorizatioii for individual flights, issued in ac- cm-dance with tlìe established pioce(lure by the Main Administra- tion for Civil Aviation attached to the Council of Ministers of the U.SS.R. ~Ii~1c/c ~3. Flights of foreign aircraft in the airspace of the I .S.S.R., undertaken on the basis of international agree.meiit.s, as well as by authorization from the Maui Administration for Civil Aviation PAGENO="1157" AIR LAWS AND TREATIES OF THE WORLD 2557 attached to the Council of Ministers of the U.S.S.R., nay be carried out only along the established international air routes. The list of airports open to foreign aircraft shall be approved by the Council of Ministers of the US.S.R. The list of international air routes and airports. open to foreign aircraft, shall be published by the Main Administration for Civil Avia- tion attached to the Council of Ministers of the U.S.S.R. Article 74. Identification marks on foreign aircraft shall be coin- municated by their owners to the Main Administration for Civil Avia- tion attached to the Council of Ministers of the U.S.S.R. before start- Ing scheduled or non-scheduled flights. Article 76. Without a special authorization from the Main Admin- istration for Civil Aviation attached to the Council of Ministers of the U.S.S.R., foreign aircraft shall have no right on the territory of the U.S.S.R. to take on board passengers. luggage, cargo, or mail for commercial transportation to another place in the territory of the U.S.S.R. A it;~l~ 76. Pilotless foreign a i i-craft shall he permitted to make. flights in the airspace of the U.S.s.R. only on the basis of a special authorization, issued in accordance with t lie established 1)1ocedlu1~e hr the Main Adininistrat ion for Civil Aviation attached to the Council of Ministers of the .~.S.R.. provi(lecl that the conditions established for the issuance of such a permit are observed. The state in w-hose register the pilotless aircraft. is entered shall have the duty to give the proper agencies of the. U.S.S.R. the possibility to exercise control of the flight of such aircraft in the air- space of the U.S.S.R., in order to prevent a possible collision with other aircraft in flight. Article 77. The rules on passports. customs, currency, health, and quarantine and other rules on entrance and departure, as well as on import and export of p1~oj)e1~ty from or into a foreign country, and transit through the Soviet territor . shall apply to aircraft, their crew- and passengers. coming to the U.S.S.R. or leaving time U.S.S.R., and the property imported into time U.S.S.R. or exported from the U.S.S.R. on aircraft. Article 78. Any aircraft makinQ~ an international flight from the territory of the U.S.S.R. or above the territory of the U.S.S.R., shall land at the airport desi~nate.d for customs and passport control, unless a special permit for non-stop flight through Soviet territory was granted. *1 ,t;~l~ 7.9. The flj~rhit documents of a forei~n aircraft, shall be rec- ognized as valid in the territory af the U.S.S.R. provided they meet the requirements of time laws (if time St ate in whose register such air- craft is entered. In case of landing on the territory of the U.S.S.R., a foreign air- craft may be inspected and all documents necessary for international fli~hts mar be checked. In ease necessary documents for international flight are lacking on board a forebzn aircraft or where there is infonimation on defects of material arts of the aircra ft. time Main Admimi istr~mtion for Civil Aviation attachme(l to tue Council of Ministers of time ~ may pi'o- hibit the departure of such aircraft. PAGENO="1158" 2558 AIR LAWS AND TREATIES OF THE WORLD Article 80. Entrance of the aircraft. into the IJ.S.S.R. and departure from the 1S.S.R. without a permit, non-observance of the air route, place of landing. flight altitude (lesignated in the pe1~mit. or any other violation of rule.s on international flights, shall entail the responsibility established by law. CHAPTER `UI. CARRIAGE BY AIR OF PASSENGERS. LL~GGAGE. CARGO AND MAIL. Section 81. Carriage by air of passengers, luggage, cargo and mail may only be made Lv air carriers of the Main Administration for Civil Aviation attached to the Council of Ministers of the F.S.S.R. Other enterprises, organizations and agencies owning aircraft may carry Lv air passengers. luggage. cargo and mail oniy to meet their own needs. International carriage Lv air of passengers, luggage, cargo and mail may also be. made Lv foreion aircraft ~cct&n~ 82. Sche4iiled ~arriage Lv air of passengers, luggage., cargo and mail shall be made Lv air earners on air routes specified by the Main Administration for Civil Aviation attached to the Council of Ministers of the T~.S.SR. The Main Administration for Civil Aviation attached to the Coun- cil of Ministers of the `L~.SR. shall organize the trip of passenger aircraft according to a time schedule. Nicf,',~~ R. By the contract of carriage Lv air of a passenger the air earner undertakes to carry a l)asse1~e.r and their luggage to t.he point of destination, assigning the passenger a seat according to the purchased ticket: and the passenger undertakes to pay for the passage according to the rates, and, if the luggage exceeds the eStal)- hishied check-in weight is handed over, for the transport of such in ~r~a ge. By a contract of carriage Lv air of cargo or mail the carrier under- takes to carry cargo or iiiail entrusted to him Lv the shipper to the point of destination and to deliver them to the pei'son having au- thority to receive them (conshinee) . and the shipper undertakes to pay for the carriage of the cargo or mail according to the estab- lishied rates. Slupineiits Lv a iiiei~ lisilig various types of transportation on the same bill of lading shall be made on the basis of this Code and the rules approved Lv the Main Administration of Civil Aviation at- tached to the Council of Ministers of the F.~.S.R. together with other ministries, departments and organizations to whose jurisdiction the respective type of transportation belong. ~ (f(/ ~ -` contract of carriage Lv air of a passenger shall be evidenced by a ticket, and checking in of luggage Lv a luggage check. A contract of carriage of cargo shall be evidenced by a bill of lad- in~. The bill of lading shall he made out in the name of a specified consignee, it shall accompany time cargo on the entire trip and shall be issued to the consignee at the point of (lestination together with the cargo. One cnpv of the bill of lading shall be issued to the ship- per of the car~o wheim the cargo is accepted foi' carriage. A contract of (`airiage of iiiail shall be evidenced b a mail invoice. PAGENO="1159" AIH LAWs AND TREATIES OF THE WORLD 2559 ~5( (7 ~~in A.. Rates It r in r ta rria ~e of pa ~.eiigeIs. 1 liggage. cargo and mail shall be a ppi~oved by a proce lii re to be est ahl isl ied 1 cv the Council of Mii-dsteis of the ~ Rules for the al)pl ication of tile rates shaH be estabi islied by the Main Administration for Civil Aviation at taclied to the Council of Ministers of t he F.S.S.R. ~ (t;O1( 87. Inless otherwise p1~o\~clecl for by the rules on all car- riage. l)ayllleit for the air carriage of passengers. lugga~ze. and cargo shall he icialle at the issuance of the transportation docit ii ient ~( (IW1t 87. Ilie passenger shi all have the right 1) to carry luggage free of charge within the 1 mlii s of an estab- lished norm; ~) to airy climltlieti aloii~.r with luini free of charge at reduced rates lepeiiding on age) 3) to iiiake use free of charge of services rendered to passengers at ai rpoit lest loon is. rooms for mothers and children, accomic- moodat ions in a hotel in case of forced delay of I lie a miciaft en route and others) The pioced tire for the ren den ii g of serv I cesa ii (1 a c ( )ii iii ioda t lUllS sli a ill e deterii imned 1 ~v the rules oii air cmi rn age. ~c'ct,~~c 88. The passenger shall have the right I ( cat cccl t lie flight am 1(1 1cc be refunded tie amount paid for the iii ca rim age iii t lie follow- tug cases: 1) illness of the passenger certified by a medical agency ~) delay of the start of the flight of the aircraft from the 1)Oillt of depa mt nrc or replacement of the aircraft by a ii aircraft (if another type: 3) return of the aircraft to the point of (lelcarti] ie without having ac(ompl islied the t rip 4) giving notice of cancellation to the carrier w it liiii the time i mit est ablished by the rules on air ca mriage. If the passenger cancels the flight later than provided for iii the miil (5 t lie passemi - ger shall ice entitled to a refund in the anloillit paid for the iii ca mt iage less an established fee. TI ie an toumi t of 511(11 fee shall intl exceed ~ percent of the mate for one way mu r earn age. The p seiìger shall be cut itled to cancel fiirt her fi iglit 111(1 he re- funded the respective l)alt of the amount paid for t Ice iii carriage. whceii the trip has been interrupted as the result of a fc crced landi ti~ or for any other cause, or when dispatch of tile c~-cii~~em fiomic the airport of transfer has not occuriecl in thic eoui~c of mi ~iimn~iilteecl period of tuice, or because of illness oft lie his tcLier ~r/;oic 8fl. lHnterprmses. organizaticills iticl i~ciic~c- iicav in cdvmiccce subniit applications for reservation of indiviclumil ~c;it~. c~ well IS of an entire airemaft. Acceptance of iii cpplient ion for 1c~crvat ion auNt hcc contained by the camrier indicatin~ the peicccl of t lica I c~rlii~ which tIle resemvat ncii~ are effective. The procedure for reservations and the coiNeqc]eines of tie eatcceI lilt 011 of a reservation shall he est ablished by tIle rule- ccii air aitimc~o. ~c c/colt, /)0. Air carriage of cargo Iw an air carrier slc:cil icc mcimuhc accord mug to plans approved Lv the estal cIhiceci pine in es. -` I r car1ia~re of c:ct~o not piovideci for Lv the plc n cr ii excess of t ice i ~1mu shall Ice n cade accorclm ~ to ic I ~:i 11cC clii cmii ii)] H (if t lie shii~c~cem mind shall he accepted by the (mirilem provi itch t lute is Inc m- t er fe ience wit Ii a Ic cmi rn age of cargo a ccorcl ii ig t o the plat i. PAGENO="1160" 2560 AIR LAWS AND TREATIES OF THE WORLD Cargo submitted for air carriage in small lots or consisting of house- hold goods shall be accepted in the order it is submitted. ~eit,'on, 91. Tn the case of regular shipments by air of cargo by the saiiie shipper during a. specific time period, the carrier and the shipper may conclude a special cout ra('t in which the conditions of the part id- Iai air carriage must be. specified. ~cet;on 92. To carry out the plan the carrier shall supply the means of transportation indicated in the plan. and the shipper shall submit the cargo specified in the plan for air carriage. For failure to supply the means of transportation and for failure, to submit the cargo pro\'idedl for in the plan for air carriage, respec- tively. the carrier and the shipper shall be mutually hial)le for dam- ages in the amount of ~.5 per cent of the cost of air carriage for the entire amount of the cargo which has not l)een submitted or which has 1 ecu submitted although it was for shipment but. has not been dis- ~t che d. The carrier and the shipper shall have the same liability for failure to fulfill duties concerning the air carriage, of cargo according to applications of shippers accepted by the carrier to be shipped in excess of the plan. Seeton 93. The shipper shall be relieved from liability for failure to deliver cargo for air (a rn a~e or for deli very of only part of the cargo, if it occurred as a result of an act of God, or of an accide.nt. on the 11~mises of the shipper, which caused interruption of operations for a period of time of not less ihian three days and nights. The carrier shall be. relieved from liability for failure to supply means of transportation if this occurred as a result of an act of God or because of the. impossibility of making flights clue to meterological conditions. cect,on 94. When submitting the cargo for air carriage the shipper shill ~-ive in the bill of 1adin~- a precise description of the cargo, and, when necessary, also its special qualities. The carrier shall have a right, to check the correctness of these data. The weight of the cargo shall be established at~ the acceptance of the cargo for carriage and it shall be indicated in the. bill of lading. Simultaneously with the bill of lading the shipper shall deliver to the carrier all documents required in accordance with sanitary quaran- tine or other rules. The shipper shall he responsible for the correctness of the data entered ill the bill of lading and he shall compensate the carrier or third persons for any damage resulting from the. incorrectness, inex- actitude or incompleteness of these. data. ~S~ccti~o.n 95. Cargo requiring l)oxing or packaging to preserve it. from lass or spoiling lutist he delivered for air carriage safely boxed or packaged in accordance with the government standards, but cargo for whose boxing and packaging standards have not been established, must he adequately packed to l)resel~e it intact during air carriage and handling. Agricultural products shipped by collective farms ma~ be accepted for air carriage also in a non-standard packing provided it safeguards the cargo during the carriage. In case cargo is delivered in inadequate boxes or packages or in a Lox not suitable for the kind and nature of the cargo or not suitable PAGENO="1161" AIR LAWS AND TREATIES OF THE WORLD 2561 for the conditions of its carria~ie liv ~i ir. the earlier shaU refuse to accept such (argo for air carriage. ~ ~t;~ 90. A list of claw.rerous articles Whlj('hl iliilV not he admitted f )r it iii age I ~ a I' and con (lit oiis for I I e all (~ iii age of explosives, arms, animunit ions. poisonous and flamiiial de sul)stail(es, iadioact ive and other dangerous materials. motion i icture and photographic equip- ment. radio equipment and binoculars shall be established by a pro- cedure to be determined by the T.S.SJ~. Council of Ministers. ~cef;oii 97. The carrier shall deliver the cargo accepted for carriage it the point of destination at the established time. Terms for the delivery of cargo and rules for the computation of the terms for the delivery of cai~oes shall be estal)lLdled hv a pro- cedure to be determined liv the Council of Ministers of the I~.S.S.R. .~ ~ 9S~. Iii accordance with the pIo(~l111~e )1OVi iled for liv the rules of air ca ni age. the shipper of the cii igo shall be cut it led to the return of the cargo delivered for air carriage prior to its shipping, to change, prior to the delivery of the car~~~ to the a(ldressee. the recipient indicated in the bill of lading. or otherwise to dispose of the cargo in the case of non-acceptance by the recipient or of impossibility to deliver it to the recipient. In case aircraft communication is interrupted or d is(oultinued. the (~1 riier shall give notice thereof to the shipper and to the consignee and request their instruct ions. ~(ct/(m 99. The carrier shall give notice to the recipieiit of the cargo on the arrival thereof by sending this information to his address. Any cargo which has not been accepted within thirty days from the day of not ice to the consignee sh a 11 be deem ccl ii n cl a jul ed and may be sold under a procedure to he established by the Council of Ministers of the U.S.S.R. S'eef,on. 101). The consignee shall aicept 11111 remove the (argo ad- dressed to him. The consignee iiiav refuse accept~lilce of damaged or spoiled cargo, if it is established that the qu~lhitv of the cargo has changed to such an extent that it cannot be ii~ed fully or iii part for its original puipo~. ~cert~m 11)1. The carrier shall he liable in acoidatice with the laws of the 1T*55}~* and the constituent repiil 1 iS for the death. bodily im- pal iment of health or other ii~uiv to hiealtl I cii u~e( I 1 ii passenger at take-off, during the fi ight or at land in~ of the a irci~i ft. or itt hoarding and diseml arking of a passenger. unless the c;i trier i roves that the injury occuired asaresult of an iiltetltioilal act of the injured person. In the case where t lie pasHen~eIs death. iiiipa irnictit of health or other injury to health have 1 ecu ~iu~ed is ie~nl t of foic ,ia~ uii. the carrier shall be liable to the usual extent unless lie htove~ that in- tent or gross i1eghi~eilce of the m~ured person lni~ coilt ijhcited to the injury or has ag~ravated it. In (;l~e5 where the :lrlier proves that gross negli~ence of the injured peison ouitiihiited to the mjuirV or hia~ aggravated it. tile aniouii t of the 01 lpe1ls~lt lOll 1(1 ia 1111 ~eS must be decreased in accordance with tile general rides of the ii ~ii law 01 (0111- pensation for (lamage must be refused. ~eetioii 11).?. The c~llrier shahl l)e hiahle for tIle safety of luggage, cargo and mail from the time of their receipt fat shipping until de- livery to tile consignee or until thei 1 deli very to 11101 her organization in accordance with the established rules. PAGENO="1162" 2562 AIR LAWS AXD TREATIES OF THE WORLD The carrier shall he rd ieved fron i I iahi ii ty. when he proves that the lo~. spoilage of. or damage to the luggage. cargo or mail occurred l)e('ati~e of circumstances ivh ich he coUl(l not avert or elimination of wI cli (lid not depend on him, in particular because of: 1) tI ie fault of the sli i pper or the consignee: ~ ) the special natural characteristics of the transported ob- 3') deficiencies in the box or package, which could not be dis- covered from the outward appearance at the acceptance of the liiiigage. car~o OF mail for air carria~e: 4) delivery of luggage, cargo, ormail for shipment without in- i eating in the shipping document their characteristics requiring special precautions or measures for their preservation during car- ria~e and storage. For the safe condition of personal effects of the passenger that were not delivered as ltt~ra~e the carrier shall he liable only in the case it P~~0~ed that the lo~s.'spoilage of. or damage to these ~hjects was due to the fault of the carrier. ~`- t;~. !Od. The carrier shall he relieved of liability for the loss, decrease 11 wei~lit slioilai~e of. or damage to cargo accepted for air carriage, if it is due to: I ci rc11ni~tances connected with the loading or unloading by the facilities of the shipper or the consignee of the cargo: failure to take necessary measures for the safekeeping of the ca r~o l)v representatives of the shipper or the consignee who accompanied the cargo: 3) the natural decrease in weight of the cargo (luring its trans- portat ion within normal an(l established limits. Tf the loss, decrease in weight, spoilage of, or damage to the cargo, could have occurred because of one or of several of the reasons mdi- cat ed. then it shall he assumed that they occurred because of these rea- sole.. mit ii the person filing the claim or l)rin~'ing the action proves otlerwise. ~ cc'or ~ ~* The carrier shall he relieved from liability for any shot'ta~te of the cargo the packaLring of which. on arrival, was in good condition and with tl i e ~ea ls of the shipper unbroken. unless the person flu in~ t lie Ha in or lrin~in~ the action. pi'oves that the shoi'tage of the car~o is the result of' a loss of. or damage to the cargo on the part of the carrier. cto/( /(i.. Tlìe air carrier shall he liable for the loss of. or damage to (`ar~o. ~ or the l)du'sollul etlects of the passenger to the. follow- in~ extent 1) for loss of cargo or lu~irage received for carriage with value declared, the amount of the declared value: but when the carrier proves that the declared val tie exceeds the~ actual cost, the amount. of the actual cost: ~) for loss of cari.ro received for carriage without value. de- c11 red, the ann o:nt (if the actual cost: :1) for loss of itiggage received for carriage without. value de- (`lared. and personal effects of the passenger, the amount estab- liHied by the rates: 1-') for (lamage to cargo, luggage or personal effects of the passenger, the amount by which their value was reduced. PAGENO="1163" \i L\W5 ~T ~1~1.VtT~-1 (1 THL ~\V(~T( ~ 7°, 11 iii :1! lie! :1 1 ol V I (01 IU~ 0 1 11 1 1 °° of tIe lost of aji yarria~e lot eveiv twentv-foii ni~ *t oPl~IV ieiviv. lint the total ilionhilt shall 1101 exe'oI at V p(i `ent of tile -1 or tlw ii r c;iiTii~e. the 111 o1liel ~1iail he relieved Il 1i~ih~1a 1 lehiv iii (leli\eiy of t he ear~o when he l~roves that the dela~ resulted from I he im- 1fOssIhIlitV of iii~ikii~ ho Hi~l(t (1110 to Ii(IVO150 \V('iltlIel (01)(1itiOil5~ (ii (I her cause wht:!: ho II ((lid not avert. OF the ol15l~fleC sli:thl have 1 ii~hit to (01151(1ev III 011 lg( 10(1 1) ol;i lii il(lefl lilt V t 1 ole hO \V (Oil 1 1 a i~o ii Is not Itepil (lelivelel to the co11H~1ie0 \oitltln iou tiav~ from the hate Hued- 111011 for deliveiv. Tjowevei. v:Iien the `II 1~o ittives It ei ~u1 (1:110. time consi~nee III11U take l(ilV01V ot 11(0 1ii~0 nol 101010 the ainouiiit palil hr tlte air corner fort lie 1os.~ oft lie rar~o. ~cchon 1fl2~. The air carrier shall he 1~ ahie to comm tin a;itiofls miu~ thiori.ties for the loss. (lauha~e ot ia~e (iehmverv (It too ii due to the fault of the air caviler to the :inioiint of the hiah~1itv of the (OIliffllflhiOOtiOiI liii llorities with respect to shiPh)ers. ~cct,oi, /Q~. A iiv a~reetiien t 1 iet ~veeii t he ii ii (`Ii ri el :i al I nissei~ers. shoppers :111(1 o1lsi~nees of c:ll~ro intended to ~1ihft 1 ahilitv from one ~artv to the other as provided iv tins (0(10 md the te utiatiolls issued oii its 1)11515 shall 1)0 VOl d. ~~f;oa /dI~. ~ of :ii~o. nid ti~~tiees thereof shall ac(o1din~ to ueneral rules pay loi Il;m1iia~e~ caused hv their fault II) tue property of the lii (`:111101 01 10 tIle property of ((dIet peisoiis for which the air carrier i~ ii al)ie. ~(ct,o1I l/d. Ihit' 01 (11tll5t1hli(('~ \vhlicli niav foita 11(0 lci~k for 1101)11- itv for property (laniaOe 011 the put o1 tl:e;lil':ili or. shimppets 01 `on~(irI1ees of ca rrjo or lm~en~ers shah 1 10 (1 ~1t: 1 10 `1 010! 10101 ah statement. The plIlon' (If d]:I\V11(0 up (0110 itOH -t:1t(~H1('ilt~ (101 01 e-tal)lishliflU (11" :(~ W111('hl 10 101 0 ((U ` 1' h':v,hi~ `~h' of (oninlerial st:itel:eI:H. ~H11 he leoi'io1e1 \ i' `1' 1H:o (OIlS (`010 1111 ifl~ t rOliSpOrt di Oil. `l'lie eoniinercial statement shall 1 ~ 1 `a wi 111) lii i nt o1 los- mimiation at the time of delivery h tile :1 `1' I ~ in o hot to en (hence the fol 1owin~ (`11(1111 sI allots: 1 disciepaiicies between (leHO'tiaI 1011. `.V(i~ .0. 0 tittnil~i' of pieces of (11 t~0 aiicl the data listed in lie a i `a u1~ a ~ docii mont ~) dmmiuage or spoiia~e of iai~o: ti) discovetv of a shiorta~e. daiiia on or spo: haze of ii1~~rmge: 4 di scoverv 0 t car~o Or I i~~o~e witholt (10011 m eimt 5. uiid of homm:aellt- w'~thoiit c~ui~o or lno'~a~e: leturil ntstolen (0t'~O `(1 hiu~iri~c to tin ar airier. ~cc'7,rt; i/i. ~ hen a l)asst01~'r 15 hjsahied oi ~uiIhmrs any oIlier lii lilY to tie~ 1111 lIe ii~!I t time 1 ~ll 1 i~a l1~t I :110 111 I(~~0ll 1 lOll ecteiprise 5iodl irue to the in uol01 nelson. hut 11 the ease of his death to 1 Iii h'~"~°°~ entitled to ooinpeiisat ion ti' rime loss, in anord- 11110 with'i tIle ~et~erai iaies of the civi ~w cOIi0I'lIlflU' cOlmihiellSl(1 bit `lot (Tania~ea .~rctimi 1.?. Beioie a suit nrio'!il1bt 1i1~ 101(1 110 all' (`:1 liii ~0 1) lilt i';ot 10)V he ootunwn'ed lo'm:n~t tie oil (-:1r1:°r the fili1a~ 1 a 1:1110 with lii a shall he mandatory PAGENO="1164" 2564 AIR LAWS AND TREATIES OF THE WORLD Claims arising from the shipment of cargo shall be filed at the airport of destination against the air transportation enterprise of the plae of destination. (`1 aims arising from the transportation of passengers or luggage may he tiled either at the airport of departure or destination against the air carrier of the place of departure or of tIme place of (leStinatiOfl, as the claImant may prefer. Claims arising from a shipment made I >v !arriers of di ffeieiit menus of t ansportation on a single bill of lading. shall be filed: 1) with the air carrier, if the terminal point of st~ipment was an airport: :2) with another type of carrier, if the terminal point of ship- ment or tran~port WOs a railroa(l or truck terminal, a wharf or a port. ~ect~aii 113. TIme right to file a (`1dm with, or to commence a suit aga in~t an air airier shall a(rue to the following persons: 1) in case of total loss of liig~age to the bearer of the luggage recempt : in case of partial loss, damage to. or spoilage of the lug- gage to the person presenting tile commercial statement issued by the air carrier: 2) in case of total loss of the cargo to the consignee, provided he l)Iesents the bill of lading issued by the air carrier to the con- signor including a not ce from the airport of destination that the cargo failed to arrive, or. when it is impossible to present a bill of lading, a Ioemnment showing that the freiiilir had been paid. with a brat in Lv i~ air circle !oncernml~ lie shippin~ of the cargo, we a not ee by tne airport 01 (lest imatmon attestin~ that the cmi rgo t a ml ed to arrive: or, to be ~)ip~ ~ 01 tile mmlgo-_-provloe( i~e pre~ents the bill of lad m~ ssued o h ii: fl (am 1 (artial lOSS or damage to the cargo, to tile con- mice. providei lIe piesents the bmhi of lading iccoinpanving the aim I he `oimiiiiereiah .~tatenieimt issuei I to him by the air arrier: ~) H case or lore del iverv of the (`argo. o the colisignee, pl'0 ~i!led me (resents t me I nIl of lading a~aiapanving the cargo. ~ mock of ~ mniei'iaj ~tatement sl~iil not deprive the customer of right o file tIe (blmma mod a `nmnence suit, if it is pi0\ed that the CIfl plovces of t ha a! r am rrmer ic Fused to issue the commercial statement and that the mistonier filed a complaint against their action. ~ ct~on 114. Transfer to other organizations or ~ of the right to file a claim or iomlllence a suit shall not be I)erlnitted. with tile cx- aept ion of eases where this right is transferred by the slu~pper of tile car~o to the consignee, or by tile consignee to tile shij)per of the cargo, Or by the consignee or sin pper (If the cargo to a supervisory or sub- ordinate organization. S~t;~~ i1~. (iainms agaInst air carriers may be filed within six months: claims for pmiyii~eit of a file within -~ days. The above terms shall he coniput ed as follows: 1) on claims for compensation for partial loss, damage or spoil- age of cargo or luggage, from the day of their dehiver~'; :2) on claims for (`ompensation for total loss of cargo. 10 clays after the term for delivery has expired PAGENO="1165" AIR LAWS AND TREATIES OF THE WORLD 2565 3) on claims for compensat 1011 for total loss of luggage. and de- layed delivery of cargo. from the. date on which the term for delivery has expired; 4) in all other cases from the day when t lie event which gave rise to the claim took place. ~cct;oii / 1G. TIe air carrier must cxii no iie t lie Li lii 1111 1 i nform the (1 Iii ma nt about accept 1111cc OF re~ ccl I (111 t~e 1111111 \V it hi n three mont us: but with regard to cia Ills for shipnient ii riled oii the same [shiippingi document but using various types of t ranspori at ion. within six months: with regard to uiauiis for the payment of a fille, within 4~ days. - When a claim has been reject ed. or no answer has been received within the sJ)ecihe(i time, the cIa mont shall have the iight within two mouths fli)I11 the date when he m'eceu ved the reply, or from the last day of the period allowed for a reply to the claim to be made, to com- mence an action against the air carrier in an arb~tratioui or a court proceeding. in accordance with the general rules of the civil law. ~Cct;Oi i i'~. ~ simitsilgilinst shippers of (aIU0, consiguiees or pas- sengers a rising from air carriage. 5111111 be filed by an air carrier within a period of six uiiou~t his fioun the day of the eveill \vhiicll gave rise to the law suit. ~t;m. 118. Passengers transported on an aircraft must carry State insurance. Rules for passenger insurance shall be applOve(l by the Ministry of Finance of the U.S.S.R. in agreement with the Main Aciministra- tion for Civil Aviation attache(l to the Council of Ministers of the U.S.S.R. ~S~ect;oii 1/9. Regulations governing carriage by all of passengers. luggage. and car~o shall be issued by the Ma iii Xduiiiii istration for Civil Aviation attached to the ( ~ouncil of Ministers of the U.S.S.R. ~pei~1l co ditions for pautictmlir kiuids of cargo and passenger trans- portation shall be set forth by the Maui Administiat ion for Civil Avi- ition attached to the Council of Ministers of the I S.S.R. in agree- uiieult with other interested mimlist vies, depa rtnlents 011(1 or~aniZatioii5. Regulations for shipment of iair] mail shall he issued by the Main Administration for Civil Aviation att ached to the Council of Ministers of the U.S.S.R. in agreement with 1 lie Mimiistrv of Couiinmnications of the U.S.S.R. CI1~\1'~rER VIII. 1xr;Rxxrlox u. Am C\RRTu;1: OF P~\S5ENGERS. Li-o(~u1E ~NI) C\RGO Sect,~o,~ /;20. The provisions of this chapter shall apply to interna- ional air carriage of passengers, luggage and cargo by civil aircraft of the U.S.S.R. for a fee or ~i~utiiitou~lv, p~~o~nd~1 there are no Iro- visions to the contrary in international treaties concluded b the U.S.S.R. International air carriage of ni ii 1 shall be un a (he ~vi th (1 ue vega rd to the rules of international postal itrieeufleuits coui(luded by the U.S.S.R. ~~t;uii 12/. International air ca uuiage shall be deeuiìed to be any air carriage when the point of depa it ore and the point of destination, regardless of any transshipment 01 interruption iii the carriage are located 1) on the territory of two States: ~2) on the territonv of tile same State when a stop is schednled on the territory of another State. PAGENO="1166" 2566 AIR LAW'- AND TREATIES OF THE WORLD ~"cct?or. 1~J2. In international air carria~re the passenger shall he issued a fii~Iit ticket. and if lu~ga~e is checked, a luggage ticket. TI ie fi iglit ti ket liii! 1 u~rLa~e I iket shall evi(lence the conclusion o~ I lie contract iliiil slat 11 ~ Ic `t fv t lie cotidit ions of the (0111 iact of car- ria~,re of the 1nssen~teI and li~a~&'. Lack. I i'regulai'itv 01' loss or a fi ~lit or liig~iage ticket shall not affect the exNten('e ~r Va I idiiv of the air cai'riage contract. ~cct;on 12~. A contract of international carriage by air, its condi- tiolis. and the acceptance of `argo 1w the carrier shall I)e eVi(lenced by a hill of lading. Lack. incorrectness or loss of the flight or luggage ticket shall not iffet tIe existence or validity of the contract of air carriage. The data contained iii the bill of lading pertaining to weight, dimen- sbus, and packaging of the cargo. and the number of pieces, shall be `Oils (l~ u'e(l va 1 i(l so 1 ouig as I lie cit icier does not prove otherwise. The data concerning quantity, volume and condition of the (argo shall be considered valid only when the carrier, in the established procedure unit in the preselie of the ~hiipper. has checked them, and has so mdi- cate(l on the bill of lading. or when these data concern the exterior condition of the cargo. The bill of lading shall he prepared by the shipper in three copies and shall he handed to the carrier together with the cargo. The first copy, marked "for the carrier" shall be signed by the shipper. The second copy marked "for the consignee" shall be signed by the shipper arid the carrier and must accompany the. cargo. The third copy shall be signed iw the carrier and shall he returned to the shipper upon ac. ceptan(e of tile cargo. The signature of the carrier must he affixed before the cargo is loaded aboard the aircraft. `~ ct'oii. 12.~. The shipper shall he held responsible for the correct- ness of the information concerning the cargo. which he shall enter on the hill of laditi~'. Tie ~hiall ic liable for any (lama~i'e sustained 1w the carrier or any other pei'soll for whom the carrier is responsible is a result of irre~ularities, inaccuracies or incompleteness of this information. ~` ct~ !2;~. Provided he Las fulflhled all obligations resulting from the contract of internal jonah carriage by air, and Las presented to the carrier the bill of lading. the shipper shall have the right to have the (`argo ret timed to I lie point of shipping or point of destination, to hold it at intermediate lan1un~r ~dices. to change, the [name. of tile] consu~nee indicated lit t lie 1111 of lading. [and] to demand tile return of the cargo to I lie i 0111 t~ii uiwlii1'hi it was shipped. Tile exercise of this right mti~r not `ause dauiiage either to the can'ier, or to other ship- i~er'~. and the shipper must reiunloirse the expenses whieh result there- frouii. If the instructions of the siiippeu' cannot h~ carrie(l out the car- mci' must imuned~atelv inform him thereof. From the t i inc of a i'rival of the cargo at tile point of (lest iuiation tile consignee shall have i lie u'ight to deutiand front tile carrier the del iver'v of the uu'~'o and the 1)111 of lui(luii~, l)rflVide(I at that time iio other in- ~tri1't~ons have 1 een received fu'oni t lie sIb pper. Tl ie right of the sli ipper sl ia 11 t erui~ ma te at the t inie when the right oft he ` iIsi~'nee to deinui i'd deli very of the `argo and the hi 11 of ladIng arises, However, where the `onsu~rnee declines acceptance of the cargo PAGENO="1167" AJU LAWS ANT) TUi~AT1ES 01: THE WORLD 2567 or where the cargo cannot I e delivered to 1111) . I I a' I liSJ)OSal of the cargo shall revert to the slitppei. When loss of tile (argo is elnat tell lv tie (alI'icl 01 \Vli~Ii the etirgo loiS hot arri Ve( 1 ift er the ex pi ra to ~n of a art 0(1 of scveii d avs froni the (lay 011 \Vlii(Il it was expected 10 aliVe, lie ((!i~igIi(( ~}ialI hive I lie right to (lenland coilipeilsat iou for 1)55 ~ t he cargo. All res(uvIt!olis (II 1i~11i~ till (O1i(litiO1i~ iIl(ii°lt((I Ii this sec~ I ion huNt he iecoide 1 itt lie loll of liditi~. Fhe pioviHouN of this section ~l1ull lIlt IllicIt tile lelal oiisliip of I lie siiippei iiiil t lie (`oilsit~ulee. or t lie ielat ioIisilil) of third persons wI osi' iight s dcii ye from the shipper 01 t lie consignee. ~( ct/Oil 1~2G. ~IIie shipper shall ftiriiisli data 111(1 attach to the bill of lttdiii~ all (lo(111ue1lt~ tea tied by iNtoilis or ollul fotiiialities. p1101 10 the (leliVerV of tile `iiU0 to I lie (oli5i~fll('(. Hie s1111>per shall he liable to the (1111iei lot ill (llilil~teS \Vhlchi lilly l('SlTlt (Tile to the lack. ill(olopletelless 01 111 i'ictiie~ (Ii t use haIl 01 (l0411 ulients, except when the fault is that of the iFillO The earlier shall have no obligation to (heck thie~e dat a or docunietut s with regard to their accuracy 01, oiilpletelle5~. ~~t;~ii J,2'. The carrier 510111 l)e liable for dani~ige~ a rising froiui tile (leatli of, or bodily inlIlIv to a ~ sselit2er. \vlu'n iii e ac ident caus- lug the (itlillages occuiii'ed 11l)01i1d ii laud'! ft 01 lttiin~ ttike-otl or. lauding operat ions, as ivell as for duet (llhlii~e~ dllNe(l liv ilelaV in the air ci iu'iage of plissell ~rels. ~c((/O1(. 125. The earlier shall he lialde for (Tauliaties at' using fioni tIle destlull't ion, loss of, ou' (lauli:l~e to I'ar~o 01 lu~'~a~c ul'aisteh'ed liv the ~)i1sseu1ge1. if I lie event (atislIiO tie ilaniaties ocillued lilting the ii nue wheui t lie ltiggai~e or cargo was in I lie ~it lekeei iIi~i (It I lie `ar- rice, ie~'tiidless of wliethieu it took place oii till grotto I or aboard till ii icraft. The cattier shall also be responsul ile for la lnages wIt ichi tie t lie direct result of air carriage of luggage and cargo. ~ictWil 1217. The ~ai'rier shall be relieved fu'oiui t lie lill(ihity imposed iii ~eitiouis I ~T and 1~ of this (`ode when he proves t hit lie or pet- sons a uthio~i ze(l liv hi in liii ye t a ken all ii eeess~u iv ii let 511115 to a v( damages. or that it \vas uinpossilde to take such uiieasiiu'es. When the carrier proves that t lie fault (If the peisoui who ~Il~eied t lie (Ialllages was the use of the Illllllae~ or coOt il 111 ((1 tliei'et o. t lie court may i'd eve t lie curler froni liii Iii it y or 1 liii t ii 1 ~i il it y. ~cct;oi( /X), In else of pi55eii~e1 tl'IINpoitliioii lie llll(ihjtv ot the carrier for (llulla'es with l'e~l)i'('I to call 1cl~n~cr hiall he hililitel to the ann (11111 st i pill i~ed in jilt dual miii a ~`icei i (`lit `(11 `ciii Ii i~' lit - hility for Iii' tu'ansportatioli to \vllji'hi the ~ 0- 1 1dlrtv. Tile (ounpehlsat oil may he tiwau'ded ill I lie toinu ol period' pavnients bitt the capitalized total ainouuiil (If t hiese ~ lam 01(1 exceed the a! love mcii t ((ii e(l lllliOllflt. ~c(fO,l ill. In (`a5e of (`ll'rilae of `ll'a~ and laHIelcl lula~'aae the Ii ability oft lie i i'u'ieu' fIll el li k j 1 o~i:i 10 of a in (Ill lii20;i ne shitl 1 he limited t( the auiloiluit e~tll(lishud by intculiiI oiial i~uccneitts loll- ceu'uiuulglialluiitv for aii'tlaiispol'litioll to ~vlticli 1~a ~ N a ~itlt~. when the shipper (lehuvel's the mao 01' hii~gi~ to 11 ~il!ppdu ivitli value declared, mt las easel ability hiall h~ (leteum inch by lie ulnotilit of the (ledlau'ed value, Ilhiless the `arrueI' ~i'ove~ that it exceeds acttial (lamages. PAGENO="1168" 2568 AIR LAWS AND TREATIES OF THE WORLD In the case of loss, damage or (lela in delivery of a 1)art of the car~o or checked lu~ga~e or any article contained therein, only the overall weight of the respective package or packages shall be con- sidered in determining the amoiiiit of (`Oillpensatioii. 1-lowever, where the loss, damage. or delay of ii part of the luggage, or cargo or any article contained therein affects the value of other packages, included in the same luggage ticket or bill of lading, the overall weight of all packages must l)e considered in determining the amount of the Com- pensation. ~c'ct;on, 1.12. The liability of the carrier for pei'somil effects of a passenger shall be limited to the amount stipulated in international agreements concerning liability for air transportation to which the L.S.S.R. is a party. aS~ecf,~on 133. The limits of liability provi(ledl for in Sections 130, 131 and 13~ of this Code shall not apply when it is proved that the damage occurred as a result of intent or gross negligence of the carrier or persons authorized by him while performing their official duties. Secton 134. In the event luggage or cargo is received without ob- ject ions, it shall be assumed that is was delivered in good condition aiicl in accordance with the transport document, unless the contrary is proved. When there is damage, the person who is authorized to receive the luggage or cargo must file with the carrier a written claim immedi- ately upon the discovery of such damage. but not later than 7 days from receipt of the luggage and 14 days from receipt of the cargo. Iii the event of (lel aved (lel iverv the claim must be filed not later than ~l clays from the (late on which the luggage or cargo was put at the disposal of the recipient. In the absence of a written claim submitted within the above terms, no action may be brought inziiinst the carrier. ~ection 133. An action concerning liability shall be brought in the court. of the place where the administration of the carrier is located not later than two years from the (late. when the aircraft arrived at its destination, or from the date when the aircraft. was scheduled to arrive, or from the (late when the air carriage was interrupted. ~S~ection 136. The rules for international air carriage of passengers, luggage and cargo over the international air routes of the U.S.S.R.., shall be established by the Main Administration for Civil Aviation attached to the Council of ~\linisters of the U.S.S.R. CIIA~R TX. ISE or CiviL AVIATION AND CI\~L AERONAUTICS IN THE INDIvIDUAL BRANChES OF TIlE NATIoNAl, Ecoxo~r~ ~ect;on 137. The performance of spec-ia.l work [connected] with the use of aircraft in individual branches of the national economy (agri- culture, forest protection. service expeditions etc..), and use of air- craft in providing medical and other a.id to the population, perform- aitce of sanitary measures, and scientific research shall be made by the au' carriers of the Main Adininistratjoii for Civil Aviation attached to the Council of Ministers of the U.S.S.R. (T)thieu enterprises. organizations and agencies. which operate air- craft, may carry out flights for the above purposes only to meet. their own needs. PAGENO="1169" AIR LAWS AND TREATIES OF THE WORLD 2569 ~eetwii. 138. Any work indicated in Section 137 must be carried out in compliance with the requirements of this Code, the Basic Flight Rules for the Airspace of the IT.S.S.R., and other rules. directives and instructions issued by the Main Administ ration for ( ~ivil Aviation attached to the Council of Ministers of the I~.S.S.R. The Main Administration for the Civil Aviation attached to the. Council of Ministers of the TT.S.S.R. may establish special rules for the performance of certain kinds of work, taking into account the ~ ia I requ i reinents of such work. ~ 139. The Main Administration for Civil Aviation attached to the Council of Ministers of the F.S.S.R.. in agreement with the ministries concerned, departments and organ izat ions, ~ha II approve the basic. conditions and typical contracts for performing. in the na- tional economy, work by use of airc.raft. The performance of work, in the national economy, by use of air- craft. shall be effected according to the rates approved by the. estab- I isheci procedure. The customer must operate aircraft in accordance with the contract and the hasic conditions for the. perfoimance of work and shall be liable to the full extent for the destruction of or damage to the. aircraft which occurred due to his fault. ~ectioii 140. For injury to persons and damage to property, while performing any work indicated in this chapter. the air carrier shall he liable in accordance with Sections 101, 102, and 103 of this Code. In °a.se of death, impairment of health or other injury to the health of persons through the fault of the organization served, the air car- rier shall have the right of subrogation. Cli~~vrEn X. F[NES IMPOSED BY ADMINISTRATIVE PRO('EDFRE BY TIlE MAIN ADMINISTRATION FOR CIVIL AVIATION ATTAChED To THE C0FNCJL OF MINISTERS OF THE F.S.S.R. Nccf;on 141. The Main Administration for the Civil Aviation at.- tached to the ( ~ouncil of Ministers of t lie F.S.S.R. and `ts agencies, b adniinistrative. procedure. niav impose fines for the violation of the rules issued on the basis of this Code concerning ~ ection of order and safety of traffic rules, concerning the I rotect ion of p1'ope1~ty. or sanitary and fire-prevention rules, unless the violators are subject to more serious charges. The maximum amount of a fine shall he stated iii these rules how- ever it max not exceed 30 ruhles with respect to officials, [and] It) rubles w-ith respect to other cit izens. section 142. Fine.s shall he impn- ~ ~s~: 1) up to 10 rubles. by us st ` fs and `oinii~~iiider.~ 1)f au avation detachments: 2) up to 20 rubles, 1 )V I ic hi ief tern tons' 0101111 i st rat ion and by a commander of alt :i~ 1St on gIt alp: 3) up to 30 rubles. 1 v the ( itief of the Main Adm in istrath in for Civil Aviation attached to t lie ( `onnijI of Miiiict ens of the F.S.S.R. and the Chief of the Office of Main Inspector for Flight Safety. Secton 143. For the violation of rules conceniin~ international flights, when there is no ground for criminal prosecuting of the vio- 39-737 O-65-vol. II-74 PAGENO="1170" 2570 AIR LAWS AND TREATIES OF THE WORLD lator. the ( l~ief of the Main Administration for Civil Aviation at- ached to the Council of Ministers of the 1.S.S.R. may by admims- trot ~ve 1)rocedure. impose upon the violator a fine of up to 10 rubles. ct'oit 144. The order InIposiIi~ a fine shall l)e in writing. A copy of this order shall be handed to the violator. `fhe order imposing a fine may be appealed to the head of the supervisory agency or to the courts in a(cord~Lnce with established p r ~c e dures. ~ctoi~. 14.:. The provislnns of Set ions 141-144 of this Code con- ceriling administrative rosh)onsil)ilitv shall not extend to employees of the Main Adniinistratiou for ivil Aviation attached to the Coun- cil of Ministers of the F.S.~.R. and its agencies when the violation of the rules issued on the basis of this Code has been committed by them while carrying performing their official duties. APPENDIX TO TITlE AIR CODE OF THE US.S.R. fii i'~/i/?OO of the F7cq `oil Eia.hlem of the C~i'i7 Au Fleet of the lied (or scarlet) flag. rectangular, dimensions 150 XiS cm. In the center of the rectangle a blue isosceles triangle with its base at the staff: [dimeiisions of the triangle] [base] 40 cm. height ~S cm. In the upper pal't of the triangle at a distance of 10 cm. from the staff and ~ cm. from the edge [there is] a gold five-pointed star 8 cm. in diameter. ( )ii the blue triangle at a distance of 5 cm. from the staff [there is] the emblem of the civil air fleet. The emblem of the civil air fleet represents silver wings on a back- ground of a gold sickle and hammer. The wing span [is] 35 cm., the diameter of the circumference surrounding the sickle and hammer [is] 11.5 cm. It shall be permissible to make the flag and the emblem iii a larger and a smaller size, provided the established proportion is observed; as well as to use the emblem separately from the flag. FI~oHT RFLES F(~R FoREIGN Clvii. ATRCII\FT WITHIN TIlE TERRITORY ()J'~ TIlE 1. Any flight by a foreign aircraft across the IT.S.S.R. state border by correspoiichiiig perlilissioli and established rules is coiisiclered to be an interliot jonah fi i~hit. International flights within the territory of the LS.S.R. shall he ]lla(le ly forei n civil aircraft a. on the basis of air transport agreements concluded b the TT.S.S.R. (~rvert1!lIent with the ~overiiilieiits of foreiirn states. au the l)ilSis f s~ CC itil periulissions ohtaine(1 by diplomatic chan- ~els through the Ministry of Foreign Affairs of the ~ :~. Regular fli~hts of forei~n aircraft with F.~.S.R. territory, made it the basi~ of iuiter-~1oveI1uluiental air transport agreements, shall fol- \\ a t uiiietahle \vhich lulust he submitted beforehand by the foreign air irir~port enterprise for a~reeinent to the Main Administration of the (`ivil Aviation attached to the F.S.S.R. Council of Ministers. With the latest amendment to the Flight Rules incorporated on June 27, 1961. PAGENO="1171" AIR LAWS AXD TREATIES OF THE WORLD 2571 ~on-sciìedule flights of foreign aircraft within I .S.S.R. territory~ carried out on the basis of inter-governmental air transport agree- ment s, shall be nla(le in accordance with an appl cation. which must he siibniit ted by j foreign air transport agency to the Main A dnunistra- tion of the Civil Aviation at least 24 hours before the l)eglnlllng of the flight. 4. Flights of foreign aircraft within 1.SSR. territory, carried out on the basis of special pernhission obtained i)V diplomatic channels through the Ministry of Foreign Affairs of the F.S.SR. shall be made only with a ~()Viet escort ~rew ( navi~ratoi and radio operator) on board the foreign aircraft unless otherwise exl)resslv stipulated in the permission. Peru ission f r a 11 gut must be requested thiroii.~hi diplomatic channels not later than ~ (lays before tile l)egiflhiing of the flight. Ap- plication for permission of such a flight is to l)C SUl)nlitted in the country where the aircraft is registered. (3. The application mentioned in Paragraph of these Flight Rules must contain the following data the country to which the aircraft belongs the type of aircraft the identification [numberl of aircraft call sign of aircraft by radio telephone and telegraph frequency l)an(l of TTF and VTTF radio stat ions to be used by aircraft Ill flight name in full of the pilot iii command names of tile crew: pilot, co-pilot, navigator, radio operator and other members of the crew as well as the iiiiiiih er of passengers 011 board weather minima under which the given type of ircraft can be allowed to land point of destination of flight on ~ territory Purl)ose of flight (late and time of take-otT front the initial airport desired route nLaxinluni flight weight of the aircraft 7. When flying through the ~ air space the crews of foreign at icraft mu~t observe the Fii~lit Thiles for Foiei~n ( vii Aircraft with- iii the territory of the TT.S.S.R. presently in force. The T'.~.S.R. air space is taken to mean tile Ii 11 space over tile land and water territory of the ~ includin~ soviet territorial waters dehile(l OV tile iaw~ of the ~ ~. T"or~ i ~ii a i nra ft. tliei r (1ew~ i iid Ta ~seii ~eis (Oil 1~ i tilde r the laws in force in tile ~ \Vhile \Vithil the ~ teiritoiv. 9. General rules of eiitiv into. depait nrc froii~ tad I i;lItsit ac ross ~ ~.R tern tory sit iii a~ ~P1~ to i )Ci5( ols ann vi ng i (1 ~ (alt ill ~r from the ~ territory by forei~n a11(ialt. 10. For foreign aircraft crossing tile T~.*SR. state hoider, III (0111- dots ( entry ~lates ) are estal i ishied and for H i~1 t 5 tel oss I he terribly of I lie I.~.~.I~.-aii' noutes. `The widt h of an a in route is estitbi islted with ill tie ii iii its of ~0-ki ho- ineteis. it) Ri 1 onieters 011 eacll si(le of the a in 10111 e enteil iii e. how- ever in some re~ion s (Z nies) tile w i dt ii of tn a it F( ii it e it~ a y IC red need to lo kilometers. PAGENO="1172" 2572 ~ar L~W5 ~D TREATIES OF THE WORLD ~ r~w~ of forcht~i a iaiaft. f~uiii a distance of 100-150 kilome- In ford ~rossin~ tha U.S.S.R. state border, contact the Area Air ~aff: (Um i~)i in nrdei a communicate t)y microphone in Russian ~ta~e froiit icr and request clearance to cross-flight alti- tude--- dentification nimil ~er of ai inca ft" : and after crossing the U.S.S.R. state border: `Have crossed state border, flight altitude and rime of ~ross:n~. When it is impossible to continue the flight (due to inclement weath- er conditions, equipment out of order or other reasons), the U.S.S.R. state border may be recrossed through the same air corridor and the crew of the aircraft ~hal1 report in Russian to the nearest airport with `vbicli it is in contact : `~Forced to return-aircraft identification num- her-flight altitude". 12. All foreign aircraft within the territory of the U.S.S.R. shall fly at assigned flight levels depending upon the flight direction. 13. Flight levels are estal)lishedl as follows: by altimeter setting to standard atmospheric pressure (p=76O mm of mercury column') for flight directions with a true `iziniuth from O°--179° the as- signed altitudes shall be : 600 in. 1200 ni. 1800 i'ri, 2400 in, 3000 in. 3600 m. and ao on by multiples of 600 in up to 6000 ni and begin- ning with tlie altitude of 6000 rn and upwards the flight levels shall i~e calculated with multiples of 2000 m for flight directions with a true azimuth from 180°-359° the flight levels shall he: 900 m. 1500 m. 2100 m. 2700 m, 3300 m, 3900 iii. and so on by multiples of 600 iii up to 5700 m. Beginning with the altitude of 7000 in, and upwards flight levels are calculated with multiples of 2c00 iii. The change ~o U.S.S.R. vertical separation rules by crews of coun- tne~ where different rules are in force w-ill be effected at the instruc- tions of the appropriate Arc-a Air Traffic Control. All foreign aircraft shall enter the U.S.S.R. air space at a flight ~t~tit.ude thy an altimeter set to standard atmospheric pressure p=760 mni of mercury column ) assigned by the. Area Air Traffic Control. 14. The upper and lower flight level) altitude limits shall 1)e mdi- (`ctedl in each indivi(lual case in the flight permission. 15. The flight altitude is assigned in each individual case by the flight plan approved by the appropriate air traffic control unit of the Civil Air Fleet thrcnigli whose area the flight is phinned. 16, The assigned flight altitude of a foreign aircraft within the U.S.S.R. territory. ma~' he changed either prior to or during the flight and irrespective of weather conditions oni w-ith the permission of the appropriate Air Traffic Control unit of the Civil Air Fleet providing the air traffic control to the given aircraft. 17. Deviation from the limits of the air corridor when crossing the U.S.S.R. state border and from the limits of air routes when fling a*~ross the U.S.s.R. territory is categorically forbidden. 18. If the crew of a foreign aircraft is uncertain as to whether they are correctly carrying out the flight instructions, they must contact the appropriate Air Traffic Control Service of the U.S.S.R. Civil Avia- 11011 and request to be told ti ieir position. I I). In the event i `foroi~n airii'aft devfflt@~ from it~ ro~t~, rh~ Air Traffic Control itilit providing control to its movements renders it all possible assistance to lead it back to the assigned route but does not PAGENO="1173" AIR LAWS AND TREATIES OF THE WORLD guar°nte~ the so fetv of flight ouL11cIe of the assigned route and lovirs no i'esiionsiltil iv whatever fm this 11 :ght. ~O. Aircra ft mliv land at tin airport mdv wLe~ ~iveli olin tile Air Traflic Control service of the given airport E~l. Every ~ orei~n aircraft on a ~c1aed ii let I or 11 cu st ctt: l~ wiil1in toe ~ territory must have the fh~vt.~ to llo~I0° );` 1)001(1: a. aircl'a ft. regist ratI()1l (cit ticate: ~). airworthiness cerl ific:ite: c. li('eflses of each meniher of the ciew: ci. pilot log-hook e. register and sei't'ic~- lIst lor the !`:, ho e:i° l)iUeilc en f. passenger list indicatn~ nu'llec-t iChtAi':t tern g. cargo manifest, giving descripticnt an:l w'e~~1~t 11. clearance [if this is a non-scheduled fL~rht I. 22. In all cases when an aircra ft buds :1) the soviet Tiiion, the appropriate TT.S.S.R. authorities hove the ~ IFHpth' the ah'cra ft and check all the documents which should he it hoard. 23. `When flying within the territory of the soviet 1111011. foreign aircraft miiv not. transport explosives. \Ve(ti)0iis. lItltl1il1l 11(11. iìuilitarv equipment, or homing ~)lgeons. 24. A foreign aircraft firing in tile I .S*fL t'spave rni rolal h the fli~ht instructions or not cOuilp]1'iflg iVtll h~eh~nt !`li'tlellSf)f tile n Ti )flI( Couiti ol ~( ~`\ ii 0 ~ i tie I ~ ~ i~ ( i i ~ 1 1 0\ 1(111 J air traffic control to the ~1VPi1 atrnraft lHtAiiSt tIered a s' :(Iiil' 011(1 forced to 1013(1 ~ii the ace lea] an('t't I)~' l)t~'~l lui:itn~' ~ 4~ 1)efein~e. ~ gun is ~rivon by patrea plailOs 0! tiie A i' 1(0 (~( ..z(' ~. (~ torllri't'aft 01111 its'"et ;vsi~nt1s: Y' Meaning of signal Evolutions of aircraft not hiii:inng of Fvr:.nI:ntcs navigation heats A. SIGNALS GiVEN RN PLA\'F,S OF THE SIP OnFENSE Attention, von ire a viola- By 1ev Rockinc [repeated 3 times] - (it eye': a. rotec'rinic sivoat. By nRli~: Three flashes of ft' navi- Ut" `a :- COt ..i'.'ti',O sign-al. cation tights. Folaow me ~ lay: A fh'r ov'rtaki:a~ the a-iohoiur tin a parallel l,''aclin_r. Tackinc what's from post t ion it front of the in sir- eepted aircraft n d turninc 7(,( :nho the course of ti: airport. By niSht: Sims `rscedure as ~luring the day, tilus a rise of flashes. ``Land at this airport By day: Ender VFR--circling the airfield. Under IFR-eirchin~ ito- airfield and beginning the or-: proach. - By night: Turn into flnal aGjr:'aci- with landing liehts swin-O''t ``Comply sOth my orders By day: Rocking wings while dug (Tel ret r:rotechr.: sigre. otherwise your safety is not along narallel headings. guaranteed.' Ba' night Flashing navigation lights : On' red pyrotechnic signal. while flying atong parallel h''dines ``You may proceed By clay: Ahrupt hreate away aid tie- partur-~ by clinabing. By nitht: Same procedure as (luring 6 `Roger. W ilco",., By it~r- Rocking wings. By nIght: Flashine nav:gation Tights. PAGENO="1174" 2574 AIR LAWS AND TREATIES OF THE WORLD 2I~. A fcu'ei ~n a ir('raft wh irh 1 arided on the territory of the Soviet ((11 TIlider ci i'uin~T ances indi(ate(l in Paragraph 24 niily continue ii ~l t only with the perIni~su)11 of the Main Adiiìiiiistiation of the (`i x-ih Aviat ion arra('hied To the ~ Council of Ministers. When tlvm~ with in t lie territory of the soviet Fiiion foreign it uews dial 1 he ~uided Lv the following plovisious: (0mm tiflicat 1(1 : a r-~roiiiid and grouiid-a i r is carried on in T~iis~uan units of n asureinentsar e: a ~rth-kilon1eters. temperature- c1e~rees Centigrade. barometii' ssure-mill imetersz of mercury col nfl 111. ii i n fe rei i(e - degrees. `. When f1vin~r within the territory ~f the soviet I mon. the crews of ford on a jrcraft flIliSt mi litain comn llTflic~ltiO1l in accordance with the instructions and on frequencies (wave len~tll5~ prescribed l)y the i\[a in Administration of the Civil Aviation attached to the F.S.~.R. Council of Ministers. ~o ail'('F:ift may fly without a two-way conimunication with the Air [`raffle (c)ntmol service. In case the wireless equipment fails during the fli~hit. the crew must land their aircraft at the nearest alternate a import. 29. Custom i n~pectioii of a ircmaft arriving from and depart jug for foreign countries of their cargoes as well as of the luggage and hand l)a~r~'age of passengers and meml)ers of the crew is carried out iii ac- `ordance with custom regulations in force in the F.~.SR. Xo aircraft may take off from or land at an airport or any other l)lace in the ~ where there ale no customs offlees and border control passage stat ions. ~ft If. as a result of all eiiiergelicv. the crew of a foreign aircraft is forced to land at a pl ace other than the assigned regul al or alternate airport, the pilot-ui-command shall immediately inform tile appro- priate Air Traffic Control service. which will take corresponding measures to secure The cafety of the aircraft and render assistance to the crew and passe11~ers. All photo and moving picture cameras [including those for which there is a written perniissionl transported in the aircraft shall he kept emptY in closed suitcases. Taking pi ct tires from a i rcra ft is pio7i Th ;fcd.4 `rransportatioii of photographic equipment for aerial and special types of photogi~ipliv [even if this equipment is packed] is /)rO7l,bth~d.4 Passengers on hoard are not allowed to have radio apparatus [in- eluding pocket radio ieieiversl . Radio appamatils [including pocket P0(110 recei versl can he transported only in cases arRi registered as luggage. but not as a hand baggage. Radio apparatus has to he swit(hed off. :h2. Iii the ~ air space objects may he dropped and parachutes may be used only iii distress. A parachute may he carried on hoard only t f this is stipulated in the ii ission for the flight. ~ In the event a flight crew member oi a passenger falls ill, the Pilot-rn-command must, either from the aircraft or upon lauding, in- form the Air Traffic Control Service of the airport so that necessary imelv medical assist ance might he pro~'ided. Nr~.-Word in italic is capitalized in the Russian text. PAGENO="1175" AIR LAWS AND TREATIES OF THE WORLD 2575 34. Criminal proceedings in accor(laIlce with the hiws of the F.S.S.R. will be instituted against the violators of f1i~lit rules [entry into or departure from the Soviet ITnion without periui ission, landing in places other than the assigned re iilar or alternate airport, non- obs~ervance of the corridors across the state border an(l air routes pie- scribed in the J)ermission, flight without a two-way (Ommunicat loll]. Iii (ase when there are no grounds for institut 1n~ eiiiiiinal I)io~ee(l- illgsuzailnzt the violators, the Chief of the Maui Administration of he Civil Aviation attached to the ~ Coiinil of Ministers may impose a tine of up to 300 rlII)les. 35. In radio communication between foreign aircraft and the Air Traffic Control Service of the Civil Air Fleet, airports and locations are designated by their geographic names in Russian. PAGENO="1176" PAGENO="1177" UNITED KINGDOM PRELIMINARY At present, two basic air laws are in force in Great Britain: the Civil Aviation Act, 1949 (12, 13 and 14 Geo. 6, c. 67), and the Air Cor- porations Act., 1949 (12, 13 and 14 Geo. 6, c. 91), as amended by the Air Corporations Ac.t, 1953 (2 and 3 Eliz. 2, c. 7) and the Air Corpora- t.ions Act, 1956 (5 Eliz. 2, c. 3). The Civil Aviation Act, 1949 came into effect. on November 24, 1949, and the Air Corporations Act, 1949, on December 16, 1949. The Civil Aviation Act, 1949 repeals and replaces prior Acts on civil aviation with the exception of the Carriage by Air Act, 1932 and the laws relating to Air Corporations. The latter is replaced by the Air Corporations Acts, 1949 to 1956. The main acts replaced by the Civil Aviation Act, 1949, a.re: the Air Navigation Act, 1920; the Air Navigation Act, 1936 (except. sections 24, 26 and Fourth Schedule) the Air Navigation Act., 1938; the Ministry of Civil Aviation Act, 1945 and the Civil Aviation Act., 1946 (except. as these two acts refer to Airways Corporations) the Air Navi~ation Act, 1947. The Air Corporations Acts, 1949 to 1956 replaced the following acts: t.he British Overseas Airways Act., 1939; the Ministry of Civil Aviation Act., 1945 (except as not. repealed) ; the Civil Aviation Act, 1946 (exc.ept as not repealed) the Finance Act. 1947: the Airways Corporations Act, 1949. See also notes in llalsburys Statutes of Eng- land, second ed., vol. 28 (1948-1949), pp. 192-311, and d. cumulative supplement. (1957) pp. 102-120. In view of the British system, modifications in the Acts are indi- cated in footnotes. The texts of the Air Corporations Act, 1953 (2 and 3 Eliz. 2, c. 3), id., vol. 3~, p. 52. For application of t.he Acts to parts of the British Isles and posses- sions, see Halsbury's Statutes of England, second ed., cumulative sup- plement (l957),pp. lO2to 120. 2~77 PAGENO="1178" PAGENO="1179" \1I~ L \\V~ .\NI) ~\TIL:~ 1:1 II~1 2579 [22 & 23 GE0. 5.] Carriage by Air [Ca. 36.3 Act, 1932. CHAPTER 36. An Act to give effect to a Convention for the A.D. 1932. unification of certain rules relating to inter- - national carriage by air, to make provision for applying the rules contained in the said Conven- tion, subject to exceptions, adap,tç~tions and modifications, to carriage by air ~vhich is not international carriage within the meaning of the Convention, and for purposes connected with the purposes aforesaid. [12th July 1932.] ~1TH~EREAS a Convention for the unification of YY certain rules relating to international carriage by air was on the twelfth day of October, nineteen hundred and twenty-nine, signed at Warsaw on behalf of His Majesty: And whereas it is expedient that provision should be made for giving effect to the said Convention: And whereas it is also expedient to make provision for applying the rules contained in the said Convention, subject to exceptions, adaptations and modifications, to carriage by air which is not international carriage within the meaning of the Convention: Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :- 1.-(1) As from such day as His Majesty may by Provisions Order in Council certify to be the day on which the of Conven- tion to ha'~e force of law. PAGENO="1180" 2580 AID L.~WS AND TREATIES OF THE WORLD A.D. 1932. Convention comes into force as regards the United King- - dom, th~ provisions thereof as set out in the First Schedule to this Act shall, so far as they relate to the rights and liabifities of carriers, passengers, consignors, consignees and other persons and subject to the provi- sions of this section, have the force of law in the United Kingdom in relation to any carria~ge by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage. (2) His Majesty `may by Order in Council from time to time certify who are the High Contracting Parties to the Convention, in respect of what territories they are respectively parties and to what extent they have availed themselves of the provisions of the Additional Protocol to the Convention, and any such Order shall, except in so far as it has been superseded by a sub- sequent Order, be conclusive evidence of the matters so certified. (3) Any reference in the said First Schedule to the territory of any High Contracting Party to the Con- vention 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 seventeen of the said First Schedule on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger either under any statute or at common law, and the provisions set out in the Second Schedule to this Act shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced. (5) Any sum in francs mentioned in Article twenty- two of the said First Schedule shall, for the purposes of any action against a carrier, be converted into, sterling at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court. For Orders under Subsection 2( see the Carriage by Air (Parties to Convention) Order. 951. S I 95 No. 1386. the Carriage by Air Parties to Convention) (No. 2) Ord S I 1° N 1 44 ih Car age hs ~i (Pa t es to Con ention( (No 3( Order. 952 ,S. 1. 952. No. 21(35. the Carriage by Air (Parties to Convention) No. 4) Order. 1953. 6 I 1953. No. 1955. the Carriage by Air Parties to Convention~ No. St Order. 1955. S I. 195.5. No 69?. the Carriage by Air Parties to Convention) (No. 6 Order. I °56. S. I. 956, No. 83. PAGENO="1181" 1. \\V~ .\~l) Ti~F..\] 1J~ VT IJE W(HJ,I) 2581 2. Every High Contracting Party to the Con- A.D. 1932. vention who has not availed himself of the provisions of the additional Protocol thereto shall, for the purposes of any action brought in a court in the United Kingdom in against accordance with the provisions of Article twenty-eight High Con- of the said First Schedule to enforce a claim in respect tracting of carriage undertaken by him, be deemed to have Parties who submitted to the jurisdiction of that court, and accord- ingly rules of court may provide for the manner in air. g which any such action is *to be commenced and carried on; but nothing in this section shall authorise the issue of execution against the property of any High Contracting Party. 3. His Majesty may by Order in Council direct that Application the foregoing provisions of this Act shall extend, subject of this Act however to such exceptions, adaptations and modifica- to colonies, tions, if any, as may be specified in the Order, to all or any of the following territories, that is to say, the Isle of Man, any of the Channel Islands, any' colony and any territory which is under His Majesty's protection, or in respect of which a mandate from the League of Nations is being exercised by His Majesty's Government in the United Kingdom. 4. His Majesty may by Order in Council apply the Provision provisions of the First Schedule to this Act and any for applying provision of section one of this Act to such carriage by Act to air not being international carriage `by air as defined in caIT1~tge by air which the said First Schedule, as may be specified m the is not inter. Order, subject however to such exceptions, adaptations national. and modifications, if any, as may be so specified. Any such order may extend to the United Kingdom, and to all or any of the territories mentioned in the last preceding section. 5.-(1) An Order in Council made under either of Provisions the two last preceding sections may contain such conse- as to Orders quential provisions as His Majesty in Council thinks fit, in Council. and may be varied or revoked by a subsequent Order in Council. (2) Every such Order in Cou~dil shall be laid before Parliament so soon as may be after- it is made. 6. This Act may be cited as the Carriage by Air Short title. Act, 1932. - __________ 2 For Orders under this and other sections of this Act see Halsburv's Statutes, Cumu- lative Supplement, 1957, pp. 103. 104. PAGENO="1182" 25~2 \ifl L ~ A\1~ TFF~TIF~ OF THE WOELT) SCHEDULES. FIRST SCHEDULE. CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR. CHAPTER I. SCOPE.-DEFLNITIONS. Arlicle 1. (1) This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. (2) For the purposes of this Convention the expression "international carriage means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the tern-. tory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention. (3) A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract PAGENO="1183" l~ 1\\V~\\ u ii~ L 2583 or a series of contracts is to be performed entirely within a A.D. 1932. territory subject to the sovereignty, suzerainty, mandate or - authority of the same High Contracting Party. 1ST S0E. -cont. Article 2. (1) This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1. (2) This Convention does not apply to carriage performed under the terms of any international postal Convention. CHAPTER II. DOCUMENTS OF CARRIAGE. SECrI0N 1.-PASSENGER TICKET. Article 3. (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars :- (a) the place and date of issue; (b) the place of departure and of destination; (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall no~ have the effect of depriving the carriage of its international character; (d) the name and address of the carrier or carriers; (e) a statement that the carriage is subject to the rules relating to liability established by this Convention. (2) The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit his liability. SECFION 2.-LUGGAGE TICKET. Article 4. (1) For the carriage of luggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a luggage ticket. (2) The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier. PAGENO="1184" 2584 AIH LAW-~ AND TF~EATIES OF THE WORLD .A.D. 1932. (3) The luggage ticket shall contain the following par- ticulars :- (a) the place and date of issue; (b) the place of departure and of destination; (c) the name and address of the carrier or carriers; (d) the number of the passenger ticket; (e) a statement that delivery of the luggage will be made to the bearer of the luggage ticket; (f) the number and weight of the packages; (g) the amount of the value declared in accordance with Article 22 (2); (h) a statement that the carriage is subject to the rules relating to liability established by this Convention. (4) The absence, irregularity or loss of the luggage ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (d) (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability. SECTION 3.-AnI CONSIGNMENT NOTE. Article 5. (1) Every carrier of goods has the right to require the con- signor to make out and hand over to him a document called an "air consignment note "; every consignor has the right to require the carrier to accept this document. (2) The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention. Article 6. (1) The air consignment note shall be made out by the consignor in three original parts and be handed over with the goods. (2) The first part shall be marked "for the carrier," and shall be signed by the consignor. The second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted. PAGENO="1185" AI1~ LA\V~ AND TI~EATI OF THF W()RLD 2585 (3) The carrier shall sign on acceptance of the goods. A'.D. 1932. (4) The signature of the carrier may be stamped; that of the lsTSdu. consignor may be printed or stamped. -cont. (5) If, at the request of the consignor, the carrier makes out the air consignment note, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. Article 7. The carrier of goods has the right to require the consignor to make out separate consignment notes when there is more than one package. Artide 8. The air consignment note shall contain the following par- ticulars (a) the place and date of its execution; (b) the plaee 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; (ci) 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; (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 Ar'icle 22 (2); (n) the number of parts of the air c3nsignment note; (o) the documents handed to the carrier to accompany the air consignment note; 39-737 0-03-vol. 1I-73 PAGENO="1186" 2586 AIR LAWS AND TREATIFS OF THE WORLD A.D. 1932. (p) the time fixed for the completion of the carriage and - a brief note of the route to be followed, if these matters lx. have been agreed upon; (q) a statement that the carriage is subject to the rules relating to liability established by this Convention. Article 9. If the carrier accepts goods without an air consignment note having been made out, or if the air consignment note does not contain all the particulars set out in Article 8 (a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability. Article 10. (1) The consignor is responsible for the correctness of the particulars and statements relating to the goods which he inserts in the air consignment note. (2) The, consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrect- ness or incompleteness of the said particulars and statements. Article 11. (1) The air consignment note is prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage. (2) The statements in the air consignment note relating to the weight, dimensions and packing of the goods, as well as those relating to the number of packages, are prima fade evidence of the facts stated; those relating to the quantity, volume and condition of the goods do not constitute evidence against the carrier except so far as they both have been, and are stated in the air consignment note to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods. Article 12. (1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right. PAGENO="1187" AII~ LAWS AND TI~F:ATIF:S OF THF WoRLD 2587 (2) If it is impossible to carry out the orders of the consignor AD. 1932. the carrier must so inform him forthwith. - 1ST Scu. (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, ho will be liable, without prejudice to his right of recoveryfrom the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air consignment note. (4) The right conferred on the cOnsignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicated with, the consignor resumes hi~ right of disposition. Article 13. (1) Except in the circumstances set out in the preceding Article, the consigneo is entitled, on arrival of the goods at the place of destination, to requiro the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of the charges duo and on complying with the conditions of carriage set out in the air consignment note. (2) Unloss it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. (3) If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage. Article 14. The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether ho is acting in his own interest or in the interest of another, provided that lie carries out the obligations imposed by the contract. Article 15. (1) Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each othor or the mutual relations of third parties whose righ.ts are derived either from the consignor or from the consignee. (2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air consignment note. Article 16. (1) The consignor must furnish ,such 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 ho delivered to the consignee. The consignor is liable to the PAGENO="1188" 2588 AIfl LAW~' :~\D TREATTF;S OF THE WORLD A.D. 1932. carrier for any damage occasioned by the absonce, insufficiency - or irregularity of any such information or documents, unless the 1ST SCE. damage is due to the fault of the carrier or his agents. -cont. (2) The carrier is under no obligation to enquire mto the correctness or sufficiency of such information or documents. ChAPTER III. LIABILITY OF THE CAuRIER. Article 17. Tho 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 placo on board the aircraft or in the course of any of the operations of embarking or disembarking. Article 18. (I) 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 sustained took place during the carriage by air. (2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. (3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. if, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or trans-shipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. Article 19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods. Ar1~cle 20. (1) The carrier is not liable if he proves that he and his agents have taken all neces~ary measures to avoid the damage or that it was impossible for him or them to take such measures. (2) In the carriage of goods and luggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navi- gation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage. PAGENO="1189" AIR I~AW~ AND TnI:ATIE~ OF THE WORLD 2589 Article 21. A.D. 1932. If the carrier proves that the damag~ was caused by or contributed to by the negligence of the injured person the Court -cons. may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability. Article 22. (1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liabffity. (2) In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery. (3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger. (4) The sums mentioned above shall be deemed to refer to the French franc consisting of 65~ milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figures. Article 23. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention. Article 24. (1) In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention. (2) In the cases covered by Article 17 the provisions of the precediiig paragraph also apply, without prejudice to the ques- tions as to who are the persons who have the right to bring suit and what are their respective rights. PAGENO="1190" 2590 AIR L \\V~ AN[) TREATIES OF THE WORLD A.D. 1932. Article 25. 1~rScu. (1) The carrier shall not be entitled to avail himself of the -cont. provisiori~ of this Convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct. (2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment. Article 26. (1) Receipt by the person entitled to delivery of luggage or goods without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage. (2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal. (3) Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid. (4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part. Article 27. In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate. Article 28. (1) An action 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 ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination. (2) Questions of procedure shall be governed by the law of the Court seised of the case. PAGENO="1191" AIR LAWS AND TflEATIES~ OF THE WORLD 2591 Article 29. A.D. 1932. (1) The right to damages shall be extinguished if an action ~ is not brought within two years, reckoned from the date of -cont. arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) The method of calculating the period of limitation shall be determined by the law of the Court seised of the, case. Article 30. (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision. (2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. (3) As regards luggage or goods, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee. CHAPTER IV. PROVISIONS Rxr.~rn~a TO COMBINED CARRIAGE. Article 31. (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1. (2) Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air. PAGENO="1192" 2592 AIR LAW-~ AND TREATIES OF THE WORLD A.D. 1932. CHAFFER V. lsr Scx. GENRRAL A~D FINAL PROVISIONS. -conS. Article 32. Any clause contained in the contract and all special agree- ments entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Conven- tion, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of goods arbitration elauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28. Article 33. Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention. Article 34. This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage p~rformed in extraordinary circumstances outside the normal scope of an air carrier's business. Article 35. The expression "days" when used in this Convention means current days not working days. Article 36. The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties. Article 37. (1) This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties. (2) As soon as this Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth PAGENO="1193" AIl~ LAWS AND TU I:\TII;~ ~F TNT: \V1)T~LD 2593 ratification. Thereafter it shall come into force between the High A.D. 1932. Contracting Parties who shall have ratified and the High Con- - tracting Party who deposits his instrument of ratification on the 1ST Sou. ninetieth day after the deposit. (3) It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification. Article 38. (1) This Convention shall, after it has come into force, remain open for accession by any State. (2) The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof. (3) The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland. Article 39. (1) Any one of the High Contracting Parties may denounoe this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Govern- ment of each of the High Contracting Parties. (2) Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the Party who shall have proceeded to denunciation. Article 40. (1) Any High Contracting Party may, at the time of signa- tore or of deposit of ratification or of accession declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty. (2) Accordingly any High Contracting Party may sub- sequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his original declaration. (3) Any High Contracting Party may denounce this Conven- tion, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty. PAGENO="1194" 2594 AIR LAWS AND TREATIES OF THE WORLD A.D. 1932. Article 41. i~ s~. Any High Contracting Party shall be entitled not earlier than -cont. two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Conven- tion. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference. This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930. [Here follow the signatures on behalf of the following countries Germany, Austria, Belgium, Brazil, Denmark, Spain, France, Great Britain and Northern Ireland, the Common- wealth of Australia, the Union of South Africa, Greece, Italy, Japan, Latvia, Luxembourg, Norway, the Nether- lands, Poland, Roumania, Switzerland, Ozecho-Slovakia, the Union of Soviet Socialist Republics, and Yugoslavia.] ADDITIONAL PROTOCOL. (With reference to Article 2.) The High Contracting Parties reserve to themselves the right tr declare at the time of ratification or of secession that the first paragraph of Article 2 of this Convention shall not apply to inter- national carriage by air performed directly by the State, its colonies, protectoratea or mandated territories or by any other territory under its sovereignty, suzerainty or authority. [This additional Protocol was signed on behalf of the same countries as those above mentioned.] PAGENO="1195" AIR LAWS AND TREATIES OF THE WORLD 2595 SECOND SCHEDULE. A.D. 1932. PROVISIONS AS TO Li~urry OF CARRIER 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 sustained damage by reason of his death. In this paragraph the expression "member of a family" means wife or husband, parent, step-parent, grandparent, brother, sister, half-brother, half-sister, child, step-child, grandchild: Provided that, in deducing any such relationship as aforesaid, any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adopters. 2. An action to enforce the 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 paragraph enforceable, but only one action shall be brought in the United Kingdom in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in the United Kingdom or, not being domiciled there, express a desire to take the benefit of the action. 3. Subject to the provisions of the next succeeding paragraph, 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 (or, where the action is tried with a jury, the jury) direct. 4. The Court before which any such action is brought may at any stage of the proceedings make any such order as appears to the Court to be just and equitable in view of the provisions of the First Schedule to this Act limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside the United Kingdom in respect of the death of the passenger in question. PAGENO="1196" Civil Aviation Act, 1949 12 & 13 GEO. 6. CH. 67 ARRANGEMENT OF SECTIONS PART I CEm'iw.~ ADMIN~STRATI0N Section 1. Appointment and functions of Minister of Civil Aviation. 2. Oath of allegiance and official oath. 3. Appointment of officers, remuneration and expenses. 4~ Capacity to sit in House of Commons. 5. Seal, style and acts of Minister. 6. Transfer to Minister of property, rights and liabilities relating to cjvil aviation. 7. Delegation of certain functions of Minister. PART II REGULATION OP Civm AVIATION General 8. Power to give effect to Chicago Convention and regulate air navigation. 9. Control of aviation in time of war or eiñergency. 10. Investigation of accidents. 11. Dangerous flying. Air Transport 12. Air Transport Advisory Couicil. 13. Licensing of air transport and commercial flying. 14. Information as to air transport undertakings and use of customs aerodromes. 15. Terms and conditions .of employment of persons employed by air transport undertakings. PART Ill AERODROMES AND OTHER LAND Minister's Aerodromes 16. Minister's power to provide aerodromes. 17. Consultation with local bodies. 18. Sanitary control on Mirdster's aerodromes. (2596) PAGENO="1197" AIR LAWS AXD TEF:ATIE~ OF THE WORLD 2597 Local-Authorities' Aerodromes Section 19. Power of local authorities to provide aerodromes. 20. Power to carry on ancillary businesses. 21. Provisions as to London. 22. Other statutory bodies in Northern Ireland. Ministers' power over land in connection with civil aviation 23. Power to acquire and manage land. 24. Power to obtain rights over land. 25. Power to prohibit or restrict use of civil aerodromes. 26. Power to exercise control over land in the interests of civil aviation. 27. Indication of presence of obstructions near licensed aerodromes. 28. Power of Minister of Transport to stop up and divert highways, etc., in the interests of civil aviation. 29. Power of entry for purposes of survey. 30. Special provisions relating to statutory undertakers. 31. Displacements from land. 32. Consecrated land and burial grounds. 33. Registration of certain orders in the register of local land charges. 34. Notices. 35. Exemptions from stamp duty. 36. Compensation of officers. Supplemental 37. Power to appoint special constables. 38. Trespassing on licensed aerodromes. 39. Expenses of Part III. P~T IV LIABILITY FOR DAMAGE, ETC., CAUSED BY AIRc1c&vr 40. Liability of aircraft in respect of trespass, nuisance and surface damage. 41. Nuisance caused by aircraft on aerodromes. 42. Limitation of liability. 43. Compulsory third-party insurance. 44. Certificates of insurance or security. 45. Rights under policies, etc. 46. Offences in connection with policies, etc. PAGENO="1198" 2598 ~ir~ LAWS AND TREATIES OF THE WORLD Section 47. Survival of causes of action in Northern Ireland. 48. Power to give effect to Rome Convention. 49. Supplemental provisions for Part IV. 50. Commencement of certain provisions in Part IV. PART V MISCELLANEOUS 51. Application of law of wreck and salvage to aircraft. 52. Application to seaplanes of regulations as to ships. 53. Exemption of aircraft and parts thereof from seizure on patent claims. 54. Explanation of Carriage by Air Act, 1932. 55. Recording and registration of births and deaths,.etc. 56. Custody and disposal of lost property. PART VI SUPPLEMENTAL 57. Orders in Council. 58. Detention of aircraft. 59. Extra-territorial effect. 60. Offences. 61. Savings. PART VII GENERAL 62. Jurisdiction. 63. Interpretation. 64. General application to Scotland. 65. General application to Northern Ireland. 66. Application to H.M. dominions. 67. Application to Channel Islands and Isle of Man. 68. Transitory provisions. 69. Amendments of other enactments. 70. Repeal and savings. 71. Short title. PAGENO="1199" AIR LA\VS~ .\ND TREA1'IF;~ OF yi-ii; WORLD 2599 SCHEDULES: First Schedule-Provisions relating to certain orders under Part III. Second Schedule-Provisions relating to. orders under s. 25. Third Schedule-Provisions relating to directions under s. 26. Fourth Schedule-Adjustments of the functions of statutory undertakers. Fifth Schedule-Limits of liability. Sixth Schedule-Provisions as to policies of insurance, securities and deposits. Seventh Schedule-Survival of causes of action in Northern Ireland after death. Eighth Schedule-Patent claims against aircraft not pro- tected under Chicago Convention. Ninth Schedule: Part I-Provisions which may be adapted for Northern Ireland. Part Il-Provisions which may be extended to the Colonies, etc. Tenth Schedule-Orders for the Compulsory purchase of land in Northern Ireland under s. 19 (2). Eleventh Schedule-Amendments of other ena~ctments. Twelfth Schedule.-Repeals. PAGENO="1200" PAGENO="1201" .\Ili L.\\V-' .\NI) 1'lil..\Tl I;~ (IF Till: WOIiLI) 2601 CHAPTER 67 An Act to consolidate. the enactments relating to civil aviation, other than the C~rri~ge by Air Act, 1932, and. other than the enac~tments relating to the cpnstitution and funetibns ~ of the Air'~ays Corporations. [24th Nnvember 1949.] BE it enacted by the King's most Excel~nt Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as fo1l~ws :- PART I CENTRAL ADMINISTRATION 1.-(l) It shall be lawful for His Majesty to appoint a Appointment Minister of Civil Aviation' (in this Act referred to as "the and functions Mini~t~r ") who shall be charged with the general duty of ~j ~~is*tei~ of org4fl~sing, carrying out .and encouraging measures for the- V viation. development of civil avidtion, for the designing, development and production of civil aircraft, for the promotion of safety and efficiency in the use thereof, and for research into questions relating to air navigation: Provided that this subsection shall not authorise the produc- tion of civil aircraft by the Minister. (2) The acquisition and disposal of aircraft, aero-engines and aviation equipment in discharge of the Minister's said duty shall be subject to the approval of the Treasury. 2. The Minister shall take the oath of allegiance and the Oath of official oath, and the Promissory Oaths Act, 1868, shall have allegiance and effect as if the name of the Minister were included in the first official oath. Part of the Schedule to that Act.2 Now: Minister of Transport and Civil Aviation: section is repealed so far as it relates to the appointment of a Minister of Civil Avtation. See the Transfer of Func- tionsLMirsistry~ of çisil Aviation) Order, 1953, S.L1953. No. 1204. _________ Sections 2-4. Repealed by the Transfer of Functions (Ministry of Civil Aviation( Order, 1953. S. I. 1953, No. 1204. 30-737 O-65-vol. II---'iO PAGENO="1202" 2602 ~jj~ i~ws AND THEATIES OF THE WORLD PART I 3.-(l) The Minister may appoint a Parliamentary Secretary, -cont. and such other secretaries, officers and servants as he may with Appomtrnent the t~onsent of the Treasury determine. remuneration (2) There shall be paid- and expenses. (a) to the Minister, an annual salary not exceeding five thousand pounds; (b) to any Parliamentary Secretary appointed by the Minister, and to any other secretaries, officers and servants appointed by the Minister, such salaries or remuneration as the Treasury may determine, and for the purposes of section six of the Ministers of the Crown Act, 1937 (which makes provision against duplicate salaries) any salary payable under this subsection to the Minister or to * any Parliamentary Secretary appointed by him shall be deemed to be a salary payable under that Act. (3) The salary of the Minister and his expenses (including any salaries or remuneration payable under paragraph (b) of the last foregoing subsection) shall be defrayed out of moneys provided by Parliament. Capecity to 4. A person holding office as Minister of Civil Aviation, or sit in House of as Parliamentary Secretary to the Ministry, shall not thereby Commons. be rendered incapable of being elected as a member of the Commons House of Parliament, or of sitting or voting as such a member. Seal, style and 5.-(l) The Minister shall for all purposes be a corporation ~"-" sole, and shall have an official seal, which shall be authenticated Mmist.r. by the signature of the Minister or of a secretary to the Ministry or of any person authorised by the Minister to act in that behalf. (2) The seal of the Minister shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Minister and to be sealed with the seal of the Minister authenticated in the manner provided by this section, or to be signed by a secretary to the Ministry or any person authorised as aforesaid, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown. (3) A certificate signed by the Minister that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of that fact. (4) The Documentary Evidence Act, 1868, shall apply to the Minister as if his name were included in the first column of the Schedule to that Act, and as if he or a secretary to the Ministry 2. See note 2 supra. Sb See note 2 supra. PAGENO="1203" AIR LAWS AND TREATIES OF TIlE WORLD 2603 or any person authorised by him to act on his behalf were men- PART I tioned in the second column of that Schedule, and as if the -coni. regulations referred to. in that Act included any document issued by the Minister.~ 6.-(l) Any property vested in, right enjoyed by, or liability Transfer to incumbent on the Secretary of State for the purposes of civil Minister of aviation immediately before the time of vesting shall without iroperty, more vest in or devolve on the Minister. (2) Any regulation, order, direction, appointment, determina- ~~a~On tion, agreement, requirement or represcitation made or other thing done or proceeding taken by, to or before the Secretary of State for the purposes of civil aviation before the time of vesting, and in force or having effect at that time shall be treated as if it had been made, done or taken by, to or before the Minister and shall continue in force or have effect accordingly. (3) A certificate by the Secretary~ of State and the Minister that any property, right or liability vested, enjoyed or incurred in or by the Secretary of State was or was not vested, enjoyed or incurred for the purposes of civil aviation, or that anything made, done or taken by, to or before the Secretary of State, was or was not made, done or taken for those purposes shall, in determining any question as to the effect of either of the two.foregoing sub- sections, be conclusive of the matters certified. (4) In this section the expression "time of vesting" means the passing of the Ministry of Civil Aviation Act, 1945. 7.-(l) The Minister may by order provide for delegating to r~legation of a body appearing to him to be so constituted as to consist of- certain functions of (a) persons substantially representative of the interests con- Minister. cerned with civil aviation (and in particular of operators, constructors and insurers of aircraft), anc~ (b) two persons appointed by the Minister, one as being an independent person and the other as being a person who has had not less than five years' pro- fessional experience as a pilot of civil aircraft, such of the administrative functions of the Minister with respect to the matters to which this subsection applies as may be speci- fied in the order, and for entrusting to that body such advisory functions in connection with any of the said matters as may be so specified; and an order under this section may direct that any fees for the time being prescribed by an Order in Council under section eigh,t of this Act in relation to matters with respect to which functions are delegated under this section to such a body as aforesaid, shall be paid to, and may be retained, by, that body. Section 5 Repealed by the Transfer of Functions (Ministry of Civil Aviation) Order, 1953, S I. 1953 No. 1204, except in relation to instruments made before the coming into operation of that order. PAGENO="1204" 2604 AIR LAWS AND TREATIES OF THE WORLD PART ~ The matters to which this subsection applies are the design, ~-cont. construction and maintenance of aircraft, and matters connected therewith. (2) An order under this section may contain such incidental and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of the order. 3 An order under this section shall be made by statutory instru~iient and if the order delegates or entrusts any functions to such a body as aforesaid a draft of the statutory instrument shall be laid before Parliament. (4) The Minister may contribute such sums as he may, with the approval of the Treasury, determine to the payment of any expenses which may be incurred by such a body as aforesaid for the purposes of an order under this section; and any sums required by the Minister for making contributions under this subsection shall be paid out of moneys provided by Parliament. (5) Part VI of this Act applies to this ~ction. PART II REGULATION OF CIVIL AVIATION General Power to 8.-( 1) Whereas on the seventh day of December, nineteen give effect to hundred and forty-four at the International Civil Aviation Con- ference held at Chicago, there was signed on behalf of the and regulate Government of the United Kingdom a Convention on Inter- air navigation, national Civil Aviation (hereinafter referred to as "the Chicago Convention"): And whereas a copy of the final Act of the said Conference including (amongst other things) the text, of the Chicago Con- vention was, on the fourth day of April, nineteen hundred and forty-five, presented to Parliament by command of His Majesty: And whereas it is expedient to provide for giving effect to the Chicago Convention and to make further provision for the regulation of air navigation: Now, therefore, His Majesty may by Order in Council make such provision as appears to Him to be requisite or expedient- (a) for carrying out the Chicago Convention, any Annex thereto relating to international standards and recom- mended practices (being an Annex adopted in accord- ance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; or PAGENO="1205" ATE IAW~~ AND TEF\TIE~ OF THE WORLD 2605 (b) generally for regulating air navigation. PART II (2) His ~lajesty may by Order in Council make provision- co/it. (a) as to the registration of aircraft in the United Kingdom (b) for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the Order are in force with respect to them and except upon com- pliance with such conditions as to maintenance or repair as may be specified in the Order; (c) for the licensing, inspection and regulation of aero- dromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof and for prohibiting or regulating the use of unlicensed aerodromes; (d) for prohibiting persons from engaging in, or being employed in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial or other gainful purposes) in connection with, air navigation in such capacities as may be specified in the Order except in accordance with provisions in that behalf contained in the Order, and for the licensing of those employed at aerodromes licensed under the Order in the inspection or super- vision of aircraft (e) as to the conditions under which, and in particular the aerodromes ~c or from which, aircraft entering or leaving the ~ Kingdom may fly, and as to the conditions under which aircraft may fly from one part of the United Kingdom to another; (1) as to the conditions under which passengers and goods may be carried by air and under which air~raft may be used for other commercial, industrial or gainful pur- poses, and for prohibiting the carriage by air of goods of such classes as may be specified in the Order (g) for minimizing or preventing interference with the use or effectiveness of aTpparatus used in connection with air navigation, and for prohibiting or regulating the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft (h) generally for securing the safety, efficiency and regu- larity of air navigation and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph PAGENO="1206" 2606 AIR LAWS AND TREATIES OF THE WORLD PART H (i) for requiring persons engaged in, or employed in or in -cont. connection with, air navigation to supply meteoro- logical information for the purposes of air navigation; (j) for regulating the making of signals and other com- munications by or to aircraft and persons carried therein (k) for regulating the use of the civil air ensign and any other ensign established by His Majesty in Council for purposes connected with air navigation; (1) for prohibiting aircraft from flying over such areas in the United Kingdom as may be specified in the Order; (m) for applying, adapting or modifying the enactments relating to customs in relation to aerodromes and to aircraft and to persons and property carried therein and for preventing smuggling by air, and for permitting in connection with air navigation, subject to such condi- tions as appear to His Majesty in Council to be requisite or expedient for the protection of the revenue, the im- portation of goods into the United Kingdom without payment of duty; (n) as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or other document required by the Order (including the examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such doc~iment; (o) for regulating the charges that may be made for the use of aerodromes licensed under the Order and for services provided at such aerodromes; (p for prescribing, subject to the consent of the Treasury, the fees to b~ paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by the Order and in respect of any other matters in respect of which it appears to His Majesty in Council to be expedient for the purpose of the Order to charge fees; (q) for exempting from the provisions of the Order or any of them any aircraft or persons or classes of aircraft or persons. (3) An Order in Council under this section may make different provision with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of the United Kingdom but shall, so far as practicable, be so framed as not to discriminate PAGENO="1207" AIR LAWS ANI) TIIEATIF:~ OF THE WORLD 2607 in like circumstances between aircraft registered in the United PART II Kingdom operated on charter terms by one air transport under- -cont. taking and such aircraft so operated by another such under- taking. (4) An Order in Council under this section may, for the pur- pose of securing compliance with the provisions thereof, provide for the imposition of penalties not exceeding a fine of two hundred pounds and imprisonment for a term of six months, and, in the case of any provision having effect by virtue of paragraph (1) of subsection (2) of this section, may also for that purpose provide for the taking of such steps (including firing on aircraft) as may be specified in the Order. (5) There shall be paid out of moneys provided by Parlia- ment- (a) any sums payable by His Majesty's Government in the United Kingdom by way of contribution to the ex- penses of the International Civil Aviation Organisation under the Chicago Convention; (b) such expenses of any delegate, representative or nominee of His Majesty's Government in the United Kingdom appointed for any purposes connected with the Chicago Convention as may be approved by the Treasury; (c) any expenses incurred by His Majesty's Government in the United Kingdom for the purposes of Chapter XV of the Chicago Convention (which relates to the provision of airports and other air navigation facilities) and (d) any other expenses incurred by a Government Depart- ment by reason of this section. (6) There shall be paid into the Exchequer- (a) all sums received by His Majesty's Government in the United Kingdom by way of repayment of expenses incurred for the purposes of the said Chapter XV; and (b) all sums received by way of fees paid under an Order in Council under this section other than fees which, under an order made under section seven of this Act are paid to any of the bodies to which functions of the Minister are delegated under that section. (7) Part VI of this Act applies to this section. 9.-(l) In time of war, whether actual or imminent, or of Control of great national emergency, the Secretary of State may by order aviation in regulate or prohibit, either absolutely or subject to~ such con- time of war ditions as may be contained in the order and notwithstanding or emergency. PAGENO="1208" 2608 .~in ~ AND TnF:;~TIE~ OF THE WORLD PART II the provisions of this Act or any Order in Council or regulations -co~r. made thereunder, the navigation of all or any descriptions of aircraft over the United Kingdom or any portion thereof; and may by order provide for taking possessron of and using for the purposes of His Majesty's naval, military or air forces any aero- drome, 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 aero- drome, or flying school, or any class or description thereof. (2) An order under this section may make, for the purposes of the order, such provision as an Order in Council under section eight of this Act may by virtue of subsection (4) of that section make for the purpose of securing compliance with pro- visions thereof having effect by virtue of paragraph (1) of sub- section (2) of that section. (3) Any person who suffers direct injury or loss, owing to the operation of an order of the Secretary of State under this section, shall be entitled to receive compensation from the Secretary of State. the amount thereof to be fixed, in default of agreement, by the Lands Tribunal; and the principles of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall, with the necessary modifications, apply where possession is taken of any land: Provided that no compensation shall be payable by reason of the operation of a general order under this section prohibiting flying in the United Kingdom or any part thereof. (4) The power to make an order under this section shall be exercisable by statutory instrument. (5) Any expenses incurred by a Secretary of State in the exercise of his powers under this section shall be paid out of moneys provided by Parliament. (6) Part VI of this Act applies to this section. Investigation 10.-ti) The Minister may make regulations providing for the of accidents. investigation of any accident arising out of or in the course of air navigation, and either occurring in or over the United King- dom or occurring elsewhere to British aircraft registered in the United Kingdom: Provided that regulations not relating only to civil aviation shall be made by the Secretary of State and the Minister acting ointly. (2 Regulations under this section may contain provisions- (a) requiring notice to be given of any such accident as aforesaid in such manner and by such persons as may be specified in the order PAGENO="1209" A11~ LAWS \ND TiflATIES OF THE WOOLD 2609 (b) applying, with or without modification, for the purpose PART ii of investigatio.~s held with respect to any such -coat. accidents any of the provisions of section three of the Notice of Accidents Act, 1894; (c) prohibiting, pending investigation, access to or inter- ference with aircraft to which an accident has occurred, and authorising any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; (d) authorising or requiring the cancellation, suspension, endorsement or surrender of any licence or certificate granted under this Part of this Act or any Order in Council or order made under this Part of this Act, where it appears on an investigation that the licence ought to be cancelled, suspended, endorsed or sur- rendered, and requiring the production of any such licence for the purpose of being so dealt with: Provided that nothing in this section shall limit the powers of any authority under sections five hundred and thirty to five hundred and thirty-seven of the Merchant Shipping Act, 1894, or any enactment amending those sections. (3) If any person contravenes or fails to comply with any regulations under this section, he shall be liable, on summary conviction, to a fine not exceeding fifty pounds or to imprison- ment for a term not exceeding three months. (4) Any expenses incurred by a Secretary of State or the Minister in the exercise of his powers under this section, in- cluding the expenses of any investigation under this section, shall be paid out of moneys provided by Parliament. (5) Part VI of this Act applies to this section. 11.-(1) Where an aircraft is flown in such a manner as to be Dangerous the cause of unnecessary danger to any person or property on land flying. 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 hundred pounds or to imprisonment for a term not exceeding six months or to both. In this section the expression owner " in relation to an aircraft includes any person by whom the aircraft is hired at the time of the offence. (2) The provisions of this section shall be in addition to and not in derogation of the powers conferred on His Majesty in Council by section eight of this Act. (3) Part VI of this Act applies to this section. PAGENO="1210" 2610 AIR LAWS AND TREATIES OF THE WORLD Air Transport 12.-(l) His Majesty may by Order in Council provide for the constitution of an Air Transport Advisory Council consisting of a chairman, who shall be appointed by the Lord Chancellor and who shall be a barrister, advocate or solicitor of not less than seven years' standing, and such number of members appointed by the Minister (not being less than two nor more than four as may be determined in accordance with the Order. Of the members of the Council .appointed by the Minister, at least one shall be a person of experience in the operation of air transport services, and at least one shall be a person of experience in the operation of other transport services. No member of any of the Airways Corporations, and no person employed by any of the Airways CorporatiQns, shall be qualified to be a member of the Council. (2) It shall be the duty of the to consider any representation to the adequacy of the facilities Corporations, or with respect facilities: Provided that the Council shall not be required, by this sub- section to consider any such representation if, in their opinion, it is frivolous or vexatious or if, in their opinion, the matters to which the representation relates have been already sufficiently considered by the Council, or if, in their opinion, it is inexpedient that they should consider the representation on the ground that the matters to which it relates are for the time being regulated by any international agreement to which His Majesty's government in the United Kingdom is a party. (3) It shall be the duty of the Air Transport Advisory Council to consider any question which may be referred to the Council by the Minister, being:- (a) a question relating to facilities for transport by air in any part of the world, or relating to the charges for such facilities or (b) a question which in the opinion of the Minister requires consideration with a view to the improvement of air transport services. (4) When the Council have considered any such representation or question as aforesaid, they shall report to the Minister upon their conclusions, and shall make such recommendations to the Minister in connection with those conclusions as they think expedient. (5) The Council may with the approval of the Minister appoint such assessors as they think expedient for the purpose of securing that they are properly advised with respect to matters affecting the interests of persons who use air transport services, or of any PART II -cont. Air Transport Advisory Council. Air Transport Advisory Council from any person with respect provided by any of the Airways to the charges for any such PAGENO="1211" AIR LAWS AND TREATIES OF THE WORLD 2611 class of such persons, and the interests of technical, professional, PART II industrial and commercial bodies (including those of organised c0~~t. labour) directly concerned with the provision of air transport services. (6) Any Order made under this section may contain such incidental and consequential provisions, including provisions for the payment of remuneration to members of the Council out of moneys provided by Parliament, provisions for the payment out of such moneys of expenses incurred in connection with the appointment of assessors by the Council, and provisions for determining the procedure of the Council, as His Majesty thinks expedient. The procedure of the Council shall be such as to secure that no member of the Council shall sit to consider any representation or question which it is the duty of the Council to consider, if, in respect of the matters to which the representation or question relates, he has any special interest such as may tend to interfere with his impartial consideration of the representation or question. (7) The Council shall be furnished by the Minister with such accommodation as appears to him to be requisite for the proper discharge of their functions, and with such clerks, officers and staff as appear to him, with the concurrence of the Treasury as to numbers, to be requisite for that purpose, and the Minister shall pay to the clerks, officers and staff of the Council such remuneration as he may with the approval of the Treasury determine. (8) The Minister shall provide the Council with such informa- tion and other assistance as he thinks expedient for the purpose of assisting the Council to discharge their functions; and each of the Airways Corporations shall keep the Council informed of all services which are provided by them or which they intend to provide, and of the charges which the Corporation make or propose to make for any such services. (9) The Council shall make an annual report to the Minister of their proceedings, and the Minister shall lay the report before each House of Parliament together with a statement of any action Which has been taken by him in consequence of any recommendations submitted to him by the Council during the period to which the report relates. (10) A draft of any Order proposed to be made under this section shall be laid before Parliament. 13.-(l) His Majesty may by Order in Council make pro- Licensing of vision- air transport (a) for securing that aircraft shall not be used in the United an~ornmer- Kingdom by any person- cia ying. (i) for plying, while carrying passengers or goods for hire or reward, on such journeys or classes of PAGENO="1212" 2612 ~ii'~ i~~ws AND ThF:ATIESA OF THE WORLD PART i~ journeys (whether beginning and ending at the same --cont. point or at different points) as may be specified in the Order, or (ii) for such flying undertaken for the purpose 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 Order; (b) as to the circumstances in whicl~ a licence under the Order may or shall be granted, refused, revoked or suspended, and in particular as to the matters to which the licensing authority specified in the Order 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 suspen- sion of any licence under the Order; (d) as to the conditions which may be attached to such a licence (including conditions as to the fares, freight or other charges to be charged by the holder of the licence), and for securing compliance with any condi- tions so attached; (e) as to the information to be furnished by an applicant for, or the holder of, such a licence to such authorities as may be specified in the Order; (f; for prescribing, subject to the consent of the Treasury, the fees to be paid in respect of the grant of any licence under the Order; and such an Order may make different piovision as respects different classes of aircraft and different classes of licences. (2) An Order in Council under this section may, for the pur- pose of securing compliance with the Order, provide for the imposition of penalties not exceeding, in the case of a first offence against the Order, a fine of twenty pOunds or, in the case of a second or subsequent such offence, a fine of fifty pounds or imprisonment for a term of three months. (3) The Minister shall lay before Parliament the draft of any Order which it is proposed to recommend His Majesty in Council to make under this section, and no further proceedings shall be taken in relation thereto except in pursuance of an Address presented to His Majesty by both Houses of Parliament praying that the Order may be made in the terms of the draft. (4) The Minister may pay out of moneys provided by Par- liament- (a) to the members of any licensing authority which may be constituted by an Order in Council under this section such remuneration (if any) as the Minister, with the approval of the Treasury, may determine; and PAGENO="1213" AIR LA\V~ ANT) TTILATIE~ OF TI-IE WORLD 2613 (b) the amounts necessary to defray such expenses of the PART II said licensing authority as the Minister and the -cent. Treasury may approve. The amount of any fee received under such an Order in Council by any such licensing authority shall be paid by that authority to the Minister, and, when received by him, shall be paid into the Exchequer. (5) Part VI of this Act applies to this section so, however, that an Order in Council under this section shall not be laid before Parliament nor be subject to annulment in pursuance of a resolution of either House of Parliament. 14.-(1) His Majesty may by Order in Council make provi- Information sion- as to air transport (a) for requiring any person- undertakings (i) who carries on the business of carrying and use of passengers or goods in aircraft for hire or reward 1'~mes on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) as may be specified in the Order, or (ii) who is the holder of a licence in respect of a customs aerodrome, to furnish to such authorities as may be specified in the Order such information relating to the use of air- craft for the purpose of his said business and to the persons employed in connection with that use, or, as the case may be, relating to the use of the aerodrome and to the persons employed in aircraft arriving thereat or departing therefrom, as may be prescribed by the Order; (b) for requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing from, any customs aerodrome to furnish to the holder of the licence in respect of that aerodrome such in- formation as may be necessary to enable the holder of the said licence to comply with such of the provi- sions of the Order as relate to him (c) for prescribing the times at which, and the form and manner in which, any information required under the Order is to be furnished: Provided that a person carrying on such a business as is men- tioned in sub-paragraph (i) of paragraph (a) of this subsection shall not be required to furnish information relating to the use of aircraft on journeys wholly outside the United Kingdom, or PAGENO="1214" 2614 AIR LAWS AND TREATIES OF THE WORLD PART II relating to persons exclusively employed outside the United -cont. Kingdom, unless the person carrying on the business is either a British subject resident in the United Kingdom or a citizen of the Republic of Ireland resident in the United Kingdom or a body corporate incorporated under the law of some part of the United Kingdom. (2) An Order in Council under this section may provide for imposing on any person who contravenes or fails to comply with any provision of the Order 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 con- tinues after conviction therefor) as may be specified in the Order. (3) No information with respect to any particular undertaking which has been obtained by virtue of an Order in Council under this section shall, without the consent of the person carrying on that undertaking, be disclosed otherwise than in connection with the execution of such an Order, and if any person discloses any such information in contravention of this subsection, he shall be liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding fifty pounds or to both or, on conviction on indictment, to imprison- ment for a term not exceeding two years or to a fine not exceed- ing one hundred pounds or to both. Nothing in this subsection shall apply to the disclosure of any information for the purposes of any legal proceedings which may be taken by virtue of this subsection or of an Order in Council made under this section, or for the purpose of any report of any such proceedings, but, save as aforesaid, the restriction imposed by this subsection shall, in relation to any legal pr9- ceedings (including arbitrations), extend so as to prohibit and prevent any person who is in possession of any such information so obtained from 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 information relates. (4) In this section the expression "customs aerodrome" means an aerodrome for the time being appointed in pursuance of an Order in Council in force under section eight of this Act as a place of landing and departure of aircraft for the purposes of the enactments relating to customs. (5 Part VI of this Act applies to this section. Terms and 1 ~ ---( 1) The provisions of this section shall have effect for conditions of the purpose of securine that the terms and conditions of employ- employment of ment of. persons employed by any independent undertaking employed by constituted for the purpose of providing air transport services air transport undertakings. PAGENO="1215" AIR LAWS AND TREATIES OF THE WORLD 2615 or of carrying out other forms of aerial work shall, except in PART II so far as those terms and conditions- -cont. (a) are regulated by or under any enactment other than this section ; or (b) are in accordance ~iith an agreement for the time being in force between the undertaking and organisations representative of the persons employed; or (c) are in accordance with any decision for the time being in force of a joint industrial council representing the undertaking and organisations representative of th~ persons employed; comply with the following requirement, that is to say, that they shall not be less favourable than the terms and conditions observed by the Airways Corporations in the case of persons engaged in comparable work, or, where the Airways Corpora- tions do not observe the same terms and conditions for persons engaged in comparable work, are not less favourable than the terms and conditions observed for such persons by at least one of those Corporations. (2) If any dispute arises as to whether the terms and conditions of any person's employment ought to comply with the require- ment aforesaid, or as to what terms and conditions ought to be observed for the purpose of complying therewith, the dispute shall, if not otherwise disposed of, be referred by the Minister to the Industrial Court for settlement. (3) Where any award has been made by the Industrial Court upon a dispute referred to that Court under this section, then, as from the date of the award or from such other date as the Court may direct, and subject to any subsequent variation or revocation of the award, it shall be an implied term of the contract between the employer and workers to whom the award applies that the terms and conditions of employment to be observed under the contract shall be in accordance with the award, except in so far as they are regulated by or under any enactment other than this section or are in accordance with any such agreement or decision as is mentioned in subsection (1) of this section. No direction given by the Court for the purposes of the foregoing provisions of this subsection shall have the effect of makin~ any award retrospective to a date earlier than the date on which the dispute to which the award re'ates first arose. (4) In this section the expression "independent undertaking" means any undertaking other than the Airways Cerporations. PAGENO="1216" 2616 AIR LAWS AND TRF:ATJE~ OF THE WORLD PART III AERODROMES AND OTHER LAND Ministers A erodro~nes Ministers 16.-ti) The Minister- may for the purposes of civil aviation po'.~er to establish and maintain aerodromes and provide and maintain ~1~mes in connection therewith roads, approaches, apparatus, equipment, and buildings and other accommodation: Provided that nothing in this subsection shall authorise the execution of any works on, over or under tidal lands below high-water mark of ordinary spring tides, except in accordance with plans and sections previously approved in writing by.the Minister of Transport and subject to such conditions as he may impose. (2) The Minister shall appoint for each aerodrome vested in him an officer who shall be responsible to the Minister for all services provided on the aerodrome on behalf of the Minister, including signalling services, flying control services, and services connected with the execution of works. (3) The Mftiister shall not provide any of the Airways Corporations with aerodrome facilities in connection with the operation of any charter service unless he is satisfied that com- parable facilities are available, or can be made available if required, to persons other than the Airways Corporations in connection with the operation of a similar service, and are so available, or can be made so available if required, upon terms and conditions not less favourable than those upon which the facilities in question are provided by him for the Corporation concerned. In this subsection the expression "aerodrome facilities" means any facilities connected with the use of an aerodrome, and the expression "charter service " means any service provided on charter terms. Consultation 17. In the management and administration of any aerodrome with local vested in him the Minister shall make such provision as he bodies. thinks necessary to ensure that adequate facilities for consulta- tion are provided for the local authorities in whose areas the aerodrome or any part thereof is situated, and for other local authorities whose areas are in the neighbourhood of the aero- drome, and for other organisations representing the interests of persons concerned with the locality in which the aerodrome is situated. Sanitary 18.-(l) Without prejudice to their general duties under any control on Act of Parliament or otherwise, it shall be the duty'of the Ministefs Minister of Health and the Minister of Civil Aviation to make aerodromes. such arrangements as they think necessary- (a) for preventing danger to public health from aircraft arriving at any aerodrome vested in or under the con- trol of the Minister of Civil Aviation and PAGENO="1217" AIR LAWS AND TflEATTE~ OF THE WORLD 2617 (b) for preventing the spread of infection by means of any PART IH aircraft leaving any such aerodrome, so far as may be -cont. necessary or expedient for the purpose of carrying out any treaty, convention, arrangement or engagement with any country. (2) A local authority may, and shall if the Minister of Health so requires, undertake duties in connection with the execution of any such arrangements as aforesaid; and the Minister of Health shall pay to a local authority such charges as the authority may reasonably require to be paid in respect of expenses incurred and services provided by the authority in the performance of such duties. (3) Any reference in this section to a local authority shall be construed- (a) in relation to England, as a reference to any local authority for the purposes of the Public Health Act, 1936, any county council and any port health author- ity, and also any joint board of which all the constitu- ent authorities are local authorities within the meaning of the preceding provisions of this paragraph; (b) in relation to Scotland, as a reference to a local authority for the purposes of the Public Health (Scotland) Act, 1945, and also a port local authority as defined in section one hundred and seventy-two of the Public Health (Scotland) Act, 1 897; (c) in relation to Northern Ireland, as a reference to such authority as the Ministry of Health and Local Govern- ment for Northern Ireland may designate as the appro- priate authority for the purposes of this section. (4) The references in this section to the Minister of Health shall be construed in relation to Scotland as references to the Secretary of State, and in relation to Northern Ireland, as refer- ences to the Ministry of Health and Local Government for Northern Ireland. Local authorities' aerodrornes 19.-(1) Any local authority may, with the consent of the Power of local Minister and subject to such conditions as he may impose, estab- authorities lish and maintain aerodromes, and provide and maintain in to provide connection therewith roads, approaches, apparatus, equipment aerodromes. and buildings and other accommodation: Provided that nothing in this section shall authorise the execu- tion of any works on, over or under tidal lands below high-water mark of ordinary spring tides, except in accordance with plans and sections previously approved in writing by the Minister of Transport and subject to such conditions as he may impose, 39-737 O-~-vo1. II-~77 PAGENO="1218" 2618 AIR LAWS AND TREATIES OF THE WORLD PART III (2) A local authority may, for the purpose of exercising any -corn'. of the powers conferred on the authority by the foregoing sub- section, acquire land by agreement or be authorised by the Minister to purchase land compulsorily. (3) For the avoidance of doubts it is hereby declared that one of the purposes for which a local authority may acquire land under this section is the purpose of securing that the land adjacent to the site of an aerodrome which the local authority has established, or is about to establish, shall not be used in such manner as tu cause interference with, or danger or damage to, aircraft at, approaching or leaving the aerodrome. (4) The powers conferred on a local authority by the fore- going provisions of this section shall be exercisable by that authority outside, as well as within, its area. (5) For the purpose of the purchase of land by agreement under this section, the Lands Clauses Acts, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, shall be incorporated with this Act. (6) Where any land is held by a local authority for any purpose for which land may be acquired under this section, the local authority shall not, without the consent of the Minister, appropriate that land for any other purpose or dispose of the land in any way. In relation to land in Scotland this subsection shall have effect as if for the words "shall not, without the consent of the Minister" there were substituted the words "shall have power, with the consent of the Minister, but not otherwise, to ". (7) Without prejudice to the provisions of the last foregoing subsection where a local authority to which section one hundred and sixty-five of the Local Government Act, 1933, applies holds any land solely for the purpose of securing that it shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, approaching or leaving an aerodrome of the local authority, that section shall, notwithstanding that it is still requisite that the land should not be so used, have effect in relation to that land as if it authorised the local authority, with the consent of the Minister of Health, to sell the land sub- ject to such conditions as the local authority thinks necessary to secure that the land will not be so used. (8) A local authority may borrow for the purposes of this section. (9) In this section the expression "local authority" does not include the council of a rural district in England or Wales, and the expression ~` land " includes any right in or over land. PAGENO="1219" AIfl LA\V~- ~NI) TuI:AT1L-~ OF TI1F \VORLD 2619 20. If the Minister is satisfied, with respect to any aerodrome P~T iii provided by a local authority under the last foregoing section, -corn'. that it is necessary or expedient that the local authority should Power to carry be empowered to carry on in connection with the aero- on ancillary drome any particular business, being a business which appears businesses. to him to be ancillary to the carrying on of an aeiodrome but which the authority would not otherwise have power to carry on, he may make an order authorising that local authority, sub- ject to such conditions (if any) as may be specified in the order, to carry on that business in connection with the aerodrome. 21.-(l) For the purposes of section nineteen of this Act- Provisions as (a) the London County Council may borrow under and in to London. accordance with the London County Council (Finance Consolidation) Act, 1912; (b) the Common Council of the City of London may borrow under the City of London Sewers Acts, 1848 to 1897. (2) Section ninety-seven of the Local Government Act, 1933 (which applies the provisions of Part III of that Act relating to joint committees to the London County Council and to councils of metropolitan boroughs) shall in relation to the powers con- ferred on local authorities by or under the last two foregoing sections, have effect as if any reference in the said section ninety- seven to the council of a metropolitan borough included a refer- ence to the Common Council of the City of London. (3) The expenses of the Common Council of the City of London under the said section nineteen shall be defrayed out of the general rate. 22.-(l) His Majesty may by Order in Council direct that in Other statutory Northern Ireland the powers conferred b~' or under the three bodies in last foregoing sections on a local authority shall, subject to any Northern restrictions imposed by the Order in Council, be, and be deemed Ireland. always to have been exercisable also by any statutory body specified in the Order in Council and that any of the said pro- visions shall, in relation to that body, have effect subject to. such adaptations as may be so specified. (2) Part VI of this Act applies to this section. Ministers' power over land in connection with civil aviation 23.-(l) The Minister shall for purposes of civil aviation and Power to any purpose connected with the discharge of his functions acquire and have the like power to acquire land or any right in or over land manage land. by agreement under the Military Lands Acts, 1892 to 1903, as has a Secretary of State, and those Acts shall have effect accord- ingly with the necessary modifications, and in particular as though references to a military purpose included references to any such purposes as aforesaid. PAGENO="1220" 2620 AlIT LAWS AXD TITI:ATIES OF THE WORLD PART ni (2) The Minister may also acquire by agreement otherwise -corn', than under the said Acts any land, any estate or other interest in land, or any right in or in relation to land. (3) The Minister may be authorised to acquire land com- pulsorily for any purpose connected with the discharge of his functions, and the Acquisition of Land (Authorisation Pro- cedure) Act, 1946, shall have effect with respect to the compul- sory purchase of land in England or Wales by the Minister under this section as if in subsection (11 of section one of that Act, after paragraph (b) thereof, there were inserted the following paragraph :- "(c) by the Minister of civil Aviation under section twenty- three of the Civil Aviation Act, 1949 ": Provided that section three of that Act shall not have effect in relation to land acquired or proposed to be acquired by the Minister. In this subsection the expression "land" includes any estate or other interest in land and any easement. (4) For the purpose of the compulsory purchase by the Minister, under the last foregoing subsection, of land in Northern Ireland, His Majesty may by Order in Council provide for extending the Acquisition of Land (Authorisation Procedure) Act, 1946, to Northern Ireland, s'ubject to any adaptations, modifications and exceptions which may be provided for by the Order. (5) The Minister shall have power to manage, sell, let or exchange any land vested in him and to pay or receive money in respect of equality of exchange Provided that nothing in this subsection shall be taken to affect the operation of section five of the Defence of the Realm (Acquisition of Land) Act, 1916 (which confers on a person from whom land was acquired under that Act a right of pre-emption in the case of the subsequent sale of that land) ~s `respects any land acquired under that Act, (6) The Minister shall have power to manage and (subject to the terms of the lease) to sublet any land taken on lease by him or assign the lease. (7) Where any person having an interest in land (hereinafter referred to as "the grantor ") grants or agrees to grant to the Minister any right (whether in perpetuity or for any other period and whether capable of subsisting as a legal estate or not) in or in relation to that land (including a right to enter upon t~ "~nd, a right to carry out and maintain works on that land, a rignt to instal or maintain structures or apparatus on, under, over or across that land, and a right restrictive of the user of that land), the grant or agreement shall be binding upon any person deriving title or otherwise claiming under the grantor PAGENO="1221" AI1~ T.A\VS ANI) THI:ATII:~ OF THE WORLD 2621 to the same extent as it is binding upon the grantor, notwith- PART Ill standing that it would not have been binding upon that person -cont. apart from the provisions of this subsection. This subsection shall, in its application to Scotland, have effect as if after the words " the grant or agreement shall " there were inserted the words on being recorded in the appropriate register of sasines ". (8) His Majesty may by Order in Council apply in relation to the Minister, with any necessary modifications or adaptations, the enactments specified in subsection (9) of this section so as to confer on the Minister all such powers, rights and privileges- (a) in relation to the acquisition and holding of land for the purpose of discharging any of his functions, and (b) in relation to the management, use and disposal in any manner of land acquired for that purpose, as under the said enactments are, by virtue of any Order in Council made under section thirteen of the Air Force (Con- stitution) Act, 1917, for the time being vested in the Secretary of State for Air in relation to the acquisition and holding of land for the use of the Air Force or for air force services or purposes and, in relation to the management, use and disposal of land acquired for use of the Air Force or for air force services or purposes. (9) The said enactments are- (a) section six of the Defence Act, 1842; (b) sections two and five of the Ordnance Board Transfer Act, 1855; (c) the Defence Acts Amendment Act, 1873 (d) section two hundred and fifty-four of the Municipal Corporations Act, 1882; (e) Part II of the Military Lands Act, .1892. ~lO) i~n Order in Council made under subsection (8) of this section may provide that any enactment applied by the Order shall be deemed always to have been so applied. (11) Part VI of this Act applies to this section. 24.-(1) The Minister may, if he is satisfied that it is Power to expedient so to do in order to secure the safe and efficient use obtain rights for civil aviation purposes of any land which is vested in him over land. or which he proposes to acquire, or in order to secure the pro- vision of any services required in relation to any such land, or in order to secure that civil aircraft may be navigated with safety and efficiency, by order provide for the creation in his favour of easements over land, or of other rights in or in relation to land, including rights to carry out and maintain works on any land and to instal and maintain structures and apparatus on, under, over or across any land. PAGENO="1222" 2622 AIR LAWS AND TREATIES OF THE WORLD PAPT j~j (2) Any such order may contain such consequential, incidental -~ont. and supplemental provisions as appear to the Minister to be necessary or expedient for the purposes of the order, including, in particular, provisions for authorising persons to enter upon land for the purpose of carrying out, installing, maintaining or removing any works, structures or apparatus. (3) No person shall, in the exercise of a power conferred by any such order, enter upon land which is occupied, unless, not less than seven days before the day upon which the entry is made, there has been served upon the occupier of the land a notice stating that an entry will be made upon the land upon that day in the exercise of powers conferred by the order, and specifying the purposes for which the entry will be made: Provided that nothing in this subsection shall restrict the right of any person to enter upon land in a case of emergency or for the purpose of performing any functions which are required to be performed from time to time in connection with the main- tenance or use of any works, structures or apparatus. (4) Where any land is damaged in the exercise of any power of entry conferred by any such order, the Minister shall pa~y such compensation to the persons interested in the land as may be just; and where any dispute arises as to whether compensation is payable under this subsection, or as to the amount of any such compensation, or as to the persons to whom it is payable, the dispute shall be referred to and determined by the Lands Tribunal. (5) 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 Minister, wilfully interfere with any works carried out on any land in pursuance of the order, or with anything installed on, under, over or across any land in pursuance of the order. (6) Subject to the special provisions of this Part of this Act relating to statutory undertakers, the provisions of the First Schedule to this Act shall have effect with respect to orders under this section. (7) Where an order under this section provides for the creation of an easement over land held by a statutory undertaker for the purposes of the carrying on of his undertaking, or of any other right in or in relation to such land, then, if on a representation made to the appropriate Minister before the expiration of the time within which objections to the order may be made the appropriate Minister is satisfied that the easement or right could not be enjoyed without serious detriment to the carrying on of the undertaking, and certifies accordingly, the order shall be subject to special parliamentary procedure. This subsection shall not extend to Northern Ireland. PAGENO="1223" lIE LA\V~ AND TIfl;ATIE~ OF THE WOELD 2623 (8) If any person contravenes the provisions of subsection (5) PART III of this section he shall be liable on summary conviction, to im- -cont. prisonment for a term not exceeding three months or to a fine not exceeding five hundred pounds or to both; 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. (9) Proceedings under this section for an offence shall not, in England or Wales, be instituted except by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions, and shall not, in Northern Ireland, be in~ stituted except by or with the consent of the Minister, or by the Attorney-General for Northern Ireland. (10) Where such an offence as aforesaid has been committed by a body corporate, every person who at the time of the com- mission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offencc, Ur~eSs he proves that the offence was committed without his consent or conr~ivance and that he exercised all such diii. gence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. In this subsection the expression "director" includes any person occupying the position of director, by whatever name called. 25.-(1) The Minister may by order impose such prohibitions Power to or restrictions on the use of any area of land or water as a place prohibit or for the arrival and departure of civil aircraft as he thinks refstrlct1uSe expedient for the purpose of securing that aircraft may arrive ~er~1'~mes. and depart with safety at any aerodrome vested in him or under his control: Provided that nothing in this subsection shall authorise the imposition of any such prohibition or restriction in relation to tidal waters beyond those of the territorial waters of His Majesty's dominions which are adjacent to the United Kingdom. (2) The provisions of Part I of the First Schedule to this Act shall have effect in relation to any order made under this section other than an order for the imposition of prohibitions or restrictions on the use of water ; and in the case of an order for the imposition of prohibitions or restrictions on the use of water- (a) the Minister shall, before making the order, publish notice of his intention to make the order in such PAGENO="1224" 2624 AIR LAWS AND TREATIES OF THE WORLD PART Ill manner as he thinks best calculated to bring his -con!, intention to the notice of persons who will be affected thereby; and (b) the Minister shall, immediately after the order has been made, publish in one or more newspapers circulating in the district to which the order relates a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reason- able hours, and shall serve a like notice upon any person who in his opinion will be affected thereby. (3) The provisions of Part II of the First Schedule to this Act and the provisions of the Second Schedule to this Act shall have effect with respect to orders under this section Provided that where any aerodrome was first established as such after the passing of the Civil Aviation Act, 1946 (that is to say, the first day of August, nineteen hundred and forty-six), no compensation shall be payable by reason of the imposition "under this section of prohibitions or restrictions upon the use of that aerodrome unless it was so established with the consent of the Minister. (4) Any person who contravenes the provisions of any order under this section shall be liable in respect of each offence- (a) on summary conviction thereof to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both; and (b) on conviction thereof on indictment, to a fine not exceeding one thousand pounds or to imprisonment for a period not exceeding two years or to both. (5) Any offence against any order under this section com- mitted on tidal waters outside the ordinary jurisdiction of a court of summary jurisdiction may be tried and punished by such a court as if it had been committed in the nearest part of the United Kingdom which is within the ordinary jurisdiction of such a court: Provided that nothing in this subsection shall in its applica- tion to Scotland be construed as conferring jurisdiction on any court of summary jurisdiction other than the sheriff court. (6) Proceedings for an offence against any order under this section shall not,.in England or Wales be instituted exce~1t by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions, and shall not, in Northern Ire- land be instituted except by or with the consent of the Minister, or by the Attorney-General for Northern Ireland. PAGENO="1225" AIR LAWS AND TREATIES OF THE WORLD 2625 (7) Where such an offence as aforesaid has been committed PART III by a body corporate, every person who at the time of the corn- -con,. mission 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 be deemed to be guilty of that offence, unless he proves that the offence was committed with- out his consent or connivance and that he exercised all such diligence to prevent the commission oc the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. In this subsection the expression director" includes any person occupying the position of director, by whatever name called. (8) In this section the expression "aerodrome" includes part of an aerodrome. 26.-(l) The Minister may, if he is satisfied that it is necessary Power to so to do in order to secure the safe and efficient use for civil exercise control aviation purposes of any land, structures, works or apparatus over land in the interests of vested in him, or which he proposes to acquire or instal, by civil aviation. order declare that any area of land specified in the order shall be subject to control by directions given in accordance with the provisions of this section. (2) Where any such order is in force, the Minister may, in pursuance of any general or special authority given by the order, give directions- (a) for requiring the total or partial demolition of any building or structure within the area to which the order relates (b) for restricting the height of trees upon any land within the area, or for requiring any tree upon any such land to be cut down or reduced in height; (c) for extinguishing any private right of way over land within the area; (d) for restricting the installation of cables, mains, pipes, wires or other apparatus upon, across, under or over any land within the area; (e) for extinguishing, at the expiration of such period as may be determined by the directions, any subsisting right of installing or maintaining any such apparatus as aforesaid upon, across, under or over any land within the area (f) for requiring that, before the expiration of such period as may be determined by the directions, any such apparatus shall be removed from any land within the area. PAGENO="1226" 2626 ~JR L~W~ AND TI~J;:~TIF:~ OF THE WORLD PART ~ (3) Any such order may contain such consequential, incidental -cont. and supplemental provisions as appear to the Minister to be necessary or expedient for the purposes of the order, including, in particular, provisions for empowering any person authorised in that behalf by the Minister, to remove, pull down, cut down, or alter so as to bring into conformity with the requirements of any directions given under the order, any building, structure, tree or apparatus which contravenes those requirements. (4) Any such order, other than an order relating to land in Northern Ireland, shall be subject to special parliamentary procedure. (5) Before making any order under this section, the Minister shall consult every local authority within the area of which the whole or any part of the area of land to which the proposed order will relate is situated. Notwithstanding anything in subsection (1) of section two of * the Statutory Orders (Special Procedure) Act, 1945, the duty of the Minister to comply with the requirements of this sub- section in relation to England or Wales shall not excuse him from the duty of complying with the requirements of.the First Schedule to that Act. (6) Subject to the special provisions of this Part of this Act relating to statutory undertakers, the provisions of the Third Schedule to this Act shall have effect with respect to directions given under an order made under this section. (7) The powers of the Minister under this section shall not prejudice his power to acquire land for the purpose of securing the observance of any requirement or restriction w'hich might have been imposed in relation to the land under this section. Indication of 27.-(l) If the Minister is satisfied, with respect to any build- presence of ing, structure or erection in the vicinity of an aerodrome to obstr~ctions which this section applies that, in order to avoid danger to aerodromes. aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to such aircraft warning of the presence of that building, structure or erection, he may by order autho- rise (subject to any conditions specified in the order) the pro- prietor of the aerodrome, and any person acting under the proprietor's 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 PAGENO="1227" A! F LA\V-~ AND TFEATIE~ OF THE WORLD 2627 (b) so far as may be necessary for exercising any of the PART in powers conferred by the order to enter upon and pass -cont. over (with or .without vehicles) any such land as may be specified in the order: Provided that no such order shall be made in relation to any building, structure or erection if it appears to the Minister that there have been made, ahd 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 afore- said, 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 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 would be affected by the order: and at the end of that period the order may, subject to the provisions of this section, be made with such modifications (if any) 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 relates has served in the manner prescribed by the order on the occupier of that land, and on every other person known by the proprietor to have an interest therein, a written notice containing such particulars of the nature of the pro- posed works, and the manner in which and the time at which it is proposed to execute them, as may be prescribed by or in accordance with the order; and (b) that if, within fourteen days after service of the said notice on any person having such an interest, the pro- prietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific sanction of the Minister; and shall also provide for requiring the proprietor of the aero- drome to which the order relates to pay to any person having an interest in any land affected by the order such compensation for any loss or damage which that person may suffer in con- sequence of the order as may, in default of agreement, be deter- PAGENO="1228" 2628 AID LAWS AND TREATIES OF THE WORLD PART iii mined from time to time by a single arbitrator appointed by -cont. the Lord Chief Justice: and, for the purposes of this subsection, any expense reasonably incurred 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, struc- ture or erection 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 subsection) so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which, to the know- ledge of that person, are works or things executed or placed, in, on or over any land in pursuance of the order. If any person contravenes the foregoing provisions of this subsection, he shall be liable, on summary conviction, to im- prisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or to both and every person who wilfully obstructs a person in the exercise of any of the powers conferred by such an order as aforesaid shall be liable, on sum- mary conviction, to a fine not exceeding fifty pounds. (5) Nothing in this section shall operate, in relation to any building, structure or erection, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the building, structure or erection: Provided that- (a) notice of the doing of that work is given as soon as may be to the proprietor of the aerodrome: and (b) the giving of warning of the presence of the building, structure or erection in the manner provided by any order under this section in force in relation thereto is not interrupted. (6) The following provisions shall have effect for the pro- tection of statutory undertakers : - (a) any order made under this section affecting any pro- perty held by such undertakers for the purposes of their undertaking shall be so framed as to avoid inter- ference with the proper carrying on of the undertaking: (b) no person shall, except in a case of emergency, enter, in pursuance of such an order, upon any land held by PAGENO="1229" AIR LAWS AND TREATIF~ OF Till: WORLD 2629 such undertakers for the purposes of their undertaking, PART III unless he has given to the undertakers at least three -cont. clear days' notice of his intention so to do, and any per- son so entering on any such land shall comply with any reasonable directions given to him by or on behalf of the undertakers for preventing interference with the proper carrying on of the undertaking; (c) if any such undertakers show that, by reason of the operation of such an order, they have been obliged to take special measures for the purpose of ensuring the safety of persons so entering on any such land or other- wise acting under the order in relation to any property of the undertakers, the amount of any expenses reason- ably incurred by the undertakers in taking such measures shall be paid to them by the proprietor of the aerodrome to which the order relates, and any dis- pute as to whether any sum is payable under this para- graph, or as to the amount of any sum so payable, shall, unless the parties otherwise agree, be referred for determination to a single arbitrator appointed by the Lord Chief Justice. Nothing in this subsection shall be taken to affect the general application of subsection (3) of this section. (7) In this section- (a) the expression "aerodrome to which this section applies" means any premises which, by virtue of an Order in Council made under section eight of this Act, are for the time being licensed as an aerodrome for public use, but does not include any premises belonging to the Secretary of State or the Minister ; and (b) the expression "proprietor of the aerodrome" means, in relation to any premises used or appropriated for use as an aerodrome, the person carrying on or entitled to carry on the business of an aerodrome in those premises. (8) Part VI of this Act applies to this section. 28.-(l) The Minister of Transport may, if he is satisfied that Power of it is necessary so to do in order to secure the safe and efficient use Minister of for civil aviation purposes, including the testing of aircraft Transport to designed for civil aviation, of any land vested in the Minister ~ and of Civil Aviation or the Minister of Supply, ~r of any land highways, etc., which the Minister of Civil Aviation or the Minister of Supply in the interests proposes to acquire, by order authorise the stopping up or of civil diversion of any highway. aviation. Se( flot( I tO \1~ntorotIr,tt~ ~()Tt tfl( ii ,ttlrL PAGENO="1230" 2630 AIR LA\V~. AYD TREATIES OF THE WORLD PART iii (2) An order under subsection (1) of this section may provide -cont. for all or any of the following matters, that is to say- (a) for securing the provision or improvement of any high- way so far as the Minister of Transport thinks such provision or improvement necessary or desirable in con- sequence of any such stopping up or diversion as afore- said; (b) for directing that any highway to be provided or improved `in pursuance of the order shall be repairable by the inhabitants at l~ge, and for specifying the authority which is to be the highway authority therefor; (c) for directing that any highway to be provided or improved in consequence of the stopping up or diver- sion of a trunk road under the order shall itself be a trunk road for all or any of the purposes of the enact- ments relating to trunk roads; (d) for the retention or removal of any cables, mains, pipes, wires or similar apparatus placed along, across, over or under any highway stopped up or diverted under the order, and for the extinguishment, modification or preservation of any rights as to the use or mainten- ance of that apparatus; (e) if any highway is to be provided or improved under the order, for authorising or requiring the provision of any such apparatus as aforesaid along, across, over or under that highway, in lieu of any apparatus removed from a highway in pursuance of the order, and for conferring rights as to the use or maintenance of apparatus so provided; (f) for requiring the Minister of Transport or any other specified authority or person- (i) to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is ascribable to the doing of any such work ; or (ii) to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section one or section two of the Restriction of Ribbon Develop- ment Act, 1935, as respects any highway stopped up or diverted under the order. (3) An order under subsection (1) of this section may contain such consequential, incidental and supplemental provisions as appear to the Minister of Transport to be necessary or expedient for the purposes of the order. (4) Any such order shall be subject to special parliamentary procedure. PAGENO="1231" AiR LAWS ANT) TUI~AT11~~-~ OF TFTE WORLD 2631 The First Schedule to the Statutory Orders (Special Procedure) PART LII Act, 1945 (which sets out the notices to be given and the other -~°`~ requirements to be complied with before an order is made) shall apply in relation to orders made under this section, but shall, as it applies in relation to those orders, have effect as if para- graph 1 of the said Schedule included provisions : - (a) requiring notice of the order as proposed to be made to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted under the order (b) requiring notice of the order as proposed to be made to be sent to every local authority in whose area any high- way to be stopped up or diverted under the order, or any highway to be provided or improved under the order, is or will be situated ; and (c) requiring notice of the order as proposed to be made to be served upon any water, gas or electricity under- takers having any cables, mains, pipes or wires laid along, across, under or over any highway to be stopped up or diverted under the order. In this subsection the expression "local authority" includes a parish council and the parish meeting of a rural parish not having a separate parish council. (5) Thern powers of the Minister of Transport under subsection (1) of this section shall include power to make an order authoris- ing the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment; and the provisions of this section shall not prejudice any power conferred upon the Minister of Transport by any other enact- ment to authorise the stopping up or diversion of a highway. 6) The Minister of Transport may be authorised to purchase hind compulsorily for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under subsection (1) of this section, or for any other purpose for which land is required in connection with such an order; and, in relation to land in England or Wales, the pro- visions of the Acquisition of Land (Authorisation Procedure) Act. 1946, except section two thereof, shall have effect as if, at the end of paragraph (h) of subsection (1) of section one thereof. there were inserted the words or under section twenty-eight of the Civil Aviation Act, 1949 `7J In the application of this section to Scotland- (a for paragraph (b) of subsection (2) there shall be substituted the following paragraph- "(b) for directing that any highway to be pro- vided or improved in pursuance of the order shall PAGENO="1232" 2632 AIR LAWS AND TREATIES OF THE WORLD P~T m be maintained and managed by a county or town -conr. council and for specifying the council which is to be responsible for such maintenance and management;" (b) in subsection (4) for the references to the First Schedule to the Statutory Orders (Special Procedure) Act, 1945, and paragraph 1 thereof there shall be substituted respectively references to section two of that Act as it applies to Scotland and to subsection (1) of that section, and the words from "In this subsection" to the end of the subsection shall be omitted. (8) The powers exercisable by the Minister of Transport under this section shall, as regards land in Northern Ireland, be exer- cisable by the Ministry of Commerce for Northern Ireland ; and accordingly the references to the Minister of Transport in this section, shall, in relation to land in Northern Ireland, be construed as references to the Ministry of Commerce for Northern Ireland: Provided that this section shall, in its application to Northern Ireland as aforesaid, have effect as if- (a) for the words "repairable by the inhabitants at large" in paragraph (b) of subsection (2) there were substi- tuted the words " maintainable at the cost of a county or county district as the case may be " ; - (b) sub-paragraph (ii) of paragraph (1) of subsection (2) were omitted (c) subsection (4) were omitted; (d) the following subsection were substituted for subsec- tion (6)- "(6) The powers of compulsory acquisition of land exercisable by the Ministry of Commerce for Northern Ireland under subsection (3) of section thirty-four of the Roads Act (Northern Ireland), 1948, shall include the power to acquire lands com- pulsorily in accordance with the provisions of the said subsection, for the purpose of providing or im- proving any highway which is to be provided or improved in pursuance of an order under sub- section (1) of this section or for any other purpose for which land is required in connection with such an order, and the said Act shall have effect accordingly. The powers conferred on the said Ministry by this subsection shall be exercisable in relation to any land notwithstanding that such land is the property of a statutory undertaker or is declared by any other enactment to be inalienable PAGENO="1233" AIR LAWS AXD T1IF;ATIE~ OF THE WORLD 2633 29.-(1) Where a Minister has, under or in pursuance of this P~T HI Part of this Act, made an order- -cont. (a) authorising the compulsory purchase of land ; Power of entry (b) providing for the creation in his favour of easements for purposes of over land or of other rights in or in relation to land ; or survey. (c) declaring that any area of land shall be subject to control by directions; or has under consideration the making of any such order, any person authorised in writing by that Minister may at all reason- able times, on producing, if so required, evidence of his authority in that behalf, enter upon any of that land in order to make any survey which the Minister requires to be made for the pur- pose of any steps to be taken in consequence of the order or, as the case may be, for the purpose of determining whether the order should be made: Provided that admission shall not, by virtue of this subsection, be demanded as of right to any land which is occupied unless twenty-four hours' notice of the intended entry has been served on the occupier. (2) If any person obstructs a person so authorised as aforesaid in the exercise of any power conferred by this section, he shall be liable on summary conviction to a fine not exceeding twenty pounds. (3) Proceedings under this section for an offence shall not, in England or Wales, be instituted except by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions, and shall not, in Northern Ireland, be insti- tuted except by or with the consent of the Minister, or by the Attorney-General for Northern Ireland. (4) Where such an offence as aforesaid ha's been committed by a body corporate, every person who at the time of the com- mission of the offence was a director, general manager, secre- tary or other similar officer of the body corporate, or was pur- porting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. In this subsection the expression "director" includes any person occupying the position of director, by whatever name called. (5) Where any land is damaged in the exercise of a power of entry conferred in pursuance of an authority given under this section, or in the making of any survey for the purpose of which any such power of entry has been so conferred, the Minister by whom the authority was given shall pay such compensation J9-737 O-C5---vol. 11-78 PAGENO="1234" 2634 AIR LAWS AND TEF;ATTES OF THE WORLD PART III to the persons interested in the land as may be just; and where -corn. any dispute arises as to whether compensation is payable under this subsection, or as to the amount of any such compensation, or as to the persons to whom it is payable, the dispute shall be referred to and determined by the Lands Tribunal. Special 30.-ti) Subject to the provisions of this section, the corn- provisions pensation to be paid to a statutory undertaker- reIatin~to (a) in respect of the compulsory purchase, in pursuance of undertakers, this Part of this Act, otherwise than under section nineteen, of any land held by the undertaker for the purposes of the carrying on of his undertaking; (b in respect of the creation, by virtue of an order made under this Part of this Act, otherwise than under section nineteen, of any easement over any such land or of any other right in or in relation to such land; (c) in respect of any direction under section twenty-six of this Act which affects any building, structure or apparatus held or used by him for the purposes of his undertaking, or which affects any of his rights to instal or maintain apparatus for those purposes, or which affects any right of way enjoyed by him for those purposes; shall in default of agreement be assessed by the arbitration of the tribunal constituted in accordance with the provisions of Part II of the Fourth Schedule to the Town and Country Plan- ning Act, 1944, and the amount of the compensation shall be an amount calculated in accord~rc.: with the provisions of paragraph 2 of that Schel!lle Provided that, as r~s~ ~:` s c~mpensation in respect of a com- pulsory purchase. ~, .~ek i..~ the expiration of two months from the date on willeD ~ to treat is served in respect of the interest of the persoi~ by whom the statutory undertaking is carried on. that r~'on gives notice in writing to the Minister by whom the order was made that he elects that, as respects all or any ot the land comprised in the purchase, the compensa- tion shall be ascertained in accordance with the enactments, other than Rule (5) of the Rules set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, which would be applicable apart from the provisions of this subsection, the compensation shall be so ascertained. (2) The said paragraph 2 shall have effect for the purposes of this section as if, in sub-paragraph (1) thereof, the words under section twenty-five of this Act" were omitted, as if, at the end of the said sub-paragraph, there were inserted the following words- e) in the case of compensation in respect of the imposi- tion of a requirement to demolish a building or PAGENO="1235" AIR LAWS AND TREATIES OF THE WORLD 2635 structure either wholly or in part, any expense reason- PART Hi ably incurred by the person carrying on the undertaking -corn'. in complying with the requirement, reduced by the value to that person of any materials derived from the demolished building or structure, or from the de- molished part of the building or structure, as the case may be;" and as if, in sub-paragraph (4) thereof, any reference to the imposition of a requirement included a reference to anything which may be done by virtue of an order made under this Part of this Act. (3) The foregoing provisions of this section as to the assess- ment of compensation shall not have effect- (a) in the case of the compulsory purchase of land, unless the appropriate Minister has, upon a representation - made to him before the expiration of the time within which objections may be made to the compulsory purchase order, certified that the land is in respect of its nature or situation of such a kind that it is com- parable less with the generality of land than with land held for the purpose of the carrying on of statutory undertakings; (b) in the case of the creation of any easement over land or any other right in or in relation to land, unless the appropriate Minister has, upon a representation made to him before the expiration of the time within which objections may be made to the order providing for the creation of that easement or right, certified that the land in question is of such a kind as aforesaid; and (c) in the case of any direction which affects a building or structure, unless the appropriate Minister has, upon a representation made to him before the expiration of the time within which an application may be made to the court with respect to the direction in accordance with the provisions of Part II of the First Schedule to this Act, certified that the building or structure is in respect of its nature or situation comparable less with the generality of buildings or structures than with buildings or structures held for the purpose of the carrying on of statutory undertakings. (4) The provisions of the Fourth Schedule to this Act (being provisions substantially corresponding to sections twenty-six and twenty-seven of the Town and Country Planning Act, 1944 and to sections twenty-five and twenty-six of the Town and Country Planning (Scotland) Act, 1945) shall have effect for the purpose of making any adjustments of the functions of statutory under- takers which may be necessary in consequence of the provisions of this Part of this Act: PAGENO="1236" 2636 AIR LAWS AND TEEATIE~ OF THE WORLD PART iii Provided that the references in that Schedule to an order made *-cont. in pursuance of this Part of this Act shall not include a reference to any order made in pursuance of subsection (2) of section nineteen. (5) In the application of this section to Scotland references to the Town and Country Planning (Scotland) Act, shall be substi- tuted for references to the Town and Country Planning Act, 1945, but the references to enactments therein shall be the same except that in subsection (2) of this section for the words" section twenty-five" there shall be substituted the words "section twenty-four (6) This section shall not extend to Northern Ireland. Displacements 31.-(l) Where the Minister has acquired land for purposes from land. connected with the discharge of his functions, or gives a direction in relation to any land under section twenty-six of this Act, and the use of the land by the Minister for those purposes, or, as the case may be, the execution of the direction, will involve the displacement of persons residing in premises on the land, it shall be the duty of the Minister, in so far as there is not other residential accommodation available on reasonable terms to the persons who require it in consequence of the di~placement, being residential accommodation suitable to the reasonable require- ments of those persons, to secure the provision of such accom- modation in advance of the displacement: Provided that the Minister shall not be required by virtue of this subsection to secure the provision of accommodation in advance of a displacement if he is satisfied that for reasons of exceptional public importance it is essential that the displacement should be effected before such accommodation as aforesaid can be found. (2) Where upon the determination of any tenancy the Minister is entitled to possession of any building, or any part of a building, then, whatever may be the value or rent of the building or part of a building, the Minister may obtain possession thereof under the Small Tenements Recovery Act, 1838, as in the cases therein provided for, at any time after the tenancy has expired or has been determined. (3) The Minister may pay : - (a) to any person who is displaced in order that land may be used by the Minister for purposes connected with the discharge of his functions, such reasonable allowance as the Minister thinks fit towards the expenses of that person in removing; tb) to a person carrying on any business in a building from which he is so displaced, such reasonable allowance (in addition to any allowance paid under the foregoing PAGENO="1237" AIR LAWS AND T1ILATIL~ OF TI-U: WORLD 2637 paragraph) as the Minister thinks fit towards the loss PART Ill which, in the opinion of the Minister, that person will -coat. sustain by reason of the disturbance to his business consequent upon his having to quit the building. In estimating any such loss as aforesaid the Minister shall have regard to the period for which the premises occupied by the person displaced might reasonably have been expected to be available for the purpose of his business, and to the availability of other premises suitable for that purpose. (4) Where the Minister of Transport or the Ministry of Com- merce for Northern Ireland acquires land in pursuance of this Part of this Act, the provisions of this section shall have effect in relation to that land as if the references therein to the Minister were references to the Minister of Transport or the said Ministry, as the case may be, and as if the references therein to purposes connected with the discharge of the functions of the Minister were references to the purposes for which the land is so acquired by the Minister of Transport or the said Ministry. as the case may be. (5) In the application of subsection (2) of this section to Scot- land, for the words from "whatever ", to the end of the sub- section there shall be substituted the words at any time after the tenancy has expired or has been determined, the Minister may serve notice on the occupier of the building or part of the building requiring him to remove therefrom within a period of twenty-one days; and on the expiry of that period a certified copy of the notice to remove shall be sufficient warrant for ejection against the occupier or any party in his right in the event of non-compliance with the notice (6) In the application of subsection (2) of this section to Northern Ireland, the reference to the Small Tenements Recovery Act, 1838, shall be construed as a reference to Part IV of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935. 32.-(l) Section twenty-eight of the Town and Country Plan- Consecrate fling Act, 1944, and section twenty-seven of the Town and land and Country Planning (Scotland) Act, 1945 (which relate to con- burial secrated land and burial grounds) shall, as respectively amended grounds. by the Town and Country Planning Act, 1947, and the Town and Country Planning (Scotland) Act, 1947, have effect in rela- tion to any land acquired by the Minister as if the Minister had acquired that land under Part IV or Part III of the said Acts of 1947, as the case may be: Provided that the power of making regulations for the pur- poses of the said sections as applied by this section shall be exercisable by the Minister, and accordingly the references in subsection (3) of the said section twenty-eight to " the Minister PAGENO="1238" 2638 AIfl L.\WS AND TEEATIE~ OF THE WORLD PART III and the references in subsection (2) of the said section twenty- -cont. seven to the Secretary of State shall be construed as including references to the Minister of Civil Aviation. (2) Any statutory instrument containing regulations made by the Minister by virtue of this section shall be subject to annul- ment in pursuance of a resolution of either House of Parliament. (3) When land has been acquired by the Minister of Transport in pursuance of this Part ot u~s Act, the foregoing provisions of this section shall have effect as if the land had been acquired by the Minister of Civil Aviation, but with the substitution of references to the Minister of Transport for references to the Minister of Civil Aviation. (4) This section shall not extend to Northern Ireland. Registration 33.-(l) As soon as may be after any of the following instru- of certain ments, that is to say- or~ei~sin~he (a) an order under section twenty-four of this Act; local land (b) an order under section twenty-five of this Act, other than charges. an order for the imposition of prohibitions or restric- tions on the use of water; or (c) an order under section twenty-six of this Act or any direction given under such an order; becomes operative, it shall be registered in the prescribed manner in the register of local land charges by the proper officer of any local authority in whose area the land to which the instrument relates, or any part of that land, is situated. In this subsection the expression "local authority" means the council of a county and the council of a county borough. (2) As soon as may be after such an instrument has become operative it shall be the duty of the Minister to notify that fact to the proper officer of the local authority by whom the instru- ment is required to be registered as aforesaid, and to furnish to him all necessary information relating to the instrument. (3) The power conferred by subsection (6) of section fifteen of the Land Charges Act, 1925, to make rules for giving effect to the provisions of that section shall be exercisable for giving effect to the provisions of this section, and in this section the expression "prescribed" means prescribed by rules made in the exercise of that power. (4) The foregoing provisions of this section shall not apply in Scotland, but where any such instrument as is mentioned in subsection (1) becomes operative, it shall be recorded in the appropriate register of sasines, and on being so recorded shall be enforceable against any person having or subsequently acquiring any estate or interest in the land to which the order or direction relates. PAGENO="1239" AII~ LA\V'- ~NI) TflF:.V1.Il:~ (>1 TI-I I \VOHLD 2639 (5) The foregoing provisions of this section shall not apply PART III to Northern Ireland but where any such instrument as is men- -cont. tioned in subsection (1) adversely affects land in Northern Ireland, then- (a) if the land is registered land to which the Local Regis- tration of Title (Ireland) Act, 1891, applies, the instru- ment on the lodgment by the Minister of a copy thereof with the Registrar of Titles shall, notwithstanding any- thing in the said Act or rules made thereunder be registered as a burden affecting the land and created after the first registration of the land, and may be so registered without the concurrence of the registered owner of the land or the production of the land certi- ficate, without prejudice, however, to the power of the registering authority to order the production of the land certificate under subsection (2) of section eighty- one of the said Act and (b) if the land is not registered land to which the said Act applies, the instrument shall, on lodgment by the Minister of a copy thereof with the Registrar of Deeds for Northern Ireland, be registered in the Registry of Deeds, Northern Ireland, as an instrument affecting the lands to which the instrument relates. 34.-(1 Any notice required to be served on any person for Notices. the purposes of this Part of this Act may be served on him either by delivering it to him, or by leaving it at his proper address, or by post, so however that the notice shall not be duly served by post unless it is sent by registered letter. (2) Any such notice required to be served upon an incor- porated company or body shall be duly served if it is served on the secretary or clerk of the company or body. (3) For the purposes of this section and of section twenty-six of the Interpretation Act, 1889, the proper address of any person upon whom any such notice as aforesaid is to be served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the com- pany or body, and in any other case be the last known address of the person to be served: Provided that where the person to be served has furnished an address for service, his proper address for the purposes afore- said shall be the address furnished. (4) If it is not practicable after reasonable inquiry to ascertain the name or address of any owner, lessee or occupier of land on whom any such notice as aforesaid is to be served, the notice may be served by addressing it to him by the description of "owner," "lessee" pr "occupier" of the land (describing it) PAGENO="1240" 2640 AID LAW s AND TIIEATIES OF THE WORLD PART III to which the notice relates, and by delivering it to some person -corn. on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. (5) In the application of this Part of this Act to Scotland, any provision therein requiring notice to be served on the owners, lessees, or occupiers of any land shall be deemed to be complied with if notice is served on all the persons appearing from the valuation roll to have an interest in the land, and any reference in this Part of this Act to owners, lessees, or occupiers shall be construed accordingly. Service of a notice on a person so appearing to have an interest may be effected by sending the notice in a registered letter addressed to him at his address as entered in the valuation roll. Exemptions 35.-(l) Stamp duty shall not be payable on any conveyance from stamp of land, or on any instrument creating or disposing of any right duty. in or in relation to land, being a conveyance or instrument to which the Minister of Civil Aviation is a party, if the Minister of Civil Aviation certifies that the duty would fall to be defrayed as part of his expenses. (2) Stamp duty shall not be payable on any conveyance of land to which the Minister of Transport or the Ministry of Com- merce for Northern Ireland is a party, if the Minister of Trans- port or that Ministry, as the case may be, certifies that the con- veyance is made for the purpose of this Part of this Act, and that the duty would fall to be defrayed as part of his expenses. 3) For the purposes of section six of the Government of Ireland Act, 1920 (which relates to the power of the Parliament of Northern Ireland to make laws) the foregoing provisions of this section shall be deemed to be provisions of an Act passed before the appointed day. Compensation 36.-(l) The Minister shall by regulations provide for securing of officers. that where after the passing of the Civil Aviation Act, 1946, he acquires an aerodrome the following persons that is to say- (a) any person who immediately before the acquisition was employed by the aerodrome undertaking in full-time service wholly or mainly connected with the main- tenance or use of the aerodrome; and (h) any person who, having been employed by the aerodrome undertaking before the acquisition in such service as is mentioned in the preceding paragraph, would have been within that paragraph but for any war service in which he has been engaged; shall, in such cases, to such extent and subject to such conditions as the Minister thinks proper, be entitled to receive compensation \ 1~Iiih I I 1ran~j)(I an(i (i~iI _-\~ PAGENO="1241" IL I..\\V~ .\ N I) TI I I: ~FT H L WOL LI) 2641 from the Minister for damage sustained by them in respect of PART in their employment or their opportunities of re-employment, being -coat. damage attributable to the acquisition of the aerodrome. (2) Regulations made under this section may include such incidental, consequential and supplemental provisions, including provisions with respect to the procedure for determining ques- tions, as the Minister thinks expedient for the purposes of the regulations. (3) No regulations shall be made under this section unless a draft of the instrument containing the regulations has been laid before Parliament and has been approved by resolution of each House of Parliament. (4) In this section the expression "war service" means service in any of His Majesty's forces and such other employment as may be prescribed by regulations made under this section. Supplemental 37.-(l) Any two justices of the peace may appoint such Power to persons as may be nominated for the purpose by the Minister apPoint to be special constables on any premises for the time being ~~a1bIes vested in the Minister or under his control. (2) Every person- so appointed shall be sworn in by the jus- tices duly to execute the office of a constable on the premises aforesaid, and when so sworn in shall, on those premises, have the powers and privileges and be liable to the duties and responsibilities of a constable. (3) Special constables appointed under this section shall be under the exclusive control of the Minister, and the Minister shall have power to suspend or terminate the appointment of any such special constable. (4) In the application of this section to Scotland, references to. two justices of the peace shall be construed as references to the magistrates of a burgh or to the council of a county, as the case may be, and references to swearing in shall be con- strued as references to making a declaration in the form and manner prescribed in ~section seventy-nine of the Burgh Police (Scotland) Act, 1892, and section eleven of the Police (Scotland) Act, 1 857, respectively. 38.-(1) If any person trespasses on any land forming part of Trespassing on an aerodrome licensed in pursuance of an Order in Council hcensed under section eight of this Act, he shall be liable, on summary aero romes. conviction to a fine not exceeding five pounds: Provided that- no person shall be liable to any penalty under this section unless it is proved that, at the material time, notices warning trespassers of their liability under this section were PAGENO="1242" 2642 ~ii~ I~AW~ AND Tfl l:ATIES OF THE WOELD PART rn posted so as to be readily seen and read by members of the -con:, public, in such positions on or near the boundary of the aero- - drome as appear to the court to be proper. (2) Part VI of this Act applies to this section. Expenses of 39.-(l) Any expenses incurred by the Minister of Transport 6 Part HI. or the Ministry of Commerce for Northern Ireland in consequence of the passing of this Part of this Act shall, to such extent as the Treasury may direct, be defrayed by the Min~ster of Civil Aviation or by the Minister of Supply. (2) Any expenses incurred by the Minister of Supply by reason of any such direction as aforesaid shall be defrayed out of moneys provided by Parliament. (3) Except in so far as any expenses incu~rred by the Minister of Transport in consequence of the passing of this Part of this Act fall, by virtue of any such direction as aforesaid, to be de- frayed by the Minister of CiviL Aviation or the Min~ster of Supply, or fall to be defrayed out of thc~ Road FiisLld under any~ other Act, they shall be defrayed~ out :of moneys~provided b~' Parliament. (4) There shall be defrayed out o~ moneys provided by Parlia- ment any such increase in th~ sums payable into the Road Fund out of moneys so provided as is attributable to the passing of this Part of this Act. (5) Any expenses incurred by the Minister, ,the Minister of Health or the Secretary of State in consequence of the passing of this Part of. this Act shall be defrayed out of moneys provided by Parliament. P~iIV LIABILITY F(YR DAMAGE, ETC., CAUSED BY AIRCRAFT Liability of 40.-(l) No action shall 1ie in respect of trespass or in respect aircraft in of nuisance, by reason only of the ifight of an aircraft over any respect of property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case is reason- surface able, or the ordinary incidents of such flight so long as thC damage, provisions of Part II and this Part of this Act and any Order in Council or order made under Part II or this Part of th~ Act are duly complied with. (2) Whore 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 See note Sspsa as to "Minister of Transport and Civil Aviation In Subsection 3 the words `or fall to be defrayed out of the Road Fund under ans other Act and Subsection 4), are repealed on the winding up of the Road Fund by the Miscellaneous Financial Provisions Act. 1955 (c. 6) Section 4(4), Sch II, Part II PAGENO="1243" AlI~ LAWS ~NI) TJfl\T1 115 ifiT 1111 WULLD 2643 landing, then unless the loss or damage was caused or contri- PART iV buted to by the negligence of the person by whom it was suffered, -cont. damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft: Provided that where material loss or damage is caused as aforesaid in circumstances in which- (a) damages are recoverable in respect of the said loss or damage by virtue only of the foregoing provisions of this subsection ; and (b) a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage; the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage. 41.-(l) An Order in Council under section eight of this Act Nuisance may provide for regulating the conditions under which noise and caused by vibration may be caused by aircraft on aerodromes and may provide that subsection (2) of this section shall apply to any aerodrome as respects which provision as to noise and vibration caused by aircraft is so made. (2) No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which this subsection applies by virtue of an Order in Council under section eight of this Act, as long as the provisions of any such Order in Council are duly complied with. 42.-(1) Subject to the provisions of this Part of this Act, Limitation of where a person or his estate is liable to pay damages. by reason liability. of loss or damage which, after the appointed day, is caused on any one occasion to persons or property on land or water by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off or landing, his or, as the case may be, his estate's total liability to pay damages by reason of the loss or damage shall be limited in accordance with the provisions of the Fifth Schedule to this Act Ptovided that a person or, as the case may be, his estate shall not be entitled to the benefit of this section in relation to any such loss or damage as aforesaid in any case in which it is proved that the loss or damage is attributable to his wilful mis- conduct or to wilful misconduct on the part of any of his servants or agents, unless (in a case where the loss or damage is attributable to wilful misconduct on the part of any of his servants or agents) it is proved that the loss or damage occurred without his actual fault or privity. PAGENO="1244" 2644 AlU LA\V~ ANI) TREATIES OF THE WORLD PART IV (2) Any reference in this Act to the total limit of liability -cont. appropriate to an aircraft shall be construed as a reference to the total amount to which a person could, in the circumstances mentioned in the foregoing subsection, limit his liability to pay damages in respect of loss or damage caused on any one occasion by that aircraft, whether to persons or to property; and any reference in this Act to the limit of liability for property claims appropriate to an aircraft shall be construed as a reference to the amount to which a person could, in such circum~tances, limit his liability to pay damages in respect of loss or damage caused on any one occasion by that aircraft, if that loss or damage were only loss of, or damage to, property. (3) Without prejudice to the operation of the next following section, a person or, as the case may be, his estate shall not be entitled to the benefit of this section in relation to any loss or damage, if, at the time of the happening of the event which was the cause of the loss or damage, he was not the owner of the aircraft concerned and was in, or in possession or control of, the aircraft without the authority or permission of the owner thereof. (4) Where any person or the estate of any person is alleged to be under any liability in respect of such loss or damage as is mentioned in subsection (1) of this section, and several claims for damages are made or apprehended in respect of that liability, the said person or his personal representative, as the case may be, may make application to the High Court, and thereupon the court may assess the liability to pay damages, and determine whether, and, if so, to what amount, it can be limited under this section, dealing separately, if need be, with such of the claims as are in respect of loss of or damage to property, and, if the liability can be so limited, may distribute the amount thereof among the several claims on the following principles : - (a) if the claims are solely in respect of loss of life or personal injury or solely in1~espect of loss of, or damage to, property, the amount of the liability shall be dis- tributed rateably; (b) if there 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 appro- priate to the aircraft concerned shall be appropriated, so far as necessary, to meeting claims for loss of life or personal injury and shall be distributed rateably among them, and the other half shall be distributed rateably among all the claims, including claims in respect of loss of life or personal injury if and so far as they exceed the aforesaid appropriation. PAGENO="1245" AII~ LA\VSA AN[) Tfli.\FI i:~ )T~ TH F: \VOflLT) 2645 (5) Where an application is made to the court under the last PART IV foregoing subsection, the court may stay any proceedings pend- -cont. ing in any other court in relation to the same matter, and may give such directions as the court thinks proper for the joining of persons interested as parties to the proceedings, for the ex- clusion of claims which are not brought before the court within a certain time, and for requiring security from the person by whom the application to the court was made. (6) Nothing in this or the last but one foregoing section shall affect the operation of the Carriage by Air Act, 1932, or any contract for the carriage of passengers or goods by air in so far as the contract provides for determining or limiting the liability of the carrier thereunder. 43.-(l) Subject to the provisions of this section, a person Compulsory shall not fly, or cause or permit any other person to fly, an third-party aircraft, unless there is in force in relation to the flying of the insurance. aircraft by that person or that other person, as the case may be,- (a) a policy of insurance issued by an authorised insurer which, subject to any restrictions or conditions specified therein, insures the owner of the aircraft against all liability which he may incur in respect of loss or damage caused to persons or property on land or water by, or by any person in, or any article or person falling from, the aircraft while in flight, taking off or landing, or (b) a security given by an authorised giver of securities, being a security which consists of an undertaking by the giver of the security to make good, subject to any restrictions or conditions specified therein, any failure by the owner of the. aircraft to discharge any such liability as aforesaid and a person or, as the case may be, his estate shall not be entitled to the benefit of the last foregoing section in relafion to any claim made in respect of such loss or damage as afore- said, unless it is proved that such a policy or security as afore- said was in force in relation to the flying of the aircraft con- cerned at the time of the happening of the event which was the cause of the loss or damage giving rise to the claim, or, if the claim is made against the person who at that time was the owner of the aircraft or against his estate, that the aircraft was then in the possession or control of some other person without the authority or permission of the owner. (2) If any person contravenes this section, he shall be liable, on summary conviction, to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding six months or to both. PAGENO="1246" 2646 *~II~ I. ~ .\NI) TEI;ATIF:s OF THE WORLD PPRT iv (3) The foregoing provisions of this section shall not apply -cont. to an aircraft of which, at the material time, the owner is a local authority, a police authority or the Receiver for the Metro- politan Police District, or which, at that time, is being used for police purposes by, or under the direction of, a police officer or by a person employed by a police authority or employed by the said receiver, and shall not apply to any aircraft if and so long as the owner thereof has deposited, and keeps deposited, with the Accountant-General of the Supreme Court of Judica- ture in England, for and on behalf of that court, an amount at least equal to the total limit of liability appropriate to that aircraft or, where he is the owner of three or more aircraft, an amount at least equal to the aggregate of the two greatest of the total limits of liability appropriate to those aircraft respectively. 4) For the purpose of this section except as it applies in Northern Ireland any person or body of persons carryir~g on in Great Britain marine, aviation and transit insurance business shall be an authorised insurer: Provided that- (a) an assurance company which, immediately before the twenty-ninth day of October, nineteen hundred and forty-five, was carrying on in Great Britain assurance business of any class to which the Assurance Com- panies Act, 1909, applies in compliance with such of the provisions of that Act as then applied to the company and to that class of business; and (b) an association as respects which an order is for the time being in force under paragraph 3 of Part III of the Second Schedule to the Assurance Companies Act, 1946, shall not for that purpose be an authorised insurer, unless it is a body corporate having a paid up share capital of not less than fifty thousand pounds (as required by section two of the said Act of 1946). For the purposes of paragraph 1 o~ Part V of the said Second Schedule (which authorises the Board of Trade by regulations to adapt references in that Scbedule to the said limit of fifty thousand pounds) the proviso to this subsection shall be treated as if contained in that Schedule. (5) For the purpose of this section as it applies in Northern Ireland any person or body of persons carrying on in the United Kingdom marine, aviation and transit insurance business shall be an authorised insurer: Provided that- (a) an insurance company which, immediately before the first day of December, nineteen hundred and forty-six, PAGENO="1247" ~Il~ LAWS ANT) TIn:AT I i:s (IF TI-IF WORLI) 2647 was carrying on in the United Kingdom assurance PART IV business of any class to which the Assurance Corn- -con!. panies Act, 1909, applies in compliance with such of the provisions of that Act as then applied to the company and to that class of business; and (b) an association as respects which an order `is for the time being in force under paragraph 3 of Part III of the Second Schedule to the Assurance Companies Act (Northern Ireland), 1947, shall not for that purpose be an authorised insurer unless it is a body corporate having a paid-up share capital of not less than fifty thousand pounds (as required by section two of the said Act of 1947). For the purposes of paragraph 1 of Part V of the said Second Schedule (which authorises the Ministry of Commerce for Northern Ireland by regulations to adapt references in that Schedule to the said limit of fifty thousand pounds) the proviso to this subsection shall be treated as if contained in that Schedule. No limitation on the powers of the Parliament of Northern Ireland contained in the Government of Ireland Act, 1920, shall preclude that Parliament from amending or repealing the provisions of this subsection. (6) In this section : - (a) the expression "authorised giver of securities" means either an authorised insurer or a body of persons which carries on in the United Kingdom the business of giving securities of the kind required by this Part of this Act, and which has deposited and keeps deposited with the Accountant-General of the Supreme Court of Judica- ture in England, for and on behalf of that Court, the sum of fifteen thousand pounds in respect of that business ; and (b) the expression "local authority" except in relation to Scotland means the council of a county, county borough, metropolitan borough or county district, the common council of the City of London, or any joint board or joint committee which is so constituted as to include among its members representatives of any such council and in relation to Scotland means any county, town or district council, or any joint com- mittee which is so constituted as to include among its members representatives of any such council. PAGENO="1248" 2648 \J1~ LAWs AND TREATIES OF THE WORLD PART IV 44. A policy of insurance or a security shall be of no effect -cont. for the purposes of the foregoing provisions of this Part of this Certificates of Act, unless and until there is delivered by the insurer to the 1nsUra~nce or person by whom the policy is effected, or by the giver of the security to the person to whom it is given, a certificate in such form, and containing such particulars with respect to the policy or security, as may be prescribed by the Minister, and any such certificate relating to a policy or certificate relating to a security is hereafter in this Act referred to as a "certificate of insurance" or "certificate of security," as the case may be. Rights under 45. The provisions of the Sixth Schedule to this Act (being policies, etc. provisions which, subject to certain adaptations, modifications and exceptions, correspond with the provisions of the Road Traffic Acts, l93O~ and 1934, referred to in the margin of the said Schedule) shall have effect in relation to policies of insur- ance, securities and deposits required for the purposes of the foregoing provisions of this Part of this Act. OtTences in 46.-(l) If any person, with intent to obtain fcrr himself or connection any other person such a policy of insurance or such a security. with policies, as is required by this Part of this Act, fails to disclose a fact etc. which he knows to be a material fact, or makes a representation of fact which he knows to be false in a material particular, he shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or to both. (2) If any person issues a certificate of insurance or certificate of security which is to his knowledge false in any material particular, he shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or to both. Survival of 47. Except in so far as the Parliament of Northern Ireland causes ,f may otherwise enact, the provisions contained in the Seventh Schedule to this Act (which, subject to certain adaptations, modi- Ireland. fications and exceptions, correspond with provisions of the Law Reform (Miscellaneous Provisions) Act, 1934, relating to the survival of causes of action) shall have effect in Northern Ireland with respect to causes of action in respect of loss or damage which after the appointed day is caused to persons or property on land or water by, or by persons in, or articles or persons falling from, aircraft while in flight, taking off or landing. Power to give 48.-(l) Whereas a Convention for the unification of certain ~ect to Rome rules relating to damage caused by aircraft to third parties on the surface was, on the twenty-ninth day of May, mneteen Secuon 4~ Rrpealrd to hr Law Reform Miscellaneous Provistonsj Act North- ern Ireland. l9~4 c `5 1 Sec~on 6(2)~bL PAGENO="1249" AII~ L\\Vs ~NI) Tfl1.~TIEs oF TI-IF; ~VoflLf) 2649 hundred and thirty-three, signed in Rome on behalf of His PART iv Majesty, and a copy of that Convention has been laid before -cont. each House of Parliament: And whereas it is expedient that provision should be made for giving effect to the said Convention: Now, therefore, His Majesty may, if it appears to His Majesty in Council to be necessary or expedient so to do for the purpose of giving effect to the said Convention, make an Order in Council- (a) directing- (i) that the provisions set out in the Order shall, in relation to aircraft registered in any such country other than the United Kingdom as may be specified in the Order, have effect in lieu of the provisions of this Part of this Act, save section forty-one; or (ii) that all or any of the said provisions shall, in relation to such aircraft as aforesaid, have effect subject to such modifications, adaptations and excep- tions as may be specified in the Order; (b) making such provision as appears to His Majesty in Council to be required for securing that an aircraft registered in the United Kingdom shall not ieave the United Kingdom on a flight to or over any such country as aforesaid, unless there is on board the aircraft a certificate relating to a policy of insurance, a security or a deposit of money in respect of the aircraft, being a certificate in such form, and issued by such person, and containing such particulars, as may be prescribed by the Order. (2) If the Convention recited in the foregoing subsection is amended by any Convention or agreement to which His Majesty or Hi~ Majesty's Government in the United Kingdom is a party, the said subsection shall have effect as if any reference therein to" the said Convention "were a reference to the first-mentioned Convention as so amended. 49.-(1) In this Part of this Act- Supplemental ,, provisions for certificate of insurance and certificate of security Part IV. have the meanings assigned to them by section forty- four of this Act. "material ", in relation to any fact or particular, means of such a nature as to influence the judgment of a prudent insurer or giver of securities in determining whether he will take the risk or provide security, and, 39-737 0-65-vol. II-79 PAGENO="1250" 2650 AIR L.\\V~ .\NI) TREATIES OF THE WORLD PART IV if so, at what premium or for what consideration, -corn', as the case may be, and subject to what restrictions and conditions; "policy of insurance" includes a covering note. (2) Where the aircraft concerned has been bona fide demised, let or hired out for any period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this Part of this Act shall have effect as if for references therein to the owner there were sub- stituted references to the person to whom the aircraft has been so demised, let or hired out. (3) Part VI of this Act applies to this Part of this Act. Commence- 50. The provisions of sections forty-two to forty-eight of this mentof Act shall not come into operation Until such day as the Minister certain may by order appoint, and references in this Part of this Act to provisions in Part IV the appointed day shall be construed as references to the begin- fling of the day so appointed. An order under this section shall be made by statutory instrument. P~T V MISCELLANEOUS Application 51.-(l) Any services rendered in assisting, or in saving life. of law of from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or oyer the shores of the aircraft. sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel. The foregoing provisions of this subsection shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of His Majesty's dominions. (2) His Majesty may by Order in Council direct that any provisions of any Act for the time being in force which relate Ic' wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress shall, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, apply in relation to aircraft as those provisions apply in relation to vessels. PAGENO="1251" AT~ L\W~ ~~ND T1H.\T iL Till: ~V~)ULl) 2651 (3) For the purposes of this section, any provisions of an Act PART v which relate to vessels laid by or neglected as unfit for sea -cont. service shall be deemed to be provisions relating to wreck, and the expression "Act" shall be deemed to include any local or special Act and any provisions of the Harbours, Docks and Piers Clauses Act, 1847, as incorporated with any local or special Act, whenever passed. (4) Part VI of this Act applies to this section. 52.-(l) The power of His Majesty in Council under sub- Application to section (1) of section four hundred and eighteen of the Merchant seaplanes of Shipping Act, 1894, to make regulations for the prevention of as coffisions at sea shall include power to make regulations for the prevention of collisions at sea- (a) between seaplanes on the surface of the water, and (b) between vessels and seaplanes on the surface of the water; and accordingly the said section and sections four hundred and nineteen, four hundred and twenty-one and four hundred and twenty-four of the Merchant Shipping Act, 1894, shall apply in relation to seaplanes on the surface of the water as they apply in relation to ships or vessels, except that- (i) the reference in subsection (1) of the said section four hundred and eighteen to the Admiralty and the Minis- ter of Transport shall be construed as including a refer- ence to the Secretary of State and the Minister of Civil Aviation; (ii) for the purposes of subsection (2) of the said section four hundred and eighteen and for the purposes of the said section four hundred and twenty-four, sections four hundred and eighteeen, four hundred and nine- teen, four hundred and twenty-one and four hundred and twenty-four of the Merchant Shipping Act, 1894, shall be deemed to be the only provisions of Part V of that Act relating to the collision regulations or other- wise relating to collisions; and (iii) any reference in the said section four hundred and nineteen to the master or to the person in charge of the deck shall be construed as a reference to the pilot or other person on duty in charge of the seaplane. In this subsection the expression "vessels" has the same meaning as in the Merchant Shipping Act, 1894. (2) For the purpose of the Dockyard Ports Regulation Act, 1865, seaplanes when on the surface of the water shall be deemed to be vessels: Provided that the persons on whose recommendation rules under section seveti of that Act may be made shall, in the case Se- flOtC I PAGENO="1252" 2652 ~IH T~W~ A\D TRF:ATIES~ OF THE WORLD PART V of rules relating to seaplanes, include the Secretary of State and -cont. the Minister of Civil Aviation. (3~ Any enactment which confers or imposes oil a conservancy or harbour authority any power or duty to make byelaws for the regulation of ships or vessels shall be construed as if the power or duty so conferred or imposed included a power or duty to make byelaws for the regulation of seaplanes when on the sur- face of the water, and also a power to include in the byelaws provisions authorising the harbour master or other officer of the authority to exercise, as respects seaplanes on the surface of the water, all or any of the functions which he is authorised by the enactment in question to exercise as respects ships or vessels: Provided that byelaws made by virtue of this subsection shall not in any circumstances require, or authorise a harbour master or other officer to require, the dismantling of a seaplane or any part thereof or the making of any alteration whatever of the structure or equipment of a seaplane. (4) Where any enactment, whether by virtue of the last fore- going subsection or not, confers or imposes on a conservancy or harbour authority a power or duty to make byelaws for the regulation of seaplanes when on the surface of the water, or to include in the byelaws such provisions as are mentioned in the said subsection, the following provisions shall have effect : - (a) in a case where the enactment provides that the bye- laws shall not come into force unless they have been confirmed or approved by some Government Depart- ment, byelaws made thereunder in relation to sea- planes shall not be confirmed or approved by that Department except after consultation with the Secretary of State and the Minister of Civil Aviation; (b) in a case where the enactment in question does not provide as aforesaid, byelaws made thereunder after the end of July, nineteen hundred and thirty-six in re- lation to seaplanes shall not, except in a case where they are required to be allowed or approved by a court or a judge, come into force unless they have been confirmed by the Minister of Transport after consulta- tion with the Secretary of State and the Minister of Civil Aviation; (c) in a case where the enactment in question provides that the byelaws shall not come into force unless they have been allowed or approved by a court or a judge, the conservancy or harbour authority shall, before making application to that court or judge for the allowance of the byelaws, forward a copy thereof to the Secretary of State and the Minister of Civil Aviation, and the court or judge shall, before allowing or approving the See note I PAGENO="1253" AlE LAW~ AND TRI:ATIE~ OF THE WORLD 2653 byelaws, take into consideration any representations PART V made with respect thereto b~ or on behalf of the Secre- -con!. tary of State or the Minister of Civil Aviation.ut (5) For the purpose of this section- (a) the expression "enactment" shall be construed as including any provisional order for the time being in force (whether or not it has been confirmed by an Act), and the expression "byelaws" shall be con- strued as including rules and regulations; (b) the expressions "conservancy authority" and "har- bour authority" shall have the meanings respectively assigned to them by section seven hundred and forty- two of the Merchant Shipping Act, 1894; (c) the expression "seaplane"* shall be construed as including a flying boat and any other aircraft designed to manoeuvre on the water ; and (d) seaplanes taking off from, or alighting on, the water shall be deemed to be on the surface of the water while in contact therewith. (6) Part VI of this Act applies to this section. 53.-(1) Any lawful entry into the United Kingdom or any Exemption lawful transit across the United Kingdom, with or without of aircraft landings, of an aircraft to which this section applies shal not a~d Pafrts entail any seizure or detention of the aircraft or any proceedings ~ being brought against the owner or operator thereof or any other on patent interference therewith by or ~n behalf of any person in the claims. United Kingdom, on the ground that the conutruction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model. (2) The importation into, and storage in, the United Kingdom of spare parts and spare equipment for an aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in the United Kingdom on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model: Provided that this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in the United Kingdom or are exported from the United Kingdoai lot sale or d1~tr1bUt1O~&. The provisions of Subsection 4 of this section rr quirine consultation heisseen the Minister of Transport and the Minister of Civil As anon are repealed hs the Transfer of Functions I Ministry of Civil As iatinn Order. I 053. 5, 1 I 953, No. 204 PAGENO="1254" 2654 AJI~ LA\V~- 1) TR FAT I i;s (IF TFIF: WUHLD PART V (3) This section applies- -cont. (a) to an aircraft, oth'er than an aircraft used in military, customs or police services, registered in any country or territory in the case of which there is for the time being in force a declaration made by His Majesty by Order in Council, with a view to the fulfilment of the provisions of the Chicago Convention to which this section relates, that the benefits of those provisions apply to that country or territory, and (b) to such other aircraft as His Majesty may by Order in Council specify. 4) The provisions of the Eighth Schedule to this Act shall have effect with respect to the detention on patent claims in respect of foreign aircraft other than aircraft to which this section applies. (5) Part VI of this Act applies to this section. Explanation of 54. For the avoidance of doubt in the construction of the Carriage by Carriage by Air Act, 1932, whether as forming part of the law Air Act, 1932. of the United Kingdom or as extended to any other country or territory, it is hereby declared that references to agents in the First Schedule to that Act include references to servants. Recording and 55.-(l) The Minister may by regulations provide for require- registration ing such persons as may be specified in the regulations to keep of births and records and make returns to hini- ~ S~ e C* (a) of births and deaths occurring in any part of the world in any aircraft registered in Great Britain and Northern Ireland; and (b) of the death, outside the United Kingdom, of any person who, being a traveller on such an aircraft, is killed on the journey in consequence of an accident and for the keeping in his Department of a record of any returns made to him in accordance with any such requirement -as aforesaid. Any person who fails to comply with any such requirement shall be liable on summary conviction to ~ fine not exceeding twenty pounds. (2) Proceedings for an offence under this section shall not, in England or Wales, be instituted except by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions, and shall not, in Northern Ireland be in- stituted except by or with the consent of the Minister, or by the Attorney-General for Northern Ireland. (3) Where such an offence as aforesaid has been committed by a body corporate, every person who at the time of the com- mission of the offence was a director, general manager, secre- tary or other similar officer of the body corporate, or was pur- porting to act in any such capacity, shall be deemed to be PAGENO="1255" AIR LAWS AND TRF\T I i;s OF TH F WORLD 2655 guilty of that offence, unless he proves that the offence was P~T v committed without his consent or connivance and that he exer- -cont. cised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and toall the circumstances. In this subsection the expression "director" includes any person occupying the position of director, by whatever name called. (4) Where any such regulations provide for the keeping of records in the Department of the Minister in accordance with subsection (1) of this section they shall also provide for the trans- mission of certified copies of those records to the Registrar General of Births, Deaths and Marriages in England, the Regis- trar General of Births, Deaths and Marriages in Scotland, or the Registrar General fbr Northern Ireland, as the case may require. (5) The Registrar General to whom any such certified copies are sent shall cause them to be filed and preserved in a book to be kept by him for the purpose, and to be called the Air Register Book of Births and Deaths. (6) Regulations made under subsection (1) of this section shall provide for the rectification of any records kept in the Department of the Minister in pursuance of the regulations and for the transmission of certified copies of any corrected entry in the records to the. Registrar General of Births, Deaths and Marriages in England, the Registrar General of Births, Deaths and Marriages in Scotland, or the Registrar General for Northern Ireland, as the case may require. (7) The Registrar General to whom a certified copy of any such corrected entry is sent in accordance with the regulations shall cause the corrected entry to be substituted for the corre- sponding entry for the time being made in the Air Register Book of Births and Deaths. (8) The enactments relating to the registration of births and deaths in England, Scotland and Northern Ireland shall have effect as if the Air Register Book of Births and Deaths were a certified copy or duplicate register transmitted to the Registrar General in accordance with those enactments. (9) The Minister may by regulations provide- (a) for the keeping in his Department of a record of persons reported to him as missing, being persons with respect to whom there are reasonable grounds for believing * that they have died in consequence of an accident to an aircraft registered in Great Britain and Northern Ireland; PAGENO="1256" 2656 AIR LAWS A~D TREATIES OF THE WORLD PART V (b) for the rectification of any such record; and -COflt. (c) for the transmission of information as to the matters for the time being entered on the record to the Registrar General of Births, Deaths and Marriages in England, the Registrar General of Births, Deaths and Marriages in Scotland or the Registrar General for Northern Ireland, as the case may require. Custody and 56. The Minister may by regulations make provision for disposal of securing the safe custody and re.delivery of any property which, lost property, while not in proper custody, is found on any premises belonging to him or under his control, or on any premises occupied by any of the Airways Corporations or in any aircraft on any such premises; and any such regulations may in particular- (a) provide for requiring charges to be paid in respect of any such property before it is re-delivered; and (b) provide for authorising the disposal of any such property if it is not re-delivered before the expiration of such period as may be specified in the regulations. PART VI SUPPLEMENTAL Orders in 57.-(l) An Order in Council made under any of the enact- Council ments to which this Part of this Act applies or this Part of this Act may contain such incidental and supplementary provisions as appear to His Majesty in Council to be necessary or expedient for the purposes of the Order and may authorise the Secretary of State or the Minister to make regulations for carrying out the purposes of the Order in respect of such matters as may be specified in the Order. (2) An Order in Council made under any of the enactments to which this Part of this Act applies or this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked or varied by a subsequent Order in Council. (3) Any reference in the enactments to which this Part of this Act applies or this Part of this Act to the provisions of an Order in Council shall include a reference to the provisions of any regulations made, or directions given, under the Order in Council. Detention of 58. Any Order in Council, order or regulations made under aircraft. any enactment to which this Part of this Act applies or this Part of this Act in relation to aircraft may provide for the detention of aircraft to secure compliance with the Order in Council, order or regulations, as the case may be, or with any enactment to which this Part of this Act applies in connection PAGENO="1257" AIR IAW~' AND Tiu:ATI1;s OF THE WORLD 2657 with which the Order in Council, order or regulations is or are PART Vi made, and may make such further provision as appears to His -cont. Majesty in Council or to the Secretary of State or the Minister, as the case may be, to be necessary or expedient for securing such detention. 59.-(l) Notwithstanding that an Order in Council made by Extra- virtue of any enactment to which this Part of this Act applies territorial or this Part of this Act or a regulation made by virtue of any effect. such enactment by the Secretary of State or the Minister has effect only as part of the law of the United Kingdom, no provi- sion contained in the Order or regulation shall, on the ground that it would have extra-territorial operation, be deemed to be invalid in so far as it applies to British aircraft registered in the United Kingdom, wherever they may be, or prohibits, requires or regulates- (a) the doing of anything by persons in, or any of the personnel of, such British aircraft as aforesaid, where- ever they may be, or (b) the doing of anything in relation to such British aircraft as aforesaid by other persons being British subjects or citizens of the Republic of Ireland, wherever they may be. For the purposes of this subsection the personnel of an air- craft shall be deemed to include the commander or other person in charge of the aircraft, and all other members of the crew of the aircraft. Nothing in this subsection shall affect subsection (1) of sec- tion three of the British Nationality Act, 1948 (which limits the criminal liability of certain persons who are not citizens of the United Kingdom and Colonies). (2) His Majesty may by Order in Council direct that any of the following provisions, that is to say- (a) any enactment to which this Part of this Act applies; or (b) any enactment in this Part of this Act ; or (c) any provision of any Order in Council or regulations made by virtue of any such enactment; L being a provision which has extra-territorial operation in relation to British aircraft registered in the United Kingdom, shall, sub- ject to such exceptions, adaptations and modifications, if any, as may be specified in the Order made under this subsection, have such operation also in relation to British aircraft registered in any country or territory mentioned in subsection (1) of section sixty-six of this Act or registered in the Isle of Man or the Channel Islands. PAGENO="1258" 2658 ~ LAWS AND TREATIES OF THE WORLD PART VI 60. Any offence wnder any enactment ~o which this P~t -corn, of this Act applies or under an Order in Council or regulation Offences. made under either any such enactment or this Part of this Act shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offendtr may for the time being be. Savings. 61.-(1) Neither this Part of this Act nor any enactment to which this Part of this Act applies shall apply to aircraft belonging to or exclusively employed in the service of His Majesty: Provided that His Majesty may, by Order in Council, apply to any such aircraft, with or without modification, any of the said enactments or any Orders in Council, orders or regulations made thereunder. (2) Nothing in, or in any instrument made under, the enact- ments to which this Part of this Act applies or this Part of this Act, shall prejudice or affect the rights, powers or privileges of any general or local lighthouse authority. P~T VII GENERAL Jurisdiction. 62.-(l) Any offence whatever committed on a British aircraft shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be. (2) His Majesty may, by Order in Council, make provision as to the courts in which proceedings may be taken for enforc- ing any claim in respect of aircraft, and in particular may pro- vide for conferring jurisdiction in any such proceedings on any court exercising Admiralty jurisdiction and for applying to such proceedings any rules of practice or procedure applicable to proceedings in Admiralty. (3) Part VI of this Act applies to this section. Interpretation. 1263._(l) In this Act, except where the context otherwise re- quires, the following expressions have the meanings hereby respectively assigned to them, that is to say- "aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft; "air transport service" means a service for the carriage by air of passengers, mails or other freight; Minister of Transport' see note 1 Supra. "Minister of Health" now Minister of Housing and Local Government. See S. I. 1951. Nos. 753. 1900. "Minister" see note I Supra. PAGENO="1259" AlE I. \WS AND Tlu:ATII:s (iF THE W1)ELI) 2659 "Airways Corporations" means the British Overseas Air- PART vu ways Corporation, the British European Airways -cont. Corporation, and the British South American Airways Corporation; "appropriate Minister" means, in relation to the under- takings indicated in paragraph (a) of the. definition of statutory undertakers below, the Minister of Trans- port, in relation to those indicated in paragraph (b) thereof, the Minister of Fuel and Power (but in relation to the undertaking of the North of Scotland Hydro- Electric Board, the Secretary of State) and in relation to those indicated in paragraph (c) thereof the Minister of Health except in Scotland and in Scotland the Secretary of State; "land" includes any estate or other interest in land and any easement, but this definition shall not affect the con- struction of th~ provisions of sections nineteen and twenty-three of this Act as to the acquisition of land "local authority" means, except in relation to Scotland, the council of a county, county borough, metropolitan borough or county district, or the Common Council of the City of London and, in relation to Scotland, any county or town council; "Minister" means the Minister of Civil Aviation; "owner ",- (a) in relation to any land in England or Wales means a person, other than ~ mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits under a lease or agreement, the unexpired term whereof exceeds three years, (b) in relation to any land in Scotland or Northern Ireland, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes also a lessee under a lease the unexpired period of which exceeds three years; "purposes of civil aviation" includes all purposes con- nected with air navigation except purposes of defence of the realm by air and the expression "defence of the realm by air" includes the Air Force and the administration of all matters relating thereto "statutory undertaker" means any person (including a local authority) authorised by any Act (whether public, general or local), or by any order or scheme made PAGENO="1260" 2660 ~ i~~ws AND TflEATIES OF THE WORLD PART VII under or confirmed by any Act, to construct, work -cont. or carry on- (a) any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking; or (b) any undertaking for the supply of electricity, gas or hydraulic power; or (c) any undertakii~g for the supply of water; and the expression "statutory undertaking" shall be construed accordingly. (2) Any reference in this Act to the carrying out of works on land shall be construed as including a reference to the making of excavations on the land or to the carrying out of levelling operations on the land, and references to the maintenance of works or to interference with works shall be construed accordingly. (3) For the avoidance of doubt it is hereby declared that in this Act the expression "loss or damage" includes in relation to persons, loss of life and personal injury. (4) Any reference in this Act to goods or articles shall be construed as including a reference to mails or animals. (5) Any reference in this Act to any country or territory shall, unless the context otherwise requires, be construed as including a reference to the territorial waters, if any, adjacent to that country or territory. (6) Any power conferred by this Act shall be in addition to and not in derogation of any other power so conferred. (7) Any power conferred by this Act to make rules or regula- tions shall be exercisable by statutory instrument. (8) Any power conferred by this Act to make any Order in Council or order shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary or revoke the Order in Council or order. (9) References in this Act to any enactment shall, except in so far as the context otherwise requires, be taken as referring to that enactment as amended by or under any other enactment. General 64.-(l) The provisions of this section shall, in addition to application to any express provisions for the application to Scotland of any cot an . provision of this Act, have effect for the general application of this Act to Scotland. (2) Any reference to the High Court shall be construed a~ a reference to the Court of Session, and any reference to the Lord Chief Justice shall he construed as a reference to the Lord President of the Court of Session. PAGENO="1261" AIR LAWS AND TREATTF:~ OF THE WORLD 2661 (3) Any reference to the Lands Tribunal shall be construed P~T VII as a reference to the Lands Tribunal for Scotland. -cont. (4) The expression "stay" shall mean "sist ", the expres- sion "requiring security from" shall mean "requiring caution to be found by ", the expression ` arbitrator" shall mean "arbiter ", and the expression "plaintiff" shall mean pursuer ". (5) For any reference to an easement there shall be substituted a reference to a servitude. (6) Any inquiry in relation to an order, which by virtue of any provision of this Act is subject to special parliamentary procedure, shall, if the Minister so directs, be held by Commis- sioners under the Private Legislation Procedure (Scotland) Act, 1936, and where any direction has been so given- (a) it shall be deemed to have been so given under section two as read with section ten of the Statutory Orders (Special Procedure) Act, 1945, and (b) nothing in section fifty of the Town and Country Plan- ning (Scotland) Act, 1945, as applied under paragraph 4 or paragraph 8 of the Fourth Schedule to this Act shall apply to such inquiry. 65.-(1) The following provisions shall, in addition to any General express provision for the application to Northern Ireland of any application to provision of this Act, have effect for the general application of this Act to Northern Ireland, that is to say- ~a) any reference to any enactment shall be construed as a reference to that enactment as it has effect in Northern Ireland; (b) any reference to an Act of Parliament shall be con- strued as including a reference to an Act of the Parliament of Northern Ireland; and "enactment" includes an enactment of that Parliament; (c) "summary conviction" means conviction subject to and in accordance with the Petty Sessions (Ireland) Act. 185 1, and any Act amending that Act; (d) any reference to the High Court shall be construed as a reference to the High Court of Justice in Northern Ireland. 2) His Majesty may by Order in Council direct that any of the provisions of this Act set out in Part I of the Ninth Schedule to this Act, shall, in the application of that provision to Northern PAGENO="1262" 2662 AIR LAWS AND TREATIES OF THE WORLD PART VII Ireland, have effect subject to such adaptations as may be speci- *-cont. fled in the Order. Part VI of this Act applies to this subsection. (3) The authorisation required for the compulsory purchase by an authority of land in Northern Ireland under subsection (2) of section nineteen of this Act shall be a compulsory purchase order made by that authority and confirmed by the Minister. and the provisions of the Tenth Schedule to this Act shall have effect in relation to every such order; and the provisions of this subsection and that Schedule may be adapted under the last foregoing subsection. (4) The disputes which by this Act are directed to be deter- mined by the Lands Tribunal shall, in the application of this Act to Northern Ireland, be determined by an official arbitrator appointed under section one of the Acquisition of Land (Assess- ment of Compensation) Act, 1919, and the arbitrator shall be selected in accordance with rules made by the Reference Com- mittee under the said section one; and, save in the case of a dis- pute under subsection (3) of section nine, rules so made may make provision with respect to the reference and determination of the dispute and may apply any of the provisions of sections three to six of the said Act of 1919 with such modifications as may be necessary. Application 6~.-U) His Majesty may, by Order in Council direct that to H:M. any of the provisions of this Act set out in Part II of the Ninth domimons. Schedule to this Act shall extend with such exeeptions, adapta- tions and modifications, if any, as may be specified in the Order in Council, to any colony, any British protectorate or any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty and is being exer- cised by His Majesty's Government in the United Kingdom. For the purposes of the Mandated and Trust Territories Act, 1947, this subsection shall be deemed to be contained in an Act of an earlier session than that Act. (2) If and so far as the provisions of any law made by the legislature of Southern Rhodesia for the purpose of giving effect to the Chicago Convention, or any Annex thereto, or any amend- ment of the Convention or any Annex thereto, or for any other purposes similar to the purposes of the enactments set out in Part II of the Ninth Schedule to this Act, purporting to have extra-territorial operation in relation to aircraft registered in Southern Rhodesia, the said provisions shall be deemed to have such operation. (3) Part VI of this Act applies to this section. PAGENO="1263" AIR LAWS AXD TREATIES OF THE WORLD 2663 67.-(l) His Majesty may by Order in Council direct that any PART vii of the provisions of this Act shall extend with such exceptions, -cont. modifications and adaptations, if any, as may be specified in the Application to Order, to any of the Channel Islands or to the Isle of Man. Channel Islands and (2) Part VI of this Act shall apply to any Order in Council Isle of Man. under this section extending any of the enactments set out in Part II of the Ninth Schedule to this Act as it applies to any Order in Council made under an enactment to which the said Part VI applies. (3) An Order in Council under this section, except so far it extends any such enactment as aforesaid, may provide for the payment of sums out of moneys provided by Parliament for any purpose for which sums are required to be so paid in consequence of the exercise of the powers conferred by this section. 68.-(l) The disputes which by this Act are directed to be Transitory determined by the Lands Tribunal shall, in the period before the provisions. coming into force of the Lands Tribunal Act, 1949, for the part of Great Britain in question, be determined by an official arbi- trator appointed under section one of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the arbitrator shall be selected in accordance with rules made by the Reference Committee under the said section one; and, during the said period, save in the case of a dispute under subsection (3) of section nine, rules so made may make provision with respect to the reference and determination of the disputes and may apply any of the provisions of sections three to six of the said Act of 1919 with such modifications as may be necessary. (2) Section twenty-five of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, shall until the commence- ment of the Merchant Shipping (Safety Conventions) Act, 1949, apply in relation to sea-planes on the surface of the water as it applies in relation to ships or vessels: Provided that rules under subsection (2) of the said section twenty-five with respect to sea-planes shall not be made by the Minister of Transport except after consultation with the Secre- tary of State and the Minister of Civil Aviation, and any reference in subsection (3) of the said section to the master or to the person in charge of the deck shall be construed as a reference to the pilot or other person on duty in charge of the sea-plane. This subsection shall be construed as ~f contained in section fifty-two of this Act. 69. The provisions of the Eleventh Schedule to this Act shall Amendments have effect with respect to the amendments of the enactments of other enactments. therein spec~tied. PAGENO="1264" 2664 AII~ LAWS ANT) TEEATTES OF THE WORLD PART VII 70.-(l) The enactments set out in the Twelfth Schedule to -cont. this Act are hereby repealed to the extent specified in the third Repeal and column of that Schedule: savings. Provided that, without prejudice to the provisions of the Interpretation Act, 1889, this subsection shall have effect subject to the following provisions of this section. (2) Nothing in this repeal shall affect any instrument or other thing whatsoever made or done or having effect under any enact- ment repealed by this Act and every such instrument or thing shall continue in force and, so far as it could have been made or done under this Act, shall have effect as if made or done under this Act. (3) Nothing in this repeal shall affect the terms and conditions on and subject to which any person held office or served before the commencement of this Act. (4) Where under any Act passed before this Act there is a power to affect Acts of Parliament passed or in force before a particular time and that power would, but for the passing of this Act, have included power to change the law which is reproduced in this Act, then that power shall include power to make such provision as will secure the like change in the law as reproduced in this Act notwithstanding that this Act is not an Act passed or in force before that time and notwithstanding that the terms of this Act, apart from this subsection, are not such as to render that power applicable. (5) Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act. Short title. 71. This Act may be cited as the Civil Aviation Act, 1949. Subsection I is repealed. in its application to the United Kingdom, by the S. L. R. Act. 95.1 c 5 PAGENO="1265" AIR LAWS AND TREATIES OF THE WORLD 2665 SCHEDULES FIRST SCHEDULE Sections 24,25 and 30, and PROVISIONS RELATING TO CERTAIN ORDERS UNDER PART III 2nd and 3rd Schedules. PART I I. Before making the order, the Minister- (a) shall publish in one or more newspapers circulating in the district in which the land is situated; and (b) shall serve on every owner, lessee and occupier of any of the land and upon every local authority within whose area any of the land is situated; a notice stating that the Minister proposes to make the order and the effect thereof, and specifying the time (not being less than twenty- eight days from the service of the notice) within which, and the manner in which, objections to the making of the order may be made. 2. If no objection is duly made by any such local authority, owner, lessee or occupier as aforesaid or if all objections so made are withdrawn, the Minister may, if he thinks fit, make the order. 3. If any objection duly made as aforesaid is not withdrawn, the Minister shall, before making the order, either cause a public local inquiry to be held or afford to any person by whom any objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose, and after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, may, if he thinks fit, make the order. 4. Notwithstanding anything in the two last foregoing paragraphs, the Minister may require any person who has made an objection to state in writing the grounds thereof, and may disregard the objection for the purposes of those paragraphs if he is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed. 5. Immediately after the order has been made, the Minister shall publish in one or more newspapers circulating in the district in which the land is situated a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours, and shall serve a like notice on every person who, having duly objected to the order, has not withdrawn his objection. PART II 6. If any person aggrieved by the order desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of the Minister or that any requirement of this Act has not been complied with in relation to the order, he may, within six weeks from the time when notice that the order ha~ 39-737 0-65-vol. II-S0 PAGENO="1266" 2666 AIR LAWS' AXD TREATIES OF THE WORLD 1ST SCH been made is first published in accordance with the requirements of -cant. this Act, make an application to the High Court; and on any such application the Court- (a) may by interim order suspend the operation of the order or of any provision contained therein, either generally or in so far as it affects the applicant, until the final determination of the proceedings ; and (b) if satisfied that the order or any provision contained therein is not within the powers of the Minister, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order or any provision contained therein, either generally or in so far as it affects the applicant. 7. Subject to the provisions of the last foregoing paragraph, the order shall not, either before or after it has been made, be questioned in any legal proceedings whatsoever, and shall become operative on the expiration of six weeks from the date on which notice of the making of the order is first published in accordance with the requirements of this Act. 8. This Part of this Schedule shall not apply to an order which is confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act, 1945, but except as aforesaid shall have effect in relation to an order to which that Act applies as if in paragraph 6, for the reference to the time when notice that the order has been made is first published in accordance with the requirements of this Act, there were substituted a reference to the time when the order becomes operative under the said Act of 1945, and as if in paragraph 7 the words from "and shall become operative" to the end were omitted. PART III 9. Any person having an interest in land the value of which is diminished in consequence of the coming into operation of the order shall be entitled to recover compensation from the Minister for the diminution, and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall have effect accordingly. 10. Where the order comes into operation before the expiration of two years from the end of the war period, Part VIII of the Requisitioned Lard and War Works Act, 1945 (which provides for adjustments of compensation for the purpose of eliminating changes in value due to the exercise of emergency powers) shall apply in relation to any compensation payable under the foregoing provisions of this Schedule as it applies where compensation is payable on the acquisition of an easement over land by virtue of Part II of that Act: Provided that for the purposes of this paragraph subsection (5) of section forty-one of the said Act of 1945 shall have effect as if for the reference therein to the date of the notice to treat there were substituted a reference to the date on which the order comes into operation. In this paragraph the expression "war period" has the same meaning as it has in section forty of the said Act of 1945. PAGENO="1267" AIR LAWS AND TREATIES OF THE WORLI) 2667 11. Where any interest in land is subject to a mortgage- 1ST ScM. (a) any compensation payable under the foregoing provisions of -cont. this Schedule in respect of the diminution in the value of the interest shall be assessed as if the interest were not subject to the mortgage; (b) a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest; (c) a mortgagee shall not be entitled to claim compensation under the said provisions in respect of his interest as such; and (d) the compensation payable in respect of the interest subject to the mortgage may be paid by the Minister to such of the claimants as he thinks proper, and shall be applied by that claimant in such manner as the parties interested may agree, or, in default of such agreement, as may be determined by arbitration. In this paragraph the expression "mortgage" includes an equitable charge and any other encumbrance, and includes a sub-mortgage, and the expression "mortgagee" shall be construed accordingly. 12. Where the order provides for the creation of any easement over land held by a statutory undertaker for the purposes of the carrying on of his undertaking, or of any right in or in relation to such land, the undertaker shall be entitled to recover compensation from the Minister in accordance with the special provisions of Part III of this Act relating to statutory undertakers in any case in which those provisions apply, and shall not, in any such case, be entitled to recover compensation under the foregoing paragraphs of this Schedule. This paragraph shall not apply to Northern Ireland. PART IV 13. In the application of this Schedule to Scotland- (a) in paragraph 8, for the words " section six of the Statutory Orders (Special Procedure) Act, 1945," there shall be sub- stituted the words "subsection (4) of section two as read with section ten of the Statutory Orders (Special Procedure) Act, 1945, or under section six of that Act" ; and (b) for references to a mortgage and to a mortgagee there shall be substituted respectively references to a heritable security and to a creditor in a heritable security; and in paragraph 11 for the words from "In this paragraph" to the end of the paragraph there shall be substituted the words- "In this paragraph the expression `heritable security' means a heritable security within the meaning of the Con- veyancing (Scotland) Act, 1924, exclusive of a secunty by way of ground annual and a real burden ad factum praestandum, but inclusive of a secunty constituted by ex facie absolute disposition." PAGENO="1268" 2668 AIR LAWS AND TREATIES OF THE WORLD Section 25 SECOND SCHEDULE PROVISIONS RELATING TO ORDERS UNDER S. 25 1. Any person having an interest in land to which the order relates shall, if the value of the interest is diminished by the coming into operation of the order, be entitled to recover compensation from the Minister for the diminution. 2. Where the order comes into operation before the expiration of two years from the end of the war period, Part VIII of the Requisitioned Land and War Works Act, 1945 (which provides for adjustments of compensation for the purpose of eliminating changes in value due to the exercise of emergency powers) shall apply in relation to any compensation payable under the foregoing paragraph as it applies where compensation is payable on the acquisition of an easement over land by virtue of Part II of that Act: Provided that for the purposes of this paragraph subsection (5) of section forty-one of the said Act of 1945 shall have effect as if paragraph (a) thereof were omitted therefrom. In this paragraph the expression "war period" has the same meaning as it has in section forty of the said Act of 1945. 3. Paragraph 11 of the First Schedule to this Act shall have effect in relation to any compensation payable under paragraph 1 of this Schedule as it has effect in relation to any such compensation as is therein mentioned. 4. Any person who sustains damage by being disturbed in the use of land or water by reason of the coming into operation of the order (not being damage which consists of the diminution in the value of an interest in land) shall be entitled to recover compensation from the Minister for the damage. 5. For the purposes of assessing compensation under this Schedule, in so far as it is payable in respect of the diminution in the value of an interest in land, section two of the Acquisition of Land (Assessment of Compensation) Act, 1919 shall, so far as it is applicable and subject to any necessary modifications, have effect as it has effect for the purpose of assessing compensation for the compulsory acquisition of land. 6. Where any dispute arises as to whether compensation is payable under this Schedule, or as to the amount of any special compensation or as to the persons to whom it is payable, the dispute shall be referred to and determined by the Lands Tribunal. Section 26. THIRD SCHEDULE PROVISIONS RELATING TO DIRECTIONS UNDER S. 26 PART I I. Immediately after the Minister has given the direction, he shall publish in one or more newspapers circulating in the district a notice stating that the direction has been given, and shall also serve notice of the direction- (a) in the case of a direction given for the purpose specified in paragraph (c) of subsection (2) of section twenty-six of PAGENO="1269" \IH LAWS AND TnEAT1F:~ OF THE WOflLD 2669 this Act, upon every owner, lessee and occupier of any land 3RD ScH. to which the right of way is appurtenant, and upon every -cont. local authority in whose area any of that land is situated; (b) in the case of a direction given for any other purpose specified in the said subsection, upon every owner, lessee and occupier of the land to which the direction relates and upon every local authority in whose area any of that land is situated; (c) in the case of a direction restricting the installation of apparatus or extinguishing rights to instal or maintain apparatus, upon every person whose rights to instal or maintain apparatus are affected by the direction; and (d) in the case of a direction requiring the removal of any apparatus, upon the person entitled to maintain the apparatus required to be removed under the direction. Any notice given with respect to any direction for the purpose of complying with the requirements of this paragraph shall state the effect of the direction. In the application of this paragraph to Scotland, for the words "any land to which the right of way is appurtenant" there shall be substituted the words "the dominant tenement 2. The provisions of Part II of the First Schedule to this Act shall, with the necessary modifications, have effect in relation to the direction as they have effect in relation to orders made under section twenty- four of this Act. PART II 3. Any person having an interest in land the value of which is diminished in consequence of the coming into operation of the direction shall be entitled to recover compensation from the Minister for the diminution. 4. Where the direction comes into operation before the expiration of two years from the end of the war period, Part VIII of the Requisi- tioned Land and War Works Act, 1945 (which provides for adjustments of compensation for the purpose of eliminating changes in value due to the exercise of emergency powers) shall apply in relation to any compensation payable under the foregoing paragraph as it applies where compensation is payable on the acquisition of an easement over land by virtue of Part II of that Act: Provided that for the purposes of this paragraph subsection (5) of section forty-one of the said Act of 1945 shall have effect as if para- graph (a) thereof were omitted therefrom. In this paragraph the expression" war period "has the same meaning as it has in section forty of the said Act of 1945. 5. Paragraph 11 of the First Schedule to this Act shall have effect in relation to any compensation payable under paragraph 3 of this Schedule as it has effect in relation to any such compensation as is therein mentioned. 6. Any person who sustains damage by being disturF'~d in the enjoyment of any right in or over land in consequence of the coming into operation of the direction (not being damage which consists of the diminution in the value of an interest in land) shall be entitled to recover compensation from the Minister in respect of that damage. PAGENO="1270" 2670 AIR LA\V~ AND TREATIES OF TIlE WORLD 3RD SCH. 7. The Minister shall pay compensation in respect of any expenditure -cent. reasonably incurred by any person for the purpose of carrying out work which is required to be carried out by the direction. 8. The compensation payable to any person by virtue of the fore- going provisions of this Schedule shall be reduced b~' the value to him of any timber, apparatus or other materials removed for the purposes of complying with the direction. 9. For the purpose of assessing compensation under this Schedule, in so far as it is payable in respect of the diminution in the value of an interest in land, section two of the Acquisition of Land (Assess- ment of Compensation) Act, 1919, shall, so far as it is applicable and subject to any necessary modifications, have effect as it has effect for the purpose of assessing compensation for the compulsory acquisition of land. 10. Where any dispute arises as to whether compensation is payable under this Schedule, or as to the amount of any such compensation, or as to the persons to whom it is payable, the dispute shall be referred to and determined by the Lands Tribunal. 11. Where the direction affects any building, structure, or apparatus held or used by a statutory undertaker for the purposes of his under- taking, or affects any of the rights of a statutory undertaker to instal or maintain apparatus for those purposes, or affects any right of way enjoyed by a statutory undertaker for those purposes, the undertaker shall be entitled to recover compensation from the Minister in accord- ance with the special provisions of Part III of this Act relating to statutory undertakers in any case in which those provisions apply, and shall not, in any such case, be entitled to recover compensation under the foregoing paragraphs of this Schedule. This paragraph shall not apply in Northern Ireland. Section 30. FOURTH SCHEDULE ADJUSTMENTS OF THE FUNCTIONS OF STATUTORY UNDERTAKERS PART I 1. Where it appears to the Minister and the appropriate Minister, upon a representation made by the person carrying on a statutory undertaking, that in order to facilitate any adjustment of the carrying on of the undertaking necessitated by any order made or proposed to be made under or in pursuance of Part III of this Act, or by any direction given or proposed to be given in pursuance of the said Part III, it is expedient that the powers and duties of the said person in relation to the carrying on of the undertaking should be extended or modified, the Minister and the appropriate Minister may by order provide for such extension or modification of the said powers and duties as appears to them to be requisite for facilitating the adjustment. 2. Without prejudice to the generality of the provisions of the foregoing paragraph, an order under this Part of this Schedule may provide- (a) for empowering the person carrying on the undertaking to acquire, whether compulsorily or by agreement, any land~ specified in the order and to erect or construct any buildilTgs or works so specified; - PAGENO="1271" AIR LAWS AND TREATIES OF THE WORLD 2671 (b) for applying in relation to the acquisition of such land and 41-H SCH. the construction of such works enactments relating to the -cont. acquisition of land and tile construction of works (including the Acquisition of Land (Assessment of Compensation) Act, 1919 and Part V of the Town and Country Planning Act, 1947); and for such incidental and supplemental matters as appear to the Minister and the appropriate Minister to be expedient for the purposes of the order. 3. As soon as may be after the making of a representation under this Part of this Schedule, the person carrying on the undertaking shall publish, in such form and manner as may be directed by the Minister and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Minister and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed. 4. The provisions of the First Schedule to the Town and Country Planning Act, 1944, shall have effect as if the reference in sub-paragraph (1) of paragraph 1 of that Schedule to the making of an order under section twenty-six of that Act included a reference to the making of an order under this Part of this Schedule; and, subject to those pro- visions in a case in which they have effect, the Minister and the appropriate Minister may, if they think fit, make an order. 5. An order under this Part of this Schedule shall be subject to special parliamentary procedure. PART II 6. Where on a representation in that behalf made by the person carrying on a statutory undertaking the appropriate Minister is satisfied that the making of any order under or in pursuance of Part III of this Act or the giving of any direction in pursuance of the said Part III has rendered impracticable the fulfilment of any obligation of the said person incurred in connection with the carrying on of the under- taking, the appropriate Minister may by order direct that the said person shall be relieved of the fulfilment of the obligation either absolutely or to such extent as may be specified in the order. 7. As soon as may be after the making of a representation to the appropriate Minister under the last foregoing paragraph the person carrying on the undertaking in question shall, as may be directed by the appropriate Minister, either publish, in such manner as may be so directed, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices. PAGENO="1272" 2672 AIR LAW~' AND TREATIES OF THE WORLD 4TH SCH. 8. The provisions of the First Schedule to the Town and Country -cont. Planning Act, 1944, shall have effect as if the reference in sub-paragraph (1) of paragraph I of that Schedule to the making of an order under section twenty-seven of that Act included a reference to the making of an order under this Part of this Schedule; and subject to those provisions in a case in which they have effect, the appropriate Minister may, if he thinks fit, make an order. 9. If any objection to the making of an order under this Part of this Schedule is made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure. PART III 10. This Schedule shall apply to Scotland subject to the following modifications:- (a) for references to the Town and Country Planning Act, 1944, to sections twenty-six and twenty-seven thereof, to the First Schedule thereto and to sub-paragraph (I) of paragraph I of that Schedule there shall be substituted respectively references to the Town and Country Planning (Scotland). Act, 1945, to sections twenty-five and twenty-six thereof, to the First Schedule thereto, and to sub-paragraph (I) of paragraph I of that Schedule; and (b) for the reference to Part V of the Town and Country Planning Act, 1947, there shall be substituted a reference to Part IV of the Town and Country Planning (Scotland) Act, 1947. Section 42. FIFTH SCHEDULE LIMITS OF LIABILITY I. The limits of liability under subsection (1) of section forty-two of this Act in respect of such loss or damage as is mentioned in that subsection shall, in the case of an aircraft of any such description as is mentioned in the first column of the following Table, be an amount to be ascertained, in relation to that description of aircraft, by reference to the second column of the said Table. Description of Aircraft Limit of Liability (a) Airships ... ... ... £25,000. (b) Balloons (whether fixed or £5,000. free). (c) Gliders ... ... ... £2,000, so, however, that not more than £1,000 shall be payable in respect of loss of, or damage to, property. PAGENO="1273" AIR LAWS AND TRI:ATTES OF THE WOHLD 2673 £10,000, so, however, that not more more than £5,000 shall be payable in respect of loss of, or damage to. property. £10,000, so, however, that, in respect of loss of, or damage to, property, there shall not be payable more than £1 for each pound of the weight of the aircraft fully loaded. £1 for each pound of the weight of the aircraft fully loaded. 2. References in the foregoing Table to pounds of weight shall be construed as references to pounds avoirdupois; and the Minister may by regulations prescribe the manner in which the weight of an aircraft fully loaded is to be ascertained for the purposes of this Schedule, and direct that, in the case of an aircraft of any particular description, such document as may be specified in the regulations, being a document which purports to show the weight of the aircraft fully loaded, shall be evidence of that weight. PRovIsioNs AS TO POLICIES OF INSURANCE, SECURITIES AND DnPosrrs Rights and remedies under or in respect of policies and securities l.-(l) Where a certificate of insurance has been delivered in connection with a policy of insurance, so much of the policy as purports to restrict, or attach conditions to, the insurance of any person insured thereby shall, subject to the provisions of this paragraph, be of no effect as respects any such liability as is required to be covered by a policy under Part IV of this Act: Provided that nothing in this paragraph shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of a person which is covered by the policy by virtue only of this paragraph, shall be recoverable by the insurer from that person. (2) Nothing in this paragraph shall affect any provision in a policy being a provision which- (a) restricts the insurance- (i) by limiting the period of the insurance, or (ii) by limiting the loss or damage insured against to loss or damage caused to persons or property in the United Kingdom, or Description of Aircraft Limit of Liability 5m SCH. -con:. (d) Other aircraft- (i) if the weight of the air- craft fully loaded does not exceed 5,000 pounds. (ii) if the weight of the air- craft fully loaded exceeds 5,000 pounds but does not exceed 10,000 pounds. (iii) if the weight of the air- craft fully loaded exceeds 10,000 pounds but does not exceed 25,000 pounds. (iv) if the weight of the air- craft fully loaded exceeds 25,000 pounds. £25,000. SIXTH SCHEDULE ~tjon 45. PAGENO="1274" 2674 AlE LAWS AND TEEATIE~ OF THE WORLD 6i~ ScH. (iii) in the case of any aircraft, by specifying as the -corn'. amount up to which the insurer undertakes to indemnify the insured against liability incurred by him by way of damages in respect of loss or damage caused on any one occasion to persons or property on land or water by, or by a person in, or an article or person falling from, that aircraft while in flight, taking off or landing, an amount not less than the total limit of liability appropriate to that aircraft, or (iv) in the case of any aircraft, by specifying as the amount up to which the insurer undertakes to indemnify the insured against liability incurred by him by way of damages in respect of loss of, or damage to, property on land or water caused on any one occasion by, or by a person in, or an article or person falling from, that aircraft while in flight, taking off or landing, an amount not less than the limit of liability for property claims appropriate to that aircraft, or (v) by providing that the insurer shall not be liable to pay any claim under the policy if, at the time of the happening of the event which was the cause of the loss or damage giving rise to the claim, a licence to fly was not in force in respect of the aircraft in connection with which the claim is made, or (b) provides that the insurer shall not be liable to pay any claim in respect of loss or damage which is caused or contributed to by conditions of war, riot or civil commotion. (3) For the purposes of this paragraph, a provision in a policy which enables one party or either party to determine the insurance shall be deemed to be a provision restricting the insurance by limiting the period thereof, if, but only if, the provision re4uires the giving to the other party of at least seven clear days' notice in writing of the cancellation of the insurance. (4) In this paragraph the expression "licence to fly" means a written authority permitting the aircraft to fly, issued in accordance with an Order in Council under section eight of this Act. 2.-(l) If, after a certificate of insurance has been delivered in connection. with a policy of insurance, a judgment in respect of any such liability as is required to be covered by a policy under Part IV of this Act (being a liability covered by the terms of the policy) is obtained against a person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy, the insurer shall, subject to the pro- visions of this paragraph, pay to the persons entitled to the benefit of the judgment any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any amount payable by way of interest on that sum by virtue of any enactment relating to interest on judgments. In the application of this sub-paragraph to Scotland, the words "by virtue of any enactment relating to interest or judgments" shall be omitted. PAGENO="1275" AIR LAWS AND TREATIES OF THE WORLD (2) No sum shall be payable by an insurer under the foregoing provisions of this paragraph- (a) in respect of any judgment, unless before, or within seven days after, the commencement of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings; or (b) in respect of any judgment, so long as execution thereon is stayed pending an appeal; or (c) in connection with any liability, if both- (i) the policy was cancelled by mutual consent or by virtue of any provision contained therein, and the cancellation took effect before the happening of the event which was the cause of the loss or damage giving rise to the liability, and (ii) a written notice of the cancellation stating the time at which it takes effect was, not less than seven clear days before the date of the happening of the said event, served by the insurer on the Minister. Any notice to be served for the purposes of this sub-paragraph on the Minister shall be deemed to be duly served if it is sent by registered post in a letter addressed to the Secretary of the Ministry of Civil Aviation, London. (3) No sum shall be payable by an insurer under the foregoing provisions of this paragraph, if, in an action commenced before, or within three months after, the commencement of the proceedings in which the judgment was given, he has obtained a declaration that, apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact, or by a representation of fact which was false in some material particular, or, in a case where he has avoided the policy on that ground, that he was entitled so to do apart from any provision contained in the policy: Provided that an insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this sub-paragraph as respects any judgment obtained in proceedings commenced before the commencement of that action, unless before, or within seven days after, the commencement of that action, he has given notice thereof to the person who is the plaintiff in the said proceedings, specifying the non-disclosure or false repre- sentation on which the insurer proposes to rely; and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party to the action. (4) Nothing in this paragraph shall, in relation to any particular policy of insurance, require the insurer to pay any sum in excess of the amount for which, apart from this paragraph, he is liable under the policy or would be liable under the policy if it had not been cancelled or avoided; and where, by reason of two or more judgments against a person insured by the policy having been obtained in respect of loss or damage, caused on any one occasion, several claims under this paragraph are made against, or apprehended by, the insurer in relation to~any aitcraft, he may make application to the High Court, 2675 6TH SCH. -cont. PAGENO="1276" 2676 AIR LAWS AXD TREATIES OF THE WORLD 6-rH SCH. and thereupon the court may determine the maximum liability of the -corn', insurer in respect of the claims and also, if need be, his liability in respect of such of those claims as are for loss of or damage to property and may distribute the amount of his liability among the several claims on the following principles :- (a) if the claims are solely in respect of loss of life or personal injury or solely in respect of loss of, or damage to, property, the amount of the liability shall be distributed rateably; (b) if there are claims both in respect of loss of life or personal injury and in respect of loss of, or damage to, property, one-half of the insurer's total maximum liability shall be appropriated, so far as necessary, to meeting claims for loss of life or personal injury and shall be distributed rateably among them, and the other half shall be distributed rateably among all the claims, including claims in respect of loss of life or personal injury ii and so far as they exceed the afore- said appropriation: Provided that for the purposes of this sub-paragraph so much only of a claim shall be taken into account as represents the amount of damages awarded under the judgment in respect of which the claim is made, and interest on that amount. (5) Where an application is made to the court under the last fore- going sub-paragraph, the court may stay any proceedings pending in any other court in relation to the same matter, and may give such directions as the court thinks proper for the joining of persons inter- ested as parties to the proceedings, for the exclusion of claims which are not brought before the court within a certain time, and for requiring security from the insurer. (6) If an insurer becomes liable under this paragraph to pay, in respect of any liability of a person insured by a policy, an amount for which the insurer would not, apart from the provisions of this paragraph, be liable, he shall be entitled to recover the said amount from that person. (7) References in the foregoing provisions of this paragraph to a person insured by a policy shall, unless the context otherwise requires, be construed as including references to his estate, and except in Scotland the said provisions shall, in relation to a claim established against the estate of a deceased person in proceedings for the admini- stration of that estate, have effect- (a) as if the final determination in those proceedings that the claim is established were a judgment obtained against the estate of the deceased in proceedings brought by the claimant as plaintiff, and (b) as if the making of the claim in the administration proceedings were the commencement of the proceedings in which the judgment was given. (8) In this paragraph the expression "liability covered by the terms of the policy" means a liability which is covered by the policy, or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy. PAGENO="1277" AIR LAWS AND TREATIES OF THE WORLD 2677 3. Where a certificate of insurance has been delivered in connection 6m SCH. with a policy of insurance, the happening, in relation to a person -cont. insured by the policy, of any such event as is mentioned in subsection (I) or subsection (2) of section one of the Third Parties (Rights against Insurers) Act, 1930, shall, notwithstanding anything in that Act, not affect any such liability of that person as is required to be covered by a policy under Part IV of this Act, but nothing in this paragraph shall affect any rights against the insurer conferred by that Act on the person to whom the liability was incurred. 4.-(1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under Part IV of this Act shall, on demand by or on behalf of the person making the claim, state whether or not, at the time of the event which was the cause of the loss or damage giving rise to the claim, he, or (if the claim is made against him as representing the estate of a deceased person) the deceased, was insured in respect of that liability by any policy having effect for the purposes of Part IV of this Act, or would have been so insured if the insurer had not avoided or cancelled the policy, and, if he or the deceased, as the case may be, was or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance delivered in connection with the policy. (2) If any person fails, without reasonable excuse, to comply with this paragraph, or wilfully makes any false statement in reply to such a demand as aforesaid, he shall be liable on summary conviction to a fine not exceeding, in the case of a first offence, twenty pounds or, in the case of a second or subsequent offence, fifty pounds, or to imprisonment for a term not exceeding four months. 5.-(l) Where a certificate of insurance has been delivered in connection with a policy of insurance, and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person to whom the certificate was delivered shall, within seven days from the taking effect .of the cancellation, surrender the certificate to the insurer or, if it has been lost or destroyed, send a written notice to that effect by post to the insurer. Where a notice is sent to an insurer in pursuance of the foregoing provisions of this paragraph, the person sending the notice shall, if within seven days after the receipt thereof he is requested by the insurer so to do, make a statutory declaration to the effect that the certificate of insurance to which the notice relates has been lost or destroyed, as the case may be. (2) If any person fails to comply with this paragraph, he shall be liable on summary conviction to a fine not exceeding, in the case of a first offence, twenty pounds or, in the case of a second or subsequent offence, fifty pounds, or to imprisonment for a term not exceeding four months. (3) Any reference in this paragraph to a certificate of insurance shall, in relation to a policy in connection with which more than one such certificate is issued, be construed as a reference to all the certificates, and shall, where any copy of such a certificate has been issued, be construed as including a reference to that copy. PAGENO="1278" 2678 un ~ AND TREATIE~ OF THE WORLD 6ni sc~. 6. The foregoing provisions of this Schedule shall apply in relation -cont. to securities having effect for the purposes of Part IV of this Act, as they apply in relation to policies of insurance; and, in relation to any security having effect for the purposes of Part IV of this Act, references in the said provisions to being insured, to a certificate of insurance, to an insurer and to a person insured shall be construed respectively as references to the having in force of the security, to the certificate of security, to the giver of the security and to a person whose liability is covered by the security. Deposits 7.-(l) No part of any sum which, for the purpose of any provision of section forty-three of this Act, has been deposited by any person with the Accountant-General of the Supreme Court shall, so long as any liabilities incurred by that person, being such liabilities as are required to be covered by a policy of insurance under Part IV of this Act, have not been discharged or otherwise provided for, be applicable in discharge of any other liabilities incurred by him. (2) Any rules made by the Board of Trade under section two of the Assurance Companies Act, 1909, which apply to deposits made by insurers carrying on aircraft insurance business, shall with such modifications and adaptations as may be prescribed by rules made by the Minister after consultation with the Lord Chancellor, apply to deposits made under section forty-three of this Act with the Accountant- General of the Supreme Court and the Minister, after the like con- sultations, may make such rules with respect to the said deposits as the Board of Trade might have made under the said section two if the Assurance Companies Act, 1946, had not passed. Supplementary Provisions 8.-(l) The Minister may make regulations- (a) for prescribing the forms of certificates of insurance and certificates of security to be used for the purposes of Part IV of this Act, and the particulars to be contained in such certificates (b) as to applications for, and the issue of, such certificates of insurance and certificates of security, as to the issue of copies of any such certificates which are lost or destroyed, and as to the keeping of records and documents and the furnishing of particulars, and the giving of information with respect thereto, to the Minister or a chief officer of police; (c) as to the carrying c f documents in aircraft, and as to the production of such documents on demand to such persons as may be specified in the regulations; (d) for prescribing (without prejudice to any Order in Council made under Part IV of this Act) that the provisions of Part IV of this Act which relate to insurance, securities and deposits in respect of third party risks shall, in relation to any such class of aircraft registered outside the United Kingdom as may be specified in the regulations, have effect subject to such modifications, adaptations and exceptions as may be so specified; and (e) generally for carrying into effect the said provisions of Part IV of this Act. PAGENO="1279" Mfl LAWS ~ND TIF.\T IF;~ OF TIlL WOULI) 2679 (2) If any person contravenes or fails to comply with any regulations 6ns Scn. made by the Minister under this paragraph, that person shall be -cont. liable on summary conviction to such fine, not exceeding twenty pounds, as may be prescribed by the regulations. (3) Any statutory instrument containing regulations made by the Minister under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) In this paragraph the expression "chief officer of police" has the same meaning as in the Police Pensions Act, 1921. SEVENTH SCHEDULE'4 ~tjc,n 47. SURVIVAL OF CAUSES OF ACTION IN NORTHERN IRELAND AFTER DEATH * 1. This Schedule applies to every cause of action in respect of loss or damage which, after the appointed day, is caused to persons or property on land or water by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off or landing. 2. Subject to the provisions of this Schedule, on the death of any person, after the appointed day, all causes of action to which this Schedule applies subsisting against, or vested in, him shall survive against, or, as the case may be, for the benefit of, his estate. 3. Where a cause of action to which this Schedule applies survives as aforesaid for the benefit of the estate of a deceased person, and the death of that person has been caused by the circumstances which give rise to the cause of action, the damages recoverable for the benefit of his estate shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included. 4. No proceedings shall be maintainable in respect of a cause of action which, by virtue of this Schedule, has survived against the estate of a deceased person unless either-- (a) proceedings against him in respect of that cause of action were pending at the date of his death, or (b) the cause of action arises not earlier than six months before his death and proceedings are taken in respect thereof not later than six months after his personal representative took out representation. 5. Where damage has been suffered by reason of any circumstances by reason of which a cause of action to which this Schedule applies would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Schedule, to have been subsisting against him before his death such cause of action by reason of those circumstances as would have subsisted if he had died after the damage was suffered. 6. In the event of the insolvency of an estate against which proceed- mp are maintainable by virtue of this ScheduAc, any liability in respect Repealed by the Law Reform Miscellaneous Provisions) Act (Northern Ireland), 1954 (c. 26) (N. I.). Section 6(2)(b). PAGENO="1280" 2680 AIR LA\\S AND TREATIES OF THE WORLD Thl SCH. of the cause of action in respect of which the proceedings are maintain- -coat, able shall be deemed to be a debt provable in the administration of the estate, notwithstanding that it is a demand in the nature of Un- liquidated damages arising otherwise than by a contract or promise. Section 53. EIGHTH SCHEDULE PATENT CLAIMS AGAINST AIRCRAFT NOT PROTECTED UNDER CIUCAGO CoI~wnwrIoN 1. Where it is alleged by any person interested that a foreign aircraft, which is not an aircraft to which section fifty-three of this Act applies, and which is making a passage through or over the United Kingdom, infringes in itself or in any part of it any invention, design or model which is entitled to protection in the United Kingdom, it shall be lawful, subject to and in accordance with rules of court, tQ detain the aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this Schedule referred to as "the deposited sum ") and thereupon the aircraft shall not, during the continuance or in the course of the passage be subject to any lien, arrest, detention or prohibition, whether by order of a court or other- wise, in respect or on account of the alleged infringement. 2. The deposited sum shall be such sum as may be agreed between the parties interested or, in default of agreement, fixed by the Minister or some person duly authorised on his behalf, and payment thereof shall be made or secured to him in such manner as he shall approve. 3. The deposited sum shall be dealt with by such tribunal and in accordance with such procedure as may be prescribed by rules of court, and such rules may provide generally for carrying this Schedule into effect. 4 For the purposes of this Schedule, the expression "owner" shall include the actual owner of an aircraft, and any person claiming through or under him, and the expression "passage" shall include all reasonable landings and stoppages in the course or for the purpose of the passage. Sections 65, NINTH SCHEDULE 66 and 67. PART I PROVISIONS WHICH MAY BE ADAPTED FOR NORTHERN IRELAND Section seven; Sections thirteen and fourteen; Sections nineteen to twenty-two; In section twenty-three, subsections (8), (9), (10) and (11); Section twenty-seven; Section thirty-eight; Sections forty-two to fifty; Section fifty-two; The Schedules referred to in the foregoing enactments and Parts VI and VII of this Act so far as they apply to the foregoing enactments. PAGENO="1281" :\II~ LAW~~ AND TR[ATIi:~ (if TIlE \VOF(LD 2681 PART II 9m SCH. PROVISIONS WHICH MAY BE EXTENDED TO THE CoLoNIEs, ETC. The enactments set out in Part I of this Schedule; Sections eight to eleven; Subsection (1) of section sixteen; In section twenty-three, subsections (1), (5) and (6); Sections forty and forty-one; Section fifty-one; Section fifty-three; Section sixty-two; The Eighth Schedule; Parts VI and VII of this Act so far as they apply to the foregoing enactments. TENTH SCHEDULE Section 65. ORDERS FOR THE COMPULSORY PURCHASE OF LAND IN NORTHERN IRELAND UNDER s. 19 (2) PART I Provisions as to the Compulsory Acquisition of Land 1. A compulsory purchase order shall be in the prescribed form and shall describe, by reference to a map the land to which the order applies, and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations,- (a) the Lands Clauses Acts, except section ninety-two and sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845; (b) the Acquisition of Land (Assessment of Compensation) Act, 1919; and (c) sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845. 2. The modifications subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in a compulsory purchase order are as follows (a) the arbitrator shall not take into account any building erected, or any improvement or alteration made, or any interest in land created, after the date on which notice of the order having been made is published in accordance with tlis Part of this Schedule, if in the opinion of the arbitrator, the erection of the building, or the making of the improvement or alteration, or the creation of the interest, in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining compensation or increased compensation; (b) no person shall be required to sell a part only of any house, building or manufactory, or of any land which forms part of a park or garden belonging to a house, if he is willing and 39-737 O-65-vol. II-81 PAGENO="1282" 26S2 ~ii~ ~ .~D ri~i~~it:s oi~ THI~ WORLD 10TH ScH. able to sell the whole of the house, building, manufactory, --cant. oark or garden, unless the arbitrator determines- (i) in the case of a house, building or manufactory, that such part as is proposed to be taken can be taken without material detriment to the house, building or manufactory, or (ii) in the case of a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience of the house; and if he so determines, he shall award compensation in respect of any loss due to the severance of the part proposed to be taken, in addition to the value of that part, and there- upon the party interested shall be required to sell to the local authority that part of the house, building, manufactory, park or garden. 3. Before submitting a compulsory purchase order to the Minister, the local authority by which the order was made shall- (a) publish in a newspaper circulating in the district of the local authority a notice in the prescribed form stating that the order has been made and describing the area to which it applies, and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours, and (b) serve on every owner, lessee and occupier (except tenants for a period not exceeding one month) of any land to which the order relates, a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within which, and the manner in which, objections to the order may be made. 4. If no objection to a compulsory purchase order is duly made by any of the persons upon whom notices are required by the last foregoing paragraph to be served, or if all such objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order with or without modification, but in any other case he shall, before confirming the order, cause a local inquiry to be held and consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the order with or without modifi- cation: Provided that- (a) the Minister may require any person who made an objection to state in writing the grounds thereof, and may confirm the order without causing a local inquiry to be held, if he is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed; and (b) the order as confirmed by the Minister shall not, unless all persons interested consent, authorise the local authority to purchase any land which the order would not have authorised' them to purchase if it had been confirmed without modifi- cation. PAGENO="1283" 5! \W~-~ \ \ I I \I (I T I. \`~( 2683 5.-(l) Where the Minister causes a local inquiry to be held under mm SCH. the last foregoing paragraph, the provisions of sections two hundred -cont. and nine, two hundred and ten, two hundred and twelve and two hundred and thirteen of the Public Health (Ireland) Act, 1878, shall apply with the substitution of the Minister for the Ministry of Health and Local Government for Northern Ireland. (2) The costs in relation to the inquiry, not exceeding five guineas a day, shall be paid by the parties concerned in the inquiry, or by such of them and in such proportions as the Minister may direct, and the Minister may certify the amount of the costs incurred, and any sum so certified and directed by the Minister to be paid by any such party shall be a debt to the Crown from that party. 6. For the purposes of this Part of this Schedule a notice may be served- (a) by registered post or by deIiv~ry to, or at the residence of, the person to whom it is addressed; or (b) if the local authority is unable, after reasonable inquiry, to ascertain the name and address of the person upon whom the notice should be served, by addressing it to him- (i) by name, if his name is known, or (ii) if his name is not known, by the description of "owner" or "occupier" of the premises (naming them) to which the notice relates, and by delivering the notice to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises. PART II Restrictions on Acquisition of Land I. The Minister shall not confirm a compulsory purchase order authotising the purchase of any land which is the site of an ancient monument or other object of archaeological interest or which forms part of any common, open space or allotment or which belongs to the council of a county, county borough or urban or rural district, or the commissioners of a town, or is held by any statutory undertakers for the purposes of their undertaking, and shall not confirm a com- pulsory purchase order authorising the purchase of any forest, plantation or area of woodland, except after consultation with the Ministry of Agriculture for Northern Ireland. 2. In this Part of this Schedule- (a) the expression "commonS' includes any town or village green (h) the expression "open space" means any land laid out as a public garden or used for the purposes of public recreation, and any disused burial ground; and (c) the expression " allotment" means any allotment set out as a fuel allotment or a field garden allotment under an Inclosure Act. PAGENO="1284" 2684 ATH LAWS AND TREATIES OF THE WORLD 10TH SCH. ~ III -cant. ART Validity and date of operation of Compulsory Purchase Orders 1. As soon as may be after a compulsory purchase order has been confirmed by the Minister, the local authority by which the order was made shall publish in a newspaper circulating in the district of the local authority a notice in the prescribed form stating that the order has been so confirmed, and naming a place where a copy of the order and of any map therein referred to may be seen at all reasonable hours, and shall serve a like notice on every person who, having given notice of his objection to the order, appeared at the local inquiry in support of his objection. 2. If any person aggrieved by a compulsory purchase order desires to question the validity of the order, or of any provision contained therein, on the ground that it is not within the powers of this Act, or that any requirement of this Act or of any regulation made there- under has not been complied with in relation to the order, he may, within six weeks after the date on which notice of the confirmation of the order is published in accordance with the last foregoing para- graph, make an application for the purpose to the High Court, and upon any such application the court- (a) may by interim order suspend the operation of the order in question or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings, and (b) if satisfied that the order in question or any provision contained therein is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act or of any regulation made thereunder not having been complied with, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant. 3. Subject to the foregoing provisions of this Part of this Schedule, a compulsory purchase order shall not, either before or after it has been confirmed, be questioned in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which notice of the confirmation of the order is published in accordance with this Schedule. 4. Except by leave of the Court of Appeal no appeal shall lie to the House of Lords from a decision of the Court of Appeal under this Part of this Schedule. ~ PART IV Regulations The Minister may make regulations prescribing anything which may be prescribed for the purposes of this Schedule. PAGENO="1285" ATE LAWS AND TEF;AT1E~ OF THE WORLD 2685 ELEVENTH SCHEDULE ~ 69. AMENDMEN1~ OF OTHER ENACTMENTS Public Health Act, 1936, s. 143 1.-(1) In section One hundred and forty-three of the Public Health Act, 1936 (which empowers the Minister of Health to make regula- tions with a view to the treatment of certain diseases and for preventing the spread of such diseases) for references to the Secretary of State there shall be substituted references to the Minister. (2) The said section shall have effect in relation to aerodromes for the time being vested in or under the control of the Minister, and in relation to persons in aircraft arriving at or departing from such aerodromes, subject to the following modifications, that is to say- (a) in subsection (3) thereof, for the words "shall satisfy the authorities, whether county councils, local authorities, or port health authorities, by whom they are to be enforced and executed" there shall be substituted the words "may provide for their enforcement and execution by officers designated for that purpose by the Minister or the Minister of Civil Aviation "; (b) in subsection (4) for the words "Authorised officers of any such authority" there shall be substituted the words" Officers so designated as aforesaid ". (3) Without prejudice to the generality of the power conferred by the said section, regulations made thereunder may provide for requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection. (4) His Majesty may by Order in Council direct that the said section, so far as it relates to such regulations as are specified in subsection (9) thereof, shall apply in relation to aerodromes in Northern Ireland for the time being vested in or under the control of the Minister of Civil Aviation, and in relation to persons and aircraft arriving at or departing from such aerodromes, subject to such exceptions, modi- fications and adaptations as may be specified in the Order. (5) His Majesty may by Order in Council direct that any regulations made under the said section as that section has effect by virtue of foregoing provisions of this paragraph shall extend, with such exceptions,. modifications and adaptations, if any, as may be specified in the Order, to any of the Channel Islands or to the Isle of Man. For the purposes of this sub-paragraph, subsections (4) and (5) of the said section shall be deemed to form part of the regulations mentioned in this sub-paragraph. PAGENO="1286" 26S6 AlE l.\\V~\NI) FEEAT IF HIT HE WORLD 11m~ SCH. Public Health (Scotland) Act, 1945, s. 1 -cont, 2.-(l) Section one of the Public Health (Scotland) Act, 1945 (which empowers the Secretary of State to make regulations with a view to the treatment of certain diseases and for preventing the spread of such diseases) shall have effect in relation to aerodromes for the time being vested in or under the control of the Minister of Civil Aviation, and in relation to persons and aircraft arriving at or departing from such aerodromes, subject to the following modifications, that is to say- (a) in subsection (3) for the words "shall satisfy the authorities, whether local authorities or port local authorities, by whom they are to be enforced and executed" there shall be substituted the words "may provide for their enforcement and execution by officers designated for that purpose by the Secretary of State or the Minister of Civil Aviation (b) in subsection (4), for the words "Authorised officers of any such authority" there shall be substituted the words - "Officers so designated as aforesaid ". (2) Without prejudice to the generality of the powers conferred by the said section, regulations made thereunder may provide for requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection. Air Navigation Act, 1936 3. Part VI of this Act applies to sections twenty-four and twenty-six of the Air Navigation Act, 1936. Railway (Air Transport) Acts 4. In the Great Western Railway (Air Transport) Act, 1929, the London and North Eastern Railway (Air Transport) Act, 1929, the London, Midland and Scottish Railway (Air Transport) Act, 1929, and the Southern Railway (Air Transport) Act, 1929, references to the Secretary of State or to the Air Council or to the President of the Air Council shall be construed a~ references to the Minister. Other Local and Private Acts 5. Any enactment contained in a local or private Act other than the Acts hereinbefore mentioned, being an enactment relating to civil aviation, shall have effect subject to such modifications as may be specified by Order in Council for the purpose of the transfer to the Minister of functions of the Secretary of State relating to civil aviation. PAGENO="1287" 1~ 1. \W~ \\ 1) i!~ 1 \11: ~I:'I I II. ~V'~I~LI) TWELFTH SCHEDULE REPa&LS 2687 Section 70. Session and Chapter Short title & The Air Navigation 8. Act, 1936. & 2 Geo. 6. c.33. 6. The British Overseas Airways Act, 1939. 6. The Ministry of Civil Aviation Act, 1945. 6. The Assurance Corn- panics Act, 1946. The Civil Aviation Act, 1946. 1O& 11 (3~~ T~ Air Navigation c.1$. A~,1947. The whole Act, save sections twenty- four and twenty-six and in sub- section (1) of section Lhirty-five the words "This Act may be cited as the Air Navigation Act, 1936 and the Fourth Schedule. The whole Act. Section thirty and the Fourth Schedule. The whole Act, save so far as it amends the British Overseas Air- ways Act, 1939. In section one, in subsection (1), the words from the beginning to the words" Part Ill of that Act and In section five, in subsection (1) paragraph (c); in subsection (2) paragraph (c); in subsection (3) the words "or sub-paragraph (2) of paragraph 7 of the Third Schedule to the Air Navigation Act, 1936". In the Second Schedule the proviso to paragraph I of Part I and paragraph (a) of sub-paragraph (2) of paragraph 3 of Part UI. Part 11. Sections thirty-six to forty-six. Sections forty-eight and forty-nine. Section fifty-two. In section fifty-three, subsections (3) to (10), and (12), (13) and (15). Section fifty-four. In section tIfty-five, in subsection (1) the words from "except'~ to the second ` aerodromes" and from "For the purposes of" to the end of the subsection. The Third, Fourth, Fifth and Sixth Schedules. The whole Act. 10& 11 Geo.5. 80. The Air Navigation Act, 1920. Extent of repeal 26 Geo. 5. 1 Edw. c. 44. The whole Act. The Air Navigation (Financial Provi- sions) Act, 1938. 2 & 3 Gea. c. 61. 8 & 9 Geo. c. 21. 9 & 10 Geo. c. 28. 9 & 10 Geo. c. 70. 6. RcpraI'~d in ts appli itinn to th' !ntr Row P h ~ P R \. 1~ PAGENO="1288" 2688 AIR LAWS AXD TRKATIE~ OF THE WORLD l2ni SCH. -cont. Session and Chapter Short title Extent of repeal 10 & 11 Geo. 6. The Town and Coun- At the end of the Eighth Schedule c. 51. try Planning Act, 1947. the amendments of the Civil Aviation Act, 1946. 10 & 11 Geo. 6. The Town and Coun- In the Eighth Schedule the amend- c. 53. try Planning (Scot- land) Act, 1947. ments of the Civil Aviation Act, 1946. Act of the Parliament of Northern Ireland 10 & 11 Geo. 6. `The Assurance Corn- In section one, in subsection (1), the c. 1. panies Act (Nor- words from the beginning to the them Ireland), 1947. words Part III of that Act and ". In section five, paragraph (b) of subsection (1) and paragraph (b) of subsection (2). In the Second Schedule, the proviso to paragraph 1 of Part I and sub- paragraph (2) of paragraph 3 of Part III. Order in Council S.R. & 0., 1936, The Air Navigation No. 1378. (Northern ireland) (Adaptation of Enactments) Order, 1936. In the Schedule, the amendments of the First Schedule to the Air Navigation Act, 1936. Table of Statutes referred to in this Act Short Title Small Tenements Recovery Act, 1838 Defence Act, 1842 Lands Clauses Consolidation Act, 1845 Railways Clauses Consolidation Act, 1845 Harbours, Docks and Piers Clauses Act, 1847 Petty Sessions (Ireland) Act, 1851 Ordnance Board Transfer Act, 1855 Police (Scotland) Act, 1857 Dockyard Ports Regulation Act, 1865 Documentary Evidence Act, 1868 Promissory Oaths Act, 1868 Defence Acts Amendment Act, 1873 Public Health (Ireland) Act, 1878 Municipal Corporations Act, 1882 Interpretation Act, 1889 Local Registration of Title (Ireland) Act, 1891 Burgh Police (Scotland) Act, 1892 Notice of Accidents Act, 1894 Merchant Shipping Act, 1894 Public Health (Scotland) Act, 1897 Assurance Companies Act, 1909 Session and Chapter 1 & 2 Vict. c. 74. 5 & 6 Vict. c. 94. 8 & 9 Vict. c. 18. 8 & 9 Vict. c. 20. 10 & 11 Vict. c. 27. 14 & 15 Vict. c. 93. 18 & 19 Vict. c. 117. 20 & 21 Vict. c. 72. 28 & 29 Vict. c. 125. 31 & 32 Vict. c. 37. 31 & 32 Vict. c. 72. 36 & 37 Vict. c. 72. 41 & 42 Vict. C. 52. 45 &46Vict.c. 50. 52 & 53 Vict. c. 63. 54 & 55 Vict. c. 66. 55 & 56 Vict. c. 55. 57 & 58 Vict. c. 28. 57 & 58 Vict. c. 60. 60 & 61 Vict. c. 38. 9 Edw. 7. c. 49. PAGENO="1289" AtE LAWS AND TRl~:AT11:~ OF THE WOELD 2689 Short Title London County Council (Finance Consolidation) Act, 1912 Defence of the Realm (Acquisition of Land) Act, 1916 Air Force (Constitution) Act, 1917 Acquisition of Land (Assessment of Compensation) Act, 1919 Air Navigation Act, 1920 Government of Ireland Act, 1920 Police Pensions Act, 1921 Conveyancing (Scotland) Act, 1924 Land Charges Act, 1925 Great Western Railway (Air Transport) Act, 1929 London North Eastern Railway (Air Transport) Act, 1929 London Midland and Scottish Railway (Air Trans- port) Act, 1929 Southern Railway (Air Transport) Act, 1929 Third Parties (Rights against Insurers) Act, 1930 Road Traffic Act, 1930 Merchant Shipping (Safety and Load Line Con- ventions) Act, 1932 Carriage by Air Act, 1932 Local Government Act, 1933 Law Reform (Miscellaneous Provisions) Act, 1934 Road Traffic Act, 1934 Restriction of Ribbon Development Act, 1935 Public Health Act, 1936 Private Legislation Procedure (Scotland) Act, 1936 Air Navigation Act, 1936 Ministers of the Crown Act, 1937 Air Navigation (Financial Provisions) Act, 1938 British Overseas Airways Act, 1939 Town and Country Planning Act, 1944 Public Health (Scotland) Act, 1945 Ministry of Civil Aviation Act, 1945 Town and Country Planning (Scotland) Act, 1945 Requisitioned Land and War Works Act, 1945 Statutory Orders (Special Procedure) Act, 1945 Assurance Companies Act, 1946 Acquisition of Land (Authorisation Procedure) Act, 1946 Civil Aviation Act, 1946 Town and Country Planning Act, 1947 Town and Country P'anning (Scotland) Act, 1947 Air Navigation Act, 1947 Mandated and Trust Territories Act, 1947 British Nationality Act, 1948 Lands Tribunal Act, 1949 Merchant Shipping (Safety Conventions) Act, 1949 Session and Chapter 2 & 3 Geo. 5. c. cv. 6&7Geo.5.c.63. 7 & 8 Geo. 5. c. 51. 9 & 10 Geo. 5. c. 57. 10 & 11 Geo. S.c. 80. lO& 11 Geo.5.c.67. 11 &l2Geo.5.c.3l. 14& 15 Geo. 5. c. 27. 15 &l6Geo.5.c.22. l9&2OGeo.5.c.liv. 19 &2OGeo. 5.c.lv. 19 & 20 Geo. 5. c. lvi. 19 & 20 Geo. 5. c. lvii. 20 & 21 Geo. 5. c. 25. 20&2l Geo. S. c. 43. 22 & 23 Geo. S. c. 9. 22 & 23 Geo. S.c. 36. 23 &24Geo.S.c. 51. 24 & 25 Geo. S.c. 41. 24 & 25 Geo. S. c. 50. 25 &26Geo. S. c. 47. 26 Geo. S. & 1 Edw. 8. c. 49. 26 Geo. S. & 1 Edw. 8. c. 52. 26 Geo. 5. & I Edw. 8. c. 44. 1 Edw. 8. & 1 Geo. 6. c. 38. 1 & 2 Geo. 6. c. 33. 2 & 3 Geo. 6. c. 61. 7 & 8 Geo. 6. c. 47. 8 & 9 Geo. 6. c. 15. 8 & 9 Geo. 6. c. 21. 8 & 9 Geo. 6. c. 33. 8 & 9 Geo. 6. c. 43. 9 & 10 Geo. 6. c. 18. 9 & 10 Geo. 6. c. 28. 9 & 10 Geo. 6. c. 49. 9 & 10 Geo. 6. c. 70. l0&llGeo.6.c.S1. 10&llGeo.6.c.53. lO& 11 Geo.6.c. 18. 11 & 12 Geo. 6. c. 8. 11 &l2Geo.6.c.56. l2& 13 Geo. 6. c. 42. 12 & 13 Geo. 6. c. 43. PAGENO="1290" PAGENO="1291" Air Corporations Act, 1949 to 19561 ARRANGEMENT OF SECTIONS Constitution of the corporations Section 1. The Air Corporations. 2. Constitution of the corporations. Functions of the corporations 3. Functions of the corporations. 4. Appointment of committees. 5. General powers of Minister in relation to the corporations. 6. Use of aircraft registered in His Majesty's domir~ions. 7. Corporations not to be exempt from taxation, etc. Borrowing powers 8. Borrowing powers of the coroorations. 9. Provisions as to stock of the corporations. 10. Power of Treasury to guarantee stock and temporary loans of the corporations. 11. Transfers of guaranteed stock to be free of stamp duty. 12. Limitation of the borrowing powers of the corpoiations. Exchequer grants 13. Exchequer grants to the corporations. 14. Revision of Exchequer grants to the co~c~atioa' 15. Exchequer grants to associates of the corporatioes, 16. Limitation of Exchequer grants. 17. Expenses and receipts of Minister. General financial provisions 18. Reserve funds. 19. Application of revenues. Staff, wages, pensions, etc. 20. Terms and conditions of employment of staff, etc. 21. Pensions, etc. Accounts, reports arid information 22.Act~r,unts and audit. 23. Annu*1 ~.eport and periodical returns. (:.rlyratlons Ac~. 1940. 19~3 ~r~: ~ may h~ cited ~ t~its nIle. Air Cor1x~rai:nr.i Ai 956. Sectior'. 2:1 PAGENO="1292" 2692 AIR LAWS AXD TREATIES OF THE WORLD Reservation of certain air services to the corporations and their associates Section 24. Reservation of certain air services to the corporations and their associates. 25. Power of Minister to require information. Special powers in case of emergency 26. Special powers in case of emergency. Transitional provisions relating to merger of British South American Airways Corporation and British Overseas Airways Corporation 27. Merger of British South American Airways Corporation and British Overseas Airways Corporation. 28. Stock and loans. 29. Disposal of excess revenue. 30. Accounts, etc. 31. Supplementary. Transitional provisions relating to the acquisition of certain undertakings by British Overseas Airways Corporation 32. Transitional provisions relating to the acquisition of certain undertakings by British Overseas Airways Corporation. 33. Exemption from stamp duty. Transitory provisions as to superannuation, etc. 34. Pension and superannuation schemes of vendor companies. 35. Superannuation schemes already established by British Overseas Airways Corporation. Supplemental 36. Provisions as to offences. 37. Regulations and order. 38. Interpretation. 39. General application to Northern Ireland. 40. Application to Channel Islands and Isle of Man. 41. Repeal and savings. 42. Short title. SCHEDULES: First Schedule.-Supplementary Provisions as to the Corporations. Second Schedule.-Provisions as to Pensions and Super- annuation Schemes of Vendor Companies. Part I-Pensions Scheme of Imperial Airways Limited. Part Il-Superannuation Scheme of British Airways Limited. Third Schedule.-Repeals. PAGENO="1293" AIR LAWS AND TREATIES OF THE WORLD 2693 CHAPTER 91 An Act to consolidate the enactments relating to the con- stitution and functions of the British Overseas Airways Corporation, the British European Airways Corporation and the British South American Airways Corporation. [16th December 1949.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :- Constitution of the corporations 1.-(l) There shall be two corporations to be known as "the The Air British Overseas Airways Corporation" and "the British Euro- Corporations. pean Airways Corporation" and, subject to the transitional provisions of this Act as to its merger with the British Overseas Airways Corporation, there shall also be a corporation to be known as "the British South American Airways Corporation." (2) The three corporations mentioned in the preceding sub- section are hereinafter referred to as "the corporations" and the two corporations first mentioned therein are hereinafter referred to as "the permanent corporations." 2.-(1) Each of the corporations shall consist of a chairman, Constitution a deputy chairman and such number of other members as the of the Minister may from time to time determine: C0~~P0rati0~ Provided that- (a) the total number of members of each corporation shall not be less than five nor more than eleven; (b) two deputy chairmen of the British Overseas Airways Corporation may be appointed. PAGENO="1294" 2694 J.\V~ \\I) Tl~F..\Til'~ ()FTIII \V(~)1~LD (2) The members of each of the corporations shall be appointed by the Minister, who shall also appoint the chairman and deputy-chairman or deputy-chairmen of each corporation from among its members,- (3) The supplementary provisions contained in the First Schedule to this Act shall have effect in relation to each of the corporations. Functions of the corporations Functions 3.-(l) Each of the corporations shall, subject to the provi- of the sions of this Act, have power to provide air transport services Corpoz~tions. and to carry out all other forms of aerial work, and may pro- vide such services and carry out such work, whether on charter terms or otherwise, in any part of the world; and it shall be the duty of each of the corporations to exercise those powers so as to secure that the air services which they may provide are developed to the best advantage, and, in particular, to exer- cise those powers so as to secure that the services provided by the corporation are provided at reasonable charges. (2) Each of the corporations shall have power, subject as hereinafter provided, to do anything which is calculated to facilitate the discharge of their functions under the preceding subsection, or of any other functions conferred or imposed on the corporation by or under this Act, or is incidental or con- ducive to the discharge of any such functions. (3) The Minister may, by an order relating to any of the corporations, define the powers conferred upon the corporation by the preceding provisions of this section so far as he thinks it desirable so to do for the purpose of securing that the public are properly informed as to the general nature and scope of the activities in which the corporation may engage; but nothing in any such order shall prejudice the generality of the powers conferred by the preceding provisions of this section. Save as may be expressly provided by an order made under this subsection, none of the corporations shall have power to manufacture air-frames or aero-engines or airscrews. (4) Without prejudice to the generality of the powers conferred by the preceding provisions of this section, each of the cor- porations shall in particular have power, subject as hereinafter provided- (a) to acquire any undertaking constituted for the purpose of providing air transport services or of engaging in any other activities of a kind which the corporation have power to carry on, or to acquire, hold or have any shares or stock in. or any financial interest in, any such und~taking; TOt \t nister s the Minister of Transport and Civil Aviation. See the Transfer of F unctions \linistrv of Cis 1 Aviation) Order. 953, S. I. 1953, No. 1 2(W PAGENO="1295" \IL T.\\V~ \\J J~L\i II~ I TI IL \\ OTILT) 2695 (b) to promote the formation of any such undertaking as is mentioned in the preceding paragraph ; and (c) to lend money to, or enter into guarantees for the benefit of, any such undertaking as aforesaid. (5) The Minister may, by an order relating to any of the corporations, limit the powers of the corporation, to such extent as he thinks desirable in the public interest, by providing that any power of the corporation specified in the order shall not be exercisable except in accordance with a general or special authority given by him. (6) Any statutory instrument containing an order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. 4. Each of the corporations shall appoint such committees, Appointment with such advisory or executive functions, as are necessary for of committees. the purpose of securing the efficient discharge of the functions of the corporation, ~ind, in particular, for the purpose of securing that those functions are exercised with due regard to the circum- stances and requirements of particular areas. 5. The Minister may, after consultation with any of the cor- General porations, give to that corporation directions of a general powers of character as to the exercise and performance by that corporation `~ of. their functions in relation to matters appearing to the Minister the corpora- to affect the national interest; and the corporation concerned tions. shall give effect to any such directions. 6. Without prejudice to their general duty to comply with Use of aircraft directions given by the Minister under this Act, each of the registered in corporations shall in particular comply with such directions as His Majesty's may from time to time be givea by the Minister, after consulta- dominions. tion with the corporation, for securing that, to such extent and in such cases as may be specified in the directions, aircraft used by the corporation in connection with any service operated by them shall be registered in some part of His Majesty's dorninions. 7.-(1) Except in so far as is otherwise provided by sections Corporations twenty-seven and thirty-three of this Act. it is hereby dec1are~! not to be that nothing in this Act exempts any of the corporations from exempt from liability for any tax, duty, rate, levy or other charge whatsoever, taxation, etc. whether general or local. (2) It is hereby declared that no provision of this Act con- ferring any power or imposing any duty upon any of the cor- porations authorises the disregard by the corporation of any rule of law, whether having effect by virtue of any enactment or otherwise. PAGENO="1296" 2696 AIR LAWS AXD TREATIES OF THE WORLD (3) Without prejudice to the generality of the provisions of the last preceding subsection, nothing in this Act shall be con- strued as exempting any of the corporations, or any person employed by any of the corporations, from compliance with the provisions of any Order in Council made or having effect under section thirteen of the Civil Aviation Act, 1949 (which relates to the licensing of air transport and commercial flying). Borrowing powers Borrowing 8.-(l) Each of the permanent corporations may, with the powers of the consent of the Treasury, or in accordance with the terms of any corporations, general authority given by the Treasury, borrow, temporarily, by way of overdraft or otherwise, such sums as the corporation may require for meeting their obligations or discharging their functions. (2) Subject to the provisions of this Act, each of the permanent corporations may, with the consent of the Treasury, borrow money by the issue of stock for all or any of the following pur- poses, that is to say- (a) the provision of working capital; (b) the promotion of other undertakings, the acquisition of other undertakings or of shares or stock in other undertakings, and the making of loans to, and the ful- filment of guarantees given for the benefit of, other undertakings; (c) the redemption of any stock which the corporation are required or entitled to redeem; and (d) any other expenditure properly chargeable to capital account, including the repayment of any money tem- porarily borrowed under subsection (1) of this section for any of the purposes mentioned in the preceding paragraphs of this subsection. Provisions as 9.-(l) Each of the permanent corporations may create and to stock of the issue any stock required for the purpose of exercising their Corporations, powers under the last preceding section, and may also, with the consent of the Treasury, create and issue stock which is to be allotted as consideration for the acquisition of other under- takings or of shares or stock in other undertakings. (2) Subject to the provisions of subsection (1) of section twenty-eight of this Act, stock issued by any of the corporations and the interest thereon shall be charged on the undertaking and all property and revenues of that corporation. PAGENO="1297" AIR LAWS AND TIIEATIE~ OF THE WORLD 2697 (3) Subject to the provisions of this Act, the stock of each of the corporations shall be issued, transferred, dealt with and redeemed upon such terms and in accordance with such regula- tions as the Minister, with the approval of the Treasury, may prescribe, and any such regulations may, in relation to any such stock, apply with or without modifications any provisions of the Local Loans Act, 1875, or of any enactment relating to stock issued by a local authority. (4) The approval of the Minister shall be required for naming or changing the name of stock issued by the British Overseas Airways Corporation. 1O.-(l) The Treasury may guarantee, in such manner and Power of on such conditions as they think fit, the redemption or repay- Treasury to ment. of, and the payment of any interest on, any stock issued, ~ or temporary loan raised, by any of the corporations. temporary (2) Any sums required by the Treasury for fulfilling ~ guaran- tee given under this section shall be charged on and issued out of the Consolidated Fund of the United Kingdom, or the growing produce thereof (hereinafter referred to as "the Consolidated Fund "), and any sums received by way of repayment of any sums so issued, or by way of interest thereon, shall be paid into ;~the E~chequer. (3) The undertaking and all property and revenues of the corporation concerned shall be charged with the repayment of any sums so issued out of the Consolidated Fund, including interest thereon at such rates as the Treasury may determine; and any such charge shall rank- (a) where the charge is a charge for the repayment of sums issued out of the Consolidated Fund in respect of stock, next after the principal and interest of the stock and any sums which the corporation are bound to set aside towards the redemption of the stock, and in priority to any other charge not existing at the date of the issue of the stock ; and (b) where the charge is a charge for the repayment of sums issued out of the Consolidated Fund in respect of a temporary loan, next after the principal and interest of the loan (in so far as that principal or interest are charged upon the undertaking, property or revenues of the corporation), and in priority to any other charge not existing at the date of the raising of the loan. (4) Immediately after a~y guarantee is given under this sec- tion, the Treasury shall lay a statement of the guarantee before each House of Parliame'~. Extended by the Air Corporations Act. 956 (c. 3). Section 1(3). 39-737 O---65-vol. II---82 PAGENO="1298" 2~9~ \i l\\V~ ~ TflII\TTT:~ ~F THE WOELD (5) Where any sum is issued out of the Consolidated Fund under this section, the Treasury shall, as soon as possible after the end of each financial year beginning with that in which the sum is issued arid ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parlia- ment an account of that sum and of any payments made, during the financial year to which the account relates, by way of repay- ment of that sum or by way of interest thereon. Transfers of 11. Where the payment of principal and interest on any stock guaranteed issued by any of the corporations is guaranteed by the Treasury, stock to ~ ~ transfers of the stock shall be exempt from all stamp duties. of stamp duty. Limitation 12.-( 1 Subject as hereinafter provided, the aggregate of f the the amounts outstanding in respect of the principal of any stock powers of the issued and of any temporary loans raised by the British Overseas corporations. Airways Corporatton shall not at any time exceed sixty million pounds.4 (2) Subject as hereinafter provided, the aggregate of the amounts outstanding in respect of the principal of any stock issued and of any temporary loans raised by the British Euro- pean Airways Corporation shall not at any time exceed twenty million pounds: (3) Nothing in this section shall prevent either of the permanent corporations from borrowing in excess of the limit prescribed by the preceding provisions of this section for the purpose of redeeming any stock of the corporation which they are required or entitled to redeem, or of paying off any temporary loan. Exchequer grants Exchequer 13.- 1) In respect of each financial year which expires before grants to the the first day of April, nineteen hundred and fifty-six, each of the corporations. corporations shall, at such time before the beginning of the year as the Minister may direct, submit to the Minister- (a) a programme of the air transport services which the cor- poration propose to provide during that year and of the other activities in which the corporation propose to engage during that year; and (b an estimate of the revenue to be received by the cor- poration during that year and of the expenditure to be incurred by them on revenue account during that year. (2) Every programme and estimate so submitted shall be in such form and shall contain such particulars, and every estimate Raised from oxts m~1Ior pounds to one hundred and sixty million pounds bx the Air Corporations A~t I95~ c. ~ Section Hi Raised from twent~ million pounds to sixty million pounds by the Air Corporations Act. 956 c. 3~. Sect:on HI) and the borrowing powers of the British Overseas Air- ways Corooration were extended in accordance with Ibid. Section 1(2). PAGENO="1299" \11 I. \\\~ ~\J) 1 [1 L LII) 2699 so submitted shall be made upon such basis, as the Minister may, with the approval of the Treasury, direct. (3) If, after the Minister has considered any such programme and estimate and has given to the corporation concerned an opportunity of making representations to him with respect thereto, it appears to the Minister and to the Treasury that the expenditure on revenue account of the corporation concerned during the financial yeai to which the estimate relates will be in excess of their revenue during that year, the Minister and the Treasury shall determine whether any Exchequer grant should be made to the corporation concerned for the year in question, arid, if such a grant.i~ to be made, the basis on which the amount thereof is to be calculated; and the Minister shall, at the con- clusion of the year, make to .the corporation such grant, if any, as falls to be made upon that basis. (4) If having regard to any determination made for the pur- poses of the last preceding subsection it appears to the Minister to be expedient so to do, he may, notwithstanding that the year to which the determination relates is not yet ended, make to the corporation concerned such payments as the Treasury may approve on account of any grant which he may subsequently become authorised to make to the corporation for that year under the preceding provisions of this section. Any such payment shall be provisional only, and, when it is determined what grant ultimately falls to be made to the cor- poration for the year under the preceding provisions of this section, shaH be subject to adjustment, either by way of pay- ments to the corporation by the Minister, or payments to the Minister by the corporation. as the case may require. (5) In this section- (a) the expression "revenue" does not include any grant which may be made by the Minister under this Act; and (b) the expression "expenditure" in relation to any esti- mate, includes any sum thereby proposed to be set aside or allocated for any purpose, other than a sum which would fall to be charged to capital account. 14.-(l) If, after the Minister and the Treasury have made Revision of any determination for the purposes of subsection ~ of the last Exchequer precedine section, it appears that any malerial assumpton ~s, grants to the or is likely to be, at variance with the facts, the corporation corporations. concerned may, and shall if the Minister so requires. submit to the Minister a st~tement giving particulars of the discrepancy. PAGENO="1300" 2700 AIR LAW S AND TREATiES OF THE WORLD In this subsection the expression "material assumption ", in relation to any determination, means any of the assumptions which were made for the purpose of arriving at the estimate of revenue and expenditure upon which the determination was based. (2) If having regard to any such statement, and to any information furnished to him in connection therewith, the Minister is satisfied that any determination made for the pur- poses of subsection (3) of the last preceding section ougl:it to be revised, he may, with the consent of the Treasury, revise the determination, and where any such revision is made the amount of the grant to be made under the last preceding section to the corporation concerned for the financial year in question shall be increased or reduced accordingly. (3) Where any such revision is made, such adjustments shall be made, either by way of payments to the corporation by the Minister, or payments to the Minister by the corporation, as are necessary in consequence of the revision. (4) Where any such determination has been so revised as afore- said, the determination may be further revised in accordance with the provisions of this section, and the said provisions shall have effect for the purposes of any such further revision as they have effect for the purposes of a first revision. Exchequer 15.-(l) The Minister may, with the approval of the Treasury, grants to make grants to any associate of any of the corporations in associates consideration of promises made by the associate with respect to of the the performance, at any time before the first day of April, nine- 11)0 teen hundred and fifty-six, of functions similar to those which any of the corporations have power to perform. (2) It shall be a term of every agreement made by the Minister to make grants in pursuance of this section that no grants shall be payable under the agreement unless the associate complies with such requirements as may be imposed by the Minister for securing that one or more directors of the associate shall be a person or persons nominated by him. (3) In this Act the expression "associate ", in relation to any of the corporations, means any subsidiary of the corpora- tion, or any undertaking which- (a) is constituted for the purpose of providing air transport services or of engaging in any other activities of a kind which the corporation have power to carry on; and (b) is associated with the corporation under the terms of any arrangement for the time being approved by the Minister as being an arrangement calculated to further the efficient discharge of the functions of the corporation; PAGENO="1301" .\IR LA\V~ \\D TH!:ATIF:~ oF' TIIR WORLD 2701 16. The total amount of the grants made by the Minister Limitation of under the preceding provisions of this Act in respect of any Exchequer one financial year shall not exceed eight million pounds. grants. 17. All sums payable by the Minister in accordance with the Expenses and preceding provisions of this Act shall be defrayed out of moneys receipts of provided by Parliament; and any sums received by him in Minister. accordance with those provisions shall be paid into the Exchequer. General financial provisions 18.-(l) Each of the corporations shall have a reserve fund. Reserve funds. (2) The management of the said fund, the sums to be carried from time to time to the credit thereof, and the application thereof shall be as the corporation concerned may determine: Provided that- (a) no part of the said fund shall be applied otherwise than for the purposes of the corporation; and (b) the power of the Minister to give directions to the cor- poration shall extend to the giving to them, with the approval of the Treasury, of directions as to any matter relating to the establishment or management of the said fund, the carrying of sums to the credit thereof, or the application thereof, notwithstanding that the directions may be of a specific character. 19.-(l) Any excess of the revenues of any of the corporations Application for any financial year over the total sums properly chargeable of revenu~. by the corporation to revenue account for that year, including in such sums (without prejudice to the generality of that ex- pression) sums credited under the last preceding section to the feserve fund of the corporation, shall be applied by the cor- poration in such manner as the Minister, with the approval of the Treasury and after consultation with the chairman of the corporation, may direct. (2) Any direction given under the preceding subsection may require the whole or any part of any such excess as aforesaid to be paid into the Exchequer: Provided that the total amount which has been paid into the Exchequer out of the revenues of any one of the corporations by virtue of any such directions shall not at any time exceed the total amount of the grants which have been made by the Minister to that corporation under the Civil Aviation Act, 1946, or this Act. PAGENO="1302" 27C'2 AI~ J. \W~ .~NI) TUF.\T Ii:~ OF THE WORLD Staff, wages, pensions, etc. Terms and 20.-(l It shall be the duty of each of the corporations, conditions of except in so far as the corporation are satisfied that adequate employment machinery exists for achieving the purposes of this subsection, to seek consultation with any organisation appearing to the cor- poration to be appropriate with a view to the conclusion between the corporation and that organisation of such agreements as appear to the parties to be .~ irable with respect to the establish- ment and maintenance of chinery for- (a) the settlement by Ecgotiation of terms and conditions of employment of persons employed by the corpora- tion, with provision for reference to arbitration in default of such settleXnent in 9uch cases as may be determined by or under the agreements; and (b) the discussion of matters affecting the safety, health and welfare of persons employed by the corporation, and of other matters of mutual interest to the corpora- tDn and such persons, including efficiency in the Qpera- tion of the corporation's service,s. (2) Where any of the corporations conclude such an agree- ment as is mentioned in the last preceding subsection, or any variation is made in such an agreement, the corporation con- cerned shall forthwith transmit particulars of the agreement or the variation to the Minister and the Minister of Labour and National Service. (3) In relation to any agreement affecting employment in Northern Ireland, the reference in the last preceding subsection to the Minister of Labour and National Service shall be con- strued as including a reference to the Ministry of Labour and National Insurance for Northern Ireland. Pensions, etc. 21.-(l) The Minister shall by regulations provide for the establishment and maintenance of one or more pension schemes for the purpose of providing pensions and other similar benefits in respect of the service of corporation employees of such classes as may be specified in the regulations, and the MinIster shall by such regulations in particular provide for securing benefits in the case of injury or death. In this section the expression "corporation employee" means an employee of any of the corporations.6 (2) Regulations made under this section, may, for the pur- pose of providing funds from which benefits are to be paid, provide for the payment of contributions by the corporation concerned or by employees of the corporation, or both by the corporation and by such employees, and may in particular pro- vide for the payment of such contributions in respect p~ ~ The ~xswer to make regulations under this Section was extended by the Air Corpo- rations Act, Q53 c. . Section 2~ I. to cover pensions of employees who become members of either corporation, and by Section 2(2) of the same Act provision is to be made for pensions for other members of the corporations. PAGENO="1303" \I1~ I.\w~ ~ JH- rii~. \vT~I ~ 2703 as an employee of any of the corporations before the coming into force of the regulations, and for the payment of benefits in respect of any such service. (3) Regulations made under this section may make provision for securing that service with any undertaking other than the corporations may, in such cases, upon such terms and subject to such conditions as may be specified in the regulations, be reckoned for the purposes of the payment of benefits under the regulations. A ccounts, reports and information 22.-(l) Each of the corporations shall keep proper accounts Accounts and proper records in relation thereto, and shall prepare in and audit. respect of each financial year a statement of accounts in such form as the Minister may, with the approval of the Treasury, direct, being a form which shall conform with the best commer- cial standards and which shall distinguish between the provision of air transport facilities upon scheduled journeys, the provision of air transport facilities otherwise than upon such journeys, and the carrying out of aerial work which does not consist of the provision of air transport facilities. (2) The statement of accounts prepared in respect of any finan- cial year by any of the corporations shall contain such particulars with respect to any undertaking which at any time during that year was a subsidiary of the corporation as the Minister may direct. (3) The accounts of each of the corporations shall be audited by auditors appointed annually by the Minister. (4) As soon as the accounts of any of the corporations for any financial year have been audited, the corporation shall send to the Minister a copy of the statement of accounts prepared by them for that year in accordance with this section, together with a copy of any report made by the auditors on that statement or on ~he accounts of the corporation. (5) The Minister shall lay a copy of every such statement and report before each House of Parliament. 23.-(l) Each of the corporations shall, as soon as possible Annual report after the end of each financial year. make to the Minister a and periodical report dealing with the operations of the corporation during that returns. yea r. (2) The Minister shall lay a copy of every such report before each House of Parliament. PAGENO="1304" 2704 AIR LAWS AXD TREATIES OF THE WORLD (3) The report for any year shall set out any direction given by the Minister to the corporation during that year unless the Minister has notified to the corporation his opinion that it is against the national interest so to do. (4) Each of the corporations shall, in respect of each planning period, as defined for the purposes of this section, and at such time before the beginning of that period as the Minister may direct, submit to the Minister- (a) a programme of the air transport services which the corporation propose to provide during that period and of the other activities in which the corporation pro- pose to engage during that period; and (b) an estimate of the receipts of the corporation during that period, and of the expenditure, whether on revenue account or on capital account, to be incurred by the corporation during that period. (5) In respect of each financial year, each of the corporations shall, at such time before the beginning of the year as the Minister may direct, submit to the Minister an estimate of the expenditure to be incurred by the corporation on capital account during the year. (6) Without prejudice to their duties under the preceding pro- visions of this Act, each of the corporations shall provide the Minister with such information relating to the undertaking of the corporation and to the undertaking of any associate of the corporation (including information relating to any activities proposed to be undertaken by the corporation or any such associate) as the Minister may from time tO time require: Provided that no such requirement shall impose upon any of the corporations the duty of providing the Minister with infor- mation which the corporation do not possess and cannot reason- ably be expected to obtain. (7) For the purpose of providing the Minister with any infor- mation which he may require in accordance with the provisions of the last preceding subsection, each of the corpora- tions shall permit any person authorised by the Minister in that behalf to inspect and make copies of the accounts, books, documents or papers of the corporation, and shall afford such explanation thereof as that person or the Minister may reasonably require. (8) In this section- (a) the expression "planning period" means the period of three financial years beginning with the first day of PAGENO="1305" AIR LAWS .\NI) T1IEATTi:~ OF THE WORLD 2705 April, nineteen hundred and forty-seven, and every period of three financial years which follows immedi- ately upon the end of a planning period; (b) the expression "receipts" does not include any grant which may be made by the Minister; and (c) the expression "expenditure ", in relation to any esti- mate, includes any sum thereby proposed to be set aside or allocated for any purpose. Reservation of certain air services to the corporations and their associates 24.-(1) Subject to the provisions of this section, it shall no~ Reservation of be lawful for any person, other than the corporations, their certain air associates, and the servants and agents of the corporations and services to the corporations th~ir associates, to carry passengers or goods by air for hire and their or reward upon any scheduled journey between two places of associates. which at least one is in the United Kingdom. (2) In this Act the expression "scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it. (3) Nothing in this section shall restrict the right of any person- (a) to carry passengers for the sole purpose of instructing them in flying or the duties of aircrews; or (b) to carry passengers or goods for the sole purpose of providing an air ambulance or rescue service; or (c) in accordance with arrangements for the time being approved by the Minister as being in the public interest, to carry a party of passengers and their baggage (if any) upon a series of three or more journeys organised as a tour for the common enjoyment of those passengers. (4) Nothing in this section shall restrict the right of any person, for the purposes of any air transport undertaking of which the principal place of business is in any country outside the United Kingdom, to provide transport for passengers or goods in accordance with the terms of any agreement for the time being in force between His Majesty's government in the United Kingdom and the government of that country. (5) A person who carries a passenger, or carries any goods, in contravention of the provisions of this section shall be liabic in respect of each offence- (a) on summary conviction thereof, to a fine not exceeding PAGENO="1306" 271)6 \il ~ ~I) ~ri:t~ii:~ t TilE WOELD five hundred pounds, or to imprisonment for a term not exceeding three months, or to both such fine and such Imprisonment; and (b on conviction thereof on indictment, to a fine not exceed- ing five thousand pounds, or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment. Power of 25.-- I For the purpose of determining whether an offence Minister ~o has been committed against the last preceding section, the ~~r~~ation Mir~ister or anyone acting under his authority may require any person v~ho, whether by providing an aircraft or negotiating a contract or otherwise, makes facilities available for travel upon any journey by air between two places of which at least one is in the United Kingdom, or for the consignment of goods upon any such journey, or any servant or agent of any such person as aforesaid, to provide the Minister with such information and documents relating to the iourney as may be specified in the requirement. C) Any person having information or documents in his pos- session ~ho fails to comply with any requirement relating to that information or those documents, being a requirement duly made under the preceding subsection, shall be liable on summary conviction to a fine not exceeding one hundred pounds. Special powers in case of emergency Special powers 26.-~ I In time of war whether actual or imminent, or of in case of great national emergency, the Minister may by order require that erneroenc'. the whole or any part of the undertaking of, or of any property or rights of, or under the control of, any of the corporations shall be placed at the disposal of the Minister, or of such persons as ma~ be provided by the order. (2) So long as any such order is in force, a corporation shall comply with any directions which may be given to them by or under the direction of the Minister. C) An order under this section may make, for the purposes of the order, such provision as an Order in Council under section eight of the Civil Aviation Act, 1949, may make for the purpose of securing compliance with provisions thereof having effect by virtue of paragraph (1) of subsection (2) of that section. 4 Section flf~y.eight of the Civil Aviation Act, 1949 (which authorises any order under the enactments specified therein to provide for the detertion of aircraft to secure compliance with the order~ shall ha\e effect as if any reference therein to an order under an enactment to which Part VI of that Act applies PAGENO="1307" \JLI.. \\\~ \\ i .~ p 2707 included a reference to an order made under this section, but this provision shall be without prejudice to the provisions of the last preceding subsection. (5) Any person who suffers direct injury or loss, owing to the operation of an order of the Minister under this section, shall be entitled to receive compensation from the Minister, the amount thereof to be fixed, in default of agreement, by the Lands Tribunal or the Lands Tribunal for Scotland, as the case may be; and the principles of the Acquisition of Land (Assess- ment of Compensation) Act, 1919, shall, with the necessary modifications, apply where possession is taken of any land. (6) Any expense incurred by the Minister in the exercise of his powers under this section shall be paid out of moneys provided by Parliament. (7) The disputes which by this section are directed to be determined by the Lands Tribunal shall, in the application of this section to Northern Ireland, be determined by an official arbitrator appointed under section one of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the arbitrator shall be selected in accordance with rules made by the Reference Committee under the said section one. (8) The disputes which by this section are directed to be determined by the Lands Tribunal or the Lands Tribunal for Scotland shall, in the period before the coming into force of the Lands Tribunal Act, 1949, for the part of Great Britain in question, be determined by an official arbitrator appointed under section one of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the arbitrator shall be selected in accordance with rules made by the Reference Committee under the said section one. Transitional provisions relating to merger of British South A merican Airways Corporation arid British 0 s'er.veas Airways Corporation 27.-(l) Whereas on the passing of the Airways Corporations Merger of Act, 1949, that is to say on the thirtieth day of Juls, nineteen British South hundred and forty-nine, all property of thL British South Amen- American can Airways Corporation situated in the United Kingdom, all E~tion aircraft of that corporation registered in the United Kingdom and British and all rights, liabilities and obligations of that corporation Overseas which were then enforceable in the United Kingdom were, by Airways virtue of subsection (1) of section one of that Act, transferred Corporation. to the British Overseas Airways Cornoration Now therefore--- (a) the British South American Airv~ass Corporation shall have power, without consideration, to transfer to the PAGENO="1308" 2708 ATI~ LA\V~ AXD TI:~F:ATIES OF THE WORLD British Overseas Airways Corporation any property or rights not transferred by virtue of the said subsection (1) ; and (b) the British Overseas Airways Corporation shall have power, without consideration, to undertake any liabilities or obligations of the British South American Airways Corporation not transferred as aforesaid. (2) Without prejudice to the provisions of section fifty-two of the Finance Act, 1946 (which exempts from stamp duty certain documents connected with statutory schemes for the carrying on of undertakings under national ownership or control)- (a) stamp duty shall not be payable on any conveyance, agreement or other instrument executed in pursuance of the last preceding subsection or subsection (1) of section one of the Airways Corporations Act, 1949; and (b) section eight of the Finance Act, 1899 (which imposes stamp duty in respect of loan capital) shall not apply to any loan capital transferred by virtue of the last preceding subsection or subsection (1) of the said section one. (3) When the Minister is satisfied that the necessary arrange- ments have been made for transferring to the British Overseas Airways Corporation any property, rights, liabilities and obliga- tions of the British South American Airways Corporation not transferred by virtue of subsection (1) of section one of the said Act of 1949, he may by order direct that the British South American Airways Corporation shafl be dissolved on such day as may be specified in. the order (in this Act referred to as the appointed day ~ Stock and 28.-(1) The three per cent. British South American Airways loans. Stock, 1980-1983, shall be deemed to be stock issued by the British Overseas Airways Corporation, and shall be charged accordingly on the undertaking and the property and revenues of that corporation and as from the sixteenth day of February, nineteen hundred and fifty, that stock shall be deemed to be of the same issue as the three per cent. Airways Stock, 1980-1983, and shall be subject to the terms and conditions applicable to the last mentioned stock. (2) For the purposes of subsection (1) of section twelve of this Act temporary loans raised by the British South American Air- ways Corporation and not repaid before the thirtieth day of July, nineteen hundred and forty-nine shall be treated as tem- porary loans raised by the British Overseas Airways Corporation. For Order under Subsection 3) see the British South American Airways Corpora- tion Dissolution) Order. 1952, S. I. 1952, No. 1138. PAGENO="1309" AlE L.\W-~ AN!) TEE \TTE~ OF THE WOELD 2709 (3) Where the Treasury has guaranteed any stock issued or any temporary loan raised by the $ntish South American Air- ways Corporation, subsection (3) of section ten of this Act shall have effect in relation to any sums issued out of the Consolidated Fund under subsection (2) of that section or subsection (2) of section nine of the Civil Aviation Act, 1946, in respect of the guarantee as if the corporation concerned was the &itish Over- seas Airways Corporation. 29. For the purposes of the proviso to subsection (2) of section Disposal of nineteen of this Act any grant made before the thirtieth day excess revenue. of July, nineteen hundred and forty-nine to the British South American Airways Corporation shall, in relation to any direc- tion given under that section on or after that date, be deemed to have been made to the British Overseas Airways Corporation. 30.-(1) In respect of the financial year ending with the thirty- Accounts, etc. first day of March, nineteen hundred and fifty, and any subse- quent financial year beginning before the appointed day- (a) the statement of accounts prepared by the British Over- seas Airways Corporation under section twenty-two of this Act may extend to the accounts of the British South American Airways Corporation, and in that case no such statement shall be prepared or sent to the Minister under that section by the British South American Airways Corporation; and (b) the report made to the Minister by the British Overseas Airways Corporation under subsection (1) of section twenty-three of this Act may extend to the operations of the British South American Airways Corporation, and in that case no report shall be made under that subsection by the British South American Airways Corporation. (2) Any programme or estimate which, before the appointed day, is submitted to the Minister by the British Overseas Airways Corporation in accordance with subsection (1) of section thirteen or subsection (4) or subsection (5) of section twenty-three of this Act may extend to the services, receipts and expenditure of the British South American Airways Corporation, and in any such case no programme or estimate shall be so submitted by the British South American Airways Corporation. 31.-(1) Any proceeding or cause of action pending or exist- Supplementary. ing immediately before the thirtieth day of July nineteen hun- dred and forty-nine by or against the British South American Airways Corporation may be continued and enforced by or PAGENO="1310" 27) (I ~ 0 01. \11 1 TIlE WOl1LD against the British Overseas Airways Corporation as it might have been by or against the British South American Airways Corporation if neither this Act nor the Airways Corporations Act, ~949, had been passed. (21 0-' and after the appointed day, references to the British South American Airways Corporation in any enactment, order, rule, regulation or other instrument shall be construed as refer- ences to the Brit:st~ Ove:~cas Airways Corporation: Provided that this section shall not apply to any such refer- ence as aforesaid in the Civil Aviation Act, 1949, or this Act or in any regulations made under section thirty-six, fifty-five or fifty-six of that Act or section nine or twenty-one of this Act. (3) Any undertaking which immediately before the appointed day is a6sociated with the British South American Airways Cor- poration under the terms of an arrangement by virtue of which it is an associate of that corporation, shall be deemed, on and after the appointed day, to be so associated with the British Overseas Airways Corporation and to be an associate of that corporation accordingly. (4 Without prejudice to the provisions of section twenty-seven of this Act arid of subsection (1) of this section, all deeds, bonds, agreements and instruments which are subsisting immediately before the appointed day and affect the British South American Airways Corporation shall on and after the appointed day be as of full force and effect against or in favour of the British Overseas Airssays Corporation and enforceable as fully and effectually as it, instead of the British South American Airways Corporation. the British Overseas Airways Corporation had been named therein or had been a party thereto. Transitional provisions relating to the acquisition of certain undertakings by British Overseas Airways Corporation Transitional 32.--- 1 Any cause of action existing immediately before the provisions transfer date by or against either of the vendor companies in ~ respect of its undertaking may be continued and enforced by certain or against the British Overseas Airways Corporation, as it might undertakings have been by or against that company, if neither this Act nor by British the British Overseas Airways Act, 1939, had been passed. Overseas Airways (2t All deeds, bonds, agreements, instruments and working Corporation. arrangements sshich were subsisting immediately before the transfer date and affected either of the vendor companies, shall in so far as they relate to the undertaking of that company, he of as full force and effect against or in favour of the British Overseas Airways Corporation, and enforceable as fully and effectually as if, instead of the company, the corporation had been named therein or had been a party thereto. PAGENO="1311" \IL 1\\V~ \\1) ilL THI ~`~UiH 2711 (3) Any person who, on the transfer date, had in his posses- sion or under his control any books, documents or papers, which relate to an undertaking transferred from either of the vendor companies to the British Overseas Airways Corpora- tion and which belonged to either of the vendor companies, or would have so belonged if such transfer had not taken place, shall be liable to account for the said documents to the corporation and shall, at the request of the torporation, deliver them up to the corporation, or to such person as the corporation may appoint: Provided that nothing in this section shall be construeJ as over-riding or affecting a lien to which any person may be entitled. (4) In this section and in the following provisions of this Act- (a) the expression "transfer date" means the day on which the undertakings of. Imperial Airways Limited and British Airways Limited were under section nine of the British Overseas Airways Act, 1939, transferred to the British Overseas Airways Corporation, that is to say, the first day of April, nineteen hundred and forty; and (b) the expression "the vendor companies" means Imperial Airways Limited and British Airways Limited. 33. Stamp duty shall not be chargeable- Ex~pt!on (a) on any of the purchase agreements' or on any convey- ~ro~ stamp ance, assignment or other instrument of transfer made in pursuance of any of those agreements; or (b) under section twelve of the Finance Act, 1895, on any instrument relating to the vesting of the undertakings of either of the vendor companies in the British Over- seas Airways Corporation. In this section, the expression "purchase agreements" means the contracts whereby the undertakings of the vendor companies were acquired by the British Overseas Airways Corporation. Transitory provisions as to superannuation, etc. 34 The provisions contained in the Second Schedule to this Pension and Act shall have effect with respect to the pension and superan- suPerannuation nuation schemes of the vendor companies, and in that Schedule SCh~n~S of the expression "the corporation" means the British Overseas companies. Airways Corporation. PAGENO="1312" 2712 AlE LAWS AND TREATIES OF THE WORLD Superan!tua- 35.-(1) No person shall be a member of any pension super- tion schemes annuation or other benefit fund or scheme established by the afre~d~~ British Overseas Airways Corporation before the first day of by Bnttsb August, nineteen hundred and forty-six, for the benefit of per- Overseas sons employed by the corporation unless he was a member of Airways that fund or scheme immediately before the said day. Corporation. (2) The Minister may by regulations make such provision as he thinks necessary for enabling any person who is a member of any fund or scheme so established or who is for the time being participating in any such scheme as is mentioned in the Second Schedule to this Act, to withdraw from that fund or scheme in consideration of being admitted, upon such terms as may be provided for by the regulations, to any scheme estab- lished under section twenty-one of this Act. Supplemental Provisions 36.-(l) Proceedings for an offence against this Act- as to offences. . (a) shall not, in England, be instituted except by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions; and (b) shall not, in Northern Ireland, be instituted except by or with the consent of the Minister or by the Attorney- General for Northern Ireland. (2) Where an offence against this Act has been committed by a body corporate, every person who at the time of the com- mission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purport- ing to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. Regulations 37.-(l) Any power conferred by this Act on the Minister and order. to make orders or regulations shall be exercisable by statutory instrument. (2) Any power conferred by this Act to make any Order in Council or order, other than the power conferred by section twenty-seven, shall be construed as including a power, exer- cisable in the like manner and subject to the like conditions. if any, to vary the Order in Council or order. PAGENO="1313" AIR LA\V~ \~ J) Tl1l'..\TIl~ ~I THE W(WLD 2713 38.-(1) In this Act, except where the context otherwise Interpretation. requires or where it is otherwise expressly provided, the follow- ing expressions have the meanings respectively assigned to them, that is to say- "appointed day" has the meaning assigned to it by section twenty-seven of this Act; "air transport service" means a service for the carriage by air of passengers, mails or other freight; "associate ", in relation to any of the corporations, has the meaning assigned to it by section fifteen of this Act; "director" includes any person occupying the position of director, by whatever name called; "financial year ", in relation to any of the corporations, means a period of twelve months beginning on the first day of April; "Minister" means the Minister of Civil Aviation; "remuneration" includes reasonable allowances in respect of expenses properly incurred in the pursuance of the duties of any office; "revenue," in relation to any of the corporations, includes grants made by the Minister to the corporation under this Act; "scheduled journey" has the meaning assigned to it by section twenty-four of this Act; "subsidiary," in relation to any of the corporations, means any undertaking more than one half of the issued share capital whereof is held directly or through a nominee by the corporation, and any undertaking in relation to which the corporation have a power directly or indirectly to appoint the majority of the directors; "transfer date" has the meaning assigned to it by section thirty-two of this Act; "vendor companies" has the meaning assigned to it by section thirty-two of this~ Act; (2) References in this Act to any enactment shall be con- strued as including references to that enactment as amended by or under any other enactment. 39. The following provisions shall, in addition to any express Generar provision for the application to Northern Ireland of any oro- application vision of this Act, have effect for the general application of tO North~n this Act to Northern Ireland, that is to say- (a) any reference to any enactment shall be construed as a reference to that enactment as it has effect in Northern Ireland; The responsible Minister is noss the Minister of Transport and Os 1 As iaOon, see the Transfer of Functions Ministry of Civil Aviation Order. 1953. S. I. 1953, No. 1204. 39-7370-- (3i5-col. H- -83 PAGENO="1314" 2714 AIR LAWS AND TREATIES OF THE WORLD (b) any reference to an Act of Parliament shall be con- strued as including a reference to an Act of the Parlia- ment of Northern Ireland, and "enactment" includes an enactment of that Parliament; (c) "summary conviction" means conviction subject to, and in accordance with, the Petty Sessions (Ireland) Act, 1851, and any Act amending that Act; Application 40.-(l) His Majesty may by Order in Council direct that any to Channel of the provisions of this Act shall extend, with such exceptions, Islands and modifications and adaptations, if any, as may be specified in the Isle of Man. Order, to any of the Channel Islands or to the Isle of Man :~ Provided that this subsection shall not apply to sections eight, nine and. ten, in so far as they relate to the British Overseas Airways Corporation, or section eleven, sections twenty-six to thirty~flve or the Second Schedule. (2) Any such Order in Council may provide for the payment of sums out of moneys provided by Parliament for any purpose for which sums are required to be so paid in consequence of the exercise of the powers conferred by the preceding subsection. Repeal and 41.-(1) The enactments set out in the Third Schedule to savings, this Act are hereby repealed to the extent specified in the third column of that Schedule: Provided that without prejudice to the provisions of the Inter- pretation Act, 1889, this subsection shall..bave effect subject to the Zollowing provisions of this section.'° (2) Nothing in this repeal shall affect any instrument made or any other thing whatsoever done under any enactment repealed by this Act, and every such instrument or thing shall continue in force and shall, so far as it could have been made or done under this Act, have effect as if made or done under the corresponding enactment of this Act. (3) Nothing in this repeal shall affect the amount of any grant payable to any of the corporations under any enactment repealed by this Act or any adjustment which, but for this repeal, could have been made under section eleven of the Civil Aviation Act, 1946, and any such adjustment may be made as if this Act had not been passed. (4) Nothing in this repeal shall affect the terms and condi- tions on and subject to which any person held office or served immediately before the commencement of this Act. (5) Where under any Act passed before this Act there is a power to affect Acts of Parliament passed or in force before a particular time and that power would, but for the ss~n~ `The Civil Aviation Act (Extension to the Isle of Man) Order, 1948, S. I. 1948, No. 1338 has been revoked. See now the Civil Aviation Act (Isle of Man) Order, 1952, S. I. 1952, No. 1032, and the Air Corporations Act (Isle of Man) Order, 1952, S. I. 1952, No. 1033. The Civil Aviation Act (Extension to the Channel Islands) Order, 1947, S. R. and 0. 1947. No. 528. has been revoked. See now the Civil Aviation Act (Channel Islands) Order. 1953, S. I. 1953. No. 398 and the Air Corporations Act (Channel Islands) Order, 1953, S. I. 1953, No. 398. Subsection (I) is repealed in its application to the United Kingdom by the S. L. R. Act. 1953 (c. 5). PAGENO="1315" AIR LAWS AND TRF:ATIE~ OF THE WORLD 2715 of this Act, have included power to change the law which is reproduced in this Act, then that power shall include power to make such provision as will secure the like change in the law as reproduced in this Act notwithstanding that this Act is not an Act passed or in force before that time and notwith- standing that the terms of this Act, apart from this subsection, are not such as to render that power applicable. (6) Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act. 42. This Act may be cited as the Air Corporations Act, 1949. Short title. See note I. Supra. PAGENO="1316" 2716 ATE I.AW~ AND TREATIE~ OF THE WORLD SCHEDULES Sec~rt 2. FIRST SCHEDULE S'?PLEMENTARY PROVISIONS AS TO i-I-in CORPORATIONS Tenure and Vacation of Office 1. Subject as hereinafter provided, a member of the corporation shall hold and vacate of~e as such in accordance with the terms of the instrument appointing him to be a member: Provided that- (a) where a member becomes or ceases to be chairman or deputy chairman of the corporation, the Minister may vary the terms of the instrument appointing him to be a member of the corporation, so far as they relate to the date on which he is to vacate office as such; and (b) a member of the corporation may at any time, by notice in writing under his hand addressed to the Minister, resign his membership. 2. Subject as hereinafter provided, the chairman of the corporation and the deputy chairman of the corporation shall hold and vacate office as such in accordance with the instruments respectively appointing them: Provided that the chairma~n or deputy chairman may at any time, by a notice in writing under his hand addressed to the Minister, resign his office as such. 3. If the chairman or deputy chairman of the corporation ceases to be a member of the corporation, he shall cease to be chairman or deputy chairman, as the case may be. 4. A member of the Commons House of Parliament shall not be appointed a member of the corporation. 5. If the Minister is satisfied that a member of the corporation- (a) has been absent from meetings of the corporation for a period longer than three consecutive months without the permission of the corporation; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness, or (d) is otherwise unable or unfit to discharge the functions of a member; the Minister may declare his office as a member of the corporation to be vacant and shall notify the fact in such manner as the Minister thinks fit; and thereupon the office shall become vacant. 6. A member of the corporation who ceases to be a member shall be eligible for re-appointment. 7. The validity of any proceeding of the corporation shall not be affected by any vacancy amongst the members thereof, or by any defect in the appointment of a member thereof. PAGENO="1317" ~ii~ i\\V~ \NI ) T1~V\1 ii:~ kI~'r iii: ~vi~ii 2717 The Deputy Chairman 1ST SCH. 8. Where by any provision of this Act the Minister is required tc ~ consult with the chairman of the corporation before exercising any power, and either:- (a) the office of chairman of the corporation is vacant; or (b) by reason of illness, absence or any other cause the chairman is not available, the Minister may comply with that requirement by consulting, before exercising the power, with the deputy chairman of the corporation, or in the case of the British Overseas Airways Corporation, at any time when two deputy chairmen thereof hold office, with either of the deputy chairmen. Remuneration 9. The corporation shall pay to each member thereof, in respect of his office as such, such remuneration as may be determined by the Minister with the consent of the Treasury, and shall pay to the chairman and deputy chairman thereof, in respect of his office as such, such remuneration (in addition to any remuneration to which he may be entitled in respect of his office as a member) as may be so determined. 10. If any member of the corporation, other than the chairman or deputy chairman thereof, is employed about the affairs of the corporation otherwise than as a member thereof, the corporation may pay to that member such remuneration (in addition to any remuneration to which he may be entitled in respect of his office as a member) as the corporation m~y determine. Meetings and proceedings 11. The quorum of the corporation and the arrangements relating to meetings thereof shall be .uch as the corporation may determine. The com;~:on seal 12. The corporation shall have a common seal, and the fixing of the seal shall be authenticated by the signatures of- (a) the chairman of the corporation, or some other member thereof authorised either generally or specially by the corpora- tion to act in his stead for that purpose; and (b) some other person authorised by the corporation, either generally or specially, to act for that purpose. Instruments of the corporation 13. Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed on behalf of the corporation by any person generally or specially authorised by them for that purpose. 14. Any document purporting to be a document duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Power to hold land 15. The corporation shall have power to hold land for the purposes of their functions without licence in mortmain. PAGENO="1318" 2718 AIR LAWS AND TREATIES OF THE WORLD SECOND SCHEDULE Sections 34, 35. PROVISIONS AS TO PENSIONS AND SUPERANNUATION Sc~n~s OF VnNnoR COMPANIES PART I Pensions Scheme of Imperial Airways Limited 1. In this Part of this Schedule- (a) the expression "the company" means Imperial Airways Limited; (b) the expression "the scheme" means the pension scheme established for the benefit of the employees of the company by a Trust Deed dated the twenty-third day of October nineteen hundred and thirty-six and made between the company of the first part Sidney Albert Dismore and Arthur Joseph Quin-Harkin of the second part, and Leslie Alan Walters and Rankin Lorimer Weir of the third part; (c) references to the scheme shall be construed as including references to the said Trust Deed. 2. The scheme shall continue in operation subject to the following provisions of this Part of this Schedule which shall have effect for the purposes of regulating the continued operation of the scheme. 3. No person who was, immediately before the transfer date, par- ticipating in the scheme shall be eligible to participate therein unless- (a) he was, immediately before the transfer date, in the service of the company; (b) he was then not eligible to participate in the scheme by reason only of the fact that he had not been in the service of the company for a sufficient length of time or was a labourer or a member of the staff locally engaged overseas; and (c) he has entered the service of the corporation; and no person shall be eligible to participate in the scheme except in accordance with the provisions of the scheme as regulated by the provisions of this Part of this Schedule. 4. Any person who was, immediately before the transfer date, in the service of the company and has not entered the service of the corpora- tion, shall- (a) if he was, immediately before the transfer date, less than fifty-five years of age be treated as if he were then discharged from the service of the company for reasons other than misconduct; (b) if he was, immediately before the transfer date, fifty-five years or more but had not then attained the age of sixty years be treated, at his option, either as if he had then retired on pension before attaining the age of sixty years with the permission of the Board of the company, or as if he had then been discharged from the service of the company for reasons other than misconduct; or (c) if he was, immediately before the transfer date, sixty years of age or more, be treated as having then retired from the service of the company. PAGENO="1319" AIR LAWS AXD TREATIES OF THE WORLD 2719 5. Subject to the provisions of this Part of this Schedule, the scheme 2ND Scu. shall have effect as if- -cont. (a) the corporation had been in existence on the date of the execution of the said Trust Deed and had executed that document in the place of the company; and (b) for any reference (by whatever form of words) in the scheme to the company, or to the Board of the company, there were substituted a reference to the corporation; and - (c) the service or employment under or by the company of any person had been service or employment under or by the corporation; and (d) any thing done, permitted or omitted by or on behalf of the company (including any thing which is by virtue of the preceding provisions of this Part of this Schedule to be deemed to have been permitted by the company or by the Board of the company) had been done, permitted or omitted, as the case may be, by the corporation. 6. Nothing contained in this Part of this Schedule shall prejudice or affect any power of altering, amending, adding to or cancelling the scheme in accordance with the provisions thereof. PART II Superannuation Scheme of British Airways Limited 1. In this Part of this Schedule- (a) the expression "the company" means British Airways Limited; (b) the expression "the Trust Deed" means the Trust Deed (relating to the provisions of superannuation benefits for the employees and salaried directors of the company and its associated or subsidiary companies by means of a Superannua- tion Scheme under which endowment assurances are to be effected with the Sun Life Assurance Society) dated the seventeenth day of March nineteen hundred and thirty-nine, and made between the company of the one part, and John Ronald McCrindle, Walter Cyril Tomlinson, David Smillie Smith Macdowall, and John Vincent Wood of the other part; (c) the expression "the regulations" means the regulations contained in the First Schedule to the Trust Deed; (d) the expression "the scheme" includes both the Trust Deed and the Superannuation Scheme to which it relates as existing immediately before the transfer date; and (e) the expression "Trustees' Assurance" and "Employee's Assurance" have the same meanings respectively as in the regulations.' 2. The scheme shall continue in operation subject to the following provisions of this Part of this Schedule which shall have effect for the purpose of regulating the continued operation of the scheme. PAGENO="1320" 2720 AIR LAWS AND TREATIES Of' THE WORLD 2~'.m Sci~. 3. No person who was not immediately before the transfer date -cont. participating in the scheme shall be eligible to participate in the scheme unless- (a) he was, immediately before the transfer date, an employee as defined by the regulations; or (b) he had, immediately before the transfer date, been in the service of the company for a period of less than three months; and (c) in either case, he has entered the service of the corporation; and no person shall be eligible to participate in the scheme except in accordance with the provisions of the scheme as regulated by the provisions of this Part of this Schedule. 4. Any person who was, immediately before the transfer date, an employee as defined by the regulations, and has not entered the service of the corporation, shall be deemed to have retired immediately before the transfer date from the service of the company with the consent of the company, and, for the purposes of any provisions of the regulations relating to any Trustees' Assurance, shall be deemed to have so retired during the period of ten years preceding the date of the maturity of that Assurance. 5. Subject to the provisions of this Part of this Schedule the scheme shall have effect as if- (a) the corporation had been in existence on the date of the execution of the Trust Deed and had executed that document in place of the company; and (b) the corporation had been a party to the Superannuation Scheme to which the Trust Deed relates, and to any agreement relating to that Superannuation Scheme, in place of the company; and (c) for any reference (by whatever form of words) in the scheme to the company there were substituted a reference to the corporation; and (d) references to associated or subsidiary companies were omitted from the scheme; and (e) the service or employment under or by the company of any person had been service or employment under or by the corporation; and (f) any act or thing done, permitted or omitted by or on behalf of the company (including any thing which is by virtue of the preceding provisions of this Part of this Schedule to be deemed to have been permitted by the company) had been done, permitted or omitted, as the case may be, by the corporation. 6. Anything required or authorised by the scheme to be done by the secretary or a director of the company may be done by such member or officer of the corporation as the corporation may appoint for the purpose. PAGENO="1321" ;lIi L~\VS \\1) TPl\T1[~ (~V TILl ~V(~iiI~I) 2721 7. Nothing contained in this Part of this Schedule shall prejuiice or 2r.m Scw affect any power of altering, cancelling or modifying all or any of the -cont. provisions of the Trust Deed or of the regulations in accordance with the provisions of the Trust Deed, or of determining the trusts created under the Trust Deed in accordance with the provisions of the regula- tions, or any power of terminating or modifying the Superannuation Scheme to which the Trust Deed relates, or any agreement relating to the Superannuation Scheme, in accordance with the terms of that Scheme or agreement. THIRD SCHEDULE SectiOn 41. REPEA~ Session and Chapter . Short title Extent of repeal 2 & 3 Geo. 6. The British Overseas The whole Act. c. 61. Airways Act, 1939. 8 & 9 Geo. 6. The Ministry of Civil The whole Act, so far as un- c. 21. Aviation Act, 1945. repealed. 9 & 10 Geo. 6. The Civil Aviation Act, The whole Act, so far as un- c. 70. 1946. repealed. 10 & 11 Geo. 6. The Finance Act, 1947 In subsection (2) of section fifty- C. 35. seven, the words "The British Overseas Airways Corporation" and the words "The British European Airways Corporation; and The British South American Airways Corporation ". 12 & 13 Geo. 6. The Airways Corpora- The whole Act. c. 57. tions Act, 1949. Table of Statutes referred to in this Act Short Title Session and Chapter Petty Sessions (Ireland) Act, 1851 14 & 15 Vict. c. 93. Local Loans Act, 1875 38 & 39 Vict. c. 83. Interpretation Act, 1889 52 & 53 Vict. c. 63. Finance Act, 1895 58 & 59 Vict. c. 16. Finance Act, 1899 62 & 63 Vict. c. 9. Acquisition of Land (Assessment of Compensation) Act,1919 ... ... 9&lOGeo.5.c.57. British Overseas Airways Act, 1939 2 & 3 Geo. 6. c. 61. Finance Act, 1946 ... 9 & 10 Geo. 6. c. 64. Civil Aviation Act, 1946 9 & 10 Geo. 6. c. 70. Lands Tribunal Act, 1949 12, 13 & 14 Geo. 6. c.42. Airways Corporations Act, 1949 12, 13 & 14 Geo. 6. c.57. Civil Aviation Act, 1949 12, 13 & 14 Geo. 6. c.67. 2 Repealed in its application to the I. nited Kinectom by the S. L, R Act. 1953 ft. 5). PAGENO="1322" Civil Aviation (Licensing) Act, 1960 8&9Euz.2 CH.38 ARRANGEMENT OF SECTIONS Licensing of certain flying Section 1. Establishment of licensing authority, and restriction of unlicensed flying. 2. Air service licences. 3. Revocation, suspension and variation of licences. 4. Advisory functions of Board. 5. Regulations. 6. Enforcement of licensing provisions. Prohibition of aerial advertising 7. Prohibition of aerial advertising and propaganda. General 8. Expenses of, and reports by, Board. 9. Repeal of certain enactments. 10. Interpretation. 11. Power to extend provisions of Act to certain overseas territories. 12. Citation, commencement and extent. Schedule-The Air Transport Licensing Board. 2722 PAGENO="1323" AIR LAWS AND TREATIES OF THE WORLD 2723 CHAPTER 38 An Act to prohibit certain flying except under a licence or other authority and to repeal section twenty-four of the Air Corporations Act, 1949; and for purposes con- nected with the matters aforesaid. [2nd June, 1960] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- Licensing of certain flying 1.-(1) There shall be established in accordance with the Establishment provisions of the Schedule to this Act an Air Transport Licensing of licensing Board (in this Act referred to as "the Board ") wdh the general ~ duty of exercising their functions under this Act in such a of unlicensed manner as to further the development of British civil aviation, flying. (2) No aircraft shall `be used on any flight for reward or in connection with any trade or business except under and in accordance with the terms- (a) of such certificate, if any, (in this Act referred to as an "air operator's certificate ") as any Order in Council for the time being in force under section eight of the Civil Aviation Act, 1949, may require the operator of the aircraft to hold for the purposes of such flights as that in question, being a certificate of his competence to secure that aircraft operated by him on such flights are operated safely; and (b) subject to subsection (3) of this section, of a licence granted to the operator of the aircraft by the Board under section two of this Act (in this Act referred to as an "air service licence "), being a licence authorising the operator to operate aircraft on such flights as that in questior. PAGENO="1324" 2724 AlE L\\V~ ANT) TEEATIES 01: THE WOELD (3) The Minister may by regulations provide that paragraph (b) of the last foregoing subsection shall not apply to flights of such descriptions as may be specified in the regulations, and may by instrument in writing exempt from the requirements of the said paragraph (b) any other particular flight or series of flights. (4) This section shall apply to- (a) any flight in any part of the world by an aircraft regis- tered in the United Kingdom ; and (b) any flight beginning or ending in the United Kingdom by an aircraft registered in such other country or territory, if any, as may be prescribed. Au service 2.-(l) Any application to the Board for the grant of an air licences. service licence shall contain such particulars as may be pre- scribed; and, subject to the provisions of this section and of any relevant regulations under section five of this Act, the Board may at their discretion, after consulting with such persons, if any, as may be prescribed, either refuse the application or grant the applicant an air service licence for any air transport service or other purpose specified in the licence (being a service or other purpose proposed in the application with such modifications, if any, as the Board may think fit) for such term and subject to such conditions, if any, of the prescribed descriptions as may be so specified. (2) In exercising their functions under this section the Board shall consider in particular- (a) whether they are satisfied that, having regard in par- ticular to his experience and financial resources and, subject to subsection (4) of this section, to his ability to provide satisfactory equipment, organisation and staffing arrangements, and having regard also to any contravention in respect of aircraft operated by him of the provisions of section one of this Act, the applicant is competent, and a fit and proper person, to operate aircraft for the purposes for which he seeks an air service licence; (b) the provision made or proposed to be made against any liability in respect of Joss or damage to persons or property which may be incurred in connection with aircraft operated by the applicant; (c) any unfair advantage of the applicant over other opera- tors by reason of the terms and conditions of employ- ment of his servants; (d) the existing or potential need or demand for any air transport service proposed; PAGENO="1325" \IU L\\V~ A~1) T!~ \L1i )l'~ THI WOOIT) 2725 (e) in the case of any air transport service proposed. the adequacy of any similar service authorised by any air service licence already granted and the tariff, if any, in respect of that similar service (f~ the extent to which any air transport service proposed would be likely to result in wasteful duplication of, or in material diversion of traffic from, any air trans- port service which is being, or is about to be. provided under any air service licence already granted; (g) any capital or other expenditure reasonably incurred, or any financial commitment or commercial agreement reasonably entered into, in connection with the opera- tion of aircraft on air transport services by any person (including the applicant) who is the holder of any air service licence already granted; (h) any objections or representations made in accordance with any relevant regulations under section five of this Act. (3) The Minister and the Board shall from time to time consult together with regard to relations with other countries or terri- tories affecting the exercise of the Board's functions; and if in the case of any application for an air service licence the Minis- ter so directs in writing on the ground that any air transport service proposed in the application would in his opinion involve the negotiation with the government of some other country or territory of rights which it would be inexpedient for the time being to seek, the Board shall forthwith refuse that application so far as it relates to that service. (4) For the purposes of paragraph (a) of subsection (2) of this section, the Board shall not consider the matters in respect of which an air operator's certificate is required, that is to say, the competence of the applicant to secure that aircraft operated by him will be operated safely. (5) Every air service licence authorising an air transport service shall include a provision with respect to the tariff to be charged in respect of that service, being- (a) in the case of a service between terminal points one of which is in the United Kingdom and the other of which is in the United Kingdom, one of the Channel Islands or the Isle of Man, a provision setting out that tariff; (b) in any other case, either a provision setting out that tariff or a provision specifying the manner in which that tariff is to be determined; and in a case falling within paragraph (b) of this subsection the licence shall be of no effect until the said provision has been confirmed by the Minister either without modification or with PAGENO="1326" 2726 AIR LAWS AND TREATIES OF THE WORLD such modifications as he may think fit after consultation with such holders of air service licences and other persons as he may consider appropriate: Provided that, in such cases or classes of cases as may be prescribed, this subsection shall have effect subject to such excep- tions or modifications as may be prescribed in relation to the case or class of cases in question. (6) The Minister may by order made by statutory instrument authorise the grant of an air service licence to any person specified in the order (being a person who provided air trans- port services before the date of the coming into force of subsec- tion (2) of section one of this Act) in respect of any air transport service so specified for such term and subject to such con- ditions, if any, as may be so specified in relation to that service; and, without prejudice to their powers under section three of this Act, the Board shall grant that licence forthwith without any application being made therefor: Provided that the Minister shall not make any order under this subsection after the expiration of the period of three months beginning with the said date. (7) Except with the consent of the Minister, which may be granted either generally or in respect of a particular case or class of cases, the Board shall not grant an air service licence to any person who is not either- (a) a citizen of the United Kingdom and Colonies, a citizen of the Federation of Rhodesia and Nyasaland, a citizen of the State of Singapore or a British protected person; or (b) a body incorporated in the United Kingdom or in any part thereof, or in any of the Channel Islands, the Isle of Man, the said Federation, or a colony, protectorate or United Kingdom trust territory, being a body which in the opinion of the Board is substantially controlled by persons each of whom is either a citizen of the United Kingdom and Colonies, a citizen of the said Federation, a citizen of the said State or a British protected person. (8) If, while an air service licence is in force and not later than the prescribed time before the expiry of the term for which it was granted, the holder thereof applies to the Board for the grant cxf a new air service licence in cor?tinuation thereof or in substitution therefor, then, without prejudice to the powers of the Board under section three of this Act, unless the application is withdrawn the first-mentioned licence shall not cease to be in force by reason of the expiry of the said term until the Board have given their determination on the application nor, if the PAGENO="1327" AIR LAWS A~D TREATIES OF THE WORLD 2727 application is refused or if any new licence granted differs in its terms from the first-mentioned licence, until- (a) the expiration of the period prescribed under section five of this Act for appealing against the Board's decision; and (b) if an appeal is duly made within that period, the deter- mination or abandonment of the appeal; and (c) in the case of a successful appeal against a refusal of the application, the date of the coming into force of the new licence. 3.-(l) Subject to any relevant regulations under section five Revocation, of this Act, an application for the revocation, suspension or variation of an air service licence may be made to the Board of licences. at any time by any of the persons prescribed in pursuance of paragraph (b) of subsection (1) of that section. (2) Whether or not any application or representation has been made to the Board for the purpose, if in the case of any person who is the holder of an air service licence the Board are at any time no longer satisfied as mentioned in paragraph (a) of subsection (2) of section two of this Act, they shall, as may appear to them appropriate in the circumstances, revoke, suspend or vary that licence. (3) Without prejudice to the last foregoing subsection, if at any time the Board are satisfied, whether or not any application or representation has `been made to them for the purpose, that it is right and proper so to do, they may revoke, suspend or vary any air service `licence. (4) Subsections (2) to (4) of section two of this Act shall have effect with the necessary modifications in relation to the Board's functions under the two last foregoing subsections as they have effect in relation to their functions under the said section two. (5) If any air service licence is revoked, suspended or varied by the Board otherwise than on the application of the holder of the licence, the revocation, suspension or variation shall not take effect until `the expiration of the period prescribed under section five of this Act for the making of an appeal against the Board's decision nor, if an appeal is duly made during that period, until the determination or abandonment of the appeal. 4.-(l) It shall be the duty of the Board to consider any repre- Advisory sentation from any person relating to, or to facilities in connec- functions of tion with, air transport services by means of aircraft registered Board. in the United Kingdom, or with respect to the tariff or other charges in respect of any such service or facilities: PAGENO="1328" 2728 ~ ~ ~y~n TEF:ATIES F THE WORLD Provided that the Board shall not be required by this sub- section to consider any representation if in their opinion- (a) the representation is frivolous or vexatious ; or (b) the matters to which the representation relates have already been sufficiently considered by the Board; or (c) the matters to which the representation relates are for the time being regulated by an international agreement to which Her Majesty's Government in the United Kingdom is a party. (2) When the Board have considered any such representation as aforesaid, they shall report to the Minister upon their con- clusions, and shall make such recommendations to the Minister in connection with those conclusions as they think expedient: Provided that this subsection shall not apply to any representa- tion made in connection with an application for the grant of an air service licence or for the purposes of the Board's functions under section three of this Act. Regulations. 5.-(l) Without prejudice to any other power to make regula- tions conferred by this Act, the Minister shall by regulations make provision- (a) for requiring, except in such circumstances, if any, as may be specified in the regulations, publication of notice of the making of any application for the grant, revocation, suspension or variation of an air service licence and for the making of objections or representa- tions with respect to any such application; (b) as to the persons entitled to be heard by the Board at any meeting to consider the grant, revocation, suspen- sion or variation of any such licence; (c) for conferring a right to appeal to the Minister from any decision of the Board with respect to any air service licence or any application for such a licence upon the holder of or applicant for the licence and upon such other persons, if any, as may be specified in the regula- tions, and generally as to such appeals, including in particular provision as to the time by which any such appeal must be made, the other persons, if any, to be be made parties thereto, and the liability of any of the parties in respect of costs or expenses incurred in connection therewith; (d) for the making of representations to the Minister by the Government of the Isle of Man or by the States of Jersey or Guernsey as respects any such decision of the Board as is mentioned in the last foregoing paragraph, and for applying in relation to those representations, with such modifications as the Minister thinks fit, any PAGENO="1329" ME J~\\V~ \\1 TEL \TiI1~ TUE WOELI) 2729 provision relating to appeals contained in this Act or in any regulations made thereunder; (e) for requiring the payment to the Board in connection with air service licences or applications relating thereto of such fees determined in such manner as the regu- lations may with the approval of the Treasury provide. (2) Without prejudice as aforesaid, the Minister may by regu- lations make provision- (a) as to the form and manner in which any application, objection or representation shall be made to the Board; (b) with respect to the furnishing by persons making an application, objection or representation to the Board of information or documents relevant thereto; (c) as to the liability of any of the persons heard by virtue of paragraph (b) of subsection (1) of this section at any meeting of the Board in respect of costs or expenses incurred in connection with that hearing; (d) with respect to the provision by holders of air service licences or air operator's certificates of statistical or other information with respect to their operations to which the licence or certificate relates (e) as to the circumstances, if any, in which an air service licence shall or may be transferred or treated as if granted to a person other than the person to whom it was granted; (f) with respect to the surrender for cancellation or ~aria- tion of air service licences (g) generally as to the procedure of the Board (h) for the setting up of regional advisory committees for the purpose of advising the Board on matters relating to their functions under this Act with particular regard to the circumstances and requirements of particular areas, and for the payment by the Minister of travelling or other expenses reasonably incurred by any person as a member of any such committee. (3) Any power to make regulations conferred by this Act shall include power to make different provision for different circumstances and to make such incidental or supplementary provision as appears to the Minister necessary or expedient for giving effect to the purposes of this Act. (4) Any power to make regulations conferred on the Minister by this Act shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. 39-737 O--65--vol. II--- -S4 PAGENO="1330" 2730 AIR LAWS AND TREATIES OF THE WORLD Enforcement 6.-(1) If an aircraft is used on any flight in contravention of of licensing subsection (2) of section one of this Act, the operator of the provisions, aircraft, and if any other person, whether by negotiating a contract or otherwise howsoever, made available facilities for travel or the consignment of goods on that flight knowing or having reasonable cause to suspect that the flight would be in contravention of the said subsection (2), that other person also, shall be guilty of an offence and be liable- (a) on summary conviction, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding three months, or to both such a fine and such imprisonment; (b) on conviction on indictment, to a fine of such amount as the court may think fit, or to imprisonment for a term not exceeding two years, or to both such a fine and such imprisonment. (2) For the purpose of securing compliance with the require- ments of section one of this Act, the Minister or anyone acting under his authority may require any person who, in the United Kingdom, whether by providing an aircraft or negotiating a con- tract or otherwise howsoever, makes available, or offers, facilities for travel or the consignment of goods upon any journey by air, and any servant or agent of any such person, and any person who is the holder of an aerodrome licence, to provide the Minister with all such information or documents in his possession or control relating to the journey or proposed journey as may be specified in the requirement and any person who wilfully fails to comply with any requirement under this subsection shall be guilty of an offence and be liable on summary conviction to a fine not exceeding one hundred pounds. (3) If the holder of any air service licence or air operator's certificate fails without reasonable cause to comply with any requirement of any regulations with respect to the provision of information made by virtue of paragraph (d) of subsection (2) of section five of this Act, he shall in respect of each such failure be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds. (4) If any person, in furnishing any information under this Act, furnishes any information which to his knowledge is false in any material particular or recklessly furnishes any information which is false in any material particular, he shall be guilty of an offence and be liable- (a) on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a terni not exceeding three months, or to both such a fine and such imprisonment; PAGENO="1331" AIR LAWS AXD TREATIES OF THE WORLD 2731 (b) on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding two years, or to both such a fine and such imprisonment. (5) If any person fails without reasonable cause to comply with any requirement duly made of him under this Act to surrender an air service licence for cancellation or variation, he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding fifty pounds. (6) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly. In this subsection, the expression "director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any indus- try or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate. (7) Any offence under this section shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be. Prohibition of aerial advertising 7.-(l) Save in such circumstances as may be prescribed, no Prohibition aircraft while in the air over any part of the United Kingdom of aenal or the territorial waters thereof shall be used, whether wholly or ~~~smg partly, for emitting or displaying any advertisement or other propaganda. communication in such a way that the advertisement or com- munication is audible or visible from the ground. (2) Any person who uses an aircraft, or knowingly causes or permits an aircraft to be used, in contravention of the foregoing subsection shall be guilty of an offence and be liable on summary conviction- (a) in the case of a first conviction of an offence under this section, to a fine not exceeding one hundred pounds; (b) in any other case, to a fine not exceeding two hundred pounds, or to imprisonment for a term not exceeding three months, or to both such a fine and such imprison- ment; and subsections (6) and (7) of section six of this Act shall apply t~ any offence under this subsection as they apply to any offence under that section. PAGENO="1332" 2732 ~ E ~ i~ ~ri~i~ji;~ OF THE WOELD General Expenses of, 8.-(l The Minister shall provide the Board with such accom- and reports modation and equ;prnent as appears to him to be necessary or by, Board. expedient for the exercise of their functions and shall also provide from among his officers and servants such number of persons to act as officers or servants of the Board as he may from time to time with the approval of the Treasury think fit; and any expenditure incurred by the Board with the approval of the Minister shall be defrayed by the Minister. (2 The Board shall furnish the Minister with such accounts and other information relating to the discharge of their functions as he may from time to time require, and shall, as soon as may be after the end of each ~ear, make a report to the Minister as to the exercise and performance of their functions under this Act in that year, which shall cover any particular matters on which the Minister has requested them to report; and the Minister shall lay a copy of every such report before each House of Parliament. (3) Any expenditure incurred by the Minister in consequence of the provisions of this Act shall be defrayed out of moneys provided by Parliament; and any fees received under this Act by the Board shall be paid by the Board to the Minister, who shall pay them into the Exchequer. Repeal of 9. The following provisions are hereby repealed, that is to certain say- enactments. a) in the Air Corporations Act, 1949, sections twenty-four (except subsection (2) thereof) and twenty-five (which relate to the reservation of certain air services to the British Overseas Airways Corporation, the British European Airways Corporation and their associates), section four (which provides for the appointment of regional committees by the said Corporation) and sub- section (3) of section seven (which relates to one of the provisions repealed by the next following paragraph); (b) in the Civil Aviation Act, 1949, section twelve (which provides for the constitution and functions of the Air Transport Advisory Council) and section thirteen (which empowers Her Majesty to make provision for the licensing of air transport and commercial flying by Order in Council); (c( the entries relating to the said Advisory Council in Part II of the First Schedule to the House of Commons Disqualification Act, 1957, and in the said Part II as substituted by the Third Schedule to that Act. PAGENO="1333" T.\\V~ \\I~ 1TH ~TIf~ T11F~ ~VOi~L~) 2733 10. In this Act, unless the context otherwise requires, the Interpretation. rollowing ~nressions have the following meanings respectively, that is to ~ "aerc~Lrome licence" means a licence granted in respect of an aerodron~' by virtue of section eight of the Civil Avia~;on Act, 1919; "air operators certificate" has the meaning assigned by paragraph a~ of subsection 2) of section or~ of this Act; "air servic~ ~ccce" means a licence under section two of this Act; "air transport service" means the carriage of passengers or of mails or other cargo by air for reward "the Board" means the Air Transport Licensing Board established in pursuance of subsection (1) of section one of this Act; "British protected person ~`, "colony ", "protectorate" and "United Kingdom trust territory" have the same meanings respectively as in the British Nationality Acts, 1948 and 1958; "flight" means a journey by air beginning when the air- craft takes off and ending when the aircraft next alights thereafter; "the Minister " means the Minister ct Aviation "operator ", in relation to an aircraft, means the person for the time being having the business manaoerntut of that aircraft, and cognate expressions shall be construed accordingly; "prescribed" mea~ prescribed by the Minister by reoula- tions under tiu~ ;-~c~ "reward ", in relation to any flight by an aircraft, includes any form of considerati:n received or to be received wholly or partly in respect of or in connection with that flight, irrespective of the person by or to whom the consideration has been or is to be given; tariff ", in relation to any air transport sersice, means the fares or freight rates (including any charges for the carriage of mails) to be charged and any conditions upon which those fares or freight rates depend. 1L-W Her Majesty may by Order in Council direct that Power to any of the provisions of this Act shall extend with such excep- extend tions modifications and adaptations, if any, as may be specified provisions of Act to certain ~n the Order- overseas ~a to ony of the Chanr~1 Islands or to the Isle of Man ; territories. (b) any ~iony, nr*~"ctorate or United Kingdom trust PAGENO="1334" 2734 AIR LAWS AND TREATIES OF THE WORLD (2) An Order in Council made by virtue of paragraph (a) of the foregoing subsection may provide for the payment of sums out of moneys provided by Parliament for any purpose for which sums are required to be so paid in consequence of the exercise of the powers conferred by this section. (3) Any Order in Council made under this section may be varied or revoked by a subsequent Order in Council so made. (4) For the avoidance of doubt, it is hereby declared that, without prejudice to any provision of any Order in Council under this section extending paragraph (b) of section nine of this Act to any of the territories mentioned in subsection (1) of this section, the repeal by the said paragraph (b) of section thirteen of the Civil Aviation Act, 1949, shall not affect the operation of the said section thirteen as extended to any of those terri- tories by an Order in Council made before the commencement of this Act under section sixty-six or sixty-seven of the said Act of 1949. Citation, 12.-(1) This Act may be cited as the Civil Aviation commence- (Licensing) Act, 1960. ment and extent. (2) This Act and the Civil Aviation Act, 1949, may be cited together as the Civil Aviation Acts, 1949 and 1960. (3) This Act shall come into force on such day as the Minister may by orc1er made by statutory instrument appoint, and different days may be appointed for different purposes of this Act. (4) It is hereby declared that this Act extends to Northern Ireland. PAGENO="1335" AIR LAWS AND TREATIES OF THE WORLD 2735 SCHEDULE Tin AIR TRANSPORT LIc~sn4o BoARD 1. The Board shall consist of not less than six nor more than ten members appointed by the Minister, who shall also appoint two of those members to be chairman and deputy chairman respec- tively of the Board. 2. Subject to the provisions of this Schedule, the chairman, the deputy chairman and each of the other members of the Board shall hold and vacate his office in accordance with the terms of the instrument appointing him. 3. The Minister- (a) shall pay to any member of the Board such remuneration (whether by way of salary or fees) and such allowances as the Minister may with the approval of the Trea~iry determine; and (b) in the case of any member of the Board with respect to whom the Minister may with the said approval determine, shall make such provision for the payment of a pension to or in respect of that member as he may so determine; and the Minister shall, as soon as possible after the establishment of the Board, lay before ench House of Parliament a statement of the remuneration and allowances that are or will be payable under this paragraph to the members of the Board; and if any subsequent determination made by him under this paragraph involves any departure from the terms of that statement or if a determination so made provides for the payment of a pension to or in respect of any member of the Board, the Minister shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament. 4. In Part II of the First Schedule to the House of Commpns Dis- qualification Act, 1957 (which specifies certain bodies all members of which are disqualified under that Act) and in the Part substituted for the said Part H by the Third Schedule to that Act in its applica- tion to the Senate and the House of Commons of Northern Ireland, after the entry relating to the Air Transport Advisory Council there shall be inserted the words "The Air Transport Licensing Board ". 5. If the Minister is satisfied that the chairman or deputy chair- man of the Board is temporarily unable to discharge the functions of his office owing to illness or any other cause, he may appoint some other member of the Board to act for the time being in the place of the chairman or deputy chairman, as the case may be. 6. If the Minister is satisfied that a member of the Board- (a) has without the permission of the Board been absent from meetings of the Board for a continuous period exceeding six months; or (b) has become bankrupt or made an arrangement with his creditors ; or PAGENO="1336" 2736 ~ ~ AYD TEJ:~T1E~ t)F THE WORLD (c) has by reason of illness or any other cause become unable or unfit to act as a member of the Board, the Minister may, by giving notice in such manner as he thinks fit, declare that person's office as a member of the Board to have become vacant. 7. No person who for the time being has any interest, whether as a shareholder or otherwise, in the business of an operator of aircraft or of the holder of an aerodrome licence shall act as a member of the Board unless he has declared his interest to the Board and to the Minister; and if the Minister is satisfied that, by reason of that interest or of any failure so to declare such an interest, it is right and proper so to do, the Minister may by giving notice in such manner as he thinks fit declare that person's office as a member. of the Board to have become vacant. 8. The Board may act notwithstanding a vacancy in the member- ship thereof, and no act of the Board shall be invalidated by reason of any irregularity in the appointment of any member thereof or by reason of any person irregularly acting as a member thereof. Table of Statutes referre d to in this Act Short Title Session and Chapter Civil Aviation Act, 1949 12, 13 & 14 Geo. 6. c. 67. Air Corporations Act, 1949 12, 13 & 14 Geo. 6. c. 91. House of Commons Disqualification Act, 1957 5 & 6 EUL 2. c. 20. PAGENO="1337" Civil Aviation (Eurocontrol) Act, 1962 lO&11ELIz.2 CH.8 ARRANGEMENT OF SECTIONS Section 1. The Convention and the Organisation. 2. Status and privileges of Eurocontrol. 3. Provision of funds and facilities for Eurocontrol. 4. Charges for air navigation services. 5. Use of certain records as evidence. 6. Offences. 7. Supplementary provisions. 8. Interpretation and minor amendment. 9. Application to Channel Islands, Isle of Man, etc. 10. Short title, commencement and extent. 2737 PAGENO="1338" PAGENO="1339" AIR LAWs AND TREATIES OF THE WORLD 2739 CHAPTER 8 An Act to make provision in connection with the inter- national convention relating to co-operation for the safety of air navigation, known as the Eurocontrol Convention; to provide for the recovery of charges for services provided for aircraft; to authorize the use of certain records as evidence in proceedings for the recovery of such charges or proceedings under the Air Navigation Order; and for purposes connected with the matters aforesaid. [21st February, 1962] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :- 1.-(1) In this Act "the Convention" means the Inter- The national Convention relating to co-operation for the safety of Convention air navigation (entitled Eurocontrol) concluded at Brussels on ~i~ation the thirteenth day of December, nineteen hundred and sixty (copies of which were laid before Parliament by command of Her Majesty on the thirteenth day of June, nineteen hundred and sixty-one); and "the Organisation" means the European Organisation for the Safety of Air Navigation established by the Convention and therein referred to as Eurocontrol. (2) Except where the context otherwise requires, references in this Act to the Organisation include references to the Permanent Commission for the Safety of Air Navigation and the Air Traffic Services Agency (in this Act referred to as the Agency) comprised in the Organisation. PAGENO="1340" 2740 *~j~ J~\\ .\\D 1RE\TIES 01 T HE WOELD Status and 2.-( 1) The Organisation shall have the legal capacity of a privileges of body corporate ; and anything which may be required or autho- Eurocontrol. rised by law to be done by or to the Organisation may be done by or to the Agency on behalf of the Organisation. (2) The Organisation shall be entitled to the exemptions and reliefs described in paragraphs 3 to 5 of the Schedule to the Inter- national Organisations (Immunities and Privileges) Act, 1950 (rates and taxes, import duties and import and export restrictions). (3) Any rule of law relating to the inviolability of the official archives and premises of an envoy of a foreign sovereign Power accredited to Her Majesty shall extend to the official archives of the Organisation, and to premises occupied by the Organisation wholly or mainly for the housing of its installations; and with- out prejudice to the foregoing provisions, no judgment or order of any court shall be enforced by the levying of execution or by diligence upon anything forming part of any such installations Provided that this subsection (except so far as it relates to execution or diligence) shall not preclude access to any pre- mises, or the inspection of any record or document,- (a) by a constable or other person acting in the execution of a warrant or other legal process; (b) by a Court of Inquiry or an Inspector of Accidents acting in pursuance of regulations made under section ten of the Civil Aviation Act, 1949 (investigation of accidents) ; or (c by a constable having reason to believe that an offence has been or is being or is about to be committed on the premises. (4 In this section "installations" means apparatus for locat- ing, directing, affording navigational aid to, or otherwise com- municating with aircraft in flight, including apparatus for recording or processing material received or transmitted by such apparatus, and any other apparatus for use in connection with any such apparatus as aforesaid. Provision of 3.-( U The Minister may from time to time pay to the fur~ds and Oreanisation such sums on account of its expenses as he may with the consent of the Treasury determine, being sums for the payment of which Her Majesty's Government in the Umt~ Kingdom are liable under the Convention. (7) The Minister or the Secretary of State may provide for the Organisation any land, premises, installations, equipment or services (including the services of personnel), whether within or PAGENO="1341" \lI~ L~\VH \\D TI~1~ \TH:~ MV TUV WMVTD 2741 without the United Kingdom, which may be required for the purposes of or in connection with the functions of the Organisa- tion under the Convention. (3) The following provisions of the Civil Aviation Act, 1949, that is to say- (a) section twenty-four (whic.h enables the Minister to obtain rights over land in order to secure the safe and efficient use for civil aviation purposes of land which is vested in him or which he proposes to acquire) ; and (b) section twenty-six (which enables the Minister to exer- cise control over land in order to secure the safe and efficient use for civil aviation purposes of land, struc- tures, works or apparatus vested in him or which he proposes to acquire or instal), shall apply in relation to land, structures, works and apparatus vested in or occupied by the Organisation, or proposed to be acquired, occupied or installed by the Organisation, as they apply in relation to land, structures, works or apparatus vested in, or proposed to be acquired or installed by, the Minister. (4) Any easements, servitudes or rights created by order under the said section twenty-four as extended by this section may be created in favour of the Organisation. and any reference in the said Act to an order for the creation of easements, servitudes or rigrits in favour of the Minister shall he construed accordingly. (5) Any expenses incurred by the Minister or the Secretary of State by virtue of this section shall be defrayed out of moneys provided by Parliament, and any sums received from the Organi- sation by either of them in consideration of anything done under this section shall be paid into the Exchequer. 4,-(1) The Minister may by statutory instrument make Charges for air regulations for requiring the payment to the Organisation or to navigation the Minister of charges of such amounts as may be prescribed services. by the regulations in respect of navigation services provided for aircraft, being services provided by the Organisation in pursu- ance of the Convention, or provided by the Minister, as the case may be; and any sums received by the Minister under such regulations shall be paid into the Exchequer. (2) The liability for any charges payable by virtue of regula- tions under this section may be imposed upon the operators of aircraft for which those services are available (whether or not they are actually used or could be used with the equipment installed in the aircraft) or upon the managers of aerodrornes used by such aircraft, or partly upon those operators and partly upon those managers. PAGENO="1342" 2742 AIR LAWS AND TREATIES OF THE WORLD (3) The charges to be prescribed by any such regulations as aforesaid shall- (a) in the case of charges payable to the Organisation, be at such rates as the Minister may determine in pursu- ance of tariffs approved under the Convention; (b) in the case of charges payable to the Minister, be at such rates as the Minister may, with the consent of the Treasury, determine; and the regulations may prescribe different charges in respect of aircraft of different classes or descriptions or in respect of aircraft used in different circumstances, and may dispense with charges in such cases as may be prescribed by or determined under the regulations. (4) For the purpose of facilitating the assessment and collec- tion of charges payable by virtue of regulations under this section, the regulations may make provision for requiring operators of aircraft or managers of aerodromes- (a) to make such records of the movements of aircraft, and of such other particulars relating to aircraft, as may be prescribed by the regulations, and to preserve those records for such period as may he so prescribed (b) to produce for inspection, at such times and by such officers of the Organisation or of the Minister as may be so prescribed, any records which are required by the regulations or the Air Navigation Order to be preserved by those operators or managers; (c) to furnish to the Organisation or to the Minister such particulars of any such records as may be so prescribed. (5) Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. Use of certain 5.-(l) In any proceedings to which this section applies, records as any record made by any such authority or person as may be evidence, designated for the purposes of this subsection, or by a person acting under the control of such an authority or person, being a record purporting to show- (a) the position of any aircraft at any material time; or (b) the terms or content of any message or signal transmitted to any aircraft, either alone or in common with other aircraft, or received from any aircraft, by the first- mentioned authority or person, or by a person acting under the control of that authority or person, shall, if produced from the custody of that authority or person, be evidence, and in Scotland sufficient evidence, of the matters appearing from the record. PAGENO="1343" AIR LAWS AND TREATIES OF THE WORLD 2743 (2) This section applies to the following proceedings, that is to say- (a) proceedings for the recovery of any charges payable by virtue of regulations under section four of this Act, or for an offence under this Act committed by failure to make records in accordance with regulations made in pursuance of subsection (4) of that section, or by furnishing false particulars of records so made; (b) proceedings for an offence under the Air Navigation Order being an offence committed by failure or refusal to comply with any rules or directions relating to the navigation of aircraft and the authorities or persons to be designated for the purposes of subsection (1) of this section shall be designateth in relation to such proceedings, by regulations under the said section four or by the Air Navigation Order, as the case may be. (3) The references in subsection (1) of this section to a record made by or under the control of any authority or person include references to a document or article purporting to be a copy of a record so made, and certified to be a true copy by or on behalf of that authority or person ; and in relation to such a copy that subsection shall have effect as if the words "if produced from the custody of that authority or person" were omitted. 6.-(l) Any person who, without reasonable cause, fails to Offences. comply with any requirement of regulations made by virtue of subsection (4) of section four of this Act shall be liable on summary conviction to a fine not exceeding one hundred pounds. (2) Any person who, being in possession of information fur- nished to or obtained by him in pursuance of regulations under the said subsection (4), discloses that information otherwise than- (a) with the consent of the person by whom it was furnished or from whom it was obtained; or (b) for the purposes of the regulations ; or (c) for the purposes of any proceedings arising out of this Act, or of any criminal proceedings whether so arising or not; or (d) for the purposes of any public inquiry or Inspector's investigation held or carried out in pursuance of regu- lations made under section ten of the Civil Aviation Act, 1949 (investigation of accidents); or (e) for the purpose of any report of any such proceedings. inquiry or investigation as aforesaid, PAGENO="1344" 2744 AIF~ L\W-~ ANt) TflEATIES OF THE WORLD shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceed- ing three months or to both. (3) Any person who, in furnishing in pursuance of such regulations any such particulars as are described in paragraph (c) of the said subsection (4), furnishes any particulars which to his knowledge are false in any material particular, or recklessly furnishes any particulars which are false in any material par- ticular, shall be liable- (a) on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both (b) on conviction on indictment, to a fine or to imprison- ment for a term not exceeding two years or to both. (4) Any person who wilfully certifies any document or article to be a true copy of any such record as is mentioned in subsection (1) of section five of this Act knowing it not to be a true copy shall be liable- (a) on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both; (b) on conviction on indictment, to a fine or to imprison- ment for a term not exceeding two years or to both. (5) References in the Forgery Act, 1913, to a document shall be construed as including a reference to any record, not being a document within the meaning of that Act, which is made as des- cribed in subsection (1) of the said section five and which purports to show as regards any aircraft any such information as is mentioned in paragraph (a) or (b) of that subsection. Supplementary 7.-(l) Part VI of the Civil Aviation Act, 1949 (which con- provisions. tains supplementary provisions applicable to certain enactments contained in that Act, including provisions relating to the extra- territorial effect of Orders in Council and regulations, and savings in respect of Crown aircraft) shall have effect as if sections four to six of this Act were included among the enact- ments to which the said Part VI applies. (2) Without prejudice to section fifty-eight of the said Act (under which orders and regulations made under any enactment to which Part VI of that Act applies may provide for the detention of aircraft to secure compliance therewith), regulations under section four of this Act may make provision- (a) in the case of default in the payment of any charge pay- able by an operator under the regulations, for authoris- ing the detention, pending payment, of the aircraft in respect of which the charge was incurred or of any other aircraft of which the person in default is the operator at the time when the detention begins; PAGENO="1345" AII~ LA\V~A AND TREATTF:s oF THE WORLD 2745 (b) in the case of default in complying with any requirement imposed by the regulations on the operators of aircraft with respect to the production for inspection, or the furnishing of particulars, of any records, for authorising the detention, pending compliance, of any aircraft of which the person in default is the operator at the time when the detention begins and such regulations may make such further provision as appears to Her Majesty in Council to be necessary or expedient for securing such detention. (3) A court in any part of the United Kingdom shall have jurisdiction- (a) to hear and determine a claim for charges payable to the Minister by virtue of regulations under section four of this Act, notwithstanding that the person against whom the claim is made is not resident within the jurisdiction of the court (b) to hear and determine a claim against the Organisation for damages in respect of any wrongful act, neglect or default, notwithstanding that that act, neglect or default did not take place within the jurisdiction of the court or that the Organisation is not present within the jurisdiction of the court: Provided that a court shall not have jurisdiction by virtue of paragraph (b) of this subsection in respect of damage or injury sustained wholly within or over a country to which this Act does not extend. 8.-(1) In this Act, unless the context otherwise requires, the Interpretation following expressions have the following meanings respectively, and minor that is to say- amendment. "aerodrome" has the same meaning as in the Civil Aviation Act, 1949; "the Air Navigation Order" means any Order in Council in force under section eight of the Civil Aviation Act, 1949; "manager ", in relation to an aerodrome, means a person who is in charge of, or holds an aerodrome licence (within the meaning of the Civil Aviation (Licensing) Act, 1960) in respect of, the aerodrome "the Minister" means the Minister of Aviation; "navigation services" includes information, directions and other facilities furnished, issued or provided for the purposes of or in connection with the navigation or movement of aircraft; 39-737 O-65-vol. II-85 PAGENO="1346" 2746 AIR LAWS AXD TREATIES OF THE WORLD "operator ", in relation to an aircraft, means the person fo~r the time being having the management of that aircraft; "record" includes, in addition to a record in writing- (a) any disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable (with or without the aid of some other instru- ment) of being reproduced therefrom; (b) any film, tape or other device in which visual images are embodied so as to be capable (as afore- said) of being reproduced therefrom; and (c) any photograph; and any reference to a copy of a record includes, in the case of a record falling within paragraph (a) only of this definition, a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b) only of this definition, a still reproduc- tion of the images embodied therein, and in the case of a record falling within both those paragraphs, such a transcript together with such a still reproduction. (2) Any reference in this Act to any other enactment is a reference thereto as amended by or under any other enactment, including this Act; and any such reference to the Convention includes a reference to any amendment of the Convention which may be agreed upon between the contracting parties thereto. (3) The definition of "operator" contained in this section shall be substituted for the definition of that expression in section ten of the Civil Aviation (Licensing) Act, 1960, and cognate expressions in that Act shall be construed accordingly. 9.-(l) Her Majesty may by Order in Council direct that this Islands Isle of Act shall extend, subject to such exceptions, adaptations and Man, etc. modifications as may be specified in the Order, to- (a) any of the Channel Islands or the Isle of Man; (b) any colony, protectorate or protected state; and any such Order in Council may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient, and may be varied or revoked by a subsequent Order in Council. (2) References in this section to a protectorate and to a pro- tected state shall be construed as if they were references con- tamed in the British Nationality Act, 1948. PAGENO="1347" AIR LAWS AND THEATIE~ OF THE WORLD 2747 1O.-(1) This Act may be cited as the Civil Aviation Short title, (Eurocontrol) Act, 1961. commence- ment and (2) This Act (except this section) shall come into operation on extent. such date as the Minister may by order appoint; and different dates may be appointed by order under this subsection for dif- ferent purposes of this Act. (3) It is hereby declared that this Act extends to Northern Ireland; and for that purpose any reference in this Act to an enactment of the Parliament of the United Kingdom is a reference to that enactment as it applies in Northern Ireland. co~- Table of Statutes referred to in this Act Short Title Session and Chapter Forgery Act, 1913 ... ... .. 3 & 4 Geo. 5. c. 27. British Nationality Act, 1948 ... ... 11 & 12 Geo. 6. c. 56. Civil Aviation Act, 1949 ... ... ... 12, 13 & 14 Geo. 6. c. 67. International Organisations (Immunities Privileges) Act, 1950 Civil Aviation (Licensing) Act, 1960 and ... ... 14 Geo. 6. c. 14. 8 & 9 EIiz. 2. c. 38. PAGENO="1348" Carriage by Air (Supplementary Provisions) Act, 1962 10 & 11 ELIz. 2 CH.43 ARRANGEMENT OF SECTIONS Section 1. Supplementary Convention to have force of law. 2. Interpretation of Supplementary Convention. 3. Application of provisions of Acts of 1961 and 1932. 4. Interim protection for carriers' servants and agents. 5. Application to British possessions, etc., and to carriage by air not governed by Supplementary Convention. 6. Application to Crown. 7. Short title, commencement and saving. ScREDuLE-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. 2748 PAGENO="1349" Al n LA\VS ANT) Tfl FAT n;~ OF TIlE WOELI) 2749 CHAPTER 43 An Act to give effect to 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; and for connected purposes. [19th July, 1962] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :- 1.-(1) The provisions of the Convention, supplementary to Supplementary the Warsaw Convention, for the unificaton of certain rules Convention relating to international carriage by air performed by a person to~.~ave force other than the contracting carrier, as set out in the Schedule to this Act, shall, so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors. consignees, and other persons, and subject to the provisions of this Act, have the force of law in the United Kingdom in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage. (2) If there is any inconsistency between the text in English in Part I of the Schedule to this Act and the text in French in Part II of that Schedule, the text in French shall prevail. 2.-(l) In the Schedule to this Act the Warsaw Convention " Interpretation means- of Supple- mentary (a) before the day on which section one of the Carriage by Convention. Air Act, 1961, comes into force, the Convention set out 9 & 10 Eliz. 2 in the First Schedule to the Carriare by Air Act, 1932, c. 27. and 22&23Geo.5. c. 36. PAGENO="1350" 2750 AIR LAWS AND TREATIES OF THE WORLD (b) on and after that day, the Convention set out in the First Schedule to the said Act of 1961, but, in relation to rights or liabilities arising out of an occurrence before that day, "the Warsaw Convention" shall continue to have the same meaning as before that day. (2) In Articles VII and VIII in the Schedule to this Act "court" includes (in an arbitration allowed by the Conventions referred to in the foregoing subsection or by Article IX, 3 in the Schedule to this Act) an arbitrator. (3) In the application to Scotland of the Schedule to this Act and of the foregoing provisions of this section, for references to an arbitrator and a plaintiff there shall be substituted respectively references to an arbiter and a pursuer. Application 3.-(1) In paragraph (a) of subsection (1) and in subsections ~ ~ (2) and ~(3) of section four of the said Act of 1961 (which explain 1961 and 1932. the limitations on liability in Article 22 in the First Schedule to that Act and enable a court to make appropriate orders and awards to give effect to those limitations) references to the said Article 22 shall include, subject to any necessary modifications, references to Article VI in the Schedule to this Act. (2) In section five of the said Act of 1961 (which limits the time for bringing proceedings against a carrier's servant or agent and to obtain contribution from a carrier) references to a carrier include references to an actual carrier as defined in paragraph (c) of Article I in the Schedule to this Act as well as to a contracting carrier as defined in paragraph (b) of that Article, (3) In section eight of the said Act of 1961 (which relates to actions against States brought in the United Kingdom in accord- ance with Article 28 in the First Schedule to that Act) and in section two of the said Act of 1932 (which contains correspond- ing provisions) the reference to Article 28 shall include a reference to Article VIII in the Schedule to this Act. Interim 4. Article V in the Schedule to this Act, and so much of prot~ti,on for Article VI in that Schedule as limits the aggregate amount which servants and can be recovered from a carrier and his servants and agents, shall, agents. in relation to rights or liabilities arising out of an occurrence before the day on which Article 25A in the First Schedule to the said Act of 1961 (to which those provisions are supplementary) comes into force, apply not only in relation to carriage performed by an actual carrier and to the persons mentioned in those pro- visions but also in relation to any other carriage governed by the Convention set out in the First Schedule to the said Act of 1932 and to any carrier under that Convention and his servants and tagents. PAGENO="1351" AIR LAWS AND TREATIES OF THE WORLD 2751 5.-(1) Section nine of the said Act of 1961 (which enables Application Her Majesty to extend that Act to British possessions and other to British territories) shall (except so far as it relates to United Kingdom possessions, trust territories) apply to this Act as it applies to that Act, and an order under that section may relate to both that Act and this air not Act. governed by Supplementary (2) Section ten of the said Act of 1961 (which enables Her Convention. Majesty to apply the First Schedule and other provisions of that Act to carriage by air which is not governed by the Convention set out in that Schedule) shall apply to the Schedule and other provisions of this Act as it applies to that Act, and an order under that section may relate to both that Act and this Act. (3) Before the day on which section one of the said Act of 1961 comes into force, in subsections (1) and (2) of this section the references to sections nine and ten of the said Act of 1961 shall be read respectively, subject to any necessary modifications, as references to sections three and four of the said Act of 1932 (which contain corresponding provisions). (4) This section shall come into force on the passing of this Act. 6.-(l) This Act shall bind the Crown. Application to Crown. (2) This section shall not have effect before the day on which section one of the said Act of 1961 comes into force. 7.-(l) This Act may be cited as the Carriage by Air (Supple- Short title, mentary Provisions) Act, 1962. commencement and saving. (2) Except as otherwise provided, this Act shall come into force on such day as Her Majesty may by Order in Council certify to be the day on which the Convention in the Schedule to this Act comes into force as regards the United Kingdom. (3) This Act shall not apply so as to affect rights or liabilities arising out of an occurrence before the day mentioned in the last foregoing subsection; and nothing in this section shall prevent any provision of this Act having effect before that day by virtue of an order under subsection (2) of section five of this Act. PAGENO="1352" 2752 AII~ LAWS .\\D TEEATIEH. OF THE WOELD Sectioni. SCHEDULE PART I THE ENGLISH TEXT 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 ARTICLE I In this Convention: (a) [This paragraph is nor reproduced. It defines "Warsaw Convention."] (b) .. contracting carrierS' means a person who as a principal makes an agreement for carriage governed by the Warsaw Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor (c) "actual carrier" means a person, other than the contracting carrier, who, by virtue of authority from the contracting carrier, performs the whole or part of the carriage con- templated in paragraph (b) but who is not with respect to such part a successive carrier within the meaning of the Warsaw Convention. Such authority is presumed in the absence of proof to the contrary. ARTICLE II If an actual carrier performs the whole or part of carriage which. according to the agreement referred to in Article I, paragraph (b), is governed by the Warsaw Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Convention, be subject to the rules of the Warsaw Convention, the former for the whole of the carriage contemplated in the agreement, the latter solely for the carriage which he performs. ARTICLE III 1. The acts and omissions of the actual carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier. 2. The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the limits specified in Article 22 of the Warsaw Convention., Any special agreement under which the contracting carrier assumes obligations not imposed by the Warsaw Convention or any waiver of rights conferred by that Convention or any special declaration of interest in delivery at destination contemplated in Article 22 of the said Convention, shall iot affect the actual carrier unless agreed to by him. PAGENO="1353" AIR LA\V~ AND TRF:\TIF:~ oF TI-I F WOFLD 2753 ARTICLE IV SCH. Any complaint to be made or order to be given under the Warsaw Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Never- theless, orders referred to in Article 12 of the Warsaw Convention shall only be effective if addressed to the contracting carrier. ARTICLE V In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment, be entitled to avail himself of the limits of liability which are applicable under this Convention to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, under the Warsaw Convention, prevents the limits of liability from being invoked. ARTICLE VI In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the con- tracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him. ARTICLE VII In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seised of the case. ARTICLE VIII Any action for damages contemplated in Article VII of this Convention must be brought, at the option of the plaintiff, either before a court in which an action may be brought against the con- tracting carrier, as provided in Article 28 of the Warsaw Con- vention, or before the court having jurisdiction at the place where the actual carrier is ordinarily resident or has his principal place of business. ARTICLE IX 1. Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Convention or to fix a lower limit than that which is applicable according to this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole agreement, which shall remain subject to the provisions of this Convention. PAGENO="1354" 2754 AIR LA\V~ AXD TREATIES OF THE WORLD SCH. 2. In respect of the carriage performed by the actual carrier, the preceding paragraph shall not apply to contractual provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried. 3. Any clause contained in an agreement for carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by alter- ing the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitsation is to take place in one of the jurisidictions referred to in Article VIII. ARTICLE X Except as provided in Article VII, nothing in this Convention shall affect the rights and obligations of the two carriers between themselves. [Articles XI to XVIII and the concluding words of the Convention are not reproduced. They deal with the coming into force of the Convention and provide that in the case of inconsistency the text in French shall prevail.] P~T II THE FRENCH TEXT CONVENTION COMPLEMENTAIRE A LA CONVENTION DE VARSOVIE, POUR L'UNIFICA- TION DE CERTAINES REGLES RELATIVES AU TRANSPORT AERIEN INTERNATIONAL EFFECTUE PAR UNE PERSONNE AUTRE QUE LE TRANSPORTEUR CONTRACTUEL. ARTICLE PREMIER Dans la présente Convention: (a) (b) "transporteur contractuel" signifie une personne partie a un contrat de transport régi par la Convention de Varsovie et conclu avec un passager ou un expéditeur ou avec une personne agissant pour le compte du passager ou de I'expéditeur (c) transporteur de fait" signifie une personne, autre que le transporteur contractuel, qui, en vertu d'une autorisation donnée par le transporteur contractuel, effectue tout ou partie du transport prévu a I'alinéa (b) mais n'est pas, en ce qui concerne cette parti~. un transporteur successif au sens de Ia Convention de VarIDvie. Cette autorisation est présumée, sauf preuve contraire. ARTICLE II Sauf disposition contraire de la présente Convention, si Ufl trans- porteur de fait effectue tout ou partie du transport qui, conformé- ment au contrat visé a l'article premier, alinéa (b), est régi par Ia PAGENO="1355" AIR LAWS A\D TREATJE~ OF THE WORLD 2755 Convention de Varsovie, le transporteur contractuel et Ic trans- SCH. porteur de fait sont soumis aux règles de la Convention de Varsovie, le premier pour la totahtë du transport envisage daii~ le contrat, le second seulement pour le transport qu'il effectue. ARTICLE III 1. Les actes et omissions du transporteur de fait ou de ses prCposés agissant dans l'exercice de leurs fonctions, relatifs au transport effectué par le transporteur de fait, sont rCputés être également ceux du transporteur contractuel. 2. Les actes et omissions du transporteur contractuel ou de ses prdposds agissant dans l'exercice de leurs fonctions, relatifs au transport effectud par le transporteur de fait, sont reputes être également ceux du transporteur de fait. Toutefois, aucun de ces actes ou omissions ne pourra soumettre le transporteur de fait a une responsabilité dépassant les limites prévues it l'article 22 de la Convention de Varsovie. Aucun accord special aux termes duquel le transporteur contractuel assume des obligations que n'impose pas la Convention de Varsovie, aucune renonciation a des droits prévus par ladite Convention ou aucune declaration speciale d'intérêt a Ia livraison, visée a l'article 22 de ladite Convention, n'auront d'effet a l'égard du transporteur de fait, sauf consentement de ce dernier. ARTICLE 1V Les ordres ou protestations a notiüer au transporteur, en applica- tion de la Convention de Varsovie, ont le même effet qu'ils soient adressés au transporteur contractuel ou au transporteur de fait. Toutefois, les ordres visés a l'article 12 de la Convention de Varsovie n'ont d'effet que s'ils sont adressés au transporteur contractuel. ARTICLE V En ce qui concerne Ic transport effectué par Ic transporteur de fait, tout prCposé de ce transporteur ou du transporteur contractuel, s'il prouve qu'il a agi dans l'exercice de ses fonctions, peut se prdvaloir des limites de responsabilitC applicables, en vertu de Ia prdsente Convention, au transporteur dont il est prCposC, sauf s'iI est prouvC qu'iI a agi de telle façon que les limites de responsabilitd ne puissent être invoquées aux termes de Ia Convention de Varsovie. ARTICLE VI En ce qui concerne le transport effectuC par le transporteur de fait, Ic montant total de Ia reparation qui peut être obtenu de ce transporteur, du transporteur contractuel et de leurs préposés quand us ont agi dans l'exercice de leurs fonctions, ne peut pas ddpasser l'indemnité Ia cius élevCe qui peut être mise a charge soit du transporteur contractuel, soit du transporteur de fait, en vertu de Ia prdsente Convention, sous reserve qu'aucune des personnes men- tionnCes dans le present article ne puisse étre tenue pour responsable au delà de Ia limite qui lui est applicable. PAGENO="1356" 2756 .un ~~vs AND TIII:.\TIESA OF THE WORLD SCH. ARTICLE VII Toute action en responsabilité, relative au transport effectuée par le transporteur de fait, peut être intent~e, au choix du demandeur, contre ce transporteur ou le transporteur contractuel ou contre Fun et l'autre, conjointement ou s~parément. Si laction est intentëe contre l'un seulement de ces transporteurs, ledit transporteur aura le droit d'appeler l'autre transporteur en intervention devant le tribunal saisi, les effets de cette intervention ainsi qu~ Ia procedure qui lui est applicable dtant réglés par la loi de ce tribunal. ARTICLE VIII Toute action en responsabilitC, prévue a l'article VII de Ia présente Convention, doit étre portée, au choix du demandeur, soit devant l'un des tribunaux oü une action peut être intentde au transporteur contractuel, conformCmen.t a l'article 28 de la Convention de Varsovie, soit devant le tribunal du domicile du transporteur de fait ou du siege principal de son exploitation. ARTICLE IX 1. Toute clause tendant a exondrer le transporte~ur contractuel ou le transporteur de fait de leur responsabilité en vertu de la pr~sente Convention ou a établir une limite infdrieure a celle qui est fixCe dans Ia prdsente Convention est nulle et de nul effet, mais la nullitC de cette clause n'entraIne pas la nullitd du contrat qui reste soumis aux dispositions de Ia prCsente Convention. 2. En ce qui concerne le transport effectuC par Ic transporteur de le paragra~he précCdent ne s'applique pas aux clauses concernant la perte Oil IC dommage resultant de Ia nature ou du vice nropre des rnarchandises transportCes. Sont nulles toutes clauses du contrat de transport Ct toutes conventions particulières antérieures au dommage par lesquelles l~s `art~as dCrogera~ent aux r~les do Ia presente Convention soit pa~ one determination de la loi applicable, s~i~ par une modification ~Io~ rCgles de competence. Toutefois, dans le transport des marchan- d~ses, les clauses d'arhitrage soot admises. dans lea limites de la aresente Convention, lorsque i'arbitrage doit s'effectuer dans les lieux de competence des tribunaux prévus a l'article VIII. ARTICLE X Sous reserve de l'article VII, aucune disposition de la présente Convention ne peut être interprdtée comme affectant les droits et obligations existant entre les deux transporteurs. PAGENO="1357" Air Corporations Act 1962 11 Euz. 2 CH. 5 ARRANGEMENT OF SECTIONS Section 1. Borrowing powers of air corporations. 2. General limits on borrowing. 3. Exchequer advances to air corporations. 4. Pensions in respect of members of air corporations. 5. Payment to members of compensation for loss of office. 6. Construction, amendments and repeals. 7. Short title and citation. 2757 PAGENO="1358" PAGENO="1359" 1111 LAWS AND TREATIES OF THE WORLD 2759 CHAPTER 5 An Act to make further provision with respect to the borrowing powers of the British Overseas Airways Corporation and the British European Airways Corporation, and with respect to the power of the Minister of Aviation to make advances to those corporations; to make further provision with respect to the payment of pension benefits in the case of employees who become members of those corporations, and to provide in certain cases for compensating members of those corporations for loss of office; and for purposes connected with the matters aforesaid. [20th December, 1962] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- 1.-In the Air Corporations Act 1949 (in this Act referred to Borrowing as the principal Act ") the following section shall be substituted powers of air for section 8 (which relates to the borrowing powers of the corporations. British Overseas Airways Corporation and the British European Airways Corporation) : - "8.-(l) Subject to the limits imposed by section 12 of this Act, each of the permanent corporations, with the consent of the Minister and the approval of the Treasury, or in accordance with the terms of any general authority issued by the Minister with the approval of the Treasury, may borrow temporarily, by way of overdraft or otherwise, such sums as the corporation may require for meeting their obligations or discharging their functions. PAGENO="1360" 2760 Am i~w AND TI~E\TJI~s OF THE WORLD (2) Subject to those limits, each of the permanent cor- porations may borrow from the Minister, or, with the con- sent of the Minister and the approval of the Treasury, may borrow by the issue of stock, such sums as the corporation may require for all or any of the following purposes, that is to say- (a) the provision of working capital; (b) the promotion of other undertakings, the acquisi- tion of other undertakings or of shares or stock in other undertakings, and the making of loans to, and the fulfilment of guarantees given for the benefit of, other undertakings; (c) the redemption of any stock which the corporation are required or entitled to redeem; and (d) any other expenditure properly chargeable to capital account, including the repayment of any money borrowed by the corporation for defraying expenditure properly so chargeable. (3) Subject to those limits, each of the permanent corporations may borrow from the Minister sums required by them for financing any accumulated deficit of the cor- poration on revenue account which has accrued at any time not later than the end of March 1964, but only to the extent to which that deficit- (a) in the case of the British Overseas Airways Corporation, does not exceed one hundred million pounds, and (b) in the case of the British European Airways Corporation. does not exceed ten million pounds, and may borrow from the Minister sums required for repaying any money borrowed by them under this subsection." General limits 2. The following section shall be substituted for section 12 on borrowing. of the principal Act (which imposes limits on borrowing by the air corporations) :- "12.-(1) Subject to the following provisions of this section. the aggregate amount outstanding in respect of the principal of any moneys borrowed by the British Overseas Airways Corporation shall not at any time exceed two hundred and sixty million pounds, or such greater sum, not exceeding three hundred million pounds, as the Minister may from time to time by order specify. (2) Subject to the following provisions of this section, the aggregate amount outstanding in respect of the principal of any moneys borrowed by the British European Airways Corporation shall not at any time exceed one hundred and ten million pounds, or such greater sum, not exceeding one PAGENO="1361" Al I~ LA\V~ AND TI~ FATI I~ OF TH I: WORLD 2761 hundred and twenty-five million pounds, as the Minister may from time to time by order specify. (3) Any order under this section shall be made by statu- tory instrument; and no such order shall be made unless a draft of the order has been approved by a resolution of the Commons House of Parliament. (4) Nothing in this section shall prevent either of the permanent corporations from borrowing in excess of the limit imposed by virtue of the preceding provisions of this section for the purpose of redeeming any stock of the corporation which they are required or entitled to redeem, or of paying off any loan ". 3.-(l) The Minister may with the approval of the Treasury Exchequer advance to either of the permanent corporations any sums advances to air which, within the limits imposed by section 12 of the principal corporations. Act, the corporation have power to borrow under section 8 of that Act. (2) Any advances made by the Minister under this section shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may with the approval of the Treasury from time to time direct. (3) The Treasury may issue out of the Consolidated Fund to the Minister such sums as are necessary to enable him to make advances under subsection (1) of this section. (4) For the purpose of providing sums to be issued under the last preceding subsection, or of providing for the replace- ment of sums so issued, the Treasury may at any time, if they think fit, raise money in any manner in which they are authorised to raise money under the National Loans Act 1939; and any securities created and issued to raise money under this sub- section shall be deemed for all purposes to have been created and issued under that Act. (5) Any sums received by the Minister under subsection (2) of this section shall be paid into the Exchequer, and shall be issued out of the Consolidated Fund at such times as the Treasury may direct, and shall be applied by the Treasury as follows, that is to say- ~a) so much thereof as represents ~"incipal shall be applied in redeeming e~ payu~r off debt of such description as the Treasury think fit, and (b) so much thereof as represents interest shall be applied towards meeting such part c~f the annual charges for the National Debt as represents interest. (6) The Minister shall, in respect of each financial year, prepare, in such form and manner as the Treasury may direct, 39-737 0-65--vol. II-86 PAGENO="1362" 2762 AIR LAWS A~D TREATIES OF THE WORLD an account of sums issued to him under this section and of the sums to be paid into the Exchequer under subsection (5) of this section and of the disposal by him of those sums respectively, and shall send it to the Comptroller and Auditor General not later than the end of November following that financial year; and the Comptroller and Auditor General shall examine, ce~tify and report on the account and lay copies of it, together with his report, before each House of Parliament. (7) Any account prepared under the last preceding sub- section- (a) if it is in respect of the year 1962-1963, shall include any sums issued to the Minister under section 42 of the Finance Act 1956 which relate to advances made to either of the permanent corporations in that year before the passing of this Act, and (b) in any case, shall include any sums received by the Minister under subsection (4) of that section in respect of the financial year to which the account relates; and the Minister shall not be required to prepare an account under that section in respect of the year 1962-1963 or any subsequent year. (8) Tn relation to the making of advances to either of the permanent corporations after the passing of this Act, this section shall have effect in substitution for the provisions of section 42 of the Finance Act 1956 in so far as those pro- visions relate to those corporations; but (except as provided by the last preceding subsection) this section shall have effect with- out prejudice to the operation of any nrovisions of that section in relation to advances made before the passing of this Act. Pensions in 4. Section 2 (1) of the Air Corporations Act 1953 (which respect of makes provision as to the pension rights of employees of the n~em ers air corporations who become members of those corporations) corporations, shall apply to a person who has at any time (whether before or after the passing of this Act) ceased to be an employee of one of the permanent corporations on becoming a member of the other of those corporations. as it applies to a person who becomes a member of the corporation by which he is employed. Payment to 5. Where, after the passing of this Act, a person ceases to be ~~sSa~on a member of either of the permanent corporations otherwise than for loss of on the expiry of his term of office, and it appears to the Minister office. that there are special circumstances which make it right that that person should receive compensation, the Minister may with the approval of the Treasury require the corporation to make to that person a payment of such amount as may be determined by the Minister with the approval of the Treasury. PAGENO="1363" AIR LAWS AND TREATIES OF THE WORLD 2763 6.-(l) Expressions used in this Act to which a meaning is Construction, assigned by the principal Act have the same meanings in this amendments and repeals. Act as in that Act. (2) References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment, including this Act. (3) In section 9 (1) of the principal Act (which relates to the creation and issue of stock by the permanent corporations) and in section 1 (2) of the Air Corporations Act 1956 (which confers additional powers of borrowing on the British Overseas Airways Corporation) for the words "with the consent of the Treasury" there shall be substituted the words "with the consent of the Minister and the approval of the Treasury"; and in the proviso to the said section 1 (2) (which provides for the application to sums borrowed under that subsection of the limit imposed by section 12 (1) of the principal Act as amended by the said Act of 1956) for the words from "as amended" to the end there shall be substituted the words "as for the time being in force ". (4) Section 42 (2) (b) of the Finance Act 1956, and the Air Corporations Act 1960, are hereby repealed; but (without pre- judice to section 3 (7) of this Act) the repeal in the said section 42 shall not affect the operation of any provisions of that section in relation to advances made thereunder before the passing of this Act. 7.-(1) This Act may be cited as the Air Corporations Act Short title 1962. and citation. (2) This Act and the Air Corporations Acts 1949 to 1956 may be cited together as the Air Corporations Acts 1949 to 1962. Table of Statutes referred to in this Aa Short Title Session and Chapter National Loans Act 1939 ... ... ... 2 & 3 Geo. 6. c. 117. Air Corporations Act 1949 Air Corporations Act 1953 Finance Act 1956 ... ... ... ... ... ... ... ... 12, 13 & 14 Geo. 6. c. 91. 2 & 3 Eliz. 2. c. 7. 4 & 5 Eliz. 2. c. 54. Air Corporations Act 1956 Air Corporations Act 1960 ... ... 5 & 6 EIiz. 2. c. 3. 8 & 9 EIiz. 2. c. 13. PAGENO="1364" 2764 AIR LAWS AND TREATIES OF THE WORLD UjI~ ~ 7 & 8 ELIz. 2 Fata7 A cciden t.s~ Act, 195.9 CHAPTER 65* An Act to amend the Fatal Accidents Act, 1846, and the Carriage by Air Act, 1932, by enlarging the class of persons for whose benefit an action may be brought thereunder, and to provide for certain benefits to be left out of account in assessing damages in such an action [29th July, 1959] Be it enacted by the Queen's most Excellent Majesty, b~ and with the advice and consent of the Lords Spiritual nid Temporal. and Commons, in this present Parliament as~emb1ed. and by the authority of the same, as follows :~ 1.-( 1) The persons for wlose benefit. or by whom an action may he brought under the Fatal Accidents Act, 93 1C 1 846. shall include any person who is. or is the issue of, a brother, sister, uncle or aunt of the deceased person. (2) Tn deducing any relationship for the purposes of the said Act and this Act- (ii an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person: and, subject thereto. (1) an relationship by affinity shall he treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and tile stepchild of any person as his child : and (c an illegitimate person shall be treated as the legitimate child of his mother and reputed father. ~ ~S Eliz. 2. (3) J~ this section ~adopted" means adopted in pur- simnce. of an adoption order ma(le under the Adoption Act. l95~, or any previous enactment relating to the adoption of children, or any corresponding enactment of the Parliament of Northern Ireland: and for the purpase of any proceedings under the Fatal Accidents Act, 1846, an adoption authorised by any such order made in Scotland or Northern Treland may be proved by the production of any document receivable as evidence there- of in that country. 25&2~ Geo. 5 (4) Tn section six of the Law Reform (Married WTom~ en and Tortfasors) Act. 1935. there shall be substituted for the words "wife, husband, parent or child" in para- grajdi ( 7) of subsection (1), the word "dependants", and for pa rigraph (~i of subsection 3) the following para- ~raph :- a the expression `dependants' means the per- sons for whose benefit actions may he brought under the Fatal Accidents Acts, 1846 to 1959: and". `Public General Acts and Measures of 1959, 7 & 8 Eliz. II. "Schedules omitted. PAGENO="1365" AIR LAWS AND TREATIES OF THE WORLD 2765 (5) Tn paragraph I of the Second Schedule to the 42&~Geo. Carriage. by Air Act. 1932 (which speci~es the persons for whose benefit act hins in respect of a passenger's death may be brought under that Act the following shall be substituted For the words from "Tn this pa~gtau~" to the end of the paragraph- (2) For the purposes of this paragia~)u the ~:oi- lowing shall be taken to be the memher:~ of the Is- cagers f~imi1y, that is to say, the pas~elnter'~ wife or husband, parents. grandparents. children an.i giand - children and any 1)eI'son who is. or tile ~s~ue at. a brother, sister, uncle or aunt of the passenger. (3) Subsection (2) of sectIon one of the Fct~d Accidents Act. 1959, shall apply in deducing any relationship for the purposes of this paragraph as it applies in deducing any relationship i~)I rhe pm- poses of the Fatal Accidents Acts. 1~-~6 to 19~). nut as if it extended to the whole of the Fnited Kingd OTO and the definition of `adopted' in sulse'tlon ~h) of that section shall apply accordingly. 2.-(1) In assessing damages in respect. of a person's ~ death in any action under the Fatal Accidents Art, 1846, or under the Carriage by Air Act, 1932, there chaP not be of damages. taken into account any insurance money. bc':~efit. penslon or ~iyituitv which ha~ been or WIll or ~nav he p~ncl as a result of the death. (2 1 In this section- "benefit" meai~s l)enefit under the Na ti on si T~ . once Acts, 1946 as amended by a uv ~ bsea ~ent ~-na t- n~ent, whether Passed before or after the commence nient of this Act), or any corresponding enactment at the Parliament of Northern Ireland and any pay- meat by a friendly society or trade union for the relief or maintenace of a member's dependants: "insurance money" includes a return of pren iiums and "pension" includes a return of contributions and any payment of a lump sum in respect of a person's employment. 3.-(1) This Acf may be cited as the Fatal Accidents Short title, Act. 1959: and the Fat~l Accidents Act, I 846, the Fatal ~`~& 28 Vict. Accidents Act, 1864, and this Act may he cited together C. ~5. as the Fatal Accidents Acts, 1846 to 1959. (`2) References in this Act to the Fatal Accidents Act, 1846, are references thereto as amended by and read to- getlier with the Fatal Accidents Act. 1864. (3) The enactments specified in the :~chedu~e to this Act~ are hereby repealed to the extent specified lii the third column of that Schedule. (4) This Act shall apply only to actions brought in respect of deaths occurring after the commencement of this Act. (5) The following provisions of this Act, that ~s to say, suL~ecrion (5) of section one. and so much of see~ion PAGENO="1366" 2766 AIR LAWS AND TREATIES OF THE WORLD two as relates to actions under the Carriage by Air Act, 1932, extend to Scotland and Northern Ireland, so much of section three and the Schedule as relates to the Law Reform (Personal Injuries) Act, 1948, extends to Scot- land, and so much of that section and Schedule as relates to the Law Reform (Miscellaneous Provisions) Act (Northern Ireland), 1948, extends to Northern Ireland; but except as aforesaid this Act does not extend to Scot- land or Northern Irelanil 1960 CH.38 C/cu Avia ~on (L/een~sing) Act, 19.50 CHAPTER 38* ARRANGEMENT OF SECTIONS Licensing of certain flying Section 1. Establishment of licensing authority, and restriction of un- licensed flying. 2. Air service licenses. 3. Revocation, suspension and variation of licenses. 4. Advisory functions of Board. 5. Regulations. 6. Enforcement of licensing provisions. Pro/~ibition of aerial advertising 7. Prohibition of aerial advertising and propaganda. General 8. Expenses of, and reports by, Board. 9. Repeal of certain enactments. 10. Interpretation. 11. Power to extend provisions of Act to certain overseas terri- tories. 12. Citation, commencement and extent. Schedule-The Air Transport Licensing Board.** An Act to prohibit certain flying except under a licence or other authority and to repeal section twenty-four of the Air Corporations Act, 1949; and for purposes con- nected with the matters aforesaid. [2nd June, 1960] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by tile authority of the same, as follows :- Lice'ri~sing of certain flying Establishment 1.-(1) There shall be established in accordance with authorify, the provisions of the Schedule to this Act an Air Trans- ~ poi~t Licensing Board (in this Act referred to as "the flying, Board") with the general duty of exercising their func- tPublic General Acts and Measures of 1960, 8 & 9. Eliz II. Sehedule omitted. PAGENO="1367" AIR LAWS AND TREATIES OF THE WORLD 2767 tions under this Act in such a manner as to further the development of British civil aviation. (2) No aircraft shall be used on any flight for reward or in connection with any trade or business except under and in accordance with the terms- (a) of such certificate, if any, (in this Act re- ferred to as an "air operator~s certificate") as any Order in Council for the time being in force under section eight of the Civil Avat ion Act. 1949, may re- quire the operator of the aircraft to hold for the pur- poses of such flights as that in question, being a cer- tificate of his competence to secure that aircraft op- erated by him on such flights are operated safely; and (b) subject to subsection (3) of this section, of a licence granted to the operator of the aircraft by the Board under section two of this Act (in this Act referred to as an "air service licence"), being a licence authorising the operator to operate aircraft on such flights as that in question. (3) The Minister may by regulations provide that paragraph (b) of the last foregoing subsection shall not apply to flights of such descriptions as may be specified in the regulations, and may by instrument in writing exempt from the requirements of the said paragraph (b) any other particular flight or series of flights. (4) This section shall apply to- (a) any flight in any part of the world by an aircraft registered in the United Kingdom; and (b) any flight beginning or ending in the United Kingdom by an aircraft registered in such other Air service country or territory, if any, as may be prescribed. licences. 2.-( 1) Any application to the Board for the grant of an air service license shall contain such particulars as may be prescribed; and, subject to the provisions of this section and of any relevant regulations under section five of this Act, the Board may at their discretion, after con- suiting with such persons. if any, as may be prescribed, either refuse the application or grant the applicant an air service licence for any air transport service or other purpose specified in the licence (being a service or other purpose proposed in the application with such modifica- tions, if any, as the Board may think fit) for such term and subject to such conditions, if any, of the prescribed descriptions as may be so specified. (2) In exercising their functions under this section the Board shall consider in particular- (a) whether they are satisfied that, having regard in particular to his experience and financial resources and, subject. to subsection (4) of this section. to his ability to provide satisfactory equipment. organisa- tion and staffing arrangements, and having regard also to any contravention in respect of aircraft oper- PAGENO="1368" 2768 AIR LAWS AND TREATIES OF THE WORLD ated by him of the provisions of section one of this Act, the applicant is competent, and a fit and proper person, to operate aircraft for the purposes for which he seeks an air service licence; (b) the provision made or proposed to be made against any liability in respect of loss or damage to persons or property which may be incurred in con- nection with aircraft operated by the applicant; (c) any unfair advantage of the applicant over other operators by reason of the terms and condi- tions of employment, of his servants; (d) the existing or potential need or demand for any air transport service proposed; (e) in the case of any air transport service pro- posed, the adequacy of any similar service author- ised by any air service licence already granted and the tariff, if any, in respect of that similar service: (f) the extent to which any air transport service proposed would he likely to result in wasteful du- plication of. or in material diversion of traffic from, any air transport service which is being, or is about to be. provided under any air service license already granted: (q) any capital or other expenditure reasonably incurred, or any financial commitment or commer- cial agreement reasonably entered into, in connection with the operation of aircraft on air transport serv- ices by any person (including the applicant) who is the holder of any air service license already granted: (h) any objections or representations made in accordance with any relevant regulations under sec- tion five of this Act. (3) The Minister and the Board shall from time to time consult together with regard to relations with other counties or territories affecting the exercise of the Board's functions: and if in the case of any application for an air service license the Minister so directs in writ- ing on the ground that any air transport. service pro- posed in the application would in his opinion involve the negotiation with the government of some other coun- try or territory of rights which it would be inexpedient. for the time being to seek, the Board shall forthwith refuse that application so far as it relates to that service. (4) For the purposes of paragraph (a.) of subsection (~) of this section, the Board shall not consider the mat- ters in respect of which an air operator's certificate is required. that is to say, the competence of the applicant. to secure that aircraft operated by him will he operated safely. (5) Every air service license authorising an air trans- port service shall include a provision with respect to the tariff to be charged in respect of that service, being- (a) in the case. of a service between terminal points one of which is in the United Kingdom and PAGENO="1369" AIR LAWS AND TREATIES OF THE WORLD 2769 the other of which is in the United Kingdom, one of the Channel Islands or the Isle of Man, a provi- sion setting out that. tariff; (b) in any other case, either a provision setting out that tariff or a provision specifying the manner in which that tariff is to be determined; and in a case falling within paragraph (b) of this sub- section the licence shall be of no effect until the said pro- vision has been confirmed by the Minister either without modification or with such modifications as he may think fit after consultation with such holders of air service ii- cences and other persons as he may consider appropriate: Provided that, in such cases or classes of cases as may be prescribed, this subsection shall have effect subject to such exceptions or modifications as may l)e presc1~i1)ed in relation to the case or class of cases in question. (6) The Minister may by order made by statutory in- strument authorise the grant of an air service license to any person specified in the order (being a person who l)1~Ovidedl air transport services before the date of the coming into force of subsection (~) of section one of this Act) in respect of any air transport service so specified for such term and subject to such conditions, if any~ as may be so specified in relation to that service and, with- out prejudice to their powers under section three of this Act, the Board shall grant that licence forthwith without an application being made therefor: Provided that the Minister shall not make ally order under this subsection after the expiration of the period of three months beginning with the said date. (7) Except with the consent of the Minister, which may be granted either generally or in respect of a par- ticular case or class of cases, the Board shall not grant an air service licence to any person who is not either- (a) a citizen of the United Kingdom and Colonies, a citizen of the Federation of Rhodesia and Nvasa- land, a citizen of the State of Singapore or a British protected person; or (5) a body incorporated in the United Kingdom or in any l)a1~t thereof, or in any of the Channel Is- lands, the Isle of Man, the said Federation, or a colony, protectorate or United Kingdom trust ter- ritory, being a body w-hich in the opinion of the Board is sul)stantially controlled by persons each of whom is either a citizen of the United Kingdom and Colonies, a citizen of the said Federation, a citizen of the said State or a British protected person. (~) If, while an air service licence is in force and not later than the prescribed time before the expiry of the term for which it was granted, the holder thereof applies to the Board for the grant of a new air service licence in continuation thereof or in substitution therefor, then, without prejudice to the powers of the Board under PAGENO="1370" 2770 AIR LAWS AND TREATIES OF THE WORLD sect.ion three of this Act, unless the application is with- drawn the first-mentioned licence shall not cease to be in force by reason of the expiry of the said term until the Board have given their determination on the application nor, if the application is refused or if any new licence granted differs in its terms from the first-mentioned li- cence, until- (a) the expiration of the period prescribed under section five of this Act for appealing against, the Board's decision; and (b) if a.n appeal is duly made within that period; the determination or abandonment of the appeal; and (c) in the case of a successful appeal against a re- fusal of the application, the date of the coming into force of the new licence. 3.-(1) Subject to any relevant regulations under see- and variation tion five of this Act, an application for the revocation, of licences. suspension or variation of an air service licence may be made to the Board at any time by any of the persons pre- scribed in pursuance of paragraph (b) of subsection (1) of that sect.ion. (2) Whether or not any application or representation has been made to the Board for the purpose, if in the case of any person who is the. holder of an air service licence the Board are at any time no longer satisfied as men- tioned in paragraph (a) of subsection (2) of sect.ion two of this Act, they shall, as may appear to them appropriate in the c.ircumstanc.es, revoke, suspend or vary that licence. (3) Without prejudice to the last. foregoing subsection, if at. any time the Board are satisfied, whether or not. any application or representation has been made to them for the purpose, that it is right and proper so to do, they may revoke, suspend or vary any air service licence. (4) Subsections (2) to (4) of section two of this Act shall have effect with the necessary modifications in relation to the Boards functions under the two last fore- going subsections as they have effect in relation to their functions under the said section two. (5) If any air service licence is revoked, suspended or varie.d by the Board otherwise tha.n on the application of the holder of the licence, the revocation, suspension or variation shall not take effect. until the expiration of the period prescribed under section five of this Act for the making of an appeal against the Board's decision nor, if an appeal is duly made during that. period, until the deter- mination or abandonment of the appeal. fUnCtIO'~ of 4.-(1) It~ shall be the duty of the Board to consider Board, any representation from any person relating to, or to fa- cilities in connection with, air transport services by means of aircraft registered in the United Kingdom, or with respect to the tariff or other charges in respect of any such service or facilities: PAGENO="1371" AIR LAWS AND TREATIES OF THE WORLD 2771 Provided that the Board shall not be required by this subsection to consider any representation if in their opin- `on- (a) the representation is frivolous or vexatious; or (b) the matters to which the representation relates have already been sufficiently considered by the Board; or (c) the matters to which the representation relates are for the time being regulated by an international agreement to which Her Majesty's Government in the United Kingdom is a party. (2) When the Board have considered any such repre- sentation as aforesaid, they shall report to the Minister upon their conclusions, and shall make such recommenda- tions to the Minister in connection with those conclusions as they think expedient: Provided that~ this subsection shall not apply to any representation made in connect ion with an application for the grant of an air service, licence or for the purposes of the Board's functions under section three of this Act. 5.-(1) Without prejudice to any other power to make Regulations. regulations conferred by this Act, the Minister shall by regiil ation s make provision- (a) for requiring, except in such circumstances, if any, as may be specified in the regulations, publicn- tion of notice of the making of any application for the grant, revocation, suspension or variation of an air service licence and for the making of objections or representations with respect to any such applica- tion: (b) as to the persons entitled to be heard by the Board at any meeting to consider the grant. revoca- tion, suspension or variation of any such licence; (c) for conferring a right to appeal to the Minister from any decision of the Board with respect to any air service licence or any application for such a li- cence upon the holder of or applicant for the licence and upon such other persons, if any, as may be speci- fied in the regulations~ and generally as to such ap- peals, including in particular provision as to the time by which any such appeal must be made, the other persons, if any, to be made parties thereto, and the the liability of any of the parties in respect of costs or expenses incurred in connection therewith (d) for the making of representations to the Min- ister by the Government of the Isle of Man or by the States of Jersey or Guernsey as respects any such decision of the Board as is mentioned in the last foregoing paragrapI~~ and for applying in relation to those representations, with such modifications as the Minister thinks fit, any prov~on relating to ap- peals contained in this Act or in any regulations made thereunder; PAGENO="1372" 2772 AIR LAWS AND TREATIES OF THE WORLD e ) for requiring the payment to the Board in connection with air service licences or applications relating thereto of such fees determined in such man- ner as the. regulations may with the approval of the Treasury provide. ~ ) Without preju(lice as aforesaid, the Minister may by regulations make provision- (a) as to the form and manner in which any ap- p1ication. objection or representation shall be made to the. Board b) with respect to the furnislung by persons iii aking an application, objection or representation to the Board of information or documents relevant thereto: as to the liability of any of the persons heard by virtue of paragraph (h) of subsection (1) of this section at aiiv meeting of the Board in respect of costs or expenses incurred in connection with that hearing: (d) with respect to the provision by holders of air service licences or air operators certificates of sta- tistical or other information with respect to their operations to which the licence or certificate relates: (e) as to the circumstances, if any, in which an air service licence shall or may be transferred or treated as if granted to a person other than the per- son to whom it was granted (f) with respect to the surrender for cancellation or variation of air service lic.ences: (q) generally as to the pi~ocedure of the Board; (h) for the setting up of regional advisory com- mittees for the purpose of advising the Board on matters relating to their functions under this Act with J)articular regard to the circumstances and re- quirements of I)articular areas, and for the payment by the Minister of travelling or other expenses rea- SOflablv incurred by any person as a member of any such committee. (3) Any power to make regulations conferred by this Act shall include powe1~ to make different, provision for different circumstances and to make such incidental or supplement arv provision as appears to the Minister neces- sary or expedient for giving effect to the purposes of this Act. (4) Any power to make regulations conferred on the Minister by this Act shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. E~orce~ent 6.-(1) If an aircraft is used on any flight in con- provisions. vention of subsection (2) of section one of this Act, the operator of the aircraft, and if any other person, whether by negotiating a contract or otherwise howsoever, made PAGENO="1373" AIR LAWS AXD TREATIES OF THE WORLD 2773 available facilities for travel or the consi~inment of ~rOO(ls on that flight knowing or having reasonable cause to suspect that the flight would be in contravention of the said subsection (~) . that. other person also, shall be guilty of an offence and be liable- (a) on summary conviction, to a fine not exceeding five hundred pounds. or to imprisonment for a terni not exceeding three months, or to both such a fine and such imprisonment (b) on conviction on indictment, to a fine of such amount as the court may think fit, or to imprison- ment for a terni not exceeding two years. or to both such a fine and such imprisonment. (~) For the purpose of securing compliance with the requirements of section one of this Act, the Minister ni anyone acting under his authority mar require an pei~- son who, in the 1.Tnited Kingdom. whether hr providing an aircraft or negotiating a contract or otherwise how- soever, makes available, or offers, facilities for travel or the consignment of goods upon any journey liv air, and any servant or agent of any such person. and ~n person who is the. holder of an aerodrome licence, in provide the Minister with all such information or doiuneni his l)ossession or control relating to the journey or pro posed journey as may be specified in the requirement and any person who wilfully fails to comply with aiir requirement under this subsection shall he glliltv of an offence and be liable on summary conviction to a fine lint exceeding one hundred pounds. (3) If the holder of any air service licence or air opel- ator's certificate fails without reasonable cause to com- ply w-ith any requirement of any regulations with respe('f to the provision of information made by virtue of para- graph (d) of subsection (~) of section five of this Act, he shall in respect of each such failure he guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds. (4) If any person, in furnishing any inforniat ion un- der this Act, furnishes any information which to his knowledge is false. in any material pai~icular or reck- lessly furnishes any information which is false. in any material particular, he shall be guilty of an offence and be liable- (a) on summary convict ion, to a fine not exceed- ing one. hundred pounds, or to imprisonment for a term not exceeding three months, or to both such a fine and such imprisonment (b) on conviction on indictment, to a fine itot cx- ceecling five hundred poiiii ds. or to i niprisoiimeiit for a term not exceeding two years. or to both such a fine and such imprisonment. (5) If any person fails witlioiit reasonable cause to comply with any requirement duly made. of him under this Act to surrender an air service licence for cancella- PAGENO="1374" 2774 AIR LAWS AND TREATIES OF THE WORLD tion or variation, he shall be guilty of an offence and be liable on summary conviction to a fine not. exceeding fifty pounds. (6) Where an offence. under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any per- son who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that of- fence and be liable to be proceeded against and punished accordingly. In this subsection, the expression "director", in rela- tion to a body corporate established by or under any en- actment for the purpose of carrying on under national ownership an industry or part. of an industry or under- taking. being a body corporate whose affairs are man- aged by its members, means a member of that body cor- porate. (7) Any offence under this section shall, for the pur- pose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be. Prohi7~tion of aerial advertising ~~la~lon 7.-(1) Save in such circumstances as may be pre- advertising scribed. no aircraft while in the air over any part of the propaganda. United Kingdom or the territorial waters thereof shall be used, whether wholly or partly, for emitting or dis- playing any advertisement, or other communication in such a way that the. advertisement or communication is audible or visible from the ground. (~) Any person who uses an aircraft., or knowingly causes or permits an aircraft to be used, in contraven- tion of the foregoing subsection shall be guilty of an of- fence and be liable on summary conviction- (a) in the case of a first. conviction of an offence tinder this section. to a. fine not exceeding one hun. dred pounds; (b) in any other case, to a fine not exceeding two hundred pounds, or to imprisonment for a term not exceeding three months, or to both such a fine and such imprisonment.; and subsections (6) and (7) of section six of t.his Act shall apply to any offence under this subsection as they apply to any offence under that section. General 8.- ( 1) The Minister shall provide the Board with such by, Board, accommodation and equipment as appears to him to be necessary or expedient for the exercise of their functions PAGENO="1375" AIR LAWS AND TREATIES OF THE WORLD 2775 and shall also provide from among his officers and servants such number of persons to ac.t as officers or servants of the Board as he may from time to time with the approval of the Treasury think fit; and any expendi- ture incurred by the Board with the approval of the Minister shall be defrayed by the Minister. (2) The Board shall furnish the Minister with such accounts and othe.r information relating to the discharge of their functions as he may from time to time require. and shall, as soon as may be after the end of each year, make a report to the Minister as to the exercise and per- forniance of their functions under this Act in that year, which shall cover any particular matters on which the Minister has requested them to report; and the Minister shall lay a copy of every such report before each House of Parliament. (3) Any expenditure incurred by the Minister in con- sequence of the provisions of this Act shall be defrayed out of moneys provided by Parliament; and any fees received under this Act by the Board shall be paid by the Board to the Minister, who shall pay them into the Exchequer. 9. The following provisions are hereby repealed, that is to say- enactments. (a) in the Air Corporations Act, 1949, sections twenty-four (except subsection (2) thereof) and twenty-five (which relate to the reservation of cer- tain air services to the British Overseas Airways Corporation, the British European Airways Corpo- ration and their associates), section four (which provides for the appointment of regional committees by the said Corporation) and subsection (3) of sec- tion seven (which relates to one of the provisions re- pealed by the next following paragraph) (b) in the Civil Aviation Act, 1949, section twelve (which provides for the constitution and functions of the Air Transport Advisory Council) and section thirteen (which empowers Her Majesty to make pro- vision for the licensing of air transport and com- mercial flying by Order in Council) (c) the entries relating to the said Advisory Coun- cil in Part II of the First Schedule to the House of Commons Disqualification Act, 19~7, and in the said Part TI as substituted by the Third Schedule to that Act. 10. In this Act, unless the context otherwise requires~ Interpretation the following expressions have the following mean in g~ respectively, that is to say- "aerodrome licence" means a licence granted in respect of an aerodrome l)y virtue of section eight of the Civil Aviation Act, 1949; "air operator's certificate" has the meaning as- signed by paragraph (a) of subsection (2) of section one of this Act PAGENO="1376" 2776 AIR LAWS AND TREATIES OF THE WORLD "air service licence" means a licence under section two of this Act; "air transport. service" means the carriage of pas- sengers or of mails or other cargo by air for reward; "the Board" means the Air Transport Licensing Board established in pursuance. of subsection (1) of section one of this Act; "British protected person", "colony", "protector- ate" and "United Kingdom trust territory" have the same meanings respectively as in the British Na- tionalitv Acts, 1948 and 1958; "flight" means a journey by air begmrnng when the aircraft takes off and ending when the aircraft next alights thereafter; "the Minister" means the Minister of Aviation; "operator", in relation t.o an aircraft, means the person for the time being having the business man- agement of that aircraft., and cognate expressions shall be construed accordingly; "prescribed" means prescribed by the Minister by regulations under this Act; "reward", in relation to any flight by an aircraft, includes any form of considerat.ion received or to be received whoiiy or partly in respect of or in connec- tion with that flight, irrespective of the person by or to whom the consideration has been or is to be given "tariff", in relation to any air transport service, means the fares or freight rates (including any charges for the carriage of mails) to be charged and any conditions upon which those fares or freight rates depend. ~to 11.-(1) Her Majest.y may by Order in Council direct provisions of that an~- of the provisions of this Act shall extend with ~~r~~rtamn such ex~eptions. modifications and adaptations, if any, as territories. may be specified in the Order- (a.) to any of the Channel Islands or to the Isle of Man: (b) to any colony, protectorate or United King- dom trust territory. (~) An Order in Council made. by virtue of paragraph (a) of the foregoing subsection may provide for the pay- ment of sums out of moneys provided by Parliament for any purpose for which sums are required to be so paid in consequence of the exercise. of the powers conferred by this section. (3) Any Order in Council made under this section may be varied or revoked by a subsequent Orde.r in Council so made. (4) For the avoidance of doubt, it is hereby declared that. without prejudice to any provision of any Order in Council under this section extending paragraph (b) of section nine of this Act to any of the territories men- tioned in subsection (1) of this section, the repeal by the PAGENO="1377" AIR LAWS AND TREATIES OF THE WORLD 2777 said paragraph (b) of section thirteen of the Civil Avia- tion Act, 1949, shall not affect the operation of the said section thirteen as extended to any of those territories by an Order in Council made before the commencement of this Act under section sixty-six or sixty-seven of the said Act of 1949. 12.-(1) This Act may be cited as the Civil Aviation ~ (Licensing) Act, 1960. mont and (2) This Act and the Civil Aviation Act, 1949, may be cited together as the Civil Aviation Acts, 1949 and 1960. (3) This Act shall come into force on such day as the Minister may by order made by statutory instrument ap- point, and different days may be appointed for different purposes of this Act. (4) It is hereby declared that this Act extends to Northern Ireland. 1960 Cn. 13, 14 Air Corporation Act, 1960 CHAPTER 13* An Act to increase the borrowing powers of the British Overseas Airways Corporation and the British Euro- pean Airways Corporation. [22nd Mardi, 196t~j Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :- 1.-(1) The limit imposed by section twelve of the Air Corporations Act, 1949, as amended by subsection (1) of section one of the Air Corporations Act, 1956, on the ~ncrea~e or amount outstanding at any time of money borrowed by i~'~ the British Overseas Airways Corporation or the British ~porations. European Airways Corporation shall be raised- (a) as respects money borrow-ed by the British 5 6 Eliz. 2. Overseas Airways Corporation, from one hundred C. and sixty million pounds to one hundred and eighty million pounds; (b) as respects money borrowed by the British European Airways Corporation, from sixty million pounds to ninety-five million pounds. (2) In subsection (2) of section one of the said Act of 1956 (which confers certain additional borrowing powers on the British Overseas Airways Corporation but pro- vides that nothing in that subsection shall aiithorise that~ corporation to borrow in excess of the limit imposed by subsection (1) of the said section twelve as amended by subsection (1) of the said section one), for the reference to subsection (1) of the said section one there shall be sub- stituted a reference to subsection (1) of this section. *Publjc General Acts and Measures or n~oo, S & 9 Ellz. II. 39-737-65-vol. lI--ST PAGENO="1378" 2778 AIR LAWS AND TREATIES OF THE WORLD S~I~or~ title. 2.-(1) This Act may be cited as the Air Corporations ai~i i~eul. Act, 1960; and this Act and the Air Corporations Acts, 1949 to 1956, may be cited together as the Air Corpora- tions Acts, 1949 to 1960. (2) Subsection (1) of section one of the Air Corpora- tions Act 1956, is hereby repealed. 1960 No. 2137 CIVIL AVIATION THE Civii~ AvIIATION (LIcENsING) REGULATIONS, 1960* Made 21st November, 1960 Laid before Parliament 28th November, 1960 Coming into Operation 1st December, 1960 The Minister of Aviation, in exercise of his powers under subsec- tioii (3) of section 1, subsections (1), (5) and (8) of section 2, and sec- tion 5, of the Civil Aviation (Licensing) Act, 1960,a and of all other iiowers enabling him in that behalf, hereby makes the following Regu- lations, after consultation with the Council on Tribunals in respect of Regulations 4 to 11 and 14 thereof in accordance with section 8 of the Tribunals and Inquiries Act, 1958,b as applied to the Air Transport Licensing Board by the Tribunals and Inquiries (Air Transport Li- censing Board) Order, 1960,c and with the approval of the Treasury of Regulation iT thereof :- Citation and Operation 1. These Regulations shall come into operation on the 1st day of December. 1960. and may be cited as the Civil Aviation (Licensing) Regulat.ioiis. 196U. Interpie ta tion and S~ipp7e men ta ry 2.-(1) The Interpretation Act, 1889 d, shall apply for the interpre- tation of these Regulations as it applies for t.he interpretation of an Act of Parliament. (2) In these Regulations, unless the context otherwise requires- "The Act" means the Civil Aviation (Licensing) Act, 1960; "Charter service" means an air transport service (not being an exempted service) which is provided under a contract of hire giv- ing- (a) a single hirer the exclusive right to use the carrying capacity of the aircraft, or (b) several hirers the right to use together the total carry- ing capacity of the aircraft for the carriage of ships' crews (including masters), their baggage and parts or equipment for ships; "Class A licence" means a licence for an air transport service, other than a charter service, between places named in the licence; "Class B licence" means a licence for a charter service between places named in the licence, not being a group charter service, but ~Jn Statutory Instrument8 1960, Part I, No. 2137, p. 579. a 8 & 9 Eliz. 2, C. 38. b 6 & 7 Ellz. 2, c. 66. SI. 1960/1335. 52 & 53 vlct. c. 63. PAGENO="1379" AIR LAWS AND TREATIES OF THE WORLD 2779 involving more than three flights in each direction between the same two places; "Class C licence" means a licence for a charter service between places named in the licence, involving not more than three flights in each direction between the same two places; "Class ID licence" means a licence for a group charter service between places named in the licence, involving more than three flights in each direction between the same two places; "Class E licence" means a licence for an air transport service which is not restricted to flights between places named in the licence; "Class F licence" means a licence for a flight for any purpose, other than the provision of an air transport service, for which a licence is required by the Act; "Extempted service" means a service provided solely by means of flights exempted by Regulation 3 of these Regulations from the requirement of a licence; "Group charter service" means a charter service (not being an exempted service) in relation to which all the conditions of any one of the categories specified in the First Schedule hereto are complied with; "Hearing" means a hearing at which oral evidence or argument may be heard, and "to hear" shall be construed accordingly; "License" means an air service licence under section 2 of the Act; "Official record", in relation to the Board, means a publication entitled "Civil Aviation Licensing Notices" and published by or on behalf of the Board; "Party", in relation to a case before the Board, has the meaning assigned to it by paragraph (7) of Regulation 10 of these Regula- tions; "Party", in relation to an appeal to the Minister, has the mean- ing assigned to it by paragraph (8) of Regulation 14 of these Regulations; "Proposal" means such a proposal by the Board as is referred to in paragraph (1) of Regulation 6 of these Regulations. (3) For the purposes of these Regulations, a document may be served on any person by sending it by post in a letter addressed to that person at his last or usual place of abode or place of business. (4) In computing any period of time specified in these Regulations by reference to hours the whole of any Saturday, Sunday, Christmas Day, Good Friday or bank holiday shall be disregarded, and for that purpose any day which is a bank holiday under the Bank Holi- days Act, 1871a, in any part of the United Kingdom shall be treated as a bank holiday. Exemption from the requirement of an air service license 3.-(1)Paragraph (b) of subsection (2) of section 1 of the Act (which prohibits the use of aircraft on any flight for reward or in con- nection with any trade or business except under and in accordance with the terms of a licence) shall not apply to any flight- (a) solely for the purpose of carrying passengers in a case where the flight is to begin and end at the same place; 34 & 35 VIct. c. 17. PAGENO="1380" 2780 AIR LAWS AND TREATIES OF THE WORLD (b) solely for one or more of the following purposes, that is to say- (i) the provision of ambulance or rescue facilities, includ- ing medical, ambulance and other attendants; (ii) the carriage of emergency food or medical supplies; (iii) the carriage of any one or more of the following, that isto say, the operator of the aircraft, any bona fide servant of his, and any baggage or other property of the operator or any such servant; (iv) the training or testing of persons in the performance of duties, in connection with aircraft; (iv) the testing or demonstrating of the aircraft of any apparatus, whether or not that apparatus is carried in t.he aircraft, or the testing or demonstrating of any manner of flying or of any arrangements in connection with flying or with the carriage of passengers or cargo by air; (vi) the dropping or projecting of material in the inter- ests of agriculture, horticulture, forestry, or public health, or as a measure against oil-pollution; (vii) the taking of photographs or carrying out of a survey from the air; (c) solely for the carriage of cargo, or passengers with or with- out their baggage, or both cargo and passengers, in consequence of a person's exclusive right to use the carrying capacity of the aircraft on that flight, being- (i) cargo all of which is consigned by that person and none of which is carried in pursuance of an agreement be- tween tha.t person and any other person made otherwise than as a term of a sale of the cargo in question; (ii) passengers none of whom is carried at a separate fare; (d) solely for carrying out the operator's obligations under a charter of the aircraft to any Government Department; (e'~ any flight to or from a place at which the aircraft neither takes up ~ior sets down passengers or cargo, being a flight made in the course of providing an air transport service authorised by a li(~ence (f'~ any positioning flight on which no passengers or cargo are carried, that is to say a flight solely to enable the aircraft to arrive at a place at which- (i) the aireraftistoheused foraflight: or (ii) the aircraft is to be parked or stored; or (iii) the aircraft or any part of the aircraft or its equip- ment is to be modifled~ inspected~ t.ested, overhauled or re- paired, or any part of the aircraft or its equipment is to be replaced; (q) beginning in accordance with the terms of a lb~ence, but ending otherwise than in accordance with such terms by reason of- (i) an emergency occurring after the beginning of the fli~ht: or (ii) compliance with the law of the United Kingdom or any country or territory in which the aircraft then is: or (iii) any other circumstance beyond the control of the op- erator and commander of the aircraft; PAGENO="1381" AIR LAWS AND TREATIES OF THE WORLD 2781 (ii) made in substitution for a flight which could lawfully have been made by an aircraft operated by another operator, but which, for reasons beyond the control of that other operator, was unfit for the flight; and in such a case the operator of the aircraft shall as soon as may be provide the Board with particulars in writing of the flight and of the substitution. (2) For t.he purposes of sub-paragraph (c) (ii) of paragraph (1) of this Regulation- (a) any consideration wholly or partly in respect of or in connection with the carriage of a passenger shall be deemed to be a fare, irrespective of the person by or to whom it has been or is to be given Provided that, consideration for the exclusive right to use the. passenger capacity of an aircraft shall be deemed not to he a fare; and (14 a fare shall be deemed t.o be separate although it is for several journeys, or for a journey by a group of passengers which is less than the entire passenger capacity of the aircraft. Applications for the grant of a licence 4.-(1) Subject to the provisions of paragraph (2) of this Regula- tion, and without. prejudice to the provisions of Regulation 9, every application for the grant of a licence shall include the following particulars: - (a) the name, address and business name (if any) of the appli- cant. and, in the. case of an individual, the country of which lie i~ a citizen; (b) in the case of a body corporate., the country or territory in which it is incorporated and arrangements under which, and the citizenship of the persons by whom, it. is substantially controlled; (c) in the case of a partnership carrying on business in Scot- land, the countries of which the partners are citizens; (d) the number and the types of the aircraft previously op- erated by the applicant and the periods of time and geographical areas of his operations: (e) the applicant's financial resources; (f) the number and types of the aircraft and the equipment which the applicant intends to employ and his existing and pro- posed organisation and staffing arrangements; (g) the provision made or proposed to be made by the appli- cant against any liability in respect of loss or damage to persons or property which may be incurred in connection with aircraft operated by him; (h) the terms and conditions of employment of the applicant's servants, and, if particulars thereof have been furnished to the National Joint Council for Civil Air Transport, an indication to that effect; (i) the class of licence applied for and the period for which it is to be in effect; (j) except in the case of an application for the grant of a Class F licence- (i) a concise indication of the existing or potential need or demand for the proposed service; and PAGENO="1382" 2782 AIR LAWS AND TREATIES OF THE WORLD (ii) if the applicant already holds an air service licence, particulars of any capital expenditure, financial commitment or commercial agreement, being particulars which the appli- cant wishes the Board to take into consideration under para- graph (g) of subsection (2) of section 2 of the Act; and (/~) (i) in the case of a Class A, Class B, Class C or Class D licence, the places of departure and destination of all flights to be made under the licence; (ii) in the case of a licence for a group charter service, particulars showing compliance with each of the conditions of any one of the categories specified in the First Schedule hereto; (iii) in the case of a Class E licence, the geographical area to which flights under the licence are to be limited; (iv) in the case of a Class F licence, a general description of the purpose of the flights; (v) any other limitations to which the licence is to be sub- ject, including limitations as to the capacity, frequency or class of service or the classes or descriptions of passengers or cargo to be carried; (vi) except in the case of a Class C licence for a group charter service, and in the case of a Class D licence, the tariff, if any, proposed or the manner in which it is to be deter- mined, the class of service and the facilities to be provided; (vii) the types of aircraft to be used; (viii) in the case of a Class B, Class C or Class D licence, the name and address of the travel agent, organiser or other person, if any, (whether or not a charterer of the aircraft who is to make available facilities for travel or the consign- ment of goods on the proposed service. (2) If an applicant for the grant of a licence has previously fur- nished to the Board, in connection with another application by him, the particulars referred to in sub-paragraphs (a) to (h) of paragraph (1) of this Regulation, he shall not be obliged to repeat those partic- ulars he shall indicate whether or not those particulars apply un- changed to that application and in what respect, if any, they have changed or do not apply. (3) Every application for the grant of a licence shall be made on a form supplied by the Board and shall be signed by or on behalf of the applicant. It shall be accompanied by the fee payable under these Regulations in respect of the application and by five copies of the am plication. which copies need not be signed: Provided that the Board may, if they think fit, accept less than five copies of the application in any particular case. (4) Subject to the provisions of paragraph (7) of this Regulation, every application for the grant of a Class A, Class B, Class E or Class F licence shall be received at the office of the Board not less than six months before the beginning of the period for which the licence is proposed to be in effect. (5) Subject as afore.said, every application for a Class D licence shall be received at. the office of the Board- (a') if it. is an application in respect of an Area I, II or III Service, not. less than three months before the beginning of the period for which it is proposed to be in effect; PAGENO="1383" AIR LAWS AND TREATIES OF THE WORLD 2783 (b) if it is an application in respect. of an Area IV, V or VI Service, not less than 14 days before the beginning of the said period. (6) Subject as aforesaid, every application for the grant of a Class C licence shall be. received at the. office of the Board not less than 72 hours before the beginning of such period. (7) The Board may, if they think fit, consider an application for a licence notwithstanding that it. has been received at their office other- wise than at the time provided in paragraph (4), (5) or (6) of this Regulation. (8) The Board shall, as soon as may be after the receipt by them of an application for the grant of a licence accompanied by the pre- scribed fee, publish in their official record such particulars of the ap- plication as they think necessary for indicating the substance of the application, a.nd shall make a copy of the application available at their office for inspection by any person at any reasonable time; Provided that- (a) the Board shall not publish particulars of any application for a Class C licence, or for a Class D licence for an Area IV, V or VI Service, unless within forty-eight hours after their receipt of the application they have served the applicant with notice of their intention so to do; and (b) in the case of any licence other than a Class A or a Class E licence the Board may dispense with publication as aforesaid if they are satisfied that for reasons of urgency it is desirable to do so. (9) If in the opinion of the Board an application for a licence relate.s to more than one service, the Board may direct that the applica- tion shall, for t.he purposes of these Regulations, be treated as being such number of separate applications as t.hey may specify in the direc- tion, and the application shall be treated accordingly. (10) In this Regulation references to an Area Service shall be con- strued in accordance with paragraph 1 of the Second Schedule to these Regulations. Applications for the revocation, s~u~pension or variation of licences 5.-(1)Every application for the suspension of a license shall state the period of the proposed suspension, and every application for the variation of a license shall specify the variation proposed. (2) Every application for the revocation, suspension or variation of a licence shall state the reasons advanced in support of the application. (3) Every such application shall be made on a form supplied by the Board, and shall be signed by or on behalf of the applicant. (4) Every such application shall be accompanied by the fee, if any, payable under these Regulations in respect of the application, and by five copies of the application, which copies need not be signed: provided that the Board may accept less than five copies of the appli- cation in any particular case. A signed copy of the application shall be served by the applicant on the holder of the licence within 24 hours after it has been received at the office of the Board unless the applicant is himself the holder of the licence. (5) Paragraphs (4) to (8) of Regulation 4 of these Regulations shall apply in relation to an application for the revocation, suspen- PAGENO="1384" 2784 AIR LAWS AND TREATIES OF THE WORLD sion or variation of a licence as they apply in relation to an applica- tion for the grant of that licence: Provided that in respect of an application- (a) by the holder of a licence for its revocation or suspension; or (b) by an person for a variation which, in the opinion of the Board, is unlikely to prejudice the interests of any persons of the categories specified in paragraph (3) of Regulation 10 of these Regulations, the Board may (i) consider the application notwithstanding that it has been received at their office at a later time than is otherwise required by this paragraph; and (ii) dispense with publication of particulars of the application. Re ?ocation. suspension or variation of licenees without application being made 6.- (1) If the Board propose to revoke, suspend or vary a licence, otherwise than in pursuance of an application made to them in that regard, they shall serve on the holder of the licence not less than twenty-one days notice of their intention to publish particulars of the proposal in their official record, together with their reasons for their proposal. (~) The Board shall consider any representations which may be made to them by the holder of the licence before the expiration of the said notice. (3) TJpon the expiration of the said notice the Board shall publish particulars of the proposal in their official record, unless they have abandoned the proposal. o h,ections and Repre.~en tations 7.-(1) Every objection and representation relating to an applica- tion to the Board, or to a proposal of the Boa.rd to revoke, suspend or vary any licence, shall be made in writing signed by or on behalf of the person making it. and shall be communicated in writing to the Board at their office, together with five copies, which need not be signed. (2) In the case of an application or proposal particulars of which have been published in the Board's official record, t.he objection or rep- resentation shall be. communicated t.o the Board within the period of twenty-one days beginning with the day of publication as aforesaid. The Boa.rd may, if t.hey think fit., consider an objection or representa- tion notwithstanding that it has been coiumunicated to them otherwise than as aforesaid. (3) The objection or representation shall clearly identify the appli- cation or proposal to which it. relates and shall state concisely the grounds on which it. is based, and whether the person making it wishes to be heard at a meeting of the Board. (4) The person making the object.ion or representation shall within 24 hours after it has been communicated to the Board serve a copy of it on- (a) the applicant; (b) any other person who is the holder of the licence to which it relates; and PAGENO="1385" AIR LAWS AND TREATIES OF THE WORLD 2785 (c) any body which the Board are obliged by paragraph (1) of Regulation 8 of these Regulations to consult in respect of the ap- plication or proposal. (5) Upon being served as aforesaid, the applicant shall, if so re- quired in writing by the person making the objection or representation. serve him with a copy of the application. Consultation by the Board 8.-(1) The Board shall not grant, revoke, suspend or vary any Class A or Class B licence for an air transport service to, from or within Scotland, WTales, Northern Ireland, any of the Channel Islands, or the Isle of Man except after consulting with the regional advisory committee for Scotland, Wales or Northern Ireland (provided for in Regulation 20 of these Regulations) , the Channel Islands Air Advisory Council, or the Isle of Man Airports Board, whichever shall be ap- propriate in the circumstances: Provided that consultation as aforesaid shall not be required in re- spect of any application for the variation of a licence, being an applica- tion of which the Board have not published particulars in their official record. (2) If the Board have published particulars of an application for a licence in their official record, they shall not grant that licence ex- cept after consulting with the National Joint Council for Civil Air Transport with regard to the terms and conditions of employment of the applicant's servants. Fvrni~hing of information to the Board by perso~ns making appliea- tions, objections o'r representations 9.-The Board may require any person who has made an application, objection or representation to them under these Regulations to provide the Board with all such information or documents in his possession or control relevant to the application, objection or representation as may he specified in the requirement; and, whenever in t.heir opinion, after consulting the said person, it is necessary and proper to do so, having regard in particular to the question whether the information is of a confidential nature2 the Board may furnish particulars of any such information or copies of any such documents to any person who has a right to be heard by the Board in connection with the case to which the information or documents relate. Hearings and decisions by the Board in connection with licences 1O.-(1) Any applicant for the grant of a licence shall have a right to be heard by the Board at a meeting to consider his application unless the Board are obliged by subsection (3) of section 2 of the Act to refuse the application. (2) Any holder of a license shall have a right t.o be heard by the Board at a meeting of the Board to consider the revocation, suspension or variation of his licence. (3) A person who has made an objection to or representation in respect of an application to or proposal of the Board in accordance with Regulation 7 of these Regulations, and who has indicated in the ob- jection or representation that he wishes to be heard by the Board, shall, unless in the case of an application to the Board, they are obliged by subsection (3) of section 2 of the Act to refuse it, have a right to be PAGENO="1386" 2786 AIR LAWS AND TREATIES OF THE WORLD heard by the Board at a meeting to consider the application or pro- posal, if lie belongs to one or more of the following categories- (a) the holder of any air service licence; (b) an applicant for any air service licence whose application has not vet been determined by the Board, or having been so determined, is or may be the subject of an appeal to the Minister; (c) the holder of an aerodrorne licence; (d) a person whose business includes the carriage of passengers, mails or other cargo for reward otherwise than by air and whose principal place of business is in the. IThited Kingdom, any of the Channel Islands. or the Is]e of Man () a. Government. Department or Minister of the Crown, in- chiding a Department or ~\Iinister of the. Government. of North- ern Ireland. but. not including the Minister of Aviation. (4) Subject to the provisions of subsection (3) of section 2 of the Act, the Board shall not be required to determine any application without. hearing the applicant, but., subject to paragraphs (1), (2) and (3) of this Regulation, they may dispense with a hearing when- ever they think fit.. (5) A hearing shall not. be held by the Board at any meeting to consider an application to or proposal of the Board unless they have served on all persons having a right, to be heard at. tha.t meeting not less than fourtee.n days notice in writing of the date, time and place of the hearing, and the notice shall clearly identify the application or proposal to which it relates. A simila.r notic.e shall be published by the Board in their official record not less than seven days before the day of the hearing, and shall be exhibited in a public place for a like period. (6) In addition to persons having a right to be heard, the Board may, if they think fit, hear any ot.her person. (7) Every person who belongs to one or more of the categories set forth in paragraph (3) of this Regulation and has a right to be heard by the Board in connection with any ca.se shall, for the purposes of t.hese Regulations, be deemed to be a party to that case. (8) The Board may, if they think fit, and subject to the provisions of this Regulation, hear two or more cases together, but a party to one case shall not on that account be deemed to be a party t.o any other case. (9) At a hearing by the Board every party to a case may appear in person or be represented by any other person whom he may have all- thorised to represent him, and may produce. oral or written evidence, a.nd examine any other party to that case and any witnesses by him. (10) The Board shall give reasons for their decision- (a) if any objections to the application have been considered by the Board; (b) if the Board have held a. hearing in connection with the ap- plication; or (c) if the Board have refused the application, or have granted the application with a modification determined by the Board: Provided that the Board shall not be required to disclose any in- formation which they have received from the Minister in the course of consultation with him in accordance with subsection (3) of section 2 of the Act. PAGENO="1387" AIR LAWS AND TREATIES OF THE WORLD 2787 (11) The Board shall serve a copy of their decision on every party to the case as soon as may be and shall cause particulars of their de- cision to be published in their official record. (12) The Board shall furnish a copy of the reasons for their de- cision to any person who so demands. (13) If the Board are obliged by subsection (3) of section 2 of the Act to refuse an application, an indication to that effect shall be suf- ficient reason for their refusal. (14) If the application in question contains the name and address of such persons as are referred to in sub-paragraph (k) (viii) of para- graph (1) Regulation 4 of these Regulations. the Board shall serve all such persons, being persons resident or having a place of business in the United Kingdom, any of the Channel Islands or the Isle of Man, with notice of their decision, clearly identifying the application to which it relates. (15) All the proceedings at a hearing of the Board in connection with a licence or proposal shall be recorded by a shorthand writer, or, if the Board think fit, by some other means, and if any party to the case before the Board shall so require within t.he time allowed under these Regulations for appealing from the decision of the Board, or if an appeal is lodged in accordance with these Regulations, the Board shall cause. a transcript of the record to be made available for purchase by any person at a reasonable price: Provided that a. transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by any party to the case. Further prov~.sion~s a~ to procedure 11.-(1) The quorum of the Board shall, unless the Board shall otherwise decide in relation to a particular case or class of cases, be three members. (2) Every hearing by the Board shall be held in public unless the Board shall otherwise decide in relation to the whole or part of a par- ticular case. (3) Subject to the provisions of the Act, the failure of the Board or of any person t~o give any notice or publish any particulars in the time or manner provided for in these Regulations or any other proce- dural irregularity shall not invalidate the action taken by the Board, but may be a ground of appeal to the Minister; and the Board may, and shall if they consider that any person may have been prejudiced, take such steps as they think fit before reaching their decision to cure the irregularity, whether by the giving of any notice or the taking of any step or otherwise. (4) For the exercise of their advisory functions under section 4 of the Act the Board may hear such persons as they think fit, and in that eveiit they shall cause reasonable notice of the intended date, time, and place of the hearing to be published in their official record and to be served on such persons, if any, as they consider to be concerned with the subject on which they are to advise. Co~dition$ of licenee9 12.-In granting or varying a licence the Board may impose condi- tions of any of the following descriptions (a) as to any of the matters referred to in sub-paragraphs (a) to (g) of paragraph (1) of Regulation 4 of these Regulations; PAGENO="1388" 2iS8 AIR LAWS AND TREATIES OF THE WORLD (b) as to the places of departure and destination of any flight under the licence, or the geographical area of such flights, or the purpose thereof; (c) as to the periods, seasons or times during or at which an air transport service may be provided under the licence, and the frequency or class of that service: (d) as to the places at which or areas in which passengers or cargo may or must be taken up or set down on flights under the licence; (e) as to the numbers of passengers and the weight or quantity of cargo that may be carried on any flight under the licence; (f) as to the classes or descriptions of passengers or cargo that may be so carried, including in particular the nationality, place of residence and ultimate destination of the passengers, and the nationality or place of business of the consignor or consignee of the cargo; (g) as to the incidence of expenses incurred by or in respect of passengers carried under the licence; (It) as to the provision, preservation and production of certifi- cates relating to the matters referred to in sub-paragraphs (f) and (g); (i) as to the travel agents or other persons who may make available or offer facilities for carriage by air under the licence, the facilities they must provide, and the consideration they may receive from the passengers or from the holder of the licence; (j) as to the arrangements to be made in respect of the service between the holder of the licence and- (i) any other person holding a licence; (ii) persons providing transport services otherwise than by air; (Ar) as to connections between the transport services to be provided under the licence, and transport services whether or not provided by air; (7) as to the facilities and amenities to be provided by the holder of the licence in connection with the air transport service to which th~ licence relates: (rn) as to the advertising or publicity or booking arrangements relating to the said service; (n) as to the production of the licence to any person reasonably requiring to examine it: (o) as to the validity of the licence if the fees prescribed by Regulation 17 of these Regulations and the Second Schedule thereto are not paid in accordance with the prescribed provisions. Pror isions a~ to tariffs 13.-The following exceptions and modifications are hereby pre- scribed for the purposes of subsection (5) of section 2 of the Act:- (a) in the case of a Class A or Class B licence the Board may, if they think fit and with the consent of the Minister (which may be given generally or in respect of a particular case or class of cases) dispense wholly or in part with a provision as to the tariff to be charged; PAGENO="1389" AIR LAWS AND TREATIES OF THE WORLD 2789 (b) in the case of a Class C, Class D or Class E licence the Board may, if they think fit, dispense wholly or m part with a provision as to the tariff to be charged; (c) in the case of a licence of any class the Board shall dis- pense with a provision as to the tariff to be charged in respect of the carriage of postal packets on behalf of the Postmaster-General within, from or to the British postal area or any British postal agency, or in respect of the. carriage of postal packets otherwise than as aforesaid where charges are payable theref or to the Post- master-General (whether as principal or agent) ; and for the purpose of this sub-paragraph the expressions "British postal agency", "British postal area" and "postal packet" shall have the same respective meanings as are assigned to them by subsection (1) of section 87 of the Post Office. Act, 1953.a Appeals to the if in~ster 14.-(1) The holder of or applicant for the licence and any other party to the case before the Board shall have a right to appeal to the Minister in accordance with the provisions of this Regulation from any decision of the Board with respect to a.ny licence or any applica- tion for a license. (2) An appeal to the Minister against a decision of the Board shall be made by written notice clearly iclentifyin~ the case to which it relates and stating concisely the grounds on which the appeal is based. (~) The notice shall be signed by or on behalf of the appellant and shall be received by the Minister within the period of twenty-one days beginning with the. day of the publication of the decision of the Board in their official record. (4) A copy of the notice of appeal shall be served by the appellant on the Board and on each of the parties to the case before the Board; and for this purpose any person having the right to appeal against a decision of the Board may require them to furnish him with the names and addresses of the other parties to the case before the Board. (5) The Minister shah serve on the appellant, and on each of the parties as aforesa.id not less than twenty-one days notice of the date, time and place of the hearing of the. appeal, and shall ca.use not less than seven days notice thereof to be published in the official record of the Board. (6) The Minister shall appoint a Commissioner to hear each appeal, arid the Commissioner shall hold the hearing in public unless he shall otherwise decide in relation to the whole or part of the case. (7) The appellant and any person who was a. party to the case be- fore the Board, or who was heard by the Board in connection with that case, shall have a right, to be heard by the Commissioner: Provided that a party to a case who did not exercise his right, to be heard by the Board shall not. have a right to he heard by the Com- missioner unless he has served on the Minister, the Board and all the other parties to the hearing at least ten days notice of his wish to be heard by the Commissioner, stating concisely his reasons for wishing to be heard, and has obtained the Minister's consent. to his being heard. 1 & 2 EIiz. 2. c. 36. PAGENO="1390" 2790 AIR LAWS AND TREATIES OF THE WORLD (8) Any person heard by the Commissioner in connection with an appeal shall be deemed for the purposes of these regulations to be a party to that appeal. (9) The Commissioner may if he thinks fit to hear two or more appeals together, but a party to one appeal shall not on that account be deemed to be a party to any other appeal. (10) Any party to the appeal may appear in person or be repre- sented by any other person whom he may have authorised to repre- sent him. (11) Any party to the appeal may produce to the Commissioner evidence additional to that before the Board, if he has served the Board and the other parties to the hearing before the Board with at least ten days notice of his intention to do so, setting forth the sub- stance of the new evidence; and any witness giving new evidence before the Commissioner may be examined as to that new evidence by the other parties to the appeal. (12) The Commissioner may, if he thinks fit, invite the Board to amplify or explain the reasons for their decision of the case. Any amplification or exphination of their reasons which the Board may furnish shall be in writing, and a copy of it shall be served by the Board on all the parties to the appeal. (13) The Board shall furnish the Commissioner with a transcript of the record of any relevant hearing by them. (14) The Commissioner shall send to the Minister a report con- taining a summary of the proceedings at the hearing, his recommenda- tion to the Mini~ter as to the disposal of the appeal and as to the liability of the parties thereto in respect of the costs or expenses thereof, together with the reasons for his recommendations. (13) The Minister shall consider the summary and recommenda- tions of the Commissioner and shall make such order as he thinks fit as to the application or proposal which is the subject of the appeal, and in particular may order the Board to hear or rehear the whole or part. of the case. If the Minister does not accept the recommendations of the Commissioner, in whole or in part, he shall give his reasons for not so doing. (16) (a) In determining an appeal other than an appeal which has been heard by a Commissioner in Scotland the Minister may, if he thinks fit, order any of the parties to the appeal to pay to any other party thereto either a specified sum in respect of the costs incurred by him in connection with the appeal, or the taxed amount of those costs. (74 Any costs required by an order under the foregoing sub- paragraph to be taxed may be taxed in the county court on such scale as may be directed by the order. (e) Any sum payable by virtue of an order under sub-para~. graph (a) of this paragraph shall, if the county court so orders, be recoverable by execution issued from the county court or other- wise as if payable under an order of that. court; and, subject to county court rules, an application for an order of the. county court under this paragraph may be made ex parte. (d) The powers of the county court. under the foregoing pro- visions of this paragraph may b@ exereis&l by tho R~gi~t.Nr. PAGENO="1391" AIR LAWS AND TREATIES OF THE WORLD 2791 (e) In relation to an appeal which has been heard by a Com- missioner in Scotland the Minister shall have the like power to award expenses as if he were an arbiter under a submission and the parties to the appeal were parties to the submission, and any award of expenses by the Minister under this sub-paragraph may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly. (17) The Minister shall communicate his order (including his or- der as to costs, if any) and the reasons for it., if given, in writing to the Board together with a copy of the Commissioner's report. The Board shall- (a) take such action as the Minister may have ordered them to ta.ke in respect of the licence or application therefor; (b) serve a copy of the Minister's order on any such person as is referred to in sub-paragraph (/~) (viii) of paragraph (1) of Regulation 4 of these Regulations, being a person resident or hav- ing a place of business in the Fnited Kingdom, any of the Chan- nel Islands or the Isle of Man; and (a) cause the substance of the Minister's order to be published in their official record. (18) The Minister shall serve on each of the. parties to the appeal a copy of the Commissioner's report and of the Minister's order, and the reasons for it. if given, and shall cause copies of those documents to be available, for purchase by any person at a reasonable price. Contin itat ion of exp~rei 7~ce'n.ces 15.-The, periods respectively set. forth in the following table. are hereby prescribed for the i)urposes of subsection (8) of section 2 of the Act (which provides that in the circumstances therein set forth a li- cence shall not cease to be in force by reason of the expiry of the term for which it was granted) :- Term of licence Period Prescribed Not more than 6 months half the term of the licence. More than 6 months but not more than 12 months 4 months. More than 12 months 6 months. Trci'~sfer of iice'nces 16.-(1) Subject to the provisions of this Regulation- (a) If the sole holder of a licence (being an individual) shall die, the. licence shall be treated from the time of his death as if it had then been granted to his legal personal representative (b) If in connection with the. reconstruction of any body cor- porate or bodies corporate or the amalgamation of any bodies corporate the whole of the business of the holder of a licence (be- ing a body corporate) or such part thereof as includes the provi- sion of the air transport services or of flights for other purposes authorized by the licence, is transferred or sold to another body corporate, the licence shall be treated, from the date of the trans- fer or sale of the whole or the relevant part of the business, as if it had been granted to that other hotly corporate. (2) The person required by paragraph (1) of this Regulation to be treated as the holder of the license may apply to the Board- (a) If he is the legal personal representative of an individual licence holder who has died, for the transfer of the licence to any PAGENO="1392" 2792 AIR LAWS AND TREATIES OF THE WORLD person entitled to a beneficial interest in the deceased's estate (in- cluding himself in his personal capacity if he is in that capacity entitled to such an interest) , and (b) in any other case, for the substitution of his own name in the licence for the name of the person by whom the licence was held. (3) The application shall state the grounds on which it is based and shall be received at the office of the Board within the period of twenty- eight days beginning with the day on which the applicant first became entitled to make it; and if no application as aforesaid is made within that period, the licence shall cease at the expiration of that period to be treated as if granted to a person other than the person to whom it was granted. (4) The application shall, for the purposes of these Regulations, be treated as if it were an application for the variation of the licence. (5) The Board shall not, without the consent of the Minister, grant an aJ)plication for the transfer of a licence to, or the substitution of the raune of, any person who is not such a person as is described in subsec- tion (7) of section 2 of the Act. (6) For the purposes of this Regulation "legal personal representa- tive" has the same meaning as is assigned to it by section 742 of the Merchant Shipping Act. 1894 a~ 17.-The provisions of the Second Schedule to these Regulations shall apply in respect of the fees payable to the Board in connection with air service licences and applications relating thereto. Provision of information by holders of air service licences or of air operator's certificates 1S.-The Minister or the Board may require any person who is the holder of a licence or of an air operator's certificate to provide the Minister and the Board, or either of them, with such statistical, finan- cial and other information as may be specified in the requirement with respect to that persons operations to which the licence or certificate relates; and any person on whom a requirement as aforesaid is served shall comply with it within the period specified in the requirement, if and to the extent that lie has the required information in his possession or control. irrn~Jer of licences 19.-If revocation or variation of a licence has taken effect, the Board may require any person who has the licence in his possession or control to surrender it to them for cancellation or variation, as the case may be. Regional Ad'vi~ory (Yomimittees 20.-( 1) There shall be set up regional advisory committees for Scotland, Wales and Northern Ireland for the purpose of advising the Board on matters relating to their functions under the Act, with par- ticular regard to the circumstances and requirements of Scotland, Wales and Northern Ireland respectively. a 57 & 58 vict. C. 60. PAGENO="1393" AIR LAWS AND TREATIES OF THE WORLD 2793 (2) Each such committee shall consist of not less than ten and not more than sixteen persons. (3) The Minister shall, after cousulting respectively with the Sec- retary of State for Scotland, the Minister for WTelsh Affairs and the Minister of Commerce of Northern ireland, appoint the members of the regional advisory committees for Scotland, `Wales and Northern Ireland, together with a chairman for each Committee from among its members. (4) A member of a regional advisory committee shall hold and vacate office as such in accordance with the terms of the instrument appointing him to be a member. (5) The Minister shall provide each of the regional advisory com- mittees with such accommodation, equipment and assistance as appears to him to be necessary or expedient for the exercise of their functions. (6) The Minister shall pay any travelling or other expenses which in his opinion are reasonably incurred by any person as a member of any of the aforesaid regional advisory committees. Dated this 21st day of November, 196(1. FIRST SCHEDULE CONDITIONS OF GROUP ChARTER SERVICES Category A-( Groups supported by voluntary eoiitributions) (i) The operator's reward for providing the service shall be raised entirely by voluntary contributions; (ii) There shall be no mininium contribution; (iii) The contributors shall include lersons not to be carried on the service; (iv) It shall not be a condition of being carried on the service that the passen- ger shall have made a contribution or given any other consideration; and (v) Every passenger carried on the service shall be selected by the hirer of the aircraft for some reason additional to his request that he be carried. Category B-( Spontaneous groups) (i) All the passengers to be carried shall have made an arrangement with each other to share the cost of providing the operator's reward for the service; (ii) The arrangement shall not have been the consequence of any advertise- ment or other communication made by or on behalf of the operator of the air- craft, the hirer of the aircraft, or the agent of either of them, being an adver- tisement or communication which could reasonably be construed as calculated or likely to invite or induce persons to travel under the arrangement; (iii) The aggregate of the amounts paid by or on behalf of the passengers in respect of the service shall not exceed the amount of the operator's reward therefor. Category C-(Affinity groups) (i) Every passenger to be carried shall be a member of a single organised group which pursues a principal objective other than travel, and shall have been a member of that group for the period of six months preceding the flight, or shall be the spouse or dependent child of a person so qualified, or a parent of such a person living in the same household as that person; (ii) The objective other than travel pursued by the group shall be sufficient to distinguish it from the general public; (iii) The membership of the group shall not exceed twenty thousand persons; and (iv) Advertisements and other communications, whether oral or written, for the purposes of inviting or inducing persons to engage on the journey shall be communicated only to members of the group, and only by members or officials of the group. 39-731----65-vol. II--SS PAGENO="1394" 2794 AIR LAWS AND TREATIES OF THE WORLD SECOND SCHEDULE FEES 1. The Table referred to in this Schedule is as follows 1 Description of Licence 2 Application Fee 3 Fee for grant, variation, suspension or revocation 4 Annual Fee Class A Licence for- Area I Service ArealiService Area III Service Area IV Service AreaVService Area VI Service Class C Licence if an application in respect thereof is not published by the Board Any other Licence:- (a) for a restricted number of journeys (5) for an unrestricted number of journeys £ s. d. £ s. d. 25 0 0 25 0 0 50 0 0 50 0 0 100 0 0 200 0 0 200 0 0 400 0 0 1000 0 200 00 200 0 0 400 0 0 2 0 0 Nil 25 0 0 Nil 25 0 0 50 0 0 £ s. d. 40 0 0 80 0 0 160 0 0 400 0 0 160 0 0 400 0 0 Nil 10 0 0 60 0 0 Standard Fees 2. Subject to the provisions of this Schedule, fees shall be payable to the Board as follows :- (a) upon making an application for the grant of a licence the applicant shall pay the fee specified in the second column of the Table opposite the description of the licence applied for; (h) for the grant of a licence, the applicant shall pay, on the first day on which the licence authori~es a flight, the fee specified in the third column of the Table oppe~ite the description of the licence granted: (a) upon making an application for variation of a licence (whether or not in respect of more than one particular) the applicant shall pay the fee specified in the second column of the Table opposite the description of the licence as it w-oulcl he if the application were granted; (.1) for the variation of a licence (whether or not in more than one par- ticular) the applicant shall pay on the first day on which the variation comes into force, the fee specified in the third column of the Table opposite the description of the licence as varied; (e) upon making an application for the revocation or suspension of a licence of which he is not the holder the applicant shall pay the fee specified in the second column of the Table opposite the description of the licence, taking into account any variations which may have been made, and if his application is granted he shall thereupon pay the fee specified in the third column of the Table opposite that description; (fl the holder of a licence shall pay in respect thereof the annual fee specified in the fourth column of the Table opposite the description of the licence, taking into account any variations which may have been made; payment shall first become due upon the expiration of the period of one year after the fist day on which the licence authorises a flight and each subse- quent payment shall become due at intervals of one year after that date; each payment of an annual fee shall relate to the year following the day on w-hich it becomes due, and, if the fee exceeds ten pounds, shall be reduced by one-twelfth for every month by which the unexpired portion of the term of the licence is less than one year: (q) if a licence is suspended, the annual fee shall not become due so long as the suspension continues, but upon the ending of the suspension the holder of the licence shall pay that fee, reduced by one-twelfth for every month of suspension during the year to which the fee relates. Variation of li'cences: Special provisions 3.-(1) The Board may reduce by such amount as they think fit the fee in respect of an application by the holder of a licence for its variation, and for the PAGENO="1395" AIR LAWS AND TREATIES OF THE WORLD 2795 variation of the licence, if, in their opinion, it is proper to do so by reason of the disproportion between the amount of the fee and the benefit conferred by the variation. (2) In a case where a licence is varied with effect in the course of a year to which an annual fee relates, the amount of the annual fee shall be adjusted proportionately so as to take account of any resulting variation in the description of the licence; and any additional annual fee shall be paid by the holder of the licence, or any refund on the annual fee shall be made to him (whichever shall be appropriate), on the date on which the variation comes into force. (3) If the Board are of the opinion that an application for variation of a licence is in substance an application for a licence for a new service, they may, on varying the licence, direct that for the purpose of the annual fee, the licence is to be treated as if it were several licences of such number and description as they may specify in the direction. (4) Where an application for variation of a licence relates solely to a provision as to the tariff to be charged the fee to be paid for that application shall be £2 Os. Od. and, if no hearing has been held by the Board in connection with that application, no fee shall be payable for the variation. Transitional Licences: ,Special provisions 4. When a license is granted in pursuance of an Order made under subsection (6) of section 2 of the Act- (a) the fees specified in the second and third columns of the Table shall not be payable; (b) annual fees in respect of the licence shall be paid in accordance with the foregoing provisions of this Schedule, except that the first such payment shall become due on 30th March, 1961, and each subsequent payment shall become due at intervals of one year after that date. Refund of Fees 5.-(1) Where an application for a licence or the variation, revocation or sus- pension thereof is withdrawn before a notice of a hearing in connection with such application has been published by the Board in their official record the Board may refund such part of the application fee as they think proper in the circumstances of the case. (2) Where the Board are obliged by subsection (3) of section 2 of the Act to refuse an application for the grant of a licence they shall refund the whole of the application fee. (3) Where a licence has been revoked or suspended the Board may refund such portion, if any, of the fees paid for the grant of the licence or of the annual fee as they think proper in the circumstances of the case: Provided that no portion of a fee shall be refunded unless that fee exceeds ten pounds. Definition of Area ~S'ervices 6.-(1) For the purposes of this Schedule- "Area I Service" means a service between places all of which are within the following territories :- the United Kingdom, any of the Channel Islands, the Isle of Man; "Area II Service" means a service, not being an Area I Service, between places all of which are within the following territories the United Kingdom, any of the Channel Islands, the Isle of Man, the Republic of Ireland, Belgium, Holland, Luxembourg, France, north of the rhumb lines successively joining the following points: 47° 00' north latitude 02° 02' west longitude, 47° 00' north latitude 02° 00' east longitude, 49° 28' north latitude 06° 04' east longitude, Germany, west of the rhumb lines successively joining the following points: 49° 28' north latitude 06° 04' east longitude, 500 43' north latitude 08° 00' east longitude, 5~ 43' north latitude and 08° 00' east longitude, PAGENO="1396" 2796 AIR LAWS AND TREATIES OF THE WORLD if any one of the places served is in the United Kingdom, any of the Chan- nel Islands or the Isle of Man; "Area III Service" means a service, not being an Area I or an Area II Service, between places all of which are within the following territories :- the United Kingdom, any of the Channel Islands, the Isle of Man, any of the Canary Islands, any of the Madeira Islands, Morocco, Cyprus, Iceland, the area enclosed by the parallels of latitude 66' north and 340 north and the meridians of longitude 100 west and 30° east, if any one of the places served is in the United Kingdom, any of the Channel Islands or the Isle of Man; `Area IV Service" means a service, not being an Area I, an Area II or an Area III Service, if any one of the places served is in the United King- dom, any of the Channel Islands or the Isle of Man; "Area V Service" means a service between places within a circle having a diameter not exceeding 1,500 nautical miles, none of which is in the Fnited Kingdom, any of the Channel Islands or the Isle of Man; "Area VI Service" means a service, between places wihin a circle having a diameter exceeding 1,500 nautical miles, none of which is in the United Kingdom, any of the Channel Islands or the Isle of Man. (2) The circle referred to in the preceding sub-paragraph shall have a radius of 121/~° of latitude measured on Mercator's projection on the scale of latitude at the centre of the circle. EXPLANATORY NOTE (This note is not part of the Regulations, but is intended to indicate their general purport.) These Regulations are made under the Civil Aviation (Licensing) Act, 1960, and include in particular provision for- (a) the exemption of flights for certain purposes from the requirement of an air service licence under that Act (Regulation 3); (b) the form and manner of applying for the grant, variation, suspen- sion and revocation of a licence, and of making objections and representa- tions in connection with such an application (Regulations 4, 5 and 7); (c) consultation and hearings by the Air Transport Licensing Board; and generally as to their procedure (Regulations 8, 10 and 11) (d) the conditions which the Board may include in a licence and the circumstances in which they may or shall dispense with a provision in a licence as to tariffs (Regulations 12 and 13) (e) appeals the the Minister of Aviation from decisions of the Board (Regulation 14) (f) the fees to be paid to the Board in connection with air service licences and applications relating thereto (Regulation 17 and the Second Schedule) (g) the provision to the Minister and the Board of statistical, financial and other information by licence holders, and by the holders of air opera- tor's certificates granted under any Order in Council made under section 8 of the Civil Aviation Act. 1949 (Regulation 18) (ib) the setting up of regional advisory committees for Scotland, Wales and Northern Ireland for the purpose of advising the Board (Regulation 20). COLONIAL AIR NAVIGATION Civil aviation in the British colonies, protectorates and dependencies is controlled by the Colonial Air Navigation Order, 1961, in Statutory I'iistruments 1961, Part III, No. 2316, pages 4146-4270. Thi~~ Order wa~ issued under the~ authority of the Civil Aviation Act, 1949 (12. 13&l4Geo. 6, C. 67). Aden (Colony and Protectorate) Bahamas PAGENO="1397" AIR LAWS AND TREATIES OF THE WORLD 2797 Basutoland Bechuanaland Protectorate Bermuda British Guiana British Honduras British So'omon Islands Protectorate British Virgin Islands Central and Southern Line Islands Cyprus: Sovereign Base Areas of Akrotiri and Dhekelia Falkiand Islands and Dependencies Fiji Gambia (Colony and Protectorate) Gthraltar Gilbert and Ellice Islands Colony Hong Kong Kenya (Colony and Protectorate) Malta Mauritius North Borneo St. Helena and Ascension Sarawak Seychellas State of Singapore Swaziland Tanganyika Eganda (Act applicable under Legal Notice No. 15, E.A.S.C.O. Gazette Supp. No.2. Jan. 31, 1962) The West Indies Antigua Barbados Cayman Islands Dominica Grenada Jamaica Montserrat St. Christopher and Nevis and Anguilla St. Lucia St. Vincent Trinidad and Tobago Turks and Caicos Islands Zanzibar Protectorate Application is made by: 1. Colonial Civil Aviation (Application of Act) order 1952, in Statutory l~truments 1952, Part I, No. 868, page 565 ff. and the fo1lowing Orders: 2. Colonial Civil Aviation (Application of Act) Order, 1953, in Statutory Instruments 1953, Part I, Nos. 591 and 1669, pages 275 and 277 3. Colonial Civil Aviation (Application of Act) Order 1954, in Statutory Instruments 1954; Part I, No. 830, page 463 4. Colonial Civil Aviation (Application of Act) Order, 1955, in Statutory I~truments 1955, Part I, No. 709, page 458 PAGENO="1398" 2798 AIR LAWS AND TREATIES OF THE WORLD 5. Colonial Civil Aviation (Application of Act) Order, 1958, in Statutory In~tmments 1958, Part I, No. 1514, page 303 6. Colonial Civil Aviation (Application of Act) Order, 1959, in Statutory In~trvm~ents 1959, Part I, No. 1052, page 684 7. Colonial Civil Aviation (Application of Act) Order, 1961, in Stat~t tory In~struments 1.961, Part III, No. 2317, page 4271. 1961 No. 2316 CIVIL ~\TIATION* THE COLONIAL Airi NAVIGATION ORDER, 1961 Made 6th December, 1961 Laid before Parliament 7th December, 1961 Corning into Operation 8th December, 1961 ARRANGEMENT OF ORDER PART I. REGISTRATION AND MARKING OF AIRCRAFT Article 1. Aircraft to be registered. 2. Registration of aircraft in the Colony. 3. Nationality and registration marks. PART II. AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT 4. Certificate of airworthiness to be in force. 5. Issue and renewal of certificates of airworthiness. G. Certification of maintenance. 7. Inspection, overhaul, repair, replacement and modification. 8. Licensing of niaintenance engineers. 9. Equipment of aircraft. 10. Radio equipment of aircraft. 11. Aircraft, engine and propeller log books. 12. Aircraft weight schedule. 13. Access and inspection for airworthiness purposes. PART III. AIRCRAFT CREW AND LICENSING 14. Composition of crew of aircraft. 15. Members of flight crew-licences. 1G. Grant and renewal of licences to members of flight crew. 17. Validation of licences. 18. Personal flying log book. 19. Instruction in flying. 20. Glider pilot-minimum age. PART IV. OPERATION OF AIRCRAFT 21. Operations Manual. 22. Public transport-operators' responsibilities. 23. Public transport-ln~ding if airiraft. 24. Public transport-operating COfl(litiOflS. 25. Aircraft not registered in the Colony-weather conditions. 26. Pre-fiight action by commander of aircraft. 27. Pilots to remain at controls. 28. Public transport of passengers-duties of commander. 29. Operation of radio in aircraft. 30. Towing of gliders. 31. Towing. picking up and raising of persons and articles. 32. Dropping of persons and articles. Statutory Instruments 1961, Part III P. 4146-4200. PAGENO="1399" AIR LAWS AND TREATIES OF THE WORLD 2799 33. Carriage of munitions of war. 34. Carriage of dangerous goods. 35. Method of carriage of persons. 36. Exits and break-in markings. 37. Imperilling safety of aircraft. 38. Imperilling safety of any person or property. 39. Drunkenness in aircraft. 40. Smoking in aircraft. 41. Authority of commander of aircraft. 42. Stowaways. PART V. FATIGUE OF FLIGHT CRi~w 43. Application, interpretation and modification of Part V. 44. Duties of operators to prevent excessive fatigue of flight crew. 45. Establishment of limits on flight times, flying duty periods and rest periods. 46. Maximum flying duty periods for pilots and flight engineers. 47. Minimum rest periods for flight crew. 48. Records of flight times, duty periods and rest periods. 49. Maximum flight times for flight crew. 50. Provision for particular cases. PART VI. DOCUMENTS 51. Documents to be carried. 52. Production of documents. 53. Preservation of documents, etc. 54. Revocation, suspension and variation of certificates, licences and other docu- ments. 55. Offences in relation to documents. PART VII. CONTROL OF Ala TRAvrIc 56. Rules of the air and air traffic control. 57. Power to prohibit or restrict flying. 58. Balloons, kites and airships. PART VIII. AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS 59. Aerodromes: public transport of passengers and instruction in flying. 60. Use of Government aerodromes. 61. Licensing of aerodromes. 62. Charges at aerodromes licensed for public use. 63. Use of aerodromes by aircraft of Contracting States and of the Common- wealth. 64. Noise and vibration caused by aircraft on aerodromes. 65. Aeronautical lights. 66. Dangerous lights. 67. Customs Airports. PART IX. GENERAL 68. Prohibited Areas. 69. Power to prevent aircraft flying. 70. Right of access to aerodromes and other places. 71. Obstruction of persons. 72. Enforcement of directions. 73. Fees. 74. Penalties. 75. Extra-territorial effect of the Order. 76. Application of Order. 77. Regulations by the Governor. 78. Application of Order to the Crown and visiting forces, etc. 79. Exemption from Order. 80. Provisions for East African Territories. 81. Interpretation. 82. Interpretation in relation to the East African Territories. 83. Saving. 84. Small aircraft. 85. Revocation. 86. Citation and commencement. PAGENO="1400" 2800 AIR LAWS AND TREATIES OF THE WORLD SCHEDULES First Schedule- Part A. Table of General Classification of Aircraft. Part B. Nationality and Registration Marks of Aircraft Registered in the Colony. Second Schedule-A and B Conditions. Third Schedule-Categories of Aircraft. Fourth Schedule-Maintenance Engineers: Privileges of Licences. Fifth Schedule-Aircraft Equipment. Sixth Schedule-Radio Apparatus to be carried in Aircraft. Seventh Schedule-Aircraft, Engine and Propeller Log Books. Eighth Schedule-Areas Specified in connection with the Carriage of Flight Navigators as Members of the Flight Crews of Public Transport Aircraft. Ninth Schedule-Flight Crew of Aircraft: Licences and Ratings. Tenth Schedule-Public Transport-Operational Requirements. Eleventh Schedule-Documents to be Carried by Aircraft Registered in the Colony. Twelfth Schedule-Rules of the Air and Air Traffic Control. Thirteenth Schdule-Fees. Fourteenth Schedule-Penalties. Fifteenth Schedule-Territories to which this Order applies. At the Court of Saint James, the 6th day of December, 1961. Whereas Her Majesty, in pursuance of the Regency Acts, 1937 to 1953, was pleased, by Letters Patent dated the eighth day of Novem- ber, 1961, to delegate to the following Counsellors of State (subject. to the exceptions hereinafter mentioned) on any two or more of them, that. is to say, His Royal Highness Prince Philip, Duke of Edin- burgh, Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness The Princess Margaret, Countess of Snowdon, His Royal Highness The Duke of Gloucester, His Royal Highness The Duke of Kent. anti Her Royal Highness The Princess Alexandra of Kent, full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's ap- proval for anything for which Her Majesty's approval in Council is required: And whereas Her Majesty was further pleased to except from the number of the said Counsellors of State His Royal Highness Prince Philip, Duke of Edinburgh, and Her Royal Highness The Princess Alexandra of Kent while absent from the. United Kingdom; Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and Her Royal Highness The Princess Margaret, Countess of Snow- don, being authorized thereto by the said Letters Patent, and in pur- suance of the powers vested in Her Majesty by the Civil Aviation Act., 1949 a, and the Colonial Civil Aviation (Application of Act) Order, 1952 b, and of all other powers enabling Her Majesty in that behalf, do hereby, by and with the advice of Her Majesty's Privy Council, on Her Majesty's behalf order, and it is hereby ordered, as follows :- `12, 13, & 14 Geo. 6. C. 67. bSI 1952/868 (1952 I, p.565). PAGENO="1401" AIR LAWS AND TREATIES OF THE WORLD 2801 PART I. REGISTRATION AND MARKING OF AIRCRAFT Aircraft to be registered 1.-(1) Subject to the provisions of paragraph (2) of this Article, an aircraft shall not fly over the Colony uiiless it is registered in :- (a) some part of the Commonwealth; or (b) a Contracting State; or (c) some other country in relation to which there is in force an agreement between Her Majesty's Government in the United Kingdom and the Government of that country which makes pro- vision for the flight over the Colony of aircraft registered in that country Provided that- (i) a glider may fly unregistered, and shall be deemed to be registered in the Colony for the purposes of Articles 9, 10, 15 and 26 of this Order, on any flight which- (a) begins and ends in the Colony without passing over any other country, and (h) is not for the purpose of public transport or aerial work; (ii) any aircraft may fly unregistered on any flight which- (a) begins and ends in the Colony without passing over any other country, and (b) is in accordance with the "B Condit.ions" set forth in the Second Schedule to this Order; (iii) this paragraph shall not apply to any kite or captive balloon. (2) The Governor may, in such special circumstances and subject to such conditions or limitations as he may think fit, temporarily ex- empt. from the provisions of paragraph (1) of this Article an aircraft registered elsewhere. (3) If an aircraft flies over the Colony in contravention of para- graph (1) of this Article in such manner or circumstances that if the aircraft had been registered in the Colony an offence against this Order or any regulations made thereunder would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft. Reqistratio'n of aircraft in the Colony 2.-( 1) The Governor shall be the authority for the registration of aircraft in the Colony. (2) Subject to the provisions of paragraphs (4) and (5) of this Article, an aircraft shall not be registered or continue to be registered in the Colony if it appears to the Governor that (a) the aircraft is registered anywhere outside the Colony; or (b) an unqualified person is entitled as owner to any legal or beneficial interest in the aircraft or any share therein; or (c) the aircraft could more suitably be registered in some other part of the Commonwealth: or (d) it would be inexpedient in the public interest for the air- craft to be or to continue to be registered in the Colony. PAGENO="1402" 2802 AIR LAWS AND TREATIES OF THE WORLD (3) The following persons and no others shall be qualified to be the owner of a legal or beneficial interest in an aircraft registered in the Colony or a share therein :- (a) the crown in right of Her Majesty's Government in the United Kingdom or in right of the Government of the Colony; (b) British subjects and citizens of the Republic of Ireland; (c) British protected persons; (d) bodies incorporated in some part of the Commonwealth, and having their principal place of business in any part of the Commonwealth; (e) bodies incorporated in the Republic of South Africa or in South West Africa, and having their principal place of business in the said Republic or in South West Africa or in any part of the Commonwealth. (4) If an unqualified person residing or having a place of business in the Colony is entitled as owner to a legal or beneficial interest in an aircraft, or a share therein, the Governor, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in the Colony. The person aforesaid shall not cause or permit the aircraft, while it is registered in pursuance of this paragraph, to be used for the purpose of public transport or aerial work. (5) If an aircraft is chartered by demise to a person qualified as aforesaid the Governor may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the Colony in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this Article the aircraft may remain so registered during the continuation of the charter. (6) Applicat.ion for the registration of an aircraft in the Colony shall be made in writing to the Governor, and shall include or be ac- companied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in the Colony and to issue the certificate referred to in paragraph (8) of this Article. In particular. the application shall include the proper description of the aircraft according to column 4 of the "General Clas- sification of Aircraft" set forth in Part A of the First Schedule to this Order. (7) Upon receiving an application for the registration of an air- craft in the Colony and being satisfied that the aircraft may properly be so registered. the Governor shall register the aircraft, wherever it may be, and shall include in the register the following particulars :- (a) the number of the certificate; (b) the nationality mark of the aircraft, and the registration mark assigned to it by the Governor; (c) the name of the constructor of the aircraft and its designa- tion; (d) the serial number of the aircraft; (e) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of an aircraft which is the subject of a hire-purchase agreement. the name and address of tl~e hirer; or, PAGENO="1403" AIR LAWS AYD TREATIES OF THE WORLD 2803 (f) in the case of an aircraft registered in pursuance of para- graph (4) or (5) of thiG Article, an indication that it is so regis- tered. (8) The Governor shall furnish to the person or persons in whose name the aircraft is registered (hereinafter in this Article referred to as "the registered owner") a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued. (9) Subject to paragraphs (4) and (5) of this Article, if at any time after an aircraft has been registered in the Colony an unqualified per- son becomes entitled as owner to a legal or beneficial interest in the aircraft or a share therein, the registration of the aircraft shall there- upon become void and the certificate of registration shall forthwith be returned by the registered owner to the Governor for cancellation. (10) Any person who is registered as the owner of an aircraft reg- istered in the Colony shall forthwith inform the Governor in writing of- (a.) any change in the particulars which were furnished to the Governor upon application being made for the registration of the aircraft; (b) the destruction of the aircraft, or its permanent with- drawal from use; (c) in the case of an aircraft registered in pursuance of para- graph (5) of this Article, the termination of the demise charter. (11) Any person who becomes the owner of an aircraft registered in the Colony shall forthwith inform the Governor in writing to that effect. (12) The Governor max, whenever it appears to him necessary or appropriate to do so for giving effect to this Part of this Order or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, may cancel the reg- istration of the aircraft, and shall cancel that registration if he is satis- fied that there has been a change in the ownership of the aircraft. (13) The Governor may, by regulations, adapt or modify the fore- going provisions of this Article as he deems necessary expedient for the purpose of providing for the temporary transfer of aircraft to or from the Colony register, either generally or in relation to a par- ticular case or class of cases. (14) In this Article references to an interest iii an a.ircraft do not include references to an inter~t in an aircraft to which a person is entitled oniy by virtue of his membership of a flying club and the refer- ence in paragraph (10) of this Article to the registered owner of an aircraft includes in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dis- solved, its successor. (15) Sub-paragraph (e) of paragraph (3) of this Article shall cease to have effect on the 31st day of May, 1962. (16) The Governor shall transmit to the~ Minister particulars of all registrations, and of changes in or cancellations of registrations, en- tered in the register. Nat ~onaiity and reg~stratwm inarZ~s 3.-(1) An aircraft (other than an aircraft permitted by or under this Order to fly without being registered) shall not fly unless it bears PAGENO="1404" 2804 AIR LAWS AND TREATIES OF THE WORLD painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered. the nationality and registration marks required by that law. (2) The marks to be borne by aircraft registered in t.he Colony shall comply with Part B of the First Schedule to this Order. (3) An aircraft. shall not bear any marks which purport to indi- cate: (a.) that the aircraft is registered in a country in which it is not in fact registered; or (b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate au- thority of that country has sanctioned the bearing of such marks.. PART II. AIRWORTHINESS AND EQmPMENT OF AIRCRAVr Certificate of airworthiness to be in force 4.-(1) An aircraft. shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered. and any conditioiis subject to which the certificate was issued or rendered valid are complied with: Provided that the foregoing prohibition shall not. apply to flights, beginning and ending in the Colony without passing over any other country, of- (a) a glider, if it is not. being used for the public transport of passengers or aerial work: (b) a balloon, if it is not being used for the public. transport. of passengers; (c) a kite; (d) an aircraft flying in accordance with the "A Conditions" or the "B Conditions" set forth in t.he Second Schedule to this Order; (e) an aircraft flying in accordance with the conditions of a permit to fly issued by the Governor in respect of that aircraft. (2) In the c.ase of all aircraft registered in the Colony the certificate of airworthiness referred to in paragraph (1) of this Article shall be a certificate issued or re.ndered valid in accordance with the provisions of Article 5 of this Order. Issue a~nd renewal of certificates of airworthiness 5.-(1) The Governor may issue in respect to a.ny aircraft a certifi- cate of airworthiness if he is satisfied that the aircraft is fit. to fly having regard to- (a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers neces- sary for the airworthiness of the aircraft; and (b) the results of flying trials, and such other tests of the air- craft, as he may require: Provided that, if the Governor has issued a certificate of airworthi- ness in respect of an aircraft which, in his opinion, is a prototype air- craft or a modification of a prototype aircraft, he may dispense with flying trials in the case of any other aircraft if he is satisfied that it conforms to such prototype or modification. PAGENO="1405" AIR LAWS AND TREATIES OF THE WORLD 2805 (2) Every certificate of airworthiness shall specify such categories as are, in the opinion of the Governor, appropriate to the aircraft in accordance with the Third Schedule to this Order and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in the said Schedule in relation to those categories. ç3) The Governor may issue the certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit. (4) The certificate of airworthiness may designate the perform- ance group to which the aircraft belongs for the purposes of the requirements referred to in paragraph (1) of Article 24 of this Order. (5) The Governor may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of this Order a certificate of airworthiness issued in respect of any air- craft under the law of any country other than the Colony. (6) Subject to the provisions of this Article and of Article 54 of this Order a certificate of airworthiness of validation issued under this Article shall remain in force for such period as may be specified there- in, and may be renewed from time to time by the Governor for such further period as he thinks fit. (7) A certificate of airworthiness or a certificate of validation is- sued in reSl)ect of an aircraft shall cease to be. in force- (a) if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft is overhauled, repaired or modi- fled, or if any part of the aircraft or of such equipment is removed or is replaced otherwise than in a manner and with material of a type approved by the Governor either generally or in relation to a class of aircraft or to the particular aircraft; or (b) until the completion of any inspect.ion of the aircraft or of any of such equipment as aforesaid, being an inspection re- quired by the. Governor to be made for the purpose of ascertaining whether the aircraft. remains airworthy. (8) Without, prejudice to any other provision of this Order the Governor may. for the purposes of this Article, accept reports fur- nished to him by a person whom he may approve either absolutely or subject to such conditions as he thinks fit as qualified to furnish such reports. (9) The Governor shall cause to be prepared and preserved in re- lation to each aircraft registered in the Colony a record enabling the aircra.ft. (including in particular its engines) and such of its equip- ment. as he may have cor.sidered necessary for the airworthiness of the aircraft in issuing~ varying or re.ndering valid a. certificate of air- worthiness, to be identified with the drawings and other documents on the basis of which the certificate was issued, varied or rendered valid as the case may be. All equipment so identified shall for t.he purposes of this Order be deemed to be equipment ne.cessary for the airworthiness of the aircraft. The Governor shall cause such record to be produced for examination upon request being made therefor at any reasonable time by any person having, in the opinion of the Gov- ernor, reasonable grounds for requiring to examine it. PAGENO="1406" 2806 AIR LAWS AND TREATIES OF THE WORLD Certification of maintenance 6.-(1) An aircraft registered in the Colony shall not fly for the purpose of puhhc transport or dropping or projecting any material for agricultural, public health or sirniTa.r purposes unless:- (a) the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with maintenance schedules approved by the Governor in relation to that aircraft; (b) there are in force in respect of that aircraft certificates (in this Order referred to as "certificates of maintenance") issued in accordance with the provisions of this Article and certifying that maintenance has been carried out in accordance with such main- tenance schedules: Provided that an aircraft may, notwithstanding that sub-para- graphs (a) and (b) have not been complied with in relation to the radio station therein, fly for the sole purpose of enabling persons to be trained to perform duties in aircraft. (2) Every certificate of maintenance shall come into force upon being issued and shall cease to be in force upon the expiration of the period of its validity in elapsed time or flying time, whichever may he the earlier, as specified in the relevant maintenance schedule, and the period of validity of the certificate shall be recorded in the cer- tific.ate at. the time when it is issued. (3) A certificate of maintenance may be issued for the purposes of this Article only by- (a) the holder of a licence granted under this Order as an air- craft. maintenance engineer or aircraft radio maintenance engi- neer being a licence of a category appropriate in accordance with Article 8 of and the Fourth Schedule of this Order; or (b) the holder of a licence as such an engineer granted under the law of a countr other than the Colony a.nd rendered valid under this Order, in accordance with the privileges endorsed on the licence; or (c) a person whom the Governor has authorised to issue a cer- tificate of maintenance in a l)a.rtic.ular case, and in accordance with that authority: Provided that., upon approving a maintenance schedule, the Gover- nor may direct that certificates of maintenance relating to that sched- ule, or to any part thereof specified in his direction, may be issued only by the holder of such a licence as is so specified. (4) Certificates of maintenance shall be issued in duplicate. One of the duplicates shall, during the period of validity of the certificate, be carried in the aircraft when Article 51 of this Order so requires, and the other shall be kept by the operator elsewhere than in the air- craft. (5) On the termination of every flight the commander of the air- craft shall enter in a tecimical log particulars of- (a) the times at which that flight began and ended; (b) any defect in any part of the aircraft or its equipment which may he known to him, being a part to which a maintenance schedule relates, and if no such defect is known to him he shall make an entry to that effect: PAGENO="1407" AIR LAWS AND TREATIES OF THE WORLD 2807 Provided that, in the case of a number of consecutive flights begin- ning and ending on the same day and at the same aerodroine and with the same person as commander of the aircraft, the commander of the aircraft may enter the particulars as aforesaid in a technical log at the end of the last of such flights. (6) Fpon the rectification of any defect which has been entered in a technical log in accordance with paragraph (5) of this Article, a copy of the certificate of compliance required by Article 7 of this Order in respect of the work done for the rectification of the defect shall be entered in the technical log in such a position or manner as to be readily identifiable with the entry of the defect to which it relates. (7) The technical log referred to in paragraphs (5) and (6) of this Article shall be carried in the aircraft when Article 51 of this Order so requires and copies of the entries referred to in those para- graphs shall be. kept. on the ground. (8) Subject to the provisions of Article 53 of this Order every certificate of maintenance shall be preserved by the operator of the aircraft for a period of two years following the expiry of the period of validity of the certificate and for such further period as the Gov- ernor may require in any particular case. Inspection, overhaul, repair, replacement and modification 7.-(1) An aircraft registered in the Colony, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force, shall not fly if any part of the aircraft or of such of its equipment as is necessary for the airworthiness of the aircraft, has been overhauled, repaired, replaced or modified, or has been inspected as provided in paragraph (7) (b) of Article 5 of this Order, unless there is in force a certificate of compliance issued in accordance with this Article and relating to the overhaul, repair, re- placement, modification or inspection, as the case may be: Provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable- (a) for the repair or replacement to be carried out in such a manner that a certificate or compliance can be issued under this Article in respect thereof, or (b) for such a certificate to be issued while the aircraft is at that place, the aircraft may fly to a place at which such a certificate can be issued, being the nearest place- (i) to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped, and (ii) to which it is reasonable to fly having regard to any haz- ards to the liberty or health of any person on board, and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Governor within ten days thereafter. (2) Neither- (a.) equipment provided in compliance with the Fifth Schedule to this Order (except paragraph (3) thereof), nor (1) in the c~ise of a public transport aircraft, radio apparatus provided for use therein or in any survival craft carried therein, PAGENO="1408" 2808 AIR LAWS AND TREATIES OF THE WORLD whether or not. such apparatus is provided in compliance with this Order or any regulation made thereunder, shall be installed, or placed on board for use, in an aircraft registered in the Colony after being overhauled, repaired or modified, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of compliance issued in accordance with this Article and relating to the overhaul, repair or modification, as the ease may be. (3) For the purposes of this Order, "certificate of compliance" means a certificate that the part of the aircraft or it.s equipment has been overhauled, repaired, replaced or modified, as the case may be, in a manner and with material of a type approved by the Governor either generally or in relation to a class of aircraft or the particular aircraft and which identifies the aircraft and the overhaul, repair, replacement or modification to which it relates and includes particulars of the work done; and in relation to an inspection required by the Governor, that the inspection has been made in accordance with the requirement of the Governor and that any consequential repair or replacement has been carried out as aforesaid. (4) A certificate of compliance may be issued for the purposes of this Article only by- (a.) the holder of a licence granted under this Order as an air- craft maintenance engineer or aircraft radio maintenance engi- neer being a licence of a category appropriate in accordance with Article 8 of and the Fourth Schedule to this Order; or (b) the holder of a lic~ence as such an engineer granted under the law of a country other than the Colony and rendered valid under this Order, in accordance with the privileges endorsed on the licence; or (c) a person approved by the Governor as being competent to issue such certificates; or (d) a person whom the Governor has authorised to issue the certificate in a particular case. (5) Subject to the provisions of Article 53 of this Order, if the aircraft to which a certificate of compliance relates is a public trans- port aircraft or an aerial work aircraft, the certificte of compliance shall be preserved by the operator of the aircraft for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus as the case may be. In the case of any other aircraft the certificate shall be preserved by the operator of the aircraft for a period of two years. Licensing of maintenance engineers 8.- (1) The Governor may grant to any person a licence to act for the purposes of this Order as an aircraft maintenance engineer, or an aircraft radio maintenance engineer, of one of the categories specified in the Fourth Schedule to this Order, upon his being satisfied that the applicant is a fit and proper person to hold the licence and is qualified by his knowledge and experience to do so, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Governor may require of him. The Governor may in- clude a rating in the licence limiting the licence to particular types of aircraft or equipment. PAGENO="1409" AIR LAWS AND TREATIES OF THE WORLD 2809 (2) A licence of any category shall, subject to any rating as a fore-. said, entitle the holder to issue certificates of maintenance, certificates of compliance or certificates of fitness for flight, in accordance with the Fourth Schedule to this Order. (3) A licence and a ratiiig shall, subject to tile pro\isionS of Article 54 of this Order, remain in force for the periods specified therein, not. exceeding twelve months, but. may be renewed by tile Governor from time to time upon his being satisfied that tile applicant is a fit and proper person and is qualified as aforesaid. (4) Tile Governor may issue. a certificate rendering valid for the piirioses of this Order any licence, as an aircraft. maintenance engi- neer or aircraft radio maintenance ellgineer granted under the law of any country other than the Colony. ~I1C1l certificate may be issued subje.c.t t.o such conditions, and for such periods, as the. Governor thinks fit. (~) Lpon receivirg a licence granted under this Article, the holder shall forthwith sign his name tliereoii in ink with his ordinary signature. Eqv~'pment of alieraft 9.-(1) An aircraft shall not fly unless it is so equipped as to comply with the law of tile country in which it is registered, and to enable lights and immarkings to be djsplaved, and signals to be made, ill accord- ance. with tills Order an(l any ~-eguhii ions ~nade thereunder. (2) In tile case of aircraft. registered in the. Colony the equipment required to be provided (in addition to any other equi~)ment required by or under this Order) shall be that. specified in such parts of the Fifth Schedule to this Order as are applicable in the circumstances a.nd shall comply with the provisions of tilat. Schedule. The equipment. except that specified in paragraph (3) of the said Schedule, shall be of a type approved by tile Govei-iior either generally or in relation to a class of aircraft or ill relation to that aircraft and shall be installed in a. mani~er so approved. (3) In any particular case. the Governor ma direct that an aircraft registered in tile Colony shall carry such additional or special equip- ment or supplies as he may specify for tile I)li1~pose. of facilitating tile navigation of tile aircraft, the carrying our of searcil aild rescue opera- tions, or tile survival of the persons carried in the aircraft. (4) The equipment carried in conlpliance with tins Article, shall be so installed or stowed amId kept. stowed. aild so maintained and adjusted, as t.o be readily accessible and capable of being used by tile person for whose use it is illtellded. (5) The position of equipment provided for emergellcy use. shall be indicated by clear markings in or on the. aircraft. In particula.r there sllafl be exhibited in a prominent position in every passenger compartment of every public transport aircraft registered ni the Col- onv a notice statin~ where time lifejackers ( if any) are to be found, and cont.ainillg ilistruct ions as to ho\v they are to be used. (6) All equipment. installed or carried iii an a ircra ft. wheth .:~r or not, in compliance with this Article, shall be so installed or Si owed and kept. stowed and so maintained and adjustedi as not, to be a source of danger rn itself or to impair the airworthiness of the aircraft or the. proper fumictionimig of any equipment or services necessary for the safety of tile aircraft. ~9-TJ~---tJ-voi. 11---- 59 PAGENO="1410" 2S10 AIR LAWS AND TREATIES OF THE WORLD (7) This Article shall not apply in relation to radio apparatus except that specified in the Fifth Schedule to this Order. Radio equipment of aircraft 1O.-(1) An aircraft shall not fly unless it is so equipped with radio apparatus as to comply with the law of the country in which the aircraft is registered and to enable communications to be made, and the aircraft to be navigated, in accordance with the provisions of this Order and any regulations made thereunder. (2) In the case of aircraft registered in the Colony, the aircraft shall be equipped with radio apparatus in accordance with the Sixth Schedule to this Order. (3) In any particular case the Governor may direct that an aircraft registered in the Colony shall carry such additional or special radio apparatus as he may specify for the purpose of facilitating the naviga- tion of the aircraft., the carrying out of search and rescue operations or the survival of the persons carried in the aircraft. (4) The radio apparatus provided in compliance with this Article in an aircraft registered in the Colony shall always be maintained in serviceable condition. (5) All radio apparatus installed in an aircraft registered in the Colony (whether or not in compliance with this Order or any regula- tions made thereunder) shall be of a type approved by the Governor in relation to the purpose for which it is to be used, and shall, except in the case of a glider which is permitted by paragraph (1) of Article 1 of this Order to fly unregistered, be installed in a manner approved by the Governor. Neither the apparatus nor the manner in which it is installed shall be modified except with the approval of the Governor. Aircraft. engine and propeller iog books 11.-(1) In addition to any other log books required by or under this Order, the following log books shall be kept in respect of every public transport aircraft and aerial work aircraft registered in the Uoloiiy :- (a) an aircraft log book; and (b) a separate log book in respect of each engine fitted in the aircraft; and (c) a separate log book in respect of each variable pitch pro- peller fitted to the aircraft. The log books shall include the particulars respectively specified in the Seventh Schedule to this Order. (2) Each entry in the log book shall be made as soon as is practicable after the occurrence to which it relates, but in no event more than seven clays after the expiration of the certificate of maintenance (if any) in force in respect of the aircraft at the time of the occurrence. (3) Entries in a log book may refer to other documents, which shall be clearly identified, and any other documents so referred to shall be deemed, for the purposes of this Order, to be part of the log book. (4) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept as aforesaid to keep them or cause them to be kept in accordance with the foregoing provisions of this Article. (5) Subject to the provisions of Article 53 of this Order every log Look shall be preserved by the operator of the aircraft until a date two PAGENO="1411" AIR LAWS AND TREATIES OF THE WORLD 2811 years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently with- drawn from use. Aircraft weight schedule 12.- (1) Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Governor may require in the case of that aircraft. (2) Upon the aircraft being weighed as aforesaid the operator of the aircraft shall prepare a weight schedule showing the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and. of such items of equipment as are indicated in the weight schedule; and showing the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight. (3) Subject to the provisions of Article 53 of this Order the weight schedule shall be preserved by the operator of the aircraft until the expiry of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this Article. Access and inspection for airworthiness purposes 13.-The Governor may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part of this Order and any person authorised to do so in writing by the Governor may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufac- ture of any part of, an aircraft or its equipment or any documents re- lating thereto and may for that purpose go upon any aerodrome or aircraft factory. PART III. AIRCRAFT CREW AND LICENSING IJoimposition of crew of aircraft 14.-(1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered. (2) An aircraft registered in the Colony shall carry a flight crew adequate in number and description to ensure~ the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under this Order or, if no cer- tificate of airworthiness is required under this Order to be in force, the certificate of airworthiness, if any, last in force under this Order, in respect of that aircraft. (3) A flying maclime registered in the Colony and flying for the purpose of public transport, having a maximum total weight author- ised of more than 22,500 lb., shall carry not less than two pilots as members of the flight crew thereof. (4) An aircraft registered in the Colony engaged on a flight for the purpose of public transport shall carry a flight navigator as a member of the flight crew if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to he more than 500 nautical miles from the point of take-off measured PAGENO="1412" 2S12 xw LAWS AND TREATIES OF THE WORLD along the route to be. flown, and over part of an area specified in the Eighth Schedule to this Order. The flight navigator carried in com- pliance with tills paragraph shall be calTiedi in addition to any person who is carried in accordance with this Article to perform other duties. (5) An aircraft registered in the Colony which is reciuired by the provisions of Article 10 of this Order to be equipped with radio corn- mumcation apparatus shall carry a flight radio operator as a member of the flight crew, who, if lie is required to operate radiotelegraph ap- paratus. shall be carried in addition to any other peisoii who is carried in accordance with this Article to perform other duties. (6) if it appears to him to be expedient to do so in the interests of safety, the Governor may direct any particular operator that the air- craft operated by him or any such aircraft shall not fly in such circum- stances as the Governor may specify unless they curly in addition to the flight crew required to be carried therein by the foregoing provi- sions of this Article such additional persons as members of the flight crew as he may specify in the direction. (7 When an aircraft registered in the Colony carries twenty or mole 1)assengers on a flight for the purpose of public. transport, the crew of the aircraft shall include a persoit carried for the purpose of performing in the interest of the safety of passengers duties to be as- signed by the operator or the ~eison in command of the aircraft, but who shall not act as a member of the flight crew. JIcm.beis of /i;qlit crc 15.- (1) ~~ib1ect to the provisions of this Article, a person shall not act a~ a nwi~~hcr idi I lie night crew of au aircraft registered in the Colony unless lie is the holder of an appropriate licence granted or rei(leled valid under this Order Provided that a person may. within the. Colony act as a flight radio- telephony operator without being the holder of such a licence if- (a) lie does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in an aircraft registered in the Colony to perform duties as a member of the flight crew of an aircraft : and (7) he is authoriseci to operate the radiotelephony station by the holder of the licence granted in respect of that station by the Governor or other appropriate authority under any enactment; and (c) messages are transmitted only for the purposes of instruc- tion. or of the safety or navigation of the aircraft; and (d) messages are transmitted only on a frequency exceeding 60 mega cycles per second assigned by the Governor for that purpose : and (c) the transmitter is pre-set to one or more of the frequencies so a55u2ne(l and cannot be adjusted in flight to any other fre- quencY : and (f) the operation of the transmitter requires the use only of external switches: and (rf) the stability of the frequency radiated is maintained auto- mat icallv by the transmitter. (~) ~l1b]ect as aforesaid, a person shall not act as a member of the flight crew required by or under this Order to be carried in an aircraft registered outside the Colony unless- PAGENO="1413" AIR LAWS AND TREATIES OF THE WORLD 2813 (a) in the case of an aircraft tiring for the purpose of public transport or aerial work he is the holder of au appropriate license granted or rendered valid nuder the law of the country in which the aircraft is re~isterecl : and (b) in the case of any other aircraft, he is the holder of an ap- propriate licence granted or rendered valid under the law of the countr iii which the aircraft is registered or un(ler this Order, and the Governor does not in the particular case give a direction to the contrary. (1) For the i~iui~poses of this Article a licence granted imder the law of a Contractin~r State purporting to authorise the holder thereof to act as a member of the flight crew of au aircraft, not being a licence purportlng to autliorise him to act as a stu(lent pilot, only, shall unless the Governor in the l)al~icular case gives a direction to the contrary be deemed to be a licence rendered valid under this Order but. shall not entitle the holder to act as member of the flight crew of any aircraft flying for tlte plulI)ose of publtc transport or aerial work. (4) Notwithstanding the provisions of paragraph (1) of this Arti- cle, a pelsoul may. unless the certificate of airworthiness in force in respect to the aircraft otherwise requires. act. as pilot of an aircraft registered in the Colony for the pllrpose of undergoing training or tests- (o) for the grant or renewal of a pilot's licence or for the in- clusion. renewal or extension of a rating thereon: or (b) for admission into any of Her Majesty's naval, military or air forces, without being the holder of an appropriate licence, if the following conditions are complie(l with :~ (i) no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with this Order, a persoll authorised by the Governor to witness the aforesaid training or tests, or, if the pilot in command of the aircraft is the holder an an appropriate licence, a person carried for the purpose of being trained as a member of the flight crew of an aircraft; and (ii) the person acting as the pilot of the aircraft without being the holder of an appropriate licence shall not be the pjlot in command of the aircraft unless within the period of six months immediately preceding he was either the holder of a pilots licence. (other than a student pilot's licence) granted under this Order or was serving as a qualified pilot of air- craft. in any of 1-1ev Majesty's military, naval or air forces, and his ph sical condition has not, so far as he is aware, so deteriorated during that Period as to render him unfit for the licence for which he intends to qualify. (5) Notwithstanding the provisions of paragraph (1) of this Arti- cle, a person may act as a member of the flight crew of an aircraft re~istered in the Colour without bein~i the holder of au appropriate licence if, in so doi1l~, he is act in~ in the course of his duty as a nuem- her of any of Her Xhi jestv's naval~ military or air forces. (~) An appropriate licence for the purposes of this ~\rticle means a licence which entitles the holdei' to pei-form the functions which he undertakes in relation to the aircraft concerned and the flight on which it. is engaged. PAGENO="1414" 2814 AIR LAWS AND TREATIES OF THE WORLD (AZ) This Article shall not apply to a person (other than a flight radio operator) by reason of his acting as a member of the flight crew of a glider which is not flying for the purpose of public transport or aerial work. Giant and ienewa7 of lice?~ces to members of flight crew 16.-( 1) The Governor may grant. licences, subject. to such condi- tions as he thinks fit, of any of the following classes- Student pilot's licence, Private pilot's licence (flying machines), Commercial pilot's licence (flying machines), Senior commercial pilot's licence (flying machines), Airline transport pilot's licence (flying machines), Private pilot's licence (balloons and airships), Commercial pilot's licence (balloons), Commercial pilot's licence (airships), Commercial pilot's licence (gliders), Flight navigator's licence, Flight engineer's licence, Flight radiotelephony operator's general licence, Flight radiotelephony operator's restricted licence, Flight radiotelegraphy operator's licence, Flight radiotelegraphy operator's temporary licence, upon his being satisfied that the applicant is a fit and proper person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill and physical fitness to act. in the capacity to which the licen(e relates, and for that purpose the applicant shall furnish such evidence, and undergo such examinations and tests (including in par- ticular medical examinations) as the Governor may require of him. A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence in Part A of the Ninth Schedule to this Order. (2) Subject to any conditions of the licence, a licence of any class shall entitle the holder to perform the functions specified in respect of that. licence in Part A of the said Ninth Schedule under the heading "privileges": Provided that- (a) subject to the provisions of paragraph (10) of this Article, and paragraph (4) of Article 15 and paragraph (1) of Article 19 of this Order a person shall not be entitled to perform any of the functions specified in Part B of the said Schedule in respect of a rat.ing unless his licence includes that rating; (b) a person shall not be entitled to perform any of the func- tions to which his licence relates if he 1~ows or has reason to believe that his physical condition renders him temporarily or permanently unfit to perform such function. (:) The Governor may, if he is satisfied that. the applicant is quali- fied as afore~aid to act in the capacity to which the rating relates, include in a licence a rating of any of the classes specified in Part B of tile said Ninth Schedule, and such rating shall be deemed to form part of the licence and shall entitle the holder to perform such func- tions as are specified in Part B of the said Schedule in respect of that rating. An instrument rating (referred to in the said Schedule) may PAGENO="1415" AIR LAWS AND TREATIES OF THE WORLD 2815 be renewed by any person appointed by the Governor for that purpose, if that person is satisfied by a test that. the applicant continues to be competent to perform the functions to which the rating relates. The test shall by carried out either in flight or by means of apparatus ap- proved by the Governor in which flight conditions are simulated on the ground. (4) A licence and a rating shall, subject to the provisions of Article 54 of this Order, remain in force for the periods indicated in the licence, not exceeding those respectively specified in the Ninth Sched- ule to this Order, and may be renewed by the Governor from time to time upon his being satisfied that the applicant is a fit and proper person and is qualified as aforesaid. (5) Upon receiving a licence granted under this Article, the holder shall forthwith sign his name thereon in ink with his ordinary sig- nature. (6) Every holder of a licence, other than a flight radiotelephony operator's license, granted under this Article shall submit himself to medical examination, by a person approved by the Governor, upon applying for the renewal of the licence and upon such other occasions as the Governor may require. (7) Every holder of a licence, other thait a flight radiotelephony operator's licence, granted tinder this Article or rendered valid under Article 17 of this Order who suffers- (a) any personal injury involving incapacity to undertake the funct.ions to which his licence relates; or (b) any illness involving incapacity to undertake those func- tions throughout a period of twenty days or more, shall inform the Governor in writing of such injury or illness, as soon as possible in the case of an injury, and as soon as the period of twenty days has elapsed in the case of illness. (8) A licence, other than a flight radiotelephony operator's licence, granted under this Part of this Order shall be deemed to be suspended upon the occurrence of such an injury, or the elapse of such period of illness as is referred to in paragraph (7) of this Article. The suspen- sion of the licence shall cease :- (a) upon the holder being medically examined under arrange- ments made by the Governor and pronounced fit to resume his functions under the licence; or (b) upon the Governor exempting the holder from the require- ment of a. medical examination, subject to such conditions as the Governor may think fit. (9) A licence granted under this Article shall be deemed to be sus- pended upon the pregnancy of the holder being diagnosed and shall remain suspended until the holder has been medically examined after the termination of the pregnancy and pronounced fit to resume her duties under the licence. (10 Nothing in this Order shall he taken to prohibit the holder of a commercial pilots, senior commercial pilot S or airline transport pilot's licence (flying machines) from actin~ as pilot in comimmand of a firing machine carrYing passengers by night hr reason of the lark of a night rating in his licence. PAGENO="1416" 2S16 AIR LAWS AND TREATIES OF THE WOELD Ti7;i7~t;oi~ of 7ic(fl(~E$ 17.-The Governor may issue a certificate of validation rendering valid for the puii~oses of this Order aiiv licence as a member of the flight crew of aircraft granted under the law of any country other than the Colony. A certificate of validation may be issued subject to such conditions and for such period as the Governor thinks fit. Pi.~oia7 flyhiq 7oq boo/c 1S.-Every member of the flight crew of an aircraft registered in the Colony and every person who engages in flying for the purpose of quahitving for the grant or renewal of a licence under this Order or undergoing tests or receiving instruction in flying for admission into any of Her Majesty's naval, military or air forces shall keep a personal flying log book in \vhicll the following particulars shall he recorded :- The name and address of the holder of a log book. Particulars of holder's licence (if any) to act as a member of the flight crew of an aircraft. The name and address of his employer (if any). Particulars of all flights made as a member of the flight crew of aircraft, including- (c) the date, time, duration and places of arrival and departure of each flight h) the type and registration marks of the aircraft H the capacity iii which the holder acted in flight (~7) particulars of any special conditions under which the flight was conducted, including night flying and instrument flvin~: (e) particulars of any test or examination undertaken whilst in flight. I1~.sfi?u't/on ?1~ 19.- 1 ) A person shall not give any instruction in flying to any person flying or about to fly a fling machine for the ptmrpose of be- coming qualified for- a) the grant of a pilots licence : or 7) the inclusion in a pilots licence of an aircraft rating en- titling the holder of the licence to act as pilot of- i ) a multi-engined aircraft, or (ii) an aircraft of any class appearing in column 4 of the Table in Part A of the First Schedule to this Order, if he has not been previously entitled under the Act, or qualified in any of Her Majesty's naval, military or air forces, to act as l)ilOt of a multi-engined aircraft, or of an aircraft of that class, as the case may be: 01' ~c) the inclusion or variation of any rating, other than an air- craft rating in a pilot s licence. unless :- (i) the persop giving the instruction holds a licence, granted or rendered valid under this Order, entitling him to act as pilot in command of the aircraft for the purpose and in the circum- stances under which instruction is to be given ; and (ii) such licence includes a flying instructor's rating or an assistant flying instructor's rating entitling the holder, in accord- PAGENO="1417" AIR LAWS AND TREATIES OF THE WC)IILD 2517 ance with the privileges specified in tile Ninth Schedule to this Order in respect of that rating. to give the instruction and (iii) if payment is made for the instructioll, such licence en- titles tile holder to act as 1)ilOt in command of an aircraft flying for the i~ui~pose of public tra fl51)01t Provided that sub-paragraph (iii) of this paragraph shall not apply if the. aircraft is owned, or is operated under arrangements entered into, by a flying club of which both the pe~on giving and the person receiving the inst ruction are members. (~) For tile purpose of this Article payment. shall be deemed to be made for instruction if any reward is given or promised by any person to any other P~ son in consi(leration of tile flight being made or of the instruction being given or if tile instructIon is given by a person em- ployed for reward primarily for tile purpose of giving such in- struction. Glede~ piiot-nnnhnuim age 20.-A 1)eison under the age of sixteen years shall not act as pilot iii command of a glider. PART IV. OPERATION OF AIRCRAFT Operations J[anual 24.-(1) An aircraft registered in the Colony shall not fly for the istered in the Colony except aircraft used for the time being solely for flights not. intended to exceed GO minutes in duration, which are either- (a) flights solely for tralning persons to perform duties in an aircraft, or (b) flights intended to begin and end at. the same aerodrome. (~) (a) The operator of every aircraft. to which this Article ap- plies shall- (i) make available to each member of his operating staff an operations manual, and (ii) ensure. that. each copy of the operations manual is kept up to date and tha.t one. copy thereof is carried on each flight so as to be availaule to the members of the flight crew. b) Each operations nianual shall contain all such information and. instructions as may be necessar to enable the operating staff to per- form their duties as such inclucl~ng ~ l)~~~t1c11lar, information and in- structions relating to the matters specified ill Part A of the Tenth Schedule to this Order: Provided that the operations manual shall not be required to con- tain any information or instructions available in a. flight manual ac- cessible to the persons by whom the imiformat ion or instructions may be required. ~ ) Time operator of the aircraft shall, if tiie Governor shall so require, furnish the Governor with a copy of tile whole of the opera- tiotis manual for the time being in effect, or of such i)al'ts thereof as tile Governor may specify. `ihe operator shall make. such amend- ments of or adiditions to the operations manual as tile Governor may require for the ptirpose of ensuring the safety of the aircraft or of per- SOilS or property carried therein or the safety. efficiency or regularity of air navigation. PAGENO="1418" 2818 AIR LAWS AND TREATIES OF THE WORLD (4) For the purpose of this Article and the Tenth Schedule to this Order "operating staff" means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to eiisure that the. flights of the aircraft are conducted in a safe manner, and iiicludes an operator who himself performs those functions. Pub lie transport-operators' responsibilities 22.-(1) The operator of an aircraft registered in the Colony shall not permit the aircraft to fly for the purpose of public transport with- out first- (e) designating from among the flight crew a pilot to be the commander of the aircraft for the flight; and (b) satisfying himself by every reasonable means that the aeronautical radio stations and navigational aids serving the in- tended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and (c) satisfying himself by every reasonable means that the aero- droines at which it is intended to take-off or land and any alter- nate aerodrorne at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped to ensure the safety of the aircraft and its passengers: Provided that the operator of the aircraft shall not be required to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of an accident. (2) The operator of an aircraft registered in the Colony shall not permit any person to be a member of the crew thereof during any flight for the purpose of public transport (except a. flight for the sole purpose of training persons to perform duties in aircraft) unless such person has had the training, experience, practice and periodical tests specified in Part B of the Tenth Schedule to this Order in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties, and in particular to use the equipment provided in the aircraft for that pur- pose. The operator shall maintain, preserve, produce and furnish information respecting, records relating to the foregoing matters in accordance with Part B of the said Tenth Schedule. Public tra~msport -loading of aircraft 23.-(1) The operator of an aircraft registered in the Colony shall not cause or permit it to be loaded for a flight for the purpose of public transport except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that- (a) the load may safely be carried on the flight, and (b) any conditions subject to which the certificate of airworthi- ness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft, are complied with. (2) The. instructions shall indicate the weight of the aicraft pre- pared for service. that is to say the aggregate of the basic weight (shown in the weight schedule referred to in Article 12 of this Order) aimd the weight of ~iicl~ aclditioiial h ems, in or on the aircraft as the oI)erator thinks fit to include ; amid the inst luctions shall indicate the PAGENO="1419" AIR LAWS AND TREATIES OF TEE WORLD 2819 additional items included in the weight of the aircraft prepared for service, and shall show the position of the centre of gravity of the aircraft at that weight: Provided that this paragraph shall not apply in relation to a flight (a) the aircraft's maximum total weight authorised does not exceed 2,500 lb., or (b) the aircraft's maximum total weight authorised does not exceed 6,000 lb. and the flight is intended not to exceed 60 min- utes in duration and is either- (i) a flight solely for training persons to perform duties in an aircraft, or (ii) a flight intended to begin and end at the same aero- drome. (3) The operator of an aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in paragraph (1) of this Article. (4) The person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the prescribed requirements, and shall (un- less he is himself the commander of the aircraft) submit the load sheet for examination of the commander of the aircraft who shall sign his name thereon: Provided that the foregoing requirements of this paragraph shall not apply if- (a) the load and the distributing and securing thereof upon the next intended flight are to be unchanged from the previous flight and the commander of the aircraft makes and signs an endorse- ment. to that effect. upon the load sheet for the previous flight, in- dicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destina- tion oi~ (b) paragraph (2) of this Article does not apply in relation to the flight. (5) One copy of the load sheet shall be carried in the aircraft when Article 51 of this Order so requires until the flights to which it relates have, been completed and one copy of that. load sheet and of the in- struct.ions referred to in this Article shall be preserved by the operator until the expiration of a period of 6 months thereafter and shall not be carried in the aircraft. Pub7~e t~an-sport--opei'ath~q eoi~Jition~ 24~-(1) ~n aircraft. registe.re(l in the Colony shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft., unless such requirements as may be prescribed in respect of its weight and related performance are complied with. (2) The assessment of the ability of an aircraft. t.o comply with paragraph (i~ of this Article shall be based on time information as to its performance contained in the certificate of airworthiness relating to the aircraft. In the event of the information given therein being insufficient, for that nurpose sncli assessment shall be based on the best information availchle to the commanler of the rc1~;1 ft. PAGENO="1420" 2S20 AIR LAWS AXD TREATIES OF THE WORLD Ci) ~U(h requirements as may be pre.ScriI)e(l in respect of the weather (oil(ljtiuns i'equired for take-oft'. approach to landing and landing shall he coniplie(l wit Ii in respect of every aircraft to which Article ~1 of this Order ~pi~' ies. 4) A f1vin~r niac'hine re~i ~tered in the Colon when flying over water for t he purpose of public transport shall fly, except as may be ne('essarv for the purpose of take-off or landing, at such an altitude as would enable the aircraft- Ci) if it has one engine only, in the event of the failure of that engine. (~) if it has more than one engine, in the event. of the. failure of one of those engines and with the remaining engine or engines °l era I i1i~ \V thin the in ax i mum ~ont muons power conditions specihe 1 in I lie eertlh `ale ot airivort1iines~s relating to the airerait, to re~u1i a l)laee at ~vliicli it can safely land at a height sufficient to enal)le it to (ho so. ;~ ) Without lweiu~ice to the provisions of paragraph (4) of this Ai't ide, ~IiI aeroplane in respect of whu'li there is iii force under this Onlei' a. certificate of aii'worthiness designating the aerOj)lane as be- ing of 1)erfoI'm111~e group X shall not fly over water for the. purpose of public transport so as to le more than 61) minutes flying tune from the nearest sIioi'e, unless the aeroplane has more than two power units. For tile purposes of I his paragraph. flying time shall be calculated at iioi'i~al cruising speed \Vitii One power unit inoperative. 4;,~,,,ff i~~f ,e~i~fcivJ ;,~ f/ic I o/o1/-~"cft.t/dei' eo1id~fio;~.! 25.- ( 1) An aircl'a ft registered in a country other than the Colony shall not fly for the purpose of public transport unless the operator thereof shall have fui'nislied to the Governor such particulars as he m;lv from time to time have required relating to the weather condi- t ions sj)eci lied by the. operator in relation to aerodromes in the Colony for the piii'pose of limiting their use by tlìe aircraft for take-off or landiiig. ini'i tiding aiiv instructions given iv the operator in relation to such weather condu ions. 2) The aircraft shall not begin or end a flight at an aerocirome in the Colony ni weather cond~t ions less favourable than those so speci- lied iii relat ~cn lo that aei'odronie. or in contravention of the instruc- tiolis referred to ill I oii'agi'aph 1) of this Article. J),( -t/ic//i t if;oi~ /~ `oiismi,,~7ii' of ;,`~,ifr 26. The comtiiander of an aircraft registeredi in the Colony shall satisfy hiiiiiseif befoi'e the aircraft takes off- that t lie fi iglit can safely be made, taking into account the hat est iii formation available as to the route and aerodromes to be use(l, the \veatllel' reports and forecasts available, and any alterna- tive course of act ion which can be adopted in case the flight can- not `01111 )Ieted as planned: b ) that the equipment ( including radio apparatus) required by or under this Order to be cai'ried is carried and is in a fit con- dition for use (c) that the aircraft is in every way fit for the intended flight., and that where certificates of maintenance, are required by para- graph (1) of Article 6 of this Order to be in force, they are in force and will not cease to be iii force during the intended flight; PAGENO="1421" AIR LAWS AND TREATIES OF THE WORLD 2821 (d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight; (e) in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant if required) are carried for the in- tended flight, and that a safe margin has been allowed for contin- gencies. and, in the case of a flight for the ~UV~OS~ of public trans- port, that the instructions in the operations manual relating to fuel, oil and engine coolant have been complied with (/1') in the case of an airship or balloon that sufficient ballast is carried for the intended flight: (q) in the case of a flying machine, that, having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of de- parture and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of in- tended destination; (It) that any pre-flight cheek system established by the operator and set forth in the operations manual or elsewhere has been coni- plied with by each member of the crew of the aircraft. Pilots to remain at control~s 27. The. commander of an aircraft registered in the Colony. being a flying machine or glider, shall cause one pilot to remain at the controls at all times while the aircraft is in flight. If the aircraft is required by or under this Order to carry two 1)ilots, the commaiider shall cause both pilots to remain at the controls (luring take-oil and landing. Each pilot, at the controls shall be secured in his seat by either a safety belt or a safety harness except that during take-off all(l landing a safety harness shall be. used if it is required by Article 9 of this Order to he Provided. Pub 7/c ti('li sport of p .s.seiiqei8-(IUt2eS of (0111 flU' rIder 28.- (1) This Article applies to flights for tlìe i~ti~'pose of the public transport of passengers by aircraft registered in the Colony. (~) In relation to every flight to which this Article applies the com- mander of the aircraft. shall- (a) before the aircraft takes oil. take all reasonable steps to ensure that all passengers are made familiar with the 1)OsitiOfl and met hio [ of use of ci~ieIgencv exits. sa fetv belt ~. ~afetv harnesses and lifejackets. and all other devices required by or under this Order and intended for use by passengers individuall in case of an emergency occurring to the aircraft Provided that. in relation to ]ifejackets this requirement may. except in the case of a seaplane, be complied with at any time be- fore the aircraft reaches a point beyond gliding distance from land: 7) if the aircraft is not. a. seanlane but is intended in the cour~e hf the flight to retichi a point more than 30 minutes flying time whule. living in still air at tile speed specif~e.d in the rele- vant. certiticate of airworthiness as the speed for compliance with regulations governing flights over water) from the nearest land, take all reasonable stel)s to ensure that before that point PAGENO="1422" 2822 AIR LAWS AND TREATIES OF THE WORLD is reached, all passengers are given a practical demonstration of the method of use of the lifejackets required by or under this Order for the. use. of passengers; c) if the aircraft. is a. seaplane, take all reasonable steps to en- sure that before the aircraft. takes off all passengers are given a. practical demonstration of the method of use of the. equip- ment, referred to in the preceding sub-paragraph; (d) before the aircraft take.s off, and before it. lands, take all reasonable steps to ensure that. the crew of the aircraft are prop- erly secured in their seats and that the person, if any, carried in compliance with paragraph (5) of Article II of this Order is secured in a seat. which shall be in a passenger compartment and which shall be so situated that. he. can readily assist passengers; (e) before the aircraft takes off, and before it lands, and when- ever by reason of turbulent. air or any emergency occurring dur- ing flight he. considers the precaution necessary, take all reason- able steps to ensure that all passengers are properly secured in their seats by safety belts or safe.t.y harnesses; (f) in any emergency, take all reasonable steps to ensure that all passengers are. instructe.d in the emergency action which they should ta.ke; (g) except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments through- out the flight, take all reasonable steps to ensure that- (i) before the aircraft. reaches a.n altitude of 13,000 feet above mean sea. level, the method of use of the oxygen pro- vided in the aircraft. in compliance with the requirements of Article 9 of this Order is demonstrated t.o all passengers; (ii) on reaching such altitude all passengers are recom- mended to use oxygen; (iii) at all times when t.he aircraft is flying at. an altitude exceeding 13,000 feet above mean sea level, oxygen is used by all the crew of the aircraft. Operation of radio in aircraft 29.-(1) The radio station in an aircraft shall not be operated, whether or not. the aircraft is in flight., except in accordance with the conditions of the license issued in respect of that station under the law of the country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under tha.t law. (2) WThenever an aircraft is in flight in such circumstances t.ha.t it is required by or under this Order to be equipped with radio com- munication apparatus, a continuous radio watch shall be maintained by a member of t.he flight, crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautica.l radio station, for use by that. air- craft.: Provided that- (a) the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and (~) tb~ \c~t~th m~y be k~pt by ~ d~vie~ installed in the aircraft if- PAGENO="1423" AIR LAWS AND TREATIES OF THE WORLD 2823 (i) the appropriate aeronautical radio station has beeii informed to that effect and has raised no objection; and (ii) that station is notified, or in the case of a station situ- ated in a country other than the Colony, otherwise designated as transmitting a signal suitable for that. purpose. (3) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical tele- communications or navigational services, and in particular emissions shall not be made except as follows :- (a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical prac- tice, in the airspace ui which the aircraft is flying; (b) distress, urgency and safety messages and signals, in ac- cordance with general international aeronautical practice; (c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; (d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in para- crraph (1) of this Article. (4~ In every aircraft registered in the Colony which is equipped with radio communication apparatus a telecommunication log book shall he kept in which the following entries shall be made :- (a) the identification of the aircraft~ radio station; (b) the date and time of the begiirning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained; (c) the date and time, and particulars of all messages and sig- nals sent or received, including in particular details of any dis- tre.ss traffic sent or received; (d) particulars of any action taken upon the receipt of a dis- tress signal or message; (e) particulars of any failure or interruption of radio com- munications and the cause thereof: Provided that a telecommunication log book shall not be required to be kept in respect of communication by radiotelephony with a radio station on land or on a ship which provides a radio service for aircraft. (5) The flight radio operator maintaining radio watch shall sign the entries in the telecommunication log book indicating the times at which he began and ended the maintenance of such watch. (6) The telecommunication log book shall be preserved by the op- erator of the aircraft until a date six months after the date of the last entry therein. (7) In any flying machine registered in the Colony which is en- gaged on a flight for the purpose of public transport, the pilot and the flight, engineer (if any) shall not make use of a hand-held micro- phone (whether for the purpose of radio communication or of inter- communication within the aircraft~) whilst the aircraft is flying in controlled airspace at~ an altitude less than 15,000 feet above the mean sea level or is taking off or landing. Towing of gliders 30.- (1) An aircraft in flight shall not tow a glider unless the cer- tificate of airworthiness issued or rendered valid in respect of the PAGENO="1424" 2S24 AIR LAWS AND TREATIES OF THE WORLD towing aircraft under the law of the country iii which that aircraft is registered includes an express provision that it. may be used for that purpose. (~) The length of the combination of towing aircraft.. tow rope and glider in flight shall not exceed 500 fe.et.. (3) The commander of an airc.raft which is about to tow a glider shall satisfy himself, before the towing aircraft t.akes off- (a) that. the tow rope is in good condition and is of adequate strength for the purpose. and that the combination of towing air- craft and glider is capable of flying in the manner referred to in paragraph (g) of Article 26 of this Order; (b) that. signals have been agreed and communication estab- lisheci with persons suitably stationed so as to enable the glider to t.ake off safely; (a) that emergency signals have been agreed between the corn- inandei' of the towing aircraft. a.nd the commander of the glider, to be used, respectively, by the commander of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the commander of the glider to indicate that the tow cannot be released. ~4) The glider shall he attached to the towing aircraft by means of the tow rope before the aircraft takes off. Towing. pic1~icg up and rasing of pel'sons and articles 31.-(1) Subject to the provisions of this Article, an aircraft in flight shall not., by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article unless the certificate of airworthiness issued or rendered valid in re- spect. of that aircraft. under the. law of the country in which the air- craft. is registered includes an express provision that it may be used for that purpose. (2') An aircraft in flight shall not tow any article, other than a glider, at night or when flight, visibility is less t.ha.n one mile. (3) The length of the combination of towing aircraft., tow rope, and article in tow, shall not. exceed 500 feet. (4) A helicopter shall not fly at. any height over a congested area of a city, town or settlement at. any time when an article., person or animal is suspended from the helicopter. (5) Nothing in this Article shall- (a.) prohibit. the towing in a. reasonable manner by an aircra.ft in flight of any radio aerial, any instrument which is being used for experimental purposes. or any signal, apparatus or article required or permitted by or under this Order to be. towed or dis- played by an aircraft in flight.: (b) prohibit the. picking up or raising of any person, animal or article in an emergency for the purpose of saving life; (a) apply to any aircraft. while it. is flying in accordance with t.he "B Conditions"' set forth in the Second Schedule to this Order: (d) be taken to permit the. t.owing or picking up of a glider otherwise than in accordance with Article 30 of this Order. PAGENO="1425" AIR LAWS AND TREATIES OF THE WORLD 2825 Dropping of peiso?ls and a it ides 32.-(1) Articles and animals (whether or not. attached to a para- chute) shall not be. dropped, or permitted to drop, from an aircraft in flight. so as to endanger persons or property. (2) Articles~ animals and persons (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft. flying over the Colony: Provided that. this pragraph shall not apply to the descei~t of persons by parachute from an aircraft in an emergency, or to the dropping of articles by, or with the authority of, the commander of the aircraft in the following circumstances :- (a) the dropping of articles for the purpose of saving life; (b) the jettisoning, in case of emergency, of fuel or ot.he.r arti- cles in the aircraft (e) the dropping of ballast in the form of fine sand or water; (d) the dropping of articles solely for the purpose of navigat- ing the aircraft in accordance with ordinary practice or with the provisions of this Order; (e) the dropping at an aerodrome in accordance with pre- sc.ribe.d regulations, of ropes, banners or similar articles towed by aircraft. (3) For the puiposes of this Article dropping includes projecting and lowering. (4) Nothing in this Article shall prohibit. the. lowering of any per- son, animal or article from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the counti-y in which it. is registered includes an ex- press provision that it. may be used for that purpose. Carriage of munitions of war 33.-(1) An aircraft shall not carry any munitions of war. (2) It shall be unlawful for any person to take. or cause t.o be taken on board an aircraft., or to deliver or cause to be delivered for carriage thereon, any goods which he knows or has reason to believe or suspect to be munitions of war. (3) For the purposes of this Article. "munitions of war" means such weapons and ammunition as are designed for use in warfare. Carriage of dangerous goods 34.- (1) Dangerous goods shall not, be carried in an aircraft except as follows:- (a) goods carried in accordance with ally regulations which the Governor may make to permit dangerous goods to be carried either in a.ircraft generally or in aircraft. of any class specified in the regulations; (b) goods carried with the written permission of the. Governor, a.n(l in accordance with any conditions to which such permission may be subject; (c) goods carried in an aircraft. with the. consent. of the. operator thereof for the purpose of ensuring t.he proper navigation or safety of tile aircraft or tile well-being of any person on board; (d) goods pe.rnlitted to be carried under the. laws of the country in which tile aircraft. is registered., if there. is in force in relation to such country an agreement. het.wee.n T-Ier Majesty's Govern- 39-737.~ ]3-s-O~ II-90 PAGENO="1426" 2S26 AIF~ LAWS AXD TREATIES OF THE WORLD merit in the Fnited Kingdom and the Government of that country permitting the carriage of dangerous goods within the Colony in aircraft registere(l in that. country. (2 ) T)angerous goods permitted by or under this Order to be car- ned in an aircraft shall not be loaded as cargo therein unless:- (a) the. consignor of the goods has furnished the operator of the. aircraft with particulars in writing of the nature of the goods and the danger to which they give rise: and ~) the goods or any container in which they are packed are clearly marked so as to indicate that danger to the person load- ing the goods in the aircraft. The operat~r of the aircraft shall, before the flight begins, inform the. commander of the aircraft of the identity of the goods, the dan- ge.r to which they give rise and the weight or quantity of the goods. (3) It shall be unlawful for any person to take or cause to be taken on l)oard an aircraft, or to deliver or cause t.o be delivered for loamng thereon, any goods which he knows or has reason to believe or suspect. to l)e dangerous goods the carriage of which is prohibited by this Article. (4) ~fl~ provisions of this Article shall be. additional to and not in derogation from the l)rovisions of Article 33 of this Order. Method of carr;age of pei'~o1rs 35. A person shall not be in or on any part of an aircraft in flight which is not a part. designed for the accommodation of persons and in particular a person shall not be on the wings or undercarriage of an aircraft.. A person shall not. be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight: Provided that a person may have temporary access to- (a.) any part of an aircraft. for the purpose of taking action necessar for the safet of the aircraft or of any person, animal or goods therein ~h) any part. of an aircraft. in which cargo or st.ores are car- ried, be.ing a part which is designated to enable a person to have access theret.o while the aircraft is in flight. Exts and bi'eak-in. ?nai'king.9 36.-(1) This Article shall apply to every public transport aircraft registered in the Colony. (~) Whenever an aircraft. to which this Article applies is carrying passengers, every exit therefrom and every internal door in the air- craft. shall. dui'ing take-off and landing and during any emergency, be kept. free of obstruction a.nd shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers: Provide.d that an exit may be obstructed by ca.rgo if it is an exit which, in accordance with arrangements approved by the Governor, either generally or in relation to a class of aircraft or a. particular aircraft, is not. required for use by passengers. (3) Every exit from the aircraft, being an exit intended to be used by passengers in normal circumstances, shall be marked with the word "Exit" in capital letters and every exit, being an exit intended to be used by passengers in an emergency only, shall be marked with the words "Emergency Exit" in capital letters. PAGENO="1427" ATE L.\W5 AXI) TREATIES OF THE WORLD 2827 (4) (a) Every exit from the aircraft shall be marked with instruc- tions in English and in such other language or languages, if any, as may be prescribed, and with diagrams, to indicate the correct method of opening the exit. (() The. markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it is openable from the outside of the aircraft, on or near the exterior surface. (5) (a.) Every aircraft to which this Article applies, being an aircraft of which the maximum total weight authorised e.xceeeds 8,000 lb., shall be marked upon the exterior surface of its fuelage with markings to show the areas (in this paragraph referred to as "break- in areas") which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft. (b) The break-in areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 4 inches in length along its outer edge and 1 inch in width. ~ T he words "Cut Here in Emergency" shall be marked across the centre of each break-in area in capital letters. (6) The markings required by this Article shall- (a) be painted, or affixed by other equally permanent means; (b) be red in colour and, in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white. or some other contrasting colour in such a manner as to render them readily visible; (e) be kept at. all times clean and unobscured. Inlpertii~.ng safety of aircraft 37. A person shall not wilfully or negligently act in a manner likely to endanger an aircraft, or any person therein. Imperilling .~afety of a'ny person or property 38. A person shall not wilfully or negligently cause or permit an air- craft to endanger any person or property. Drunkenness in aircraft 39.-(1) A person shall riot enter any aircraft when drunk, or be drunk in any aircraft. (2) A person shall not., when acting as a member of ti'e crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act. Snw/eing in aircraft 40.-(i) Notices indicating when smoking is prohibited shall be exhibited in every aircraft. registered in the Colony so as to be visible from each passenger seat therein. (2) A person shall not smoke in any compartment of an aircraft registered in the Colony at a time when smoking is prohibited in that compartment by a notice to that. effect exhibited by or on behalf of the commander of the aircraft.. Authority of conrino~'nder of aircraft 41. Every person in an aircraft registered in the Colony shall obey all lawful commands which the commander of that aircraft may give PAGENO="1428" 2S2S AIH LAWS AND THEATIES OF THE WORLD for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation. ~t() £~`~7 42. A person ~ha11 not secrete himself for the purpose of being car- rie(l in an airci ift without the consent of either the operator or the commander t hereof or of any other person entitled to give consent. to his l)eiflg carrje(l in the aircraft. PART V. FATIGL-E OF FLIGHT CREW Appl;at/ol?. mteipIet(it;o/~ (`fl(/ mod eflcatwn of Part V 43.- ( 1) Articles 44 to 48. inclusive, of this Order apply in relation to an aircraft if. but only if. it is an aircraft registered in the Colony which is either- ((1) engaged on a flight for the purpose of public transport, or (b) operated by an air transport undertaking: Provided that the said Articles shall not. apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or a flying school. or a person who is not an air transport undertaking. (2) In this Part of this Order. the following expressions shall, except where the context otherwise requires, have the meanings hereby respectively assigiied to them, that is to say- (a) ~flight time", in relation to any person, means all time spent by that pel'son in an aircraft while it is in flight and he is carried therein as a member of the flight crew thereof: (Ii) ~cluty period", in relation to any person who flies in an aircraft as a member of the flight crew thereof, means any con- tinuous period throughout which he is, under the provisions of paragraph (3) or (4) of this Article, to be treated as being on duty Provided that where two or more periods which would, but for this proviso, be separate duty periods are separated by an interval of less than 10 hours, the period starting when the first of those duty periods began and finishing when the last. of them ended shall be treated as constituting a single continuous duty period: (a) "rest period, in relation to any person, means any con- tinuous period no part of which forms part of a duty period of that person. (3) For the purposes of this Part of this Order, a person who is employed under a contract of service to fly in an aircraft as a member of the flight crew thereof shall be treated as being on duty at any time when in the course of that employment he flies in any aircraft (whether as a meniber of its crew or as a passenger and whether or not the air- craft is such an aircraft as is referred to in paragraph (1) of this Article) or he is otherwise acting in the course of that employment: Provided that when he is not flying in an aircraft- (a) subject to paragraph (a) of this proviso, he shall not be treated as being on duty during any period which lie is allowed for rest PAGENO="1429" AIR LAWS AND TREATIES OF THE WORLD 2829 (5) subject to paragraph (r) of this proviso, he shall not he treated as being on duty at any time by reason only of his being required at that time to be available at pai'ticular place to report for duty if required to do so: (c) lie shall be treated as being on clut at any time when he is required to be available at a particular Place to report for duty if required to do so if- (i) that place is at an aerodrome or ii) that place, not being at an aerodrome. is a place at which his employer requires persons similarly employed to be available as aforesaid and adequate facilities for rest are not available for his use while he is required to be so available. (4) For the purposes of this Part of this Order, a person who flies iii an aircraft as a member of the flight crew thereof, otherwise than in the course of his employment under a contract of service to fly as afore.- said, shall be treated as being on duty at any time when, in connection with any business of operating aircraft, lie flies in any aircraft (whether as a member of its crew or as a passenger and whether or not the aircraft is such an aircraft as is referred to in paragraph (1) of this Article) or does any work. (5) For the purposes of this Part of this Order, references to a per- son flying iii an aircraft as a member of the flight crew thereof include references to the operator of the aircraft who hiiiiself flies in the air- craft in any such capacity and references to the work and other duties which a person is required or permitted by an operator to carry out shall in any such case be construed as references to any work carried out by that operator in connection with time management of aircraft or with any business which includes the flying of aircraft. (1) Notwithstanding the J)rovisions of this Article and Articles 44 to 50 of this Order, the Governor may by regularirims modify or replace the provisions of this Article (other timaim thL )aragraph) or any or all of those Articles in their application to time Colony if he con- siders that the prevention of excessive fatigue of the flight crew of aircraft registered in the Colony will tnereby he more suitably ensured. Dn';es of opciator~ to prereiit exee.~;'c fafque of flight crew 44. It slmal 1 be the duty of every operator of aim a i icra ft to which this Article applies to ensure, as respects each l)erson flying as a member of the flight crew of that aircraft, that time periods (luring which that person is required or permitted 1w that operator to carry out any work or other duties are so limited in length and frequency. and that that lerson is afforded such periods for rest, that his said work and duties are not likely to cause him such fatigue while he is flying m the air- craft as may endanger the safety thereof. E.~tab7~/irncr,t of lhnits o'n fl;~ht time~. fly;ng (l~ity period~ and rest period.9 45.-(1) Without prejudice to the provisions of Article 44 of this order, and for the purposes of securing that the requirements of those provisions are complied with, every operator of an aircraft to which this Article applies shall establish for every person flying in that air- craft as a member of the flight crew thereof- (a) limits on the a~gregate of all his flight times (luring every period of ~i0 consecutive days. PAGENO="1430" 2830 AIR LAWS A~D TREATIES OF THE WORLD ~) limits on his flying duty periods, and (c) minimum rest periods which lie is to have immediately before any duty period in the course of which he makes any such flight as aforesaid, being limits and minimum rest periods which the operator is satisfied after taking into account the matters mentioned in paragraph (2) of this Article, are such that, if every member of the flight crew observes those limits and has those minimUm rest periods, the safety of the air- craft. on any flight is not likely to be endangered by reason of any fatigue which may be caused by the work or other duties which the menibers of the flight crew are required or permitted by that operator to carry out. Different limits and different, minimum rest periods may be established either for different persons or for different classes of persons and for different circumstances. (2) The matters which an operator shall take into account in estab- lishing under paragraph (1) of this Article limits and minimum rest periods as therein mentioned for the persons therein mentioned are t.he nature of the work and other duties which those persons will carry out and all circumstances arising out of the carrying out of that work and those duties which may affect the degree of fatigue from which those persons may suffer while they are making a flight in an aircraft to which this Article applies in any such capacity as is mentioned in the said paragraph (1). (3) No limits or minimum rest periods may be established under paragraph (1) of this Article which would require or permit any per- son to fly in any aircraft at a time when such flying would constitute a contravention of any of the provisions of Articles 46, 41 and 49 of this Order. (4) An operator of an aircraft to which this Article applies shalT not permit that aircraft to make a flight, unless limits a.nd minimum rest periods have been established in accordance with t.he foregoing provisions of this Article so as to apply to every member of t.he flight crew thereof. (5) Every operator of an aircraft to which this Article applies shall take all such steps as are reasonably practicable to secure that all limits for the time being established by that operator in accordance with the foregoing provisions of this Article are observed and that no person for whom minimum rest. periods are for the time being so established makes any flight in an aircraft to which this Article applies unless, im- mediately before the duty period in the course of which he makes the flight, he has had the appropriate rest period so established. (6) Notwithstanding anything contained in the foregoing provi- sions of this Article, an operator of an aircraft to which this Article applies may confer upon the commander of that aircraft a discretion to make, or authorize any person to make a flight, in that aircraft in such circumstances that the commander or, as the case may be, that other person will not observe the limits or will not have had the mini- mum rest. period established h\~ that operator tinder the foregoing pro- visions of this Article and applicable to the commander or that. other person: Provided that the said discretion shall not be exercisable unless the following conditions are fulfilled, that i~ to ~ny- PAGENO="1431" AI1~ LAWS AND THEATIES OF THE WOELD 2831 (a) that it appears to the commander- (i) that arrangements had been made for the flight to be made with such a crew and so as to begin and end at such times that if the flight had been made in accordance with those arrangements each member of the crew would have ob- served the limits and have had the minimum rest periods es- tablished by the. operator and applicable to them as afore- said, and that. since those arrangements were made the flight has been or will be pi~vented from being made in accordance with those. arrangements by reason of exceptional circum- stances or by reason of circumstances which were not foreseen as likely to prevent, that flight from being so made, or (ii) that the flight is one which ought to be carried out in the interests of the safety or health of any person. and (b) that the commander is satisfied that the safety of the air- craft on that flight will not be endangered if he. or that other per- son makes that flight. (7) Every operator of an aircraft to which this Article applies shall include in every operations manual to be provided under Article 21 of this Order for the use and guidance of the members of the flight crew of that aircraft, or, in any case where no such manual is required to be provided by that Article, in a document which shall be provided for the use and guidance of t.hose members, full particulars of all limits and minimum rest periods for the time being established under the foregoing provisions of this Article which may affect any of those members, a.nd of any discretion conferred upon the. commander of that aircraft under paragraph (6) of this Article and (without prejudice to the provisions of Article 21 of this Order) every such opera.tor shall, whenever requested to do so by a person authorised in that be- half by the Governor, furnish that person wit.h a copy of all par- ticulars from time to time included in any such operations manual or document in accordance with t.he requirements of this paragraph. (8) In this Article the expression "flying duty period", in relation to any person, means the time, reckoned from the beginning of each duty period of that person, in the. cou.rse of which he is permitted to make any flight to which this Article applies and a.fter expiration of which he is not in the course of the same duty period, to make any such flight. Macdnwrn flyng duty periods for pilots and ~iqh.t enghmeers 46.-(1) Without prejudice to the provisions of Article 44 of this Order a person shall not fly in an aircraft to which this Article applies as a pilot or flight engineer thereof in the course of any duty period of that person after more than the specified time has elapsed since the beginning of that duty pe.riod. (2) In paragraph (1) of this Article the expression "the specified time" means- (a.) in relation to a. person who flies in an aircraft as the. onh' pilot thereof. 12 hours: Provided that if before. the commencemert of that fli~ht and during the duty period in the course of which he makes that flight, there has been a period of not less than seven cont1riuous hourA throughout which that person has not flown in any air- PAGENO="1432" 2832 AIR LAWS AND TREATIES OF THE WORLD craft, the foregoing provisions of this sub-paragraph shall have effect in relation to that flight, as if 14 hours were substituted therein for 12 hours: (b) in relation to a person who flies as a pilot, of an aircraft. in which two or more persons are carrie.d as pilots thereof, 16 hours: Provided that the foregoing provisions of this sub-paragraph shall have effect in relation to that flight as if 24 hours were sub- stituted therein for 16 hours if three or more persons are carried in the aircraft as pilots thereof and the following conditions are fulfilled :- (i) at. least two of the pilots are duly qualified by their re- spective licences to act as a commander of the aircraft for the purposes of that flight: (ii) at least one of the pilots is carried in addition to those members of the flight crew who are required to be carried in the circumstances of the flight by or under this Order: (ui) suitable facilities for sleeping are available for the use of at least one of the pilots at all times throughout the flight: and (iv) each of the pilots has, during the duty period in the course of which that flight is made and before the end of that flight, been afforded opportunities of resting for a. reasonable time: (e) in relation to a person w-ho flies as a flight engineer of an aircraft, 16 hours: Provided that the foregoing provisions of this sub-paragraph shall have effect in relation to that flight as if 24 hours were sub- stituted therein for 16 hours if two or more persons are~ carried in the aircraft as flight egineers thereof and the following conditions are fulfilled:- (1) at least one of the fli~lit engineers is carried in addi- tion to the members of the flight crew who are required to be (arrie(l in the. circumstances of the flight. by or under this Order: (ii) suitable facilities for sleeping are available for the use of at least one of the flight engineers at all times throughout the flight: and (iii) each of the flight engineers has, during the duty pe- riod in the course of which that flight is made and before the end of that flight, been afforded opporttmities of resting for a reasonable time. Jiw'n'ivm. resf per?odR for fliqlit crew 47. Without. prejudice to the provisions of Article 44 of this Order a. per~on shall not fly in an aircraft to which this Article applies as a member of the flight crew thereof, unless immediately before the duty period in the course of which he makes that flight he had a sufficient rest period, thici is to say. i re~t ner~~sl of a lep'rfh n't less than the minimum len~i Ii speified in the first column of the. Table set Out at the end of this Article and therein set opposite to the length specified in the second column of that Table which corresponds to the len~tli of the duty period of that person which immediately precedes that rest pen 0(1. PAGENO="1433" AIR LAWS AND TREAT1LS OF THE WORLD 2833 TAPI.E Mm do uiii. !ei,.qtli c] Length of iinniediately .suf/icient rest i)criod. preceding duty period 10 hours Not exceeding 10 hours ii hours Exceeding 10 but lint exceeding 11 hours 12 hours Exceeding 11 but not exceeding 12 hours 13 hours Exceeding 12 but not exceeding 13 hours 14 hours Excee(ling 13 but not exceeding 14 hours 15 hours Exceeding 14 but not exceeding 15 hours 16 hours Exceeding 15 but not exceediiig 16 hours 18 hours Exceeding 16 hut not exceeding 17 hours 20 hours Exceeding 17 hut not exceeding 18 hours 22 hon Exceeding 18 but not exceeding 19 hours 24 hours Excee(ling 19 hut not exceeding 20 hours 26 hours Exceeding 20 but not exceeding 21 hours 25 hours Exceeding 21 but not exceeding 22 hours 30 hours Excesliiig 22 but not exceeding 23 hours 32 hours Exceeding 23 hours R~oi'd~ of flight times, duty periods f iid rest pemod.s 48.- (1) The operator of an aircraft to which this Article applies shall not cause. or permit. any person to fly therein as a member of tile flight crew thereof unless the operator has in his pOssesSion an accurate and up-to-date record maintained by him or by another operator of aircraft. in respect of that person and in respect of the 30 (laYs imme- diately preceding the flight, showing- (a) tile times of the. beginning and end of each flight in any aircraft. made by that person in the course of any of his duty periols, and (b) the times of the beginning and end of each duty period of that pei~oi~ and (c) brief particulars of the nature of the work or other duties carried out by that ieiSon durin~ each of his duty periods. (2) The Governor may prescribe the form and manner in which any records required to be kept under the last foregoing paragraph shall be kept. and where he has so prescribed the said records shall be kept. accord inglv. (3) Subject to the provisionS of Article 53 of this Order the opera- tor of the aircraft shall preserve the records referred to in paragraph (1) of this Article for a period of at least 12 months after the end of the flight, duty period or rest period to which the relate. Jlmriiiium fig/it tim es for flight etc w 49. A person shall not fly in any aircraft registered in the Colony as a member of the flight crew thereof at any time. on any day after the aggregate of all his flight times (whether arising from flight in an aircraft to which this Article applies or in any other aircraft) during the period of 30 consecutive days expiring at the end of that day amounts to 125 hours Provided that the. foregoing prohibition shall not ap~)1y to a flight. made in an aircraft which is not such an aircraft as is described in para- graph (1) of Article 43 of this Order if at the time of the flight the aggregate of all the flight times of the person making the flight since lie was last medically examined under this Order and found fit does not exceed 125 hours. PAGENO="1434" 2834 AIR LAWS AND TREATIES OF THE WORLD Provi~s'ion fo'r part ku/ar eases 50.-( 1) Notwithstanding anything contained in Articles 48,47 and 49 of this Order (hereinafter referred to as "the relevant Articles") a person shall be deemed not. to have contravened any of the provisions of those Articles by reason of a flight made at any time by that person or by another person if the first mentioned person proves- (a) that it. was due to an unavoidable delay in the completion of of the flight that the persom~ so flying was flying at that time, and (t) that the said first mentioned person could not reasonably be e.xpected to have foreseen before the flight began that the delay was likely to occur. (2) Without prejudice to the provisions of paragraph (2) of Article 74 of this Order and notwithstanding anything contained in the rele- vant. Articles, the commander of an aircraft may make, or authorise any other person to make. and that other person if so authorised may make, a flight in that aircraft which he would, but for this paragraph, be prohibited from making by virtue of any provision contained in the revelant. Articles if- (al it appears to the commander :- (i) that arrangements had been made for the flight to be made with such a crew and so as to begin and end at. such times that. no member of that crew would have been prohibited from making the flight in accordance with those arrange- ments by any provision contained in the relevant Articles. and that since those arrangements were made the flight has been or will be prevented from being made in accordance with those arrangements by reason of exceptional circumstances or by reason of circumstances which were not foreseen as like- ly to prevent that flight from being so made, or (ii) that the flight, is one which ought to be carried out in the interest of the safety or health of any person, and (b) the commander is satisfied that the safety of the aircraft on that flight will not be endangered if he or that other person makes that flight. (3) Where the commander or any other person makes a flight in an aircraft which he or that other person is permitted to make under the last foregoing paragraph, a report in writing that he or that other person has made that flight, giving full particulars of the circum- stances in which it was made and the reasons why the commander made that flight or, as the case may be, authorised t.hat other person to do so, shall be made as soon as is reasonably practicable by the com- mander to the operator of the aircraft and in any event by the oper- ator to the Governor: and the operator and the commander shall furmsh any authorised person with such further information in his possession relating to the flight and to the circumstances in which it was macic as that person may require. PART VI. DOCUMENTS Do?nen.t~9 to he carried 51.-(i) An aircraft shall not fly unless it. carries the. documents which it is requmrecl to carry under the law of the country in which it is reg~stereci. PAGENO="1435" AIR LAWS AND TREATIES OF THE WORLD 2835 (2) An aircraft registered in the Colony shall, when in flight, carry documents in accordance with the E'eventh Schedule to this Order: Provided that, if the flight is intended to begin and end at the same ~terodrome and does not include passage over the territory of any coun- try other than the Colony, the documents may be kept at that aero- drome instead of being carried in the aircraft. P.rodu.cton of documents 52.-(1) The commander of an aircraft shafl. within a reasonable time after being requested to do so by an authorised person, cause to he produced to that person- (a) the certificates of registration and airworthiness in force in respect of the aircraft; (74 the licences of its flight crew; (c) such other documents as the aircraft is required by Article 51 of this Order to carry when in flight. (2) The operator of an aircraft registered in the Colony shall, with- in a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following docu- ments as may have been requested by that person being documents which are required, by or under this Order, to be in force or to be carried or preserved (a) the. documents referred to in the Eleventh Schedule to this Order as Documents A, B and G; (b) the aircraft log book, engine log books and variable pitch propeller log books required under this Order to be kept; (c) the weight schedule, if any, required to be preserved under Article 12 of this Order; (d) in the case of a public transport aircraft or aerial work aircraft, the documents referred to in the Eleventh Schedule to this Order as Documents D, E and F; (e) any records of flight times, duty periods and rest periods which he is required by paragraph (3) of Article 48 of this Order to preserve, and such other documents and information in the pos- session or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate. (3) The holder of a licence granted or rendered valid under this Order shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person his licence, including any certificate of validation. The requirements of this para- graph shall be deemed to have been complied with, except in relation to licences required by Article 51 of this Order to be. carried in the air- craft or kept at. an aerodrome. if the licence requested is produced within five days afte.r the request has been made, at a police station in the Colony specified, at the time of the request., by the persoii to whom the request is made. (4) Every person required by Article. 18 of this Order to keep a personal flying log hook shall cause it to be. produced within a reason- able time to an authorised person after i)eing requested to do so by him within two years after the date of the last. entry therein. Prc.~e.rvation of docum ent~. etc. 53. A person required by this Order to preserve any document by reason of his being the operator of an aircraft. shall, if he ceases to be PAGENO="1436" 2.S36 A1H LAWS AND TREATIES OF THE WORLD the operator of the aircraft, continue to preserve the document as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document shall fall upon his personal representa- tive Provided that if- (a) another person becomes the. operator of the aircraft and it remains registered in the Colony he or his personal representative shall deliver to that. other pei'soii upon demand the certificates of niaintenance and compliance., the log books and the. weight sched- tile which are iii force or required to be preser~~ed in respect of that aircraft: 7) an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft. operated by another per- son and registered in the Colony he or his personal representative sii~t 11 deliver to I hat oIlier person 111)011 demand the log 1)00k relat- iiig to that eilgille 01 propeller: (c) any person in respect of whom a record has been kept by him in accordance with Article 4S of this Order becomes a mem- ber of the flight crew of a public transport aircraft registered in the Colony and operated by another le.rson lie or his personal representative shall deliver those records to that. othe.r person lT~011 demand. and it shall be the duty of that other persoli to deal with the document delivered to him as if he were the first-mentioned operator. Zi~ecocat;oii. pci~or (711(1 cai/ation of certificates. licences aiid of/icr `/o~?/jiti ~x 5-L--(l) The Governor may, if lie thinks fit, provisionally suspend any certificate, licence, approval, permission, exemption or other docu- ment issued or granted under this Order, pending investigation of the case.. The Governor may. on sufficient ground being shown to his sat ~s±act IOu It II el dime Ii1(1l1IIV. revoke, susl)eIId or vuirv aiiv such (er- t iliat e. hiemic. approval, peimiiissio~m, exemption or other document. 2) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other docu- ment which has been revoked, suspended or varied under this Order shall surrender it to the Governor within a reasonable time after being required to do so by him. 3) The breach of any condition subject. to which any certificate, licence. approval. permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued under this Order shall render the document. invalid during the con- tinuance of the breach. ii ~ o i'c7a t;o it to (/0cc/it e itf.~ 55.-(l') -~- i~"~°~ shall not with intent to deceive- (i) use any certificate, licence, approval, permi~sion, exemp- tion or other document issued or required by or under this Order which has been forged, altered, revoked or suspended. or to which he is not entitled: or (7) use any certificate, licence, approval, permission, ex- emption or other document isstied or required by or under this Urdei' to. or allow it to be used. any other person: or PAGENO="1437" AIR LAWS AND TREATIES OF THE WORLD 2837 (c) make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or varia- tion of any such certificate, licence, aJ)proval. permission or ex- emption or other document.. (~) A persoi~ shall not wilfully mutilate, alter or render illegible any log book or other record required by or under this Order to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it. is required under this Order to be preserved. (3) All entries in such log books and records shall be 1nade in ink or indelible peiicil. (4) A person shall not wilfully or negligently make in a load sheet any entry which is incorrect in any material particular, or any ma- e.rial omission from such a load sheet.. (h) A person shall not purport to issue any certificate of mainte- nance. or certificate of compliance or any certificate under Condition (3) of the "A Conditions" set forth in the Second Schedule to this Order unless he is authorised to do so under t.his Order. (ti) A person shall not issue any such certificate as aforesaid unless he has satisfied himself that. all statements in the certificate are correct.. PART VII. Coxmor.~ or Am TIiAFFic Thuds of time A ;~ and Air Traffic Con frof 56.-( 1) Every person and every aircraft. shall comply with such of time, Rules of the Air and Air Traffic Control contained in the Twelfth Schedule to this Order as may be applicable to that person or aircraft in the c.irc.iunstances of the case. (~) Subject. to the provisions of paragraph (3) of this Article, it slimill be au ofie.nce to contravene., to permit. time. contravention of, or to fail to comply with, the Rules of the Air and Air `Iriithc. Control. (3) It shall be lawful for the Rules of the Air and Air Traffic Con- trol to be departed from to the extent necessary- (a.) for avoiding immediate danger: or (b ) for c.omplymg with the law of any country other than the Colony within which the aircraft. then is. (4) If any departure from the Rules of the Air and Air Traffic control is made. for the. puTI~POSe of avoiding immediate danaer, lie commander of the airci-aft shall cause written paiticu firs of the (ic- parture. and of the circumstances ~ivimni rise to it. to be ulven within ten (lays thereafter to the coml)eteuit authority at time country in whose territory the departure was made. or if time depa:'t mime was imiade over the high seas, to the Governor. ~ ) Xotluin~.r iii the Rules of the A~r amid X~r Fraflic (oimtrol shall exonerate any pe1~s~1I from the. coimsequenees of ally netm~ect iii the use of lights or sigmimils or of the ne leet of any pre~lumt bus required by or(linamy aviation i)ract ice or by tlìe special cil'eiuuumstaimes of time., case. (~) The Governor may for the PumIPdmse of prnnIotintT the safety of aircraft make regulations as to special signals and other communica- tions to be iimade by or on an aircraft. as to time course on which and the height at which an aircraft shall dv and as to any other prec.au- PAGENO="1438" 2838 AIR LAWS AND TREATIES OF THE WORLD tions to be observed in relation to the navigation and control of air- craft which the Governor may consider expedient for the purpose aforesaid and no aircraft shall fly in contravention of any such regulations. Power to prohibit or restrict flying 57.-( 1) Where the Governor deems it necessary in the public inter- est to restrict or prohibit flying over any area of the Colony or along any route therein by reason of- (a) the intended gathering or movement of a large number of persons, (b) the intended holding of an aircraft race or contest or of an. exhibition of flying, or (c) national de~ence or any other reason affecting the publie interest, the Governor may make regulations prohibiting, restricting or im- posing conditions on flight, either generally or in relation to any class of aircraft, over any such area or along any such route, and an air- craft shall not fly in contravention of such regulations. (2) If the commander of an aircraft becomes aware that the air- craft is flying in contravention of aiiy such regulations which have been made by reason of any area being used for purposes of national defence he shall forthwith cause a signal of distress to be made by radio or by one of the prescribed visual signals, and shall (unless otherwise instructed by the appropriate air traffic control unit or by a commissioned officer of Her Majesty's naval, military or air forces), cause the aircraft to land at the aerodrome, being an aerodrome suit- able for that purpose, which it can reach by flying to the least possible extent over the area to which the regulations relate. The aircraft shall not begin to descend while over such area. Baiiooms, kites and airships 58.- (1) Within the Colony- (a) a captive balloon or kite shall not be flown at a height of more than 200 feet above the ground level; (b) a captive balloon shall not be flown within 3 miles of an aerodrome; (c) a balloon exceeding 6 feet in any linear dimension at any stage of its flight, including any basket or other equipment at- tached to the balloon, shall not be flown in controlled airspace; (d) a kite shall not be flown within 3 miles of an aerodrorne; (e) an airship shall not be moored, without the permission in writing of the Governor, and in accordance with any conditions subject to which that permission may be granted. (2) A captive balloon when in flight shall be securely moored, and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings. PART VIII. AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS Aerodi'om.es: public transport of passengers and instruction `in flying 59.-(1) An aircraft engaged on a flight~ for the purpose of the public transport of passengers or for the purpose of instruction in PAGENO="1439" AIR LAWS AND TREATIES OF THE WORLD 2839 flying shall not take off or land at any place in the Colony other than- (a) a Government aerodrome notified as available for the take-off and landing of aircraft so engaged, or in respect of which the person in charge of the aerodrome has given his per- mission for the particular aircraft to take off or land, as the case maybe; (b) an aerodrome licensed under this Order for the take-off and landing of aircraft so engaged, and in accordance with any condition subject to which the aerodrome may have been so licensed or notified, or subject to which such permis- sion may have been given: Provided that, subject to paragraph (2) of this Article, the fore- going prohibition shall not apply in relation to- (i) any aeroplane of which the maximum total authorised weight does not exceed 6,000 lb. not being engaged on a scheduled journey, on a flight intended to begin and end at the same aero- drome or on a flight for the purpose of instruction in flying; (ii) any helicopter, not being engaged on a journey or flight as aforesaid; (iii) any glider being flown under arrangements made by a flying club and carrying no person other than a member of the club; (iv) a landing due to accident, stress of weather or other un- avoidable cause or to the next subsequent departure from the place in which the landing due to any such case has been made. (2) The Governor may by regulations direct t.hat proviso (i) (ii) or (iii) to paragraph (1) of this Article, or more than one of those provisos, shall not apply to aircraft, or to classes of aircraft, in the Colony, or in some parts of the Colony, and such regulations shall have effect accordingly. (3) An aircraft engaged on a flight for the public transport of pas- sengers shall not take off or land by night at any place in the Colony unless adequate lighting is in operation on the aerodrome. Use of Gove~mment aerodromes 60. The Governor may cause to be notified, subject to such conditions as he thinks fit, any Government aerodrome as an aerodrome available for take-off and landing by aircraft engaged on flights for the pur- pose of the public transport of passengers or for instruction in flying or by any classes of such aircraft. Licensing of aerodromes 61.-(1) The Governor may licence any aerodrome. in the Colony subject to such conditions as he thinks fit, for the take-off and land- ing of aircraft engaged in flights for the purpose of the public trans- port of passengers, or for the purpose of instruction in flying, or of any classes of such aircraft. (2) Without prejudice to the generality of paragraph (1) of this Article, if the person applying for the licence so requests, the Governor may grant a licence (in this Order referred to as "a licence, for public use") which shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft he so available to all persons on equal terms and conditions. PAGENO="1440" 2S40 AIR LAWS AXD TREATIES OF THE WORLD (3) The licensee of au aerodrome in respect of which a licence for public use is in force shall display in a prominent place at the aero- drome a copy of the licence and shall furnish to any person on request information concerning the terms of the licence. (4) The licensee of an aerodrorne licensed under this Order shall not cause or permit any condition of the licence to be contravened, in rela- tion to an aircraft engaged on a. flight for the public transport of pas- sengers or for instruction in flying, but the. licence shall not c.ease to be valid by reason only of such a contravention. (5) A licence granted by the Governor in respect of an aerodrome shall, subject. to the provisions of Article 34 of this Order, remain in force as may be specified in the licence.. Charges at aerodromes /~cen.sed for pvblw u.se 62.-(1) The Governor may, in relation to any aerodrome in respect of which a licence for public use has been granted, or to such aero- droines generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connect.ion with aircraft, and may further prescribe, the conditions to be observed in relation to those charges and the performance of those services. (~) The licensee of an aerodrome in relation to which the Governor has made any regulations under paragraph (1) of this Article, shall not cause or permit any charges to be made in contravention of those regulations, and shall cause particulars of the prescribed charges to be kept exhibited at the aerodrome. in such a place and manner as to be readily available for the information of any person affected thereby. (3) The licensee of any aerodrome in respect of which a licence for public, use has been granted shall, when required by the Governor, fur- nish to the Governor such particulars as he. may require of the charges established by the licensee for the. use of the ae.rodrorne or of any facilities provided at the aerocirome for the safety, efficiency or regu- larity of air navigation. Use of aeiodroines by aircraft of Contracting States and of the Corn.- rn onwealth 63. The person in charge of any aerodrome in the Colony which is open to public use by aircraft. registered in the Colony (whether or rot. the aerodrome is a licensed aerodrome) shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft. registered in other Contracting States or in any part of the Commonwealth on the same terms and conditions as for use by air- craft registered in the Colony. ~Voi.se and vilration ca~ised by aircraft on aerodromes 64. The Governor may prescribe the conditions under which noise and vibration may be caused by aircraft (including milita.ry aircraft.) on Government aero(lroflies, licensed aerodromnes or on aerodromes at which the manufacture. repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft, and subsection (~) of section 41 of the Act. as set out in the First Schedule to the Colonial Civil Aviation (Application of Act.) Order. 1952. shall apply to any aerodrome in relation to whuch the Governor has prescribed conditions as aforesaid. PAGENO="1441" AIR LAWS AND TREATIES OF THE WORLD 2841 Aeronautical Ughts 65.-(1) A person shall not establish or maintain an aeronautical light within the Colony except with the permission of the Governor and in accordance with any conditions which may be prescribed, or subject to which the permission may be granted. (2) A person shall not alter the character of an aeronautical light within the Colony except with the permission of the Governor and in accordance with any conditions subject to which permission may be granted. (3) In the case of an aeronautical light, being a beacon, which is or may be visible from any waters within an area of a lighthouse au- thority, the Governor shall not give his permission for the purpose of this Article except with the consent of that. authority. (4) A person shall not wilfully or negligently injure or interfere with any aeronautical light established and maintained by, or with the permission of, the Governor. Dangerous Zights 66.-(1) A person shall not exhibit. in the Colony any light which- (a) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or (b) by reason of its liability to be mistaken for an aeronautical light is liable to endanger aircraft. (2) If any light which appears to the Governor to be such a light as aforesaid is exhibited the Governor may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or having charge of the light.~ directing that. person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing for the future the exhibition of any other light which may similarly endanger aircraft. (3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates. (4) In the case of a light which is or may be visible from any waters within the area of a lighthouse authority, the powers of the ~overnor under this Article shall not be exercised except with the consent of that authority. Cvstom~ Airports 67.-(1) The Governor may, subject to such conditions as he may think fit, by order designate any aerodrome to be a place of landing or departure of aircraft for the purpose of the enactments for the time being in force relating to customs. (2) The Governor may by order revoke any designation so made. PART IX. GENERAL Prohibited Areas 68.-(1) The Governor may by proclamation declare any specific- ally defined area in the Colony to be a prohibited area. (2) Except as may be provided in the proclamation whereby the pro- hibited area is established, or in any subsequent proclamation issued by the Governor, no aircraft shall fly over, or land in, any prohibited area. 39-737 O-65---~vo1. II--91 PAGENO="1442" 2842 AIR LAWS AND TREATIES OF THE WORLD Power to prevent aircraft fl~Jin.g 69.-(1) If it appears to the Governor or an authorised person that any aircraft is intended or likely to be flown- (a) in such circumstances that any provision of Article 1, 3, 4, 14, 15, 23 or 33 of this Order would be contravened in relation to the flight; or (b) in such circumstances that the flight would be in contraven- tion of any other provision of this Order or any regulations made thereunder and be. a cause of danger to any person or property whether or not in the aircraft. (c) while in a condition unfit for the flight, whether or not the flight would otherwise be in a~ contravention of any provision of this Order of any regulation made thereunder, the Governor or that a.uthorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the flight, and the Governor or that authorised person may take steps as are necessary to detain the. aircraft. (2) For the purposes of paragraph (1) of this Article the Governor or any a.uthorised person may enter upon and inspect any aircraft. Right of access to aerodromes and other places 70. The Governor and any authorised person shall have the right of access at all reasonable times- (a) to a.ny aerodrome, for the purpose of inspecting the aero- drome, or (b) to any aerodrome for the purpose of inspecting any air- craft on the aerodrome or any document w-hich he has power to demand under this Order, or for the purpose of detaining any aircraft under the provisions of this Order: and (c) to any place where a.n a.ircraft has landed, for the purpose of inspecting the aircraft or any document~ which he has power to demand under this Order and for the purpose of detaining the aircraft under the provisions of this Order: Provided that access to a Government aerodrome shall only be ob- tained with the permission of the person in charge of the aerodrome. Obstruction of persons 71. A person shall not wilfully obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order. Enforcement of directions 72. Any person who fails to comply with any direction given to him by the Governor or by any authorised person under any provision of this Order or any regulat ions made thereunder shall be deemed for the purposes of this Orde.r to have contravened that provision. Fee8 73.-(1) Subject to the provisions of paragraph (3) of this Article the provisions of the Thirteenth Schedule to this Order shall have effect with respect to the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document (including the issue of a copy thereof), or the undergoing of any examination, test, inspection or investigation or PAGENO="1443" AIR LAWS AND TREATIES OF THE WORLD 2843 the grant~ of any permission or approval, required by, or for the pur- pose of, this Order or any regulations made thereunder. (2) Upon an application being made in connection with which any fee is chargeable in accordance with the said provisions the applicant may be required before the application is entertained to pay the whole or to deposit a portion of the fee or fees so chargeable. If, after such payment or deposit has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused by the Governor, the Governor may, subject as hereinafter provided, refund the amount of such payment or deposit. Where the amount paid or deposited is wholly or to any extent attributable to a fee chargeable in respect of an investigation which would have been carried out in connection with the application if it had not been so withdrawn or ceased to have effect or been refused but which has not been carried out by reason only of such withdrawal, cesser or refusal, the Governor may refund the amount so attributable or, in a case where an investigation has been partially completed, so much of that amount as in the opinion of the Governor is reasonable having regard to the stage to which the investigation has progressed at~ the time of such withdrawal, cesser or refusal: Provided that, if in any case the amount deposited by the applicant is not sufficient to cover the fee, as ultimately assessed, chargeable in respect of any investigation in so far as the same has been carried out. at the time when the application is withdrawn by him or otherwise ceases to have effect or is refused by the Governor the amount repre- senting the balance of such fee shall be payable by the applicant.. In this paragraph and in the Thirteenth Schedule to this Order the expression `~investigation" includes an inspection, examination, calcu- lation or test. (3) If the Governor is of the opinion that, owing to special circum- stances existing in the Colony, any fee prescribed by the Thirteenth Schedule to this Order is not an appropriate fee to be charged in the Colony, he may by regulation substitute therefor such other fee as may to him appear appropriate and, on and after such date as may be appointed by the regulation, the said Thirteenth Schedule shall have effect in the Colony as if for the fee therein prescribed there were sub- stituted such other fee. Penalties 74.-(1) If any provision of this Order or of any regulations made thereunder is contravened in relation to an aircraft, the operator of that aircraft. and the commander thereof, if the operator or, as the case may be, the commander is not the person who contravened that pro- vision shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this Article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that. he exercised all due diligenc.e to prevent. the contravention. (2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or of any regulations made thereunder was due to any cause not avoidable by the exercise of reasonable care by that person the PAGENO="1444" 2844 AIR LAWS AND TREATIES OF THE WORLD act or omission shall be deemed not to be a contravention by that person of that provision. (3) Where a person is charged with contravening a. provision of this Order or of any regulations made thereunder by reason of his having been a member of the. flight, crew of an aircraft on a flight for the purpose of public transport the flight shall be treated (with- out prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose. (4) If any person contravenes any provision of this Order, or of any regulations made thereunder, not being a provision referred to in paragraph (5) or paragraph (6) of this Article, he shall be liable on conviction, to a fine not exceeding ten pounds; or in the case of a second or subsequent conviction for the like offence to a fine not exceeding t.wenty pounds. (5) If any person contravenes any provision specified in Part A of the Fourteeenth Schedule to this Order he shall be liable on conviction to a fine not. exceeding fifty pounds; or in the case of a second or sub- sequent conviction for the like offence to a fine of one hundred pounds, or to imprisonment, for a term not exceeding three months or to both such fine and imprisonment. (6) If any person contravenes any provision specified in Part B of the said Schedule he shall be liable on conviction or indictment, to a fine not, exceeding two hundred pounds or to imprisonment for a term of six months or to both such fine and imprisonment. Extra-territorial effect of tile Order 75.- (1) Except where the context otherwise requires, the provisions of this Order- (a) in so far as they apply (whether by express reference or otherwise) to aircraft. registered in the Colony, shall apply to such aircraft. wherever they may be; (b) in so far as they apply as aforesaid to other aircraft shall apply to such aircraft when they are within the Colony; (c) in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in, or by any of the crew of, any aircraft. registered in the Colony, shall apply to such persons and crew, wherever they may be; and (d) in so far as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the Colony by other persons shall, where such persons are British subjects, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be. (2) Nothing in this Article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by subsection (1) of section 3 of the British Nationality Act, 1948 a (which limits the criminal liability of certain persons who are not citizens of the Fnitecl Kingdom and colonies) that. that person shall not be guilty of an offence. Application of order 76. The provisions of this Order apply to the colonies and ot.her ter- ritories mentioned in the Fifteenth Schedule to this Order, any one of which is in this Order referred to in the expression "the~ Colony". a ~ & 12 Geo. 6. c. 56. PAGENO="1445" AIR LAWS AND TREATIES OF THE WORLD 2845 Regulations by the Governor 77. The Governor may make regulations for prescribing anything which, under the provisions of this Order, is to be prescribed. Application of Order to the Crown and visiting forces, etc. 78.-(1) Subject to the following provisions of this Article, the provisions of this Order shall apply to or in relation to aircraft be- longing to or exclusively employed in the service of Her Majesty, not I)eing military aircraft, as they apply to or in relation to other air- craft which are registered in the Colony or are capable of being so registered and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft. shall be deemed to be the operator of the aircraft and in the case of an aircraft belonging to Her Ma.jesty, to be the owner of the interest of Her Majesty in the aircraft: Provided that nothing in this Article shall render liable to any penalty any Department or other authority responsible. on behalf of Her Majesty for the management of any aircraft. (2) Save as otherwise expressly provided the naval, military and air force authorities and members of any visiting force and prop- erty held or used for the purpose of such a force shall be exempt. from the provisions of this Order and of any regulations made thereunder to the same extent as if, were there serving in the Colony forces of Her Majesty raised in the United Kingdom, the visiting force formed part. of those forces. (3) Save as otherwise provided by paragraph (4) of this Article, paragraph (1) of Article 56, and Article 64 of this Order, nothing in this Order shall apply to or in relation to any military aircraft. (4) `Where a military aircraft. is flown by a civilian pilot and is not commanded by a. person who is acting in the. course of his duty as a member of any of Her Majesty's naval, military or air forces or as a member of a visiting force, the. following provisions of this Order shall apply on the occasion of that. flight, t.hat is to say. Articles 37, 38, 39, 57 and 68 and in addition Article 56 (so far as applicable) shall apply. Exeni.ption from Order 79. The Governor may exempt from any of the provisions of this Order or any regulations made thereunder any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such con- ditions as he thinks fit.. Provisions for East African Territories 80.-(1) The provisions of this Order except Articles 66, 70, 79 and 81 thereof shall have effect in relation to each of the East African Territories as if for references in this Order to the Governor there were substituted references to the Authority. (2) The Authority may by order published in the Official Gazette of the Organization declare that, subject to such limitations and con- ditions as may be specified in the order, any of the powers conferred or duties imposed upon the Authority by virtue of paragraph (1) of this Article may be exercised or shall be performed in relation to any of the East African Territories by the Governor of that territory. PAGENO="1446" 2846 AIR LAWS AND TREATIES OF THE WORLD (3) Where by virtue of a declaration made under paragraph (2) of this Article any power may be exe.rcised or any duty is to be performed by the Governor of any of the East African Territories then- (a) the Authority shall not exercise such power or perform such duty in relation to that territory; and (b) in the exercise of such power or the performance of such duty the Governor may, in relation to that territory, revoke or vary any instrument or thing previously made or done by the Authority to the same extent as such instrument or thing could, but for the provisions of subparagraph (a) of this paragraph, have been revoked or varied by the Authority. (4) (a) The Authority may *by a further order published in like manner, revoke or vary any order made under paragraph (2) of this Article. (b) Where.. by reason that any such order has been so revoked or varied, or has otherwise ceased to have effect, any power or duty ceases to be exercisable or is no longer to be performed by the Governor of any East African territory, any instrument made or other thing done by the Governor in the exercise or performance of such power or duty shall, if in force immediately before such revocation or variation, con- tinue in force., but may be revoked or varied by the Authority as if it had been made or done by the Authority. (5) Any references to the Governor in Articles 70 and 79 of this Order shall, in relation to each of the East African Territories, be construed as including references to the Authority. (6) The definition of "International Air Navigation" in the Eleventh Schedule to this Order, shall have effect in relation to the East African Territories as if references in that definition to the colony were references to the East African Territories as one territory. Interpretation 81.-(1) In this Order, unless the context otherwise requires- "The Act" means the Civil Aviation Act, 1949; "Aerial work" means any purpose (other than public transport) for which an aircraft is flown if hire or reward is given or prom- ised in respect of the flight or the purpose of the flight; "Aerial work aircraft" means an aircraft (other than a public transport aircraft.) flying, or intended by the operator to fly, for the purpose of aerial work: "Aerial work undertaking" means an undertaking whose busi- ness includes the performance. of aerial work; "Aerobatic manoeuvres" includes ioops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre; "Aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the take-off and landing of aircraft; `~Aeronautica.l light" means any light established for the pur- pose of aiding air navigation: "Aeronautical radio station" means a radio station on the sur- face, which transmits or receives signals for the purpose of assist- ing aircraft; PAGENO="1447" AIR LAWS AND TREATIES OF THE WORLD 2847 "Air traffic control unit" means a person appointed by the Governor or by any other person maintaining an aerodrome to give instructions and advice by means of radio signals to aircraft in the interests of safety and "Air traffic control service" shall be construed accordingly; "Air transport undertaking" means an undertaking whose busi- ness includes the carriage by air of passengers or cargo for hire or reward; "Appropriate aeronautical radio station" means in relation to an aircraft an aeronautical radio station serving the area in which the aircraft is for the time being; "Appropriate air traffic control unit" means in relation to an aircraft the air traffic control unit serving the area in which the aircraft is for the time being; "Authorised person" for the purposes of any provision of this Order means any person autliorised by the Governor either gen- erally or in relation to a particular case or class of cases, and ref- erences to a person authorised by the Governor include references to the holder for the time being of any office designated by the Governor; "The Authority" means t.he East African Common Services Authority a: Provided that until the Authority is established references thereto shall be construed as references to the East Africa High Commission; "Beneficial interest" has the same meaning as in Section 57 of the Merchant Shipping Act, 1894 b; "Cargo" includes mail and animals; "Central and Southern Line Islands" means the Islands of Maiden, Starbuck, Vostock, Caroline and Flint; "Certificate of airworthiness," includes any validation thereof and any flight manual or performance schedule relating to the certificate of airworthiness; "Certificate of maintenance" and "certificate of compliance" have the meanings respectively assigned to them by paragraph (1) of Article 6 and paragraph (3) of Article 7 of this Order; "The Colony" has the meaning assigned to it by Article 76 of this Order and includes the dependencies of the Colony and the adjacent territorial waters; "Commander" in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing suc.h a person the person who is for the time being the pilot in command of the aircraft; "The Commonwealth" means the United Kingdom, any of the Channel Islands, the Isle of Man. Canada, Australia, New Zea- land, India, Pakistan, Ceylon, Ghana, the Federation of Malaya, the Federation of Nigeria, the Republic of Cyprus, Sierra Leone, the Federation of Rhodesia and Nyasaland and any other part of Her Majesty's dominions and includes any country or place out- See The East Africa (High Commission) (Revocation) Order in Council, 1~61 (S.!. 1961/Z315, p. 4142 of this Pt.). "~1 & ~8 Vict. c. 60. PAGENO="1448" 2848 AIR LAWS AND TREATIES OF THE WORLD side Her Majesty's dominions in which for the time being Her Majesty has jurisdiction; "Competent authority" means in relation to the Colony, the Governor, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation; "Congested area" in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes; "Contracting State" means any State (including the United Kingdom) which is a party to the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on the 7th day of December, 1944; "Controlled airspace" means control areas and control zones; "Control area" means airspace which has been notified as such, and which extends upwards from a notified altitude; "Control zone" means airspace which has been notified as such and which extends upwards from the surface; "Co-pilot" in relation to an aircraft means a pilot who is per- forming his duties as such is subject to the direction of another pilot carried in the aircraft; "Country" includes a territory except in sub-paragraph (b) of paragraph (3) of this Article; "Crew" has the meaning assigned to it by paragraph (5) of this Article; "The East African Territories" means the Colony and Protec- torate of Kenya, Tanganyika and the Uganda Protectorate; "Flight" and "to fly" have the meanings respectively assigned to them by paragraph (4) of this Article; "Flight crew' in relation to an aircraft means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft; "Government aerodrome" means any aerodrome in the Colony which is under the control of the Gorvernor or is in the occupa- tion of any Government Department or visiting force; "Governor" means the officer for the time being administering the Government of the Colony, and in relation to the West Indies includes the Governor-General of the Federation of the West In- dies, and in relation to Zanzibar means the person for the time being performing the functions of British Resident, Zanzibar; "The High Commission" means the East Africa. High Commis- sion established by the East Africa (High Commission) Order in Council, 1947 a; "Instrument Flight Rules" means Instrument Flight Rules con- tained in Section VI of the Twelfth Schedule to this Order; "To land" in relation to aircraft includes alighting on the water; "Legal personal representatives" has the same meaning as in Section 742 of the Merchant Shipping Act, 1894; S.R. & 0. 1947/256~ (Rev. XI, p. 695: 1947 I. p. 758) PAGENO="1449" AIR LAWS AND TREATIES OF THE WORLD 2849 "Licence" includes any certificate of competency or certificate of validity issued with the licence or required to be held in con- nection with the licence by the law of the country in which the licence is granted; "Licence for public use" has the meaning assigned to it by para- graph (2) of Article6l of this Order; "Licensed aerodrome" means an aerodrome licensed under this Order; "Lifejacket" includes any device designed to support a person individually in or on the water; "Lighthouse authority" means any authority in the Colony in which the care and management of lighthouses is by law vested; "Maximum total weight authorised" in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off in accordance with the certificate of airworthiness in force in respect of the aircraft; "Military aircraft" includes the naval, military or air force air- craft of any country and- (a) any aircraft being constructed for the naval, military or air force of any country under a contract entered into by the Minister; (b) any aircraft belonging to Her Majesty in respect of which there is in force a certificate issued by the Admiralty or the Secretary of State that the aircraft is to be treated for the purposes of the Air Navigation Order, 1960 a, as a mili- tary aircraft; and (c) any aircraft in respect of which there is in force a cer- tificate as aforesaid issued by the Minister; "The Minister" means the Minister of Aviation in the United Kingdom; "Nautical mile" means a distance of 6,080 feet; "Night" means the time between half an hour after sunset and half an hour before sunrise, sunset and sunrise being determined at surface level; "Notified" means shown in any of the following publications is- sued in the Colony whether before or after the coming into opera- tion of this Order, that is to say, "Notams (Notices to Airmen", "Information Circiilars", or such other official publication so is- sued for the purpose of enabling any of the provisions of this Order to be complied with; "Operator" has the meaning assigned to it by paragraph (6) of thisArticle; "The Organization" means "the East African Common Servi'es Organization" b: Provided that until the Organization is established references thereto shall be construed as references to the East Africa High Commission; "Pilot in command" in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft a s*~* 19B0/972 (1960 I, p. 599). b ~5ee The East Africa (High Commission) (Revocation) Order in Council, I9t~l (SI. 1961/2315, p. 4142 of this Pt.). PAGENO="1450" 2850 AIR LAWS AND TREATIES OF THE WORIJD without being under the direction of any other pilot in the air- craft; "Prescribed" means prescribed by regulations made by the Gov- ernor under this Order, and the expression "prescribe" shall be construed accordingly; "Prototype aircraft" means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which has not previously been investigated in con- nection with any such application; "Prototype (modified aircraft" means an aircraft in respect of which an application has been made for a certificate of airworthi- ness and the design of which, in part., has not previously been in- vestigated in connection with any such application; "Public transport" has the meaning assigned to it by paragraph (7) of this Article; "Public transport aircraft" means an aircraft flying, or in- tended by the operator of the aircraft to fly, for the purpose of public transport.; "Replacement" in relation to any part of an aircraft or its equipment includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or re- placed or cargo to be loaded; "Rules of the Air and Air Traffic Control" has the meaning assigned to it by paragraph (1) of Article 56 of this Order; "Scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service; "Seaplane" has the same meaning as for the purpose of Section 52 of the Act; "State aircraft" means military aircraft and aircraft used in customs and police services; "Visual Flight. Rules" means Visual Flight Rules contained in 5~.tion V of the Twelfth Schedule to this Order. (2) In this Order references to sums expressed in terms of "pounds", "shillings" or "pence" shall be construed as references to the equivalent sums in the currency of the Colony calculated at such rate of exchange as may be prescribed or as the Governor may by order direct. (3) (a) In its application to any territory which is mentioned in the Fifteenth ScheduTe to this Order but is not mentioned in the First Schedule to the Visiting Forces Act (Application to Colonies) Order 1954,a as amended from time to time, this Order shall have effect as if :- (i) The whole of paragraph (2) was omitted from Article 78; (ii) The words "or as a member of a visiting force" were omit- ted from paragraph (4) of Article 78: and (iii) in paragraph (1) of this Article the words "or visiting force were omitted from the definition of "Government aero- drome". a S.I. 1954/636 (1954 II, p.2460). PAGENO="1451" AIR LAWS AND TREATIES OF T1~ WORLD 2851 (b) 1n relation to any territory which is mentioned in the Fifteenth Schedule to this Order and is also mentioned in the First Schedule to the Visiting Forces Act (Application to Colonies) Order, 1954, as amended from time to time, the expression "visiting force" in this Order means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act, 1952,b which extend to that territory, in respect of that country, by virtue of any Order in Council made under subsection (2) of section 1 or under section 15 of that Act. (4) An aircraft shall be deemed to be in flight- (a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power, until the moment when it next comes to rest after landing; (b) in the case of a pilotless flying machine, or a glider from the moment when it first moves for the purpose of taking off until the moment. when it next comes to rest after landing; (c) in the case of an airship or free balloon, from the mo- ment when it first becomes detached from the surface until the moment when it next. becomes attached thereto or comes to rest thereon; and the expressions "a flight" and "to fly" shall be construed ac- cordingly. (5) Every person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof. (6) References in this Order to the operator of an aircraft are, for the purpose of the application of any provision of this Order in re- lation to any partic.uTar aircraft, references to the person who at the relevant time has the management of that aircraft: Provided that for the purposes of the application of any provision in Part II of this Order when by virtue of any charter or other agree- ment for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the manage- ment. of that. aircraft. for a period not exceeding 14 days the foregoing provisions of this paragraph shall have effect as if that agreement had not been entered into. (7) (a) Subject to the provisions of this paragraph, an aircraft in flight shall for the purposes of this Order be deemed to fly for the purpose of public transport- (i) if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft. on that flight; or (ii) if any passengers or cargo are carried gratuitously in the aircraft. on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors and, in t.he case of a cor- poration established by the Air Corporations Act, 1949,a mem- bers of the Corporation), persons authorised by the Governor to witness the training or tests referred to in paragraph (4) of Article 15 of this Order, or c.argo intended to be used by any such passengers as aforesaid, or by the undertaking; or b 15 & 16 Geo. 8 & 1 Eliz. 2, c. 67. * 12, 13 & 14 Gee. 6, c. 91. PAGENO="1452" 2852 AIR LAWS AND TREATIES OF THE WORLD (iii) for the purposes of Part II of this Order, if hire or re- ward is given or promised for the right to fly the aircraft on that flight otherwise than under a hire-purchase agreement. (b) Where under a transaction effected by or on behalf of a inem- ber of an unincorporated association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be deemed to be given or promised if the transaction were effected otherwise than as aforesaid, hire or reward shall, for the purposes of this Order, be deemed to be given. (8) The expressions appearing in the "General Classification of Aircraft" set forth in Part A of the First Schedule to this Order shall have the meanings thereby assigned to them. (9) The Interpretation Act, 1889,b shall apply, with necessary adaptations. for the purpose of interpreting this Order and other- wise in relation thereto as it applies for the purposes of interpreting, and in relation to. Acts of Parliament of the United Kingdom. (10) A power to make regulations under this Order shall include the power to make different provisions with respect to different classes of aircraft. aerodromes. persons or property and with respect to different circumstances and with respect to different parts of the Colony. (11) (a) Any power conferred by this Order to issue, make, serve or grant any instrument shall be construed as including a power ex- e.rcisable in the like manner and subject to the like conditions, if any, to vary, revoke, cancel or otherwise terminate the instrument. (b) In this paragraph "instrument" includes any regulation, direc- tion, instruction, rule or other requirement. any notice and any certifi- cate, licence, approval. permission. exemption, log book record or other document. interpretation in relatio~ to the Ea$t African Territories 82. Article 81 of this Order shall have effect in relation to the East African Territories- (a.) as if for the definition of "Prescribed" in paragraph (1) of the said Article there were substituted the following defini- tion- "`Prescribed' means presc.ribed by regulations made by the Au- thority or by the Governor under this Order, or made by the Governor by virtue of any powers conferred upon him by any declaration made under paragraph (2) of Article 80 of this Order"; and (b) as if a reference to the Authority were substituted for the reference to the Governor in paragraph (2) of the said Article. SavMg 83. Subject to the provisions of Articles 61 and 63 of this Order, nothing in this Order or the regulations made thereunder shall confer any right, to land in any place asagainst the owner of the land or other persons interested therein. b 52 & 53 VIct. c. 83. PAGENO="1453" AIR LAWS AND TREATIES OF THE WORLD 2853 Small aircraft 84. The provisions of this Order, other than Articles 38 and 58 thereof, shall not apply to- (a) any balloon which at any stage of its flight is not more than 6 feet in any linear dimension including any basket or other equipment attached to the balloon: (b) any kite weighing not more than 4 lb.; (c) any other aircraft weighing not more than 11 lb. without its fuel. Revocation 85.-(1) The following Orders are revoked in so far as they apply as part of the law of the Territories mentioned in the Fifteenth Schedule to this Order- The Colonial Air Navigation Order, 1955; a The Colonial Air Navigation (Amendment) Order, 1956; b The Colonial Air Navigation (Amendment) Order, 1957; The Colonial Air Navigation (Amendment) (No. 2) Order, 1957; d The Colonial Air Navigation (Amendment) Order, 1958; The Colonial Air Navigation (Amendment) (No. 2) Order, 1958; ~ The Colonial Air Navigation (Amendment) Order. 1959; g Provided that Articles 61, 62, paragraph (5) of Article 69 and paragraph (7) of Article 76 of the Colonial Air Navigation Order, 1955, and Schedule III to that Order as amended by the Colonial Air Navigation (Amendment) (No. 2) Order, 1958, shall remain in force for the period of one year from the date of the commencement of this Order. (2) Notwithstanding the revocation of the Orders mentioned in paragraph (1) of this Article, any instrument (that is to say any reg- ulation, direction, instrument, rule or other requirement, any notice and any certificate, license, approval, permission, exemption, log book, record or other document~) issued, made, served or granted under those Orders, or under any enactment revoked by any of those Orders, if in force at the commencement of this Order, shall (without prejudice to any power to amend any such instrument) continue in force until superseded, revoked or otherwise terminated and, so far as it could have been issued, made, served or granted under this Order, shall have effect as if issued, made, served or granted under this Order and this Order shall apply to or in relation to such instrument accordingly: Provided that any such instrument which is expressed to remain in force for a definite period shall not remain in force after the expira- tion of that period unless it shall be renewed in accordance with the provisions of this Order or in accordance with any prescribed provi- sions. Citation and commencement 86.-(1) This Order may be cited as the Colonial Air Navigation Order, 1961. (2) This Order shall come~ into operation on the 8th day of De- cember, 1961.* SI. 1955/711 (1955 I, p. 351). b ~ 1956/615 (1956 I, p.472). SI. 1957/99 (1957 I, p. 382). d ST 1957/1741 (19571, p. ~S6). SI. 1958/258 (1958 I, p. 299). SI. 1958/2187 (19581, p. 300). i SI. 1959/1051 (1959 I, p. 683). Schedules have been omitted. PAGENO="1454" CHAPTER 27 Carriage by Air Act, 1961* ARRANGEMENT OF SECTIONS Section 1. Convention to have force of law. 2. Designation of High Contracting Parties. 3. Fatal accidents. 4. Limitation of liability. 5. Time for bringing proceedings. 6. Contributory negligence. 7. Power to exclude aircraft in use for military purposes. S. Actions against High Contracting Parties. 0. Application to British possessions, etc. 10. Application to carriage by air not governed by Convention. 11. Application to Scotland. 12. Application to Northern Ireland. 13. Application to Crown. 14. Short title, interpretation and repeals. SCHEDULES' * First Schedule-The Warsaw Convention with the Amend- ments made in it by The Hague Protocol. Second Schedule-Repeal,s. An Act to give effect to the Convention concerning hi- ternational carriage by air known as "the `Warsaw Convention as amended at The Hague, 1955", to enable the rules contained in that Convention to be applied, with or without modification, in other cases and, in par- ticular, to non-international carriage by air; and for connected purposes. [22nd June, 1961] Be it enacted by the Queen's most. Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :- Convention 1.-(1) Subject to this section the provisions of the to have force of law. Convention known as the Warsaw Convention as amended at The Hague, 1955" as set out in the First Schedule to this Act shall, so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other per- sons, and subject to the provisions of this Act, have the force of law in the United Kingdom in relation to any carriage by air to which the Convention applies, irrespec- tive of the nationality of the aircraft performing that carriage; and the Carriage by Air Act, 1932 (which gives Public General Acts & Measures of 1961, 9 & 10 Ellz. II, p. 88. * * Schedules omitted. 2854 PAGENO="1455" AIR LAWS AND TREATIF~S OF THE WORLD 2855 effect to the Warsaw Convention in its original form), shall cease to have effect. (2) If there is any inconsistency between the text in English in Part I of the First Schedule to this Act and the text in French in Part II of that Schedule, the text in French shall prevail. (3) This section shall come into force on such day as Her Majesty may by Order in Council certify to be the day on which the Convention comes into force as regards the United Kingdom. (4) This section shall not apply so as to affect rights or liabilities arising out of an occurrence before the com- ing into force of this section. 2.-(1) Her Majesty may by Order in Council from ~e~f;~tiofl time to time certify who are the High Contracting Par- ~on~act1ng ties to the Convention, in respect of what territories they ar es. are respectively parties and to what extent they have availed themselves of the provisions of the Additional Protocol at the end of the Convention as set out in the First Schedule to this Act. (2) Paragraph (2) of Article 40A in the First Sched- ule to this Act shall not be read as extending references in that Schedule to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Con- tracting Party is not a party. (3) An Order in Council under this section shall, except so far as it has been superseded by a subsequent Order, be conclusive evidence of the matters so certified. (4) An Order in Council under this section may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient. 3. References in section one of the Fatal Accidents Act, Fatal accidents 1846, as it applies in England and `Wa~es~ and in North- ern Ireland, to a wrongful act, neglect or default shall include references to any occurrence which gives rise to a liability under Article 17 in the First Schedule to this Act. 4.-(1) It is hereby declared that the limitations on I~tia~tion of liability in Article 22 in the First Schedule to this Act apply whatever the nature of the proceedings by which liability may be enforced and that, in particular- (a) those limitations ~pply wherc' proc.eedings are brought by a tortfeasor to obtain a contribution from another tortfeasor, and (b) the limitation for each passenger in paragraph (1) of the said Article 22 applies to the aggregate lia- bility of the carrier in all proceedings which may be brought against him under the law of any part of the United Kingdom, together with any proceedings brought against him outside the United Kingdom. (2) A court h~fore which proceedings are brought to enforce a liability which is limited by the said Article 22 PAGENO="1456" 2856 AIR LAWS AND TREATIES OF THE WORLD 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 said Article 22, and of any other proceedings which have been, or are likely to be, com- menced in the United Kingdom or elsewhere to enforce the liability in whole or in part. (3) Without prejudice to the last foregoing subsection, a court before which proceedings are brought to enforce a liability which is limited by the said Article 22 shall, where the liability is, or may be, partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceed. ings. (4) The Minister of Aviation may from time to time by order made by statutory instrument specify the re- spective amounts which for the purposes of the said Article 22, and in particular of paragraph (5) of that Article, are to be taken as equivalent to the sums ex- pressed in francs which are mentioned in that Article. (5) References in this section to the said Article 22 include, subject to any necessary modifications, references to that Article as applied by Article 25A. 5.-( 1) No action against a carrier's servant or agent proceed~ngs. which arises out of damage to which the Convention re- lates shall, if he was acting within the scope of his em- ployment, be brought after more than two years, reck- oned from the date of arrival at the destination or from the dae on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) Article 29 in the First Schedule of this Act Shall not be read as applying to any proceedings for contribu- tion between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which the said Article 29 applies after the expiration of two years from the time when judgment is obtained against the person seeking to obtain the contribution. (3) The foregoing provisions of this section and the provisions of the said Article 29 shall have effect as if references in those provisions to an action included refer- ences to an arbitration; and subsections (3) and (4) of section twenty-seven of the Limitation Act., 1939, or, in Northern Ireland, subsections (2) and (3) of section seventy-two of the Statute of Limitations (Northern Ire- land), 1958 (which determine the time at which an arbitration is deemed to be commenced), shall apply for the purposes of this subsection. ContrIbutory 6. It is hereby declared that for the purposes of Arti- cle 21 in the Fiist Schedule to this Act the Law Reform (Contributory Negligence) Act, 1945 (including that Act as applied to Scotland), and section two of the Law Re- PAGENO="1457" AIR LAWS AND TREATIFIS OF THE WORLD 2857 form (Miscellaneous Provisions) Act (Northern Ire- land), 1948, are provisions of the law of the United Kingdom under which a court may exonerate the carrier wholly or partly from his liability. 7.- (1) Her Majesty may from time to time by Order ~ in Council direct that this section shall apply, or ~ha1l aircraft in cease to apply, to the United Kingdom or any other State ~ specified in the Order. purposes. (2) The Convention as set out in the First Schedule to this Act shall not apply to the carriage of persons, cargo and baggage for t.he military authorities of a State to which this section applies in aircraft registered in that State if the whole capacit.y of t.he aircraft has been reserved by or on behalf of those authorities. 8. Every High Contracting Party to the Convention ~ who has not availed himself of the provisions of the Contracting Additional Protocol at. tHe end of the Convention as set Partie8. out in the First Schedule to this Act, shall, for the pur- poses of any action brought in a court in the United Kingdom in accordance with the provisions of Article 28 in the said Schedule to enforce a claim in respect of car- riage undertaken by him, be deemed to have submitted to the jurisdiction of that. court, and accordingly rules of court may provide for the manner in which any suc.h action is to be commenced and carried on; but nothing in this section shall authorize the issue of execution against the property of any High Contracting Party. Apolication 9.-(1) Her Majesty may by Order in Council direct to ~r1tish that this Act shall extend, subject to such exceptions, ~ adaptations and modifications as may be specified in the Order, to- (a) t.he Isle of Man; (b) any of t.he Channel Islands; (c) any colony or protectorate, protected state or United Kingdom t.rust territory. The references in this subsection to a. protectorate, to a protected state and to a United Kingdom trust, territory shall be construed as if they were references contained in the British Nationality Act., 1948. (2) An Order in Council under this section may con- tain such transitional and other consequential provisions as appear to Her Majesty to be expedient., and may be varied or revoked by a subsequent Order in Council. Application 1O.-(1) Her Majesty may by Order in Council apply to carriage the First. Schedule to this Act, together with any other ~n~tby provisions of this Act, to carriage by air, not. being car- Convention. riage by air to which the Convention applies, of such descriptions as may be specified in the Order, subject. to such exceptions, adaptations and modifications, if any, as may be so specified. (2) An Order in Council under this section may be made to apply to any of the countries or places mentioned in paragraphs (a), (b) and (e) of subsection (1) of the last foregoing section. 89-737 0-65-vol. 11-92 PAGENO="1458" 2858 AIR LAWS AND TREATIES OF THE WORLD (3) An Order in Council under this section may con- tain such transitional and other consequential provisions as appear to Her Majesty to be expedient, and may con- fer any functions under the Order on a Minister of the Crown in the TJnited Kingdom or on any Governor or other authority in any of the countries or places men- tioned in paragraphs (a). (b) and (c) of subsection (1) of the last foregoing section, including a power to grant exemptions from any requirements imposed by such an Order. (4) An Order in Council under this section may be varied or revoked by a subsequent Order in Council. (5) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament: Provided th'at his subsection shall not apply to an Order which applies only to the Isle of Man or all or any of the Channel Islands. 11. In the application of this Act to Scotland- (a.) there shall be substituted- (i) for any reference to a tort, a reference to a wrongful act or a negligent ~ict or omission; (ii) for any reference to a tortfeasor, a refer- ence to a person who has been or might be held liable for loss or damage arising from any such act or omission; (iii) for any reference to the obtaining of judgment, a reference to the pronouncing of decree; (iv) for any reference to the issuing of execu- t.ion, a reference to the execution of diligence; (v) for any reference to an arbitrator, a reference to an arbiter; and (vi) for any reference to a plaintiff, a refer- ence to a pursuer; (b) for section three there shall be substituted the Fatai following section- accIdents. 3. The reference in Article 17 in the First Schedule to this Act to the liabilty of a carrier for damage sus- tained in the event of the death of a passenger shall be construed as including liabilit.y to such persons as are entitled, apart from this Act, to sue the carrier (whether for patrimonial damage or solatium or both) in respect of the death (c) in section five, subsection (1) shall have effect notwithstanding anything in section six of the Law Reform (Limitation of Actions, &c.) Act, 1954; and in subsection (3), for the words from "and subsections (3) and (4)" to the end of the subsection there shall be substituted the words "and for the pur- pose of this subsection an arbitration shall be deemed to be commenced when one party to the arbitration PAGENO="1459" AIR LAWS AND TREATIES OF THE WORLD 2859 serves on the other party or parties a notice requiring him or them to appoint an arbiter or to agree to the appointment of an arbiter, or, where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requir- ing him or them to submit the dispute to the person so named or designated." 12. In the application of this Act to Northern Ireland Application tol\orthern any reference to an enactment of the Parliament Of Ireland. Northern Ireland, or to an enactment which that Parlia- ment has power to amend, shall be construed as a refer- ence to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modification. 13. This Act shall bind the Crown. Application to Crown. 14.-(1) This Act may be cited as the Carriage by Air Act, 1961. and repeals. (2) In this Act the expression "court" includes (in an arbitration allowed by the Convention) an arbitrator. (3) On the date on which section one of this Act. comes into force the Acts specified in the Second Schedule to this Act shall be repealed to the extent specified in the third column of that Schedule: Provided that, without prejudice to section thirty- eight. of the Interpretation Act, 1889 (which relates to the effect. of repeals), this subsection shall not affect. any rights or liabilities arising out of an occurrence before that date. PAGENO="1460" PAGENO="1461" 1964 No. 55 CIVIL AVIATION The Air Navigation (Fifth Amendment) Order 1964 Made - - - - 20th January 1964 Laid before Parliament 24th January 1964 Corning into Operation (a) for the purposes of Article 3(4) 1st June 1964 (b) for the purposes of Article 3(7) 1st August 1964 (c) for all other purposes 1st February 1964 Her Majesty, in exercise of the powers conferred upon Her by sections 8, 57, 59 and 61 of the Civil Aviation Act 1949(a) and of all other powers enabling Her in that behalf is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows : - Citation and operation 1. This Order may be cited as the Air Navigation (Fifth Amendment) Order 1964 and shall come into operation on 1st June 1964 for the purposes of Article 3(4), on 1~t August 1964 for the purposes of Article 3(7) and on 1st February 1964 for an other purposes. interpretation 2.-(1) In this Order, "the principal Order" means the Air Navigation `Order 1960(b) as amended(c). (2) The Interpretation Act 1889(d) applies for the purpose of the inter- pretation of this Order as it applies for the purpose of the interpretation of an Act of Parliament. Amendment of Air Navigation Order 1960 3. The principal Order shall be amended as follows - (I) In Article 28(2)- in sub-paragraph (g)(i) for the words "an altitude of 13,000 feet above mean sea level" there shall be substituted the words "flight level 130"; for sub-paragraph (g)(iii) there shall be substituted the following sub-paragraph- "(iii) during any continuous period exceeding 30 minutes when the aircraft is flying above ifight level 100 but not above ifight (a) 12, 13 & 14 Geo. 6. c. 67. (b) S.I. 1960/972 (1960 I, p. 599). (c) The relevant amendments are SJ. 1962/1332, 1963/608, 1488 (1962 II, p. 1423; 1963 I, p. 724; H, p. 2620). (d) 52 & 53 Vict. c. 63. 2861 PAGENO="1462" 2862 AIR LA\V~ AND TREATIES OF THE WORLD level 130, and whenever the aircraft is flying above flight level 130, oxygen is used by all the crew of the aircraft.". (2) In Article 36- at the end of the proviso to paragraph (2), the following words shall be added- "and a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines, for the purpose of preventing access by passengers to the ifight crew compartment.". (3) In Article 79(1)- after the definition of "Flight crew ", there shall be inserted the following definition- "`Flight level' means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 10l3~2 millibars (2992 inches of mercury).". (4) In the Fifth Schedule- for paragraph 4(2)(d) there shall be substituted the following- "(d) When flying over water-- (i) in the case of an aeroplane (a) classified in its certificate of airworthiness as being of performance group A, C or X, or (b) having no performance group classification in its certificate of airworthiness and of such a weight and performance that with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power con- ditions specified in the certificate of airworthiness, performance schedule or flight manual relating to the aeroplane issued or rendered valid by the Minister it is capable of a gradient of climb of at least 1 in 200 at an altitude of 5000 feet in the international Standard Atmosphere specified in or ascertainable by reference to the certificate of airworthiness in force in respect of that aircraft, when either more than 400 nautical miles or more than 90 minutes flying time* from the nearest aerodrome at which an emergency landing can be made; (ii) in the case of all other flying machines, when more than 30 minutes flying time* from such an aerodrome ". (5) In the Fifth Schedule- in the Table in paragraph 4 a column headed " 0" shall be added in which the letter Q shall be inserted opposite the following sub- * For the purposes of this Table, flying time shall be calculated on the assumption that the aircraft is flying in still air at the speed specified in the relevant Certificate of Airworthiness as the speed for compliance with regulations governing flights over water. PAGENO="1463" AIR LAWS AND TREATIES OF THE WORLD 2863 paragraph, which shall be inserted after sub-paragraph (ii) of para- graph (2) in the first column of the Table : - "(iii) On all flights for the purpose of the public transport of passengers in paragraph 5 for Scale K, there shall be substituted the following- "Scale K PART I (i) In every flying machine which is provided with means for maintaining a pressure greater than 700 millibars throughout the ifight in the flight crew compartment and in the compart- ments in which passengers are carried- (a) a supply of oxygen sufficient, in the event of failure to maintain such pressure, occurring in the circumstances specified in columns 1 and 2 of the Table set out in Part II of this Scale, for continuous use, during the periods specified in column 3 of the said Table, by the persons for whom oxygen is to be provided in accordance with column 4 of that Table, and (b) in addition, in every case where the flying machine flies above flight level 350, a supply of oxygen in a portable container sufficient for the simultaneous first aid treatment of two passengers, together with suitable and sufficient apparatus to enable such persons to use the oxygen. (ii) In any other flying machine- (a) a supply of oxygen sufficient for continuous use by all the crew, and, if passengers are carried, by 10 per cent. of the number of passengers, for any period exceeding 30 minutes during which the flying machine flies above flight level 100 but not above flight level 130; and (b) a supply of oxygen sufficient for continuous use by all persons on board for the whole time during which the flying machine flies above flight level 130, together with suitable and sufficient apparatus to enable such parsons to use the oxygen. (iii) The quantity of oxygen required for the purpose of comply- ing with paragraphs (i) and (ii) of this Part of this Scale shall be computed in accordance with the information and instructions relating thereto specified in the operations manual relating to the aircraft pursuant to Item (VA) of Part A of the Tenth Schedule to this Order. PAGENO="1464" P~Tll 00 Column 1 Column 2 Column 3 Column 4 Vertical displacement of the flying Capability of flying machine to Period of supply of oxygen Persons for whom oxygen is machine in relation to flight levels descend (where relevant) to be provided Above flight level 100 30 minutes or the period specified In addition to any passengers for at A hereunder whichever is the whom oxygen is provided as greater specified below, all the crew Above flight level 100 but not Flying machine is either flying at 30 minutes or the period specified 10 per cent of number of above ifight level 300 or below flight level 150 or is at A hereunder whichever is the passengers capable of descending and con- greater tinuing to destination as speci- fied at X hereunder 10 minutes or the period specified All passengers at B hereunder whichever is the Flying machine is flying above greater ifight level 150 and is not so and in addition capable 30 minutes or the period specified 10 per cent of number of at C hereunder whichever is the passengers greater Above ifight level 300 but not Flying machine is capable of 30 minutes or the period specified 15 per cent of number of above flight level 350 descending and continuing to at A hereunder whichever is the passengers destination as specified at Y greater hereunder 10 minutes or the period specified All passengers at B hereunder whichever is the greater Flying machine is not so capable and in addition 30 minutes or the period specified 15 per cent of number of at C hereunder whichever is the passengers greater PAGENO="1465" 10 minutes or the period specified All passengers at B hereunder whichever is the greater Above flight level 350 ... ... and in addition 30 minutes or the period specified 15 per cent of number of ~ at C hereunder whichever is the passengers greater A. The whole period during which, after a failure to maintain a pressure greater than 700 millibars in the control compartment and in the ~ compartments in which passengers are carried has occurred, the flying machine flies above flight level 100. B. The whole period during which, after a failurç to maintain such pressure has occurred, the flying machine flies above flight level 150. C. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine ifies above flight level 100, but not above flight level 150. cj X. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency o descent procedure specified in the relevant flight manual and without flying below the minimum altitudes~for safe ifight specified in the operations ~ manual relating to the aircraft, to flight level 150 within 6 minutes, and of continuing at or below that flight level to its place of intended destina- H tion or any other place at which a safe landing can be made. Y. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations ~ manual relating to the aircraft, to flight level 150 within 4 minutes and of continuing at or below that flight level to its place of intended ~ destination or any other place at which a safe landing can be made."; PAGENO="1466" 2866 AIR LAWS AXD TREATIES OF THE WORLD in paragraph 5, after Scale P there shall be inserted the following- "Scale Q If the maximum total weight authorised of the flying machine exceeds 12,500 lb. and it is first registered, whether in the United Kingdom or elsewhere, on or after 1st June 1965, a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with a lock or bolt capable of being worked from the flight crew compartment.". (6) In the Sixth Schedule- in paragraph 3, at the end of Scale B there shall be added the words "including such apparatus as may be prescribed ". (7) In the Ninth Schedule- in paragraph 2 of Part A- in the sub-paragraph under the heading "Senior Commercial Pilot's Licence (Flying Machines)" for the figure "30,000" there shall be substituted the figure "45,000" in the sub-paragraph under the heading "Airline Transport Pilot's Licence (Flying Machines) ", under the sub-heading "Privileges ", there shall be added after paragraph (c) of the proviso, the following- "(d) he shall not at any time after he attains the age of sixty years fly such an aircraft on a flight for the purpose of public transport if its maximum total weight authorised exceeds 45,000 lb.". W. G. Agnew. EXPLANATORY NOTE (This Note is not part of the Order, but is intended to indicate its general purport.) This Order amends the Air Navigation Order 1960, as previously amended. The following changes are made in the Articles and Schedules mentioned below : - (1) From 1st June 1964, aircraft which previously had to carry a dinghy when flying over water more than 90 minutes flying time from the nearest land are required to do so if they are either more than 400 nautical miles or more than 90 minutes flying time from an aerodrome (Fifth Schedule). (2) A lockable door is required to be provided between the flight crew compartment and the passenger compartment in flying machines of over 12,500 lb. maximum total weight authorised when flying for the purpose of public transport of passengers. This requirement applies only to aircraft first registered on or after 1st June 1965 (Article 36 and Fifth Schedule). (3) The requirements for the carriage of oxygen are related to flight levels instead of to altitudes above mean sea level, and the quantities of oxygen required to be carried above flight level 150 are reduced in specified cases (Article 28, Article 79 and Fifth Schedule). (4) Power is conferred upon the Minister of Aviation to make RegulLations prescribing the radio-navigation apparatus to be carried in aircraft (Sixth Schedule). PAGENO="1467" ATE LAWS AND TREATIES OF THE WORLD 2867 (5) From 1st August 1964 the maximum total weight authorised of flying machines which may be flown by the holder of a Senior Commercial Pilot's Licence as pilot in command is raised from 30,000 lb. to 45,000 lb. (Ninth Schedule). (6) From 1st August 1964 holders of Airline Transport Pilot's Licences are prohibited from flying as pilot in command after the age of sixty any aircraft exceeding 45,000 lb. maximum total weight authorised when it is on a ifight for the purpose of public transport (Ninth Schedule). PAGENO="1468" PAGENO="1469" 1964 No. 419 CIVIL AVIATION The Rules of the Air and Air Traffic Control (Eighth Amendment) Regulations 1964 Made - - - - 17th March 1964 Coming into Operation 23rd March 1964 The Minister of Aviation, in exercise of the powers conferred on him by Article 56(1) of the Air Navigation Order 1960(a), as amended(b), hereby makes the following Regulations : - l.-(1) These Regulations may be cited as the Rules of the Air and Air Traffic Control (Eighth Amendment) Regulations 1964, and shall come into operation on 23rd March 1964. (2) The Interpretation Act 1889(c) applies for the purpose of the inter- pretation of these Regulations as it applies for the purpose of the inter- pretation of an Act of Parliament. 2. The Schedule to the Rules of the Air and Air Traffic Control Regu- lations 1960(d), as amended(e), shall be further amended as follows : - (1) In Rule 1(1)- at the end of the definition of "aerodrome traffic zone" there shall be added the following- "except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of these Rules as being the controlling aerodrome."; for the definition of "man~uvring area" there shall be substituted the following- "`manceuvring area' means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding any parts of the aerodrome set aside for the embarkation and disembarkation of passengers, the loading and unloading of cargo, or the maintenance or parking of aircraft." in the definition of "runway" for the words "a rectangular" there shall be substituted the word "an ". (2) In Rule 23, for the last four lines, there shall be substituted the following- "For the purposes of this Rule `special VFR flight' means a flight made in Instrument Meteorological Conditions or at night or in controlled airspace notified for the purposes of Rule 21 of (a) S.I. 1960/972 (1960 I, p. 599). (b) There are no amendments which relate to the subject-matter of these Regulations. (c) 52 and 53 Vict. c. 63. (d) S.T. 1960/1070 (1960 I, p. 711). (e) The relevant amending instruments are S.!. 1961/375, 527, 920, 2366, 1962/1571, 1963/697, 1091 (1961 1, PP. 573, 1196; II, p. 1773; ifi, p. 4367 1962 1! p. l778~ 1963 I, p. 852; II, p. 1858). PAGENO="1470" 2870 AIR LAWS AND TREATIES OF THE WORLD these Rules, in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accord- ance with special instructions given by that unit instead of in accordance with the Instrument Flight Rules.". (3) In the heading to Rule 32 there shall be added at the end the words "and other parts of the aerodrome used by aircraft'. (4) In Rule 32(1), for the words" the manceuvring area of an aerodrome" there shall be substituted the words "any part of an aerodrome pro- vided for the use of aircraft and under the control of the person in charge of the aerodrome ". (5) In Rule 33(1), for the words `~the manceuvring area of a land aero- drome" there shall be substituted the words `~any part of a land aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome (6) For Rule 35(1) there shall be substituted the following- "35.-(l) (a) An aircraft shall not fly within a zone which the commander of the aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome where no air traffic control unit is for the time being notified as being on watch, except for the purpose of taking off or landing at that aerodrome or observing the signals in the signals area with a view to landing there, unless he has the permission of the person in charge of the aero- drome. (b) An aircraft flying within such a zone for the purpose of observing the signals shall remain clear of cloud and at least 500 feet above the level of the aerodrome.". (7) For Rule 36(1) and (2), there shall be substituted the following- "36.-(l) An aircraft shall not fly within a zone which the commander of the aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome where an air traffic control unit is for the time being notified as being on watch, except for the purpose of taking off or landing at that aerodrome, or observing the signals in the signals area with a view to landing there, unless he has the permission of the appropriate air traffic control unit. (2) The commander of an aircraft flying in the aerodrome traffic zone of an aerodrome where an air traffic control unit is for the time being notified as being on watch, or moving on the manoeuvring area of such an aerodrome shall- (a) cause a continuous watch to be maintained on the appropriate radio frequency notified for air traffic control communications at the aerodrome, or, if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means; (b) not taxi at the aerodrome or take off or land anywhere in the zone except with the permission of the air traffic control unit; (c) comply with the provisions of paragraphs 1(b), (2), (3) and (4) of Rule 35 of these Rules as if the aerodrome did not have an air traffic control unit, unless he has the permission of the air traffic control unit at the aerodrome, or has been instructed by that unit, to do otherwise.". PAGENO="1471" AIR LAWS AND TREATIES OF THE WORLD 2871 (8) In Rule 37- for paragraphs (2) and (3), there shall be substituted the following- "(2) In relation to Bournemouth (Hum), Bovingdon, London (Gatwick), Prestwick and Renfrew Airports, the following special rules shall apply :- Except as may otherwise be authorised by an air traffic control unit at the aerodrome, (a) an aircraft shall not fly within 5 nautical miles of and at less than 2,000 feet above, the notified aerodrome reference point, unless the commander of the aircraft, before so flying, obtains the permission of the air traffic control unit at the aerodrome, and informs the air traffic control unit, on the notified radio frequency appropriate to the circumstances, of the aircraft's position, level and track (b) while the aircraft is within 5 nautical miles of, and at less than 2,000 feet above, the notified aerodrome reference point, the commander of the aircraft shall cause a continuous watch to be maintained on that frequency and comply with any instructions which the air traffic control unit at the aerodrome may give in the particular case: Provided that this paragraph shall not apply, in relation to London (Gatwick) Airport, to flight on the northerly side of a line parallel to, and 3 nautical miles to the north of, the paved runway at the Airport, or, in relation to Bovingdon Air- port, to flight on the south-east side of a line joining the points 51°43'35"N 00°24'40"W and 51 °39'lO"N 00°35'45"W. (3) In relation to Blackpool (Squires Gate) Aerodrome the following special rules shall apply : - (a) An aircraft shall not fly within the aerodrome traffic zone of Blackpool (Squires Gate) Aerodrome unless the com- mander of the aircraft, before so flying, obtains the permis- sion of the air traffic control unit at the aerodrome; and (b) while the aircraft is flying within the said aerodrome traffic zone the commander of the aircraft shall cause a continuous watch to be maintained on the radio frequency required by that air traffic control unit, if the aircraft is suitably equipped for that purpose, and comply with any instructions which that air traffic control unit may give in the particular case." in paragraph (4)- for the first twelve lines there shall be substituted the following- "(4) In relation to Cardiff (Rhoose) Airport, the following special rules shall apply : - Except as may otherwise be authorised by the air traffic control unit at the aerodrome, (a) an aircraft shall not, during the notified hours of watch of the air traffic control unit at the aerodrome, fly within the relevant airspace unless the commander of the aircraft, before so flying, obtains the permission of the air traffic control unit at the aerodrome, and informs the air traffic PAGENO="1472" 2872 AIR LAWS AND TREATIES OF THE WORLD control unit, on the notified radio frequency appropriate to the circumstances, of the aircraft's position, level and track (b) while the aircraft is within the relevant airspace the commander of the aircraft shall cause a continuous watch to be maintained on that frequency and comply with any instructions which the air traffic control unit at the aerodrome may give in the particular case." for paragraph (6) there shall be substituted the following- "(6) In relation to Liverpool Airport the following special rules shall apply : - Except as may otherwise be authorised by the air traffic control unit at the aerodrome, (a) an aircraft shall not fly within 5 nautical miles of the notified aerodrome reference point and at less than 1,000 feet above mean sea level unless the commander of the aircraft before so flying, obtains the permission of the air traffic control unit at the aerodrome and informs the air traffic control unit, on the notified radio frequency appro- priate to the circumstances, of the aircraft's position, level and track; and (b) while the aircraft is within 5 nautical miles of the notified aerodrome reference point and at less than 1,000 feet above mean sea level the commander of the aircraft shall cause a continuous watch to be maintained on that frequency and comply with any instructions which the air traffic control unit at the aerodrome may give in the particular case."; in paragraph (7)- for the first fourteen lines there shall be substituted the following- "(7) In relation to Southend Airport the following special rules shall apply: - Except as may otherwise be authorised by the air traffic control unit at the aerodrome- (a) an aircraft shall not, during the notified hours of watch of the air traffic control unit at the aerodrome, fly within 8 nautical miles of the notified aerodrome reference point and at less than 6,500 feet above mean sea level, unless the commander of the aircraft, before so flying, obtains the permission of the air traffic control unit at the aerodrome and informs the air traffic control unit, on the notified radio frequency appropriate to the circumstances, of the aircraft's position, level and track; and (b) while the aircraft is within 8 nautical miles of the notified aerodrome reference point, and at less than 6,500 feet above mean sea level, the commander of the aircraft shall cause a continuous watch to be maintained on that fre- quency and comply with any instructions which the air air traffic control unit at the aerodrome may give in the particular case:". PAGENO="1473" AIR LAWS AND TREATIES OF THE WORLD 2873 (9) In Rule 37A- at the end of paragraph (4) there shall be added the following- "and (c) comply with any instructions which the appropriate air traffic control unit may give in the particular case.". (10) In the heading to Rule 50, there shall be added at the end the words "and other parts of the aerodrome used by aircraft ", and in Rule 50(b) for the words "manoeuvring area" there shall be substituted the words "aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome and ". (11) For Rule 54 there shall be substituted the following- "54.-(1) At every aerodrome (other than a Government aero- drome) which is provided with means of two-way radio communica- tion with aircraft and is either situated in a control zone or is an aerodrome in respect of which the Minister has given a direction to the proprietor or person in charge of the aerodrome requiring air traffic control service to be provided there, the person in charge of the aerodrome shall cause air traffic control service to be provided at all times when the aerodrome is open for the take-off and landing of aircraft. (2) At every aerodrome (other than a Government aerodrome) which is provided with means of two-way radio communication with aircraft and with equipment for providing holding aid, let-down aid or approach aid by radio or radar the person in charge of the aero- drome shall inform the Minister in advance of any period during which any of the said equipment will be in operation for the purpose of providing holding aid, let-down aid or approach aid and, without prejudice to paragraph (1) of this Rule, cause air traffic control service to be provided at all times when the said equipment is notified as being in operation for any of those purposes.". 17th March 1964. EXPLANATORY NOTE (This Note is not part of the Regulations, but is intended to indicate their general purport.) These Regulations amend the Rules of the Air and Air Traffic Control. In addition to some minor and drafting amendments, the following changes are made in the Rules mentioned below- (1) Commanders of aircraft flying within the aerodrome traffic zone of an aerodrome where no air traffic control unit is on watch, except when landing, taking-off or observing the signals, are required to obtain the permission of the person in charge of the aerodrome, and provision is made for avoiding overlap of aerodrome traffic zones (Rule 1(1), 35 and 36). 39-737 0-65--vol. II-93 PAGENO="1474" 2874 AIR LAWS AND TREATIES OF THE WORLD (2) The definition of "manoeuvring area" is altered so as to include the whole area provided for the movement of aircraft on the surface, while excluding areas set aside for embarkation and disembarkation, loading and unloading, and maintenance and parking of aircraft (Rule 1(1)). (3) The definition of "special VFR flight" in Rule 23(b) is altered to include a flight made, in controlled airspace notified for the purpose of Rule 21, in accordance with the instructions of an air traffic control unit instead of in accordance with the Instrument Flight Rules (Rule 23). (4) Provisions relating to the control of persons and vehicles, the right of way on the ground and guidance lights (which formerly applied only to the manoeuvring area) are extended to any part of an aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome (Rules 32(1), 33(1), and 50(b)). (5) The provisions relating to special rules zones are altered. Distances from the aerodrome will now be measured from an aerodrome reference point, and the commander of an aircraft flying within such a zone is required to comply with air traffic control instructions. The Bovingdon Special Rules Zone is reduced in area (Rule 37). (6) At non-Government aerodromes with two-way radio and with equipment for providing holding aid, let-down aid or approach aid by radio or radar, the person in charge is required to inform the Minister of Aviation of the periods during which the equipment will be in opera- tion for the purpose of providing such aid and to cause air traffic control service to be provided throughout those periods, instead of at all times when the aerodrome is open for landing and take off, as hereto- fore (Rule 54). PAGENO="1475" 1964 No. 486 (C. 7) CiVIL AVIATION The Carriage by Air (Supplementary Provisions) Act 1962 (Commencement) Order 1964 Made - - - - 26th March 1964 At the Court at Buckingham Palace, the 26th day of March 1964 Present, The Queen's Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred upon Her by section 7(2) of the Carriage by Air (Supplementary Provisions) Act 1962(a) (which provides that that Act, except as otherwise provided, shall come into force on such day as Her Majesty may by Order in Council certify to be the day on which the Convention in the Schedule to the Act comes into force as regards the United Kingdom) and of all other powers enabling Her in that behalf is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows :- 1. it is hereby certified that 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, set out in the Schedule to the Carr~age by Air (Supplementary Provisions) Act 1962, comes into force as regards the United Kingdom on 1st May 1964. 2. This Order may be cited as the Carriage by Air (Supplementary Provisions) Act 1962 (Commencement) Order 1964. (a) 10 &. 11 EEL 2. c. 43. 2875 PAGENO="1476" 2876 AIR LAWS AND TREATIES OF THE WORLD No. 41 OF 1963.* An Act to make further provision for The Promotion of Civil Aviation in the Colony. [Assented to 20th December, 1963.} ~/~AY it please the Queen's Most Excellent Majesty that it LV.R may be enacted and be it enacted by His Excellency Sir Robert de Stapeldon Stapledon, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Commander of the Most Excellent Order of the British Empire, (kvernor and Commander-in-Chief in and over the Bahama Islands, the Legislative Council and Assembly of the said Islands, and it is hereby enacted and ordained by the authority of the same as follows: Short title 1.-(1) This Act may be cited as The Civil Aviation Act and corn- 1963 niencernent. (2) This Act shafl come into operation on a date to be fixed by the Governor by notice in the Gazette, such date not being earlier than the date upon which a new Constitution for the Bahama Islands comes into operation. Inter~reta- 2. In this Act unless the context otherwise requires :- tion. Published In Bahamas Acts passed in the year 1963, p. 118. PAGENO="1477" AIR LAWS AND TREATIES OF THE WORLD 2877 "Airport" means any of the airports specified for the time being in the Schedule to this Act; "Department" means the Department of Civil Avia- tion; "Director" means the Director of Civil Aviation; "Minister" means the Minister appointed under sec~on 3; "structure" means any building, wall, fence, television mast, radio aerial, pole and anything affixed to or projecting from the ground, any building, wall, fence or mast. 3.-(1) In the exercise of the powers conferred upon A~oint. him by the Constitution, the Governor shall appoint a Minister who shall be charged with the responsibility for civil aviation and meteorological services in the Colony and the control and direction of the Department of Civil Aviation. (2) The Minister for the time being shall be a corporation sole by the name of the Minister for Aviation or such other style and title as the Governor may from time to time assign to him, with power to acquire, hold and dispose of property, enter into contracts, to sue and be sued and to do all things necessary for the purposes of this Act and all property traris- ferred to the Minister by this Act or any other Act or which otherwise becomes vested in him shall be held by him in trust for Her Majesty in right of Her Government of the Bahama Islands for the purposes of this Act. (3) L"pon and by virtue of the appointment of any person to be the Minister under this Act, the benefit and burden of all deeds, contracts, bonds, securities and things in action vested in his predecessor at the time of his predecessor ceasing to hold office shall be transferred to and vested in and enure to the person so appointed in the same manlier as if he had been contracted with instead of his predecessor and as if his name had been inserted in all such deeds, contracts, bonds or securities instead of the name of his predecessor. 4. The staff of the Minister shall comprise a Director of Minister's Civil Aviation, who shall be the technical adviser and chief stag. executive officer of the Department and such other officers as may from time to time be authorised by the Legislature. PAGENO="1478" 2878 AIR LAW~AXD TREATIES OF THE WORLD Dissolution 5. The Airports Board established under the Airports ~ir~-ts Board Act is hereby dissolved with effect from the date of the Board. coming into operation of this Act and thereupon all property of the said Board of whatever kind and all rights and liabilities of the said Board shall vest in the Minister in accordance with the provisions of section 3 and for the purposes of subsection (2) thereof, the said Airports Board shall be deemed to be the predecessor of the Minister first appointed under subsection (1) of the said section. Aviation 6.-(l) The Governor may appoint annually a Board to Board. be called the Aviation Board which shall consist of such number of members not being less than five as the Governor may from time to time decide. The members of the Board shall be ap- pointed by the Governor by notice in the Gazette; they shall hold office at the Governor's pleasure and subject to this shall hold office for one year save that where a person is appointed during a year to fill a casual vacancy, he shall hold office until the end of that year: Provided that no person shall be qualified to be appointed or to hold office as a member of the Board if (a) he is a Minister; or (b) he is a member of the public service. (2) In the exercise of his responsibilities for civil aviation in the Colony, the Minister may consult the Board from time to time as he shall think fit but he shall not be bound to act upon the advice of the Board in any matter. Subject to this; the relationship between the Minister and the Board and the man- ner in which the business of the Board shall be conducted may be regulated from time to time by the Governor by directions in writing or by notice in the Gazette. (3) In the exercise of the powers conferred upon him by this section, the Governor shall act on the advice of the Premier. Manaae- 7. The Minister shall have the general management and ~en~etc~ control of every airport including the land, buildings, plant, equipment and facilities thereof. Constrfic- 8. No person shall construct or commence to construct an ~r~e?~s. airfield or airstrip in the Colony without the prior permission PAGENO="1479" AIR LAWS AND TREATIES OF THE WORLD 2879 in writing of the Minister and any person who contravenes this section shall be liable on summary conviction to a fine of one thousand pounds. 9.-(l) Notwithstanding the provisions of the Buildings Illegal to Regulations Act or any Act passed in amendment thereof or in substitution therefor, no person shall, without the prior ap- within proval in writing of the Minister, erect or commence to erect ~;~n~r~a or cause or procure to be erected or commenced any structure aprroval within that area of land and water situate within a radius of eighteen thousand feet from a point centred on the main East! ~Vest runway of Windsor Field being four thousand feet from the Western end of the said East/West runway. (2) Any person who wishes to obtain the approval of the Minister under subsection (1) of this section shall apply to the Minister in writing giving full particulars of the nature, extent, size, height and position of the proposed structure. (3) Where in the opinion of the Minister the proposed structure would be a hindrance, obstruction or danger to air- craft he may refuse to give his approval thereto and any person aggrieved by the Minister's refusal may appeal to the Supreme Court in the manner hereinafter provided. 1O.-(l) It shall be the duty of the Director or some other Director person authorised by him from time to time to ascertain and ~o~'~of report to the Minister all violations of section 9, and for the section 9. proper execution of such duty it shall be lawful for him, or the person authorised by him, together with such persons as he may require to attend and assist him, to enter into any building and upon the land on which any structure is erected, or on which such erection has been commenced, and to remain there for such reasonable time as may be necessary for the perform- ance of the duty hereby imposed on him. (2) If upon the receipt of a report from the Director, the Minister is satisfied that any of the provisions of section 9 have been violated, the Minister shall require the owner or persons responsible to comply with the said provisions and to pull down any structure or to effect any alterations so that any such violation shall no longer exist, within such reasonable time as may be determined by the Minister, and upon compliance with the requisition of the Minister no further proceedings shall be taken. PAGENO="1480" 2880 AIR LAWS AND TREATIES OF THE WORLD (3) If the requisition of the Minister referred to above is not complied with, the Minister shall cause proceedings to be taken in accordance with this Act. Penalty. 11.-(1) Any person contravening or failing to comply with any of the provisions of sections 9 and 10 shall be guilty of an offence, and shall be liable on summary conviction to a fine of fifty pounds. Magistrate (2) Upon the conviction of any person for any offence rnavx~ake against section 9 or 1~ a Stipendiary and Circui Magistrate in addition in addition to or in lieu of any penalty which m~.y be imposed, shall order that any structure, the subject matter of the offence, which may be pulled down. be imoosed. (3) Any such order shall state a reasonable time within which such order shall be complied with. (4) If any person fails to comply with any order made under subsection (2) of this section the Minister may, by his servants, enter upon the premises in respect of which such or- der has been made and carry out the terms of the order, and the owner shall be liable civilly in an action by the Minister for all expenses incurred in carrying out the terms of the said order. Appeal. 12.-(1) An appeal shall lie to the Supreme Court from any decision of a Stiperidiary and Circuit Magistrate under this Act. (2) An appeal against the decision of the Minister as provided in section 9 of this Act shall be on motion. The appel- lant within seven days after the day on which the Minister has given his decision shall serve a notice in writing signed by the appellant or his Counsel or Attorney on the Minister of his in- tention to appeal and of the general grounds of his appeal: Provided that any person aggrieved by the decision of the Minister may upon notice to the Minister apply to the Supreme Court for leave to extend the time within which the notice of appeal prescribed by this section may be served, and the Su- preme Court upon the hearing of such application may extend the time prescribed by this section as it deems fit. (3) The Minister shall upon receiving notice of appeal transmit to the Registrar of the Supreme Court without delal' a copy of his decision and all papers relating to the appeal. The PAGENO="1481" AIR LAWS AND TREATIES OF THE WORLD 2881 Registrar shall set the appeal down for argument on such day and shall Cause notice of the same to be published in such man- ner as the Supreme Court may direct.. (4) At the hearing of the appeal the appellant shall, be- fore going into the case, state all the grounds of appeal on which he intends to rely and shall not, UfliCSS by leave of the Supreme Court, go into any matters not raised by such state- ment. (5) The Supreme Court may adjourn the hearing of the appeal, and may upon the hearing thereof confirm, reverse, vary or modify the decision of the Mthister or remit the matter with the opinion of the Supreme Court thereon to the Minister or may make such other order in the matter as it may think just, and may by such order exercise any power which the Minister might. have exercised, and such order shall have the same effect and may be enforced in the same manner as it had been made by the Minister. (6) The Supreme Court may make such order as to costs as it may think just. 13. The Minister may make Rules for all or any of the Rules. following purposes :- (a) for securing the safety of the public at or near airports from personal injury or from fire or otherwise; (b) regulating vehicular traffic, and prescribing the conditions under which vehicles may ply for hire at or on any airport; (c) prescribing the limits within which the public may have access to any airport, (d) preventing unauthorised persons from entering any airport or premises therein; (e) imposing penalties for the breach of any rule; (f) prescribing charges to be paid in respect of the landing and parking of aircraft at any airport; (g) prescribing the royalties to be paid on the use of aviation fuel at any airport; (h) preventing any unauthorised person, company or organisation from conducting any form of busi- ness at any airport; PAGENO="1482" 2882 AIR LAWS AND TREATIES OF THE WORLD (i) regulating the conduct of any shop, restaurant or bar at any airport and of persons frequenting the same; (j) securing the safety or freedom from interference of any meteorological instrument or structure in which the same is placed; (k) generally for carrying the purposes or provisions of this Act into effect. charges to 14. The Minister may make such charges as he deems bemade . by Mm- appropriate in respect of the following items :- ister. . (a) hire, for purposes other than the servicing of air- craft, of heavy equipment including tractors, tractor cranes, graders and concrete mixers, etc.; (b) rent of any land; (c) rent of any building or part thereof; (ci) granting of concessions at any airport. Amend- 15. The Governor may by Order add to or otherwise ment of amend the Schedule of Airports. Schedule. Savin~ of 16. Any rules made under The Airports Board Act which exist~g are in force immediately prior to the date of the coming into operation of this Act shall be deemed to have been made by the Minister under section 13 of this Act and shall be read and construed with such adaptations and modifications as are neces- sary to bring them into conformity with the provisions of this Act. Repeal 17. The Airports Board Act and The Airfields Construc- N 24 of tion Act 1957 are hereby repealed. 1957. Sections 2 and 15. SCHEDULE OF AIRPORTS Oakes Field, New Providence Windsor Field, New Providence George Town, Exunia Marsh Harbour, Abaco Green Turtle Cay, Abaco PAGENO="1483" UNITED STATES r1~l~e present volume contains the following U.S. laws The Federal Aviation Act of 1958 (Act of August 23, 1958, 72 Stat. 731), as a. mended. Do lut~r ~ ii Avutioa Faulit'e~ ~.cf tAct of June i6 1948 6~ Stat. 450. as amended by Act of August 10, 1949, ~i3 Stat'. 591, and Act of August `2~1, 158 (Federal Aviation Act of 1958, 8upra)). The National Aeronautics and Space Act of 1958 (Act. of July 29, 1958, 7~ Stat.. 426). The Act entitled "Crimes in F1~ht. Over the High Seas" (Pro- vision in Title 18, U.S.C.. 62 Stat. 685, Act of June 25, 1948, as amended by Act of July 12, 1952, 66 Stat. 589). The Act entitled "Willful Damaging of Aircraft" (Act of July 14. 1956, 70 Stat. 538), as amended The Communications Satellite Act. of 1962 (Act of August 31, 1962. 76 Stat. 419). The texts of other pertinent, laws, Executive. Orders, etc., not con- tained herein. ino~y be found in ~`Ae.ronautical Statutes and Related Materials," revised July 1. 1962 (with later amendments), issued by the. Civil Ae~'c~neui~ic.s Board, Washington, D.C. (Superintendent of Documents. LS. Government Printmg Office, Washington 25, i).C.). The table of c<~i~tcnt.a of that volume is as follows: Page Federal Aviation Act of 1958 .-~_. 1 Supplemental Mr Carriers {Tnterim Operating Authority].~__.~__ -- 96 Reorganization Plan No. 13 of 19.5O.~. 101 Reorganization Plan No. 3 of 196L__~_~-. 102 Sherman Act 103 Clayton Act 105 Railway Labor Act 118 Decision 83 of the National Labor Board 141 Act Rolating to Pi.:blic Airports - ..-... 144 Wn~4uington National AIrport, Jurisdiction V.. ~V'___' -- 146 Administration of Washington Natioiia~ Airport 117 Provisions in 1940 Appropriatior Act for Washington Nct.ional Airport~... [:51 Second Washington Airport Act .~. .. 152 Federal Airport Act .- `-V.- 155 Message from the President of the United States, Plan No. 14__~ . 171 Reorganization Plan No. 14 of 1~5O [labor ~taridards] 172 Government Surplus A!iport~ and EluipI~ie1n.. 174 AL~sknn Airports , -_..-- 178 Department of Interior .~.irports .... 181 Interstate Compacts relating to Airport Faciliti~s__._.~-. - 183 Ecuinment Trust Prcris~ons ,. 184 Government Guaranty rf Equipment Lcans Act-.. 185 Transitiona] Provisions in the Equipmect Loan Act of 1962 187 International A~'iation Facilities Act . 1~9 Air Mail and Air Parcel Post ... -- 1~i Authr.rity to Transport. Mail ~ .-.- ... 196 Transportation of Mail by Air .. 198 2883 PAGENO="1484" 2884 AIR LAWS AND TREATIES OF THE WORLD Page Air Navigation in the Canal Zone 201 Coast Guard Aids to Navigation and Ocean Stations 202 Printing and distribution of aeronautical charts 206 Regulations Enacted for Preventing Collisions at Sea 208 Loans of Army Aircraft and Equipment to Civilian Aviation Schools 224 Aircraft Confiscation Act 225 Stowaways __ Crimes in flight over the high seas 229 Willful damaging of aircraft 230 Willful damaging of property moving in commerce 233 Embezzlement and theft 234 Fse of aircraft to hunt wild horses 2~ Study of thunderstorms 237 Provision in Appropriation Act of 1950 [Transfer of Surplus Aircraft] __~ 238 Provisions in Defense Production Act of 1950 239 Provisions in Federal Trade Commission Act 240 Provisions in Part II of Interstate Commerce Act 241 Provisions in Federal Explosives Act 243 Provisions in Internal Revenue Code 244 Provisions in the Tariff Act of 1930 251 Provisions in the Transportation Act of 1940 253 Provisions in the Communications Act of 1934 254 Provisions in the Immigration and Nationality Act 255 Control of Transportation Systems in `Pime of War 256 Executive Order No. 9746 [Canal Zone] 257 Executive Order No. 10480 [Office of Defense Mobilization] 259 Executive Order No. 10536 [Federal Airport Act] 260 Executive Order No. 10764 [Suspension S-hour Work Law] 261 Executive Order No. 10786 [Transfer Functions Air. Mod. Bd. to FAA]~ 262 Executive Order No. 10797 [Authority Delegated to Bureau of the Budget]... 263 Executive Order No. 10854 [Extension of the Federal Aviation Act] 264 Executive Order No. 10883 and Memorandum [Termination of Air Co- ordina~in~r Committee] 265 Executive Order No. 10999 [Emergency Preparedness Functions of the ~cretary of Commerce] 257 Executive Order Xc. 11003 [Emergency Preparedness Functions of the Administrator of the FAA] 273 Executive Order No. 11047 [Authority Deiegated to the Secretary of De- fense and the Administrator of the FAA] 276 Executive Order No. 11048 and Agreement [Wake Island and Midway Island] 278 Ex~utive Order No. 11051 [Responsibilities of the Office of Emergency ~`ianning in the Executive Office of the President] 281 Lx~'~utive Order No. 11090 [Assigning Emergency Preparedness Functions to the Civil Aeronautics Board] 287 Opinions of the Attorney General 290 Mi,ltilateral Con centlons: Warsaw Convention (and Protocol) 324 C4~nvention en International Civil Aviation Protocol to Convention on International Civil Aviation 401 International Air Services Transit Agreement - 411 Convention on the International Recognition of Rights in Aircraft_. 419 Administrative Procedure Act 428 The regulations concerning aviation constitute Title 14 of the Code of Federal Regulations, as amended. PAGENO="1485" FEDERAL AVIATION ACT OF 1958 [Act of August 23, 1958, 72 Stat. 731; as amended by Act of July 8, 1959, 73 Stat. 180; Act of Augwit 25, 1959, 73 Stat. 427; Act of June 29, 1960, 74 Stat. 255; Act of July 12, 1960, 74 Stat. 445; Act of September 13, 1960, 74 Stat. 901; Act of July 20, 1961, 75 Stat. 210; Act of September 5, 1961, 75 Stat. 466,~ Act of September 13, 1961, 75 Stat. 497; Act of September 20, 1961, 75 Stat. 523; Act of October 4, 1961, 75 Stat. 785; Act of July 10, 1962, 76 Stat. 143; Act of October 11, 1962, 76 Stat. 832; Act of October 15, 1962, 76 Stat. 921; Act of October 15, 1962, 76 Stat. 936,~ Act of June 30,1964, 78 Stat. 236.] AN ACT To continue the Civil Aeronautics Board as an agency of the United States, to create a Federal Aviation Agency, to provide for the regulation and promotion of civil aviation in such manner as to best foster its development and safety, and to provide for the safe and efficient use of the airspace by both civil and military aircraft, and for other purposes. Be it enaeted by the Senate and Hoi~e of Representatives of the United States of America in Congress assembled, That this Act, divided into titles and sections according to the following table of contents, may be cited as the "Federal Aviation Act of 1958": TABLE OF CONTENTS TIThE I-GENERAL PROVISIONS Sec. 101. Definitions. Sec. 102. Declaration of policy: The Board. Sec. 103. Declaration of policy: The Administrator. Sec. 104. Public right of transit. TITLE IP-CIVIL AERONAUTICS BOARD; GENERAL POWERS OF BOARD Sec. 201. Continuation of existing Board. (a) General. (b) Qualifications of members. (c) Quorum, principal office, and seal. Sec. 202. Miscellaneous. (a) Officers and employees. (b) Supergrades (Repealed). (C) Temporary personnel. (d) Cooperation with other Federal agencies. Sec. 203. Authorization of expenditures and travel. (a) General authority. (b) Travel. (c) Acceptance of donations. Sec. 204. General powers and duties of the Board. (a) General powers. (b) Cooperation with State aeronautical agencies. (c) Exchange of information. (d) Publications. Sec. 205. Annual report. TITLE 111-ORGANIZATION OF AGENCY AN!) POWERS AND DUTIES OF ADMINISTRATOR Sec. 301. Creation of Agency. (a) General. (b) Qualifications of Administrator. (c) Principal office and seal. 2885 PAGENO="1486" 2886 A1F~ LAWS ~ND TREATIES OF THE WORLD Sec. 302 Organization of Agency. (a) Deputy Administrator. (h) Qualifications and status of Deputy Administrator. (c) Military participation. (d) Exchange of information. (e) Emergency status. (f) Officers and employees. (g) Study of special personnel problems. (h) Scientific employees. (1) Advisory committees and consultants. (j) Supergrades (Repealed). (k) Cooperation with other agencies. Sec. 303. Administration of the Agency. (a) Authorization of expenditures and travel. (b) Supplies and materials for overseas installations. (C) Acquisition and disposal of property. (d) Delegation of functions. Sec. 304. Authority of President to transfer certain functions. Sec. 305. Fostering of air commerce. Sec. 306. National defense and civil needs. Sec. 307. Airspace control and facilities (a) Use of airspace. (b) Air navigation facilities. (c) Air traffic rules. (d) Applicability of Administrative Procedure Act. (e) Exemptions. (f) Exception for military emergencies. Sec. 308. Expenditure of Federal funds for certain airports, etc. (a) Airports for other than military purposes. (b) Location of airports, landing areas, and missile and rocket sites. Sec. 309. Other airports. Sec. 310. Meteorological service. Sec. 311. Collection and dissemination of information. Sec. 312. Development planning. (a) General. (b) Aircraft. (c) Research and development. Sec. 313. Other powers and duties of Administrator. (a) General. (h) Publications. (c) Power to conduct hearings and Investigations. (d) Training schools. (e) Annual report. See. 314. Delegation of powers and duties to private persons. (a) Delegation by Administrator. (b) Application for reconsideration. TITLE TV-AIR CARRIER ECONOi'~JIC REGULATION Sec. 401. Certificate of public convenience and necessity. (a) Certificate required. (b) Application for certificate. (c) Notice of application. (d) Issuance of certificate. (e) Terms and conditions of certificate. (f) Effective date and duration of certificate. (g) Authority to modify, suspend, or revoke. (h) Transfer of certificate. (i) Certain rights not conferred by certificate. (j) Application for abandonment. (k) Compliance with labor legislation. (1) Requirement as to carriage of mail. (m) Application for new mail service. (n) Additional powers and duties of Board plemental air carriers. with respect to sup- PAGENO="1487" AIR LAWS AND TREATIES OF THE WORLD 2887 Sec. 402. Permits to foreign air carriers. (a) Permit required. (b) Issuance of permit. (c) Application for permit. (ci) Notice of application. (e) Terms and conditions of permit. (f) Authority to modify, suspend, or revoke. (g) Transfer of permit. Sec. 403. Tariffs of air carriers. (a) Filing of tariffs required. (b) Observance of tariffs; rebating prohibited. (c) Notice of tariff change. (ci) Filing of divisions of rates and charges required. Sec. 404. Rates for carriage of persons and property. (a) Carrier's duty to provide service, rates, and divisions. (b) Discrimination. Sec. 405. Transportation of mall. (a) Postal rules and regulations. (b) Mail schedules. (c) Maximum mail load. (d) Tender of mail. (e) Foreign postal arrangement. (f) Transportation of foreign ~ia1l. (g) Evidence of performance of mail service. (h) Emergency mail service. (I) Experimental airmail service. (j) Free travel for postal employees. Sec. 406. Rates for transportation of mail. (a) Authority to fix rates. (b) Ratemaking elements. (c) Payment. (d) Treatment of proceeds of disposition of certain property. (e) Statement of Postmaster General and carrier. (f) Weighing of mail. (g) Availability of appropriations. (h) Payments to foreign air carriers. Sec. 407. Accounts, records, and reports. (a) Filing of reports. (b) Disclosure of stock ownership. (c) Disclosure of stock ownership by officer or director. (ci) Form of accounts. (e) Inspection of accounts and property. Sec. 408. ConsolidatIon, merger, and acquisition of control. (a) Acts prohibited. (b) Powerof Board. (c) Interests in ground facilities. (ci) Jurisdiction of accounts of noncarriers. (e) Investigation of violations. Sec. 409. Prohibited interests. (a) Interlocking relationships. (b) Profit from transfer of securities. Sec. 410. Loans and financial aid. Sec. 411. Methods of competition. Sec. 412. Pooling and other agreements. (a) Filing of agreements required. (b) Approval by Board. Sec. 413. Form of control. Sec. 414. Legal restraints. Sec. 415. Inquiry into air carrier management. Sec. 418. Classification and exemption of carriers. (a) Classification. (b) Exemptions. Sec. 417. Special operating authorizations. (a) Authority of Board to issue. (b) Terms of authorization. (c) Procedure. PAGENO="1488" 2888 AIR LAWS AND TREATIES OF THE WORLD TITLE V-NATIONALT'fy AND OWNERSHIP OF AIRCRAFT Sec. 501. Registration of aircraft nationality. (a) Registration required. (1)) Eligibility for registration. (C) Issuance of certificate. (d) Applications. (e) Suspension or revocation. (f) Effect of registration. Sec. 502. Registration of engines, propellers, and appliances. Sec. 503. Recordation of aircraft ownership. (a) Establishment of recording system. (b) Recording of releases. (c) Conveyances to be recorded. (d) Effect of recording. (e) Form of conveyances. (f) Index of conveyances. (g) Regulations. (h) Previously unrecorded ownership. Sec. 504. LimitatIon of security owners liability. Sec. 505. neal ers' aircraft registration certificates. Sec. 506. Law govern~ing validity of certain instruments. TITLE VI-SAF~TY REGULATION 3 OF CIVIL AERONAUTICS Sec. 601. General safety powers and duties. (a) Minimum standards; rules and regulations. (b) Needs of service to be considered; classification of standards, etc. (c) Exemptions. Sec. (302. Airman certificates. (a) Power to issue certificate. (b) Issuance of certificate. (c) Form and recording of certificate. Sec. 603. Aircraft certificates. (a) Type certificates. (b) Production certificate. (c) Airworthiness certificate. See. 604. Air carrier operating certificates. (a) Power to issue. (b) Issuance. Sec. 605. Maintenance of equipment in air transportation. (a) Duty of carriers and airmen. (b) Inspection. Sec. (lOG. Air navigation facility rating. Sec. 607. Air agency rating. Sec. 608. Form of applications. Sec. 600. Amendment, suspension, and revocation of certificates. Sec. 010. Prohibitions. (a) Violations of title. (b) Exemption of foreign aircraft and airmen. TITLE VII-AIRCRjJ~ ACCIDENT INVESTIGATION' Sec. 701. Accidents involving civil aircraft. (a) General duties. (b) Temporary personnel. (c) Conduct of investigations. (d) Aircraft. (e) Use of records and reports as evidence. (f) Use of Agency in accident Investigations. (g) Participation by Agency. See. 702. Accidents involving military aircraft. Sec. 703. Special boards of inquiry. TITLE VTII-OTJIER ADMINISTRATIVE AGENCIES Sec. 801. The President of the United States. Sec. 802. The Department of State. Sec. 803. Weather Bureau. PAGENO="1489" AIR LAWS AND TREATIES OF THE WORLD 2889 TITLE IX-PENALTTh~S Sec. 901. Civil penalties. (a) Safety, economic, and postal offenses. (b) Liens. Sec. 902. Criminal penalties. (a) General. (b) Forgery of certificates and false marking of aircraft. (c) Interference with air navigation. (d) Granting rebates. (e) Failure to file reports; falsification of records. (f) Divulging information. (g) Refusal to testify. (h) Transportation of explosives and other dangerous articles. (I) Aircraft piracy. (j) Interference with flight crew members or flight attendants. (k) Certain crimes aboard aircraft in flight. (1) Carrying weapons aboard aircraft. (m) False information.. (n) Investigations by Federal Bureau of Investigation. (o) Interference with aircraft accident investigation. Sec. 903. Venue and prosecution of offenses. (a) Venue. (b) Procedure in respect of civil penalties. Sec. 904. Violations of Sec. 1109. TITLE X-PROCEDURE Sec. 1001. Conduct of proceedings. Sec. 1002. Complaints to and investigations by the Administrator and the Board. (a) Filing of complaints authorized. (b) Investigations on initiative of Administrator or Board. (c) Entry of orders for compliance with Act. (d) Power to prescribe rates and practices of air carriers. (e) Rule of ratemaking. (f) Removal of discrimination in foreign air transportation. (g) Suspension of rates. (h) Power to prescribe divisions of rates. (I) Power to establish through air transportation service. Sec. 1003. Joint boards. (a) Designation of boards. (b) Through service and joint rates. (c) ~urisdlction of boards. (d) Power of beards. (e) Judicial enforcement and review. Sec. 1004. Evidence. (a) Power to take evidence. (b) Power to issue subpena. (c) Enforcement of subpena. (d) Contempt (e) Deposition. (f) Method of taking depositions. (g) Foreign depositions. (h) Fees. (I) Compelling tes~:mcry. Sec. 1005. Orders, notices, and ser-ice, (a) Effective date of o'ders; emergency orders. (b) Designation of agent for service. (c) Other methods of service. (d) Suspension or modification of order. (e) Compliance with order required. (f) Form and service of orders. Sec. 1006. Judicial review of orders. (a) Orders of Board and Administrator subject to review. (b) Venue. (c) Notice to Board or Administrator; filing of transcript. (d) Power of court. (e) Findings of fact conclusive. (f) Certification of certiorari. 39-737 0-65-vol. II-~94 PAGENO="1490" 2890 AIR LAWS AND TREATIES OF THE WORLD See. 100?. Judicial enforcement (a) Jurisdiction of court. (b) Application for enforcement Sec. 1008. Participation in court proceedings. Sec. 104)9. Joinder of parties. TITLE XI-MISCELLANEOUS Sec. 1101. Hazards to air commerce. Sec. 1102. International agreenien ts. Sec. 1103. Nature and use of documents filed. Sec. 1104. Withholding of information. Sec. 1105. Cooperation with Government agencies. Sec. 1106. Rewedles not exclusive. Sec. 1107. Public use of facilities. Sec. lbs. Foreign aircraft. Sec. 1109. Application of existing laws relating to foreign commerce. Sec. 1110. Geographical extension of jurisdiction. Sec. 1111. Authority to refuse transportation. TITLE XII-SECURITY PROVISIONS See. 1201. Purpose. Sec. 1202. Security control of air traffic. Sec. 1203. Penalties. TITLE XllI-WAR RISK INSuRANCE Sec. 1301. DefinitIons. (a) American aircraft. (b) War risks. (c) Secretary. (d) Insurance company and insurance carrier. Sec. 1302. Authority to insure. (a) Power of Secretary. (b) Basis of insurance. Sec. 1303. Insurable persons, property, or interests. (a) Aircraft (b) Cargo. (c) Personal effects and baggage. (d) Persons. (e) Other interests. Sec. 1304. Insurance for departments and agencies. (a) Exception. (b) Indemnity agreements. Sec. 1305. Reinsurance. (a) Who may be reinsured. (b) Rates for reinsurauce. Sec. 1306. Collection and disbursement of funds. (a) Treasury revolving fund. (b) Appropriations. (c) Revolving fund excess. (d) Annual payment of costs. (e) Civil Service retirement system. Sec. 1307. Administrative powers of Secretary. (a) Regulatory and settlement (b) Forms, policies, amounts Insured, and rates. (c) Manner of administration. (d) Employment of aviation insurance companies and agents. (e) Cooperation with other agencies. (f) Budget program and accounts. Sec. 1308. Rights of airmen under existing law. Sec. 1309. Annual and quarterly reports to Congress. Sec. 1310. Judicial review of claims. See. 1311. Insurance of excess with other underwriters. Sec. 1312. Termination of title. PAGENO="1491" AIR LAWS AND TREATIES OF THE WORLD 2891 [~1Ol] TITLE XIV-REPEALS AND AMENDMENTS Sec. 1401. Repeals. Sec. 1402. Amendments to acts relating to airports. (a) Act relating to public airports. (b) Federal Airport Act. (c) Government Surplus Airports and Equipment Act. (d) Alaskan Airports Act. (e) Department of Interior Airports Act. (f) Washington National Airport Act. (g) Second Washington Airport Act. Sec. 1403. Amendments to the International Aviation Facilities Act. Sec. 1404. Amendments to Act relating to Coast Guard aids to navigation and ocean stations. Sec. 1405. Amendments to Federal Explosives Act. Sec. 1406. Amendments to Federal Property and Administrative Services Act of 1949. Sec. 1407. Amendments to Act relating to purchase and manufacture of mate- rials and supplies. Sec. 1408. Amendments to Experimental Air Mail Act. See. 1409. Amendments to Transportation of Foreign Mail by Aircraft Act. Sec. 1410. Amendments to Act relating to transportation of regular mall to Alaska by air. See. 1411. Amendment to provision in the Federal Trade Commission Act. TITLE XV-SAVING PROVISIONS AND EFFECTIVE DATE Sec. 1501. Effect of transfers, repeals, and amendments. (a) Existing rules, regulations, orders, and so forth. (b) Pending administrative proceedings. (c) Pending judicial proceedings. Sec. 1502. Personnel, property, and appropriations. Sec. 1503. Members, officers, and employees of the Board. Sec. 1504. Separability. Sec. 1505. Effective date. TITLE I-GENERAL PROVISIONS DEFINITIONS SEC. 101. [72 Stat. 737, as amended by 75 Stat. 467, 76 Stat. 143, 49 U.S.C. 1301] As used in this Act, unless the context otherwise requires- (1) "Administrator" means the Administrator of the Federal Avi- ation Agency. (2) "Aeronautics" means the science and art of flight. (3) "Air carrier" means any citizen of the United States who undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage in air transportation: Provided, That the Board may by order relieve air carriers who are not directly engaged in the operation of aircraft in air transportation from the provisions of this Act to the extent and for such periods as may be in the public interest. (4) "Air commerce" means interstate, overseas, or foreign air com- merce or the transportation of mail by aircraft or any operation or navigation of aircraft within the limits of any Federal airway or any operation or navigation of aircraft which directly affects, or which may endanger safety in, interstate, overseas, or foreign air commerce. (5) "Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air. PAGENO="1492" 2892 AIR LAWS AND TREATIES O~ THE WORLD [~1O1] (6) "Aircraft engine" means an engine used, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers. (7) "Airman" means any individual who engages, as the person in command or as pilot, mechanic, or member of the crew, in the naviga- tion of aircraft while under way; and (except to the extent the Administrator may otherwise provide with respect to individuals employed outside the United States) any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances; and any individ- ual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator. (8) "Air navigation facility" means any facility used in, available for use in, or designed for use in, aid of air navigation, including landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio-directional finding, or for radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. (9) "Airport" means a landing area used regularly by aircraft for receiving or discharging passengers or cargo. (10) "Air transportation" means interstate, overseas, or foreign air transportation or the transportation of mail by aircraft. (11) "Appliances" means instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, oper- ation, or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft engines, or propellers. (12) "Board" means the Civil Aeronautics Board. (13) "Citizen of the United States" means (a) an individual who is a citizen of the United States or of one of its possessions, or (b) a partnership of which each member is such an individual, or (c) a cor- poration or association created or organized under the laws of the United States or of any State, Territory, or possession of the United States, of which the president and two-thirds or more of the board of directors and other managing officers thereof are such individuals and in which at least 75 per centum of the voting interest is owned or con- trolled by persons who are citizens of the United States or of one of its possessions. (14) "Civil aircraft" means any aircraft other than a public air- craft. (15) "Civil aircraft of the United States" means any aircraft registered as provided in this Act. (16) "Conditional sale" means (a) any contract for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part under which possession is delivered to the buyer and the property is to vest in the buyer at a subsequent time, upon the payment of part or all of the price, or upon the performance of any other condition or the hap- pening of any contingency; or (b) any contract for the bailment or leasing of an aircraft, aircraft engine, propeller, appliance, or spare part, by which the bailee or lessee contracts to pay as compensation PAGENO="1493" AIR LAWS AND TREATIES OF THE WORLD 2893 [~1O1] a sum substantially equivalent to the value thereof, and by which it i~ agreed that the bailee o~ lessee is bound to become, or has the option of becoming, the owner thereof upon full compliance with the terms of the contract. The buyer, bailee, or lessee shall be deemed to be the person by whom any such contract is made or given. (17) "Conveyance" means a bill of sale, contract of conditional sale, mortgage, assignment of mortgage, or other instrument affecting title to, or interest in, property. (18) "Federal airway" means a portion of the navigable airspace of the United States designated by the Administrator as a Federal airway. (19) "Foreign air carrier" means any person, not a citizen of the United States, who undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in foreign air transporta- tion. (20) "Interstate air commerce", "overseas air commerce", and "for- eign air commerce", respectively, mean the carriage by aircraft of persons or property for compensation or hire, or the carriage of mail by aircraft, or the operation or navigation of aircraft in the conduct or furtherance of a business or vocation, in commerce between, re- spectively-- (a) a place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, or the District of Columbia; or between places' in the same State of the United States through the airspace over any place outside thereof; or between places in the same Territory or possession of the United States, or the District of Columbia; (b) a place in any State of the United States, or the District of Columbia., and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States, and a place in any other Territory or posses- sion of the United States; and (c) a place in the United States and any place outside thereof; whether such commerce moves wholly by aircraft or partly by air- craft and partly by other forms of transportation. (21) "Interstate air transportation", "overseas air transportation", and "foreign air transportation", respectively, mean the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft~ in commerce between, respectively- (a) a place in any State of the United States, or the District of Columbia, and a place ~n any other State of the United States, or the District of Columbia; or between places in the same State of the United States through the airspace over any piace outside thereof; or between places in the same Territory or possession of the United States, or the District of Columbia; (b) a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States, and a place in any other Territory or posses- sion of the United States; and (c) a place in the United States and any place outside thereof; whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation. PAGENO="1494" 2894 AIR LAWS AND TREATIES OF THE WORLD E~lol] (22) "Landing area" means any locality, either of land or water, including airports and intermediate landing fields, which is used~ or intended to be used, for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo. (23) "Mail" means United States mail and foreign-transit mail. (24) "Navigable airspace" means airspace above the minimum al- titudes of flight prescribed by regulations issued under this Act, and shall include airspace needed to insure safety in take-off and landrng of aircraft. (25) "Navigation of aircraft" or "navigate aircraft" includes the piloting of aircraft. (26) "Operation of aircraft" or "operate aircraft" means the use of aircraft, for the purpose of air navigation and includes the navigation of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of this £~ct. (27) "Person" means any individual, firm, copartnership, corpora- tion, company, association, joint-stock association, or body politic; and includes any trustee, receiver, assignee, or other similar repre- sentative thereof. (28) "Propeller" includes all parts, appurtenances, and accessories thereof. (29) "Possessions of the United States" means (a) the Canal Zone, but nothing herein shall impair or affect the jurisdiction which has heretofore been, or may hereafter be granted to the President in respect of air navigation in the Canal ~one; and (b) all other posses- sions of the United States. Where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, references in this Act to possessions of the United States shall be treated as also refer- ring to the Commonwealth of Puerto Rico. (30) "Public aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof in- cluding the government of any State, Territory, or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes. (31) "Spare parts" means parts, appurtenances, and accessories of aircraft (other than aircraft engines and propellers), of aircraft engines (other than propellers), of propellers and of appliances, maintained for installation or use in an aircraft, aircraft engine, propeller, or appliance, but which at the time are not installed therein or attached thereto. (32) "Supplemental air carrier" means an air carrier holding a certificate of public convenience and necessity authorizing it to engage in supplemental air transportation. (33) "Supplemental air transportation" means charter trips in air transportation, other than the transportation of mail by aircraft, rendered pursuant to a certificate of public convenience and necessity issued pursuant to section 401 (d) (3) of this Act to supplement the scheduled service authorized by certificates of public convenience and necessity issued pursuant to sections 401(d) (1) and (2) of this Act." PAGENO="1495" AIR LAWS AND TREATIES OF THE WORLD 2895 [~ 102-103] (34) "Ticket agent" means any person, not an air carrier or a for- eign air carrier and not a bona fide employee of an air carrier or foreign air carrier, who, as principal or agent, sells or offers for sale any air transportation, or negotiates for, or hQlds himself out by solici- tation, advertisement, or otherwise as one who sells, provides, fur- nishes, contracts or arranges for, such transportation. (35) "United States" means the several States, the District of Columbia, and the several Territories and possessions of the United States, including the territorial waters and the overlying airspace thereof. DECLARATION OF POLICY: TIlE BOAIU) SEc. 102. [72 Stat. 740, 49 U.S.C. 7302] In the exercise and per- formance of its powers and duties under this Act, the Board shall consider the following, among other things, as being in the public interest, and in accordance with the public convenience and necessity: (a) The encouragement and development of an air-transportation system properly adapted to the present and future needs of the f or- eign and domestic commerce of the United States, of the Postal Service, and of the national defense; (b) The regulation of air transportation in such manner as to recog- nize and preserve the inherent advantages of, assure the highest degree of safety in, and foster sound economic conditions in, such transporta- tion, and to improve the relations between, and coordinate transpor- tation by, air carriers; (c) The promotion of adequate, economical, and efficient service by air carriers at reasonable charges, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices; (d) Competition to the extent necessary to assure the sound de- velopment of an air-transportation system properly adapted to the needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense; (e) The promotion of safety in air commerce; and (f) The promotion, encouragement, and development of civil aeronautics. DECLARATION OF POLICY: THE ADMINiSTRATOR SEC. 103. [72 Stat. 740, 49 U.S.C. 1303] In the exercise and per- formance of his powers and duties under this Act the Administrator shall consider the following, among other things, as being in the public interest: (a) The regulation of air commerce in such manner as to best pro- mote its development and safety and fulfill the requirements of national defense; (b) The promotion, encouragement, and development of civil aeronautics; (c) The control of the use of the navigable airspace of the United States and the regulation of both civil and military operations in such airspace in the interest of the safety and efficiency of both; (d) The ernsolidation of research and development with respect to air navigation facilities, as well as the installation and operation thereof; PAGENO="1496" 2896 AIR LAWS AND TREATIES OF THE WORLD [~104, 2011 (e) The development and operation of a common system of air traffic control and navigation for both military and civil aircraft. PUBLIC RIGHT OF TRANSIT Sr~c. 104. [7~ Stat. 740,49 U.S.C. 1~O4] There is hereby recognized and declared to exist in behalf of any citizen of the United States a public right of freedom of transit through the navigable airspace of the United States. TITLE IT-CIVIL AERONAUTICS BOARD; GENERAL POWERS OF BOARD CONTINUATION OF EXISTING BOARD General SEC. 201. [7~ Stat. 741, 49 U.S.C. 13~1] (a) (1) The Civil Aero- nautics Board, created and established under the name "Civil Aero- nautics Authority" by section 201 of the Civil Aeronautics Act of 1938 and redesignated as the "Civil Aeronautics Board" by Reorganization Plan No. IV of 1940, is hereby continued as an agency of the United States, and shall continue to be composed of five members appointed by the President, by and with the advice and consent of the Senate, for terms of six years, beginning upon the expiration of the terms for which their predecessors were appointed, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remain- der of such term; but upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. (2) The members of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. No more than three of the members shall be appointed from the same political party. The President shall designate annually one of the members of the Board to serve as chairman and one of the members to serve as vice chairman, who shall act as chairman in the absence or incapacity of the chairman. Each member of the Board shall receive a salary at the rate of $20,000 per annum, except that the member serving as chairman shall receive a salary at the rate of $20,500 per annum. Qualifications of Members (b) The members of the Board shall be appointed with due regard to their fitness for the efficient dispatch of the powers and duties vested in and imposed upon the Board by this Act. Each member of the Board shall be a citizen of the United States and no member of the Board shall have any pecuniary interest in or own any stock in or Bonds of any civil aeronautics enterprise. No member of the Board shall engage in any other business, vocation, or employment. Quorum, Principal Office, and Seal (c) Three of the members shall constitute a quorum of the Board. The principal office of the Board shall be in the District of Columbia PAGENO="1497" AIR LAWS AND TREATIES OF THE WORLD 2897 [~ 202-203] where its general sessions shall be held, but whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, the Board may hold hearings or other proceedings at any other place. The Board shall have an official seal which shall be judicially noticed and which shall be preserved in the custody of the secretary of the Board. MISCELLANEOUS Officers and Employees SEC. 202. [72 Stat. 742, as amended by 75 Stat. 785, 49 U.S.C. 1322] (a) The Board is authorized, without regard to the civil-service and classification laws,' to appoint and prescribe the duties and fix the compensation of a secretary of the Board, and to fix the compensation of a secretary and an administrative assistant for each member, and subject to the civil-service and classification laws,2 to select, employ, appoint, and fix the compensation of such officers, employees, attor- neys, and agents as shall be necessary to carry out the provisions of this Act, and to define their authority and duties. Supergrades (b) [Repealed by Act of October 4, 1961,75 Stat. 785.] Temporary Personnel (c) The Board may, from time to time, without regard to the pro- visions of the civil-service laws, engage for temporary service such duly qualified consulting engineers or agencies, or other qualified per- sons as are necessary in the exercise and performance of the powers and duties of each, and fix the compensation of such engineers, agen- cies, or persons without regard to the Classification Act of 1949, as amended, and the expenses of such employment shall be paid out of sums appropriated for the expenses of the Board. Cooperation With Other Federal Agencies (d) The Board is authorized to use, with their consent, the avail- able services, equipment, personnel, and facilities of other civilian or military agencies and instrumentalities of the Federal Government, on a reimbursable basis when appropriate, and on a similar basis to cooperate with such other agencies and instrumentalities in the estab- lishment and use of services, equipment, and facilities of the Board. AUTHORIZATION OF EXPENDITURES AND TRAVEL General Authority SEC. 203. [72 Stat. 742, as amended by 76 Stat. 921, 49 U.S.C. 1323] (a) The Board is empowered to make such expenditures at the seat of government and elsewhere as may be necessary for the exercise and performance of the powers and duties vested in and imposed upon the Board by law, and as from time to time may be appropriated for by But see Act of November 26, 1940, 54 Stat. 1211, 5 U.S.C. 631a. `fbid. PAGENO="1498" 2898 AIR LAWS AND TREATIES OF THE WORLD {~2O4] Congress, including expenditures for (1) rent and personal services at Ilie seat of government and elsewhere; (2) travel expenses; (3) office furniture, equipment and supplies, lawbooks, newspapers, periodicals, and books of reference (including the exchange thereof); (4) print- ing and binding; (5) membership in and cooperation with such or- ganizations as are related to, or are part of the civil-aeronautics industry or the art of aeronautics in the United States or in any foreign country; (6) making investigations and conducting studies in matters pertaining to aeronautics; and (7) acquisition (including ex- change), operation, and maintenance of passenger-carrying automo- biles and aircraft, and such other property as is necessary in the exercise and performance of the. powers and duties of the Board: Provided, That no aircraft or motor vehicle purchased under the pro- visions of this section, shall be used otherwise than for official business. Travel (b) Travel by personnel of the United States Goveriiment on com- mercial aircraft, domestic or foreign, including travel between air- ports and centers of population or posts of duty when incidental to travel on commercial aircraft, shall be allowed at public expense when authorized or approved by competent authority, and transpor- tation requests for such travel may be issued upon such authoriza- tions. Such expense shall be allowed without regard to comparative costs of transportation by aircraft with other modes of transportation. Acceptance of Donations (c) The Board, on behalf of the United States, is authorized to accept any gift or donation of money or personal property, or of services, where appropriate, for the purposes of its functions under title VII of this Act. For adequate compensation, by sale, lease, or otherwise, tile Board, on behalf of the United States, is authorized to dispose of any such personal property or interest therein: Provided, That such disposition shall be made in accordance with the Federal Property and Administrative Services Act of 1949, as amended. GENERAL POWERS AND DtJTLE5 OF TIrE BOARD General Powers SEC. 204. [7~ Stat. 74~, 49 U.S.C. 1324] (a) The Board is empow- ered to perform such acts, to conduct such investigations, to issue and amend such orders, and to make and amend such general or special rules, regulations, and procedure, pursuant to and consistent with the provisions of this Act, as it shall deem necessary to carry out the provisions of, and to exercise and perform its powers and duties under this Act. Cooperation With State Aeronautical Agencies (b) The Board is empowered to confer with or to hold joint hear- ings with any State aeronautical agency, or other State agency, in connection with any matter arising under this Act within its jurisdic- tion, and to avail itself of the cooperation, services, records, and fa- PAGENO="1499" AlE LAWS AN!) TREATIES OF THE WORLD 2899 [~ 205, 3011 cilities of such State agencies as fully as may be practicable in the administration and enforcement of this Act. Exchange of information (c) The Board is empowered to exchange with foreign govern- ments, through appropriate agencies of the United States, informa- tion pertaimng to aeronautics. Publications (d) Except as may be otherwise provided in this Act, the Board shall make a report in writing in all proceedings and investigations under this Act in which formal hearings have been held, and shall state in such report its conclusions together with its decision, order, or requirement in the premises. All such reports shall be entered of record and a copy thereof shall be furnished to all parties to the pro- ceeding or investigation. The Board shall provide for the publica- tion of such reports, and all other reports, orders, decisions, rules, and regulations issued by it under this Act in such form and manner as may be best adapted for public information and use. Publications purporting to be published by the Board shall be competent evidence of the orders1 decisions, rules, regulations, and reports of the Board therein contained in all courts of the United States, and of the sev- eral States, Territories, and possessions thereof, and the District of Columbia, without further proof or authentication thereof. ANNUAL REPORT SEc. 205. [7~ Stat. 744, 49 U.S.C. 1325] The Board shall make an annual report to the Congress, copies of which shall he distributed as are other reports transmitted to Congress. Such report shall contain in addition to a report of the work performed under this Act, such information and data collected by the Board as may be considered of value in the determination of questions connected with the develop- ment and regulation of civil aeronautics, together with such recom- mendations as to additional legislation relating thereto as the Board may deem necessary, and the Board may also transmit recommenda- tions as to legislation at any other time. TITLE 111-ORGANIZATION OF AGENCY AND POWERS AND DUTIES OF ADMINISTRATOR CREATION OF AGENCY General SEC. 301. [72 Stat. 744, 49 U.S.C. 1341] (a) There is hereby estab- lished the Federal Aviation Agency, referred to in this Act as the "Agency". The Agency shall be headed by an Administrator who shall be appointed by the President, by and with the advice and con- sent of the Senate, and who shall receive compensation at the rate of $22,500 per annum. The Administrator shall be responsible for the exercise of all powers and the discharge of all duties of the Agency, and shall have authority and control over all personnel and activities thereof. In the exercise of his duties and the discharge of his re- PAGENO="1500" 2900 AIR LAWS AND TREATIES OF THE WORLD [~ 302] sponsibilities under this Act, the Administrator shall not submit his decisions for the approval of, nor be bound by the decisions or rec- ommendations of, any committee, board, or other organization created by Executive order. Qualifications of Administrator (b) The Administrator shall be a citizen of the United States, and shall be appointed with due regard for his fitness for the efficient dis- charge of the powers and duties vested in and imposed upon hnn by this Act. At the time of his nomination he shall be a civilian and shall have had experience in a field directly related to aviation. The Administrator shall have no pecuniary interest in or own any stock in or bonds of any aeronautical enterprise nor shall he engage in any other business, vocation, or employment. Principal Office and Seal (c) The principal office of the Agency shall be in or near the Dis- trict of Columbia, but it may act and exercise all its powers at any other place. The Agency shall have an official seal which shall be judicially noticed. ORGANIZATION OF AGENCY Deputy Administrator SEC. 302. [72 Stat. 744. as amended by 75 Stat. 785, 76 Stat. 864, 49 11.5.0. 1342, 1342] (a) There shall be a Deputy Administrator of the Agency who shall be appointed by the President by and with the ad- vice and consent of the Senate. The Deputy Administrator shall re- ceive compensation at the rate of $20,500 per annum, and shall per- form such duties and exercise such powers as the Administrator shall prescribe. The Deputy Administrator shall act for, and exercise the powers of, the Administrator during his absence or disability. QUALIFICATIONS AND STATUS OF DEPUTY ADMINISTRATOR (b) The Deputy Administrator shall be a citizen of the United States, and shall be appointed with due regard for his fitness for the efficient discharge of the powers and duties vested in and imposed upon him by this Act. At the time of his nomination he shall have had experience in a field directly related to aviation. He shall have no pecuniary interest in nor own any stocks in or bonds of any aeronau- tical enterprise, nor shall he engage in any other business, vocation, or employment. Nothing in this Act or other law shall preclude ap- pointment to the position of Deputy Administrator of an officer on active duty with the armed services; except that if the Administrator is a former regular officer of any one of the armed services, the Deputy Administrator shall not be an officer on active duty with one of the armed services or a retired regular officer or a former regular officer of one of the armed services. Any officer on active duty or any retired officer, while serving as Deputy Administrator, shall continue to hold rank and grade not lower than that in which serving at the time of his appointment as Deputy Administrator, and shall be entitled to receive (1) the compensation provided for the Deputy Administrator by subsection (a) of this section, or (2) the military pay and allow- PAGENO="1501" AIR LAWS AND TREATIES OF THE WORLD 2901 t~3O2] ances (including personal money allowance) or the retired pay, as the case may be, payable to a commissioned officer of his grade and length of service, whichever he may elect. Whenever any officer serving as Deputy Administrator elects to receive his military pay and allow- ances (including personal money allowance), or his retired pay, as the case may be, the appropriate lepartment shall be reimbursed from any funds available to dehay the expenses of the Agency. MILITARY PARTICIPATION (c) (1) In order to insure that the interests of national defense are properly safeguarded and that the Administrator is properly advised as to the needs and special problems of the armed services, the Admin- istrator shall provide for participation of military personnel in car- rying out his functions relating to regulation and protection of air traffic, including provision of air navigation facilities, and research and development with respect thereto, and the allocation of airspace. Members of the Army, the Navy, the Air Force, the Marine Corps, or the Coast Guard may be detailed by the appropriate Secretary, pur- suant to cooperative agreements with the Administrator, including such agreement on reimbursement as may be deemed advisable by the Administrator and the Secretary concerned, for service in the Agency to effect such participation. (2) Appointment to, acceptance of, and service as Deputy Admin- istrator or under such cooperative agreements shall in no way affect status, office, rank, or grade which commissioned officers or enlisted men may occupy or hold, or any emolument, perquisite, right, privi- lege, or benefit incident to or arising out of any such status, office, rank, or grade. No person so detailed or appointed shall be subject to direction by or control by the department from which detailed or appointed or by any agency or officer thereof directly or indirectly with respect to his responsibilities under this Act or within the Agency. (3) The Administrator, within six months of the effective date of this paragraph and semiannually thereafter, shall report in writing to the appropriate committees of the Congress on agreements entered into under this subsection, including the number, rank, and positions of members of the armed services detailed pursuant thereto, together with his evaluation of the effectiveness of such agreements and assign- ments of personnel thereunder in accomplishing the purposes of such subsection. Exchange of Information (d) In order to assist the Administrator further in the discharge of responsibilities under this Act, the Administrator and the Secretary of Defense, and the Administrator and the Administrator of the National Aeronautics and Space Administration, are directed to estab- lish by cooperative agreement suitable arrangements for the timely exchange of information pertaining to their programs, policies, and requirements directly relating to such responsibilities. Emergency Status (e) The Administrator shall develop, in consultation with the De- partment of Defense and other affected Government agencies, plans PAGENO="1502" 2902 A[i~ LAWS AYD TREATIES OF THE WORLD [~3O2] for the effective discharge of the res~onsibilities of the Agency in the event of war, and shall propose to Congress on or before January 1, 1960, legislation for such purpose: Provided, That in the event of war the President by Executive order may transfer to the Department of Defense any functions (including powers, duties, activities, facil- ities, and parts of functions) of the Agency prior to enactment of such proposed legislation. In connection with any such transfer, the President may provide for appropriate transfers of records, property, and personnel. Officers and Employees (f) The Administrator is authorized, subject to the civil-service and classification laws, to select, employ, ap~int, and fix the com- pensation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisions of this Act, and to define their authority and ftuties, excent that the Administrator may fix the com- pensation for not more dian twenty-three positions at rates not to exceed the highest. rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended. Study of Special Personnel Problems (g) The Administrator shall make a study, in consultation with other affected Government agencies, of personnel problems inherent in the functions of the Agency, giving due consideration to the need for (1) special qualifications and training, (2) special provisions as to pay, retirement, and hours of service, and (3) special provisions to assure availability, responsiveness, and security status of essential per- sonne~ in in~fiiiing national defense requirements, and shall report the. results thereof, and make recommendations for legislation thereon, to Congress on or before January 1, 1960. Scientific Employees (h) The. Administrator is authorized to establish and fix the corn- pensat ion for not to exceed twenty positions of officers and employees of the Agency of a scientific or professional nature without regard to the Classification Act of 1949, as amended, each such position being estabflshed to effectuate those. research~ development, and related activities of t.he Agency which require the services of specially qual- ified scientific or professional personnel. The rates of basic compensa- tion for positions established pursuant to this subsection shall not exceed the maximum rate payable under the Act of August 1, 1947 (Public Law 313, Eightieth Congress), as amended, and Title V of the Act of July 31, 1956 (Public Law 854, Eighty-fourth Congress), and shall be subject to the approval of the Civil Service Commission. Positions created pursuant to this subsection shall be included in the classified civil service of the United States, but. appointment to such pos~tions shall be made ~sitLout competitive examination upon ap- proval of the proposed appointee's qualifications by the Civil Service Commission or such officers or agents as it may designate for this ~urnose. Advisory Committees and Consultants (i) The Administrator is authorized to appoint such advisory com- mittees as shall be appropriate for the purpose of consultation with PAGENO="1503" AIR LAWS AND TREATIES OF THE WORLD 2903 [~ 303] and advice to the Agency in performance of its ftmctions hereunder and to obtain services authorized by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals, and for not to exceed one hundred days in any calendar year in the case of any individual. Members of such com- mittees shall be. entitled to travel expenses and per diem as authorized by the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2), for all persons employed intermittently as consultants or experts receiving compensation on a per diem basis. (j) [Repealed by Act of October 9, 1961, 75 Stat. 785.] Cooperation With Other Agencies (k) The Administrator is authorized to use with their consent the available services, equipment, personnel, and facilities of other civilian or military agencies and instrumentalities of the Federal Government, on a reimbursable basis when appropriate, and on a similar basis to cooperate with such other agencies and instrumentalities in the estab- lishment and use of services, equipment, and facilities of the Agency. The Administrator is further authorized to confer with and avail him- self of the cooperation, services, records, and facilities of State, Terri- torial, municipal or other local agencies. ADMTNISTRATION OF THE AGENCY Authorization of Expenditures and Travel SEC. 303. [7~ Stat. 747, 49 U.S.C. 1344] (a) The Administrator is empowered to make such expenditures at the seat of government and elsewhere as may be necessary for the exercise and performance of the powers and duties vested in and imposed upon him by law, and as from time to time may be appropriated for by Congress, including expenditures for (1) rent and personal services at the seat of govern- ment and elsewhere; (2) travel expenses; (3) office furniture, equip- ment and supplies, lawbooks, newspapers. periodicals, and books of reference (including the exchange thereof); (4) printing and bind- ing; (5) membership in and cooperation with such organizations as are related to, or are part of, the civil aeronautics industry or the art of aeronautics in the United States or in any foreign country; (6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent as authorized from time to time for members of the Foreign Service of the United States of compar- able grade; (7) making investigations and conducting studies in matters pertaining to aeronautics; and (8) acquisition (including exchange), operation and maintenance of passenger-carrying auto- mobiles and aircraft, and such other property as is necessary in the exercise and performance of the powers and duties of the Adminis- trator: Provided, That no aircraft or motor vehicles, purchased under the provisions of this section, shall be used otherwise than for official business. PAGENO="1504" 2904 AIR LAWS AND TREATIES OF THE WORLD [~3O3l Supplies and Materials for Overseas Installations (b) When appropriations for any fiscal year for the Agency have not been made prior to the first day of March preceding the beg~inning of such fiscal year, the Administrator may authorize such officer or officers as may be designated by him to incur obligations for the pur- chase and transportation of supplies and materials necessary to the proper execution of the Administrator's functions at installations out- side the continental United States, including those in Alaska, in amounts not to exceed 75 per centum of the amount that had been made available for such purposes for the fiscal year then current, payments of these obligations to be made from the appropriations for the next succeeding fiscal year when they become available. Acquisition and Disposal of Property (c) The Administrator, on behalf of the United States, is author- ized, where appropriate: (1) to accept any conditional or uncondi- tional gift or donation of money or other property, real or personal, or of services; (2) within the limits of available appropriations made by the Congress therefor, to acquire by purchase, condemnation, lease, or otherwise, real property or interests therein, including, in the case of air navigation facilities (including airports) owned by the United States and operated under the direction of the Administrator, ease- ments through or other interests in airspace immediately adjacent thereto and needed in connection therewith: Provided, That the au- thority herein granted shall not include authority for the acquisition of space in buildings for use by the Federal Aviation Agency, suitable accommodations for which shall be provided by the Administrator of General Services, unless the Administrator of General Services de- termines, pursuant to section 1(d) of Reorganization Plan Numbered 18, 1950 (64 Stat. 1270; 5 U.S.C. 133z-15 note), that the space to be acquired is to be utilized for the special purposes of the Federal Aviation Agency and is not generally suitable for the use of other agencies; (3) for adequate compensation, by sale, lease, or otherwise, to dispose of any real or personal property or interest therein: Pro- vided, That, except for airport and airway property and technical equipment used for the special purposes of the Agency, such disposi- tion shall be made in accordance with the Federal Property and Ad- ministrative Services Act of 1949, as amended; and (4) to construct, improve, or renovate laboratories and other test facilities and to pur- chase or otherwise acquire real property required therefor. Any such acquisition by condemnation may be made in accordance with the provisions of the Act of August 1, 1888 (40 U.S.C. 257; 25 Stat. 357), the Act of February 26, 1931 (40 U.S.C. 258a-258e; 46 Stat. 1421), or any other applicable Act: Provided, That in the case of condemna- tions of easements through or other interests in airspace, in fixing con- demnation awards, consideration may be given to the reasonable prob- able future use of the underlying land. Delegation of Functions (d) The Administrator may, subject to such regulations, supervi. sion, and review as he may prescribe, from time to time make such PAGENO="1505" AiR LAW~ ANDT RRATf1i~ iT 11 E WORLD 2905 {~ 304-307] provision as he shall deem appropriate authorizing the performance by any office.r, employee, or administra.tz.ve unit under his jurisdiction of any function under this Act; or, with its consent, authorizing the performance by any other Federal department or agency of any func- tion under section 307(b) of this Act. AUTIIORITY OF PRESIDENT TO TRANSFER CERTAIN FUNCTIONS SEC. 304. [72 Stat. 749, 4.9 U.S.C. 134.5] The President may trans- fer to the Administrator any functions (including powers, duties, activities, facilities, and parts of functions) of the executive depart- ments or agencies of the Govermnent or of any officer or organiza- tional entity thereof which relate primarily to selecting, developing, testing, evaluating, establishing, operating and maintaining systems, procedures, facilities, or devices for safe and efficient air navigation and air traffic control. In connection with any such transfer, the President may provide for appropriate transfers of records, property, and for necessary civilian and rhilitary personnel to be made available from the other office, department, or other agency from which the transfer is made. FOSTERING OF AIR COMMERCE SEC. 305. [72 Stat. 749, 4.9 U.S.C. 1346] The Administrator is em- powered and directed to encoura.ge and foster the development of civil aeronaut.ics and air commerce in the United States and abroad. NATIONAL DEFENSE AND CIVIL NEEDS SEC. 306. [72 Stat. 749, 49 U.S.C. 1347] In exercising t.he authority granted in, and discharging the duties imposed by, this Act., the Ad- ministrator shall give full consideration to the requirements of na- tional defense, and of commercial and general aviation, and t.o the public right of freedom of transit through the navigable airspace. AIRSPACE CONTROL AND FACILITIES Use of Airspace SEC. 307. [72 Stat. 749, 4.9 U.S.C. 1348] (a) The Administrator is authorized and dire.cted to develop plans for and formulate policy with respect t.o the use of the navigable airspace; and assign by rule., regulation, or order the use of the navigable airspace under suc.h terms, conditions, and limitations as he may deem necessary in order to insure the safety of aircraft and the efficient utilization of such airspace. He may modify or revoke such assignment when required in the public interest. Air Navigation Facilities (b) The Administrator is authorized, within the limits of available appropriations made by the Congress, (1) to acquire, establish, and improve air-navigation facilities wherever necessary; (~) to operate and maintain such air-navigation faci]ities; (3) to arrange for publi- cation of aeronautical maps a.nd charts necessary for the safe and effi- cient movement of aircraft in air navigation utilizing the facilities 39-737 O-G5-vol. II-~D PAGENO="1506" 2906 AT~ LA~V~ AND TflF:ATIF:s OF THE WORLD [~3O8] and assistance of existing agencies of the Government so far as practi- cable: and (4) to provide necessary facilities and personnel for the regulation and protection of air traffic. Air Traffic Rules (c) The Administrator is further authorized and directed to pre- scribe air traffic rules and regulations governing the flight of aircraft, for the navigation, protection, and identification of aircraft, for the protection of persons and property on the ground, and for the efficient utilization of the navigable airspace including rules as to safe alti- tudes of flight and rules for the prevention of collison between air- craft, between aircraft and land or water vehicles, and between aircraft and airborne objects. Applicability of Administrative Procedure Act (d) In the exercise of the ru1emaking authority under subsections ~a) and (c) of this section, the Administrator shall be subject to the provisions of the Administrative Procedure Act, notwithstanding any exception relating to military or naval functions in section 4 thereof. Exemptions (e) The Administrator from time to time may grant exemptions from the requirements of any rule or recrulation prescribed under this title if he finds that such action woul~ be in the public interest. Exception for Military Emergencies (f) When it is essential to the defense of the United States because of a military emergency or urgent military necessity, and when appro- priate military authority so determines, and when prior notice thereof is given to the Administrator, such military authority may authorize deviation by military aircraft of the national defense forces of the United States from air traffic rules issued pursuant to this title. Such prior notice shall be given to the Administrator at the earliest time practicable and, to the extent time and circumstances permit, every reasonable effort shall be made to consult fully with the Administra- tor and to arrange in advance for the required deviation from the rules on a mutually acceptable basis. EXPENDITURE OF FEDERAL FUNDS FOR CERTAIN AIRPORTS, !~TC. Airports for Other Than Military Purposes SEc. 308. [7~ Stat. 7.50, 49 U.S.C. 1~49] (a) No Federal funds, other than those expended under this Act, shall be expended, other than for military purposes (whether or not in cooperation with State or other local governmental agencies), for the acquisition, establish- ment, construction, alteration, repair, maintenance, or operation of any landing area, or for the acquisition, establishment, construction, maintenance, or operation of air navigation facilities thereon, except upon written recommendation and certification by the Administrator that such landing area or facility is reasonably necessary for use in PAGENO="1507" \1 1~ LA\V~ \\ I) III F\TI 1I~ ~ T}{F; WO1~Li) 2907 [~ 309-3111 air commerce or in the interests of national defense. Any interested person may apply to the Administrator, under regulations prescribed by him, for such recommendation and certification with respect to any landing area or air navigation facility proposed to be established, constructed, altered, repaired, maintained, or operated by, or in the interests of, such person. There shall be no exclusive right for the use of any landing area or air navigation facility upon which Federal funds have been expended. Location of Airports, Landing Areas, and Missile and Rocket Sites (b) In order to assure conformity to plans and policies for alloca- tions of airspace by the Administrator under section 307 of this Act, no military airport or landing area, or missile or rocket site shall be acquired, established, or constructed, or any runway layout substan- tially altered, unless reasonable prior notice thereof is given the Administrator so that he may advise with the appropriate committees of the Congress and other interested agencies as to the effects of such acquisition, establishment, construction, or alteration on the use of airspace by aircraft. In case of a disagreement between the Adminis- trator and the Department of Defense or the National Aeronautics and Space Administration the matter may be appealed to the Presi- dent for final determination. OTHER AIRPORTS SEC. 309. [7~ Stat. 751, 49 U.S.C. 1350] In order to assure con- formity to plans and policies for, and allocations of, airspace by the Administrator under section 307 of this Act, no airport or landing area not involving expenditure of Federal funds shall be established, or constructed, or any runway layout substantially altered unless reasonable prior notice thereof is given the Administrator, pursuant to regulations prescribed by him, so that he may advise as to the effects of such construction on the use of airspace L~ aircraft. METEOROLOGICAL SERVICE SEC. 310. [7~ Stat. 751,449 U.S.C. 1351] The Administrator is em- powered and directed to make recommendations to the Secretary of Commerce for providing meteorological service necessary for the safe and efficient movement of aircraft in air commerce. In providing meteorological services, the Secretary of Commerce shall cooperate with the Administrator and give full consideration to such recommendations. COLLECTION AND DISSEMINATION OF INFORMATION SEa. 311. [7~ Stat. 751, 49 U.S.C. 135~] The Administrator is em- powered and directed to collect and disseminate information relative to civil aeronautics (other than information collected and dissem- inated by the Board under titles IV and VII of this Act) ; to study the possibilities of the development of air commerce and the aero- nautical industry; and to exchange with foreign governments, through appropriate governmental channels, in formation pertaining to civil aeronautics. PAGENO="1508" 2908 .~Ic LAWS :~ND TREATIES OF THE WORLD ~ 312-313] DEVELOPMENT PLANNING General SEC. 312. [7~ S~if. 752. 49 U.S.C. 1353] (a) The Administrator is directed to make long range plans for and formulate policy with respect to the orderly d~celopment and use of the navigable airspace, and the orderly deveiopni~nt~ and location of landing areas, Federal airways, radar installations and ~ cther aids and ?acilities for air navigation, as will best meet the needs of, and serve the interest of civil aeronautics and national defense, except for those needs of miii- tarv agencies which are peculiar to air warfare and primarily of military concern. Aircraft (b) The Administrator is empowered to undertake or supervise such developmental work and service testing as tends to the creation of improved aircraft, aircraft engines, propellers, and appliances. For such purpose, the Administrator is empowered to make purchases (including exchange) by negotiation, or otherwise, of experimental aircraft, aircraft engines, propellers, and appliances, which seem to offer special advantages to aeronautics. Research and Development (c) The Administrator shall develop, modify, test, and evaluate systems, procedures. facilities, and devices, as well as define the per- formance characteristics thereof, to meet the needs for safe and effi- cient navigation and traffic control of all civil and military aviation except for those needs of military agencies which are peculiar to air warfare and primarily of military concern, and select such systems, procedures, facilities, and devices as will best serve such needs and will promote maximum coordination of air traffic control and air defense systems. Contracts may be entered into for this purpose with- outS regard to section 3643 of the Revised Statutes, as amended (31 TJS.C. 529). When there~ is any substantial question as to whether a matter is of primary concern to the military, the Administrator is authorized and directed to determine whether he or the appropriate military agency shall have responsibility. Technical information concerning any research and development projects of the military agencies which have potential application to the needs of, or possible conflict with, the common system shall be furnished to the Adminis- trator to the maximum extent necessary to insure that common system application potential is properly considered and potential future con- flicts with the common system are eliminated. OTHER POWERS AND DUTIES OF ADMINISTRATOR General SEC. 313. [72 5fI~. 752, 49 U.S.C. 1354] (a) The Administrator is empowered to perform such acts, to conduct such investigations, to issue and amend such orders, and to make and amend such general or special rules, regulations, and procedures, pursuant to and consistent PAGENO="1509" ;\IR 1~AW~ ANI) TNEATII~ OF THE WOEIJ) 2909 [~ 312-313] with the provisions of this Act, as he shall deem necessary to carry out the provisions of, and to exercise and perform his powers and duties under, this Act. Publications (b) Except as may be otherwise provided in this Act, the Admin- istrator shall make a report in writing on all proceedings and in- vestigations under this Act in which formal hearings have been held, and shall state in such report his conclusions together with his deci- sions, order, or requirement in the premises. All such reports shall be entered of record and a copy thereof shall be furnished to all parties to the proceeding or investigation. The Administrator shall provide for the publication of such reports, and all other reports, orders, de- cisions, rules, and regulations issued by him under this Act in such form and manner as may be best adapted for public information and use. Publications purporting to be published by the Administrator shall be competent evidence of the orders, decisions, rules, regulations, and reports of the Administrator therein contained in all courts of the United States, and of the several States, Territories, and posses- sions thereof, and the District of Columbia, without further proof or authentication thereof. Power To Conduct Hearings and Investigations (c) In the conduct of any public hearings or investigations author- ized by this Act or by the Federal Airport Act, the Administrator shall have the same powers t.o take evidence, issue subpenas, take dep- ositions and compel testimony as are vested in members of the Board and its àuly designated examiners by section 1004 of this Act. Actions of the Administrator in such cases shall be governed by the procedures specified in section 1004 and be enforced in the manner provided therein. Training Schools (d) The Administrator is empowered to conduct a school or schools for the purpose of training employees of the Agency in those subjects necessary for the proper performance of all authorized functions of the Agency. He rna.y also authorize attendance at courses given in such school or schools of other governmental personnel, and personnel of foreign governments, or personnel of the aeronautics industry: Provided, That in the event the attendance of such persons shall in- crease the cost of operation of such school or schools, the Administra- tor may require the payment or transfer of sufficient funds or other appropriate consideration to offset the additiona.l costs. In provid- ing any training to employees of t.he Agency or of other agencies of the Federal Government., the Administrator shall be subject to the provisions of the Government Employees Training Act (72 Stat. 327). Funds received by the Administrator hereunder may be credited (1) to appropriations current at the time the expenditures are to be or have been paid, (2) to appropriations current at. the time such funds are received, or (3) in part as provided under clause (1) and in part as provided under clause (2). PAGENO="1510" 2910 \I!~ LAWS \ND T!flATIES OF THE WORLD [~ 314, 401] Annual Report (e) The Administrator shall submit to the President and to the Congress an annual report. Such report shall contain, in addition to a report of the work performed under this Act, such information and data collected by the Administrator as may be considered of value in the determination of questions connected with the development and regulation of civil aeronautics, the utilization of national air- space, and the improvement of the air navigation and traffic control system, together with such recommendations as to additional legisla- tion related thereto as the Administrator may deem necessary, and the Administrator may also transmit recommendations as to legisla- tion at any other time. DELEOATION OF POWERS AND DUTIES TO PRIVATE PER8ONS Delegation by Administrator SEC. 314. [7~ Stat. 754, 4D U.S.C. 1355] (a) In exercising the powers and duties vested in him by this Act, the Administrator may, subject to such regulations, supervision, and review as he may pre- scribe, delegate to any properly qualified private person, or to any employee or employees under the supervision of such person, any work, business, or function respecting (1) the examihation, inspection, and testing necessary to the issuance of certificates under title VI of this Act, and (2) the issuance of such certificates in accordance with standards established by him. The Administrator may establish the maximum fees which such private persons may charge for their serv- ices and may rescind any delegation made by him pursuant to this subsection at any time and for any reason which he deems appropriate. Application for Reconsideration b) Any person affected by any action taken by any private person exercising delegated authority under this section may apply for reconsideration of such action by the Administrator. The Adminis- trator upon his own initiative, with respect to the authority granted under subsection (a), may reconsider the action of any private person either before or after it has become effective. If, upon reconsidera- tion by the Administrator, it shall appear that the action in question is in any respect unjust or unwarranted, the Administrator shall reverse, change, or modify the same accordingly; otherwise such action shall be affirmed: Provided, That nothing in this subsection shall be construed as modifying, amending, or repealing any provi- sions of the Administrative Procedure Act. TITLE TV-AIR CARRIER ECONOMIC REGULATION CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Certificate Required SEC. 401. [7~ Stat. 754, a.s amended by 76 Stat. 143, 49 U.S.C. 1371] (a) No air carrier shall engage in any air transportation unless there is in force a certificate issued by the Board authorizing such air carrier to engage in such transportation. PAGENO="1511" ;\II~ 1~A~V~ \\T) TU!'.\T iF~ ~F Tl1[\V~T~D 2911 [~4o1] Application for Certificate (b) Application for a certificate shall be made in writing to the Board and shall be so verified, shall be in such form and contain such information, and shall be accompanied by such proof of service upon such interested persons, as the Board shall by regulation require. Notice of Application (c) Upon the filing of any such application, the Board shall give due notice thereof to the public by posting a notice of such applica- tion in the office of the secretary of the Board and to such other persons as the Board may by regulation determine. kny interested person may file with the Board a protest or memorandum of opposi- tion to or in support of the issuance of a certificate. Such application shall be set for a public hearing, and the Board shall dispose of such application as speedily as possible. Issuance of Certificate (d) (1) The Board shall issue a certificate authorizing the whole or any part of the transportation covered by the application, if it finds that the applicant is fit, willing, and able t~ perform such trans- portation properly, and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder, and that such transportation is required by the public convenience and necessity; otherwise such application shall be denied. (2) In the case of an application for a certificate to engage in temporary air transportation, the Board may issue a certificate au- thorizing the whole or any part thereof for such limited J?eriods as may be required by the public convenience and necessity, if it finds that the applicant is fit, willing, and able properly to perform such transportation and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder. (3) In the case of.an application for a certificate to engage in sup- plemental air transportation, the Board may issue a certificate, to any applicant not holding a certificate under paragraph (1) or (2) of this subsection, authorizing the whole or any part thereof, and for such periods, as may be required by the public convenience and necessity, if it finds that the applicant is fit, willing, and able properly to perform the transportation covered by the application and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder. Any certificate issued pursuant to this para- graph shall contain such limitations as the Board shall find necessary to assure that the service rendered pursuant thereto will be limited to supplemental air transportation as defined in this Act. Terms and Conditions of Certificate (e) (1) Each certificate issued under this section shall specify the terminal points and intermediate points, if any, between which the air carrier is authorized to engage in air transportat ion and the service to be rendered; and there shall be attached to the exercise of the privi- leges granted by the certificate, or amendment thereto, such reasonable terms, conditions, and limitations as the public interest may require. PAGENO="1512" 2912 AlE L\W~ A\T) TllEATIE~ OF THE WORLD [~4O1] (2) A certificate issued under this section to engage in foreign air transportation shall, insofar as the operation is to take place without the United States, designate the terminal and intermediate points only insofar as the Board shall deem practicable, and otherwise shall desig- nate only the general route or routes to be followed. Any air carrier holding a certificate for foreign air transportation shall be authorized to handle and transport mail of countries other than the United States. (3) A certificate issued under this section to engage in supple- mental air transportation shall designate the terminal and intermedi- ate points only insofar as the Board shall deem practicable and other- wise shall designate only the geographical area or areas within or between which service may be rendered. (4) No term, condition, or limitation of a certificate shall restrict the right of an air carrier to add to or change schedules, equipment, accommodations, and facilities for performing the authorized trans- portation and service as the development of the business and the de- mands of the public shall require; except that the Board may impose such terms, conditions, or limitations in a certificate for supplemental air transportation when required by subsection (d) (3) of this section. (5) No air carrier shall he deemed to have violated any term, con- dition, or limitation of its certificate by landing or taking off during an emergency at a point not named in its certificate or by operating in an emergency. under regulations which may be prescribed by the Board, between terminal and intermediate points other than those specified in its certificate. (6) Any air carrier, other than a supplemental air carrier, may perform charter trips or any other special service, without regard to the points named in its certificate, or the type of service provided therein, under regulations prescribed by the Board. Effective Date and Duration of Certificate (f) Each certificate shall be effective from the date specified therein, and shall continue in effect until suspended or revoked as hereinafter provided, or until the Board shall certify that operation thereunder has ceased, or. if issued for a limited period of time under subsection (d) (2) of this section, shall continue in effect until the expiration thereof, unless, prior to the date of expiration, such certifi- cate shall be suspende.d or revoked as provided herein, or the Boa.rd shall certify that operations thereunder have ceased: Provided, That if any service authorized by a certificate is not inaugurated within such period, not less than ninety days, after the date of the authoriza- tion as shall be fixed by the Board, or if, for a period of ninety days or such other period as may be designated by the Board any such service is not operated, the Board may by order, entered after notice and hearing, direct that such certificate shall thereupon cease to be effect ive to the extent of such service. Authority to Modify, Suspend, or Revoke (g) The Board upon petition or complaint or upon its own initia- tive, after notice and hearings, may alter, amend, modify, or suspend any such certificate, in whole orin part, if the public convenience and necessity so require, or may revoke any such certificate, in whole or in PAGENO="1513" AI1~ LA\V~ ANI) TU1.\1~I!~ ~l~T H1~ Wi)uLD 2913 [~ 40i] part., for intentional failure to comply with any provision of this title or any order, rule, or regulation issued hereunder or any term, condi- tion, or limitation of such certificate: Pro c~ded, That no such certifi- cate shall be revoked unless the. holder thereof fails to comply, within a reasonable time to be fixed by the Board, with an order of the Board commanding obedience to the provision, or to the order (other than an order issued in accordance with this proviso), rule, regulation, term, condition, or limitation found by the Board to have been violated. Any interested person may file with the Board a protest or memoran- dum in support of or in opposition to the alteration, amendment~ modification, suspension, or revocation of the certificate. Transfer of Certificate (h) No certificate may be transferred unless such transfer is ap- proved by the Board as being consistent with the public interest.. Certain Rights Not Conferred by Certificate (i) No certificate shall confer any propriet.ary, property, or ex- clusive right in the use. of any airspace, Federal airway, landing area, or air-navigation facility. Application for Abandonment (j) No air carrier shall abandon any route, or part thereof, for which a certificate has been issued by the Board, unless, upon the application of such air carrier, aft.er notice and hearing, the Board shall find such abandoiiinent to be in the public interest. Any inter- esteci person may file with the Board a 1)rotest or memorandum of opposition to or in support of any such abandonment. The Board may, by regulations or otherwise, authorize such temporary suspen- sion of service a.s may be in the public interest. Compliance With Labor Legislation (k) (1) Every air carrier shall maintain rates of compensation, maximum hours, and other working conditions and relations of all of its pilots and copilot.s who are engaged in interstate air transporta- tion within the continental United States (not including Alaska) so as to conform with decision numbered 83 made by the National Labor Board on May 10, 1934, notwithstanding any limitation therein as to the period of its effectiveness. (2) Every air carrier shall maintain rates of compensation foc all of its pilots and copilots who are engaged in overseas or foreign air transportation or air transportation wholly within a Territory or possession of the United States, the minimum of which shall be not less, upon an annual basis, than the comj)ensation required to be paid under said decision 83 for comparable service to pilots and copilots engaged in interstate air transportation within the continental United States (not, including Alaska). (3) Nothing herein contained shall be construed as restricting the right of any such pilot.sor copilots, or other efliI)lOYeeS, of any such air carrier t.o obtain by collective bargaining higher rates of compen. sation or more favorable working conditions or relations. PAGENO="1514" 2914 AIR LAWS AND TREATIES OF THE WORLD [~4O1] (4) It shall be a condition upon the holding of a certificate by any air carrier that such carrier shall comply with title II of the Railway Labor Act., as amended. (5) rrlle term "pilot" as used in this subsection shall mean an employee who is responsible for the manipulation of or who manipu- lates the flight controls of an aircraft while under way including take- off and landing of such aircraft, and the term "copilot" ~s used in this subsection shall mean an employee any part of whose duty is to assist or relieve the pilot in such manipulation, and who is properly quali- fied to serve as, and holds a currently effective airman certificate authorizing him to serve as, such pilot or copilot. Requirement as to Carriage of Mail (1) Whenever so authorized by its certificate, any air carrier shall provide necessary and adequate facilities and service for the trans- portation of mail, and shall transport mail whenever required by the Postmaster General. Such air carrier shall be entitled to receive rea- sonable compensation therefor as hereinafter provided. Application for New Mail Service (m) Whenever, from time to time., the Postmaster General shall find that the needs of the Postal Service require the transportation of mail by aircraft between any points within the United Statesor between the United States and foreign countries, in addition to the transportation of mail authorized in certificates then currently effec- tive, the Postmaster General shall certify such finding to the Board and file therewith a. statement showing such additional service and the facilities necessary in connection therewith, and a copy of such certi- fication and statement shall he posted for at least twenty days in the office of the secretary of the Board. The Board shall, after notice and hearing, and if found by it to be required by the public convenience and necessity, make provision for such additional service, and the facilities necessary in connection therewith, by issuing a new certifi- cate or certificates or by amending an existing certificate or certifi- cates in accordance with the provisions of this section. Additional Powers and Duties of Board With Respect to Supplemental Air Carriers (n) (1) No certificate to engage in supplemental air transportation, and no special operating authorization described in section 417 of this title, shall be issued or remain in effect unless the applicant for such certificate or the supplemental air carrier, as the case may be, complies with regulations or orders issued by the Board governing the filing and approval of policies of insurance, in the amount prescribed by the Board, conditioned to pay, within the amount of such insurance, amounts for which such applicant or such supplemental air carrier may become liable for bodily injuries to or the death of any person, or for loss of or damage to property of others, resulting from the negligent operation or maintenance of aircraft under such certificate or such special operating authorization. (~) In order to protect travelers and shippers by aircraft operated by supplemental air carriers, the Board may require any supplemental PAGENO="1515" AIR L\\V~ TRt; \TIFS OF THe ORLD 2915 [~JO2) air carrier to file a performance bond or equivalent, security arrange- ment, in such amount and upon such terms as the Boerd shall iire- scribe, to be conditioned upon such supplemental air carrier's making appropriate compensation to such travelers and shippers, as p~'escr~bed by the Board, for failure on the part of such earlier 1 u perform a~r transportation services in accordance with agreements therefor. (3) II any service authorized by a certificate to engage in supple- mental air transportation is not performed to the minimum extent prescribed by the Board, it may by order, entered after notice and hearing, direct that such certificate shall the:eupon cease tc~ be effc~- tive to the extent of such service. (4) The requirement that each applicant for a certificate. .o engage in supplemental air transportation must ue found to be fit, willing, and able properly to perform the transportation covered by his applica- tion and to conform to the provisions of this Act arid the rules, regu- lations, and requirements of the Board under this Act, shall be a continuing requirement applicable to each supplemental air carrier with respect to the transportation authori 7ed by, and currently fur- nished or proposed to be furnished under, such carrier's certificate. The Board shall by order, entered after notice and hearing, modify, suspend, or revoke such certificate, in witoile or in part., for failure of such carrier (A) to comply with the continuing requiremert that. such carrie.r be so fit, willing, and able, or (B) to file such reports as the Bused ma~c deem necessary to determine nhether such cHrier is so fit. .`. illing, and able. ~`~P In any case in which the Board deLermn~cs that the failure. of a F... plemental air carrier to comply with the provisions of paragraph (1 .3), or (4) of this subsection, or regulations or orders of the hereunder, requires, in the interest of the rights, welfare, or .fe'~ of the public. m~mediate FiiS~CflSIOfl of such carrier's certificate, ~a Bsard shall suspend such certiIicate~ in whole or in part, without not~ c or hearing, br not more than thirty days. The Board shall nimediateiy enter upon a hearing to determine whether such certificate should be modified-, suspended, or revoked and, pending the completion of such hearing, the Board may further suspend such certificate for additional periods aggregating not more than sixty days. If the Board determines that a carrier whose certificate is suspended under this paragra,ph comes into compliance with the provisions of para- graphs (1), ~3), and (4) of this subsection, and regulations and orders of tiiC Board thereunder, the Board may immediately terminate the suspeni~ion of such certificate and any pending proceeding commenced under this paragraph, but nothing in this sentence shall preclude the Board froni imposing on such carrier a civil penalty for any violation of such pro~isioiis. regulations, or orders. (~i The Board shall prescribe such regulations end issue such ord ~rs as may be necessary to (airy out tIle I)~0V s~ons of this su bsec.tion. PERMITS TO FOREIGN AIR CARRIERS Permit Required SEc. 402. [7~ Stat. 757, 49 U.S.C. 137.~] (a) No foreign air carrier shall engage in foreign air transportation unless there is in fnrce a permit. issue(t by the Board authoicziitg such carrier ~o to eiig~gP. PAGENO="1516" 2916 AlP LAWS AND TPEATIE~ OF THE WORLD [~ 403] Issuance of Permit b) The Board is empowered to issue such a permit if it finds that such carrier is fit, willing, and able properly to perform such air r~ nsportation and to conform to the provisions of this Act and the ~ regulations, and requirements of the Board hereunder, and that ~:h transportation will be in the public interest. Application for Permit (c) Application for a permit shall be made in writing to the Board, shall be so verified, shall be in such form and contain such information, and shall be accompanied by such proof of service upon such inter- est.ed persons, as the Board shall by regulation require. Notice of Application (d) Upon the filing of an application for a permit the Board shall give due notice thereof to the public by posting a notice of such appli- cation in the office of the secretary of the Board and to such other persons as the Board may by regulation determine. Any interested person may file with the Board a protest or memorandum of opposi- tion to or in support of the issuance of a permit. Such application shall be set for public heaiing and the Board shall dispose of such application as speedily as possible. Terms and Conditions of Permit (e) The Board may prescribe the duration of any permit and may attach to such permit such reasonable terms, conditions, or limitations as, in its judgment, the public interest may require. Authority to Modify, Suspend, or Revoke (f) Any permit issued under the provisions of this section may, after notice and hearing, be altered, modified, amended, suspended, canceled, or revoked by the Board whenever it finds such action to be in the public interest. Any interested person may file with the Board a protest or memorandum in support of or in opposition to the altera- tion, modification, amendment, suspension, cancellation, or revocation of a permit. Transfer of Permit (g) No permit may be transferred unless such transfer is approved by the Board as being in the public interest. TARIFFS OF AIR CARRIERS Filing of Tariffs Required SEC. 403. [72 stat. 758, as arn.er,ded bg 74 Stat. 445, .49 U.S.C. .7373] (a) Every air carrier and every foreign air carrier shall file with the Board, and print, and keep open to public inspection, tariffs showing all rates, fares, and charges for air transportation between points served by it, and between points served by it and points served by any other air carrier or foreign air carrier when through service and PAGENO="1517" \IR LA\V~ ANI) TI~EAT[E~ OF THE WORLD 2917 [~ 403] through rates shall have been established, and showing to the extent required by regulations of the Board, all classifications, rules, regula- tions, practices, and services in connection with such air transporta- tion. Tariffs shall be filed, posted, and published in such form and manner, and slial~ contain such information, as the Board shall by regulation prescribe; and the Board is empowered to reject any tarifi so filed which is not consistent with this section and such regulations. Any tariff so rejected shall be void. The rates, fares, and charges shown in any tariff shall be stated in terms of lawful money of the United States, but such tariffs may also state rates, fares, and charges in terms of currencies other than lawful money of the United State~, and may, in the case of foreign air transportation, contain such in- formation as may be required under the laws of any country in or to which an air carrier or foreign air carrier is authorized to operate. Observance of Tariffs; Rebating Prohibited (b) No air carrier or foreign air carrier shall charge or demand or collect or receive a greater or less or different compensation for air transportation, or for any service in connection therewith, than the rates, fares, and charges specified in its currently effective tariffs; and no air carrier or foreign air carrier sh~dl, in any manner or by any device, directly or indirectly, or through any agent or broker, or other- wise, refund or remit any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Board to be specified in such tariffs, except those specified therein. Nothing in this Act shall prohibit such air carriers or foreign air carriers, under such terms and conditions as the Board may prescribe, from issuing or interchanging tickets o:~ passes for free or reduced-rate transportation to their directors, offi- cers, and employees (including retired directors, officers, and em- ployees who a.re receiving retirement benefits from any air carrier or foreign air carrier), the parents and immediate families of such offi- cers and employees, and the immediate families of such directors; widows, widowers, and minor children of employees n-ho have died as a direct result of personal injury sustained while in the performance of duty in the service of such air carrier or foreign air carrier; wit- nesses and attorneys attending any legal investigation in which any such air carrier is interested; persons injured in aircraft accidents and physicians and nurses attending such persons; immediate families, including parents, of persons injured or killed in aircraft accidents where the object is to transport such persons in connection with such accident; and any person or property with the object of providing relief in cases of general epidemic, pestilence. or other calamitous visitation; and, in the case of overseas or foreign air transportation, to such other persons and under such other circumstances as t.he Board may by regulations prescribe. Any air carrier or foreign air car- rier, under such terms and conditions as the Board may prescribc, may grant reduced-rate transportation to ministers of religion on a space-available basis. Notice of Tariff Change (c) No change shall be made in any rate, fare, or charge, or any classification. rule. regulation, or practice affecting such rate. ~re, or PAGENO="1518" 2~iiS ~i1~ L~W~ A~D T1~E\TTF1~ OF THE WORLD ~ ~O4-4O5] ci~rge, or the value of the service thereunder, specified in any effec- tive tariff of any air carrier or foreign air carrier, except after thirty days' notice of the proposed change filed, posted, and published in accordance with subsection (a) of this section. Such notice shall plainly state the change proposed to be made and the time such change will take effect. The Board may in the public interest, by regulation or otherwise, allow such change upon notice less than that herein spec- ified, or modify the requirements of this section with respect to filing and posting of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. Filing of Divisions of Rates and Charges Required (d) Every air carrier or foreign air carrier shall keep currently on file with the Board, if the Board so requires, the established divisions of all joint rates, fares, and charges for air transportation in which such air carrier or foreign air carrier participates. RATES FOR CARRIAGE OF PERSONS AND PROPERTY Carrier's Duty to Provide Service, Rates, and Divisions SEC. 404. [72 Stat. 760, 49 U.S.C. 1374] (a) It shall be the duty of every air carrier to provide and furnish interstate and overseas air transportation, as authorized by its certificate, upon reasonable re- quest therefor and to provide reasonable through service in such air transportation in connection with other air carriers; to provide safe and adequate service, equipment, and facilities in connection with such transportation; to establish, observe, and enforce just and rea- sonable individual and joint rates, fares, and charges, and just and reasonable classifications, rules, regulations, and practices relating to such air transportation; and, in case of such joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between air carriers participating therein which shall not unduly prefer or prejudice any of such participating air carriers. Discrimination (b) No air carrier or foreign air carrier shall make, give, or cause any undue or unreasonable preference or advantage to any particular person, port. locality, or description of traffic in air transportation in any respect whatsoever or subject~ any particular person, port, lo- cality, or description of traffic in air transportation to any unjust discrimination or any undue or unreasonable prejudice or disadvan- tage in any respect whatsoever. TRANSPORTATION OF MAIL Postal Rules and Regulations SEC. 405. [72 Stat. 760, 49 U.S.C. 1375] (a) The Postmaster Gen- eral is authorized to make such rules and regulations, not inconsistent with the provisions of this Act, or any order, rule, or regulation made by the Board thereunder, as may be necessary for the safe and expedi- t.ious carriage of mail by aircraft. PAGENO="1519" .\1 1~ LAW~ \NT) T1~ E.\1' I I'~ (ft Till; Wt)i~LI) 2919 [~4O5J Mail Schedules (b) Each air carrier shall, from time to time, file with the Board and the Postmaster General ~ statement showmg the points between which such air carrier is authorized to engage in air transportation, and all schedules, and all changes therein, of aircraft regularly oper- ated by the carrier between such points, setting forth in respect of each such schedule the points served thereby and the time of arrival and departure at each such point. The Postmaster General may des- ignate any such schedule for the transportation of mail between the points between which the air carrier is authorized by its certificate to transport mail, and may, by order, require the air carrier to estab- lish additional schedules br the transportation of mail between such points. No change shall be made in any schedules designated or ordered to be established by the Postmaster General except upon ten days' notice thereof ified as herein provided. The Postmaster General may by order disapprove any such change or alter, amend, or modify any such schedule or change. No order of the Postmaster General under this subsection shall become effective until ten days after its issuance. Any person who would be aggrieved by any such order of the Postmaster General under this subsection may, before the expira- tion of such ten-day period, apply to the Board, under such regula- tions as it may prescribe, for a review of such order. The Board may review, and, if the public convenience and necessity so require, amend, revise, suspend2 or cancel such order; and, pending such review and the determination thereof, may postpone the effective date of such order. The Board shall give preference to proceedings under this subsection over all proceedings pending before it. No air carrier shall transport mail in accordance with any schedule other than a schedule designated or ordered to be established under this subsection for the transportation of mail. Maximum Mail Load (c) The Board may fix the maximum mail load for any schedule or for any aircraft or any type of aircraft; but, in the event that mail in excess of the maximum load is tendered by the Postmaster General for transportation by any air carrier in accordance with any schedule designated or ordered to be established by the Postmaster General under subsection (b) of this section for the transportation of mail, such air carrier shall, to t.he extent such air carrier is reasonably able as determined by the Board, furnish f'~ci1it.ies sufficient t.o transport., and shall transport., such mail as ne~riy in accordance with such sched- ule as the Board shall determine to he. possible. Tender of Mail (d) From and after the issuance of any certificate authorizing the transportation of mail by aircraft, the Postmaster General shall ten- der mail to the holder thereof~ to the extent required by the Postal Service, for transportation between the points named in such certifi- cate for the transportation of mail, and such mail shall be transported by the air carrier holding such certificate in accordance with such PAGENO="1520" 29f~O ATE L\W .\\I~ TEI..\TIES OF THE WOELD [~4o5] ruics, regulations, and requirements as may be promu1gat~I by the ?~.st.master General under this section. Foreign Postal Arrangement (e) (1) Nothing in this Act shall be deemed to abrogate or affect ar~- arrangement made by the United States with the postal admims- tration of any foreign country with respect to transportation of mail by aircraft, or to impair the authority of the Postmaster General to em~ter into any such arrangement with the postal administration of any fc:'±ign country. (2) The Postmaster Gene.ral may, in a.ny case where service may be necessary by a person not a citizen of the United States who may not be obligated to transport the mail for a foreign country, make arcangements, without advertising, with such person for transport- ing mail by aircraft, to or within any foreign country. Transportation of Foreign Mail (f) (1) Any air carrier holding a certificate to engage in foreign air transportation and transporting mails of foreign countries shall transport such mails subject to control and regulation by the United States. The Postmaster General shall from time to time fix the rates of compensation that shall be charged the respective foreign countries for the transportation of their mails by suc.h air carriers, and such rates shall be put into effect by the Postmaster General in accordance with the provisions of the postal convention regulating the postal relations between the United States and the respective foreign countries, or as provided hereinafter in this subsection. In any case where the Postmaster General deems such action to be in the public. interest, he may approve rates provided in arrangements between any such air carrier and any foreign country covering the transportation of mails of such country, under which mails of such country have been carried on scheduled operations prior to January 1, 193S, or in extensions or modifications of such arrangements, and may permit any such air carrier to enter into arrangements with any foreign country for the transportation of its mails at rates fixed. ~y the Postmaster Genera.l in advance of the making of any such arrangement. The Postmaster General may authorize any such air carrier, under such limitations as the Postmaster General may pre- scribe, to change the rates to be charged any foreign country for ~he transportation of its mails by such air carrier within that country or between that country and another foreign country. (~) In any case where such air carrier has an arrangement with a~:v foreign country for transporting its mails, made or approved in Tv~crclance with time provisions of paragraph (1) of this subsection, - ball collect. its compensation from the foreign country under its a `angement. and in case of the absence of any arrangement between tba air carrier and the foreign country consistent with this subsec- tion, the collections made from the foreign country by the United States shall be for the account of such air carrier: Provided, That no such air carrier shall be entitled to receive compensation both from such foreign country and from the United States in respect of the t-ansportation of the same mail or the same mails of foreign countries. PAGENO="1521" \1I~ L \\V~ \\I~ \I!lH 01 iTIF \V0I~11) 2921 [~4O6] Evidence of Performance of Mail Service (g) Air carriers transporting or haiid]ino United States mail shall submit, unde.r signature of a duly authorizeTofflcial, when and in such form as may be required by the Postmaster General, evidence of the performance of mail service; and air carriers transporting or handling mails of foreign countries shall subniit, under signature of a duly authorized official, when and iii such form as may be required by the Postmaster GeneraL evidence of the amount of such mails transported or handled, and the compensation payable and received therefor. Emergency Mail Service (h) In the event of emergency caused by flood, lire, or other calami- tous visitation, the Postmaster General is authorized to contract, without advertising, for the transportation by aircraft of any or all classes of mail to or from localities affected by such calamity, where available facilities of persons authorized to transport mail to or from such localities are inadequate to meet the requirements of the Postal Service during such emergency. Such contracts may be only for such periods as may be necessitated, for the maintenance of mail service, by the inadequacy of such other facilities. No operation pursuant to any such contract, for such periodS shall be air transportation within the purview of this Act. Payment of compensation for service per- formed under such contracts shall be made, at rates provided in such contracts, from appropriations for the traflSportatio1l of mail by the means normally used for transporting the mail transported under such contracts. Experimental Airmail Service (i) Nothing contained in this Act shall l)e construed to repeal in whole or in ~part the provisions of section 6 of the Act entitled "An Act to provide for experimental airlnail service, to further develop safety, efficiency, economy, and for other purposes", approved April 15, 1938, as amended. The traflSl)OrtatiOfl of mail under contracts en- tered into under such section shall not, except for sections 401 (k) and 416(b), be deemed to be "air transportation" as used in this Act, and the rates of compensation for such transportation of mail shall not be fixed under this Act. Free `Fravel for Postal Employees (j) Every air carrier carrying the mails shall carry on any plane that it operates and without charge therefor, the persons in charge of the mails when on duty, and such duly accredited agents mind oflicers of the Post Office Department, and post. office insI)ectors, while travel- ing on official business relating to time transportation of mail by air- craft, as the Board may by regulation prescribe, upon time exhibition of their credentials. PATES FOR TRANSPORTATION OF MAlI. Authority to Fix Eates Szc. 406. [72 Stat. 763, ac ameiol'd bt, 76 ~t(1t. 1~, 4!) U.S~.C. 1376] (a) The Board is empowered and directed, upon its own initiative or 39-737 O-GiS---voi. II-----9G PAGENO="1522" 2922 J~\V~ \\ 1) TUEATIE~ OF THE WORLD [~4O6] upon petition of the Postmaster General or an air carrier, (1) to fix and determine from time to time, after notice and hearing, the fair and reasonable rates of compensation for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith (including the transportation of mail by an air carrier by other means t.han aircraft whenever such transportation is incidental to the transportation of mail by aircraft or is made neces- sary by conditions of emergency arising from aircraft operation), by each holder of a certificate authorizing the transportation of mail by aircraft, and to make such rates effective from such date as it shall determine to be proper; (2) to prescribe the method or methods, by aircraft-mile, pound-mile, weight, space, or any combination thereof, or otherwise, for ascertaining such rates of compensation for each air carrier or class of air carriers; and (3) to publish the same. Rate Making Elemeiits (b) In fixing and determining fair and reasonable rates of com- pensation under this section, the Board, considering the conditions peculiar to transportation by aircraft and to the particular air carrier or class of air carriers, may fix different rates for different air car- riers or classes of air carriers, and different classes of service. In determining the rate in each case, the Board shall take into considera- tion, among other factors, (1) the condition that such air carriers may hold and operate under certificates authorizing the carriage of mail only by providing necessary and adequate facilities and service for the transportation of mail; (2) such standards respecting the character arid quality of service t.o be rendered by air carriers as ma be prescribed by or pursuant to law; and (3) the need of each sue air carrier (other than a supplemental air carrier) for compensation for the transportation of mail sufficient to insure the performance of such service, and, together with all other revenue of the air carrier, to enable such air carrier under honest, economical, and efficient man. agement, to maintain and continue the development of air transporta- tion to the extent and of the character and quality required for the commerce of the United States, the Postal Service, and the national defense. Payment (c) The Postmaster General shall make payments out of appropri- ations for the transportation of mail by aircraft of so much of the total compensation as is fixed and determined by the Board under this section without regard to clause (3) of subsection (b) of this section. The Board shall make payments of the remainder of the total compensation payable under this section out of appropriations made to the Board for that purpose. Treatment of Proceeds of Disposition of Certain Property (ci) In determining the need of an air carrier for compensation for the transportation of mail, and such carrier's "other revenue" for the purpose of this section, the Board shall not take into account- (1) gains derived from the sale or other disposition of flight equipment if (A) the carrier notifies the Board in writing that it has invested or intends to reinvest the gains (less applicable PAGENO="1523" .\I1~ L.\\V~ \N1) Tfll:..\T ~[Tlt[ \V~O~i.i) 2923 [~4O6l expenses and taxes) derived from such sale or other disposition in flight equipment, and (B) submits evidence in the nianner pre- scribed by the Board that an amount equal o such gains ( less applicable expenses and taxes) has been ex1en.ied for puic11~ise of flight equipment or has been deposited in a special reequip- ment fund, or (2) losses sustained from the sale or other disposition of flight equipment. Any amounts so deposited in a reequiprnent fund as above provided shall be used solely for investment in flight equipment either through payments on account of the purchase price or construction of flight equipment or in retirement of debt contracted for the purchase or construction of flight equipment, and unless so reinvested within such reasonable time as the Board may prescribe, the earlier ~liall not have the benefit of this paragraph. Amounts so deposited in the reequip- ment fund shall not be included as l)art of the carrier's used and use- ful investment for purposes of section 406 until expended as provided above: Provided, That. the flight equipment in which said gains may be invested shall not include equipment delivered to the earlier prior to April 6, 1956: Provided further, That the provisions of this sub- section shall be effective as to all capital gains or losses realized on and after April 6, 1956, with respect to the sale or other disposition of flight equipment whether or not the Board shall have entered a final order taking account thereof in determining all other revenue of the air carrier. Statement of Postmaster General and Carrier (e) Any petition for the fixing of fair and reasonable rates of com- pensation under this section shall include a statement of the rate the petitioner believes to be fair and reasonable. The Postmaster Gen- eral shall introduce as part of the record in all proceedings under this section a comprehensive statement of all service to be required of the air carrier and such other information in his possession as may be deemed by the Board to be material to the inquiry. Weighing of Mail (f) The Postmaster General may weigh the mail transported by aircraft arid make such computations for statistical and administra- tive purposes as may be required in the interest, of the mail service. The Postmaster General is authorized to employ such clerical and other assistance a.s may be required in connection with proceedings under this Act. If the Board shall determine that it. is necessary or advisable, in order to carry out the provisions of this Act, to have additional and more frequent weighing of the mails, the Postmaster General, upon request of the Board shall provide therefor in like manner, but such weighing need not be. for continuous periods of more than t.hirty days. Availability of Appropriations (g) Except as otherwise provided iii section 405 (Ii), the unex- pended balances of all appropriations for the transportation of mail by aircraft pursuant to contracts entered into under the Air Mail Act PAGENO="1524" 2924 \\\~ \~ F) ic I\TII~5 OF THE WORLD {~4o7i of 1934, as amended, and the unexpended balances of all appropria- tions available for the transportation of mail by aircraft in Alaska, shall be available, in addition to the purposes stated in such appropri- ations, for the payment of coui1~nsation by the Postmaster General, as provided in this Act, for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected there- with, between points in the continental United States or between points in Hawaii or in Alaska or between points in the continental United States and points in Canada within one hundred and fifty miles of the international boundary line. Except as otherwise provided in section 405 (h), the unexpended balances of all appropriations for the transportation of mail by aircraft pursuant to contracts entered into under the Act of March 8, 1928, as amended, shall be available, in ad- dition to the purposes stated in such appropriations, for payment to be made by the Postmaster General, as provided by this Act, in respect of the transportation of mail by aircraft, the facilities used and useful therefor, and the ~ervices connected therewith, between points in the United States and points outside thereof, or between points in the continental United States and Territories or possessions of the United States, or between Territories or possessions of the United States. Payments to Foreign Air Carriers (h) In any case where air transportation is performed between the United States and any foreign country, both by aircraft owned or operated by one or more air carriers holding a certificate under this title and by aircraft owned or operated by one or more foreign air carriers, the Postmaster General shall not pay to or for the account of any such foreign air carrier a rate of compensation for transporting mail by aircraft between the United States and such foreign country, which, in his opnion. will result (over such reasonable period as the Postmaster General may determine, taking account of exchange fluctuations and other factors) in such foreign air carrier receiving a higher rate of compensation for transporting such mail than such foreign country pays to air carriers for transporting its mail by air- craft between such foreign country and the United States, or receiv- ing a higher rate of compensation for transporting such mail than a rate determined by the Postmaster General to be comparable to the rate such foreign country pays to air carriers for transporting its mail by aircraft between such foreign country and intermediat.e country on the route of such air carrier between such foreign country and the United States. ACCOUNTS, RECORDS, AND REPORTS Filing of Reports SEC. 407. [72 S~if. 766. 49 U.~SG. 1377] (a) The Board is em- powered to require annual, monthly, periodical, and special reports from any air carrier; to prescribe the manner and form in which such reports shall be made and to require from any air carrier specific an- swers to all questions upon which the Board may deem information to be necessary. Such reports shall be under oath whenever the Board so PAGENO="1525" \1~ 1~\W~-~ \~1) II 1\TI1~ F Tin; ~VURi.!) 2925 [~4Ofl requires. The Board may also require any all' carrier to file with it a true copy of each or any contract, agreement, understanding, or ar- rangement, between such air carrier and any other carrier or person, in relation to any traffic affected by the provisions of this Act. Disclosure of Stock Ownership (b) Each air carrier shall submit annually, and at such other times as the Board shall require, a list showing the names of each of its stockholders or members holding more than 5 per centum of the entiie capital stock or capital, as the case may be, of such air carrier, together with the name of any person for whose account, if other than the holder, such stock is held: and a report setting forth a description of the shares of stock, or other interest, held by such air carrier, or for its account, in persons other than itself. Disclosure of Stock Ownership by Officer or Director (c) Each officer and director of an air carrier shaH annually and at such other times as the Board shall require transmit to the Board a report describing the shares of stock or other interests held by him in any air carrier, any person engaged in any phase of aeronautics, or any common carrier, and in any person whose principal business, in pur- pose or in fact, is the holding of stock in, or control of, air carriers, other persons engaged in any phase of aeronautics, or common carriers. Form of Accounts (d) The Board shall prescribe the forms of any and all accounts, records, and rnemormi~ to be kept by air carriers, including the ac- counts, records, and ]i~ia ninda of the movement of traffic, as well as of the receipts and expenditures of money, and the lenadi of time such accounts, records, and memoranda shall be preserved; arid it shall be unlawful for air carriers to keep any accounts, records, or inemoraiala other than those prescribed or approved by the Board: Pro?,ided, That. any air carrier may keep additional accounts, records, or memnora~ida if they do not impair the integrity of the accounts, records, or memo- randa prescribed or approved by the Board and do not. constitute an undue financial burden on such air carrier. Inspection of Accounts and Property (e) The Board shall at all times have access to all lands, buildings, and equipment of any carrier and to all accounts, records, and menio- randa, including all documents, papers, and correspondence, now or hereafter existing, and kept or required to be kept by air carriers: and it may employ special agents or auditors, who shall have authority under the Ci drrs of the Board to inspect and eXami} e any and all such lands, hul dings, equipment. accounts, reco ~ds, a~ ci niemerancla. The provisions ef this section shall apply~ to tie extent found by the Board to be reasatiaLly necessar far the maim ist ~st Lc~ of tl1i~ ~\ ~ to per- sons having control over any air anaF, or affiliated with any air car- PAGENO="1526" 2926 ~1E L\\V~ \\I) TEFATIES OF THE WOELD [~4O8] rier within the meaning of section 5(8) of the Interstate Commerce Act, as amended.3 CONSOLIDATION, MERGER, AND ACQUISITION OF CONTROL Acts Prohibited SEC. 408. [72 Stat. 767, as amended by 74 Stat. 901, 49 U.S.C. 1378] (a) it shall be unlawful unless approved by order of the Board as provided in this section- (1) For two or more air carriers, or for any air carrier and any other common carrier or any person engaged in any other phase of aeronautics, to consolidate or merge their properties, or any part thereof, into one person for the ownership, management, or opera- tion of the properties theretofore in separate ownerships; y2) For any air carrier, any person controlling an air carrier, any other common carrier, or any person engaged in any other phase of aeronautics, to purchase, lease, or contract to operate the properties, or any substantial part thereof, of any air carrier; (3) For any air carrier or person controlling an air carrier to purchase, lease, or contract to operate the properties, or any sub- stantial part thereof, of any person engaged in any phase of aero- it:iutics otherwise than as an air carrier; 4) For any foreign air carrier or person controlling a foreign air carrier to acquire contro), in any manner whatsoever, of any C1tIZi~i of the IThited Stares engaged in any phase of aeronautics; Urj~ any air carrier or peI'~on controlling an air carrier, any it i,eI' c ~mon ranier, or any person engaged in any other phase of aeloirir ~cs. to r~uire control of any air carrier in any manner witsoever; 6) F'~r an~ n~r carrier or person controlling an air carrier to acquire control. m any manlIer whatsoever, of any person engaged ~n an~ p~trse of aeronautics otherwise than as an air carrier; or For any person to continue to maintain any relationship estabUslie~l in violation of any of the foregoing subdivisions of tli~ suhsection. Power of Board (b) Any person seeking approval of a consolidation, merger, pur- eha~e, lease, operating contract, or acquisition of control, specified in * [4t~ U.S.C. 5J Section 5(8) of the Interstate Commerce Act, as amended, relates to the jurledIctInn of the district courts of the United States. Section 5(0) of the Inter- stat' Commerce' Act, as amended, is in substance the same as sec. 5(8) of the Interstate I'omlnerce Act before It was restated by the Transportation Act of 1940, 54 Stat. 905, approved September 18, 1940, and Is presumably the section to which reference was Intended to be made. Section 5(6) provides: "For the purposes of this section a person shall be bela to be affiliated with a carrier if, by reason of the relationship of such person to such carrier (whether by reason of the method of, or circumstances surrounding organization or operation, or whether established through common directors, officers, or stockholders, a votIng trust or trusts. a holding or investment company or companies, or any other dire t or IndIrect means), It is reasonable to believe that the affairs of any carrier of which control may be acquired by such person will be managed in the interest of such other carrier." Section 1(3 (h) provides: "For the purposes of section(s) 5 where reference Is made to control (in referring to a relationship between any person or persons and another pereon or persons), such reference shall he construed to Include actual as we'li as legal control, whether maintained or exercised through or by reason of the method of `~r circumstances surrounding organization or operation, through or by common directors, offlcere,o r stocknoldors, a voting trust or trusts, a holding or investment company or com- pani~, or through or by any other direct or indirect means; and to Include the power to exercise controL" PAGENO="1527" .\1F~ l.\\V5 \\I) T1~l1A~11I5 OST ii \v)uI.i) 2927 [~4O8J subsection (a) of this section, shall present au application to the Board, and thereupon the Board shall notify the persons involved in the consolidation, merger, purchase, lease, operating contract, or ac- quisition of control, and other persons known to have a substantial interest in the proceeding, of the time and place of a public hearing. Unless, after such hearing, the Board finds that the consolidation, merger, purchase, lease, operating contract, or acquisition of control will not be consistent with the public interest or that the conditions of this section will not be fulfilled, it shall by order approve such con- solidation, merger, purchase, lease, operating contract, or acquisition of control, upon such terms and conditions as it shall find to be just and reasonable and with such modifications as it may prescribe: Pro- vided, That the Board shall not approve any consolidation, merger, purchase. lease, operating contract. or acquisition of control which would result~ in creating a monopoly or monopolies and thereby re- strain competition or jeopardize another air carrier not a party to the consojidation, merger, purchase, lease, operating contract, or acquisi- tion of control: Provided furt/iei', That if the applicant is a carrier other than an air carrier, or a person controlled by a carrier other than an air carrier or affiliated therewith within the meaning of sec- tion 5(8) of the Interstate Commerce Act, as amended,4 such appli- cant shall for the purposes of this section be considered an air carrier a.nd the Board shall not enter such an order of approval unless it finds that the transaction proposed will promote the public interest by enabling such carrier other than an air carrier to use aircraft to public advantage in its operation and will not restrain competition: Provided further, That., in any case in which the Board determines that the transaction which is the subject~ of the application does not affect the control of an air carrier directly engaged in the operation of aircraft in air transportation, does not result in creating a monopoly, and does not tend to restrain competition, and determines that no per- son disclosing a substantial interest then currently is requesting a hearing, the Board, after publication in the Federal Register of notice of the Board's intention to dispose of such application without a hear- ing (a copy of which notice shall be furnished by the Board to the Attorney General not later than the day following the date of such publication), may determine that the public interest does not require a hearing and by order approve or disapprove such transaction.5 Interests in Ground Facilities - (c) The provisions of this section and section 4fl~) shall not apply with respect to the acquisition or holding by any air carrier, or any officer or director thereof, of (1) any interest in an ticket office, land- ing area, hangar, or other ground facility reasonably incidental to the performance by such air carrier of any of its services, or (2) any stock or other interest or any office or directorship in any pson whose principal business is the maintenance or operation of any such ticket office, landing area, hangar, or other ground facility. `See footnote 3, ante. `The Act of September 13, 19~0, 74 Btat. 901. which adds this provision provides that It shall apply only with respect to applications submitted to the Civil Aeronautics Board on or after September 13, 1960. PAGENO="1528" 2928 .\1I~ L\\V~ :\N1) ~r1~1~:~TIEs 01 THE WORLD [~4o9] Jurisdiction of Accounts of Noncarriers (d) Whenever, after the effective date of this section, a person, not an air carrier, is authorized, pursuant to this section, to acquire con- trol of an air carrier, such person thereafter shall, to the extent found by the Board to be reasonably necessary for the administration of this Act, be subject. in the same manner as if such person were an air car- rier, to the provisions of this Act relating to accounts, re.cords, and reports, and the inspection of facilities and records, including the penalties applicable in the case of violations thereof. Investigation of Violations (e) The Board is empowered, upon complaint or upon its own ini- tiative, to investigate and, after notice and hearing, to determine whether any person is violating any provision of subsection (a.) of this section. If the Board finds after such hearing that such person is violating any provision of such subsection, it shall by order require such perso1~ to take such action, consistent with the provisions of this Act, as may be necessary. in the opinion of the Board, to prevent further violation of such provision. PROhIBITED INTERESTS Interlocking Relationships SEC. 409. [72 Stat. 768, 4.9 U.S.C. 1379] (a) It shall be unlawful, unless such relationship shall have been approved by order of the Board upon due. showing. in the form and manner prescribed by the Board, that the public interest will not. be adversely affected thereby- (1) For any air carrier to hava and retain an officer or director who is an officer, director, or member, or who as a stockholder holds a controlling interest, in any other person who is a common carrier or is engaged in any phase. of aeronautics. (2) For any air carrier, knowingly and willfully, to have and retain an offi~er or director who has a representative or nominee who represents such officer or director as an officer, director, or member, or as a stockholder holding a controlling interest, in any other person who is a common carrier or is engaged in any phase of aeronautics. (3) For any person who is an officer or director of an air carrier to hold the position of officer, director, or member, or to be a stockholder holding a controlling interest, or to have a repre- sentative or nominee who represents such person as an officer, director, or member, or as a stockholder holding a controlling interest, in any other person who is a common carrier or is en- gaged in any phase of aeronautics. (4) For any air carrier to have and retain an officer or director who is an officer, director, or member, or who as a stockholder holds a controlling interest, in any person whose principal busi- ness, in purpose or in fact. is the holding of stock in, or control of, any other l~1'son engaged in any phase of aeronautics. PAGENO="1529" ATE LAWS AND TEE.\Ti Ils OF THE \VOELD 2929 [~ 410-411] (5) For any air carrier, knowingly and willfully, to have and retain an officer or director who has a representative or nominee who represents such officer or director as an officer, director, or member, or as a stockholder holding a controlling interest, in any person whose principal business, in purpose or in fact, is the holding of stock in, or control of, any other person engaged in any phase of aeronautics. (6) For any person who is an officer or director of an air carrier to hold the position of officer, director, or member, or to be a stock- holder holding a controlling interest, or to have a representative or nominee who represents such person as an officer, director, or member, or as a stockholder holding a controlling interest, in any person whose principal business, in purpose or in fact, is the hold- ing of stock in, or control of, any other person engaged in any phase of aeronautics. Profit From Transfer of Securities (b) It shall be unlawful for any officer or director of any air carrier to receive for his own benefit, directly or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof. LOANS AND FINANCIAL AID SEC. 410. [72 Stat. 769, a.s amended by 76 Stat. 936, 49 U.S.C. 1380] The Board is empowered to approve or disapprove, in whole or in part, any and all applications made after the effective da.te of this section for or in connection with any loan or other financial aid from the United States or any agency thereof to, or for the benefit of, any air carrier. No such loan or financial aid shall be made or given without such ap- proval, and the terms and conditions upon which such loan or finan- cial aid is provided shall be prescribed by the Board. The provisions of this section shall not be applicable to the guaranty of loans by the Secretary of Commerce. under the provisions of such Act of Septem- ber 7, 1957, as amended, but the Secretary of Commerce shall consult with and consider the views and recommendations of the Board in making such guaranties. METHODS OF COMPETITION SEC. 411. [72 Stat. 769, 49 U.S.C. 1381] The Board may, upon its own initiative or upon complaint by any air carrier, foreign air carrier, or ticket agent, if it considers that such action by it would be in the interest of the public, investigate and determine whether any air car- rier, foreign air carrier, or ticket agent has been or is engaged in unfair or deceptive practices or unfair methods of competition in air trans- portation or the sale thereof. If the Board shall find, after notice and hearing, that. such air carrier, foreign air carrier, or ticket agent is engaged in such unfair or deceptive practices or unfair methods of competition, it shall order such air carrier, foreign air carrier, or ticket agent to cease and desist from such practices or methods of competition. PAGENO="1530" 2930 AIR LAW-S AND TREATIF:s OF THE WORLD [~ 412-415] POOLING AND OTHER AGREEMENTS Filing of Agreements Required SEC. 412. [72 Stat. 770, 4~9 U.S.C. 1382] (a) Every air carrier shall file with the Board a true copy, or, if oral, a true and complete mem- orandum, of every contract or agreement (whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise) affecting air transportation and in force on the effective date of this section or hereafter entered into, or any modification or cancellation thereof, between such air carrier and any other air carrier, foreign air carrier, or other carrier for pooling or apportioning earnings, losses, traffic, service, or equipment, or relating to the establishment of trans. portation rates, fares, charges, or classifications, or for preserving and improving safety, economy, and efficiency of operation, or for controlling, regulating, preventing, or otherwise eliminating destruc- tive, oppressive, or wasteful competition, or for regulating stops, schedules, and character of service, or for other cooperative working arrangements. Approval by Board (b) The Board shall by order disapprove any such contract or agree- ment, whether or not previously approved by it, that it finds to be adverse to the public interest, or in violation of this Act, and shall by order approve any such contract or agreement, or any modification or cancellation thereof, that it does not find to be adverse to the public interest, or in violation of this Act; except that the Board may not approve any contract or agreement between an air carrier not directly engaged in the operation of aircraft in air transportation and a com- mon carrier subject to the Interstate Commerce Act, as amended, gov- erning the compensation to be received by such common carrier for transportation services performed by it. FORM OF CONTROL SEC. 413. [72 Stat. 770, 49 U.S.C. 1383] For the purposes of this title, whenever reference is made to control, it is immaterial whether such control is direct or indirect. LEGAL RESTRAINTS SEC. 414. [72 Stat. 770,49 U.S.C. 1384] Any person affected by any order made under sections 408, 409, or 412 of this Act shall be, and is hereby, relieved from the operations of the "antitrust laws", as desig- nated in section 1 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other pur- poses", approved October 15. 1914, and of all other restraints or prohi- bitions made by, or imposed under, authority of law, insofar as may be necessary to enable such person to do anything authorized, ap- proved, or required by such order. INQUIRY INTO AIR CARRIER MANAGEMENT SEC. 415. [72 Stat. 770, 49 U.S.C. 1385] For the purpose of exercis- ing and performing its powers and duties under this Act, the Board PAGENO="1531" .\1I~ LAW~' AND TI~FATII~ ()F Till. WOIILI) 2931 [~ 416-417) is empowered to inquire into the management of the business of any air carrier and, to the extent reasonably necessary for any such in- quiry, to obtain from such carrier, and from any person controlling or controlled by, or under common control with, such air carrier, full and complete reports and other information. CLASSIFICATION AND EXEMPTION OF CARRIERS Classification SEc. 416. [7~ Stat. 771, 49 U.S.C. 1886] (a) The Board may from time to time establish such just and reasonable classifications or groups of air carriers for the purposes of this title as the nature of the serv- ices performed by such air carriers shall require; and such just and reasonable rules and regulations, pursuant to and consistent with the provisions of this title, to be observed by each such class or group, as the Board finds necessary in the public interest. Exemptions (b) (1) The Board, from time to time and to the extent necessary, may (except as provided in paragraph (2) of this subsection) exempt from the requirements of this title or any provision thereof, or any rule, regulation, term, condition, or limitation prescribed thereunder, any air carrier or class of air carriers, if it finds that the enforcement of this title or such provision, or such rule, regulation, term, condition, or limitation is or would be an undue burden on such air carrier or class of air carriers by reason of the limited extent of, or unusual cir- cumst.ances affecting, the operations of such air carrier or class of air carriers and is not in the public interest. (2) The Board shall not exempt any air carrier from any provision of subsection (k) of section 401 of this title, except that (A) any air carrier not engaged in scheduled air transportation, and (B), to the extent that the operations of such air carrier are conducted during daylight hours, any air carrier engaged in scheduled air transporta- tion, may be exempted from the provisions of paragraphs (1) and (2) of such subsection if the Board finds, after notice and hearing, that, by reason of the limited extent of, or unusual circumstances affecting, the operations of any such air carrier, the enforcement of such para- graphs is or would be such an undue burden on such air carrier as to obstruct its development and prevent it from beginning or continuing operations, and that the exemption of such air carrier from such para- graphs would not adversely affect the public interest: Provided, That nothing in this subsection shall be deemed to authorize the Board to exempt any air carrier from any requirement of this title, or any pro- vision thereof, or any rule, regulation, term, condition, or limitation prescribed thereunder which provides for maximum flying hours for pilots or copilots. SPECIAL OPERATING AUTHORIZATIONS Authority of Board to Issue SEC. 417. [76 Stat. 145] (a) If the Board finds upon an investiga- tion conducted on its own initiative or upon request of an air carrier- PAGENO="1532" 2932 AIR LAWS \ND TREATIES OF THE WORLD [~5O1] (1) that the capacity for air transportation being offered by the holder of a certificate of public convenience and necessity between particular points in the United States is, or will be, temporarily insufficient to meet the requirements of the public or the postal service; or (2) that there is a temporary requirement for air transporta- tion between two points, one or both of which is not regularly served by any air carrier; and (3) that any supplemental air carrier can provide the addi- tional service temporarily required in the public interest; the Board may issue to such supplemental air carrier a special operating authorization to engage in air transportation between such points. Terms of Authorization (b) A special operating authorization issued under this section- (1) shall contain such limitations or requirements as to fre- quency of service, size or type of equipment, or otherwise, as will assure that the service so authorized will alleviate the insufficiency which otherwise would exist, without significant diversion of traffic from the hoTders of certificates for the route; (2) shall be valid for not more than thirty days and may be extended for additional periods aggregating not more than sixty days; and (3) shall not be deemed a ]icense within the meaning of sec- tion 9(b) of the Administrative Procedure Act (5 U.S.C. 1008(b)). Procedure (c) The Board shall by regniation establish procedures for the expeditious investigation and determination of requests for such special opera.ting authorizations. Such procedures shall include writ- ten notice to air carriers certificated to provide service between the points involved, and shall provide for such opportunity to protest the application in writing, and at~ the Board's discretion to be heard orally in support of such protest, as will not unduly delay issuance of such spec~a1 operating authorization, taking into account the degree of emergency involved. TITLE V-NATIONALITY AND OWNERSHIP OF AIRCRAFT REGISTRATION OF AIRCRAFr NATIONALITY Registration Required SEC. 501. [7~ Stat. 771, 4P U.S.C. 1401] (a) It shall be unlawful for any person to operate or navigate any aircraft eligible for regis- tration if such aircraft is not registered by its owner as provided in this section, or (except as provided in section 1108 of this Act) to operate or navigate within the United States any aircraft not eligible for registration: Provided. That~ aircraft of the national-defense forces of the United States may be operated and navigated without being so registered if such aircraft are identified, by the agency having jurisdic- PAGENO="1533" AII~ T~AW'~-~ ~NI) TR F\TIIS OF TO F 2933 t~ 502-503] tion over them, in a manner satisfactory to the Administrator. The Administrator may, by regulation, permit the operation and naviga- tion of aircraft without registration by the owner for such reasonable periods after transfer of ownership thereof as the Administrator may prescribe. Eligibility for Registration (b) An aircraft shall be eligible for registration if, but only if- (1) It is owned by a citizen of the United States and it is not registered under the laws of any foreign country; or (2) It is an aircraft of the Federal Government, or of a State Territory, or possession of the United States, or the District Columbia, or of a political subdivision thereof. Issuance of Certificate (c) Upon request of the owner of any aircraft eligible for regis- tration, such aircraft shall be registered by the Administrator and the Administrator shall issue to the owner thereof a certificate of registration. Applications (d) Applications for such certificates shall be in such form, be filed in such manner, and contain such information as the Administrator may require. Suspension or Revocation (e) Any such certificate may be suspended or revoked by the Ad- ministrator for any cause which renders the aircraft ineligible for registration. Effect of Registration (f) Such certificate shall be conclusive evidence of nationality for international purposes, but not in any proceeding under the laws of the United States. Registration shall not be evidence of ownership of aircraft in any proceeding in which such ownership by a particular person is, or may be, in issue. REGISTRATION OT ENGINES, PROPELLERS~ AND APPLIANCES SEC. 502. [72 Stat. 77~, 49 U.S.C. 1402] The Administrator may establish reasonable rules and regulations for registration and identi- fication of aircraft engines, propellers, and appliances, in the interest of safety, and no aircraft engine, propeller, or appliance shall be used in violation of any such rule or regulation. RECORDATION OF AIRCRAFT OWNERSHIP Establishment of Recording System SEC. 503. [72 Stat. 772, as amended by 73 Stat. 180, 49 U.S.C. 1403] (a) The Administrator shall establish and maintain a system for the recording of each and all of the following: (1) Any conveyance which affects the title to, or any interest in, any civil aircraft of the United States; (2) Any lease, and any mortgage, equipment trust, contract of conditional sale, or other instrument executed for security pur- poses, which lease or other instrument affects the title to, or any PAGENO="1534" 2934 AII-~ LAWs AND TF~F:ATIE~ OF THE WORLD [~5O3] interest in, any specifically identified aircraft engine or engines of seven hundred and fifty or more rated takeoff horsepower for each such engine or the equivalent of such horsepower, or any specifically identified aircraft propeller capable of absorbing seven hundred and fifty or more rated takeoff shaft horsepower, and also any assignment or amendment thereof or supplement thereto; (3) Any lease, and any mortgage, equipment trust, contract of conditional sale, or other instrument executed for security pur- poses, which tease or other instrument affects the title to, or any interest in, any aircraft engines, propellers, or appliances main- tained by or on behalf of an air carrier certificated under section 604(b) of this Act for installation or use in aircraft, aircraft engines, or propellers, or any spare parts maintained by or on behalf of such an air carrier, which instrument need only de- scribe generally by types the engines, propellers, appliances, and spare parts covered thereby and designate the location or loca- tions thereof; and also any assignment or amendment thereof or - supplement thereto. Recording of Releases (b) The Administrator shall also record under the system provided for in subsection (a) of this section any release, cancellation, dis- charge, or satisfaction relating to any conveyance or other instrument recorded imder said system. Conveyances To Be Recorded (c) No conveyance or instrument the recording of which is provided for by section 503(a) shall be valid in respect of such aircraft, air- craft engine or engines, propellers, appliances, or spare parts against any person other than the person by whom the conveyance or other instrument is made or given, his heir or devisee, or any person having actual notice thereof, until such conveyance or other instrument is filed for recordation in the office of the Administrator: Provided, That previous recording of any conveyance or instrument with the Ad- ministrator of the Civil Aeronautics Administration under the pro- visions of the Civil Aeronautics Act of 1938 shall have the same force and effect as though recorded as provided herein; and conveyances, the recording of which is provided for by section 503(a) (1) made on or before August. 21, 1938, and instruments, the recording of which is provided for by sections 503(a) (2) and 503(a) (3) made on or before June 19, 1948, shall not be subject to the provisions of this subsection. Effect of Recording (d) EaclA conveyance or other instrument recorded by means of or under the system provided for in subsection (a) or (b) of this section shall from the time of its filing for recordation be valid as to all per- sons without. further or other recordation, except that an instrument recorded pursuant to section 503(a) (3) shall be effective only with respect to those of such items which may from time to time be situated at the designated location or locations and only while so situated: Proi~ided, That an instrument recorded under section 503(a) (2) shall PAGENO="1535" AIE~ LA\V~ AND Tu1:.\TIF:~ OF TIlE W()ELD 2935 [~ 5041 not be affected as to the engine or engines, or propeller or propellers, specifically identified therein, by any instrument theretofore or there- after recorded pursuant to section 503(a) (3). Form of Conveyances / (e) Except. as the Administrator may by regulation prescribe, no conveyance or other instrument, shall be recorded unless it shall have been acknowledged before a notary public or other officer authorized by the law of the lnited States, or of a state, territory, or possession thereof, or the I)istrict of (`olunibia, to take acknowledgment of deeds. Index of Conveyances (f) The Administrator shall keep a record of the time and date of the filing of conveyances and other instruments with him and of the time and date of recordation thereof. He shall record conveyances and other instruments filed with him in the order of their reception, in files to be kept for that purpose, and indexed according to- (1) the identifying description of the aircraft, aircraft en- gine, or propeller, or in the case of an instrument referred to in section 503(a) (3), the location or locations specified therein; and (2) the names of the parties to the conveyance or other instrument. Regulations (g) The Administrator is authorized to provide by regulation for the endorsement upon certificates of registration, or aircraft certifi- cates, of information with respect to the ownership of the aircraft for which each certificate is issued, the recording of discharges and satis- factions of recorded instruments, and other transactions affecting title to or interest in aircraft, aircraft engines, propellers, appliances, or parts, and for such other records, proceedings, and details as may be necessary to facilitate the determination of the rights of parties dealing with civil aircraft of the United States, aircraft engines, propellers, appliances, or parts. Previously Unrecorded Ownership (h) The person applying for the issuance or renewal of an air- worthiness certificate for an aircraft with respect to which there has been no recordation of ownership as provided in this section shall present with his application such information with respect to the ownership of the aircraft as the Administrator shall deem necessary to show the persons who are holders of property interests in such aircraft and t.he nature and extent of such interests. LIMITATION OF SECURITY OWNERS LIABILITY SEC. 504. [72 Stat. 774, a~ amended b1i 73 Stat. 180, 49 U.S.C. 1404] No person having a security interest in, or security title to, any civil aircraft, aircraft engine, or propeller under a contract of conditional sale, equipment trust, chattel or corporate mortgage, or other instru- ment of similar nature, and no lessor of any such aircraft, aircraft PAGENO="1536" 2936 ~\IR LAWS AND THEATIES OF THE WORLD [~ 505] engine, or propeller under a bona fide lease of thirty days or more, shall be liable by reason of such intere.st or title, or by reason of his interest as lessor or owner di tue aircraft, aircraft engine, or propeller so leased, for any injurY to or death of persons, or damage to or loss of property, on the surface of the earth (whether on land or water) caused by such aircraft, aircraft engine, or propeller, or by the ascent, descent, or flight of such aircraft, aircraft engine, or propeller or by the dropping or falling of an object therefrom, unless such aircraft, aircraft engine, or propeller is in the actual possession or control of such person at the. time of such injury, death, damage, or loss. DEALERS' AIRCRAFT REGISTRATION CERTIFICATES SEC. 505. [72 Stat. 774, 4.9 U.S.C. 1405] The Administrator may, by such reasonable regulations as he may find to be in the public interest, provide for the issuance, and for the suspension or revocation, of dealers' aircraft registration certificates, and for their use in connec- tion with aircraft eligible for registration under this Act by persons engaged in the business of manufacturing, distributing, or selling aircraft. Aircraft owned by holders of dealers' aircraft registration certificates shall be deemed registered under this Act to the extent that the Administrator may, by regulation, provide. It shall be unlawful for any person to violate any regulation, or any term, condition, or limitation contained in any certificate, issued under this section. PAGENO="1537" AIR LAWS AND TREATIES OF THE WORLD 2937 "LAW GOVERNING VALII)ITY OF CERTAIN INSTRL~MENTS SEC. 506. [78 stat. ~3G, 49 U.~.C. 1406] The validity of any instru- inent the recording of which is 1)1o\~iled for by section 503 of this Act shall be governed by the laws of the state, l)istrict of (1olunibia, or territory or possession of the IThited States in \vhiell such instrument is delivered, irresl)ec.tiVe of the location or the ph~~e of (leliverv of the property which is the subject of such instrument. Where the place of intended delivery of such instrilmeilt is specified therein, it shall con- stitute presumptive evidence that such instrument was delivered at the place so specified. 39-737 0-65--vol. II--97 PAGENO="1538" 2938 AlE LAWS AND TREATIES OF THE WORLD TITLE VT-SAFETY REGULATION OF CIVIL AERONAUTICS GENERAL SAFETY POWERS AND DUTIES Minimum Standards; Rules and Regulations SEC. 601. [7~ Stat. 775, 49 U.S.C. 14~1] (a) The Administrator is empowered and it shall be his duty to promote safety of flight of civil aircraft in air commerce by prescribing and revising from time to time: (1) Such minimum standards governing the design, materials, workmanship, construction, and performance of aircraft, aircraft engines, and propellers as may be required in the interest of safety; (2) Such minimum standards governing appliances as may be re- quired in the interest of safety; (3) Reasonable rules and regulations and minimum standards gov- erning, in the interest of safety, (A) the inspection, servicing, and overhaul of aircraft, aircraft engines, propellers, and appliances; (B) the equipment and facilities for such inspection, servicing, and overhaul; and (C) in the discretion of the Administrator, the periods for, and the manner in, which such inspection, servicing, and overhaul shall be made, including provision for examinations and reports by properly qualified private persons whose examinations or reports the Administrator may accept in lieu of those made by its officers and employees; (4) Reasonable rules and regulations governing the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, required in the interest of safety, including the reserve supply of aircraft fuel and oil which shall be carried in flight; (5) Reasonable rules and regulations governing, in the interest of safety, the maximum hours or periods of service of airmen, and other employees, of air carriers; and PAGENO="1539" Al U LAW~-' AN I) TU UAuI [~-A ( )F lUl U \V( U1l) 2939 [~6O2] (6) Such reasonable rules and regulations, or minimum standards, governing other practices, methods, and procedure, as tile Adminis- trator may find necessary to provide adequately for national security and safety in air commerce. Needs of Service To Be Considered; Classification of Standards, etc. (b) In prescribing standards, rules, and regulations, and in issuing certificates under this title, the Administrator shall give full consider- ~tion to the duty resting upon air carriers to perform their services with the highest possible degree of safety in the public interest and to any differences between air transportation and other air commerce; and he shall make classifications of such standards, rules, regulations, and certificates appropriate to the differences between air transpor- tation and other air commerce. The Administrator may authorize any aircraft, aircraft engine, propeller, or appliance, for which an air- craft certificate authorizing use thereof in air transportation has been issued, to be used in other air commerce without tile issuance of a fur- ther certificate. The Administrator shall exercise and perform his powers and duties under this Act in such manner as will best tend to reduce or eliminate the possibility of, or recurrence of, accidents in air transportation, but shall not deem himself required to give prefer- ence to either air transportation or other air commerce in the adminis- tration and enforcement of this title. Exemptions (c) The Administrator from time to time may grant exemptions from the requirements of any rule or regulation prescribed under this title if he finds that such action would be in the public interest. AIRMAN CERTIFICATES Power to Issue Certificate SEC. 602. [7~ Stat. 776, 4.9 U.S.C. 142~2] (a) The Administrator is empowered to issue airman certificates specifying the capacity in which the holders thereof are authorized to serve as airmen in connection with aircraft. Issuance of Certificate (b) Any person may file with the Administrator an application for an airman certificate. If the Administrator finds, after investigation, that such person possesses proper qualifications for, and is physically able to perform the duties pertaining to, the position for which the air- man certificate is sought, he shall issue such certificate, containing such terms, conditions, and limitations as to duration thereof, periodic or special examinations, tests of physical fitness, and other matters as the Administrator may determine to be necessary to assure safety in air commerce. Except in the case of persons whose certificates are, at the time of denial, under order of suspension or whose certificates have been revoked within one year of the date of such denial, any person whose application for the issuance or renewal of an airman certificate is denied may file with the Board a petition for review of the Administrator's action. The Board shall thereupon assign such PAGENO="1540" 2940 AIR LAWS AND TREATIES OF THE WORLD (~6O3] petition for hearing at a place convenient to the applicant's place of residence or employment. In the conduct of such hearing and in determining whether the airman meets the pertinent rules, regulations, or standards, the Board shall not be bound by findings of fact of the Administrator. At the conclusion of such hearing, the Board shall issue its decision as to whether the airman meets the pertinent rules, regulations, and standards and the Administrator shall be bound by such decision: Provided, That the Administrator may, in his discre- tion, prohibit or restrict the issuance of airman certificates to aliens, or may make such issuance dependent on the terms of reciprocal agreements entered into with foreign governments. Form and Recording of Certificate (c) Each certificate shall be numbered and recorded by the Ad- mimstrator; shall state the name and address of, and contain a de- scription of, the person to whom the certificate is issued; and shall be entitled with the designation of the class covered thereby. Certifi- cates issued to all pilots serving in scheduled air transportation shall be designated "airline transport~ pilot" of the proper class. AIRCRAFT CERTIFICATES Type Certificates SEC. G03. [72 Stat. 776, 49 U.S.C. 1423] (a) (1) The Administrator is empowered to issue type certificates for aircraft, aircraft engines, and propellers; to specify in regulations the appliances for which the issuance of type certificates is reasonably required in the interest of safety; and to issue such certificates for appliances so specified. (2) Any interested person may file with the Administrator an ap- plication for a type certificate for an aircraft, aircraft engine, pro- peller, or appliance specified in regulations under paragraph (1) of this subsection. Upon receipt of an application, the Administrator shall make an investigation thereof and may hold hearings thereon. The Administrator shall make, or require the applicant to make, such tests during manufacture and upon completion as the Administrator deems reasonably necessary in the interest of safety, including flight tests and tests of raw materials or any part or appurtenance of such aircraft, aircraft engine, propeller, or appliance. If the Administra- tor finds that such aircraft, aircraft engine, propeller, or appliance is of proper design, material, specification, construction, and perform- ance for safe operation, and meets the~minimum standards, rules, and regulations prescribed by the Administrator, he shall issue a type certificate therefor. The Administrator may prescribe in any such certificate ~l' 1uration thereof and such other terms, conditions, and limitations:. ~ are required in the interest of safety. The Administra- tor may record upon any certificate issued for aircraft, aircraft engines, or propellers, a numerical determination of all of the essential factors relative to the performance of the aircraft, aircraft engine, or pro- peller for which the certificate is issued. Production Certificate (b) Upon application, and if it satisfactorily appears to the Ad- ministrator that duplicates of any aircraft, aircraft engine, propeller, PAGENO="1541" ~iu ~ \ND 1'lu:~i'ii;~-~ ()F TI-Il; ~VI~LI) 2941 [~6O41 or appliance for which a type certificate has been issued will conform to such certificate, the Administrator shall issue a production certifi- cate authorizing the production of duplicates of such aircraft, aircraft engines, propellers, or appliances. The Administrator shall make such inspection and may require such tests of any aircraft, aircraft engine, propeller, or appliance manufactured under a production certificate as may be necessary to assure manufacture of each unit in conformity with the type certificate or any amendment or modi- fication thereof. The Administrator may prescribe in any such pro- duction certificate the duration thereof and such other terms, condi- tions, and limitations as are required in the interest of safety. Airworthiness Certificate (c) The registered owner of any aircraft may file with the Admin- istrator an application for an airworthiness certificate for such air- craft. If the Administrator finds that the aircraft conforms to the type certificate therefor, and, after inspection, that the aircraft is in condition for safe operation, he shall issue an airworthiness certificate. The Administrator may prescribe in such certificate the duration of such certificate, the type of service for which the aircraft may be used, and such other terms, conditions, and limitations as are required in the interest of safety. Each such certificate shall be registered by the Administrator and shall set forth such information as the Administrator may deem advisable. The certificate number, or such other individual designation as may be required by the Administra- tor, shall be displayed upon each aircraft in accordance with regula- tions prescribed by the Administrator. AIR CARRIER OPERATING CERTIFICATES Power to Issue SEO. 604. [7~ Stat. 778, 49 U.S.C. 1494] (a) The Administrator is empowered to issue air carrier operating certificates and to establish minimum safety standards for the operation of the air carrier to whom any such certificate is issued. Issuance (b) Any person desiring to operate as an air carrier may file with the Administrator an application for an air carrier operating cer- tificate. If the Administrator finds, after investio~ation, that such person is properly and adequately equipped and a~bie to conduct a safe operation in accordance with the requirements of this Act and the rules, regulations, and standards prescribed thereunder, he shall issue an air carrier operating certificate to such person. Each air carrier operating certificate shall prescribe such terms, conditions, and limitations as are reasonably necessary to assure safety in air transportation, and shall specify the points to and from which, and the Federal airways over which, such person is authorized to operate as an air carrier under an air carrier operating certificate. PAGENO="1542" 2942 AlE LAWS ~NI) T1n:ATIES OF THE WORLD [~ 605-607] MAINTENANCE OF EQDIPMENT IN AIR TRANSPORTATION Duty of Carriers and Airmen SEC. 605. [72 Stat. 778, 49 U.S.C. 14935] (a) It shall be the duty of each air carrier to make, or cause to be made, such inspection, main- tenance, overhaul, and repair of all equipment used in air transporta- tion as may be required by this Act, or the orders, rules, and regula- tions of the Administrator issued thereunder. And it shall be the duty of every person engaged in operating, inspecting, maintaining, or overhauling equipment to observe and comply with the requirements of this Act relating thereto, and the orders, rules, and regulations issued thereunder. Inspection (b) The Administrator shall employ inspectors who shall be charged with the duty (1) of making such inspections of aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture, and while used by an air carrier in air transportation, as may be necessary to enable the Administrator to determine that such aircraft, aircraft engines, propellers, and appli- ances are in safe condition and are properly maintained for operation in air transportation; and (2) of advising and cooperating with each air carrier in the inspection and maintenance thereof by the air car- rier. Whenever any inspector shall, in the performance of his duty, find that any aircraft, aircraft engine, propeller, or appliance, used or intended to be used by any air carrier in air transportation, is not in condition for safe operation, he shall so notify the carrier, in such form and manner as the Administrator may prescribe; and, for a period of five days thereafter, such aircraft, aircraft engine, propeller, or appliance shall not be used in air transportation, or in such manner as to endanger air transportation, unless found by the Administrator or his inspector to be in condition for safe operation. AIR NAVIGATION FACthITY RATING SEC. 606. [72 Stat. 779, 4.9 U.S.C. 1426] The Administrator is em- powered to inspect, classify, and rate any air navigation facility avail- able for the use of civil aircraft, as to its suitability for such use. The Administrator is empowered to issue a certificate for any such air navigation facility. AIR AGENCY RATING SEC. 607. [72 Stat. 779, 49 U.S.C. 1427] The Administrator is em- powered to provide for the examination and rating of (1) civilian schools giving instruction in flying or in the repair, alteration, main- tenance, and overhaul of aircraft, aircraft engines, propellers, and ap- pliances, as to the adequacy of the course of instruction, the suitability and airworthiness of the equipment, and the competency of the in- structors; (2) repair stations or shops for the repair, alteration, main- tenance, and overhaul of aircraft, aircraft engines, propellers, or ap- pliances, as to the adequacy and suitability of the equipment, facilities, and materials for, and methods of, repair, alteration, maintenance, and overhaul of aircraft, aircraft engines, propellers, and appliances, and the competency of those engaged in the work or giving any instruction PAGENO="1543" Alfi LAWS ANt) Tfl I:.\T1 f~ OFT FIL WOULD 2943 [~ 608-610] therein; and (3) such other air agencies as may, in his opinion, be neces- sary in the interest of the public. The Administrator is empowered to issue certificates for such schools, repair stations, and other agencies. FORM OF APPLICATIONS SEC. 608. [72 Stat. 779, 49 U.S.C. 1428] Applications for certificates under this title shall be in such form, contain such information, and be filed and served in such manner as the Administrator may prescribe, and shall be under oath whenever the Administrator so requires. AMENDMENT, SUSPENSION, AND REVOCATION OF CERTIFICATES SEC. 609. [72 Stat. 779, 49 U.S.C. 1429] The Administrator may, from time to time, reinspect any civil aircraft, aircraft engine, pro- peller, appliance, air navigation facility, or air agency, or may re- examine any civil airman. If, as a result of any such reinspection or reexamination, or if, as a result of any other investigation made by the Administrator, he determines that safety in air commerce or air transportation and the public interest requires, the Administrator may issue an order amending, modifying, suspending, or revoking, in whole or in part, any type certificate, production certificate, airworthi- ness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate, or air agency certificate. Prior to amending, modifying, suspending, or revoking any of the foregoing certificates, the Administrator shall advise the holder thereof as to any charges or other reasons relied upon by the Administrator for his proposed action and, except in cases of emergency, shall provide the holder of such a certificate an opportunity to answer any charges and be heard as to why such certificate should not be amended, modi- fied, suspended, or revoked. Any person whose certificate is affected by such an order of the Administrator under this section may appeal the Administrator's order to the Board and the Board may, after notice and hearing, amend, modify, or reverse the Administrator's order if it finds that safety in air commerce or air transportation and the public interest do not require affirmation of the Administrator's order. In the conduct of its hearings the Board shall not be bound by findings of fact of the Administrator. The filing of an appeal with the Board shall stay the effectiveness of the Administrator's order unless the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the im- mediate effectiveness of his order, in which event the order shall remain effective and the Board shall finally dispose of the appeal within sixty days after being so advised by the Administrator. The person substantially affected by the Board's order may obtain judicial review of said order under the provisions of section 1006, and the Administrator shall be made a party to such proceedings. PROITIBITIONS Violations of Title SEc. 610. [72 Stat. 780, 49 U.S.C. 1430] (a) It shall be unlawful- (1) For any person to operate in air commerce any civil air- craft for which there is not currently in effect an airworthiness certificate, or in violation of the terms of any such certificate; PAGENO="1544" 2944 AIR LAWS A~D TflEATIE~' OF THE WORLD [~7O1] (2). For any person to serve in any capacity as an airman in connection with any civil aircraft, aircraft engine, propeller or appliance used or intended for use, in air commerce without an airman certificate authorizing him to serve in such capacity, or in violation of any term, condition, or limitation thereof, or in vio- lation of any order, rule, or regulation issued under this title; (3) For any person to employ for service in connection with any civil aircraft used in air commerce an airman who does not have an airman certificate authorizing him to serve in the capacity for which he is employed; (4) For any person to operate as an air carrier without an air carrier operating certificate, or in violation of the terms of any such certificate; (5) For any person to operate aircraft in air commerce in violation of any other rule, regulation, or certificate of the Administrator under this title; and (6) For any person to operate a seaplane or other aircraft of United States registry upon the highseas in contravention of the regulations proclaimed by the President pursuant to section 1 of the Act entitled "An Act to authorize the President to pro- claim regulations for preventing collisions at sea", approved October 11, 1951 (Public Law 172, Eighty-second Congress; 65 Stat. 406); and (7) For any person holding an air agency or production cer- tificate to violate any term, condition, or limitation thereof, or to violate any order, rule, or regulation under this title relating to the holder of such certificate. Exemption of Foreign Aircraft and Airmen (b) Foreign aircraft and airmen serving in connection therewith may, except with respect to the observance by such airmen of the air traffic rules, be exempted from the provisions of subsection (a) of this section, to the extent., and upon such terms and conditions, as may be prescribed by the Administrator as being in the interest of the public. TITLE Vu-AIRCRAFT ACCIDENT INVESTIGATION ACCIDENTS INVOLVING CIVIL AIRCRAY~ General Duties SEC. 701. [72 Stat. 781, a~ amended by 76 Stat. 921,49 U.S.C. 1441] (a) It shall be the duty of the Board to- (1) Make rules and regulations governing notification and report of accidents involving civil aircraft; (2) Investigate such accidents and report the facts, condi- tions, and circumstances relating to each accident and the prob- able cause thereof; (3) Make such recommendations to the Administrator as, in its opinion, will tend to prevent, similar accidents in the future; (4) Make such reports public in such form and manner as may be deemed by it to be in the public interest.; and PAGENO="1545" AIR LAWS AND TEEATIES OF THE WORLD 2945 [~7O11 (5) Ascertain what will best tend to reduce or eliminate the possibility of, or recurrence of, accidents by conducting special studies and investigations on matters pertaining to safety in air navigation and the prevention of accidents. Temporary Personnel (b) The Board may, without regard to the civil-service laws, en- gage, for temporary service in the investigation of any accident in- volving aircraft, persons other than officers or employees of the United States and may fix their compensation without regard to the Classifi- cation Act of 1949, as amended; and may, with consent of the head of the executive department or independent~ establishment under whose jurisdiction the officer or employee is serving, secure for such service any officer or employee of the United States. Conduct of Investigations (c) In conducting any hearing or investigation, any member of the Board or any officer or employee of the Board or any person engaged or secured under subsection (b) shall have the same powers as the Board has with respect to hearings or investigations conducted by it. In carrying out its duties under this titTe, the Board is authorized to examine and test to the extent necessary any civil aircraft, aircraft engine, propeller, appliance, or property aboard an aircraft involved in an accident in air commerce. In the case of any fatal accident, the Board is authorized to examine the remains of any deceased per- son aboard the aircraft at the time of the accident, who dies as a result of the accident, and to conduct autopsies or such other tests thereof as may be necessary to the investigation of the accident: Provided, That to the extent consistent with the needs of the accident investiga- tion, provisions of local law protecting religious beliefs with respect to autopsies shall be observed. Aircraft (d) Any civil aircraft, aircraft engine, propeller, appliance, or property aboard an aircraft involved in an accident in air commerce, shall be preserved in accord'ance with, and shall not be moved except in accordance with, regulations prescribed by the Board. Use of Records and Reports as Evidence (e) No part of any report or reports of the Board relating to any accident or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports. Use of Agency in Accident Investigations (f) Upon the request of the Board, the Administrator is authorized to make investigations with regard to aircraft accidents and to report to the Board the facts, conditions, and circumstances thereof, and the Board is authorized to utilize such reports in making its determina- tions of probable cause under this title. PAGENO="1546" 2946 AJfl LAWS AND TREATIES OF THF: WORLD [~ 702-703, 801] Participation by Agency (g) In order to assure the proper discharge by the Administrator of his duties and responsibilities, the Board shall provide for the appropriate participation of the Administrator and his representa- tives in any investigations conducted by the Board under this title: Provided, That the Administrator or his representatives shall not participate in the determination of probable cause by the Board under this title. ACCIDENTS INVOLVING MILITARY AIRCRAF1' SEC. 702. [72 Stat. 782, 4.9 U.S.C. 1442] (a) In the case of acci- dents involving both civil and military aircraft, the Board shall pro- vide for participation in the investigation by appropriate military authorities. (b) In the case of accidents involving solely military aircraft and in which a function of the Administrator is or may be involved, the military authorities shall provide for participation in the investiga- tion by the Administrator. (c) With respect to other accidents involving solely military air- craft, the military authorities shall provide the Administrator and the Board with any information with respect thereto which, in the judgment of the military authorities, would contribute to the promo- tion of air safety. SPECIAL BOARDS OF INQUIRY SEC. 703. [72 Stat. 782, 4.9 U.JS.C. 14.43] (a) In any accident which involves substantial questions of public safety in air transportation the Board may establish a Special Board of Inquiry consisting of three members; one member of the Civil Aeronautics Board who shall act as Chairman of the Special Board of Inquiry; and two members repre- senting the public who shall be appointed by the President upon noti- fication of the creation of such Special Board of Inquiry by the Civil Aeronautics Board. (b) Such public members of the Special Board of Inquiry shall be duly qualified by training and experience to participate in such inquiry and shall have no pecuniary interest in any aviation enterprise in- volved in the accident to be investigated. (c) The Special Board of Inquiry when convened to investigate an accident certified to it by the Civil Aeronautics Board shall have all authority of the Civil Aeronautics Board as described in this title. TITLE Vill-OTHER ADMINISTRATIVE AGENCIES THE PRESIDENT OF THE UNITED STATES SEC. 801. [72 Stat. 782, 49 U.S.C. 1461] The issuance, denial, trans- fer. amendment, cancellation, suspension, or revocation of, and the terms, conditions, and limitations contained in, any certificate author- izing an air carrier to engage in overseas or foreign air transportation, or air transportation between places in the same Territory or posses- sion, or any permit issuable to any foreign air carrier under section 402, shall be subject to the approval of the President. Copies of all PAGENO="1547" \H~ 1. \\V~ \\I) T 1~TIi1~ Oi~ JIlL ~V(fl~i~I) 2947 {~ 802-803] applications in respect of such certificates and permits shall be trans- mitted to the. President by the Board before hearing thereon, and all decisions thereon by the Board shall be submito~i. to the President before publication thereof. THE I)EPARTMENT OF STATE SEc. 802. 172 Stat. 783, 49 U.S.C. 1462] The Secretary of State shall advise the Administrator, the Board, and the Secretary of Com- merce, and consult with the Administrator, Board, or Secretary, as appropriate, concerning the negotiations of any agreement with for- eign governments for the establishment or development of air naviga- tion, including air routes and services. WEAThER BUREATJ SEc. 803. [7~ Stat. 783, 4.9 U.S.C. 1463] In order to promote safety and efficiency in air navigation to the highest possible degree, the Chief of the Wreather Bureau, imder the direction of the Secretary of Commerce, shall, in addition to any other functions or duties pertain- ing to weather information for other purposes, (1) make such obser- vations, measurements, investigations, and studies of atmospheric phenomena, and establish such meteorological offices and stations, as are necessary or best suited for ascertaining, in advance, information concerning probable weather conditions; (2) furnish such reports, forecasts, warnings, and advices to the Administrator, and to such persons engaged in civil aeronautics as may be designated by the Ad- ministrator, and to such other persons as the Chief of the Weather Bureau may determine, and such reports shall be made in such man- ner and with such frequency as will best result. in safety in and in facilitating air navigata~a ; (3) cooperate. with persons engaged in air commerce, or employees thereof, in meteorological service, establish and maintain reciprocal arrangements under which this provision is t.o be carried out and collect and disseminate, weather reports avail- able from aircraft in flight : (4) establish and coordinate the inter- national exchanges of meteorological information required for the safety and efficiency of air navigation: (5) part cipate in the develop- ment of an international basic meteorological rel.)orhng network, in- cluding the establishment., operation. and maintenance of reporting stations on the high seas, in pdlar regions, and in foreign countries in cooperation with other governmental agencies of the United States and the meteorological services of foreign countries and with persons engaged in air commerce; (6) coordinate meteorological requirements in the United States in order to maintain standard observations, pro- mote efficient use of facilities and avoid duplication of services unless such duplication tends to promote the safety and efficiency of air navi- gation; and (7~ promote and develop meteorological science and foster and support research projects in meteorology through the utilization of private and governmental research facilities and provide for the publication of the results of such research projects unless such publi- cations would be. contrary to the public interest. PAGENO="1548" 2948 AIR LAWS AXD TREATIES OF THE WORLD [~ 901-902] TITLE TX-PENALTIES CIVIL PENALTIES Safety, Economic, and Postal Offenses SEc. 901. [72 Stat. 783, as amended by 76 Stat. 149, 49 U.S.C. 1471] (a) (1) Any person who violates (A) any provision of title III, IV, V, VI, VII, or XII of this Act, or any rule, regulation, or order issued thereunder, or under section 1002(i), or any term, condition, or lim- itation of any permit or certificate issued under title IV, or (B) any rule or regulation issued by the Postmaster General under this Act, shall be subject to a civil penalty of not to exceed $1,000 for each such violation. If such violation is a continuing one2 each day of such violation shall constitute a separate offense: Provzded, That this sub- section shall not apply to members of the Armed Forces of the United States, or those civilian employees of the Department of Defense who are subject to the provisions of the Uniform Code of Military Justice, while engaged in the performance of their official duties; arid the appropriate military authorities shall be responsible for taking any necessary disciplinary action with respect thereto and for making to the Administrator or Board, as appropriate, a timely report of any such action taken. (2) Any such civil penalty may be compromised by the Adminis- trator in the case of violations of titles III, V, VI, or XII, or any rule, regulation, or order issued thereunder, or by the Board in the case of violations of titles IV or VII, or any rule, regulation, or order issued thereunder, or under section 1002(i), or any term, condition, or limitation of any permit or certificate issued under title IV, or by the Postmaster General in the case of regulations issued by him. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. Liens (b) In case an aircraft is involved in such violation and the viola- tion is by the owner or person in command of the aircraft, such aircraft shall be subject to lien for the penalty: Provided, That this subsection shall not apply to a violation of a rule or regulation of the Postmaster General. CRIMINAL PENALTIES General SEc. 902. [72 Stat. 784, as amended by 75 Stat. 466, 76 Stat. 150, 76 Stat. 921. 49 U.S.C. 1472] (a) Any person who knowingly and willfully violates any provision of this Act (except titles III, V, VI, VII, and XII), or any order, rule, or regulation issued by the Admin- istrator or by the Board under any such provision or any term, con- dition, or limitation of any certificate or permit issued under title IV, for which no penalty is otherwise provided in this section or in section 904, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject for the first offense to a fine of not more than PAGENO="1549" AIR LAWS AND TREATIES OF THE WORLD 2949 [~9O2] $500, and for any subsequent offense to a fine of not more than $2,000. If such violation is a continuing one, each day of such violation shall constitute a separate offense. Forgery of Certificates and False Marking of Aircraft (b) Any person who knowingly and willfully forges, counterfeits, alters, or falsely makes any certificate authorized to be issued under this Act, or knowingly uses or attempts to use any such fraudulent certifi- cate, and any person who knowingly and willfully displays or causes to be displayed on any aircraft, any marks that are false or mislead- ing as to the nationality or registration of the aircraft, shall be subject to a fine of iiot exceeding $1,000 or to imprisonment not~ exceeding three years, or to both such fine and imprisonment. Interference `With Air Navigation (c) A person shall be subject to a fine of not exceeding $5,000 or to imprisonment not exceeding five years, or to both such fine and im- prisonment, who- (1) with intent to interfere with air navigation within the United States, exhibits within the United States any light or si~na1 at such place or in such manner that it is likely to be mistaken for a true light or signal established pursuant to this Act, or for a true light or signal in connection with an airport or other air navigation facility; or (2) after due warning by the Administrator, continues to maintain any misleading light or signal; or (3) knowingly removes, extinguishes, or interferes with the operation of any such true light or signal. Granting Rebates (d) Any air carrier, foreign air carrier, or ticket agent, or any officer, agent, employee, or representative thereof, who shall, know- ingly and willfully, offer, grant, or give, or cause to be offered, granted, or given, any rebate or other concession in violation of the provisions of this Act, or who, by any device or means, shall, knowingly and willfully, assist, or shall willingly suffer or permit, any person to obtain transportation or services subjec.t to this Act at less than the rates, fares, or charges lawfully in effect, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject for each offense to a fine of not less than $100 and not more than $5,000. Failure to File Reports; Falsification of Records (e) Any air carrier, or any officer, agent, employee, or representa- tive thereof, who shall, knowingly and willfully, fail or refuse to make a report to the Board or Administrator as required by this Act, or to keep or preserve accounts, records, and memoranda in the form and manner prescribed or approved by the Board or Administrator, or shall, knowingly and willfully, falsify, mutilate, or alter any such report, account~, record, or memorandum, or shall knowingly and willfully file any false report, account, record, or memorandum, shall PAGENO="1550" 2950 AIl~ 1\W~\NI) TI~RA'F1F~ OF THE WORLD [~9O2] be deemed guilty of a misdemeanor and, upon conviction thereof, be subject for each offense to a fine of not less than $100 and not more than $5,000. Divulging Information (f) If the Administrator or any member of the Board, or any officer or employee of either, shall knowingly and willfully divulge any fact or information which may come to his knowledge during the course of an examination of the accounts, records, and memoranda of any air carrier, or which is withheld from public disclosure under section 1104, except as he may be directed by the Administrator or the Board in the case of information ordered to be withheld by either, or by a court of competent jurisdiction or a judge thereof, he shall upon con- viction thereof be subject for each offense to a fine of not more than $5,000 or imprisonment for not more than two years, or both: Pro- aided, That nothing in this section shall authorize the withholding of information by the Administrator or Board from the duly authorized committees of the Congress. Refusal to Testify (g) Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, or doc- uments, if in his power to do so, in obedience to the subpena or lawful requirement of the Board or Administrator, shall be guilty of a mis- demeanor and, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $5,000, or imprisonment for not more than one year, or both. Transportation of Explosives and Other Dangerous Articles6 (hi) (1) Any person who knowingly delivers or causes to be deliv- ered to an air carrier or to the operator of any civil aircraft for transportation in air commerce, or who causes the transportation in air commerce of, any shipment, baggage, or property, the transpor- tation of which would be prohibited by any rule, regulation, or re- quirement prescribed by the Administrator under title VI of this Act, relating to the transportation, packing, marking, or description of explosives or other dangerous articles shall, upon conviction thereof for each such offense, be subject to a fine of not more than $1,000, or to imprisonment not exceeding one year, or to both such fine and imprisonment: Procided, That when death or bodily injury of any person results from an offense punishable under this subsection, the person or persons convicted thereof shall, in lieu of the foregoing penalty, be subject to a fine of not more than $10,000 or to imprison- ment not exceeding ten years, or to both such fine and imprisonment. (2) In the exercise of his authority under title VI of this Act, the Administrator may provide by regulation for the application in whole or in part of the rules or regulations of the Interstate Commerce Commission (including future amendments and additions thereto) relating to the transportation, packing, marking, or description of 6 See also the Act of July 14, 1956, 70 Stat. 538, post, p. -, which amends Title 18, U.S.C., to provide penalties for the willful damaging or destroying of aircraft or motor vehicles, and their facilities. PAGENO="1551" .\II~ T~AW~ ;~NI) I'!~I..\'1' I I1~ ~I'I~ I II~ W( )I~LI) 2951 [~9O2) explosives or other dangerous articles for surface transportation, to the shipment and carriage by air of such articles. Such applicability may be terminated by the Administrator at. any time. While so made applicable, any such rule or regulation, or part thereof, of the Inter- state Commerce Commission shall for the purposes of this Act be deemed to be a regulation of the Administrator prescribed under title VI. Aircraft Piracy (i) (1) Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished- (A) by death if the verdict of the jury shall so recommend, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order; or (B) by imprisonment, for not less than twenty years, if the death penalty is not imposed. (2) As used in this subsectionS the term "aircraft piracy" means any seizure or exercise of controL by force or violence or threat of force or violence and with wrongful intent, of an aircraft in flight in air commerce. Interference `With Flight Crew Members or Flight Attendants (j) `Whoever, while aboard an aircraft in flight, in air commerce, assaults, intimidates, Or threatens any flight crew member or flight attendant (including any steward or stewardess) of such aircraft, so as to interfere with the performance by such member or attendant of his duties or lessen the ability of such member or attendant to perform his duties, shall be fined not. more than $10,000 or imprisoned not more than twenty years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be imprisoned for any term of years or for life. Certain Crimes Aboard Aircraft in Flight (k) (1) `Whoever, while aboard an aircraft. in flight, in air com- merce, commits an act which, if committed within the special mari- time and territorial jurisdiction of the United States, as defined in section 7 of t.itle 18, United States Code, would be in violation of sec- tion 113, 114, 661, 662, 1111, 1112. 1113, 2031, 2032, or 2111 of such title 18 shall be punished as provided therein. (2) `Whoever, while aboard an aircraft in flight, in air commerce, commits an a.ct, which, if committed in the District, of Columbia would be in violation of section 9 of the Act. entitled "An Act for the preservation of the public peace and the protection of property within the District of Columbia," approved July 29, l~92, as amended (D.C. Code, sec. 22-1112), shall be punished as provided therein. Carrying Weapons Aboard Aircraft (1) Except for law enforcement officers of any municipal or State government, or t.he Federal Government, who are authorized or re- quired to carry arms, and except for such other persons as may be so PAGENO="1552" 2952 AI1~ LAWS AND TREATIES OF THE WORLD [~9O3] authorized under regulations issued by the Administrator, whoever, while aboard an aircraft being operated by an air carrier in air trans- portation, has on or about his person a concealed deadly or dangerous weapon, or whoever attempts to board such an aircraft while having on or about his person a concealed deadly or dangerous weapon, shall be fined not more than $1,000 or imprisoned not more than one year, or both. False Information (m) (1) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by subsection (i), (j), (k), or (1) of this section, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (2) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be im- parted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by subsec- tion (i), (j), (k), or (1) of this section, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Investigations by Federal Bureau of Investigation (n) Violations of subsections (i) through (m), inclusive, of this section shall be investigated by the Federal Bureau of Investigation of the Department of Justice. Interference With Aircraft Accident Investigation (o) Any person who knowingly and without authority removes, conceals, or withholds any part of a civil aircraft involved in an acci- dent, or any property which was aboard such aircraft at the time of the accident, shall be subject to a fine of no less than $100 nor more than $5,000, or imprisonment for not more than one year, or both. V~NtE AND PRO~.CUTION OF OFFENS~8 Venue SEC. 903. [7~ Stat. 786, a~ amended by 76 Stat. 467, 49 U.S.C. 147~] (a) The trial of any offense under this Act shall be in the district in which such offense is committed; or, if the offense is committed out of the jurisdiction of any particular State or district, the trial shall be in the district where the offender, or any one of two or more joint of- fenders, is arrested or is first brought. If such offender or offenders are not so arrested or brought into any district, an indictment or in- formation may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders or if no such residence is known the indictment or information may ie filed in the District of Columbia. Whenever the offense is begun in one jurisdic- tion and completed in another, or committed in more than one juris- diction, it may be dealt with, inquired of, tried, determined, and PAGENO="1553" AlE LAWS AND THI:ATIE~ OF THE WOELD 2953 [~ 904] punished in any jurisdiction in which such offense was begun, con- tinued, or completed, in the same manner as if the offense had been actually and wholly committed therein. Procedure in Respect of Civil Penalties (b) (1) Any civil penalty imposed under this Act may be collected by proceedings in personam against the person subject to the penalty and, in case the penalty is a lien, by proceedings in rem against the `aircraft, or by either method alone. Such proceedings shall conform ~s nearly as may be to civil suits in admiralty, except that either party friay demand trial by jury of any issue of fact, if the value in contro- versy exceeds $20, and the facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. (2) Any aircraft subject to such lien may be summarily seized by and placed in the custody of such persons as the Board or Adminis- trator may by regulation prescribe, and a report of the cause shall thereupon be transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or notify the Board or Administrator of his failure to so act. (3) The aircraft shall be released from such custody upon payment of the penalty or the amount agreed upon in compromise; or seizure in pursuance of process of any court in proceedings in rem for en- forcement of the lien, or notification by the United States attorney of failure to institute such proceedings; or deposit of a bond in such amount and with such sureties as the Board or Administrator may prescribe, conditioned upon the payment of the penalty or the amount agreed upon in compromise. (4) The Supreme Court of the United States, and under its direction other courts of the United States, may prescribe rules regulating such proceedings in any particular not provided by law. VIOLATIONS OF SECTION 1109 SEC. 904. [72 Stat. 787~ 49 U.S.C. 1474] (a) Any person who (1) violates any entry or clearance regulation made under section 1109(c) of this Act, or (2) any immigration regulations made under such section, shall be subject to a civil penalty of $500 which may be remitted or mitigated by the Secretary of the Treasury, or the Attorney General, respectively, in accordance with such proceedings as the Sec- retary or Attorney General shall by regulation prescribe Any person violating any customs regulation made under section 1109(b) of this Act, or any provision of the customs or public-health laws or regu- lations thereunder made applicable to aircraft by regulation under such section shall be subject to a civil penalty of $500, and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture as provided for in such customs laws, which penalty and forfeiture may be remitted or mitigated by the Secretary of the Treasury. In case the violation is by the owner or person in command 39-737 0-65-vol. II--98 PAGENO="1554" 2954 xiu ~ :\ND TcF:vrIF:~ OF THE WORLD [~ 1001] of the aircraft, the penalty shall be a lien against the aircraft. Any person violating any provision of the laws and regulations relating to animal and plant quarantine made applicable to civil air navigation by regulation in accordance with section 1109(d) of this Act shall be subject t.o the same penalties as those provided by the said laws for violations thereof. Any civil penalty imposed under this section may be collected by proceedings in personam against the person subject to the penalty and/or in case the penalty is a lien, by proceedings in rem against the aircraft. Such proceedings shall conform as nearly as may be to civil suits in admiralty; except that either party may demand trial by jury of any issue of fact, if the value in controversy exceeds $20. and facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States, shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to pre- scribe rules regulating such proceedings in any particular not provided by law. The determination under this section as to the remission or mitigation of a civil penalty imposed' under this section shall be final. In case libel proceedings are pending at any time during the pendency of remission or mitigation proceedings, the Secretary or Attorney General shall give notice thereof to the United States attorney prosecuting the libel proceedings. (b) Any aircraft subject to a lien for any civil penalty imposed under this section may be summarily seized by and placed in the cus- tody of such persons as the appropriate Secretary or Attorney Gen- eral may by regulation prescribe and a report of the case thereupon transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or notify the Secretary of his failure so to act. The aircraft shall be released from such custody upon (1) payment of the penalty or so much thereof as is not remitted or mitigated, (2) seizure in pursuance of process of any court in proceedings in rem for enforcement of the lien, or no- tification by the United States attorney of failure to institute such proceedings, or (3) deposit of a bond in such amount and with such sureties as the Secretary or Attorney General may prescribe, condi- tioned upon the I)aymeflt of the penalty or so much thereof as is not remitted or mitigated. TITLE X-PROCEDTJRE CONDUcT OF PROCEEDINGS SEc. 1001. [72 Stat. 788,49 U.S.C. 1481] The Board and the Admin- i~trator, subject to the provisions of this Act and the Administrative Procedure Act, may conduct their proceedings in such manner as will be conducive to the proper dispatch of business and to the ends of justice. No member of the Board or Agency shall participate in any hearing or proceeding in which he has a pecuniary interest. Any per- son may appear before the Board or Agency and be heard in person or by attorney. The Board, in its discretion, may enter its appearance PAGENO="1555" AIR LA~V~ AND TRT~.~T II~ OF THF WORLD 2955 [~ 1002] and participate as an interested party in any proceeding conducted by the Admimstrator under title III of this Act, and in any proceeding conducted by the Administrator under title VI of this Act from which no appeal is provided to the Board. Every vote and official act of the Board and the Agency shall be entered of record, and the proceedings thereof shall be open to the public upon request of any interested party, unless the Board or the Administrator determines that secrecy is requisite on grounds of national defense. COMPLAINTS TO AND INVESTIGATIONS BY THE ADMINISTRATOR AND THE BOARD Filing of Complaints Authorized SEC. 1002. [72 Stat. 788, 4.9 U.S.C. 1482] (a) Any person may file with the Administrator or the Board, as to matters within their respec- tive jurisdictions, a complaint in writing with respect to anything done or omitted to be done by any person in contravention of any provisions of this Act, or of any requirement established pursuant thereto. If the person complained against shall not satisfy the complaint, and there shall appear to be any reasonable ground for investigating the com- plaint, it shall be the duty of the Administrator or the Board to inves- tigate the matters complained of. `Whenever the Administrator or the Board is of the opinion that any complaint does not state facts which warrant an investigation or action, such complaint may be dismissed without hearing. In the case of complaints against a member of the Armed Forces of the United States acting in the performance of his official duties, the Administrator or the Board, as the case may be, shall refer the complaint to the Secretary of the department concerned for action. The Secretary shall, wit.hin ninety days after receiving such a complaint, inform the Administrator or the Board of his disposition of the complaint, including a report as to any corrective or disciplinary actions taken. Investigations on Initiative of Administrator or Board (b) The Administrator or Board, with respect to matters within their respective jurisdictions, is empowered at any time to institute an investigation, on their own initiative, in any case and as to any matter or thing within their respective jurisdictions, concerning which complaint is authorized to be made to or before the Administrator or Board by any provision of this Act, or concerning which any ques- tion may arise under any of the provisions of this Act, or relating to the enforcement of any of the provisions of this Act. The Admin- istrator or the Board shall have the same power to proceed with any investigation instituted on their own motion as though it had been appealed to by complaint. Entry of Orders for Compliance With Act (c) If the Administrator or the Board finds, after notice and hear- ing, in any investigation instituted upon complaint or upon their own initiative, with respect to matters within their jurisdiction, that any person has failed to comply with any provision of this Act or any re- PAGENO="1556" 2956 ATE LAWS A~D TREATIES OF THE WORLD [~ 10021 quirement established pursuant thereto, the Administrator or the Board shall issue an appropriate order to compel such person to com- ply therewith. Power to Prescribe Rates and Practices of Air Carriers (d) Whenever, after notice and hearing, upon complaint, or upon its own initiative, the Board shall be of the opinion that any individual or joint rate, fare, or charge demanded, charged, collected or received by any air carrier for interstate or overseas air transportation, or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the va]ue of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial, the Board shall determine and prescribe the law- ful rate, fare, or charge (or the maximum or minimum, or the maxi- mum and minimum thereof) thereafter to be demanded, charged, collected, or received, or the lawful classification, rule, regulation, or practice thereafter to be made effective: Provided, That as to rates, fares, and charges for overseas air transportation, the Board shall determine and prescribe only a just and reasonable maximum or mini- mum, or maximum and minimum rate, fare, or charge. Rule of Ratemaking (e) In exercising and performing its powers and duties with re- spect to the determination of rates for the carriage of persons or property, the Board shall take into consideration, among other factors- (1) The effect of such rates upon the movement of traffic; (2) The need in the public interest of adequate and efficient transportation of persons and property by air carriers at the lowest cost consistent with the furnishing of such service; (3) Such standards respecting the character and quality of service to be rendered by air carriers as may be prescribed by or pursuant to law; (4) The inherent advantages of transportation by aircraft; and (5) The need of each air carrier for revenue sufficient to en- able such air carrier, under honest, economical, and efficient man- agement, to provide adequate and efficient air carrier service. Removal of Discrimination in Foreign Air Transportation (f) Whenever, after notice and hearing, upon complaint, or upon its own initiative, the Board shall be of the opinion that any individ- ual or joint rate, fare, or charge demanded, charged, collected, or received by any air carrier or foreign air carrier for foreign air trans- portation, or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, is or will be unjustly discriminatory, or unduly preferential, or unduly prejudicial, the Board may alter the same to the extent necessary to correct such discrimination, preference, or prejudice and make an order that the air carrier or foreign air carrier shall discontinue de- manding, charging, collecting, or receiving any such discriminatory, PAGENO="1557" AIR LAWS AND TRI;ATIF:~ OF TIlE WORLD 2957 t~ 1002] preferential, or prejudicial rate, fare, or charge or enforcing any such discriminatory, preferential, or prejudicial classification, rule, regulation, or practice. Suspension of Rates (g) Whenever any air carrier shall file with the Board a tariff stat- ing a new individual or joint (between air carriers) rate, fare, or charge for interstate or overseas air transportation or any classifica- tion, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Board is empowered, upon complaint or upon its own initiative., at once, and, if it so orders, with- out answer or other formal pleading by the air carrier, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare, or charge, or such classification, rule, regulation, or practice; and pending such hearing and the decision thereon, the Board, by filing with such tariff, and delivering to the air carrier affected thereby, a statement in writing of its reasons for such sus- pension, may suspend the operation of such tariff and defer t.he use of such rate, fare, or charge, or such classification, rule, regulation, or practice, for a period of ninety days, and, if the proceeding has not been concluded and a final order made within such period, the Board may, from time to time, extend the period of suspension, but not for a longer period in the aggregate than one hundred and ei~ht.y days beyond the time when such tariff would otherwise go into e~ect; and, after hearing, whether completed before or after the rate, fare, charge, classification, rule, regulatIon, or practice goes into effect., the Board may make such order with reference thereto as would be proper ir~ a proceeding instituted after such rate, fare~ charge, classification, rule, regulation, or practice had become effective. If the proceeding has not been concluded and an order made within t.he period of suspension, the proposed rate, fare, charge, classification, rule, regulation, or practice shall go into effect at the end of such period: Provided, That this subsection shall not apply to any initial tariff filed by any air carrier. Power to Prescribe Divisions of Rates (h) Whenever, after notice and hearing, upon complaint or upon its own initiative, the Board is of the opinion that the divisions of joint rates, fares, or charges for air transportation are or will be un- just, unreasonable, inequitable, or unduly preferential or prejudicial as between the air carriers or foreign air carriers parties thereto, the Board shall prescribe the just, reasonable., and equitable divisions thereof to be received by the several air carriers. The Board may require the adjustment of divisions between such air carriers from the date of filing the complaint or entry of order of investigation, or such other date subsequent thereto as the Board finds to be just, reason- able, and equitable. Power to Establish Through Air Transportation Service (i) The Board shall, whenever required by the public convenience and necessity, after notice and hearing, upon complaint or upon its own initiative, establish through service and joint rates, fares, or PAGENO="1558" 2958 ~ii i~ws ~ TEL\TTE~ OF THE WORLD [~ 1003] charges (or the maxima or minima, or the maxima and minima thereof) for interstate or overseas air transportation, or the classifi- cations, rules, regulations, or practices affecting such rates, fares, or charges, or the value of the service thereunder, and the terms and conditions under which such through service shall be operated: Pro- vided, That as to joint rates, fares, and charges for overseas air transportation the Board shall determine and prescribe only just and reasonable maximum or minimum or maximum and minimum joint rates, fares, or charges. JOINT BOARDS Designation of Boards SEC. 1003. [72 Stat. 791, 49 U.S.C. 1483] (a) The Board and the Interstate Commerce Commission shall direct their respective chair- men to designate, from time to time, a like number of members of each to act as a joint board to consider and pass upon matters referred to such board as provided in subsection (c) of this section. Through Service and Joint Rates (b) Air carriers may establish reasonable through service and joint rates, fares, and charges with other common carriers; except that with respect to transportation of property, air carriers not directly engaged in the operation of aircraft in air transportation (other than com- panies engaged in the air express business) may not establish joint rates or charges, under the provisions of this subsection, with common carriers subject to the Interstate Commerce Act. In case of through service by air carriers and common carriers subject to the Interstate Commerce Act, it shall be the duty of the carriers parties thereto to establish just and reasonable rates, fares, or charges and just and reasonable ci assi fic ations, rules, regulations, and practices affecting such rates, fares. dr charges, or the value of the service thereunder, and if joint rates, fares, or charges shall have been established with re- spect to such through service, just, reasonable, and equitable divisions of such joint rates, fares, or charges as between the carriers partici- pating therein. Any air carrier, and any common carrier subject to the Interstate Commerce Act, which is participating in such through service and joint rates, fares, or charges, shall include in its tariffs, filed with the Civil Aeronautics Board or the Interstate Commerce Commission, as the case may be, a statement showing such through service and joint rates, fares, or charges. Jurisdiction of Boards (c) Matters relating to such through service and joint rates, fares, or charges may be referred by the Board or the Interstate Commerce Commission, upon complaint or upon its own initiative, to a joint board created as provided in subsection (a). Complaints may be made to the Interstate Commerce Commission or the Board with re- spect to any matter which may be referred to a joint board under this subsection. PAGENO="1559" \11~ L.\\V~ ~\\I) II~F\I ii:~ )I~l TI1 WH1~LI) 2959 [~ 1004] Power of Boards (d) With respect to matters referred to any joint board as provided in subsection (c), if such board finds, after notice and hearing, that any such joint rate, fare, or charge, or classification, rule, regulation, or practice, affecting such joint rate, fare, or charge or the value of the service thereunder is or will be unjust, unreasonable, unjustly discriminatory, or unduly preferential or prejudicial, or that any division of any such joint rate, fare, or charge, is or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto, it is authorized and directed to take the same action with respect thereto as the Board is empowered to take with respect to any joint rate, fare, or charge, between air car- riers, or any divisions thereof, or any classification, rule, regulation, or practice affecting such joint rate, fare, or charge or the value of the service thereunder. Judicial Enforcement and Review (e) Orders of the joint boards shall be enforceable and reviewable as provided in this Act with respect to orders of the Board. ZVm~NcE - Power to Take Evidence SEC. 1004. [72 Stat. 792, ~D U.S.C. l4iS4] (a) Any member or ex- aminer of the Board, when duly designated by the Board for such purpose, may hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States designated by the Board. In all cases heard by an examiner or a single member the Board shall hear or receive argument on request of either party. Power to Issue Subpena (b) For the purposes of this Act the Board shall have the power to require by subpena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under investigation. Witnesses summoned before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Enforcement of Subpena (c) The attendance of witnesses, and the production of books, papers, and documents, may be required from any place in the United States, at any designated place of hearing. In case of disobedience to a subpena, the Board, or any party to a proceeding before the Board, may invoke the aid of any court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this section. PAGENO="1560" 2960 AIR LAWS AND TIIEATIES OF THE WORLD [~1OO4] Contempt (d) Any court of the United States within the jurisdiction of which an inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Board (and produce books, papers, or documents if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Deposition (e) The Board may order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Board and having power to administer oaths. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Board, as hereinbefore provided. Method of Taking Depositions (f) Every person deposing as herein provided shall be cautioned and shall be required to swear (or affirm, if he so requests) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. All depositions shall be promptly filed with the Board. Foreign Depositions (g) If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken, pro- vided the laws of the foreign country so permit, by a consular officer or other person commissioned by the Board, or agreed upon by the parties by stipulation in writing to be filed with the Board, or may be taken under letters rogatory issued by a court of competent juris- diction at the request of the Board. Fees (h) Witnesses whose depositions are taken as authorized in this Act, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States: Provided, That with respect to commissions or letters roga- tory issued at the initiative of the Board, executed in foreign coun- tries, the Board shall pay such fees, charges, or expenses incidental thereto as may be found necessary, in accordance with regulations on the subject to be prescribed by the Board. PAGENO="1561" AIR LAWS AND TREATIES OF THE WORLD 2961 [~ 1005] Compelling Testimony (1) No person shall be excused from attending and testifying, or from producing books, papers, or documents before the Board, or in obedience to the subpena of the Board, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged viola- tion of this Act, or of any rule, regulation, requirement, or order there- under, or any term, condition, or limitation of any certificate or per- mit, on the ground, or for the reason, that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on ac- count of any transaction, matter, or thing concerning which he is com- pelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. ORDERS, NOTICES, AND SERVICE Effective Date of Orders; Emergency Orders SEC. 1005. [72 Stat. 794, as amended by 73 Stat. 427, 49 U.S.C. 1485] (a) Except as otherwise provided in t.his Act, all orders, rules, and regulations of the Board or the Administrator shall take effect within such reasonable time as the Board or Administrator may pre- scribe, and shall continue in force until their further order, rule, or regulation, or for a specified period of time, as shall be prescribed in the order, rule, or regulation: Provided, That whenever the Ad- ministrator is of the opinion that an emergency requiring immediate action exists in respect of safety in air commerce, the Administrator is authorized, either upon complaint or his own initiative without com- plaint, at once, if he so orders, without answer or other form of pleading by the interested person or persons, and with or without notice, hearing, or the making or filing of a report, to make such just and reasonable orders, rules, or regulations, as may be essential in the interest of safety in air commerce to meet such emergency: Pro- `vided further, That the Administrator shall immediately initiate proceedings relating to the matters embraced in any such order, rule, or regulation, and shall, insofar as practicable, give preference to such proceedings over all ot.hers under this Act. Designation of Agent for Service (b) It shall be the duty of every air carrier and foreign air carrier to designate in writing an agent upon whom service of all notices and process and all orders, decisions, and requirements of the Board and the Administrator may be made for and on behalf of said carrier, and to file such designation with the Administrator and in the office of the secretary of the Board, which designation may from time to time be changed by like writing similarly filed. Service of all notices and process and orders, decisions, and requirements of the Adminis- trator or the Board may be made upon such carrier by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon such carrier, and in default of PAGENO="1562" 2962 AIli LAWS AND TREATIES OF THE WORLD {~ 100611 such designation of such agent, service of any notice or other process in any proceedings before said Administrator or Board or of any order, decision, or requirements of the Administrator or Board, may be made by posting such notice, process, order, requirement, or decision in the office of the Administrator or with the secretary of the Board. Other Methods of Service (c) Service of notices, processes, orders, rules, and regulations upon any person may be made by personal service, or upon an agent designated in writing for the purpose, or by registered or certified mail addressed to such person or agent. Whenever service is made by registered or certified mail, the date of mailing shall be considered as the time when service is made. Suspension or Modification of Order (d) Except as otherwise provided in this Act, the Administrator or the Board is empowered to suspend or modify their orders upon such notice and in such maimer as they shall deem proper. Compliance with Order Required (e) It shall be the duty of every person subject to this Act, and its agents aiid employees, to observe an(l comply with any order, rule, regulation, or certificate issued by the Administrator or the Board under this Act affecting such person so long as the same shall remain in effect. Form and Service of Orders (f) Every order of the Administrator or the Board shall set forth the findings of fact upon which it is based, and shall be served upon the parties to the proceeding and the persons affected by such order. ~TCDICIAL REVIEW OF ORDERS Orders of Board and Administrator subject to Review Si:c. 1000. [~2 ~ ~95. ~`s amcialed 1~i 74 Stat. 255. 75 Stat. 497, 49 U.S.C. 1486] (a~ An order, affirmative or negative, issued by the Board or Administrator under this Act, except any order in respect of any foreign air carrier subject to the approval of the President as provided in section SOl of this Act, shall be subject to review by the courts of appeals of the 11 nited States or the United States Court of Appeals for tl~e District of Colurnhia~ upon pe.tition, filed within sixty days after the entry of such order, by any person disclosing a substan- tial interest in such order. After the expiration of said sixty days a petition may he 01cc! only by leave of court upon a showing of rea- sonable grounds for failure to file the petition theretof.ore. Venue (b) A petition under this seciiion shall be filed in the court for the circuit wherein the petitioner resides or has his principal place of business or in the United States Court of Appeals for the District of Columbia. PAGENO="1563" AIR LAWS AND TREATIES OF THE WOULD 2963 [~ 1007] Notice to Board or Administrator; Filing of Transcript *(c) A copy of the petition shall, upon filing, be forthwith trans- mitted to the Board or Administrator by the clerk of the court, and the Board or Administrator shaH thereupon file in the court the record, if any, upon which the order complained of was entered, as provided in section 2112 of title 28, United States Code. Power of Court (d) Upon transmittal of the petition to the Board or Adininis- trator, the court shaH have exclusive jurisdiction to affirm, modify, or set aside the order complained of, in whole or in part, and if need be, to order further proceedings by the Board or Administrator. Upon good cause shown and after reasonable notice to the Board or Adminis- trator, interlocutory relief may be granted by stay of the order or by such mandatory or other relief as may be appropriate. Findings of Fact Conclusive (e) The findings of facts by the Board or Administrator, if sup- ported by substantial evidence, shall be conclusive. No objection to an order of the Board or Administrator shall be considered by the court unless such objection shall have been urged before the Board or Administrator or, if it was not so urged, unless there were reasonable grounds for failure to do so. Certification or Certiorari (f) The judgment and decree of the court affirming, modifyino~, or setting aside any such order of the Board or Adminstrator shaTl be subject only to review by the Supreme Court of the United States upon certification or certiorari as provided in section 1254 of title 28, United States Code. JUDICIAL ENFORCEMENT Jurisdiction of Court SEc. 1007. [72 Stat. 796, 4.9 U.S.C. 1487] (a) If any person violates any provision of this Act, or any rule, regulation, require- ment, or order thereunder, or any term, condition, or limitation of any certificate or permit issued under this Act, the Board or Admin- strator, as the case may be, their duly authorized agents, or, in the case of a violation of section 401(a) of this Act, any party in interest may apply to the district court of the United States, for any district wherein such person carries on his business or wherein the violation occurred, for the enforcement of such provision of this Act, or of such rule, regulation, requirement, order2 term, condition, or limita- tion; and such court shall have jurisdiction to enforce obedience thereto by a writ of injunction or other process, mandatory or other- wise, restraining such person, his officers, agents, employees, and representatives, from further violation of such provision of this Act or of such rule, regulation, requirement, order, term, condition, or limitation, and requiring their obedience thereto. PAGENO="1564" 2964 AIR LAWS AND TREATIES OF THE WORLD [~ 1008-1009, 1101-1102] Application for Enforcement (b) TJpon the request of the Board or Administrator, any district attorney of the United States to whom the Board or Adminstrator may apply is authorized to institute in the proper court and to prose- cute under the direction of the Attorney General all necessary pro- ceedings for the enforcement of the provisions of this Act or any rule, regulation, requirement, or order thereunder, or any term, condition, or limitation of any certificate or permit, and for t.he punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States. PARTICIPATION IN COtTRT PROCEEDINGS SEC. 1008 [72 Stat. 796, 49 U.S.C. 1488] Upon request of the Attorney General, the Boaid or Administrator, as the case may be, shall have the right to participate in any proceeding in court under the provisions of this Act. JOINDER OF PARTIES SEC. 1009. [72 Stat. 796, 49 U.S.C. 1489] In any proceeding for the enforcement of the provisions of this Act., or any rule, regulation, requirement, or order thereunder, or any term, condition, or limita- tion of any certificate or permit., whether such proceedings be in- stituted before the Board or be begun originally in any court of the United States, it shall be lawful to include as parties, or to permit the intervention of, all persons interested in or affected by the matter under consideration; and inquiries, investigations, orders, and decrees may be made with reference to all such parties in tile same manner, to the same extent, and subject to the same provisions of law as they may be made with respect to the persons primarily concerned. TITLE XI-MISCELLANEOUS HAZARDS TO AIR COMMERCE' SEC. 1101. [72 Stat. 797, 49 U.S.C. 1501] The Administrator shall, by rules and regulations, or by order where necessary, require all per- sons to give adequate public notice, in the form and manner prescribed by tile Administrator, of the construction or alternation, or of the pro- posed construction or alteration, of any structure where notice will promote safety in air commerce. INTERNATIONAL AGREEMENTS SEC. 1102. [72 Stat. 797, 49 U.S.C. 1502] In exercising and per- forming their powers and duties under this Act, the Board and the Administrator shall do so consistently with any obligation assumed by the United States in any treaty, convention, or agreement that may be in force between the United States and any foreign country or for- `Section 303(q) of the Federal Communications Act of 1934 48 Stat. 1082, 47 U.S.C. 303(q) provIdes that "Except as otherwise provided in this Act, the Commission from time to time, as public convenience, Interest, or necessity requires, shall- have authority to require the painting and/or illumination of radio towers if and when In ita judgment such towers constitute, or there is a reasonable possIbIlity that they may con. stitute, a menace to air navigation." PAGENO="1565" AIR LAWS AXD TREATIES OF THE WORLD 2965 [~ 1103-1105] eign countries, and shall take into consideration any applicable laws and requirements of foreign countries and the Board shall not, in exercising and performing its powers and duties with respect to cer- tificates of convenience and necessity, restrict compliance by any air carrier with any obligation, duty, or liability imposed by any foreign country: Provided, That this section shall not apply to any obliga- tion, duty, or liability arising out of a contract or other agreement, heretofore or hereafter entered into between an air carrier, or any officer or representative thereof, and any foreign country, if such con- tract or agreement is disapproved by the Board as being contrary to the public interest. NATURE AND USE OF DOCUMENTS FILED SEC. 1103. [72 Stat. 797, 49 U.S.C. 1503] The copies of tariffs and of all contracts, agreements, understandings, and arrangements filed with the Board as herein provided, and the statistics, tables, and figures contained in the annual or other reports of air carriers and other persons made to the Board as required under the provisions of this Act shall be preserved as public records (except as otherwise pro- vided in this Act) in the custody of the secretary of the Board, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Board and in all judicial proceedings; and copies of, and extracts from, any of such tariffs, con- tracts, agreements, understandings, arrangements, or reports, certified by the secretary of the Board, under the seal of the Board, shall be received in evidence with like effect as the originals. WITHHOLDING OF INFORMATION SEC. 1104. [72 Stat. 797, 49 U.S.C. 1504] Any person may make written objection to the public disclosure of information contained in any application, report, or document filed pursuant to the provisions of this Act or of information obtained by the Board or the Admin- istrator, pursuant to the provisions of this Act, stating the grounds for such objection. `Whenever such objection is made, the Board or Administrator shall order such information withheld from public disclosure when, in their judgment, a disclosure of such information would adversely affect the interests of such person and is not required in the interest of the public. The Board or Administrator shall be responsible for classified information in accordance with appropriate law: Provided, That nothing in this section shall authorize the with- holding of information by the Board or Administrator from the duly authorized committees of the Congress. COOPERATION WITH GOVERNMENT AGENCIES SEC. 1105. [7~ Stat. 798, as amended by 76 Stat. 921. 49 U.S.C. 1505] The Board and the Administrator may avail themselves of the assistance of the National Aeronautics and Space Administration and any research or technical agency of the United States on matters relating to aircraft fuel and oil and to the design, materials, workman- ship, construction, performance, maintenance, and operation of air- craft, aircraft engines, propellers, appliances, and air navigation PAGENO="1566" 2966 UH Laws \\D TRI:ATIFTS H FT WORLD [~ 1106-1108] facilities. The Board may avail itself of the assistance of the Federal Bureau of investigation and of any investigatory or intelligence agency of tue Fuited States in the investigation of the activities of any per~o!I in connection with an aircraft accident. The Board may avail itself of the l~1~tance of any medical agency of the United States in the conduct of ~uu1i autopsies or tests on the remains of deceased persons aboard the airereft at the time of the accident who die as a result of the accident, as may be necessary to aid the Board in the investigation of an aircraft accident. Each such agency is authorized to conduct such scientific and technical researches, investigations, and tests as may be necessary to aid the Board and Administrator in the exercise and performance of their powers and duties. Nothing con- tamed in this Act shall be construed to authorize the duplication of the laboratory research activities of any existing governmental agency. REMEDIES NOT EXCLUSIVE SEC. 1106. [ 7t? Stat. 798, 49 U.S.C. 1506] Nothing contained in this Act shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addi- tion to such remedies. PUBLIC USE OF FACILITIES SEC. 1107. [72 Stat. 798, 49 U.S.C. 1507] (a) Air navigation facili- ties owned or operated by the United States may be made available for public use under such conditions and to such extent as the head of the department or other agency having jurisdiction thereof deems advisable and may by regulation prescribe. (b) The head of any Government department or other agency hav- ing ]urisdiction over any airport or emergency landing field owned or operated by the United States may provide for the sale to any aircraft~ of fuel, oil. equipment. and supplies, and the furnishing to it of mechanical service, temporary shelter, and other assistance under such regulations as the head of the department or agency may pre- scribe. but only if such action is by reason of an emergency necessary to the continuance of such aircraft on its course t.o the nearest airport operated by private enterprise. All such articles shall be sold and such assistance furnished at the fair market value prevailing locally as ascertained by the head of such department or agency. All amounts received under this subsection shall be covered into the Treasury; but that part of such amounts which, in the judgment of the head of the department or agency, is equivalent to the cost of the fuel, oil, equip- ment, supplies, services, shelter, or other assistance so sold or fur- nished shall be credited to the appropriation from which such cost was paid. and the balance, if any, shall be credited to miscellaneous receipt.s. FOREIGN Afl~CRAFT SEC. 1108. [72 Stat. 798, 41) U.S.C. 1508] (a) The United States of America is hereby declared to possess and exercise complete and ex- clusive national sovereignty in the airspace of the United States, in- cluding the airspace above all inland waters and the airspace above those portions of the adjacent marginal high seas, bays, and lakes, over PAGENO="1567" All~ LAWS A\D TIILAT ii:s ui Till: WORLI) 2967 [~ 1109] which by international law or treaty or convention the United States exercises national jurisdiction. Aircraft of the armed forces of any foreign nation shall not. be navigated in the United States, including the Canal Zoiie, except in accordance with an authorization granted by the Secretary of State. (b) Foreign aircraft, which are not a part of the armed forces of a foreign nation, may be navigated in the United States by airmen hold- ing certificates or licenses issued or rendered valid by the United States or by the nation in which the aircraft. is registered if such for- eign nation grants a similar privilege with respect to aircraft of the United States and only if such navigation is authorized by permit, order, or regulation issued by the Board hereunder, and in accordance with the terms, conditions, and limitations thereof. The Board shall issue such permits, orders, or regulations to such extent only as it shall find such action to be in the interest of the public: Provided, however, That in exercising its powers hereunder, the Board shall do so con- sistently with any treaty, convention, or agreement which may be in force between the United States and any foreign country or countries. Foreign civil aircraft permitted to navigate in the United States under this subsection may be authorized by the Board to engage in air commerce within the United States except that they shall not take on at any point within the United States, persons, property, or mail car- ried for compensation or hire and destined for another point within the United States. Nothing contained in this subsection (b) shall be deemed to limit, modify, or amend section 402 of this Act, but any foreign air carrier holding a permit under said section 402 shall not be required to obtain additional authorization under this subsection with respect to any operation authorized by said permit. APPLICATION OF EXISTING LAWS RELATING TO FOREIGN COMMERCE SEC. 1109. [72 Stat. 799, a~ amended by 75 Stat. 527, 49 U.s.c. 1509] (a) Except as specifically provided in the Act entitled "An Act to authorize the President to proclaim regulations for preventing collisions at sea", approved October 11, 1951 (Public Law 172, Eighty- second Congress; 65 Stat. 406), the navigation and shipping laws of the United States, including any definition of "vessel" or "vehicle" found therein and including the rules for the prevention of collisions, shall not be construed to apply to seaplanes or other aircraft or to the navigation of vessels in relation to seaplanes or other aircraft. (b) The Secretary of the Treasury is authorized to (1) designate places in the United States as ports of ent.ry for civil aircraft arriving in the United States from any place outside thereof and for merchan- dise carried on such aircraft, (2) detail to ports of entry for civil aircraft such officers and employees of the customs service as he may deem necessary, and to confer or impose upon any officer or employee of the United States stationed at any such port~ of entry (with the consent of the head of the Government department or other agency under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the customs service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the customs laws to such extent and upon such conditions as he deems necessary. PAGENO="1568" 2968 AIR LA\V~ AXD TREATIES OF THE WORLD [~ 1110-lill, 1201] (c) The Secretary of the Treasury is authorized by regulation to provide for the application to civil aircraft of the laws and regulations relating to the entry and clearance of vessels to such extent and upon such conditions as he deems necessery. (d) The Secretary of Agriculture is authorized by regulation to provide for the application to civil air navigation of the laws and regulations related to animal and plant quarantine, including the importation, exportation, transportation, and quarantine of animals, plants, animal and plant products, insects, bacterial and fungus cul- tures, viruses, and serums, to such extent and upon such conditions as he deems necessary. (e) There are authorized to be appropriated such sums as may be necessary to enable the head of any department or agency of the Fed- eral Government charged with any duty of inspection, clearance, col- lection of taxes or duties, or other similar function, with respect to persons or property moving in air commerce, to acquire such space at public airports (as defined in the Federal Airport Act) as he de- termines, after consultation with the Administrator of the Federal Aviation Agency, to be necessary for the performance of such duty. In acquiring any such space, the head of such department or agency shall act through the Administrator of General Services in accordance with the procedures established by law which are generally applica- ble to the acquisition of space to be used by departments and agencies of the Federal Government. SEC. 1110. [7~ Stat. 800, 49 U.S.C. 1510] Whenever the President determines that such action would be in the national interest, he may, to the extent, in the manner, and for such periods of time as he may consider necessary, extend the application of this Act to any areas of land or water outside of the United States and the overlying airspace thereof in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement has the necessary legal authority to take such action. AUTHORITY TO REFUSE TRANSPORTATION SEC. 1111. Subject to reasonable rules and regulations prescribed by the Administrator, any air carrier is authorized to refuse transpor- tation to a passenger or to refuse to transport property when, in the opinion of the air carrier, such transportation would or might be ini- mical to safety of flight. GEOGRAPHICAL EXTENSION OF JURISDICTION 8 TITLE XII-SECURITY PROVISIONS PURPOSE SEC. 1201. [7~ Stat. 800,4.9 U.S.C. 15.V] The purpose of this title is to establish security provisions which will encourage and permit the maximum use of the navigable airspace by civil aircraft consistent with the national security. ~ Executive Order No. 10854. PAGENO="1569" AIR LAWS AND TREATIES OF THE WORLD 2969 [~ 1202-1203, 1301-13021 SECURITY CONTROL OF AIR TRAFFIC SEC. 1202. [72 Stat. 800, 49 U.S.C. 1522] In the exercise of his authority under section 307(a) of this Act, the Administrator, in con- sultation with the Department of Defense, shall establish such zones or areas in the airspace of the United States as he may find necessary in the interests of national defense, and by rule, regulation, or order restrict or prohibit the flight of civil aircraft, which he cannot iden- tify, locate, and control with available facilities, within such zones or areas. PENALTIES SEC. 1203. [72 Stat. 800, 49 U.S.C. 1523] In addition to the penal- ties otherwise provided for by this Act, any person who knowingly or willfully violates any provision of this title, or any rule, regulation, or order issued thereunder shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not exceeding $10,000 or to imprisonment not exceeding one year, or to both such fine and imprisomnent. TITLE XIII*-WAR RISK INSURANCE DEFINITIONS American Aircraft SEC. 1301. [72 Stat. 800, 49 U.S.C. 1531] As used in this title- (a) The term "American aircraft" means "civil aircraft of the United States" as defined in section 101(15) of this Act, and any aircraft owned or chartered by or made available to the United States, or any department or agency thereof, or the government of any State, Territory, or possession of the United States, or any political sub- division thereof, or the District of Columbia. War Risks (b) The term "war risks" includes, to such extent as the Secretary may determine, all or any part of those risks which are described in "free of capture and seizure" clauses, or analogous clauses. Secretary (c) The term "Secretary" means the Secretary of Commerce. Insurance Company and Insurance Carrier (d) The terms "insurance company" and "insurance carrier" in sections 1305 (a) and (b) and in section 1307(d) shall include any mutual or stock insurance company, reciprocal insurance association, and any group or association authorized to do an aviation insurance business in any State of the United States. AUTHORITY TO INSURE Power of Secretary SEC. 1302. [72 Stat. 801, 49 U.S.C. 1532] (a) The Secretary, with the approval of the President, ancf after such consultation with inter- 39-737 O-65--vol. II-99 PAGENO="1570" 2970 AIR LAWS AND TREATIES OF THE WORLD [~ 1303] ested agencies of the Government as the President may reqinre, may provide insurance and reinsurance against loss or damage arising out of war risks in the mariner and to the extent provided in this title, whenever it is determined by the Secretary that such insurance ade- quate for the needs of the air commerce of the United States cannot be obtained on reasonable terms and conditions from companies au- thorized to do an insurance business in a State of the United States: Provided, That no insurance shall be issued under this title to cover war risks on persons or property engaged or transported exclusively in air commerce within the several States of the United States and the District of Columbia. Basis of Insurance (b) Any insurance or reinsurance issued under any of the pro- visions of this title shall be based, insofar as practicable, upon con- sideration of the risk involved. INSURABLE PERSONS, PROPERTY, OR INTERESTS SEc. 1303. [72 Stat. 801, 49 U.S.C. 1533] The Secretary may pro- vide the insurance and reinsurance, authorized by section 1302 with respect to the following persons, property, or interest: Aircraft (a) American aircraft, and those foreign-flag aircraft engage.d in aircraft operations deemed by the Secretary to be in the interest of the national defense or the national economy of the United States, when so engaged. Cargo (b) Cargoes transported or to be transported on any such aircraft, including shipments by express or registered mail; air cargoes owned by citizens or residents of the United States, its Territories, or posses- sions; air cargoes imported to, or exported from, the United States, its Territories, or possessions and air cargoes sold or ~purchased by citizens or residents of the United States, its Territories, or posses- sions, under contracts of sale or purchase by the terms of which the risk of loss by war risks or the obligation to provide insurance against such risks is assumed by or falls upon a citizen or resident of the United States, its Territories, or possessions; air cargoes transported between any point in the United States and any point in a Territory or possession of the. United States, between any point in any such Territory or possession and any point, in any other such Territory or possession, or between any point in any such Territory or possession and any other point in the same Territory or possession. Personal Effects and Baggage (e) The personal effects and baggage of the captains, pilots, officers, members of the crews of such aircraft, and of other persons employed or transported on such aircraft. PAGENO="1571" ATE LAWS AND TREATIES OF THE WORLI) 2971 [~ 13044305] Persons (d) Captains, pilots, officers, members of the crews of such aircraft, and other persons employed or transported thereon against loss of life, injury, or detention. Other Interests (e) Statutory or contractual obligations or other liabilities of such aircraft or of the owner or operator of such aircraft of the nature customarily covered by insurance. INStTTRANCE FOR DEPARTMENTS AND AGENCIES Exception SEc. 1304. [72 Stat. 802, 49 U.S.C. 1534] (a) Any department or agency of the United States may, with the approval of the President, procure from the Secretary any of the insurance provided under this title, except with respect to valuables covered by sections 1 and 2 of the Act of July 8, 1937 (50 Stat. 479). Indemnity Agreements (b) The Secretary is authorized with such approval to provide such insurance at the request of the Secretary of Defense, and such other agencies as the President may prescribe, without premium in con- sideration of the agreement of the Secretary of I)efense or such agency to indemnify the Secretary against all losses covered hy such Insur- ance, and the Secretary of Defense and such other agencies are au- thorized to execute such indemnity agreement with the Secretary- REINSUn4NCE Who May Be Rcinsuied SEC. 1305. [72 Stat. 802, 49 U.S.C. 1535] (a) To the extent that ha is authorized by this title to provide insurance, the Secretary may reinsure, in whole or in part, any company authorized to do an insur- ance business in any State of the TJnite~~1 States. The Secretary iuay reinsure with, or cede or retrocede to, any such company, any insur- ance or reinsurance provided by the Secretary in accordance with the provisions of this title. Rates for Reinsurance (b) Reinsurance shall not be provided by the Secretary at rates less than nor obtained by the Secretary at rates more than the. rates estab- lished by the Secretary on the same or similar rsk~ or the rates charged by the insurance carrier for the insurance so reinsured, whic1~ever is most advantageous to the Secretary, except. that the Secretary may make to the insurance carrier such allowances for ex- penses on account of the cost of services rendeved or facilities fur- nished as he deems reasonably to accord with good business practica, but such allowance to the carrier shall not provide for any payment by the carrier on account of solicitation for or stimulation of insur- ance business. PAGENO="1572" 2972 AIR LAWS AND TREATIES OF THE WORLD [~ 1306-1307] COLLECTION AND DISBURSEMENT OF F(TND8 Treasury Revolving Fund SEc. 1306. [72 Stat. 803, 4.9 U.S.C. 1536] (a) Moneys appropriated by Congress to carry out the provisions of this title and all moneys received from premiums, salvage, or other recoveries and all receipts in connection with this title shall be deposited in a revolving fund in the Treasury of the United States. Payments of return premiums, losses, settlements, judgments, and all liabilities incurred by the United States under this title shall be made from such funds through the disbursing facilities of the Treasury Department. Appropriations (b) Such sums as shall be necessary to carry out the provisions of this title are authorized to be appropriated to such fund. Revolving Fund Excess (c) At least annually, any balance in the revolving fund in excess of an amount determined by the Secretary to be necessary for the re- quirements of the fund, and for reasonable reserves to maintain the solvency of the fund shall be paid into the Treasury as miscellaneous receipts. Annual Payment of Costs (d) Annual payments shall be made by the Secretary to the Treas- ury of the United States as miscellaneous receipts by reason of costs incurred by the Government through the employment of appropri- ated funds by the Secretary in carrying out the provisions of this title. These payments shall be computed by applying to the average monthly balance of appropriated funds retained in the revolving fund a per- centage determined annually in advance by the Secretary of the Treas- ury. Such percentage shall not be less than the current average rate which the Treasury pays on its marketable obligations. Civil Service Retirement System (e) The Secretary shall contribute to the Civil Service Retirement and Disability Fund, on the basis of annual billings as determined by the Civil Service Commission, for the Government's share of the cost of the Civil Service Retirement System applicable to the employees engaged in carrying out the provisions of this title. The Secretary shall also contribute to the employees' compensation fund, on the basis of annual billings as determined by the Secretary of Labor for the benefit payments made from such fund on account of the employees engaged in carrying out the provisions of this title. The annual bill- ings shall also include a statement of the fair portion of the cost of the administration of the respective funds, which shall be paid by the Sec- retary into the Treasury as miscellaneous receipts. ADMINISTRATIVE POWERS OF SECRETARY Regulatory and Settlement SEC. 1307. [72 Stat. 808, 4.9 U.S.C. 1537] (a) The Secretary, in the administration of this title, may issue such policies, rules, and regula- PAGENO="1573" AIR LAWS AND TREATIES OF THE WORLD 2973 [~ 1307] tions as he deems proper and, subject to the following provisions of this subsection, may adjust and pay losses, compromise and settle claims, whether in favor of or against the United States and pay the amount of any judgment rendered against the United States in any suit, or the amount of any settlement agreed upon, in respect of any claim under insurance authorized by this title. In the case of any aircraft which is insured under the provisions of this title, (1) the policy shall specify a stated amount to be paid in the event of total loss, and such stated amount shall not exceed an amount determined by the Secretary, after consultation with the Civil Aeronautics Board, to represent the fair and reasonable value of the aircraft, and (2) the amount of any claim which is compromised, settled, adjusted, or paid shall in no event exceed such stated amount.. Forms, Policies, Amounts Insured, and Rates (b) The Secretary may prescribe and change forms and policies, and fix, adjust, and change the amount.s insured and rates of premium provided for in this title: Provided, That with respect to policies in effect at the time any such change is made, such change shall apply only with the consent of the insured. Manner of Administration (c) The Secretary, in administering this title, may exercise his powers, perform his duties and functions, and make his expenditures, in accordance with commercial practice in the aviation insurance busi- ness. Except as authorized in subsection (d) of this section, no insur- ance broker or other person acting in a similar intermediary capacity shall be paid any fee or other consideration by the Secretary by virtue of his participation in arranging any insurance wherein the Secretary directly insures any of the risk thereof. Employment of Aviation Insurance Companies and Agents (d) The Secretary may, and whenever he finds it practical to do so shall, employ companies or groups of companies authorized to do an aviation insurance business in any State of the United States, to act as his underwriting agent. The Secretary may allow such companies or groups of companies fair and reasonable compensation for servicing insurance written by such companies or groups of companies as under- writing agent for the Secretary. The services of such underwriting agents may be utilized in the adjustment of claims under insurance provided by this title, but no claim shall be paid unless and until it has been approved by the Secretary. Such compensation may include an allowance for expenses reasonably incured by such agent, but such allowance shall not include any payment by such agent on account of solicitation for or stimulation of insurance business. Cooperation With Other Agencies (e) The Secretary with the consent of any executive department, independent establishment, or other agency of the Government, in- cluding any field service thereof, may avail himself of the use of infor- mation, services, facilities, officers, and employees thereof in carrying out the provisions of this title. PAGENO="1574" 2974 AIR LAWS A~D TREATIES OF THE WORLD f~ 1308-1310] Budget Program and Accounts (f) The Secretary, in the performance of, and with respect to, the functions, powers, and duties vested in him by this title, shall prepare annually and submit a budget program as provided for wholly owned Government corporations by the Government Corporation Control Act, as amended (59 Stat. 591; 31 U.S.C. 841). The Secretary shall maintain an integral set of accounts which shall be audited annually by the General Accounting Office in accordance with principles and procedures applicable to commercial transactions as provided by the said Government Corporation Control Act: Pro'vided, That, because of the business activities authorized by this title, the Secretary may exercise the powers conferred in said title, perform the duties and functions, and make expenditures required in accordance with com- mercial practice in the aviation insurance business, and the General Accountmg Office shall allow credit for such expenditures when shown to be necessary because of the nature of such authorized activities. RIGHTS OF AIRMEN UNDER EXISTING LAW Src. 1308. [72 Stat. 805, 49 U.S.C. 1538] This title shall not affect rights of airmen under existing law. ANNUAL AND QUARTERLY REPORTS TO CONGRESS SEC. 1309. [72 Stat. 805,49 U.S.C. 1539] The Secretary shall include in his annual report to Congress a detailed statement of all activities and of all expenditures and receipts under this title for the period covered by such report and in addition make quarterly progress re- ports to the Congress with reference to contracts entered into, pro- posed contracts, and the general progress of his insurance activities. JUDICIAL REVIEW OF CLAIMS SEC. 1310. [72 Stat. 805, 49 U.S.C. 1540] Upon disagreement as to a loss insured under this title suit may be maintained against the United States in the United ~tates District Court for the District of Columbia or in the United States district court in and for the district in which the claimant or his agent resides, notwithstanding the amount of the claim and any provision of existing law as to the jurisdiction of United States district courts, and this remedy shall be exclusive of any other action by reason of the same subject matter against any agent or employee of the United States employed or re- tained under this title. If the claimant has no residence in the United States, suit may be brouotht in the United States District Court for the District of Columgia or in any other United States district court in which the Attorney General of the United States agrees to accept service. The procedure in such suits shall otherwise be the same as that provided for suits in the district courts by title 28, United Stntes Code, section 1343 (a) (2), so far as applicable. All persons having or claiming or who mi~ht have an interest in such insurance may be made parties either initially or upon the motion of either party. In any case where the Secretary acknowledges the indebtedness of the United States on account of such insurance, and PAGENO="1575" AIR LAWS AND TREATIES OF THE WORLD 29Th [~ 1311-1312~ 14011 there is a dispute as to the persons entitled to receive payment, the United States may bring an action in the nature of a bill of inter- pleader against such parties, in the United States District Court for the District of Columbia, or in the United States district court of the district in which any such person resides. In such actions any party, if not a resident of or found within the district, may be brought in by order of court served in such reasonable manner as the court directs. If the court is satisfied that persons unknown might assert a claim on account of such insurance, it may direct service upon such persons unknown by publication in the Federal Register. Judgment in any such suit shall discharge the United States from further liability to any parties to such action, and to all persons when service by publiea- tion upon persons unknown is directed by the court. The period within which suits may be commenced contained in said Act providing for bringing of suits against the United States shall, if claim be filed therefor within such period, be suspended from such time of filing until the claim shall have been administratively denied by the Secre- tary and for sixty days thereafter: Provided, how&ver, That such claim shall be deemed to have been administratively denied if not acted upon within six months after the time of filing, unless the Secretary for good cause shown shall have otherwise agreed with the claimant. INSURANCE OF EXCESS WITH OTHER tTNDERWRITERS SEc. 1311. [7~ Stat. 806, 49 U.S.C. 1541] A person having an in- surable interest in an aircraft may, with the approval of the Secre- tary, insure with other underwriters in an amount in excess of the amount insured with the Secretary, and, in that event the Secretary shall not be entitled to the benefit of such insurance, b~t nothing in this section shall prevent the Secretary from entering into contracts of coinsurance. TERMINATION OF TITLE SEC. 1312. [7~ Stat. 806, as amended by 75 Stat. 9~10, 49 U.S.C. 154~] The authority of the Secretary to provide insurance and reinsurance under this title shall expire at the termination of June 13, 1966. TITLE XIV-REPEALS AND AMENDMENTS REPEALS SEC. 1401. [7~ Stat. 806] (a) The Act of May 20, 1926 (Air Corn. merce Act of 1926, 44 Stat. 568), as amended, is hereby repealed. (b) The Act of June 23 1938 (Civil Aeronautics Act of 1938, 52 Stat. 973), as amended, is hereby repealed, except that the repeal by this subsection of subsections (b) and (c) of section 307 and clause (8) of section 803 of such Act shall not take effect in such manner as to impair the operation of the deferred repeal of such subsections and such clause as provided in section 21 of the Government Employees Training Act. (c) [7~ Stat. 806; 5 U.S.C. 133t note; 49 U.S.C. 486 note, 1343 note] Section 7 of Reorganization Plan Numbered III (54 Stat.~ 1233) and section 7 of Reorganization Plan Numbered IV (54 Stat.T1235-1236), PAGENO="1576" 2976 AIR LAWS AND TREATIES OF THE WORLD [~ 1402] which became effective on June 30, 1940 (54 Stat. 231), and Reorgani- zation Plan No. 10, which became effective October 1, 1953 (67 Stat. 644), are hereby repealed. No function vested in the Administrator by this Act shall hereafter be subject to the provisions of section 1(a) of Reorganization Plan No. 5 of 1950 (64 Stat. 1263). (d) The Act of August 14, 1957 (Airways Modernization Act of 1957, 71 Stat. 349), is hereby repealed.9 (e) [72 Stat. 806, 49 U.S.C. 1301 note] All other Acts or parts of Acts inconsistent with any provision of this Act are hereby repealed. AMENDMENTS TO ACTS RELATING TO AIRPORTS Act Relating to Public Airports SEC. 1402. [72Stat.806] (a) [72Stat.806,4..9U.S.C..~11 (b), (e)] The Act of May 24, 1928, as amended (45 Stat. 728), is further amended by striking out the words "Civil Aeronautics Authority" wherever they appear and inserting in lieu thereof the words "Ad- ministrator of the Federal Aviation Agency". Federal Airport Act (b) The Act of May 13, 1946, as amended (60 Stat. 170), is further amended as follows: (1) [72 Stat. 806, 49 U.S.C. 1101(a) (1)] By striking the words "Administrator of Civil Aeronautics" wherever they appear and in- serting in lieu thereof the words "Administrator of the Federal Avia- tion Agency"; (2) [72 Stat. 807,49 U.S.C. 1102(a), 1105,1116(d), (e)] By striking the word "Secretary" where it appears in sections 3(a), 6, and 17, and inserting in lieu thereof the word "Administrator"; and (3) [72 Stat. 807, 49 U.S.C. 1103, 1108 (a), (d), 1111] By striking the words "Secretary of Commerce" wherever they appear and in- serting in lieu thereof the word "Administrator". Government Surplus Airports and Equipment Act (c) [72 Stat. 807, 50 U.S.C. App. 1622(g), 1622a 1622b, 1622o] The Act of July 30, 1947 (61 Stat. 678), as amended, including the Act of October 1, 1949 (63 Stat. 700), is further amended by strik- ing the words "Administrator of Civil Aeronautics" wherever they appear and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency". Alaskan Airports Act (d) The Act of May 28, 1948, as amended (62 Stat. 277), is amended as follows: (1) [72 Stat. 807, 48 U.S.C. 485] By striking the words "Adminis- trator of Civil Aeronautics" and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency"; ~ Functions, property, etc. of Airways Modernization Board were transferred to Admin- istrator, Federal Aviation Agency on November 1, 1958 (Bxecutlve Order No. 10780, 23 Fed. Reg. 8573, p. 262). PAGENO="1577" AIR LAWS AND TREATIES OF THE WORLD 2977 [~ 1403] (2) [7~ Stat. 807,48 U.S.C. 485c] By striking the words "Civil Aero- nautics Administration" and inserting in lieu thereof the words "Federal Aviation Agency"; (3) [72 Stat. 807, 48 17.5.0. 485d] By striking the words "Secre- tary of Commerce" and inserting in lieu thereof the words "Admin- istrator of the Federal Aviation Agency". Department of Interior Airports Act (e) [72 Stat. 807,16 U.S.C. 7a] The Act of March 18, 1950 (64 Stat. 27), is amended by striking the words "Administrator of Civil Aeronautics" and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency". Washington National Airport Act (f) The Act of June 29, 1940 (54 Stat. 686), as amended, is further amended by striking out the words "Administrator of the Civil Aero- nautics Authority" in subsection (a) of section 1 and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency", and by striking out the words "Civil Aeronautics Administration" in subsection (a) of section 4 and inserting in lieu thereof the words "Federal Aviation Agency". Second Washington Airport Act (g) The Act of September 7, 1950 (64 Stat. 770), is amended by striking the word "Secretary" wherever it appears except in sub- section (c) of section 8 and inserting in lieu thereof the word "Admin- istrator"; by striking the words "Secretary of Commerce" from the first section of such Act and inserting in lieu thereof the words "Ad- ministrator of the Federal Aviation Agency"; by striking the words "Department of Commerce" wherever they appear and inserting in lieu thereof the words "Federal Aviation Agency"; and by striking subsection (c) of section 8 and inserting in lieu thereof a new sub- section as follows: "(c) The United States Park Police may, at the request of the Ad- ministrator, be assigned by the Secretary of the Interior, in his dis- cretion, to patrol any area of the airport, and any members of the United States Park Police so assigned are hereby authorized and empowered to make arrests within the limits of the airport for the same offenses and in the same manner and circumstances as are pro- vided in this section with respect to employees designated by the Administrator." AMENDMENTS TO THE INTERNATIONAL AVIATION FACILITIES ACT SEc. 1403. [72 Stat. 808, 4.9 U.S.C. 1151, 1152,1155, 1157 (a), (b), 1160] The Act of June 16, 1948 (62 Stat. 450), as amended, is further amended by striking the words "Administrator of Civil Aeronautics" and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency", and by striking the words "Civil Aeronautics Ad- ministration" and inserting in lieu thereof the words "Federal Avia- tion Agency"; by striking paragraph (1) of section 2 and renum- PAGENO="1578" 2978 AIR LAWS AND TREATIES OF THE WORLD [~ 1404-14091 bering subsequent subsections; by striking the phrase "After consultation with the Air Coordinating Committee and" from section 3; by striking the phrase "with the unanimous approval of the Air Coordinating Committee," from section 6; and by striking the sen- tence reading "Transfer of property in foreign territory shall be made hereunder only after consultation with the Air Coordinating Com- mittee." wherever it appears in section 8. AMENDMENTS TO ACT RELATING TO COAST GUARD AIDS TO NAVIGATION AND OCEAN STATIONS SEC. 1404. [72 Stat. 808,14 U.S.C. prec. 81~82 90(b)] The Act of August 4, 1949 (63 Stat. 495), as amended, is ?urther amended by striking the words "Administrator of Civil Aeronautics" wherever they appear and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency", and by striking the words "Civil Aeronautics Administration" wherever they appear a.nd inserting in lieu thereof the words "Federal Aviation Agency". AMENDMENTS TO FEDERAL EXPLOSIVES ACT SEC. 1405. [72 Stat. 808, 50 U.S.C. 123] The Act of November 24, 1942 (56 Stat. 1022), is amended by striking the words "Civil Aero- nautics Board" and inserting in lieu thereof the words "Adminis- trator of the Federal Aviation Agency". AMENDMENTS TO FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 SEC. 1406. [72 Stat. 808, 40 U.S.C. 474(14)] The Federal Prop- erty and Administrative Services Act of 1949, as amended, is further amended by striking the phrase "Administrator of Civil Aeronautics" in section 602(d) (40 U.S.C. 474(14)), and inserting in lieu thereof the phrase "Administrator of the Federal Aviation Agency". AMENDMENTS TO ACT RELATING TO PURCHASE AND MANTTFACTtIRE OF MA- TERIALS AND SUPPLIES SEC. 1407. [72 Stat. 808, 31 U.S.C. 686(a)] The Act of March 4, 1915, as amended, (31 U.S.C. 686), is further amended by striking the phrase "Civil Aeronautics Administration" and insertmg in lieu thereof the phrase "Federal Aviation Agency". AMENDMENTS TO EXPERIMENTAL AIR MAIL ACT SEC. 1408. [72 Stat. 808, 39 U.S.C. 470] The Act of April 15, 1938, as amended (39 U.S.C. 470), is further amended by striking the phrase "Civil Aeronautics Act of 1938" and inserting in lieu thereof the phrase "Federal Aviation Act of 1958". AMENDMENTS TO TRANSPORTATION OF FOREIGN MAIL BY AIRCRAY1' ACT SEC. 1409. [72 Stat. 809, 49 U.S.C. 485a, 485b] The Act of August 27, 1940, as amended (49 U.S.C. 485a), is further amended by striking the phrase "Civil Aeronautics Act of 1938" and inserting in lieu thereof the phrase "Federal Aviation Act of 1958". PAGENO="1579" AIR LAWS AXD TREATiES OF THE W(I)RLD 2979 f~ 1410-1411, 1501] AMENDMENTS TO ACT RELATING TO TRANSPORTATION OF REGULAR MAIL TO ALASKA BY AIR SEC. 1410. [7~ Stat. 809, 39 U.S.C. 488a] The Act of October 14, 1940, as amended (39 U.S.C. 488a), is further amended by striking the phrase "Civil Aeronautics Act of 1938" and inserting in lieu thereof the phrase "Federal Aviation Act of 1958". AMENDMENT TO PROVISION IN THE FEDERAL TRADE COMMISSION ACT SEC. 1411. [7~ Stat. 809, 15 U.S.C. 45(a) (6)] Section 5(a) (6) of the Act of September 26, 1914, as amended (15 U.S.C. 45), is further amended by striking the phrase "Civil Aeronautics Act of 1938" and inserting in lieu thereof the phrase "Federal Aviation Act of 1958". TITLE XV-SAVING PROVISIONS AND EFFECTIVE DATE EFFECT OF TRANSFERS, REPEALS, AND AMENDMENTS Existing Rules, Regulations, Orders, and so forth Si~o. 1501. [7~ Stat. 809, 49 U.S.C. 1301 note] (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, rates, and privileges which have been issued, made, or granted, or allowed to become effective, by the President, the Depart- ment of Commerce, the Secretary of Commerce. the Administrator of Civil Aeronautics, the Civil Aeronautics Board, the Airways Modern- ization Board, the Secretary of the Treasury, the Secretary of Agriculture, or the Postmaster General, or any court of competent jurisdiction, under any provision of law repealed or amended by this Act, or in the exercise of duties, powers, or functions which, under this Act, are vested in the Administrator of the Federal Aviation Agency or the Civil Aeronautics Board, and which are in effect at th~~ time this section takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Administrator or the Board, as the case may be, or by any court of competent jurisdiction, or by operation of law. Pending Administrative Proceedings (b) The provisions of this Act shall not affect any proceedings pending at the time this section takes effect before the Secretary of Commerce, the Administrator of Civil Aeronautics, the Civil Aero- nautics Board, the Chairman of the Airways Modernization Board, the Secretary of the Treasury, or the Secretary of Agriculture; but any such proceedings shall be continued before the successor agency, orders therein issued, appeals therefrom taken, and payments made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Administrator, the Civil Aeronautics Board, the Secretary of the Treasury, or the Secretary of Agriculture or by operation of law. PAGENO="1580" 2980 AIR LAWS AXD TREATIES OF THE WORLD 1~ 1502] Pending Judicial Proceedings (c) The provisions of this Act shall not affect suits commenced prior to the date on which this section takes effect; and all such suits shall be continued by the successor agency, proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this Act had not been passed. No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the United States, in relation to the discharge of official duties, shall abate by reason of any transfer of authority, power, or duties from such agency or officer to the Administrator or the Board under the provisions of this Act, but the court, upon motion or supplemental petition filed at any time within twelve months, after such transfer, showing the necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the Administrator or the Board. PERSONNEL, PROPERTY, AND APPROPRIATIONS SEC. 1502. [7~ Stat. 810, 49 U.S.C. 1341 note] (a) The officers, employees, and property (including office equipment and official records) of the Civil Aeronautics Administration of the Department of Commerce, and of the Airways Modernization Board, an~d such employees and property (including office equipment and official records) as the President~, after consultation with the Civil Aero- nautics Board, shall determine to have been employed by the Civil Aeronautics Board, in the exercise and performance of those powers and duties vested in and imposed upon it by the Civil Aeronautics Act of 1938, as amended, and which are vested by this Act in the Agency, shall be transferred to the Agency upon such date or dates as the President shall specify: Provided, That the transfer of such personnel shall be without reduction in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjust- ment of classification or compensation to conform to the duties to which such transferred personnel may be assigned. (b) Such of the unexpended balances of appropriations available for use by the Civil Aeronautics Administration of the Department of Commerce and by the Airways Modernization Board, and such of the unexpended balances of appropriations available for use by the Civil Aeronautics Board in the exercise and performance of those powers and duties vested in and imposed upon it by the Civil Aeronautics Act of 1938, as amended, and which are vested by this Act in the Admin- istrator, shall be transferred to the Agency upon such date or dates as the President shall specify, and shall be available for use in connec- tion with the exercise and performance of the powers and duties vested in and imposed upon the Administrator by this Act. Where provisions of this Act which are to be administered by the Board are in substance reenactments (with or without modifications) of provi- sions of the Civil Aeronautics Act of 1938, as amended, administered by the Board at the time this section takes effect, the Board, in carry- ing out such provisions of this Act, may utilize unexpended balances of appropriations made for carrying out such provisions of the Civil Aeronautics Act of 1938, as amended. PAGENO="1581" AIR LAWS AND TREATIES OF THE WORLD 2981 [~ 1503-1505] (c) All records transferred to the Administrator under this Act shall be available for use by him to the same extent as if such records were originally records of the Administrator. MEMBERS, OFFICERS, AND EMPLOYEES OF THE BOARD SEC. 1503. [72 Stat. 811, 49 U.S.C. 1321 note] Nothing in this Act (1) shall affect the tenure of office of any individual who is a mem- ber of the Civil Aeronautics Board at the time title IV of this Act takes effect2 or to nullify any action theretofore taken by the Presi- dent in designating any such person as chairman or vice chairman of the Board, or (2) subject to section 1502(a), change the status of the officers and employees i.mder the jurisdiction of the Board at that time. SEPARABILITY SEC. 1504. [72 Stat. 811, 49 U.S.C. 1301 note] If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. EFFECTIVE DATE SEC. 1505. [7~ Stat. 811, 49 U.S.C. 1301 note] The provisions of this Act shall become effective as follows: (1) Section 301, section 302 (a), (b), (c), (f), (i), and (k). section 303(a), section 304, and section 1502, shall become effective on the date of enactment of this Act; and (2) The remaining provisions shall become effective on the 60th day following the date on which the Administrator of the Federal Aviation Agency first appointed under this Act quali- fies and takes office.10 ~° The first appointed Administrator qualified and took office on November 1, 1958. The remaining provisions of the Act became effective December 31, 1958. PAGENO="1582" PAGENO="1583" SUPPLEMENTAL AIR CARRIERS 1 (INTERIM OPERATING AUTHORITY) [Act of July 10, 1969~, 76 Stat. 143] AN ACT To amend the Federal Aviation Act of 1958, as amended, to provide for supplemental air carriers, and for other purposes Be it enacted by the Senate and House of Representatves of the United States of America in Congress assembled, * * * * * * * SEC. 7. (a) If any applicant who makes application under section 401 (d) (3) of the Federal Aviation Act of 1958 for a certificate for supplemental air transportation within thirty days after the date of enactment of this Act shall show- (1) that it, or its predecessor in interest, was an air carrier authorized to furnish service between places within the United States under a certificate of public convenience and necessity issued by the Civil Aeronautics Board pursuant to order E-13436, adopted January 28, 1959, or order E-14196, adopted July 8, 1959, or that it was given interim authority to operate in interstate air transportation as a supplemental air carrier under Board order E-9744 of November 15, 1955, and has pending before the Board an application for certification as a supplemental air carrier which was filed prior to July 14, 1960; (2) that, during the period beginning on the date such certifi- cate was issued or such interim operating authority was conferred by the Board and ending on the date of enactment of this Act, such applicant or his predecessor in interest lawfully performed (A) a substantial portion of the transportation authorized by such cer- tificate or interim operating authority, (B) substantial operations in overseas or foreign air transportation, as a supplemental or large irregular air carrier, authorized by the Board, or (C) sub- stantial operations for the Military Establishment of the United States authorized by the Board; (3) that such certificate or interim operating authority had not been revoked or otherwise terminated by the Board or had not otherwise expired prior to the enactment of this Act: Provided, That for the purposes of this section such certificate or operating authority shall be considered to have been revoked or terminated if the Board has issued a final order to that effect on or before the date of enactment of this Act, notwithstanding a pending judicial review of such order; and 1 The sections of this act, which amended the Federal Aviation Act, have been Incor. porated in that Act. 2983 PAGENO="1584" 2984 AIR LAWS AND TREATIES OF THE WORLD (4) that such certificate or interim operating authority is held by the original grantee or has been transferred to the applicant with Board approval pursuant to section 401 (h) of the Federal Aviation Act of 1958: Provided, That a person who on the date of enactment of this Act had on file with the Board an application for the approval of transfer to him of a certificate for supple- mental air transportation or interim operating authority, may be issued a new interim certificate or new interim operating au- thority under this section if the Board approves the transfer pursuant to section 401(h) of the Federal Aviation Act of 1958; the Board may issue a new interim certificate or new interim authority to such applicant to engage in supplemental air transportation, as defined in the Federal Aviation Act of 1958, subject to such terms, conditions, and limitations as the Board may prescribe, pending issu- ance or denial of a certificate pursuant to section 401(d) (3) of the Federal Aviation Act of 1958, if it determines that the applicant is fit, willing, and able properly to perform such transportation and to conform to the provisions of such Act and the rules, regulations, and requirements of the Board and the Administrator. (b) If any applicant who makes application under section 401(d) (3) of the Federal Aviation Act of 1958 for a certificate for supplemental air transportation within thirty days after the date of enactment of this Act shall show that it or its predecessor has received interim operating authority from the Civil Aeronautics Board pur- suant to paragraph (2) of the first section of Public Law 86-661 of July 14, 1960 (74 Stat. 527), the Board may issue new interim author- ity to such applicant to engage in supplemental air transportation, as defined in the Federal Aviation Act of 1958, subject to such terms, con- ditions, and limitations as the Board may prescribe, pending issuance or denial of a certificate pursuant to section 401(d) (3) of the Federal Aviation Act of 1958, if it determines that the applicant is fit, willing, and able properly to perform such transportation and to conform to the provisions of such Act and the rules, regulations, and requirements of the Board and the Administrator. (c) If an applicant who makes application under section 401 (d) (3) of the Federal Aviation Act of 1958 for a certificate for supplemental air transportation shall show- (1) that it, or its predecessor in interest, was a carrier author- ized to furnish all-cargo service between places wit.hin the United States by a certificate of public convenience and necessity issued by the Civil Aeronautics Board pursuant to order numbered E-3085, adopted July 29, 1949, order numbered E-9760, adopted November 21, 1955, or order numbered E-10084, adopted March 12,1956; (2) that within thirty days prior to such application there has become final an order of the Civil Aeronautics Board in the domestic cargo-mail service case, docket numbered 10,067 and others, denying applicant's, or its predecessor's, application for renewal of such certificate; and (3) that immediately prior to the effective date of such denial the applicant, or its predecessor in interest, lawfully performed either (A) any portion of the service authorized by the certificate or (B) any operations for the Military Establishment of the United States authorized by the Board; PAGENO="1585" AIR LAWS AND TREATIES OF THE WORLD 2985 the Board may issue a new interim certificate to such applicant to engage in supplemental air transportation, as defined in the Federal Aviation Act of 1958, subject to such terms, conditions, and limitations as the Board may prescribe, pending issuance or denial of a certificate pursuant to section 401(d) (3) of the Federal Aviation Act of 1958, if it determines that the applicant is fit, willing and able properly to per- form such transportation and to conform to the provisions of such Act and the rules, regulations, and requirements of the Board and the Administrator. (d) A new interim certificate or new interim authority issued under this section shall not be deemed a license within the meaning of section 9(b) of the Administrative Procedure Act (5 U.S.C. 1008(b)). SEC. 8. (a) If any air carrier, or its predecessor in interest, was an air carrier authorized to furnish service between places within the United States by a certificate of public convenience and necessity issued by the Civil Aeronautics Board pursuant to order E-13436, adopted January 28, 1959, or order E-14196, adopted July 8, 1959, or it or its * predecessor received interim operating authority from the Board pursuant to paragraph (2) of the first section of Public Law 86-661 of July 14, 1960 (74 Stat. 527), and the operating authority described in this subsection has not. been revoked or otherwise terminated by the Board, it may perform operations as described in such certificate or such interim operating authority, subject to the terms, conditions, and limitations applicable to such certificate or such interim operating authority, or both, as the case may be, for thirty days from the date of enactment of this Act, and if it has filed application pursuant to section 401(d) (3) of the Federal Aviation Act of 1958 within said thirty days, may perform such operations, subject to such terms, con- ditions, and limitations, for a period of ninety days from the date of enactment of this Act. Any air carrier whose application for certifi- cation as a supplemental air carrier is pending before the Board and which (A) has operated in interstate air transportation as a supple- mental air carrier pursuant to authority granted under Board order E-9744 of November 15, 1955, and (B) had such application for a certificate as a supplemental air carrier pending before the Board on July 14, 1960, and whose operating authority described in this subsec- tion has not been revoked or otherwise terminated by the Board, may continue to operate in interstate air transportation as described in such operating authority, subject to the terms, conditions, and limitations applicable to such operating authority, for thirty days from the date of enactment of this Act, and if it has filed application pursuant to section 401(d) (3) of the Federal Aviation Act of 1958 within said thirty days, may perform such operations, subject to such terms, con- ditions, and limitations, for a period of ninety days from the date of enactment of this Act. (b) The certificates of public convenience and necessity issued by the Board pursuant to order E-13436 adopted January 28, 1959, and order E-14196, adopted July 8, 1959, and the interim operating authority issued by the Board pursuant to paragraph (2) of the first section of Public Law 86-661 of July 14, 1960 (74 Stat. 527), and the exemption authority issued by the Board under order E-9744 of November 15, 1955, and prior authority under individual exemptions or Letters of Registration reinstated by the Board under order 39-737 O-.65----tvol. II-100 PAGENO="1586" 2986 AIR LAWS AND TREATIES OF THE WORLD E-10161 of April 3, 1956, shall terminate thirty days from the date of enactment of this Act. (c) From and after the thirtieth day after the date of enactment of this Act the provisions of section 9(b) of the Administrative Pro- cedure Act (5 U.S.C. 1008(b)) shall not be applicable to any operating authority referred to in this section, or to any application for renewal thereof. SEC. 9. The Civil Aeronautics Board may, if it finds such authoriza- tion to be in the public interest to permit an orderly transition to an all-charter operation, authorize the holder of any certificate or other operating authority issued by the Board under this Act or under sec- tion 401(d) (3) of the Federal Aviation Act of 1958 to perform indi- vidually ticketed and individually waybilled services in air transpor- tation during the two-year period beginning on the date of enactment of this Act, subject. to such terms, conditions, and limitations as the Board may prescribe, except that the annual gross revenue of such holder from services authorized by this section during each year of such two-year period shall not exceed the average annual gross revenue from individually ticketed and individually waybilled services fur- nished by such holder, as authorized by the Board, during the period beginning January 1, 1959, and ending December 31, 1961, inclusive, as determined by the Board. SEC. 10. The provisions of this Act shall in no way affect the authority of the Board- (1) to maintain any enforcement or compliance proceeding or action against the. holder of a certificate of public convenience and necessity issued pursuant to Board order E-13436 of January 28, 1959, or Board order E-14196 of July 8, 1959, or against the holder of any interim operating authority conferred by the Board under paragraph (2) of the first section of Public Law 86-661 or under Board order E-9744 of November 15, 1955, which pro- ceeding or action is pending before the Board on the date of enact- ment of this Act; or (2) to institute, on or after the date of enactment of this Act, any enforcement or compliance proceeding or action against the holder of any certificate or interim operating authority referred to in paragraph (1) of this section with respect to any violation of- (A) the Federal Aviation Act of 1958, (B) the provisions of such certificate, (C) the terms of such operating authority, or (D) the regulations of the Board, without regard to when such violation occurred. Any sanction which the Board lawfully could have imposed on the operating authority of the holder of any certificate or interim oper- ating authority referred to in paragraph (1) of this section for any violation referred to in paragraph (2) of this section, which violation occurred prior to the issuance to such holder of a new interim certifi- cate or new interim authorit.y under section 7 of this Act or the issu- ance to such holder of a certificate of public convenience and necessity to engage in supplemental air transportation under paragraph (3) of section 401(d) of the Federal Aviation Act of 1958, may be imposed on the certificate or other operating authority issued to such holder PAGENO="1587" ATE LAWS A~D TREATIES OF THE WORLD 2987 under section 7 of this Act or under paragraph (3) of section 401(d) of the Federal Aviation Act. of 1958. SEC. 11. Any application of an air carrier heretofore consolidated into the Board proceeding known as the Large Irregular Air Carrier Investigation, Docket Numbered 5132 and others, shall he deemed Lo have been finally disposed of upon the date of enactment of this Act. * * * * * * * PAGENO="1588" PAGENO="1589" INTERNATIONAL AVIATION FACILITIES ACT [Act of Ju'n~ 16', 1948, 62 Stat. 450; a.s' amended by Act of Augv3t 10, 1949, 63 Stat. 591; and Act of Angu~t 23, 1958 (Federal Aviation Act, 72 Stat. 731.] To encourage the development of an international air-transportation system adapted to the needs of the foreign commerce of the United States, of the postal service, and of the national defense, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congre8s a88enibled, SHORT TIThE Sw. 1. [6~ Stat. 450] This Act may be cited as the "International Aviation Facilities Act". DEFINITIONS SEc. 2. [62 Stat. 450, a~ amended by 72 Stat. 731, 49 U. S. C. 1151] For the purposes of this Act: (1) The term "airport property" means any property, real or per- sonal, or any interest therein, used or useful, directly or indirectly, in connection with the administration, operation, or maintenance of an airport, including but not limited to (1) land; (2) runways, strips, taxiways, and parkmg aprons; (3) buildings, structures, improve- ments, and facilities, wI;ether or not used in connection with the land- ing and take-off of aircraft; and (4) equipment (including parts and components thereof), furniture, vehicles, and supplies. (2) The term "airway property" means any property, real or per- sonal, or any interest, therein, used or useful, directly or indirectly, in connection with the administration, operation, or maintenance of any ground installation, facility, or equipment (including parts and components thereof) necessary or desirable for the orderly and safe operation of air traffic, including but not limited to air navigation, air- traffic control, airway communications, and meteorological facilities. (3) The term "foreign territory" means any area of land or water over which no nation or a nation other than the United States exer- cises the incidents of sovereignty (including territory of undetermined sovereignty and the high seas), any area of land or water temporarily under military occupation by the United States, and any area of land or water occupied or administered by the United States or any other nation under any international agreement. ESTABLISHMENT AND OPERATION, IN FOREIGN TERRITORY, OF PACILITIES RELATED TO AVIATION SEc. 3. [62 Stat. 451, a.s' amended by 72 Stat. 731, 4.9 U. S. C. 11521 Subject to concurrence of the Secretary of State, and with due regard 2989 PAGENO="1590" 29~O A Ii~ LAW AND THEATIES OF THE WORLD for the objectives of the. International Civil Aviation Organization, the Administrator of the Federal Aviation Agency (hereinafter re- ferred to as the "Administrator") and the Chief of the Weather Bureau of the Department of Commerce, within their respective fields, are. autho1~ized, by contract or otherwise, to acquire, establish, and construct airport property and airway property in foreign territory: Prcruided, /vnccver. That, except in the case of airport property trans- ferred under section 8, no airport (as defined in section 1 of the Civil Aeronautics Act of 1938, as amended) may be acquired, established, or constructed under authority of this section unless funds for such purpose have been specifically appropriated by the Congress. TRAINING OF FOREIGN NATIONALS IN AERONAUTICAL AND R.ELATTh SUBJECTS SEc. 4. [6~ Stat. 451,49 U. S. (7. 1153] Subject to the concurrence of the Secretary of State, the Administrator and the Chief of the Weather Bureau, within their respective fields, are authorized within or outside the United States to train foreign nationals directly, or in conjunction with any other United States Government agency, or through any United States public or private agency (includjng any State or municipal educational institution), or through any interna- tional organization, in aeronautical and related subjects essential to the orderly and safe operation of civil aircraft. ACCEPTANCE OF FUNDS FOR FACILITIES SUPPLIED OR SERVICES PERFORMED FOR A FOREIGN GOVERNMENT OR AN INTERNATIONAL ORGANIZATION SEC. 5. [Ct' Stat. 451,49 U. 5. (7. 1154] The Administrator and the Chief of the Weather Bureau, respectively, are authorized to accept, on behalf of the United States, funds from any foreign government or from any international organization as payment for any facilities supplied or services performed for such government or international organization by the Administrator or the Chief of the Weather Bu- reau, either directly or indirectly, under authority of this Act or the Civil Aeronautics Act of 1938; as amended~ including the operation of airport property and airway property in such countries, the training ~ foreign nationals, the rendering of technical assistance and advice to such countries, and the performance of other similar services. Funds so received may he credited (A) to appropriations current at the rime the expenditures are to be or have been paid, (B) to appro- priations current at the time such amounts are received, or (C) in part as provided under clause (A) and in part as provided under clause (B). TRANSFER OF AIRPORT PROPERTY OR AIRWAY PROPERTY TO A FOREIGN GOVERNMENT OR AN INTERNATIONAL ORGANIZATION SEc. 6. [6~ Stat. ~52, a~ amended b~,' 7B Stat. 731, 49 U. S. (2. 1155] The Administrator or the Chief of the Weather Bur~u, as the case may be, upon request of the foreign government invorved or of any international organization, may transfer any airport property or airway oroperty operated and maintained by him within foreign ter-itor:c, pursuant to the provisions of this Act, to the foreign gov- ernment involved or to any international organization. The Ad- minist.rator or the Chief of the Weather Bureau, as the case may be, PAGENO="1591" AIR LAWS AND TREATIES OF THE WORLD 2991 is authorized to make such transfer upon such terms and conditioiis as he deems proper, including provision for receiving, on behalf of the United States, such payment or other consideration for the prop- erty so transferred as may be agreed upon through negotiations with the foreign government or international organization involved. FACILITIES, SERVICE, AND PROPERTY IN THE CANAL ZONE AND IN THE REPUBLIC OF PANAMA SEC. 7. [62 Stat. 452, as amended by 63 Stat. 591, 49 U. S. C. 1156] (a) Subject to the approval of the Secretary of Defense, the Admin- istrator is authorized to provide air navigation, communications, and air traffic control facilities and services in the Canal Zone and the Republic of Panama and to do all things necessary in connection with the operation and maintenance thereof. (b) In exercising and performing his powers and duties under this section, the Administrator shall do so consistently with any obligation assumed by the United States in any treaty, convention, or agree- ment that may be in force between the United States and the Republic of Panama. (c) Any department of the Defense Department is authorized in its discretion to transfer without charge therefor to the Admin- istrator any airport property or airway property or other real or personal property which (1) is located in the Canal Zone or the Republic of Panama, and (2) is determined by the Administrator to be, or likely to become, useful in carrying out the purposes of this Act. (d) The authority conferred by this section may be exercised with- out regard to sections 3 and 8 (a) of this Act. TRANSFER OF CERTAIN PROPERTY FROM THE NATIONAL MILITARY ESTAB- IAISHMENT TO THE ADMINISTRATOR OR THE WEATHER BUREAU SEc. 8. [62 Stat. 452, as amended by 72 Stat. 731, 49 U. S. C. 1157] (a) When considered consistent with the needs of national defense, and subject to such conditions, if any, as may be agreed upon in specific cases between the parties, any department of the Defense Department is authorized to transfer at its discretion to the Administrator, with- out charge therefor, airport property and airway property, exclusive of meteorological facilities, installed by or in the possession of such department in territory (including Alaska) outside the continental limits of the United States, which such department has found to be no longer required exclusively for military purposes and which in the opinion of the Administrator are, or are likely to become, neces- sary for carrying out the purposes of this Act. (b) When considered consistent with the needs of national defense, and subject to such conditions, if any, as may be agreed upon in spe- cific cases between the parties, any department of the Defense Department is authorized to transfer at its discretion to the Chief of the Weather Bureau without charge therefor, meteorological facilities instaUed by or in the possession of such department in territory (in- cluding Alaska) outside the continental limits of the United States, which such department has found to be no longer required exclusively for military purposes, and which, in the opinion of the Chief of the Weather Bureau are, or are likely to become, necessary for carrying PAGENO="1592" 2992 AIR LAWS AXD TREATIES OF THE WORLD out the purposes of this Act. Transfer of property in foreign territory shall be made hereunder only after consultation with the Air Coordi- nating Committee. (c) All property transferred to the Department of Commerce under the provisions of Executive Order 9709, dated March 29, 1946, and Executive Order 9797, dated November 6, 1946, and which is in the possession of the Department of Commerce on the date of the enact- ment of this Act shall be considered as property transferred pursuant to this section. AtJTHORITY TO RETAKE PROPERTY TRANSFERRED UNDER SECTION 7 OR 8 SEC. 9. [6~ Stat. 453, 49 U. S. C. 1158] When necessary to meet military requirements, as determined by the Secretary of the depart- ment which made the transfer, such department is authorized imme- diately to retake any property transferred under section 7 or section 8, together with any improvements or additions made thereto: Provided, That the Secretary of such department, upon the recommendation of the Administrator or the Chief of the Weather Bureau, as the case may be, is authorized in any case to waive any right or privilege con- ferred or reserved by this section. In the event property is retaken which incorporates improvements or additions not made at Govern- ment expense, reasonable compensation shall be paid to the person or persons who made such improvements or additions, or to their suc- cessors in interest. The Secretary of the department which made the transfer, or his duly authorized representative, shall determine, for purposes of this section, what is reasonable compensation for such improvements or additions. POWERS OF ADMINISTRATOR AND CHfl~1' OF WEATHER BUREAU WITH RESPECT TO CERTAIN AIRPORT PROPERTY AND AIRWAY PROPERTY SEC. 10. [6~ Stat. 453, 49 U. S. C. 1159] (a) With regard to air- port property and airway property in territory (including Alaska) outside the continental limits of the United States which he has ac- quired pursuant to this Act or any other provision of law, the Adniinis- trator is empowered and directed to do and perform, by contract or otherwise, all acts and things necessary or incident to their consoli- dation, operation, protection, maintenance, improvement, and ad- ministration, including but not limited to the power (1) to adapt, from time to time, such properties to the needs of civil aeronautics by con- struction, installation, reengineering, relocation, or otherwise; (2) to make and amend such reasonable rules and regulations as he may deem necessary to the proper exercise of the powers granted by this section; (3) to lease under such conditions as he may deem proper and for such periods as may be desirable (not to exceed twenty years) space or property for purposes essential or appropriate to their consolida- tion, operation, protection, and administration under this Act; (4) to contract for, or to provide directly for, the sale of fuel, oil, equipment, food and supplies, hotel accommodations, and other facilities and services necessary or desirable for the operation and administration of such properties; (5) to make just and reasonable charges for aero- nautical services (including but not limited to landing fees and fees PAGENO="1593" AIR LAWS AND TREATIES OF THE WORLD 2993 for the use of communication services); and (6) to acquire, by pur- chase or otherwise, real or personal property, or interests therein, which he may consider necessary for the purposes of this section. Any person who knowingly and willfully violates any rule or regulation issued by the Administrator under clause (2) of this section, if such violation is committed in any area under the civil jurisdiction of the United States, shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be subject to a fine of not more than $500 or to imprisonment not exceeding six months, or to both such fine and im- prisonment. (b) With regard to meteorological facilities in territory (including Alaska) outside the continental limits of the United States which he has acquired pursuant to this Act or any other provision of law, the Chief of the Weather Bureau is vested with all powers to consolidate, operate, protect, maintain, improve, and administer granted the Administrator by subsection (a) with respect to facilities the latter has acquired. (c) All funds received under this section, as a result of direct sale or charge by the Administrator or the Chief of the Weather Bureau and which, in the judgment of the Administrator or the Chief. of the Weather Bureau, as the case may be, are equivalent to the cost, including handling charges, of the fuel, oil, equipment, food, supplies, services, shelter, or other assistance or services sold or furnished shall be credited to the appropriation from which the cost thereof was paid, and the balance, if any, shall be credited to miscellaneous receipts. (d) The provisions of section 3709 of the Revised Statutes, as amended (41 U. S. C. 5), shall not apply to any of the leases or con- tracts made by the Administrator or the Chief of the Weather Bureau pursuant to the provisions of this Act. UTILIZATION OF FACILITIES AND SERVICES OF OTHER GOVERNMENT AGENCIES Siic. 11. [62 Stat. 454, a~ amended b?j 72 Stat. 781, 49 U. S. 0. 1160] The Administrator and the Chief of the Wea,ther Bureau are author- ized and directed, in carrying out the provisions of this Act, insofar as they find it practicable, to arrange for the use of appropriate facili- ties or services of other United States Government agencies, and to reimburse any such agency for such service out of funds appropriated to the Federai Aviation Agency of the Weather Bureau, as the case may be, to the end that personnel and facilities of existing United States Government agencies shall be utilized to the fullest possible advantage and not be unnecessarily duplicated. Any agency of the United States Government receiving any such request is hereby authorized to furnish such facilities or to perform such services. AtPrHORIzATION FOR APPROPRIATIONS Szo. 12. [6~ Stat. 454] There are hereby authorized to be appro- priated such sums as may be necessary to carry out the provisions of this Act. PAGENO="1594" PAGENO="1595" NATIONAL AERONAtITICS AND SPACE ACT or 1958 [Act of eJUly 29,1958. 72 iS'tat. 4 as amended by Act of May 13, 1959, 73 Stat. 21; Act of June 1, 1960, 74 Stat. 153; Act of April 25. 1961, 75 Stat. 46; Act of October 4. 1961. 75 Stat. 792: Act of August 14, 1962, 76 Stat. 38.5; Act of October ii, 1962, 76 Stat. 864; Act of September 6, 1963, 77 Stat. 144] AX ACT To provide for research into problems of flight within and outside the earth's atmosphere, and for other purposes. Be it eiuieted by the Seni7.te and House of Representatives of the United States of America in Congress assembled. TITLE I-SHOR.T TITLE, DECLARATION OF POLICY AND DEFINITIONS SHORT TITLE SEC. 101. [72 Stat. 426,42 U.S.C. 2451 note] This Act may be cited as the "National Aeronautics and Space Ac~t. of 1958" DECLARATION OF POLICY AND PtJRPOSE SEC. 102. [792 Stat. 426, 42 U.S.C. 2451] (a) The Congress hereby declares that it is the policy of the United States that. activities in space should be devoted to peaceful purposes for the benefit of all mankind. (b) The Congress declares that the general welfare and security of the lJnited States require that adequate provision be made for aero- nautical and space activities. The congress further declares that such aøtivit.ies shall be the responsibility of, and shall be directed by, a civilian agency exercising control over aeronautical and space ac- tivities sponsored by t.he United States, except that activities peculiar t.o or primarily associated with the development, of weapons systems, military operations, or the defense of the United States (including the research and development necessary to make effective provision for the defense of the United States) shall be t.he responsibility of, and shall be directed by, the Department. of Defense; and that. determina- tion as to which such agency has responsibility for and direction of any such activity shall be made by the President in conformity with section 201(e). (c) The aeronautical and space activities of the United States shall be conducted so as to contribute materially to one or more of the follow- ing objectives: (1) The expansion of human knowledge of phenomena in the atmosphere and space; (2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and space vehicles; 2995 PAGENO="1596" 2996 AIR LAWS AND TREATIES OF THE WORLD (3) The development and operation of vehicles capable of car- rying instruments, equipment, supplies, and living organisms through space; (4) The establishment of long-range studies of the potential benefits to be gained from, the opportunities for, and the problems involved in the utilization of aeronautical and space activities for peaceful and scientific purposes; (5) The preservation of the role of the United States as a leader in aeronautical and space science and technology and in the application thereof to the conduct of peaceful activities within and outside the atmosphere; (6) The making available to agencies directly concerned with national defense of discoveries that have military value or signifi- cance, and the furnishing by such agencies to the civilian agency established to direct and control nonmilitary aeronautical and space activities of information as to discoveries which have value or significance to that agency; (7) Cooperation by the United States with other nations and groups of nations in work done pursuant to this Act and in the peaceful application of the results thereof; and (8) The most effective utilization of the scientific and engineer- ing resources of the United States, with close cooperation among all interested agencies of the United States in order to avoid unnecessary duplication of effort, facilities, and equipment. (d) It is the purpose of this Act to carry out and effectuate the policies declared in subsections (a), (b), and (c). Definitions SEC. 103. [72 Stat. 427,42 U.S.C. 2452] As used in this Act- (1) the term "aeronautical and space activities" means (A) research into, and the solution of, problems of flight within and outside the earth's atmosphere, (B) the development, construc- tion, testing, and operation for research purposes of aeronautical and space vehicles, and (C) such other activities as may be re- quired for the exploration of space; and (2) the term "aeronautical and space vehicles" means aircraft, missiles, satellites, and other space vehicles, manned and un- maimed, together with related equipment, devices, components, and parts. PAGENO="1597" TITLE IT-COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES NATIONAL AERONAUTICS AND SPACE COUNCIL SEC. 201.* [72 Stat. 427 42 U.S.C. 2471] (a) There is hereby estab- lished in the Executive Office of the President, the National Aeronau- tics and Space Council (hereinafter called the "Council") which shall be composed of- (1) the Vice President, who shall be Chairman of the Council; (2) the Secretary of State; (3) the Secretary of Defense; (4) the Administrator of the National Aeronautics and Space Administration; and (5) the Chairman of the Atomic Energy Commission. (b) The President shall from time to time designate one of the mem- bers of the Council to preside over meetings of the Council during the absence, disability, or unavailability of the Chairman. (c) Each member of the Council may designate another officer of his department or agency to serve on the Council as his alternate in his unavoidable absence. (d) Each alternate member designated under subsection (c) of this section shall be designated to serve as such by and with the advice and consent of the Senate unless at t.he time of his designation he holds an office in the Federal Government to which he was appointed by and with the advice and consent of the Senate. (e) It. shall be the funct.ion of the Council to advise and assist the President, as he may request, with respect to t.he performance of functions in the aeronautics and space field, including the following functions: (1) survey all significant aeronautical and space activities, in- cluding the policies, plans, programs, and accomplishments of all depart.ments and agencies of the United States engaged in such activities; (2) develop a comprehensive program of aeronautical and space activities to be conducted by departments and agencies of the United States; (3) designate and fix responsibility for the direction of major aeronautical and space activities; (4) provide for effective cooperation among all departments and agencies of t.he United States engaged in aeronautical and space activities, and specify, in any case in which primary re- sponsibility for any category of aeronautical and space activ- ities has been assigned to any department or agency, which of those a.ctivities may be carried on concurrently by other depart- ments or agencies; and (5) resolve differences arising among departments and agen- cies of the United States with respect to aeronautical and space 2997 PAGENO="1598" 2998 AIR LAWS AND TREATIES OF THE WORLD activities under this chapter, inchiding differences as to whether a particular project is an aeronautical and space activity. (f) The Council may employ a staff to be headed by a civilian executive secretary who shall be appointed by the President by and with the advice and consent of the Senate and shall receive compen- sation at. the rate of S20~000 a year. The executive secretary, subject to the direction of the Council. is authorized to appoint and fix t.he compensation of such personnel, including not more than seven per- sons who may be appointed without regard to the civil service laws or the Ciussificat-ion Act of 1949 and compensated at the rate of not more than $19,000 a year. as may he necessary to perform such duties as may be prescribed by the Council in connection with t.he. performance of it.s functions. Each appointment under t.his subsec- tion shall be subject to the same security requirements as those estab- lished for personnel of the National Aeronautics and Space Admin- istration appointed under section 2473(h) (2) of this title. Other provisions of law or regulations relating to Government. employment. (except. those relating to pay and retirement) shall apply to council employees reporting directly to the chairman to the extent that such provisions are applicable to employees in the office of the Vice President. (g) Repealed. Pub. L. 87-2.6, § 1(b), Apr. 25, 1961, 75 Stat.. 47. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SEC. 202. [72 Stat. 429. 42 U.S.C. 2472] (a) There is hereby estab- lished t.he National Aeronautics and Space Administration (herein- after called the "Administration"). The Administration shall be headed by an Administrator, who shall be appointed from civilian life by the. President by and with the advice and consent of the Sen- ate, and shall receive compensation at the rate of $22,500 per annum. Under the supervision and direction of the President, the Adminis- trator shall be responsible for the exercise of all powers and the dis- charge of all duties of the Administration, and shall have authority and control over all personnel and activities thereof. (b) There shall be in t.he Administration a Deputy Administrator, who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. shall receive compensation at the rate of $21 .500 per annum, and shall perform such duties and exercise such powers as the Administrator may prescribe. The Deputy Ad- niinistrator shall act for, and exercise the powers of, the Adminis- trator during his absence or disability. (c) The Administrator and the Deputy Administrator shall not engage in any other business, vocation, or employment while serving as such. FUNCTIONS OF THE ADMINISTRATION SEC. 203. [72 Stat. 429, 42 U.S.C. 2473] (a) The Administration, in order to carry out the purpose of this Act., shall- (1) plan, direct, and conduct aeronautical and space activities; (2) arrange for participation by the scientific community in planning scientific measurements and observations to be made through use of aeronautical and space vehicles, and conduct or arrange for the conduct of such measurements and observations; and PAGENO="1599" AIR LAWS AND TREATI&S OF THE WORLD 2999 (3) provide for the widest practicable and appropriate dis- semination of information concerning its activities and the re- sults thereof. (b) In the performance of its functions the Administration is authorized- (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exer- cise of the powers vested in it by law; (2) to appoint and fix the compensation of such officers and employees as may be necessary to carry out such functions. Such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with the Classification Act of 1949, except that (A) to the extent the Administrator deems such action necessary to the discharge of his responsibilities, he may appoint and fix the compensation (at not to exceed the highest rate of grade 18 of the General Schedule of the Classification Act of 1949. as amended, or, for a maximum of thirty positions, not to exceed $21,000 a year) of not more than four hundred and twenty-five (of which not to exceed three hun- dred and fifty-five may be filled prior to March 1, 1962 and not to exceed three hundred and ninety may be filled prior to July 1, 1962) of the scientific, engineering, and administrative personnel of the Administration without regard to such laws, and (B) to the extent the Administrator deems such action necessary to recruit specially qualified scientific and engineering talent., he may estab- lish the entrance grade for scientific and engineering personnel without previous service in the Federal Government at a level up to two grades higher than the grade provided for such personnel under the General Schedule established by the Classification Act of 1949, and fix their compensation accordingly; (3) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain laboratories, re- search and testing sites and facilities, aeronautical and space vehi- cles, quarters and related accommodations, for employees and de- pendent~s of employees of the Administration, and such other real and personal property (including patents). or any interest, therein, as the Administration deems necessary within and outside the con- tinental ITnited States; to acquire by lease or otherwise, through the Administrator of General Services, buildings or parts of build- ings in the District of Columbia for the use of the Administration for a period not to exceed ten years without regard to section 34 of Title 40; to lease to others such real and personal property; to sell and otherwise dispose of real and personal property (includ- ing patents and rights the.reirnder) in accordance with the provi- sions of the Federal Property and Administrative Services Act of 1949, as amended; and to provide by contract or otherwise for cafeterias and other necessary facilities for the welfare of em- ployees of the Administration at. its installations and purchase and maintain equipment. t.herefor; (4) to accept unconditional gifts or donations of services, money, or property. real, personal, or mixed, tangible or intangible: (5) without. regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529) , to enter into and perform such contracts, PAGENO="1600" 3000 AIR LAWS AND TREATIES OF THE WORLD leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work and on such terms as it may deem appropriate, with any agency or instrumentality of the ljnited States, or with any State, Territory, or possession, or with any political subdivision thereof, or with any person, firm, asso- ciation, corporation. or educational institution. To the maximum extent practicable and consistent with the accomplishment of the purpose of this Act, such contracts, leases, agreements, and other transactions shall be. allocated by the Administrator in a manner which will enable small-business concerns to participate equitably and proportionately in the conduct of the work of the Adminis- tration (6) to use, with their consent, the services, equipment, person- ne.l, and facilities of Federal and other agencies with or without reimbursements, and on a similar basis to c.ooperate with other public, and private agencies and instrumentalities in the use of services, equipment, and facilities. Each department. and agency of the Federal Government shall cooperate fully with the Ad- ministration in making its services, equipment, personneT, and facilities available to the Administration, and any such depart- ment, or agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, with- out reimbursement, aeronautical and space vehicles, and supplies and equipment other than administrative supplies or equipment; (7) to appoint such advisory committees as may be appropriate for purposes of consultation and advice to the Administration in the performance of its functions: (8) to establish within the Administration such offices and pro- cedures as may be appropriate to provide for the greatest possible coordination of its activities under this Act with related scientific. a.nd other activities being carried on by other public and private agencies and organizations: (9) to obtain services as authorized by section 15 of the Act of August 2, 1946 (5 TJ.S.C. 55a), at. rates not to exceed $100 per diem for individuals: (10) when determined by the Administrator to be necessary, and subject to such security investigations as he may determine to be appropriate, to employ aliens without rega.rd to statutory provisions prohibiting payment of compensation to aliens; (11) to employ retired commissioned officers of the armed forces of the LTnited States and compensate them at the rate established for the positions occupied by them wit:hin the Administration, subject only to the limitations in pay set forth in section 212 of the Act of June 30, 1932, as amended (5 TJ.S.C. 59a); (12) with the approval of the President, to enter into coopera- tive agreements under which members of the Army, Navy, Air Force, and Marine corps may be detailed by the appropriate Secretary for services in the performance of functions under this Ac.t to the same extent as that to which they might be lawfully assigned in the Department of Defense: and (13) (A) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the ITnited States, in full satisfaction thereof, any claim for $5,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property PAGENO="1601" AIR LAWS AND TREATIES OF THE WORLD 3001 resulting from the conduct of the Administration's functions as specified in subsection (a) of this section, where such claim is presented to the Administration in writing within two years after the accident or incident out of which the claim arises; and (B) if the Administration considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this para- graph, to report the facts and circumstances thereof to the Con- gress for its consideration; and (14) to reimburse, to the extent determined by the Administra- tor or his designee to he fair and reasonable, the owners and ten- ants of land and interests in land acquired on or after November 1, 1961, by the United States for use by the Administration by pur- chase, condemnation, or otherwise for expenses and losses and damages incurred by such owners and tenants as a direct result of moving themselves, their families, and their possessions because of said acquisition. Such reimbursement shall be in addition to, but not in duplication of, any payments that may otherwise be au- thorized by law to be made to such owners and tenants. The total of any such reimbursement to any owner or tenant shall in no event exceed 25 per centum of the fair value, as determined by the Administrator, of the parcel of land or interest in land to which the reimbursement. is related. No payment under this paragraph shall be made unless application therefor, supported by an itemized statement of the expenses, losses, and damages incurred, is submitted to the Administrator within one year from (a) the date upon which the parcel of land or interest, in land is to be va- cated under agreement with the Government by the owner or ten- ant or pursuant to law, including but. not limited to, an order of a court~, or (b) the date upon which the parcel of land or interest in the land involved is vacated, whichever first occurs. The Adminis- trator may perform any and all acts and make such rules and regulations as he deems necessary a.nd proper for the purpose of carrying out. this paragraph. All functions performed under this paragraph shall be exempt. from the operation of sections 1001- 1011 of Title 5, except as to the requirements of section 1002 of Title 5. Funds available to the Administration for the acquisi- tion of real property or interests therein shall also be available for carrying out this paragraph. CIVILIAN -MILITARY LIAiSON COMMITTEE SEC. 204. [72 Stat. 431, 42 U.S.C. 2474] There shall be a Civilian- Military Liaison Committee consisting of- (1) a Chairman, who shall be the head there.of and who shall be. appointed by the President, shall serve at. the pleasure of t.he President, and shall receive compensation (in the manner pro- vided in subsection (d)) at the rate of $20,000 per annum; (2) one or more representatives from the Department of De- fense, and one or more representat.ives from each of the Depart- ments of the Army, Navy, and Air Force, to be assigned by the Secretary of Defense to serve on the Committee without addi- tional compensation; and (3) representatives from the Administration, to be assigned by t.he Administrator to serve on the Committee without additional 39-737 0-65-vol. II-1O1 PAGENO="1602" 3002 AIR LAWS AND TREATIES OF THE WORLD compensation, equal in number to the number of representatives assigned to serve on t.he Committee under paragraph (2). (b) The Administration and the Department of Defense, through the Liaison Committee, shall advise and consult with each other on all matters within their respective jurisdictions relating to aeronauti- cal and space activities and shall keep each other fully and currently informed with respect to such activities. (c) If the Secretary of Defense concludes that any request, action, proposed action, or failure to act on the part of the Administrator is adverse to the responsibi1ities of the Department of Defense, or the Administrator concludes that~ any request, action, proposed action, or failure to act on the part of the Department of Defense is adverse to the responsibilities of the Administration, and the Administrator and the Secretary of Defense are unable to reach an agreement with re- spect thereto, either the Administrator or the Secretary of Defense may refer the matter to the President for his decision (which shall be final) as provided in section 201(é). (d) Notwithstanding the provisions of any other law, any active or retired officer of the Army, Navy, or Air Force may serve as Chair- man of the Liaison Committee without prejudice to his active or re- tired status as such officer. The compensation received by any such officer for his service as Chairman of the Liaison Committee shall be equal to the amount (if any) by which the compensation fixed by sub- section (a) (1) for such Chairman, exceeds his pay and allowances (including special and incentive pays) as an active officer, or his retired pay. INTERNATIONAL COOPERATION SEC. 205. [72 Stat. 432, 42 U.S.C. 247.5] The Administration, under the foreign policy guidance of the President, may engage in a program of international cooperation in work done pursuant to this Act, and in the peaceful applic.ation of the results thereof, pursuant to agreements made by the President with the advice and consent of the, Senate. REPORTS TO THE CONGRESS SEC. 206. [72 ~~1tat. 432. 42 U.S.C. 2476] (a) The Administration shall submit to the President for transmittal to the Congress, semi- annually and at such other times as it deems desirable. a report of its activities and accomplishments. (b) The President shall transmit. to the Congress in January of each ear a report, which shall include (1) a comprehensive description of the programed activities and the accomplishments of all agencies of the Tnited States in the field of aeronautics and space activities during the preceding calendar year. and (2) an evaluation of such activities and accomplishments in terms of the attainment of, or the failure to attain, the objectives described in section 1ft2(c) of this Act. (c) Any report made under this section shall contain such recom- mendations for additional legislation as the Administrator or the President may consider necessary or desirable for the attainment of the objectives described in section 102(c) of this Act. (d) No information which has been classified for reasons of na- tional security shall be included in any report made under this section, PAGENO="1603" AIR LAWS AND TREATIES OF THE WORLD 3003 unless such information has been declassified by. or pursuant to au- thorization given by. the President. SEC. 206b. Reports to Congress: confidential information (1) The. Administrator of the National Aeronautics and Space. Administration shall submit to the Congress not later than forty-five. days after the close of each fiscal year a report which sets forth, as of the close of such fiscal year- (A) the number of positions established under section 2473(h) (2) of this title: (B) the nalile. rate. of compensation, and description of the qualifications of each incumbent, of each position established under such section 2473(b) (2). together with the position title and a statement of the duties and responsibilities performed by each such incumbent; (C) the position or positions in or outside the Federal Govern- nient. held by each such incumbent, and his rate or rate.s of coni- perisation, during the five-year period immediately preceding the da.te. of appointment of such incumbent. t.o such position; and (D) such other information as t.he Administrator may deem appropriate or which may be required by t.he Congress or a com- mittee thereof. Nothing contained in this subsection shall require. t.he resubmission of any information required under subparagraphs (B) and (C) of this subsection which has been reported pursuant to this subsection and remains unchanged. (2) In any instance in which the Administrator may find full public disclosure of any or all of the matter covered by paragraph (1) of this subsection to be detrimental to the. national security, the Administrator is authorized- (A) to omit in such report. those. matters with respect to which full public, disclosure is found to be detrimental to the national security; (B) to inform the Congress of such omission; and (C) at. t.he request. of an congressional committee to which such report is referred, to present all information concerning such matters. PAGENO="1604" TITLE 111-MISCELLANEOUS NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS SEC. 301. (a) [72 AS~tat. 432, 42 U.S.C. 2472 note] The National Advisory Committee for Aeronautics, on the effective date of this section, shall cease to exist. On such date all functions, powers, duties, and obligations, and all real and personal property, personnel (other than members of the Committee), funds, and records of that organization, shall be transferred to the Administration. (b) [72 Stat. 432. 10 U.S.C. 2302, 2303(a) (5)] Section 2302 of title 10 of the United States Code is amended by striking out "or the Executive Secret ary of the National Advisory Committee for Aeronautics." and inserting in lieu thereof "or the Administrator of the National Aeronautics and Space Administration."; and section 2303 of such title 10 is amended by striking out "The National Ad- visory Committee for Aeronautics." and inserting in lieu thereof "The National Aeronautics and Space Administration." (c) [72 Stat. 432. 5 U.S.C. 22-1] The first section of the Act of August 26, 1950 (5 U.S.C. 22-1), is amended by striking out "the Director, National Advisory Committee for Aeronautics" and insert- ing in lieu thereof "the Administrator of the National Aeronautics and Space Administration", and by striking out "or National Ad- visory Committee for Aeronautics" and inserting in lieu thereof "or National Aeronautics and Space Administration". (d) [72 Stat. 433. 50 U.S.C. 511-513, 515] The Unitary Wind Tunnel Plan Act of 1949 (50 U.S.C. 511-515) is amended (1) by striking out "The National Advisory Committee for Aeronautics (hereinafter referred to as the `Committee')" and inserting in lieu thereof "The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the `Administrator')"; (2) by striking out. "Committee" or "Committee's" wherever they appear and inserting in lieu thereof "Administrator" and "Admin- istrator's", respectively: and (3) by striking out "its" wherever it appear and inserting in lieu thereof "his". (e) [72 Stat. 433. 10 U.S.C. 2302 note] This section shall take effect. ninety days after the date of the enactment of this Act, or on any earlier date on which the Administrator shall determine, and annoimce by proclamation published in t.he Federal Register, that. the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it by this Act. TRANSFER OF RELATED FUNCTIONS SEC. 302. [72 Stat. 433. 42 U.S.C. 2453] (a) Subject to the pro- visions of this section, the President for a period of four years after 3004 PAGENO="1605" AIR LAWS AND TREATIES OF THE WORLD 3005 the date of enactment of this Act, may transfer to the Administration any functions (including powers, duties, activities, facilities, and parts of functions) of any other department or agency of the United States, or of any officer or organizational entity thereof, which relate primarily to the functions, powers, and duties of the Administration as prescribed by section 203 of this Act. In connection with any such transfer, the President may, under this section or other ap- plicable authority, provide for appropriate transfers of records, property, civilian personnel, and funds. (b) `Whenever any such transfer is made before January 1, 1959, the President shall transmit to the Speaker of the House of Repre- sentatives and the President pro tempore of the Senate a full and complete report conôerning the nature and effect of such transfer. (c) After December 31, 1958, no transfer shall be made under this section until (1) a full and complete report concerning the nature and effect of such proposed transfer has been transmitted by the President to the Congress, and (2) the first period of sixty calendar days of regular session of the Congress following the date of receipt of such report by the Congress has expired without the adoption by the Con- gress of a concurrent resolution stating that the Congress does not favor such transfer. ACCESS TO INFORMATION SEC. 303. [72 Stat. 453, 42 U.S.C. 2454] Information obtained or developed by the Administrator in the performance of his functions under this Act shall be made available for public inspection, except (A) information authorized or required by Federal statute to be withheld, and (B) information classified to protect the national security: Provided, That nothing in this Act shall authorize the withholding of information by the Administrator from the duly ~uithorized committees of the Congress. SECURITY SEC. 304. (a) [72 Stat. 453, 42 U.S.C. 2455] The Administrator shall establish such security requirements, restrictions, and safeguards as he deems necessary in the interest of the national security. The Administrator may arrange with the Civil Service Commission for the conduct of such security or other personnel investigations of the Administration's officers, employees, and consultants, and its contrac- tors and subcontractors and their officers and employees, actual or prospective, as he deems appropriate; and if any such investigation develops any d~t.a reflecting that the individual who is the subject thereof is of questionable loyalty the matter shall be referred to the Federal Bureau of Investigation for the conduct of a full field inves- tigation, the results of which shall be furnished to the Administrator. (b) [72 Stat. 433, 42 U.S.C. 2455] The Atomic Energy Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission or any other person authorized to have access to Restricted Data by the Atomic Energy Commission under subsection 145b of the Atomic Energy Act of 1954 (42 U.S.C. 2165(b)), to per- mit any member, officer, or employee of the Council, or the Adminis- PAGENO="1606" 3006 AIR LAWS AXD TREATIES OF THE WORLD trator, or any officer, employee, member of an advisory committee, contractor, subcontractor, or officer or employee of a contractor or sub- contractor of the Administration, to have access to Restricted Data relating to aeronautical and space activities which is required in the performance of his duties and so certified by the Council or the Ad- ministrator. ;is the case may be, but only if (1) the Council or Admin- istrat.oi' or designee thereof has determined, in accordance with the established personnel security procedures and standards of the Coun- cil or Administration, tlia.t permitting such individual to have access to such R.estricted Data will not endanger the common defense and security, and (2) the Council or Administrator or designee thereof finds that the established personnel and other security procedures and standards of the Council or Administration are adequate and in rea- sonable conformity to the standards established by the Atomic Energy Commission under section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165). Any individual granted access to such Restricted Data pursuant to this subsection may exchange such Data with any individ- ual who (A) is a.n officer or employee of the Department of Defense, or any department or agency thereof, or a member of the armed forces, or a contractor or subcontractor of any such department, agency, or armed force, or an officer or employee of any such contractor or sub- contractor, and ~ B) has been authorized to have access to Restricted Data under the provisions of section 143 of the Atomic Energy Act of 1954 (42 U.S.C. 2163). (c) Chapter 37 of title 18 of the United States Code (entitled Espionage and Censorship) is amended by- (1) [72 Stat. 434, 18 U.S.C. 799] adding at the end thereof t.he following new section: `~ 799. Violation of regulations of National Aeronautics and Space Administration ~~WThoever willfully shall violate, attempt to violate, or conspire to violate any regulation or order promulgated by the Administrator of the National Aeronautics and Space Administration for the protection or security of any laboratory, station, base or other facility, or part thereof, or any aircraft, missile., spacecraft, or similar vehicle, or part thereof, or other property or equipment in the custody of the Admin- ist,rat.ion, or any real or personal property or equipment in the custody of any contractor under any contract with the Administration or any subcontractor of any such contractor, shall be fined not more than $5,000. or imprisoned not more than one year, or both." (2) [72 Stat. 434, 18 U.S.C. prec. § 791] adding at the end of the sectional analysis thereof the following new item: "799. Violation of regulations of National Aeronautics and Space Administration." (ci) [72 Stat. 434, 18 U.S.C. 1114] Section 1114 of title 18 of the United States Code is amended by inserting immediately before "while engaged in the performance of his official duties" the following: "or any officer or employee of the National Aeronautics and Space Ad- ministration directed to guard and protect property of the United States under the administration a.nd control of the National Aero- nautic.s and Space Administration,". (e) [72 Stat. 435, 42 U.S.C. 24~56] The Administrator may direct such of the officers and employees of the Administration as he deems PAGENO="1607" AIR LAWS AND TREATIES OF THE WORLD 3007 necessary in the 1)ubiic interest to carry firearms while in the conduct of their official duties. The Administrator may also authorize such of those eriiployees of the contractors and subcontractors of the Ad- ministration engaged in the protection of l)rOPerty owned by the United States and located at facilities owned by or contracted to the United States as he deems necessary in the. public interest, to cariv firearms while in the conduct of their official duties. PROPERTY RIGhTS IN INVEN `rIONS SEC. 305. [7~ Stat. 43~5, 42 U.S.C. 2457] (a) Whenever any invention is made in the performance of any work under any contract of the Administration, and the Administrator deterniines that- (1) the person who made the iimventioii was employed or as- signed to perforni research, development~, or exploration work and the invention is related to the work he was employed or as- signed to perform, or that it was within the scope of his employ- mnent duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Govern- inemit facilities, equipment, materials, allocated funds, informa- tion proprietary to the Government, or services of Government employees during working hours; or (2) the person who made the invention was not employed or assigned to perform research, development, or exploration work, but the invention is nevertheless related to the contract, or to the work or duties he was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in clause (1), such invention shall be the exclusive property of the United States, and if such invention is patentable a patent therefor shall be issued to the United States upon application' made by the Administrator, unless the Administrator waives all or any part of the rights of the United States to such invention in conformity with the provisions of subsection (f) of this section. (b) Each contract entered into by the Administrator with any party for the performance of any work shall contain effective provi- sions under which such party shall furnish promptly to the Admin- istrator a written report containing full and complete technical information concerning any invention, discovery, improvement, or innovation which may be made in the performance of any such work. (c) No patent may be issued to any applicant other thami the Ad- ministrator for any invention which appears to the Commissioner of Patents to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Commissioner, with the application or within thirty days after request therefor by the Commissioner, a written statement executed under oath setting forth the full facts concerning the circumstances under which such inven- tion was made and stating the relationship (if any) of such invention to the performance of any work under any contract of the Adminis- tration. Copies of each such statement and the application to which it relates shall be transmitted forthwith by the Commissioner to the Administrator. (d) Upon any application as to which any such statement has been transmitted to the Administrator, the Commissioner may, if the in- PAGENO="1608" 3008 AIR LAWS AND TREATIES OF THE WORLD vention is patentable, issue a patent to the applicant unless the Ad- ministrator, within ninety days after receipt of such application and statement, requests that such patent be issued to him on behalf of the United States. If, within such time, the Administrator files such a request with the Commissioner, the Commissioner shall transmit notice thereof to the applicant, and shall issue such patent to the Ad- ministrator unless the applicant within thirty days after receipt of such notice requests a hearing before a Board of Patent Interferences on the question whether the Administrator is entitled under this sec- tion to receive such patent. The Board may hear and determine, in accordance with rules and procedures established for interference cases, the question so presented, and its determination shall be subject to appeal by the applicant or by the Administrator to the Court of Customs and Patent Appeals in accordance with procedures gov- erning appeals from decisions of the Board of Patent Interferences in other proceedings. (e) Whenever any patent has been issued to any applicant in con- formity with subsection (d), and the Administrator thereafter has reason to believe that the statement filed by the applicant in connec- tion therewith,contained any false representation of any material fact, the Administrator within five years after the date of issuance of such patent may file with the Commissioner a request for the transfer to the Administrator of title to such patent on the records of the Com- missioner. Notice of any such request shall be transmitted by the Commissioner to the owner of record of such patent, and title to such patent shall be so transferred to the Administrator unless within thirty days after receipt of such notice such owner of record requests a hearing before a Board of Patent Interferences on the question whether any such false representation was contained in such state- ment. Such question shall be heard and determined, and determina- tion thereof shall be subject to review, in the manner prescribed by subsection (d) for questions arising thereunder. No request made by the Administrator under this subsection for the transfer of title to any patent, and no prosecution for the violation of any criminal statute, shall be barred by any failure of the Administrator to make a req~uest under subsection (d) for the issuance of such patent to him, or by any notice previously given by the Administrator stating that he had no objection to the issuance of such patent to the applicant therefor. (f) Under such regulations in conformity with this subsection as the Administrator shall prescribe, he may waive all or any part of the rights of the United States under this section with respect to any invention or class of inventions made or which may be made by any person or class of persons in the performance of any work required by any contract of the Administration if the Administrator determines that. the interests of the United States will be served thereby. Any such waiver may be made upon such terms and under such conditions as the Administrator shall determine to be required for the protection of the interests of the United States. Each such waiver made with respect to any invention shall be subject to the reservation by the Administrator of an irrevocable, nonexciusive, nontransferrable, royalty-free license for the practice of such invention throughout the world by or on behalf of the United States or any~ foreign government PAGENO="1609" AIR LAWS AND TREATIES OF THE WORLD 3009 pursuant to any treaty or agreement with the United States. Each proposal for any waiver under this subsection shall be referred to an Inventions and Contributions Board which shall be established by the Administrator within the Administration. Such Board shall accord to each interested party an opportunity for hearing, and shall transmit to the Administrator its findings of fact with respect to such proposal and its recommendations for action to be taken with respect thereto. (g) The Administrator shall determine, and promulgate regula- tions specifying, the terms and conditions upon which licenses will be granted by the Administration for the practice by any person (other than an agency of the United States) of any invention for which the Administrator holds a patent on behalf of the United States. (h) The Administrator is authorized to take all suitable and neces- sary steps to protect any invention or discovery to which he has title, and to require that contractors or persons who retain title to inventions or discoveries under this section protect the inventions or discoveries to which the Administration has or may acquire a license of use. (i) The Administration shall be considered a defense agency of the United States for the purpose of chapter 17 of title 35 of the United States Code. (j) As used in this section- (1) the term "person" means any individual, partnership, cor- poration, association, institution, or other entity; (2) the term "contract" means any actual or proposed contract, agreement, understanding, or other arrangement, and includes any assignment, substitution of parties, or subcontract executed or entered into thereunder; and (3) the term "made", when used in relation to any invention, means the conception or first actual reduction to practice of such invention. CONTRIBUTIONS AWARDS SEC. 306. [72 Stat. 457,42 U.S.C. 2458] (a) Subject to the provisions of this section, the Administrator is authorized, upon his own initiative or upon the applications of any person, to make a monetary award, in such amount and upon such terms as he shall determine to be war- ranted, to any person (as defined by section 305) for any scientific or technical contribution to the Administration which is determined by the Administrator to have significant value in the conduct of aeronau- tical and space activities. Each application made for any such award shall be referred to the Inventions and Contributions Board estab- lished under section 305 of this Act. Such Board shall accord to each such applicant an opportunity for hearing upon such application, and shall transmit to the Administrator its recommendation as to the terms of the award, if any, to be made to such applicant for such contribu- tions. In determining the terms and conditions of any award the Administrator shall take into account- (1) the value of the contribution to the United States; (2) the aggregate amount of any sums which have been ex- pended by the applicant for the development of such contribution; (3) the amount of any compensation (other than salary re- ceived for services rendered as an officer or employee of the Gov- PAGENO="1610" 3010 All LAWS AND TREATIES OF THE WORLD ernment) previously received by the applicant for or on account of the use of such contribution by the United States; and (4) such other factors as the Administrator shall determine to be material. (b) If more than one applicant under subsection (a) claims an m- terest in the same contribution, the Administrator shall ascertain and determine the respective interests of such applicants, and shall appor- tion any award to be made with respect to such contribution among such applicants in such proportions as he shall determine to be equi- table. No award may be made under subsection (a) with respect to any contribution- (1) unless the applicant surrenders, by such means as the Ad- ministrator shall determine to be effective, all claims which such applicant may have to receive any compensation (other than the award made under this section) for the use of such contribution or any element thereof at any time by or on behalf of the United States, or by or on behalf of any foreign government pursuant to any treaty or agreement with the United States, within the United States or at any other place; (2) in any amount exceeding $100,000, unless the Achninistra- tor has transmitted to the appropriate committees of the Congress a full and complete report concerning the amount and terms of, and the basis for such proposed award, and thirty calendar days of regular session of the Congress have expired after receipt of such report by such committees. APPROPRIATIONS SEC. 307. [72 Stat. 438, 42 U.S.C. 2459] (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out this Act, except that nothing in this Act shall authorize the ap- propriation of any amount for (1) the acquisition or condemnation of any real property, or (2) any other item of a capital nature (such as plant or facility acquisition, construction, or expansion) which exceeds $250,000. Sums appropriated pursuant to this subsection for the construction of facilities, or for research and development activ- ities, shall remain available until expended. (b) Any funds appropriated for the construction of facilities may be used for emergency repairs of existing facilities when such existing facilities are made inoperative by major breakdown, accident, or other circumstances and such repairs are deemed by the Administrator to be of greater urgency than the construction of new facilities. (c.) Notwithstanding any other l)rovision of law, the authorization of any appropriation to the Administration shall expire (unless an earlier expiration is specifically provided) at the close of the third fiscal year following the fiscal year in which the authorization was enacted, to the extent that such appropriation has not theretofore actually been made. PAGENO="1611" CRIMES IN YLIGHT OVER THE HIGH SEAS [Provision in TitLe .18, United &ate~ Code, 62 Stat. 685 as amended by Act of Juiy 12,1952,66 Stat. 589] PART 1.-CRIMES CHAPTER 1.-GENERAL PROVISIONS §7. SPECtAL MABITThEE AND TERRITORiAL J1JRISDICTION OF TUE UNITED STATES DEFINED The term "special maritime and territorial jurisdiction of the United States," as used in this title, includes: (1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States `and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the Interna- tional Boundary Line. (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erec- tion of a fort, magazine, arsenal, dockyard, or other needful building. (4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporat~on created by or under the laws of the United States, or any State, Territory, district, or posses- sion thereof, while such aircraft is in flight over the high seas, or over ~tny other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. 3011 PAGENO="1612" PAGENO="1613" WILLFUL DAMAGING OF AIRCRAFT [Act of July 14, 1956, 70 Stat. 538, as an~ended by Act of October 3, 1961, 75 Stat. 751] AN ACT To punish the willful damaging or destroying of aircraft or motor vehicles, and their facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 18 of the United States Code is amended by inserting immediately after section 14 thereof the following new chapter: Cll~u~rER 2.-Amca~.yr AND MOTOR VEHICLES SEC. 31. Deftnitions. 32. Destruction of aircraft or aircraft facilities. 33. Destruction of motor vehicles or motor vehicle facilities. 34. Penalty when death results. 35. Imparting or conveying false information. § 31. Definitions When used in this chapter the term- "Aircraft engine", "air navigation facility", "appliance", "civil air- craft", "foreign air commerce", "interstate air commerce", "landing area", "overseas air commerce", "propeller", and "spare part" shall have the meaning ascribed to those terms in the Civil Aeronautics Act of 1938, as amended. "Motor vehicle" means every description of carriage or other con- trivance propelled or drawn by mechanical power and used for com- mercial purposes on the highways in the transportation of passengers, or passengers and property; "Destructive substance" means any explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radio- active device or matter of a combustible, contaminative, corrosive, or explosive nature; and "Used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other under- taking intended for profit. § 32. Destruction of aircraft or aircraft facilities Whoever willfully sets fire to, damages, destroys, disables, or wrecks any civil aircraft used, operated, or employed in interstate,overseas, or foreign air commerce; or 3013 PAGENO="1614" 3014 AIR LAW~ AND TREATIES OF THE WORLD `Whoever willfully sets fire to, damages, destroys, disables, or wrecks any aircraft engine, propeller, appliance, or spare part with intent to damage, destroy, disable, or wreck any such aircraft; or `Whoever, with like intent, willfully places or causes to be placed any destructive substance in, upon, or in proximity to any such air- craft, or any aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material used or intended to be used in connection with the operation of any such aircraft, or any cargo carried or intended to be carried on any such aircraft, or other- wise makes or causes to be made any such aircraft, aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material unworkable or unusable or hazardous to work or use; or `Whoever, with like intent, willfully sets fire to, damages, destroys, disables, or wrecks, or places or causes to be placed any destructive substance in, upon, or in proximity to any shop, supply, structure, station, depot, terminal, hangar, ramp, landing area, air-navigation facility or other facility, warehouse, property, machine, or apparatus used or intended to be used in connection with the operation, loading, or unloading of any such aircraft or making any such aircraft ready for flight, or otherwise makes or causes to be made any such shop, supply, structure, station, depot, terminal, hangar, ramp, landing areaq air-navigation facility or other facility, warehouse, property, machine, or apparatus unworkable or unusable or hazardous to work or use; or `Whoever, with like intent, willfully incapacitates any member of the crew of any such aircraft; or `Whoever willfully attempts to do any of the aforesaid acts or things- shall be fined not more than $10,000 or imprisoned not more than t.wenty years, or both. § 33. Destruction of motor vehicles or motor vehicle facilities Whoever willfully, with intent to endanger t.he safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation; or Whoever willfully, with like intent, damages, disables, destroys, sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in. proximity to any garage, terminal, structure, supply. or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or Whoever, with like intent, willfully disables or incapacitates any driver or person employed in connection with the operation or main- tenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; or WThoever willfully attempts to do any of the aforesaid acts- shall be ftned not more than $10,000 or imprisoned not more than twenty years, or both. PAGENO="1615" AIR LA\V~ AXD TREATIES~ OF THE WORLD 3015 § 84. Penalty when death results Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisomnent for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in. its discretion shall so order. § 85. Imparting or conveying false information (a) Whoever imparts or conveys or causes to be imparted or con- veyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be fined not more than $1,000, or imprisoned not more than one year, or both. (b) Whoever wilfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be im- parted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title-shall be fined not more than $5,000, or imprisoned not more than five years, or both. SEC. 2. The part analysis preceding chapter 1 of title 18, United States Code, is amended by mserting between chapters 1 and 3 the following item: 2. Aircraft and motor vehicles 81 PAGENO="1616" PAGENO="1617" COMMUNICATIONS SATELLITE ACT OF 1962 [Act of August 31, 1962; 76 Stat. 419.] ~n ~it To provide for tue establishment, ownership, operation, and regulation of a commercial communications satellite system, and for other purposes. Be it enacted by the Senate and House of Representatives of th United States of America in Congress assembled, TITLE I-SHORT TITLE, DECLARATION OF POLICY AND DEFINITIONS SHORT TITLE SEC. 101. This Act may be cited as the "Communications Satellite Co~mnjcatjo~ Act of 1962". Satellite Act DECLARATION OF POLICY AND PURPOSE of 1962. SEC. 102. (a) The Congress hereby declares that it is the policy of the United States to establish, in conjunction and in cooperation with other countries, as expeditiously as practicable a commercial communi- cations satellite system, as part of an improved global communications network, which will be responsive to public needs and national ob- jectives, which will serve the communication needs of the United States and other countries, and which will contribute to world peace and understanding. (b) The new and expanded telecommunication services are to be made available as promptly as possible and are to be extended to pro- vide global coverage at the earliest practicable date. In effectuating this program, care and attention will be directed toward providing such services to economically less developed countries and areas as well as those more highly developed, toward efficient and economical use of the electromagnetic frequency spectrum, and toward the reflec- tion of the benefits of this new technology in both quality of services and charges for such services. (c) In order to facilitate this development and to provide for the widest possib~e participation by private enterprise, United States participation in the global system shall ~be in the form of a private corporation, subject to appropriate governmental regulation. It is the intent of Congress that all authorized users shall have nondiscrim- inatory access to the system; that maximum competition be maintained in the provision of equipment and services utilized by the system; that the corporation created under this Act be so organized and operated as to maintain and strengthen competition in the provision of commu- nicat~ons services to the public; and that the activities of the corpora- tion created under this Act and of the persons or companies partici- pating in the ownership of the corporation shall be consistent with the Federal antitrust laws. (d) It is not the intent of Congress by tnis Act to preclude the use of the commun~cations satellite system for domestic communication services where consistent with the provisions of this Act nor to pre- clude the creation of additional communications satellite systems, if required to meet unique governmental needs or if otherwise required in the national interest. DEFINITIONS SEC. 103. As used in this Act, and unless the context othet~wise requires- (1) the term "communications satellite system" refers to a sys- tem of communications satellites in space whose purpose is to relay telecommunication information between satellite terminal sta- 3017 39-737 0-65-vol. II-102 PAGENO="1618" 3018 AIR LAWS AND TREATIES OF THE WORLD tions, together with such associated equipment and facilities for tracking, guidance, control, and command functions as are not part of the generalized launching, tracking, control, and command facilities for all space purposes; (2) the term "satellite terminal station" refers to a complex of communication equipment located on the earth's surf ace, opera- tionally connected with one or more terrestrial communication systems, and capable of transw.itting telecommunications to or receiving telecommunications from a communications satellite system. (3) the term "communications satellite" means an earth satel- lite which is intentionally used to relay telecommunication in- formation; (4) the term "associated equipment and facilities" refers to facilities other than satellite terminal stations and communica- tions satellites, to be constructed and operated for the primary purj~ose of a communications satellite system, whether for ad- ministration and management, for research and development, or for direct support of space operations; (5) the term "research and development" refers to the concep- tion, design, and first creation of experimental or prototype operational devices for the operation of a communications satel- lite system, including the assembly of separate components into a working whole, as distinguished from the term "production," which relates to the construction of such devices to fixed specifi- cations compatible with repetitive duplication for operational applications; and (6) the term "telecommunication" means any transmission, emission or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical, or other elect romagrietic systems. (1) the term "communications common carrier" has the same meaning as the term "common carrier" has when used in the 48 Stat. 1064. Communications Act of 1934, as amended, and in addition in- 47 USC 609. eludes, but only for purposes of sections 303 and 304, any indi- vidual, partnership, association, joint-stock company, trust, cor- poration, or other entity which owns or controls, directly or in- directly, or is under direct or indirect common control with, any such carrier; and the term "authorized carrier", except as other- wise provided for purposes of section 304 by section 304(b) (1), means a communications common carrier which has been au- thorized by the Federal Communications Commission under the Communications Act of 1934, as amended, to provide services by means of communications satellites; (8) the term "corporation" means the corporation authorized by title III of this Act. (9) the term "Administration" means the National Aeronau- tics and Space Administration; and (10) the term "Commission" means the Federal Communica- tions Commission. PAGENO="1619" AIR LAWS AND TREATIES OF THE WORLD 3019 TITLE II-FEI)ERAL COORDINATION, PLANNING, AND REGULATION IMPLEMENTATION OF POLICY SEC. 201. In order to achieve the objectives and to carry out the purposes of this Act- (a) the President shall- (1) aid in the planning and development and foster the execution of a national program for the establishment and operation, as expeditiously as possible, of a commercial com- munications satellite system; (2) provide for continuous review of all phases of the development and operation of such a system, including the activities of a communications satellite corporation author- ized under title III of this Act; (3) coordinate the activities of governmental agencies with responsibilities in the field of telecommunication, so as to insure that there is full ~ind effective compliance at all times with the policies set forth in this Act; (4) exercise such supervision over re]ationships of the corporation with foreign governments or entities or with international bodies as may be appropriate to assure that such relationships shall be consistent with the national interest and foreign policy of the United States; (5) insure that timely arrangements are made under which there can be foreign participation in the establishment and use of a communications satellite system; (6) take all necessary steps to insure the availability and appropriate utilization of the communications satellite sys- tem for general governmental purposes except where a sep- arate communications satellite system is required to meet unique governmental needs, or is otherwise required in the national interest; and (7) so exercise his authority as to help attain coordinated and efficient use of the electromagnetic spectrum and the technical compatibility of the system with existing com- munications facilities both in the United States and abroad. (b) the National Aeronautics and Space Administration shall- (1) advise the Commission on technical characteristics of the communications satellite system; (2) cooperate with the corporation in research and de- velopment to the extent deemed appropriate by the Admin- ist rat ion in the public interest; (3) assist the corporation in the conduct of its research and development program by furnishing to the corporation, when requested, on a reimbursable basis, such satellite launch- ing and associated services as the Administration deems nec- essary for the most expeditious and economical development of the communications satellite system; (4) consult with the corporation with respect to the tech- nical characteristics of the communications satellite system; (5) furnish to the corporation, on request and on a reim- bursable basis, satellite launching and associated services re- quired for the establishment, operation, and maintenance of the communications satellite system approved by the Commission; and PAGENO="1620" 3020 AIR LAWS AND TREATIES OF THE WORLD (6) to the extent feasible, furnish other services, on a reim- bursable basis, to the corporation in connection with the establishment and operation of the system. (c) the Federal Communications Commission, in its adminis- tration of the l)ro1~isio1is of the Communications Act of 1934, as 48 Stat. 1064. amended, and as supplemented by this Act, shall- 47 usc 609. (1) insure effective competition, including the use of com- petitive bidding where appropriate, in the procurement by the corporation and communications common carriers of a - paratus, equipment, and services required for the establis - ment and operation of the communications satellite system and satellite terminal stations; and the Commission shall consult with the Small Business Administration and solicit its recommendations on measures and procedures which will insure that small business concerns are given an equitable op- portunity to share in the procurement program of the corpo- ration for property and services, including but not limited to research, development, cohstruction, maintenance, and repair. (2) insure that all present and future authorized carriers' shall have nondiscriminatory use of, and equitable access to, the communications satellite system and satellite terminal stations under just and reasonable charges, classifications, practices, regulations, and other terms and conditions and regulate the irianner in which available facilities of the sys- tem and stations are allocated among such users thereof; (3) in any case where the Secretary of State, after obtain- ing the advice of the Administration as to technical feasi- bility, has advised that commercial communication to a par- ticular foreign point by means of the communications satellite system and satellite terminal stations should be established in the national interest, institute forthwith appropriate pro- ceedings under section 214(d) of the Communications Act of 57 Stat. 12. 1934, as amended, to require the establishment of such corn- 47 US~ 214. munication by the corporation and the appropriate common carrier or carriers; (4) insure that facilities of the communications satellite system and satellite terminal stations are technically compat- ible and interconnected operationally with each other and with existing communications facilities; (5) prescribe such accounting regulations and systems and engage in such ratemaking procedures as will insure that any economies made possible by a communications satellite system are appropriately reflected in rates for public communication services; (6) approve technical characteristics of the operational communications satellite system to be employed by the cor- poration and of the satellite terminal stations; and (7) grant appropriate authorizations for the construction and operation of each satellite terminal station, either to the corporation or to one or more authorized carriers or to the corporation and one or more such carriers jointly, as will best serve the public interest; conveni~nce, and necessity. Ir~ de- termining the public interest, convenience, and necessity the Commission shall authorize the construction and operation of such stations by communications common carriers or the corporation, without preference to either; (8) authorize the corporation to issue any shares of capital stock, except the initial issue of capital stock referred to in section 304 (a), or to borrow any moneys, or to assume any PAGENO="1621" AIR J~A\V~ AND TREATIES OF THE WORLD 3021 obligation in respect of the securities of any other person, upon a finding that such issuance, borrowing, or assumption is compatible with the public interest, convenience, and neces- sity and is necessary or appropriate for or consistent with carrying out the purposes and objectives of this Act by the corporation; (9) insure that no substantial additions are made by the corporation or carriers with respect to facilities of the system or satellite terminal stations unless such additions are re- quired by the public interest, convenience, and necessity; (10) require, in accordance with the procedural require- ments of section 214 of the Communications Act of 1934, as amended, that additions be made by the corporation or car- 57 Stat. 11, riers with respect to facilities of the system or satellite 47 USC 214. terminal stations where such additions would serve the pub- lic interest, convenience, and necessity; and (11) make rules and regulations to carry out the pro- visions of this Act. TITLE Ill-CREATION OF A COMMUNICATIONS SATELLITE CORPORATION CREATION OF CORPORATION SEc. 301. There is hereby authorized to be created a communica- tions satellite corporation for profit which will not be an agency or establishment of the United States Government. The corporation shall be subject to the provisions of this Act and, to the extent con- .sistent with this Act, to the District of Columbia Business Corporation Act. The right to repeal, alter, or amend this Act at any time is 68 Stat. 177. expressly reserved. 0. C. Code PROCESS OF ORGANIZ.~TIoN 29-901. S~;c. 302. The President of the United States shall appoint incor~ polators, by and with the advice and consent of the Senate, who shall serve as the initial board of directors until the first annual meeting of stockholders or until their successors are elected and qualified. Such incorporators shall arrange for an initial stock offering and take whatever other actions are necessary to establish the corporation, including the filing of articles of incorporation, as approved by the President. DIRECTORS AND OFFICERS SEC. 303. (a) The corporation shall have a board of directors con- sisting of individuals who are citizens of the United States, of whom one shall be elected animally by the board to serve as chairman. Three members of the board shall be appointed by the President of the United States, by and with the advice and consent of the Senate, effective the date on which the other members are elected, and for terms of three years or until their successors have been appointed and qualified, ex- cept that the first three members of the board so appointed shall continue in office for terms of one, two, and three years, respectively, and any member so appointed to fill a vacancy shall be appointed only for the unexpired term of the director whom he succeeds. Six mem- heis of the board shall be elected annually by those stockholderg who are communications common carriers and six shall be elected annually by the other stockholders of the corporation. No stockholder who is a communications common carrier and no trustee for such a stock- holder shall vote, either directly or indirectly, through the votes of sUl)sidiaries or affiliated companies, nominees, or any persons subject to PAGENO="1622" 3022 AIR LAWS AXD TREATIES OF THE WORLD his direction or control, for more than three candidates for member- ship on the board. Subject to such limitation1 the articles of incor- poration to be filed by the incorporators designated under section 302 shall provide for cumulative voting under section 27(d) of the District of Columbia Business Corporation Act (D.C. Code, sec. 68 Stat. 191. 29-911(d)). (b) The corporation shall have a president, and such other officers as may be named and appointed by the board, at rates of compensation fixed by the board, and serving at the pleasure of the board. No in- dividual other than a citizen the United States may be an officer of the corporation. No office )f the corporation shall receive any salary from any source other t ~n the corporation during the period of his employment by the corpo ~tion. FINANCING t THE COnPORATION SEC. 304. (a) The corporation is authorized to issue and have out- standing, in such amounts as it shall determine, shares of capital stock, without par value, which shall carry voting rights and be eligible for dividends. The shares of such stock initially offered shall be sold at a price not in excess of $100 for each share and in a manner to en- courage the widest distribution to the American public. Subject to the provisions of subsections (b) and (d) of this section, shares of stock offered under this subsection may be issued to and held by any person. "Authorized (b) (1) For the purposes of this section the term "authorized car- carrier." rier" shall mean a communications common carrier which is specifi- cally authorized or which is a member of a class of carriers authorized by the Commission to own shares of stock in the corporation upon a finding that such ownership will be consistent with the public interest, convenience, and necessity. (2) Only those communications common carriers which are author- ized carriers shall own shares of stock in the corporation at any time, and no other communications common carrier shall own shares either directly or indirectly through subsidiaries or affiliated companies, nominees, or any persons subject to its direction or control. Fifty per centum of the shares of stock authorized for issuance at any time by the corporation shall be reserved for purchase by authorized car- riers and such carriers shall in the aggregate be entitled to make pur- chases of the reserved shares in a total number not exceeding the total number of the nonreserved shares of any issue purchased by other persons. At no time after the initial issue is completed shall the ag- gregate of the shares of voting stock of the corporation owned by authorized carriers directly or indirectly through subsidiaries or affiliated companies, nominees, or any persons subject to their direc- tion or control exceed 50 per centum of such shares issued and out- standing. (3) At no time shall any stockholder who is not an authorized carrier, or any syndicate or affiliated group of such stockholders, own more than 10 per centum of the shares of voting stock of the corpora- tion issued and outstanding. (c) The corporation is authorized to issue, in addition to the stock nuthorized by subsection (a) of this section, nonvoting securities, bonds, debentures, and other certificates of indebtedness as it may determine. Such nonvoting securities, bonds, debentures, or other certificates of indebtedness of the corporation as a communications common carrier may own shall be eligible for inclusion in the rate base of the carrier to the extent allowed by the Commission. Th~ ~t- PAGENO="1623" AIR LAWS AND TREATIES OF THE WORLD 3023 ing stock of the corporation shall not be eligible for inclusion in the rate base of the carrier. (d) Not more than an aggregate of 20 per centum of the shares of stock of the corporation authorized by subsection (a) of this section which are held by holders other than authorized carriers may be held by persons of the classes described in paragraphs (1), (2), (3), (4), and (5) of section 310(a) of the Comniunications Act of 1934, as amended (47 U.S.C. 310). 48 Stat. 1086. (e) The requirement of section 45(b) of the District of Columbia Business Corporation Act (D.C. Code, sec. 29-920(b)) as to the 68 Stat. 197. percentage of stock which a stockholder must hold in order to have the rightsof inspection and copying set forth in that subsection shall not be applicable in the case of holders of the stock of the corporation, and they may exercise such rights without regard to the percentage of stock they hold. (f) Upon application to the Commission by any authorized carrier and after notice and hearing, the Commission may compel any other authorized carrier which owns shares of stock in the corporation to transfer to the applicant, for a fair and reasonable consideration, a number of such shares as the Commission determines will advance the public interest and the purposes of this Act. In its determination with respect to ownership of shares of stock in the corporation, the Commission, whenever consistent with the public interest, shall pro- mote the widest possible distribution of stock among the authorized carriers. PURPOSES AND POWERS OF TIlE CORPORATION SEc. 305. (a) In order to achieve the objectives avid to carry out the pin~poses of this Act, the corporation is authorized to- (1) plan, initiate, construct, own, manage, and operate itself or in conjunction with foreign governments or business entities a commercial communications satellite system; (2) furnish, for hire, channels of communication to United States communications common carriers and to other authorized entities, foreign and domestic; and (3) own and operate satellite terminal stations when lk~nsed by the Commission under section 201 (c) (7). (b) Included in the activities authorized to the corporation for accomplishment of the purposes indicated in subsection (a) of this section, are, among others not specifically named- (1) to conduct or contract for research and development re- lated to its mission; (2) to acquire the physical facilities, equipment and devices necessary to its operations, including communications satellites and associated equipment and facilities, whether by construction, purchase, or gift; (3) to purchase satellite launching and related services from the United States Government; (4) to contract with authorized users, including the United States Government, for the services of the communications satel- lite system; and (5) to develop plans for the technical specifications of all elements of the communications satellite system. (c) To carry out the foregoing purposes, the corporation shall have the usual powers conferred upon a stock corporation by the District of Columbia Business Corporation Act. 68 Stat. 177. D. C. Code 29-901. PAGENO="1624" 3024 AIR LAWS AND TREATIES OF THE WORLD TITLE TV-MISCELLANEOUS APPLICABILITY OF COMMVNICATIONS ACT OF 1934 SEC. 401. The corporation shall be deemed to be a common carrier within the meaning of section 3(h) of the Communications Act of 48 Stat. 1066. 1934, as amended, and as such shall be fully subject to the provisions 47 USC 153. of title II and title III of that Act. The provision of satellite 48 Stat. 1070; terminal station facilities by one communication common carrier to ~ p. 54. one or more other communications common carriers shall be deemed to 222 301..391 be a common carrier activity full~r subject to the Communications Act. Whenever the application of the provisions of this Act shall be inconsistent~ with the application of the provisions of the Com- munications Act, the provisions of this Act shall govern. NOTICE OF FOREIGN BUSINESS NEGOTIATIONS SEC. 402. Whenever the corporation shall enter into business nego- i iations with respect to facilities, operations, or services authorized by this Act with any international or foreign entity, it shall notify the Department of State of the negotiations, and the Department of State shall advise the corporation of relevant foreign policy consid- erations. Throughout such negotiations the corporation shall keep the Department of State informed with respect to such considerations. The corporation may request the Department of State to assist in the negotiations, and that Department shall render such assistance as may be appropriate. SANCTIONS SEc. 403. (a) If the corporation created pursuant to this Act shall engage in or adhere to any action, practices, or policies inconsistent with the policy and purposes declared in section 1OQ of this Act, or if the corporation or any other person shall violate any provision of this Act, or shall obstruct or interfere with any activities authorized by this Act, or shall refuse, fail, or neglect to discharge his duties and responsibilities under this Act, or shall threaten any such violation, obstruction, interference, refusal, failure, or neglect, the district court. of the United States for any district in which such corporation or other person resides or may be found shall have jurisdiction, except as otherwise prohibited by law, upon petition of the Attorney General of the United States, to grant such equitable relief as may be necessary or appropriate to prevent or terminate such conduct or threat. (b) Nothing contained in this section shall be construed as relieving any person of any punishment, liability, or sanction which may be imposed otherwise than under this Act. (c) It shall be the duty of the corporation and all communications common carriers to comply, insofar as applicable, with all provisions of this Act and all rules and regulations promulgated thereunder. REPORTS TO THE CONGRESS SEC. 404. (a) The President shall transmit to the Congress in January of each year a report which shall include a comprehensive description of the activities and accomplishments during the preceding calendar year under the national program referred to in section 201 (a) (1), together with an evaluation of such activities and accom- plishments in terms of the attainment of the objectives of this Act and any recommendations for additional legislative or other action which the President may consider necessary or desirable for the attain- ment of such objectives. PAGENO="1625" AIR LAWS AND TREATIES OF THE WORLD 3025 (b) The corporation shall transmit to the President and the (~ongress, annually and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act. (~) The Commission shall transmit to the Congress, annually and at such other times as it deems desirable, (i) a report of its activities and actions on anticompetitive practices as they apply to the corn- niunications satellite programs; (ii) an evaluation of such activities and actions taken by it within the scope of its authority with a view to recommending such additional legislation which the Commission may consider necessary in the public interest; and (iii) an evaluation of the capital structure of the corporation so as to assure the Congress that such structure is consistent with the most efficient and economical operat ion of the corporation. Approved August 31, 1962 PAGENO="1626" 3026 AIR LAWS AND TREATIES OF THE WORLD EXECUTIVE ORDER NO. 10854 EXTENSION OF THE APPLICATION OF THE FEDERAL AVIATION ACT OF 1958 By virtue of the authority vested in me by section 1110 of the Fed- eral Aviation Act of 1958 (~2 Stat. 800: 49 U.S.C. 1510), and as President of the United States, and having determined that such action would be in the national interest. I hereby order as follows: The application of the Federal Aviation Act. of 1958 (T2 Stat. 731; 49 U.S.C. 1301 et .c~eq.) to the extent necessary to permit the Adminis- trator of the Federal Aviation Agency to accomplish the purposes and objectives of Titles III and XII thereof (49 U.S.C. 1341-1355 and 1521-1523). is hereby extended to those areas of land or water outside the United States and the overlaying airspace thereof over or in which the Federal Government of the ITnited States, under inter- national treaty. agreement or other lawful arrangement, has appro- priate jurisdiction or control: Provided, that the Administrator, prior to taking any action under the authority hereby conferred, shall first consult with the Secretary of State on matters affeeting foreign rela- tions, and with the Secretary of Defense on matters affecting national- defense interests, and shall not take any action which the Secretary of State determines to be in conflict with any international treaty or agreement. to which the United States is a party, or to be inconsistent with the successful conduct of the foreign relations of the United States, or which the Secretary of Defense determines to be inconsistent with the requirements of national defense. DWIGHT D. EISENHOWER. THE WHITE HOrSE. November 27. 19.59. EXECUTIVE ORDER NO. 11161 July 8. 1964, 29 F.R. 9317 RELATING TO CERTAIN RELATIONSHIPS BETWEEN THE DEPARTMENT OF DEFENSE AND THE FEDERAL AVIA- TION AGENCY WHEREAS Section 302(e) of the Federal Aviation Act of .1958 provides, in part. that in the event of war the President by Executive order may transfer to the Department of Defense any functions (in- eluding powers, duties, activities, facilities, and parts of functions) of the Federal Aviation Agency: and WHEREAS it appears that the defense. of the United States would require t.he transfer of the Federal Aviation Agency t.o the Department of Defense in the event of war: and PAGENO="1627" AIR LAWS AND TREATIES OF THE WORLD 3027 `%\T}JEREk~S if any such transfer were to be made it would be essen- tial to the defense of the United States that the transition be accom- plished promptly and with maximum ease and effectiveness; and WHEREAS these objectives require that the relationships that would obtain in the event of such a transfer as between the Federal Aviation Agency and the Department of Defense be understood in advance by the two agencies concerned and be developed in necessary detail by them in advance of transfer: NOWT. THEREFORE, by yii~tue of the authority vested in me by Section 302(e) (T2 Stat. 74~: 49 U.S.C. 1343(c) ),1 and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows: SECTION 1. The. Secretary of Defense and the Administrator of the Federal Aviation Agency are hereby directed to prepare and develop plans, procedures. policies, programs. and courses of action in antici- pation of the probable transfer of the Federal Aviation Agency to the Department of Defense in the event of war. Those plans, policies. procedures, programs, and courses of action shall he prepared and developed in conformity with the following-described standards and. conditions- (A) The Federal Aviation Agency will function as an adjunct of the Department of Defense with the Administrator of the Federal Aviation Agency being responsible directly to the Secretary of De- fense and subject. to his authority, direction, and control to the extent. deemed by the Secretary to be necessary for the discharge of his responsibilities as Secretary of Defense. (B) To the extent deemed by the Secretary of Defe.nse to be necessary for the accomplishment, of the military mission, he will be empowered to direct the Administrator to place operational elements of the Federal Aviation Agency under the direct operational control of appropriate military commanders. (C) While functioning as an adjunct. of the Department. of De- fense, the Federal Aviation Agency will remain organizationally int.act and the Administrator thereof will retain responsibility for administration of his statutory functions, subject to t.he authority, direction, a.nd control of the Secretary of Defense t.o the extent deemed by the Secretary t.o be. necessary for the discharge of his responsibilities as Secretary of Defense. SEC. 2. Tn furtherance of the. objectives of the foregoing provisions of this order, the Secretary and the Administrator shall, to the extent permitted by law, make such arrangements and take such actions as they deem necessary to assure- (A) That the functions of the Federal Aviation Agency are I)er- foriried during any period of national emergency short of war in a manner that will assure that essential national defense requirements will be satisfied during any such period of national emergency. (B) Consistent with the provisions of paragraphs (A), (B), and (C) of Sec.t.ion 1 of this order, that any transfer of the Federal Aviation Agenc.y to the Department of Defense, in the event of war, ~ 49 U.S.C.A. § 1343(c). PAGENO="1628" 3028 AIR LAWS AND TREATIES OF THE WORLD will be accomplished smoothly and rapidly and effective operation of the agencies and functions affected by the transfer will be achieved after the transfer. LYNDON B. JOHNSON. THE WHITE HousE, July 7, 1~4. PAGENO="1629" UPPER VOLTA Preli~irtinary Upper Volta continues to operate under the French Code of Civil and Commercial Aviation. There is, however, a decree providing for registration of aircraft. A more extensive air law has been drafted, based on the air law of Senegal as discussed at the Bangui Confer- ence of the Union of Metropolitan Africa. While this draft law has been submitted to the Ministry of Public Works and Transport, no immediate enactment is anticipated. DECREE No. 237/PRES/TP, JUNE 29, 1962, CONCERNING REGIsm~k- TION OF AIRCRAFT Art. 1. There is created a Volta register in which shall be regis- tered any aircraft the owners of which fulfill the conditions set forth in Article 2 below. Such register shall be under the jurisdiction of the Minister in charge of civil aviation under such conditions as he may prescribe by ordinance. Art. 2. In such register there shall be registered aircraft owned by natural or legal persons of Volta nationality. Provided there is an authorization granted by ordinance of the Minister in charge of civil aviation, there may also be registered in such register aircraft owned by national or legal persons of foreign nationality who are domiciled in TJpper Volta. Art. 3. Aircraft. registered abroad may not be registered in the Volta register except after proof of cancellation of its registration in the foreign register. Aircraft registered in Upper Volta shall be stricken from the Volta register when the owner thereof registers it abroad. Art. 4. Only aircraft possessing a valid airworthiness certificate may be registered in the register, except in cases where the regulations do not provide for issuance of such certificate. Art. 5. Registration in the register shall determine the nationality and identity of the aircraft. It shall be shown by issuance of a reg- istration certificate which must be kept abroad at all times when the aircraft is in service. The regist.ration certificate shall be in the form established in t.he model attached to this decree.~ Art. 6. The register and the registration certificate shall contain: 1) Nationality and registr.ation marks of the aircraft; 2) date of registration; 3) description of the aircraft (name of manufacturer, desig- nation of the aircraft. by the manufacturer, type and serial num- ber; 1 Omitted here. 3029 PAGENO="1630" 3030 AIR LAWS AND TREATIES OF THE WORLD 4) name and domicile of the owner; 5) registration number; 6) home port of the aircraft. Art. 7. Aircraft must bear, in an easily visible manner, the national- ity and registration marks shown in the registration certificate. The. nationality mark shall he represented by the Capital letters "XT~'. It shall precede the registration mark. The registration mark shall consist of a group of three letters. It shall be separated by a hyphen from the nationality mark. A rt. 8. The letreis constituting the nr~tiona1ity and registration marks shall he l)ainted on the aircraft or otherwise affixed in a manner ensuring the same degree of perma1~er1ce. They shall always be kept clean and visible. Placement. form, and size of the letters shall be determined by ordinance of the Minister iii charge of civil aviation. Art. 9. Every aircraft must have an identification plaque on which shall he engraved. am least, its nationality and registration marks. Such plaque must he made of metal or other fireproof material. It shall be affixed to the aircraft at mm easily visible place near the main door. Art. 10. Events to he recorded in the register and to be mentioned in the registration certificate, are the following: 1) registration of the aircraft; 2) change in ownership: 3) charter of the aircraft: 4) acts establishing a mortgage on the aircraft; 5) attachments: 6) cancellation of a mortgage, an attachment, or a charter; T) any change in the characteristics of the aircraft; 8) cancellation of registration of the. aircraft. The manlier of recordation of such events shall be specified by ordinance of the Minister iii charge of civil aviation. Art. 11. Becordation of such events may be subject to the levy of fees and stamp costs under the conditions determined by ordinance of the Minister in charge of civil aviation in accord with the Minister of Finance. A it. 12. The register ~hall be public and anyone may obtain a certi- fied copy of the information contained therein upon written request macic to the. anlhoritv in charge of the register. Art. 13. The Minister of Public Works. Construction, and Trans- port. and the Minister of Finance, each within his respective juris- diction. shall enforce this decree which shall be published in the Jrnirnii7 O~ir'ie7 of the Republic of Fpper Volta. PAGENO="1631" URUGUAY CODE OF AERONAUTICAL LAW' PRELIMINARY TITLE Article 1. The State exercises complete and exclusive sovereignty over the air space above its territory and territorial waters. Article 2. National aviation law shall consist of this Aeronautical Code and any regulations to be enacted. Article S. Uruguayan law shall govern all acts taking place within the national territory, its territorial waters, or the corresponding air space on board an aircraft in flight or on the ground, or those caused by any action of t.he craft afferting persons or property outside the craft. This law shall govern all acts taking place on board an Urn- guayan aircraft when they occur in waters or air space which are not within such jurisdiction. Article 4. Civil Aeronautics shall be understood to be the aerial ac- tivity of aircraft and their auxiliary services, which belong to an in- dividual or a corporation, or to the State, provided in the latter case that they are other than in military service. Article 5. The administrative application of the Aeronautical Code shall be the responsibility of the Ministry of National Defense, through the Bureau of Civil Aeronautics. Article 6. Air traffic shall be considered to be a public utility. Article 7. Foreign military aircraft and their crews shall enjoy on national soil the same privileges and immunities granted by domestic law and principles of public international law to foreign war vessels and their crews stationed in the territorial waters of the Republic. Their acts with respect to traffic, persons or property on national ter- ritory shall be governed by this Code. Article 8. Real rights (mortgages) or preferred credits on aircraft shall be governed by the law of the country of registration, with the exception of amounts accepted to cover expenses of the last trip, which shall be governed by the law of the place of contract. Article 9. Change of nationality shall not prejudice previously ac- quired rights, unless it concerns acquisition of Fru~uayan nationality. in which event the rights arising out of acts or facts occurring or per- formed on national territory shall be given preference over those of creditors residing abroad. Article 10. Matters relating to the arrest of persons, attachment or embargo of aircraft or of goods transported thereon, shall be governed by the law of the place where the aircraft is found. Article 11. Provisions which prohibit or limit liability of carriers and those referring to national jurisdiction arc considered to affect public order. I Promulgated by Decree-law 10.288 of December 3, 1942. published in Regi8tro Nacional de Leyes y DecretoR, 1942, p. 1466. 3031 PAGENO="1632" 3032 AIR LAWS AND TREATIES OF THE WORLD Article 12. Aircraft flying over national territory shall, without ex- ception, be obliged to land on land or water immediately upon receiv- rng the order to do so communicated from land or air by means of slgnals to be defined in the regulations. Failure to obey the order shall give the right to use force in the cases and under the circumstances to be established by the Executive Power, and the State shall be relieved from any liability for damages and injuries which may occur. BOOK I. Prn3LIC AIR LAW TITLE I. AIRCRAFT Chapter!. Definition and Classification Article 13. An aircraft is any contrivance capable of transporting persons or things by air. Article 14. Aircraft shall be classed as public and private. Public aircraft are: A) Military. B) State aircraft in public service. Aircraft not owned fry the State. but temporarily allocated to one of the mentioned services, shall also be deemed public aircraft. Private aircraft, even when they are State-owned are those which do not perform any public service or are not allocated to same, as well as those which are private and commercial. Sanitary aircraft are those permanently allocated to health services. Auxiliary sanitary aircraft are those rendering health services on a temporary basis and only for the duration thereof. The Executive Power may grant. preferential treatment. to sanitary aircraft. Article 15. Private aircraft are those which are not used for a com- mercial purpose, directly or indirectly, regardless of the kind of the owner or owners. Article 16. Commercial aircraft are those intended for carriage of persons, mail, cargo or which are generally used in scheduled or non- scheduled service of profit to the owner. Chapter!!. Nationality of Aircraft Article 17. Aircraft possess the nationality of the State in which they are registered. Aircraft possess llTruguayan nationality when they are recorded in the National Aircraft Register. Article 18. No aircraft may fly over national territory or its terri- torial waters without being registered. The sole exception shall be test. flights, provided that a special license has been obtained in advance in the manner provided in the regulations. Article 19. Aircraft registered in the Republic shall lose their na- tionality if they are registered in a foreign country, or when they fail to fulfill the requirements established in the following chapter. Chapter!!!. Nati~nai Aircraft Register Article 20. Public. aircraft, with the exception of military aircraft, and private aircraft without. exception, must be registered in the National Aircraft Register. PAGENO="1633" AIR LAWS AND TREATIES OF THE WORLD 3033 Article 21. The National Aircraft Registe.r shall be public and the Executive Power shall regulate its functions. Article 22. To register an aircraft in the National Aircraft Register, the owner or owners or their legally constituted representatives, must exhibit the sales contract or a certified copy thereof, or any other docu- ment which will prove ownership. Article 23. The National Aircraft Register shall contain the name and domicile of the owner or owners, and all data stipulated in the regulations. Article 24. Any act or fact which alters or may alter the legal status of an aircraft shall be recorded in the National Aircraft Register and be noted on the registration certificate. The interested parties shall initiate the procedure in the Bureau of Civil Aeronautics within a period of fifteen days. Article 25. Foreign aircraft may not be registered in the National Aircraft Register, without prior certification that the previous regis- tration has been cancelled. Illegal registration shall not exonerate its owner from the conse- quences of any acts or facts which produce legal effects within the country. Chapter IV. Requirements for Ownership Article 26. In order for private aircraft to be registered in the National Aircraft Register, it shall be necessary: 1) That they belong to persons domiciled in the Republic and that such persons own more than one half of the value of the air- craft. ~) That they belong to a corporation with headquarters in the Republic, the majority of those members represents more than one-half of the value of the aircraft. 3) That they belong to partnerships or corporations domiciled in the country, whose director and at least one over one-half of its administrators are domiciled oii national territory. Chapter V. JIarZ~ings Article 27. Public or private aircraft must carry distinctive mark- ings permitting identification in flight. Military aircraft may omit distinctive markings when the respective authorities so order. Article 28. Aircraft exclusively used in public service shall bear special markings. Article 29. The marks, their location, size, color, etc. shall be estab- lished by regulatory decree of the Executive. Article 30. Public and private aircraft must carry a metallic plate with the name and domicile of the owimer and the marks of nationality and registration. Clwpter VI. Thilocom il~ Ufl ~1(!tiO1~N Article 31. Regulations shall define the cases in which aircraft must be equipped with radiot.ransniission stations and a radio operator theref or. 39-73T-65-vom. II--103 PAGENO="1634" 3034 AIR LAWS AND TREATIES OF THE WORLD Chapter VII. Technical In~ipection Article 32. National public aircraft with the exception of the mili- tary aircraft, and private aircraft, both national and foreign, must be inspected by personnel of the. respective authorities, whenever this is considered pi'oper. In cases of dismantling because of accident, general repair or over- hauling aircraft may not fly again until they have been inspected. TITLE II. FLIGHT PERSONNEL Ckapter I. Definition A eticle 33. The following shall be deemed flight personnel: A) Commanders, pilots, traffic officers, mechanics and teleg- raphers serving on board any aircraft. B) Auxiliary personnel in air navigation shall be deemed per- sons rendering services of any other category. Chapter II. Qualiflcatioi~s Article 34. Flight personnel must hold licenses of competency and permits to practice their professions, in the manner established in the regulation. The latter requirement must be observed also by all auxiliary personnel. Article 35. Licenses of competency granted abroad shall be valid in the Republic when so provided by an International Convention, or may be validated hr the competent authority. Article 36. Flight personnel on aircraft of foreign registration, in transit through the Republic, and for the duration of such trip shall be competent to fly with the license of competency and permit of their own country. Article 37. Only tTruguayan citizens may hold positions on national aircraft, unless there is an express exception made by the Ministry of National Defense. Chapter III. Powers Article 38. The commander of an aircraft is the highest authority on board; he may adopt any measures he considers proper for the safety of the persons or goods being transported, and he is responsible for occurrences in accordance with the provisions of this Code, and in the absence of such provisions, then with the principles of common law [as contrasted to special codes]. Article 39. Aircraft commanders may exercise on board the same functions as the officials of the Registry of Civil Status in the situa- tions established for the commanders of ships. The respective docu- mentation shall be recorded in the proper book of the aircraft, and a report made immediately of these occurrences to the authorities of the first piace of landing, without thereby affecting the duty of communi- cating the occurrence to national authorities, in case such first landing is made on foreign soil. TITLE III. AIRDROMES C/ia pter I. Definitions and Classification Article 40. An airdrome is a defined area of land or water intended for the landing, parking and take-off of aircraft. PAGENO="1635" AIR LAWS AND TREATIES OF THE WORLD 3035 Article 41. Airdromes shall be considered public when they belong to the State, to Municipalities, aviation societies or individuals, if they have been opened to public service and may be used by any air- craft. They shall be coiisiclered private when they belong to the State, Municipalities, aviation societies, or individuals, and are in- tended for their own exclusive use. Article 42. Customs airports are public airports equipped for cus- toms service. Airports are organized and equipped in accordance with the instruc- tions of the Ministry of Public Health, in view of the risks of con- tagious diseases to which tha national territory may be exposed, and when so ordered by the Executive Power, shall be considered sanitary [quarantine] airdromes. Article 43. Emergency airdromes shall be landing fields or water surfaces for occasional use by any aircraft. Chapter II. Pertinent Declarations Article 44. Airdromes may be declared temporary public, customs~ private or emergency airdromes by the Executive Power in accord- ance with the provisions of the respective regulations. C/ia pter III. Rates Article 45. The Executive Power shall establish the rates for use of public airdromes by foreign public aircraft and for all private craft. Article 46. The owners of private airdromes may permit, as an exception, the landing of aircraft. without charge or on payment of the rate referred to in the preceding article. TITLE IV. AIR NAVIGATION Chapter 1. Aircraft a~md Flight Documents Article 47. National or foreign private aircraft flying over the national territory or territorial waters shall carry certificates of air- worthiness and of registration and all other documents required by the respective regulations. Article 48. The competent authority may at any time inspect the documentation of any aircraft. Chapter II. Ar Routes. Flight Ron f,c and Sehcdvled Lines of Air Na ~`igation Article 49. An air route is the itinerary taken by an aircraft. A. flight route is the succession of stopping points, scheduled or non- scheduled, included on an air route. ~When all stopping points are within the national territory or terri- torial waters, the air i~oute is national. Otherwise, it is an interna- tional route. A scheduled air line is one which covers transportation of persons or goods in regular service. Chapter Iii. Air Traffic Article 50. Traffic of national aircraft shall be free, provided they observe t.he provisions of the Aeronautical Code and of the regulations.. PAGENO="1636" 3036 AIR LAWS AND TREATIES OF THE WORLD Jrt;cie 51. Foreign aircraft, public or private, may not fly over na- tional territory or territorial waters, or alight on land or water thereon, unless there is such a pro\~isio11 in an international convention or spe- cial permission is obtained in advance. Aitcle 52. Exit from natioiial territory, or entry therein by private aircraft must always be made from a customs and quarantine airdrome. Only in cases of force ma jeure or with express authorization in ad- vance may an exCel)tiOn be made for exit from national territory from an airdrome. which is not a customs airport, or entrance into the Repub- lie at. a place which does not possess this type of airdrome. Article 53. Aircraft of foreign airlines in scheduled international transportation service of persons or goods shall be considered in tran- sit.; the same shall apply to public, or private aircraft which on a non- scheduled flight land on State territory, whether this landing is regu- lar or forced. Foreign tourist and sports aircraft are also considered in transit which land but wl~ich do not remain on national territory for more thami four months. Chapter IT7. National Commercial Air Routes Article 54. National commercial air routes shall be reserved for domestic aircraft. TITLE V. DUTIES OF AIR TRAFFIC Chapter 1. Scheduled Airlines Article 5.5. Aircraft of scheduled lines may fly over routes estab- lished in their respective, authorizations. Duly proved cases of force majeure shall constitute exceptions, within the exclusive judgment of the competent office. Article 56. Foreign aircraft and national aircraft in international service, which make a forced landing on land or water must report immediately to the nearest police authority, and, except in case of ob- vious necessity, none of the persons on board may leave the aircraft until the authorities have inspected their personal documents and those of the aircraft. Chapter II. Flight Altitudes Article 57. The flight of aircraft over cities and populated places shall be made at a height which will permit landing on land or water outside of limits thereof in cases of emergency. Article 58. Regulations shall also establish a minimum altitude for flight in those cases where it is considered proper. Chapter Ill. Safety Police, Sanitary Police, and Cu~tom~ Service Article 59. Aircraft flying over national territory or territorial wa- ters, shall be subject to the. laws and to the rea~ulations enacted by the Ministry of National Defense. Article 60. Medical services attached to airdromes shall make health inspections of aircraft, passengers, air and ground crews, and baggage. Regulations shall define those cases in which the passengers or an aircraft may not continue. the voyage. The health inspect.ion shall be made jointly with the police proce- dures, safety and customs inspection. PAGENO="1637" AIR LAWS AND TREATIES OF THE WORLD 3037 Article 61. Wrhen an aircraft must land at any point of the national territory or territorial waters, the commander shall have a notation in the board documents made by the national authority in charge, giving tiie reasons for the landing, and a statement whether some object has been unloaded at the place, or whether some passenger has left the aircraft. Aiticle C2. ircraft in national territory or territorial waters which carry goods destined for foreign countries, shall load before customs officials who have before them the pertinent documentation. TITLE VI. OPERATION OF AIRLINES Chapter! Article 63. In order to establish scheduled international airlines, whose aircraft fly over national territory and territorial waters, whether or not. these la.nd at the airdromes, it shall be necessary to obtain authorization in advance. Article 64. In order to establish domestic airlines, it shall also be necessary to obtain authorization in advance. Article 65. The Executive may grant non-exclusive franchises for periods of not. more than six years. The Regulations shall provide for the requirements to be observed by the pa.rties concerned. TITLE VII. PROHIBITIONS Chapter 1. Military Order. Fuh7;c and Fi$eal Safety Article 66. For reasons of military order, or for public safety the Executive, on a temporary basis, may prohibit the flight of aircraft over any part of the territory. A decree shall define the limita- tions of the a.rea or areas over which it is prohibited to fly. The State shall be relieved of any liability for damages and injuries arising from these measures. A rticie 67. Aircraft. commanders who fly over prohibited areas im- mediately upon becoming aware of the violation, shall alight on land or water at the nearest public airdrome, and communicate the fact to the. authority of that place. Article 68. It, is prohibited for private aircraft. to t.ransport. carrier pigeons, explosives, arms, munitions of war, and generally any war materiel. Article 69. It, is prohibited to take photographs from foreign air- craft, or from any domestic. public or private aircraft, of any mihi- ta.rv installations and locations of any nature, of any sources of energy, electric power plants, radio or telephone exchanges or stations, post offices, reservoirs of inflammable materials, and generally of any- thing over which flight is prohibited. Article 70. As an exception to this rule, and based on a justified opinion, the Ministry of National Defense may authorize a flight over prohibited areas and the taking of photographs, with express specifi- cations as to the latter. When there. is an authorization, the photo- graph negatives must be surrendered to the Ministry of National Defense. PAGENO="1638" 3038 AIR LAWS AND TREATIES OF TIlE WORLD Article 71. Any violation of the prohibition to overfly specified areas, or the taking of photographs thereof shall justify the use of force as indicated in Article 12. Article 72. The use of radio on private aircraft is prohibited, if they have not obtained the respective authorization. Article 73. If it is deemed proper, the Executive may prohibit the transportation of baggage on private or commercial aircraft which fly over locations near the frontiers, or it may be provided that they be inspected at customs airports. Chapter II. Jettiso'niing Article 74. Aircraft may jettison oniy water and fine sand, carried as ballast. During flight, no object may be dropped overboard except mail and leaflets. Chapter III. Dropping Article 75. As an exception t.o the preceding article, baggage and freight may be dropped outside of populated places, in accordance with the provisions of Article 161. Proof of force majeure shall be presented to tile first public airdrome where an aircraft lands. TITLE VIII. LIMITATIONS ON PROPERTY RIGHTS AND RESTRICTIONS Chapter I. Limitations in the Interest of Flight Article 76. In accordance with the. provisions of Article 6, no [prop- erty] owner may oppose any flight which does not represent a breac.h of law. Breach of law exists when a. flight is made under conditions contrary to the Aeronautical Code and the regulations issued thereunder, which shall give the [property] owner a right of action in the courts. Article 77. Owners are under duty to permit the marking of ob- structions which the aviation authorities believe to be dangerous, any- where on the nat.ional territory, and the establishment of installations necessary to the maintenance of these services. Tile expenses incurred in such work, as well as in maintenance of lights and signals or of any other pertinent arrangements, shall be charged to tile operators of the lines. In case new lines are established over obstructions already marked, t.he operators thereof must contribute proportionately to payment of the cost of the installations, following an appraisal which shall be made at the time that the new line commences to operate. Chapter II. Liinitatiors in the Interest of Larding, Ins pectiorn and A ssistance Article 78. Tile owners may not oppose passage by employees over their lands on tile basis of forced landings of aircraft., or to the trans- portation of necessary materials to put. an aircraft into condition for service or to assist injured persons. Article 79. Owners may not oppose passage of employees who enter the lands to make inspections, for purposes of study or evaluation of propert.y which may be designed for airdromes or landing fields, in PAGENO="1639" AIR LAWS AND TREATIES OF THE WORLD 3039 accordance with the provisions of Article 7 of Law 9977, of Decem- ber 5, 1940, in which case Law 10050 of September 18, 1941 shall apply insofar as pertinent. Arti~cle 80. National public aircraft in their functions of vigilance, safety or health, shall not pay fees at public airdromes owned by pri- vate individuals or airline corporations. Article 81. Owners of private airdromes may not oppose in any case the landing of public aircraft of the State. They may not oppose the use of their hangars, when no harm is caused thereby. Chapter III. Restrictions Article 8~. For the purpose of guaranteeing safety of air naviga- tion, and especially to facilitate the landing and take-offs of aircraft, and in application of the principle of restrictions in the interest of air navigation, "safety zones" shall be created around airdromes and air- ports, in which the construction or maintenance of all categories of obstructions are prohibited or restricted. Article 83. For the purpose of fixing the zones referred to in the preceding article, airdromes or airports shall be classified by the Ex- ecutive in four categories: A) Airdromes or airports of the first category shall be consid- ered those which have usable runways or take-off strips of a length greater than 1,350 meters. B) Airdromes or airports of the second category shall be those which have usable runways or take-off strips between 1,000 and 1,350 meters in length. C) Airdromes or airports of the third category shall be those which have usable runways or take-off strips between 750 and 1,000 meters in length. D) Airdromes or airports of the fourth category shall be those which have usable rimways or take-off strips no longer than 750 meters. Article 84. The "safety zones" referred to in Article 82 shall be de- termined in accordance with the following characteristics: A) For airdromes or airports of the first, second and third cate- gories, the construction or maintenance in the "safety zone" of any permanent or transitory, c1ontinuous or discontinuous obstruction is prohibited when its height is more than 1/30 (one-thirtieth) of the distance from said obstruction to the perimeter of the runways, which perimeter shall be established by the Executive for each airdrome or airport. B) For airdromes or airports of the fourth category, the con- struction or maintenance in the "safety zone." of any permanent or transitory, continuous or di~cont.inuous obstruction is pro- hibited when its height is more than 1/20 (one-twentieth) of the distance from said obstruction to the perimeter of the runways, such perimeter to be established by the Executive. in each airdrome or airport. Article 85. For airdromes or airports which have runways for land- ing in fog, the construction or maintenance, of any permanent or tem- porary, continuous or discontinuous obstruction is prohibited in the said "safety zone", the height of which is more. than 1/40 (one-for- tiet.h) of the distance from said obstruction to the perimete.r of the PAGENO="1640" 3040 AIR LAWS AND TREATIES OF THE WORLD runways, such perimeter to be established at each airdrome or airport by the Executive.. Ji~tic?e 86. "Approach zones" shall be trapezoid zones, with a base of 330 meters at the end of each runway, and broadening until they reach 1,330 meters at a distance of 3,200 meters from the edge of the runway, its axis being the landing runway in this case. i~f~'7e 87. Tn the areas located between the "approach zones", as d~inecl in the. preceding article, the conditions of encumbrance to be applied shall be determined in each case by the Executive, when there is no profit or interest to the State in applying the maximum conditions defined in the preceding articles. The conditions to be applied shall be the subject of a special restric- tions plan for each airdrome or airport, which must be approved by the Executive. Art~c7e 88. The reference point for the fixing of the elevations of the obstructions shall be that. of the. farthest point of the corresponding runway to the. zone under consideration, or that of the perimeter of the runways which, in each airdrome or airport, may be established by the Executive. Artele 89. For the special case of high tension wires in "safety zones" referred to in Article 82. the following applies: A) Ip to 1.500 meters from the perimeter of the runways which shall be established by the Executive in each airdrome or airport, an absolute prohibition to install such lines; B) Between 1,500 and 1,750 meters, the height shall not exceed 15 meters; C) Between 1,'T50 and 2,000 meters, the height shall not exceed 20 meters; D) Between 2,000 and 2.250 meters, the height shall not exceed 25 meters; E) Between 2,250 and 2,500 meters. the height shall not exceed 30 meters: F) Between 2.500 and 2,750 meters, the height shall not exceed 35 meters; G) Between 2,750 and 3,000 meters, the height shall not exceed 40 meters: H) Between 3,000 and 3,250 meters, the height shall not exceed 45 meters. This proportion shall he observed up to 5 kilometers for air- dromes of the first. category, up to 4 kilometers for airdromes of the. second category. up to kilometers for airdromes of the third category, and up to 2 kilometers for airdromes of the fourth category. ~4i~tc7e 90. For the installation of high tension wires, or the con- struction of aerial obstructions exceeding a height of ~5 meters any- where on the territory of the Republic requires in advance a favorable report of the proper aviation authorities and the approval of the Executive. Article 91. With respect to existing obstructions, the Executive may, upon recommendation of the aviation authorities, provide by decree for the elimination of obstructions located within "safety zones" which are considered dangerous to air navigation. PAGENO="1641" AIR LAWS AYD TREATiES OF THE WORLD 3041 Article 92. The installation of radiobroadcasting stations is pro- hibited in the safety zones referred to in Article 82, at a distance less than 2.5 kilometers (two and a half kilometers) from the boundary of the runways, or from the surrounding perimeter of each airdrome or airport as fixed by the Executive. Article 93. The Executive, upon recommendation of the aviation authorities, may decree, with compensation in advance, for the trans- fer of radiobroadcasting stations presently located within the radius fixed by Article 92. If there is no agreement reached with the inter- ested party, the procedure provided in Article 175 shall be followed. T1TLE IX. EXPROPRIATIONS Article 94. The Executive may expropriate the land considered nec- essary for the establishment of airdromes or for the extension of any already in existence. In all cases, the procedure shall be that established in Article 175. Article 95. When the public interest so requires, the Executive may requisition domestic private aircraft, and guarantee to the owners the corresponding compensation. The evaluation as to what constitutes public interest is a discretionary power of the Executive. BOOK II. PRIVATE AIR LAW TITLE I Chapter 1. Purchase and Sale of Aircraft Article 96. Aircraft shall be deemed personal property, with the exceptions established in this Code. Article 97. The sale of aircraft must be made in writing, and the contract, under penalty of nullity, must be registered in the National Aircraft Register. Article 98. The transfer title and the registration certificate must be presented to the competent organ within ten days from the date of issue for recordation in the National Aircraft Register and for the issuance of a. new certificate. In case of failure to record in the Reg- ister, the seller and the purchaser shall be jointly liable for any dam. ages and injuries which may occur. Article 99. When the acquisition takes place abroad, the national consular authorities may register the contract. and immediately send an affidavit thereof directly to the National Aircraft Register, together with the certificate of registration. The consular authority shall issue a receipt for the registration cer- tificate which may later be exchanged for a new certificate. C/lapter II. Charter of Aircraft Article 100. To charter an aircraft it is necessary to fulfill the con- ditions required for the owner of an aircraft except when there is an authorization from the Ministry of National Defense. Article 101. A charter or aircraft may be fot a single or for several trips, or for a specified period of time. Article 102. A charter of aircraft inii~t always he apl)roVed by the competent authority and recorded in the National Aircraft Register. PAGENO="1642" 3042 AIR LAWS AND TREATIES OF THE WORLD Artcle 10-1. The legal relations between the lessee and the lessor must he established a private document. recorded in the National Air- craft Re~ister. Articl~ 104. A charter shall not. he in effect in regard to third par- ties when it. has iiot been recorded in the National Aircraft Register. Non-registration make the lessee and lessor jointly liable for dam- ages and injuries caused by the aircraft. Chapter III. Aircraft Mortgages Art c7e 10.5. Aircraft may be mortgaged. A public instrument to that effect mu~t be recorded in the National Aircraft Register, and be accompanied by the registration certificate, for the purpose of es- t abli shing the respective recordation. Article 106. Mortgages established abroad on national aircraft may be authorized and recorded by the consular authorities of the Republic; the I)rocedu1~e shall be that. established in Article 98. Article 107. National aircraft which are encumbered by a mortgage, may not be transferred abroad without the express consent of the mortgage creditor, shown in tile same document. Article 108. In the case of loss, decrease in value or seizure of the air- craft, a mortgage creditor may attach the insurance, the compensation due for damages caused by third parties, and the value of the expro- priat ion, up to the amount of his mortgage. Article 109. Preference of the same kind over the mortgage creditor shall be ~rant~d to: ~:- Court costs. 2~ Debts owed to tile State for fines arising from violations and for taxes. 3. Airport fees and fees for use of public services of air navi- gation covering the last voyage. 4. Compensation due for assistance and salvage. 5. Expenses for repair or supply incurred by the commander during tile last voyage for actual needs of the aircraft. 6. Wages of the flight personnel and crew members during the last voyage. TITLE II. AVIATION INSURANCE C.7~ apter I. Conipvlsorh' Inslirance Article 110. Aviation insurance against risks to themselves and to third parties is compulsory in commercial aviation covering the crew, passengers. tlie aircraft, and generally all flight equipment. Aviation insurance for damages to persons or property outside the aircraft is also compulsory, but may not be required for a total sum greater than one hundred thousand pesos. Airline companies must take this out with the Banco de Seg'uros del E~tau7o (State Insurance Bank). For the purposes of this article, aviatioll companies which have been declared to be of public interest by the Executive shall be assimilated to commercial aircraft. A it ide 111. Insuran~e for tile crew shall be in proportion to the Fe- spettive. w-age~ or salaries and that. for tile passengers for the minimum amount established by the State Insurance Bank with the approval of the Executive. PAGENO="1643" AIR LAWS AND TREATIES OF THE WORLD 3043 Article 112. Airline companies must prove the existence of insurance before the competent authority. Article 11.]. In the National Aircraft Register and iii the registra- tion the existence of insurance must be noted, together with the date of expiration of the policy. Article 1J~. Within a period of not more than fifteen days from the expiration of the policy a recordation shall be made in the Na- tional Register as to the existence of a new policy. Non-observance of this provision shall cause immediate cancellation of the certificate of airworthiness. Chapter Ii. Optional Insurance Article 11g. Insurance. shal.1 be optional for persons, aircraft and flight equipment not included in Article 110, and for baggage and freight transported. Chapter III. Provisio'n8 Applicable to Both Categories of In.sisrance Article 116. Aircraft furnished with certificates of airworthiness shall be considered as having taken off in perfect condition, except for proof to the contrary. Article 117. Aircraft may be surrendered to the insurer when the loss or damage decreases its value by three-quarters. In the event of disappearance, an aircraft may be abandoned three months after the receipt of the last news. TITLE III. AIR CARRIAGE Chapter 1. General Provisions Article 118. A carrier shall be deemed any natural or corporate person who undertakes air transportation for commercial purposes for his own accoimt. Article 119. An operator shall be deemed to be any person who has aircraft at his disposal and uses it on his own account. Article 120. International transport. in the absence of treaties, is governed by the provisions of the Aeronautical Code. Article 121. Air transport does not lose its domestic character when an aircraft makes a forced landing on land or water within the terri- tory of a neighboring country. Article 122. Where several air carriers successively carry out a transportation, which the interested parties contract for as one opera- tion, this shall be considered a single transportation. Chapter II. Carrk~'ge of Persons Artcle 12.9. A carrier shall deliver to the passenger a ticket which states: 1. Place and date of issue. 2. Points of departure and destination. 3. Name and address of carrier. Article 124. The lack, irregularity or loss of the ticket shall not prejudice the passenger's right. PAGENO="1644" 3044 AIR LAWS AND TREATIES OF THE WORLD Article 125. Non-delivery of the ticket to a passenger deprives the carrier of the defense based on any legal provisions which exempt or limit his liability. Chapter Iii. Carniage of Lisggage Article 126. The carrier shall issue in duplicate a baggage ticket or receipt~ for objects which the traveler does not keep in his custody. The original shall be delivered to the traveller and the second shall be kept by the carrier. In this document shall be recorded: 1. Place of departure and destination, and date of issue.. 2. Number of the passenger ticket. 3. Number and weight of pieces. 4. Amount. of declared value. Article 127. The lack, irregularity or loss of the ticket or receipt shall not prejudice the right of transportation. Article 128. Non-issuance of the receipt. or ticket, or the lack of in- dication of the number of the ticket, or of the amount and weight of the pieces shall deprive the carrier of his defense based on any pro- visions of this Code which exempt or limit ills liability. Chapter JV. Transportation of Cargo Article 129. Upon receiving me.rchandise for air transportation, the carrier should require an air waybill from the shipper. If the documeiit is issued by the carrier at. the request of the shipper, it shall be considered that the carrier has acted as agent of the shipper, except for proof to the contrary. . Article 1.30. The air waybill shall be issued in triplicate. The origi- nal shall be signed by the shipper and remain in the possession of tile carrier at the time of receiving the merchandise. The second copy shall be signed by the carrier and tile shipper, and shall accompany tile merchandise. The third copy shall be signed by the carrier who shall deliver it to tile shipper within 24 hours after receipt of the mer- chandise. Article 131. WThe.n more than one piece is involved, tile carrier may require from the slupper a waybill for each unit. Article 132. The air waybill should contain: 1. Markings of the aircraft and the registration number. 2. Place of departure and destination and date of issue. 3. Name and address of shipper. 4. Name. and address of the first shipper. i~. Name and address of consignee, when not issued to bearer. 6. Nature of the merchandise. 7. Number of pieces, kind of wrapping, special marks, weight, volume and dimensions of the merchandise. S. Cost of the carriage. 9. Declared value of the merchandise. Article 13.3. If the carrier accepts merchandise without an air way- bill or without incorporating therein tile statements required in the precedmg article, he may not avail himself of the protection of tile I)10V1S101~S of th~ ron~ut~ea1 Code which exempt or limit his liability. PAGENO="1645" AIR LAWS AND TREATIES OF THE WORLD 3045 Article 134. The shipper is liable for the accuracy of the statements in the air waybill and for damages and injuries which may result as a consequence of fraudulent or irregular statements to the carrier or third persons. Article 135. Except for proof to the contrary, an air waybill shall certify the. existence of a contract, the receipt of the merchandise, the conditions of the transportation, and generally all statements con- tained therein. Article 136. The lack, irregularity or loss of the air waybill shall not prejudice the existence or validity of the contract, which shall be considered as having been a signed document, with the exception of the provisions of Article 127 with respect. to the carrier. Article 137. When insurance is carried on merchandise, the carrier is not liable with respect to any special conditions or obligations con- tained in the policy unless these are expressly established in the way- bill. Chapter V. Carriage of Airmail Article 138. Carriage of mail shall be made under the supervision and control of the General Post Office. In the exercise thereof, these functions shall be coordinated with those of the Civil Aeronautics Bureau. Article 139. Delivery of air mail shall have preference over all other matter transported. Article 140. Aircraft engaged in international postal service shall not be exempt from the requirements of security police, health police and customs inspection. TIThE IV. LEGAL RELATIONS BETWEEN THE FLIGhT PERSONNEL AND TIlE CARRIER Chapter 1. Powers of the Aircraft Commander Article 141. During the voyage, the commander is the representative of the owner, carrier or operator of the aircraft, and the bailee of the mail, baggage and merchandise being transported. Article 142. In this capacity, the commander shall have the follow- ing powers: 1. To purchase anything necessary for continuance of the voyage. 2. To contract for repair services the aircraft may need. 3. To obtain funds for the above mentioned objectives. 4. To obtain the proper certificates as safeguard for his own acts or the rights and interests of the owner, carrier or operator. Article 143. The powers of the commander may be broader than those established above; in such cases there shall be a special agree- ment with the owner, carrier or operator. The extension shall be effective against third persons only when it is so stated in the docu- ments carried on board. Article 144. The powers of the commander, as representative of the owner, carrier, or operator, may be exercised only in places where there is no permanent agent or commercial representative of the owner, carrier or operator. PAGENO="1646" 3046 AIR LAWS AND TREATIES OF THE WORLD Chapter II. Liability of the Aircraft Conlmander and of the Employees of the Canner Article 145. The commander or other employee who, during a trip, abandons without justification the performance of his functions, shall be liable to the owner, carrier or operator, and to the passengers or shippers for any damages and injuries which may result from this violation. Insofar as concerns the passengers and shippers, such liability shall be joint with that of the owner, carrier or operator. Article 146. The commander shall be liable for intent or negligence to the owner, carrier, or operator, who shall have a right of recovery against him for any compensation which they may have had to pay to third persons for his acts. TITLE V. CIVIL LIABILITY Chapter I. Con ti'actual Liability Article 147. A carrier shall be liable for damages and injuries result- ing in death or bodily injury to passengers in accidents which occur on board an aircraft while in flight, or in operations thereon, provided they are caused by defects in the aircraft or negligence of the carrier or his employees. Article 148. A carrier shall be liable for damages and injuries caused by the destruction, loss of, or damage to baggage and merchandise, as a result of acts occurring during the air transportation. Art ide 149. Air transportation, for the purposes of the preceding article, shall include the period during which the baggage or merchan- dise are in the custody of the carrier, from the time of receipt to that of delivery. Artcle 1.50. TTnless there is an express agreement, the duties of air transportation shall not include land, maritime or river transportation, outside of the airdrome. However, if, in the course of the contract, land, maritime or river transportation is employed to carry, deliver or transfer baggage or merchandise, any damages and injuries oc- curring therein shall be presumed to have occurred during the air trans- portation, unless the carrier proves the contrary. Ai'telc 1.51. A carrier shall be liable for damages and injuries aris- ing from delays in transportation of passengers, baggage or merchan- dise in the proportion. of ten le1~cemit above the damages proved by the passenger and, in other cases, above the value of the merchandise. Artic7e 1~59. When dealing with transportation undertaken Suc- cessively by a number of carriers, each carrier who receives passen- gers. ba~rgage or merchandise shall he subject to the provisions speci- fied above, and he shall be considered a party to the transportation contract. In the case of transportation of this kind, the passenger, or his legal successors shall have a right of action only against, the carrier who made the transportation (lunug the portion where the accident Or ilelav occurred. e~ept in the case. where the first carrier, by express agreement, assumes liability for the entire transportation. In the case of baggage om merchandise, the shipper shall have an action against the flrst (an-icr and the consignee against the last PAGENO="1647" AIR LAWS AND TREATIES OF THE WORLD 3047 carrier. Both may sue the carrier who made the carriage during which the destruction, loss of, or damage occurred. Article 153. If the transportation is gratuitous, liability shall be limited to damages and injuries arising from intent or gross negligence on the part of the carrier or his eniployees. Ai'ticle 154. If the carrier proves that death or injuries have been caused by the negligence of the victims, or that they have contributed thereto, his own liability may be excluded or limited. Article 155. A carrier shall be exempt from the liability estabhshed in Articles 147 and 151 when lie proves that he or his employees have taken all necessary measures to avoid the injury or delay, or that it was impossible to take such measures because of force majeure. Article 156. Liability may be limited to the amount of insurance. When damages and injuries are caused by intent of the carrier or his employees, the provisions of this Code exempting from, or lumt- ing liability shall not be applicable. Article 157. Nullity of a clause, exempting the carrier from lia- bility, or which fixes limitations at less than the established ones, shall not void the transportation contract.. Article 158. The receipt of baggage or merchandise by the con- signee without protest constitutes a presumption that they have been delivered in good order and in accord with the ticket, receipt or way- bill. In case of damage, the consignee shall file a protest with the carrier within three. das following receipt of the baggage, or seven days following that of merchandise. Claims with re.spect. to delay should he filed within three days computed from the date on which the baggage or merchandise were placed at the disposal of the consignee. In t.he above cases, the protest shall be expressly stated on the transportation document or in a separate document.. If no protest is filed within the indicated periods of time, no action based on this concept is admissible, unless there is proof of fraud on the part of the carrier. Chapter ii. Liability towards Third I'ersons Article 159. Liability toward third persons for acts resulting from air navigation, refers to all public, or private, national or foreign air- craft making flights over the national territory or territorial waters. Article 160. Any damage caused to persons or property on the ground by an aircraft in flight, or which is in operation of take-off or of alighting on land or water, shall give a right to a damage action. Article 161. A right to damages shall also be ~rammted for any dam- age caused by objects or articles falling or thrown from an aircraft, without excepting the throwing or jettisoiling permitted in case. of for'e majeai'e. Artie 162. The following shall be jointly liable for damages and injuries claimed in accordance with Articie~ l(0 and 161 1. The person in whose name the aircraft is registered. 2. The person who is using or o~)erating the aircraft. 3. The person who has caused the damage from the aircraft. Article 163. Civil liability in the case of Article 110 ~hiahl be limited to the amount of insurance for each accident. In the case of Article 115 the liability shall he limited. PAGENO="1648" 3048 AIR LAWS AND TREATIES OF THE WORLD TITLE VI. COLLISIONS AND DAMAGE Sole Chapter Article 164. Collisions, crashes of, and damage to aircraft shall be governed, insofar as applicable, by the provisions of maritime law and aircraft, shall be assimilated to a vessel. Article 165. In the case. of a collision, crash and damage, there must be immediate notification of the authorities of the airport nearest to the place where it has occurred, and any instructions received from them, must be. observed. When the aircraft is of TJruguayan nation- ality, this notification is compulsory even when the aircraft is outside the jurisdiction of the State. TITLE VU. ASSISTANCE AND SALVAGE C/uipter I. Compulsory Aspect Article 16. Provided it does not endanger their own safety, air- craft commanders in flight shall render assistance to all aircraft in sight, which suffer accidents in the sea or in places far from populated areas, by which the lives of the persons on board are endangered. Article 167. In addition to the provisions in the preceding article, the obligation to render assistance always exists when signals for help are received, unless the place of the accident is so far away that it would be impossible to answer the call. Article 168. The owners, carriers or operators of aircraft shall not be liable if the commander fails to observe this obligation to render assistance. Chapter ii. Compensation Art;cle 169. All assistance gives rise to a right to compensation proportionate to the work performed and the success of the salvage. In the absence of an agreement. in advance, an estimate may be made in the manner usual in law. The right to compensation is lost when the assistance has been ex- pressly rejected and the rejection justified on the basis that there was no risk to the lives of the persons on board the aircraft involved in the accident. Insofar as applicable, the rules concerning this sub- ject of maritime law shall govern. Article 170. In case of salvage of air mail, the carrier shall con- tribute a proportionate sum to its value. BooK III TITLE I C/ia pter I. Appeals Article 171. Decisions which cause injury may be appealed within a period of not more than five days to the Ministry of National De- fense., whose decision shall be final as to administrative appeals. Chapter II. Attachments and Injunctions Article 17g. Violations of the legal or regulatory provisions shall give a right to attachment or seizure of the aircraft by the respective PAGENO="1649" AIR LAWS AND TREATIES OF THE WORLD 3049 authorities, until payment is made of the. corresponding fine. No appeal against, a decision imposing payment. of a fine may be filed without proof t.hat the fine, has been paid. Article 173. Public State aircraft, private aircraft belonging to it, and public or private aircraft. belonging to other States may not be attached or seized. Article 174. Aircraft engaged in postal services may not be seized on the basis of attachments or injunctions while engaged in such service. TITLE II. SPECIAL PROCEDURES FOR ELIMINATION OF OBSTRUCTIONS Chapter 1. Elimination of Obstructions Exi$ting in the `~Safety Zone" Article 175. For the elimination of obstructions existing in a safety zone the procedure established in Decree-Law 1496 of April 30, 1942, shall be followed. Chapter II. Elimination of Obstructions Constructed in the "Safety Zone" Article 176. When an obstruction is constructed in a safety zone in violation of the provisions of Articles 82 and 83, the procedure fixed in Article 175 shall be followed, and in no case and under no circum- stances may the State indemnify the owner. The expenses inherent in the elimination of the obstruction shall be borne exclusively by the owner. TITLE III. PENALTIES Chapter 1. Penalties in General Article 177. Violations of the Aeronautical Code and of the regula- tions shall be punished, according to their nature, as follows: 1. Suspension or revocation of the flight license. 2. Cancellation of registration. 3. Revocation of the franchise. 4. Fine of fifty to three thousand pesos. If the offender is a public official who, in his capacity as such commits a violation, the above penalties may be applied to him without prejudice to administrative penalties which may also be imposed. Article 178. The regulations shall provide for penalties for each violation and establish the limits within which the respective, authority may vary them. Article 179. Violation of the provisions of Articles 82 and 83 of this Code shall be punishable by a fine of one thousand pesos. Article 180. When the competent authorities establish a penalty of a fine up to one hundred pesos. the offenses to which it. refers shall be considered mere misdemeanors outside the jurisdiction of the courts, and when the person fined does not. or cannot pay it, he shall be pun- ished by imprisonment instead, one day for each four pesos. Article 181. An administrative. decision which imposes a fine gre.ater than one hundred pesos shall be by executory proceeding, and t.he judg- me.nt~ shall serve as a writ of execution. 39-737-65--vol. II-104 PAGENO="1650" 3050 AIR LAWS AND TREATIES OF THE WORLD TITLE IV. ACTION FOR ILLEGALITY Arfic7e 182. Until such time as an Administrative Tribunal (Tribu- na7 de 7o Conteiioso-Jlmini~itu~o) is organized, actions will be brought before. trial jud~es in the provinces and before fiscal and administrative judges in the Capital. The action shall he directed to the overruling of the decision ob- jected to, or of the respective damage award at the option of the party concerned. Said action shall be brought. within a period of not more than twenty clays followin~ notice of the. decision, and the procedure shall be that used for ordinary small claims suits. The judge of the case may decide at any time to enjoin execution of the decisjon appealed, when its enforcement might. produce irreparable harm. Against, judgments of trial courts, a right, to appeal is available to the appellate courts, whose decisions shall be final. FINAL PROVISION Ai~tk7e 183. The general laws shall apply insofar as that is not con- trary to this Code. A,tic7e 184. rflS Code. shall take effect in three months from its promulgation, and all provisions contrary to its text are hereby ren e ale ci. OTIIETi LEGISLATION IN FORCE 1. Decree of May 13, 19-19 implements Article 31 of the Code of Aeronautic Legislation, deals with radio equipment of aircraft, utili- zation of radios ~ 1)lanes, regulations for radio-operators, method of obtaining licenses, etc. (Diarlo Oficiai-June 10, 1049) 2. Decree 14.232 of August 12, 1949 approves implementation of Article. 34 of the Air Code regarding licenses for flight and auxiliary personnel. (Diario Ofica7-September 17, 1949) 3. Decree 15T56 of May 6. 195k) l)ermits the re-exportation of aero- nautical material imported by foreign corporations. (Diario Ofic~ial- June 9, 1950) 4. I)ecree 21834 of October 10, 1952 amplifies Decree 11147 of February 28, 1948 regarding flights over the prohibited zone of Montevideo and test flights. (Diarlo Oficial-October 18, 1952) 5. Decree 22495 of June 5, 1953 exempts hospital or ambulance I)la1~es [aeronaves sanitarias] from certain flight restrictions, gives them precedence over other planes in landings, etc. (Diario Oficial'- June 15,1953) 6. T)ecree 22.499 of June 5. 1953. regulates the air service for sup- pre~sion of smuggling. (Diarlo Ofie~a7-June 20, 1953) T. Decree of Xovember 20, 1953 repeals that. part of Article 12 of the ilegulations approved by Decree 21.409 of July 4, 1952, which forbids any photographic equipment on commercial airplanes, and as a consequence, permits slid-Il transportation. The rest of the article remains in force. (Dr~i'io O~7ci7-December 4, 1953) 5. Decree 23133 of December i6, 1953 repeals Article 34 of the Reg- ulations for Inspectors of Air Transport. which permitted the hour of departure to he advanced upon permission of the inspector. (Diario 0fl;e7--DeceirWer 29. 1953') PAGENO="1651" AIR LAWS AND TI~EATIES OF THE WORLD 3051 9. Decree of December 70, 1053 amends Decree 15866 of June 13, 1950 to 1)rovi(le that the documents mentioned therein must conform to rules of the International Civil Aviation Convention. (IL~erista Yota~a7-1957: 1802) 10. Decree 23829 of February 9, 1955 creates a committee to estab- lish a search and rescue service in cases of aviation accidents. (Diario Oflc~al-February 17, 1955) 11. Decree 23S26 of February 6, 1955 approves the rules for the in- vestigation of aviation accidents of non-military airplanes, in accord- ance with the recommendations of the International Civil Aviation Organization. (Diai~o Oflc~al-February 18, 1955 12. Decree 23845 of April 15, 1955 approves the list of courses for technical school of aeronautics. (Diarlo Oficial-April 21, 1955) 13. Decree 23851 of May 20, 1955 amends Decree 21409 regarding use of cameras and photographic equipment in airplanes. (Diario Oficial-May 28, 1955) 14. Decree of December 29, 1955 substitutes existing document of origin of planes by the one provided for by the. International Civil Aviation Organization. (Dia~io Ofieial-January 7, 1956) 15. Resolution of June 7, 1956 creates a commission to insure corn- pliance with the International Civil Aviation Convention on docu- mentation of airplanes. (Diario Oficial-July 5, 1956) 16. Decree of June 28, 1956 approves general regulations covering helicopters, heliports, etc. (D~ario Oficial-July 21, 1956) 17. Decree of July 25, 1956 regulates the assignment of aircraft to amr clubs for the Air Reserve and Civil Air Patrol. (Diarlo Oficial- August 6, 1956) 18. Decree of July 25, 1957 approved Appendix IV to Annex I of the Regulation to the Air Code concerning licensing of helicopter pilots. (Diarlo Oficial-August 17, 1957) 19. Resolution 20871 of January 23, 1958 regulates use of foreign- registered aircraft for crop dusting. (Dia.rio Oflcial-January 30, 1958) 20. Decree of February 27, 1958 creates a Comi-sión Ho'norai'ia to study a. plan for the development of national aviation and of coT- labomation with foreign aviation enterprises. (Diario Oflciai-March ~5, 1958) 21. Decree. of April 29, 1958 amends Article 85 of the Regulation of the Air Code regarding the identification of planes used for in- struction. (Diam'io Oflcal-May 7, 1958) 22. Decree of May 22, 1958 amends Articles 18/21 of the regulation of Article 29 of the Air Code (Decree 3348 of June 9, 1944). (Diarlo Ofieia7-June 6, 1958) 27. Decree of March 13, 1958 approves the code of signal:~ to direct the. movements of airplanes on land and of hovering nehicopters. (D.;aiio OflcSil-September 18. 1958) 24. Decree. of February 24, 1059 j)1Ovi(TeS that the national flag must he painted on tIme rudders of all civil aircraft with time exception of training ships. (Diario OfleS'l-March 12, 1959) 25. Decree of June 18, 1959 approves the regulation on procedure for obtaining permission for foreign military planes to fly over and or land on national territory. (J),~ai~io Ofleii~7-Julv 29, 1959) PAGENO="1652" 3052 AIR LAWS AND TREATIES OF THE WORLD 26. Decree of June 25, 1959 approves the regulation for the opera- tion of private planes at the National Airport of Carrasco. (Diario Ofieial-July 29, 1959) 2T. Decree of August 6, 1959 amends Article 93 of the Air Code re- garding altitude at which planes must fly. (Diario Oficial-August 18.1959) 28. Decree of August 20, 1959 provides that import permission must be presented in order to register aircraft. (Diario Oflcial-Septem- ber8, 1959) 29. Decree of October 1, 1959 regulates signals and procedure for flight near prohibited, restricted or dangerous zones. (Diario 0/i- c~al-October 22, 1959) PAGENO="1653" VENEZUELA CIVIL AVIATION LAW 1 Corttcn~ts Chapter I. General Provisions. Chapter II. Regulation of Aircraft. Chapter III. Technical Flight Personnel. Chapter IV. Air Operations. Chapter V. Flight Regulations. Chapter VI. Civil Airdromes. Chapter VII. Air Transportation. Chapter VIII. Commercial and Private Air Services. Chapter IX. Liability for Damages. Chapter X. Accidents, Search and Rescue. Chapter XI. Servitudes. Chapter XII. Schools, Clubs and Aviation Industries. Chapter XIII. Air Registry of the Republic of Venezuela. Chapter XIV. Penalties. Chapter XV. Aviation Authority. Chapter XVI. Final Provisions. CIVIL AVIATION LAW CHAPTER I. GENERAL PRovIsIoNs Article 1. This law shall govern all matters relating to civil avia- tion, without thereby affecting the observance of the provisions of international treaties and agreements concluded by the Republic. In cases not provided for herein, the pertinent provisions of other laws or the general principles of air law shall apply. Article 2. The air space above Venezuelan territory shall be subject to national sovereignty. For the purposes of this law, Venezuelan territory shaH be deemed to be the territory defined in Article 2 of the Constitution of the Republic. Article 3. Civil Aviation shall include transportation of passengers, mail, baggage and goods whether for profit or not; the use of aircraft for scientific purposes, for exhibition and publicity: for industrial, agricultural or health work; for sport, training and tourism, and [shall include] all equipment, installations, routes, services and other activities proper or related to such air activities. Article 4. All civil aircraft within Venezuelan territory or flying above it., and the crew thereof, the passengers and goods trensported, shall be subject to the jurisdiction and administration of the Vene- zue.lan authorities. Article ;~. All events and legal acts taking ~ oil l)Oard Vene- zuelan aircraft. while in flight, outside Venezuelan territor . shall be subject to Venezuelan law, unless they be such that. the violate the safet.y and public order of the subjacent foreign State [this shall Goceta Oficial No. 452 E~. \prII 21, 1955. 3053 PAGENO="1654" 3054 AIR LAWS AND TREATIES OF THE WORLD include] unlawful acts committed aboard any aircraft over foreign territory, when they produce such an effect on Venezuelan territory or when it is intended that they should have such effect therein, and legal acts performed on foreign aircraft flying above Venezuelan territory. Artic~c C. The owner, the person who has the disposal or the oper- ator of an aircraft. and the. captain or pilot thereof, shall be jointly responsible for any violation of this law and the regulations issued thereunder if 1t is the result. of an order given in execution of either. Article 7. The National Government shall specify prohibited areas in regard to flight by civil aircraft and it may at any time suspend in whole or in part all flight activities in the Republic. Article 8. The State reserves domestic service of commercial trans- port ation to Venezuelan Aircraft. Article 9. All aircraft must be provided with a permit in order to fly over the national territory. Article 10. Aircraft. shall enter or leave the national t.erritory through air routes specified by the National Government., and shall land or take off on airports designated for such purpose. Article 11. All aircraft in flight must land on the ground or on water when ordered to do so by the competent authority. Article 1~. Aerial photographs may be taken only by the official services which are assigned such functions or by persons who have prior authorization. Article 13. Civil aircraft. may not. transport war materiel. Transportation of explosives, arms and munitions for sale or for lawful carriage, and of inflammable substances, may only be made with prior authorization in each case. The National Government may prohibit or limit the transportation of other articles. Article 14. The unauthorized transportation of narcotics and of per- sons under the, influence of narcotics or who are in a state of intoxica- tion, shall be prohibited. The chiefs of Airports or Airdromes, in special cases, may authorize transportation of persons who are under the influence of narcotic dru~s or to whom it may be necessary to administer such substances during the trip, provided they are administered by medical prescrip- tion and that they travel under the care of a qualified person. When they constitute a danger to the flight safety, air transporta- tion of persons suffei'in~ from contagious or mental diseases. shall be be permitted in aircraft chartered for the purpose, and taking all proper precautions. Article 15. It. shall be prohibited to throw objects and articles from any aircraft in flight. except. in cases of search and rescue. work. How- ever, such operations may be authorized in cases of publicity flights, of health or agricultural work, or of assistance to persons and towns Article 16. In case of national or international emergency, aircraft and their equipment. instruments, parts. too1~, inctallations. au-id other facilities and services of civil aviation, shall he eonsider~d nart of the national defense. Therefore. such elements shall be subject. to re~uisi- tion, utilization. expropriation, interiiment, attachment, dismantling or destruction. according to the necessities or requirements of the situation as evaluated by the National Government, or by the immedi- ate competent military authority, if the case be urgent. PAGENO="1655" AIR LAWS AND TREATIES OF THE WORLD 3055 ChAFfER II. REGuLATION OF AIRCRAFr Ai~ticle 17. For the purposes of this law there shall be considered aircraft all vehicles capable of rising into, and staying and traveling in the air, which are intended for transportation of l)e1'5011S or goods, for exhibitions, publicity, tourism, training, sports or other conimer- cial, argicultural, health or scientific purposes. Hydropianes and amphibian aircraft which are resting or glid- ing on the water or which are bemg towed thereon, shall also be subject to the laws and regulations pertaining to maritime navigation. Article 18. Venezuelan aircraft shall be classified as State aircraft and Civil aircraft. State aircraft shall be deemed aircraft which are the property of the State and for official exclusive use of the Nation, of the States, Municipalities and other public organizations. All others shall be considered civil aircraft for public or private service. Article 19. Aircraft shall have the nationality of the State in which they a.re registered and may not have more than one registration. Article 20. Only Venezuelan or Venezuelan legal persons may be registered in the Air Registry of the Republic of Venezuela and they registered in the Air Registry for public air transportation service or for privat.e aerial work. Article 21. All private aircraft must carry the distinctive marks of nationality and registration. Article 22. All aircraft must. be provided with a certificate of air worthiness, in order to show that they have passed the tests for con- dit ions of flight safety. Unless there is proof to the contrary, it shall be. presumed that an aircraft. provided with a valid certificate of air worthiness has taken off in satisfac.tory flight condition. Foreign certificates of air worthiness of aircraft in transit shall be valid in Venezuela Article 23. Airc.raft., engines and accessories which are built, or modified may be place.d into service only with the approval of the aviation authority. CHAPTER III. TECHXTC..\L FLTGTFI' PERS0NNET, Artie7e 24. Technical flight personnel shall consist. of the members of the fli~ht crew and the. croiind personnel attached to the civil avia- tion service.. Article 2-5. To serve as a. member of the technical flight personnel possession of the respective license shall be necessary. Licenses issued abroad by the. competent authorities of countries which grant recipro- cal treatment. to Venezuela, may he validated or recognized provided the reonirements under which they have been issued or validated are the same and at least, comply with standards prescribed in Venezuela for the granting of such licenses. Sole parnc~raph. Validction or reco~nifion of licen~e~ obtained abroad by Venezuelans shall be exempt. from the requirement. of reciprocity. A rfi"7i~ ~. The emnlnvment. of forpi n technicians as consultants or instructors of Venezuelan technical flight personnel may he authorized, when it is necessary for the discharge and improvement, of an aviation service. PAGENO="1656" 3056 AIR LAWS AND TREATIES OF THE WORLD Artcle 27. Any aircra.ft intended for public transportation service shall be under the command of a captain designated by the operator. When the captain takes command of the aircraft in order to begin the flight, he shall be responsible for the aircraft and its crew, pas- sengers aiid their luggage, and for the cargo and mail. This responsi- bility shall cease at the end of the flight when the representative of the Operator or any other competent official takes charge of the aircraft, the passengers, baggage. cargo and mail. A,~t;c7e 28. The captain shall shall record iii the log book any events which may have legal consequences, and which occur on board during tile flight, and he shall report them to the competent authorities of the first place of landing on the. national territory ,or to the competent foreign authorities and the Venezuelan consul, if the landing is made outside the country. CHAPTER I\'. AIR OPERATIONS Ait~c7e 29. To operate civil aircraft in Venezuelan territory a prior license or permit must be obt.ainted and other requirements a.nd con- clitions relating thereto must be fulfilled. Article 30. Inspection and clearance of public service aircraft of their crews, passengers and baggage, cargo and mail, must be carried out expeditiously and in accordance with tile regulations. CHAP'rER V. FLIGHT REGULATIONS A ct/dc 31. Tile State shall exercise technical direction of air naviga- tion and of the. meteorological services, of aeronautical telecommu- nications and of aids to aerial navigation either directly or by means of licenses or permits to technical organization which shall have the character of auxiliary or organization in regard to communications and which shail be. considered as affected with tile public interest. The use of such services shall be compulsory for all aircraft in accordance with the. respective rules, condtions and rates. Article 32. Operations of military aircraft on air routes, in flight control zones or on civil airdromes shall be subject. to the provisions concerning air activity as provided for by this law and the regulations issued thereunder. CHAPTER VI. Civir.~ AIRDROMES Jifii7e .33. Civil airdromes shall be deemed areas on land or water, suitable for taking off. ianding, and maneuvering of civil aircraft. Civil airdromes may be public, or private. The aviation authority shall determine the service, to which each airdrome belongs. Civil airdromes shall be subject to technical inspection and super- ViSiOIl by t lie aviation authority. An airport. shall be deemed an civil airdrome for public service which has facilities and installations suitable for the operation of public service, aircraft. According to the kind and importance of the facUlties and installations~ airdromes shall be classified in categories and the char~e.s for services offered thereon shall be in accordance with the rates and fees, which are. deLermined and revised by the National Government. PAGENO="1657" AIR LAWS AND TREATIES OF THE WORLD 3057 Article 34. Every civil airport. or airdrome shall be under the exclusive and direct authority of a chief designated for this purpose. Article 35. Any airport. which in the opinion of the National Gov- ernment meets the required conditions and has been declared as such, shall be deemed an international airport. The authorities functioning at' international airports shall be sub- ject. to the internal regulations concerning international airports. Article 36. Construction, management, administration and opera - tion of airports, of public or private airdromes and of facilities and installations on civil airdromes, shall depend on an authorization by the aerona;ut.ical authority. The structures and installations on land located in the control areas of airdromes, shall be subject to the provisions of the respective regu- lations. Proprietors or operators of civil airdromes shall permit gratuitous use thereof to State aircraft, to aircraft. of foreign States on official visit or mission, and to private aircraft used exclusively for tourism, training and agricultural or health purposes and, generally to any air- craft used for search and rescue operations or any aircraft in an emergency. Article 37. Construction and maintenance of civil airdromes and of public service airports of the installations and services thereof and the purchase of materials for such establishment.s shall be considered of affected with the public interest and shall not be subject to the formalities of the preceding provision. Signals and installations of all kinds intended to assure proper air navigation shall also be con- sidered affected with the public interest. Private airdromes shall be considered affected with the public in- terest when they are so declared by the National Government. CHAPTER Vu. AIR TRANSPORTATION Article 38. Air carriers shall be deemed commercial organizations which are organized in accordance with the pertinent laws. and which undertake the operation of public transportation services of passen- gers, cargo, mail or any other activities characteristic of such service. Flights between two or more points on the same route which follow a published timetable, or which are made. in such manner as to be con- tinuous. shall constitute scheduled air transportation. All other kinds of air transportation shall be considered non-scheduled air transpor- tat ion. Public scheduled air transportation shall be permanently available to the public and shall be operated in accordance with previously ap- proved itineraries, flight schedules, timetables and rates. Non-sched- uled air transportation shall be operated in the form of flights con- tracted for by the users and payment shall not be less than that all- thorized for the corresponding scheduled service. Article 39. Tn order to obtain a. license, or permit for the establish- ment and operation of a public air transportation service, such ser'v- ic.e must he a public necessity or convenience: it. must be performed by a lawfully organized enterprise, with the capacity and technical and financial resources to operat.e the proposed service, and it. must assure the fulfillment of all responsibilities arising from the. service PAGENO="1658" 3058 AIR LAWS AND TREATIES OF THE WORLD and of other responsibilities which, in conjunction with other require- ments are stipulated in the license or permit. Licenses for scheduled air carriers shall be granted for a maximum initial period of ten years, and permits for public non-scheduled air carriers for a period stated in each case, which may be revoked at any time. A licensed scheduled air carrier shall have a right to extensions of the initial period if he shows that he has rendered service. Article 40. Permission may be granted to make special flights of public transportation between points served by a scheduled carrier when the latter is not able to make them. The rates for such flights may not be less than those authorized for the corresponding scheduled service. Furthermore, flights for the exclusive purpose of testing and tech- nical experimentation over unexplored routes may be authorized. Such authorizations shall be granted for a maximum of three months and may not be extended. Article 41. Public international air transportation shall be classi- fied as Venezuelan scheduled and non-scheduled service, and foreign scheduled and non- scheduled service. Such service shall be rendered in accordance with the conditions stated in each case. Both licenses and permits shall conform to the provisions of the applicable international treaties or agreements. Permits or authori- zations for foreign international carriers shall be granted on the basis of reciprocity. and without thereby affecting Venezuelan air carriers. Article 42. Non-compliance with any of the provisions of this Chap- ter or the Regulations issued under this Law, shall be reason for sus- pe1~i0n of the services or for revocation of the license or permit, with- out. thereby affecting any other applicable penalties. Article 4-9. The Government shall have priority for the purchase, at the end of each license period or the extension thereof, of the prop- erty and the rights inherent in the transportation service of the re- spective enterprise. CHAPTER VIII. Co~r3rERcLxL AND PRIvATE Am SERVICES Article 44. Aircraft for commercial air service shall be t.hose used for aerial work other than transportation. Aircraft for private air service shall be those used for private pur- poses of their owners and those belonging to aviation schools or to other private aeronautical institutions. In no case may private service aircraft engage in public carriage.. Art iele 45. Operations of aircraft. in commercial or private service shall be carried out in accordance with the provisions of the respective permits, but comrnerc~al services may be rendered only by Venezuelan cornpanio~ and techrical personnel. except. when the latter are not avail able in the count rv. CII~pmR IX. LIABILITY FOR DAMAGES Art~'7e 46. Public air carriers shall be liable for death, injury or any other darn~es c~m~d to p~engers, and for the destruction of, or damages to his hand baggage. PAGENO="1659" AIR LAWS AND TREATIES OF THE WORLD 3059 The damages to which this article refers shall be those which are caused to a passenger by the action of the aircraft while entering or leaving the aircraft and which, because of the transportation, are caused to a passenger on the aircraft prior to his leaving it at the termination of the trip agreed upon in the carriage contract or which are caused by a forced or accidental landing. The amount of compensation shall be the following: a) For death or total permanent disability, twenty thousand boliva.res (Bs20,000). b) For partial permanent disability up to ten thousand boli- vares (Bs10,000). c) For partial temporary disability, up to five thousand boli- vares (B~5,000). d) For destruction of or damage to hand baggage, up t.o one hundred bolivares (B~100). Article 47. Public air carriers shall be liable for damages caused by loss, damage, or delay in the delivery of the cargo or checked luggage. The amounts of compensation shall be the following: a) For loss of, or damage to cargo, up to twenty bolivares (Bs20,000) per kilogram of gross weight. b) For delay in the delivery of the cargo, up to an amount equal to the transportation cost. c) For loss of, or damage to checked luggage, up to five hun- dred bolivares (B8500,00) per piece. If the cargo or checked luggage is carried under a declared value, the limit of liability shall be such value. Article 48. The owners or operators of civil aircraft shall be liable for a.ny damage which, by reason of the operation of an aircraft or as a consequence of objects falling or thrown therefrom, are caused to persons or property on the ground. Operation of aircraft shall be (Teemed to mean any movement carried out by the aircraft by means of its own propulsion machinery. The compensation for such damages shall be in proportion thereto, hut. it. shall not exceed the following limits: a) Aircraft up to 5,000 kilograms of gross weight, sixty thou- sand bolivares (Bs60,000). b) Aircraft. up to 20,000 kilograms of gross weight, two hundred thousand bolivares (Bs200,000). c) Aircraft up to 40,000 kilograms of gross weight, thre.e hun- dred thousand bolivares (B2300,000). d) Aircraft over 40,000 kilograms of gross weight., six hundred thousand bolivares (Bs600,000). When damage is caused both to persons and property, the amount. of compensation to persons shall not exceed two-third of the total com- pensation awarded. Wi~en there is uamage to more than one., the compensation shall be distributed in proportion to the extent of damages suffered by each person. Article 4~9. Carriers may agree on liability up to thirty thousand bo]ivares (Bs30,000) for death or permanent total disability and up to fifteen thousand bolivares (Bs15,000) for injury to a person. Ait'cle ~O. Carriers shall not limit. their liability for damages caused to passengers or to their hand ha~gage when it is proved that the PAGENO="1660" 3060 AIf~ LAWS AND THEAT1ES OF THE WORLD damage were due to intent on their part or on the part of their agents or employees. Article 51. Carriers shall be exempt from liability: in all cases in which they prove that the damage was due to the acts or conditions of the victim or to unlawful acts of a third person: in cases of temporary partial disability and destruction of, or damage to hand baggage, if they prove that they took reasonable precautions to avoid such dam- age, and complied with technical measures required by the law and the regulations issued thereunder, or that it was impossible for them to take such measures: and for delay in the delivery of cargo when it has been caused by adverse weather conditions, by considerations of flight safety, by salvage maneuvers or for reasons of protecting human life or proPerty. Article 52. The owner as well as the operator of an aircraft shall further be exempt from liability for damages caused to third persons on the ground, when such damages arise from the victim's own fault, when they are the result of acts committed by third persons with the intent of causing damage to an aircraft, to the victim or property or when the person who operates the aircraft does so without the consent of the owner or of the operator who, in this last event must show that it was impossible for him to avoid the unlawful use, although he has taken all necessary preventive measures. Noncompliance with this re- quirement shall make them jointly liable with the person causing the damage. Article .53. In the case of a collision of two or more aircraft the dam- ages caused to a third person on the ground must be paid proportion- ately by each of the owners or operators of the aircraft. Such owners or operators shall be jointly liable for the payment of the c.ompensatoll. Article 54. An action for payment of compensation for damages to passengers and their hand baggage, or to third persons on the ground must be brought within one year counting from t.he date of the events which gave rie to them or. if there are none, from the date of the be- ginning of the trip as stipulated in the carriage contract. A rticle 55. Claims in cases of loss of, damage to, or delay in delivery of the cargo or checked luggage must be presented to the carrier within ten days after the date of delivery or the. date on which it. should have been delivered. Failure to make such claim shall prevent the bring- ing of such action. An action for payment. of such compensation must be brought wit.hin a period of one hundred and eighty days from t.he date on which the cargo or the checked luggage should have been delivered. Article 56. In all cases not provided for in this law, a.n act.ion for damages to persons or property and the right to compensation shall be determined by the provisions of the Civil Code. Article 57. The person in charge of t.he operation of any civil air- craft must. insure the crew thereof against the risks of the services rendered by its members. CiTAP1'~R X. ACCIDENTS. SEARCH AND REsCUE A rtfrle .58. For exclusively administrative purposes of this law, in- vestigation and determination of liability for accidents of civil aircraft shall l)e the responsibility of aviation authorities. PAGENO="1661" AIR LAWS AXD TREATIES OF THE WORLD 3061 Article 59. Search and rescue of civil aircraft shall be affected with the public interest and, except in special situations, shall be carried out under the direction and control of the aviation authorities. Article 60. An aircraft shall be considered lost when its destruction is proved, when it is declared unserviceable by the aviation authority, as the consequence of a disaster, or when three months have passed since the date on which the last news was received from it. The Aviation Authority shall declare the loss and shall cancel the respective registration. After such declaration, the statute of limita- tion for the respective actions shall begin to run. Ai~th~le (ii. An aircraft shall be considered abandoned when in a duly justified situation the owner or operator makes a declaration to that effect; when it is not registered and the name of the owner and its place of origin are unknown; and when it remains inoperative on a.n airdrome for more than ninety clays without being in the care of some person. The Aviation Authority shall declare the abandonment, and with the cooperation of the other authorities concerned, shall dispose of the aircraft and of the property found aboard. CHAPTER XI. SERVITUDES Article 62. Aircraft shall be deemed personal property (chattels) of a special nature, susceptible of being mortgaged, which must he registered or recorded in the Air Registry of the Republic of Vene- zuela. Transfer of ownership and servitudes which may be imposed thereon must be recorded in the Air Registry. Otherwise such acts shall be without effect with respect to third parties. Article 68. The following shall be preferred credits on aircraft, on their value or the amount for which they are insured, in the order named: 1. Credits for national and local taxes and other payments for the current and the preceding year. 2. Court costs incurred in the common interest of creditors. 3. Compensation for damages due this law. 4. Expenses for aid and salvage for services rendered to an aircraft in danger and supplies for its last trip. 5. Salaries owed to members of the crew for the last trip and up to 15 days after the arrival of the aircraft at the airport. Article 64. In cases of attachment or any other legal action taken with regard to an aircraft used as public carrier, the authority who imposes the measure shall see that there is no interruption in the service and shall inform the Aviation Authority of the action taken. CHAPTER XII. ScHoor~s, CLUBS AND AVIATION INDUSTRIES Artiele 65. Private Aviation schools shall be operated under a revo- cable and temporary permit, and aviation and model airplane clubs shall be organized as civil associations. Both shall be subject to the supervision of, and inspection by the National Government. Article 66. Aviation manufacturing plants and repair shops shall be est ablisheci in accordance with the respective permits. Article 67. Such schools and institutions of aeronautical studies, and the establishment of aviation nianufacturing plants and repair PAGENO="1662" 3062 AIR LAWS AXD TREATIES OF THE WORLD shops shall be onsideied affected with the public interest-. This shall also apply to aviation and model airplane clubs when so declared by the N at jolla i Government CHAPTER XIII. AIR REGISTRY OF TI-IL REPUBLIC OF VENEZUELA Ji'tcle 68. There shall be a registry called Air Registry of the Republic of Vt-: ~ezue1a, iii which shall be recorded: a) Any title showing acquisition, assignment, change, mortgag- ing or extinction of ownership charter or charges on Venezuelan civil aircraft, aircraft engines, civil airdromes and aviation instal- lations, and other aids to air navigation; b) Licenses and permits of air carriers and tile resolutions modifying or cancelling them; c) Licenses of Venezuelan aviation personnel and renewals, suspensions and cancellations thereof. Artcle 69. Tile Regulations shall provide for the organization, oper- ation, and fees of the Air Registry. Furthermore, they shall provide for franchises, rebates or exemp- tions to be granted. CHAPTER XIV. PENALTIES Artkle 70. A fine of from five hundred (Bs500) to twenty thou- sand boiivares (Bs20.000) shall be imposed: I. On public scheduled air carriers: a) for operating in violation of approved rates, itineraries, flight schedules and timetables; b) for denying free access of their services to the public without a lawful reason; c) for non-compliance with the duties imposed by the license or permits granted, which do not justify invalidation thereof by cancellation or revocation; d) for failure to maintain in perfect condition their flight equipment, airdromes, auxiliary installations and other prop- erty related to tile safety and efficiency of the service: e) Except in tile case of force majeure, for failure to fol- low tile air routes or to utilize the airports assigned to them in tileir licenses or permits. II. On Foreign carriers engaged in public international air carriage, whenever they load or unload cargo or mail on non- commercial flights or because they engage ill domestic service on ~\enezue1an territory. III. On Carriers engaged ill non-scheduled public air carriage and on companies making special public service flights, for charg- ing rates that are lower than tilose approved for regular air c a rria ge. ~1rtc7e 71. A fine of from two hundred and fifty (Bs250) to twenty thousand boiivares (B~O.OOO) shall be imposed: I. On owners, persons having tile disposa] of. or operators of private airc-raft used for aerial photography, tOj)ograpiIy and similar work, for doin~r or permitting such work without a permit-. II. On owners, persons haviiig the disposal of, or operators of private aircraft used for scientific applications of civil aviation, PAGENO="1663" AIR LAWS AXD TREATIES OF THE WORLD 3063 in cases of non-compliance with the legal provisions on Venezuelan and foreign personnel except. where. the impossibility thereof is p roved. Article 72. A fine of from five hundred (B~5OO) to twenty thousand bolivares (B~2O,OOO) shall be. imposed on owners, persons having the disposal of, or operators of civil. aircraft, for registering Tbem in the Re~istr of another State. without having cancelled the Venezuelan re~istration and for transporting without proper authorization weap- ons, dangerous articles, inflammable or explosive substances and similar articles. Article 73. A fine of from fifty (Bs50) to teii thousand bohvares (BslO,000) shall be imposed on any owner, person having the disposal of, or operator of a civil aircraft: I. Who permits the craft to fly: a) without marks of nationality and registration; b) without a valid certificate of air worthiness or registra- tion; c) with a crew which lacks the proper licenses; d) without safety instruments and auxiliary equipment e) except in case of fo,rce inajevie, for not. using installa- tions and services for the aid of air navigation. II. Who alters the marks of nationality and registration with- out proper authorization. 111. `Who orders the commander or pilot of an aircraft to act in violation of this law or of the Regulations issued thereunder. IV. `Who imports a foreign aircraft or exports a Venezuelan craft, without complying with the required conditions. V. Who fails to notify immediately the aviation authority of accidents to their aircraft. VT. Who refuses to participate in search and rescue operations. VII Who allows the aircraft to obstruct or impede flight oper- ations or movement on the airdromes. VIII. `Who commits any violation of the regulations concern- ing airdromes. When a public carrier is involved the penalty shall not be less than five hundred bolivares. Art,'cle 7.-i. A fine of from one hundred (BslOO) to ten tholT~and bolivares (B~lO,OOO), or imprisonment shall be imposed on any person who unduly impedes or attempts to impede the use of 1'uinv~ivs. p~at- foms and other places of transit on airdromes, or who, by means of radio broadcasting impedes, or interferes with aeroi~ai~tical radio- communications. Article 75. A fine of from fifty (Bs50) to ten thousand bolivares (BslO,000) shall be iniposeci upon owners, or persons having the dis- posal of, and operators of any civil airdrome who do not permit the gratuitous use thereof t.o State aircraft,or the landing of aircraft in emergencies and in tile case of airports, for failure to render services in the manner prescribed by this law or by tile licenses. Article 7G. A fine of from fifty (13s50) to five thousand hol'vares (Bs5,000) or imprisonment be imposed on any persoi~ who without just cause, refuses to take part in search and rescue operations for aircraft, if required to do so by the authorities. The same penalty shall apply to any person who, has knowledge of an air accident. and PAGENO="1664" 3064 AIR LAWS AND TREATIES OF THE WORLD does not immediately inform the authorities nearest to the place of the accident, and, except for just causes, to any person who removes or alters an aircraft which suffered an accident or who removes parts thereof without proper authorization, unless he acts for reasons, of protectmg human life or property. Jitic7e 77. The license of any commander or pilot of any civil air- craft shall be suspended for flying in a condition of intoxication or for permitting any member of the crew to participate in the operations of the aircraft in such condition. Suspension of the license may be temporary or permanent as pro- vicled for in the Regulations. ji't;~7e 78. A tine of from one hundred (Bs100) to two thousaiid bolivares (Bs2,000) shall be imposed on a commander or pilot of any civil aircraft: I. Who does not use the services and installations of aid to air mivi gation and other safety devices. II. Who does not comply with flight orders. III. Who permits crew members of the aircraft to fly without carrying their licenses in due form. The same penalty shall be imposed on other members of the flight crew in this situation. lv. Who allows person who is not a member of the flight to take part in the operations of the aircraft., except when there is 1)rOOf of fo ice ma/eu i'e. V. Who transports bodies of deceased persons, or contagious or nient al patients without the required authorization. VI. Who abandons an aircraft, the other members of the crew, the, passengers, the cargo and other property, in a place which is not the point of destination of the flight and without just and seri- ous cause. VII. Who flies over prohibited areas, except in case of force m.a./e'ui'e. VIII. Who begins a flight without ascertaining the validity of the certificate of air worthiness of the licenses of the flight crew and of the marks of nationality and registration of the aircraft. IX. Who permits the use of aerial photographic equipment on board an aircraft in flight without proper authorization. X. Who performs acrobatic, buzzing or exhibition flights over inhabited areas. XI. Who throws or permits the unnecessary throwing of objects or ballast from an aircraft in flight. XII. Who performs demonstration flights, or technical or train- ing tests without proper permission. XIII. Who refuses without just cause to participate in search and rescue operations. XIV. Who does not immediately notify the aviation authority of any accidents which either happened to him or of which he has knowledge by reason of his position. XV. In the case of the crew of a foreign civil aircraft on the national territory, if they do not land on the airdromes which may have been assigned them in the respective permit, except in the case of force nwjeure XVI. Who performs, without prior inspection and approval, flights with aircraft which have been repaired. PAGENO="1665" AIR LAWS AND TREATIES OF TIlE WORLD 3065 Article 79. A fine of from fifty (l~5U) to two thousand bolivares (Bs2,000) shall be imposed 011 tile members of tlìe aviation ground personnel, who, by any act or omission in the performaiice of their duties, endanger or tend to endanger the safety of an aircraft and of airdromes or auxiliary installation. Article 80. A fine of from fifty (11S50) to two tiloilSaIld bolivares (Bs2,000) or unprisonment shall 1)e imposed on any p~son charged with the care of beacons and safety devices on the ground or on the aircraft, who does not perform his duties in accordance with the provi- sions of the regulations. Article 81. For periods up to six months, when in cases it is deemed necessary the aviation authority may suspend the licenses of flight personnel, for the violation of the provisions on safety or it may re- voke them when in their judgement such a measure is indicated. Article 8~. Any other violation of this law oi of the Regulations issued thereunder not expressly provided for in this Chapter, shall be punished by a fine of from one hundred (Bs100) to twenty thousand bolivares (Bs20,000). Article 83. Decisions by the competent public officials imposing penalties shall be subject to appeal before the respective Ministry. The appeal must be presented before the official who imposed the penalty within five working days from the date on which the interested person was notified. In the case of a fine, no appeal shall be unless such fine has been paid or bond posted which is satisfactory of the public official who imposed the fine. Appeals from the decision of the Ministry, in cases where it imposes the penalty or where it. had the case under study, shall be made to the Federal Court. Such appeal shall be presented to the same authority within ten days from the date on which the interested party was notified or if that is the case, on which the decision appealed from was confirmed. There shall be no right to appeal to the Federal Court. when the penalty is a fine of less than four thousand bolivares (Bs4,000). CHAPTER XV. AVIATION AUTHORITY Article 84. The aviation authorities are those designated by the Na- tional Government for that purpose. Article 85. In the absence of an aviation authority in a particular place some other authority may take jurisdiction in matters of super- vision of aviation and, in the case of a violation it must immediately inform the nearest aviation authority of such event. Article 86. The aviation authorities shall have power to detain any aircraft which violates provisions on air navigation. CHAPTER XVI. FINAL PRovIsioNs Article 87. Fines, fees and charges imposed under this law and the Regulations issued thereunder, shall be Paid in accordance with the provisions of the Organic Law of National Finance. Article 88. The Law on Civil Aviation of July 13, 1944, amended in part by the law of July ~5, 1945, is hereby repealed. Article 89. In accordance with the needs of the respective services, and provided it is considered convenient and the legal formalities 39-737---65----vol. II-~1O5 PAGENO="1666" 3066 AIR LAWS AND TREATIES OF THE WORLD have been complied with, the National Government may grant, in whole or in part, exemptions, franchises and subsidies to national air lines operating in the Republic. OTTIER LEGI SLATTON 1 N FORCE Resolution 421 of December 19, 1960 provides that as of January 31, 1961, only Venezuelan technicians can perform the remunerative aeronautical activities mentioned in the Regiarnento de Liceneias al Pe,sonai Técnieo Aeroi~dutk~o. (Gaceta Ofical-December 27, 1960) 2. Decree 600 of July 26, 1961, approves a regulation on private or noncommercial aviation. (Gaceta Oficial, July 26, 1961) 3. Decree 981 of February 5, 1963, approves a regulation on non- scheduled air transport services. (Gaceta Oficial, February 5, 1963) PAGENO="1667" VIETNAM The Republic of Vietnam has no basic air law. The Secretary of State for Public Works and Comirnmications has issued Regiilations for Civil Aviation 1 to which Vietnam is a member. This regulation has been issued in form of a decision 2 by the Director of Civil Aviation acting for and on behalf of the Secretary of State, and includes four annexes: Annex 1: General provisions-Definitions and measurements; Annex 2: Rules of the air; Annex 3: Functions of organizations regulating civil aviation; Annex 4: Procedures for flight service. The regulation is based on Annexes 2 (including Amendment 5) and 11 (including Amendment 9) of the Chicago Convention and on Document ICAO 444/RAC/501/6 (including Amendment 4), and its organisation generally follows that of t.he ICAO documents. Reglementation de la Circulation Aerienne, second ed. 1961. pub. as pamphlet by the Service de io Navigation Aerienne, Section Circulation Aerienne, Direction de l'Avlation Civic. 2 Dectslon No. 16. QD/KV/KL of June 30. 1961. 3067 PAGENO="1668" PAGENO="1669" YEMEN According to an airgram of July 23, 1963, from the U.S. Embassy at Taiz, Yemen does not have civil aviation laws or aviation treaties with other nations. 3069 PAGENO="1670" PAGENO="1671" YUGOSLAVIA LAW No. 392 OF JUNE 1, 1949, No. 47, 1949 1 In accordance with Article 1 of the Law on the Delegation of Powers to the Government of the F.P.R.Y. to issue regulations regarding the national economy, and at the proposal of the Minister of Trans- portation of the F.P.R.Y., the Government of the F.P.R.Y. issues the following DECREE ON Am NAVIGATION, [as amended] 2 I. GENERAL PROVISIONS Art.1 The operation of aircraft in the airspace of the F.P.R.Y., their takeoff and landing on the territory of the F.P.R.Y. shall be subject to the provisions of the present Decree and regulations issued in ac- cordance therewith. Any contrivance, used or intended for flying or air navigation shall be considered as an aircraft. Art. 2 Aircraft shall be either official or civil. Aircraft belonging to the Armed Forces, Customs Authorities and the State Security shall be considered official aircraft. Those [aircraft] intended for air traffic, sanitary services, sports or belonging to associations and organizations and all others not be- longing to the official [category], shall be considered civil aircraft. The provisions of the present decree shall not apply to official air- craft unless otherwise provided for. Art. 3 Civil aircraft may fly over territory of the F.P.R.Y., take off and land only with the permission of the Ministry of Transportation of the F.P.R.Y., Aeronautics Administration, and in accordance with the provisions of these rules. Foreign aircraft may fly over the territory of the F.P.R.Y., take off and land only when authorized on the basis of an international agreement or when they obtain a special permit from the Ministry of Foreign Affairs of the F.P.R.Y. and provided they abide by the pro- visions of the present Decree and rules governing air navigation and the traffic of passengers and goods. 1 Uredba 0 Zraënoj plovidbi, Br. 392 od. 1, june 1949. Stu.~beni List Federativne Narodne Repubiike Jugoslavsje, Br. 47, 1949 (Decree on Air Navigation, Law No. 392 of June 1, 1949. Official Gazette of the Federal People's Republic of Yugoslavia [hereinafter referred teas F.P.R.Y.] No. 47, 1949). 2 Art. 12, Decree No. 534 of December 12, 1951, Bringing Into Conformity With the Provisions of the Basic Law on Petty Offenses [other] Special Provisions on Petty Offenses in Decrees and Other Regulations. [Issued by] the Government of the F.P.R.Y., and Its Agencies. (Si. L. No. 56, 1951.) 3071 PAGENO="1672" 3072 AIR i~vs AND TREATIES OF THE WORLD Art. 4 Aircraft shall be forbidden to transport, without a special permit, any kind of arnis. amnimlition. explosives, poisonous gases, acids, in- flainniables and articles iunl equipment which could be dangerous to the security of the state. Art. 5 All civil aircraft must be registered and equipped with visible marks (if registration and nationality. For every flight they must have the required documents. The flight iiei'sonnel in civil aircraft must. have a valid working lel'mit issued by the competent agency of the state in which the air- craft is registered. All aircraft must have a commander [leader]. If t.he commander [leader] is not specifically designated. then the first pilot shall be con- siclered as such. Art. 6 Civil aircraft of the F.P.R.Y. and all foreign aircraft may fly in the air space of the F.P.R.Y. only in the prescribed air corridors. Gliding aircrafts of the F.P.IhY. are excepted. Flying over prohibited zones shall be forbidden. The entrance or exit of (lomestic and foreign aircraft into or from tlie~ airspace of the F.P.Il.Y. may lie made only along an established border air corridor. Foreign aircraft entering the F.P.R.Y. are required to establish radio contact with the nearest airport of the F.P.R.Y. as soon as they enter the prescribed air corridor. They shall also be required, during their flight on their designated route, to enter into contact with any airport which they pu1ss over. Art. 7 The take off and landing of civil aircraft shall be permitted only at airports and airfields. Foreign aircraft coming from abroad may land on public customs airports only, and may taRe off only from these in order to fly abroad. II. CIVIL AIRORAFI' Art. 8 Civil aircraft and equipment in the F.P.R.Y., as a rule, shall belong to the State or to governnieiitutl economic enterprises. ~-ocietie~. organizations and other legal entities and individuals may operate and use civil aircraft and flying equipment only with the l)e1111i~s10n of the Ministry of Transportation of the F.P.R.Y. Art. 9 Civil aircraft of the F.P.R.Y. shall not be used for flying unless it is recorded in the registry kept by the Ministry of Transportation of the F.P.R.Y.. Aeronautics Administration. A~i aircraft nmnv be registered only in one place at a time. Art. 10 Before registration. an aircraft must be inspected by an expert coluiluissioll. which shall establish its airworthiness. in establishing this airworthiness it shall be determined whether the aircraft has the equipment necessary for its purpose. PAGENO="1673" AIR LAWS AND TREATIES OF THE WORLD 3073 If the equipment contains radio communication equipment a special permit for the operation thereof must be obtained from the Postmaster General of the F.P.R.Y. Art. 11 Civil aircraft flying over the territory of the F.P.R.Y. must have the following documents: a certificate of registration, a certificate of airworthiness, the aircraft log, a working permit for the crew, a list of passengers, an invoice of cargo and mail, the flying route and a permit for the use of radio communication equipment., provided such exists. III. AIRPORTS AND AIRFIELDS Art. 12 Airports shall be official, public or special. Official airports shall be designated for the use of official aircraft; public [airports] shall be for the use of civil and foreign aircraft and special airports shall be built, organized and operated by the state, by domestic social organizations and by government economic enter- prises for civil aircraft with a special purpose. Public airports at the same time may be also customs airports. In such case they must be equipped with all necessary facilities for the functioning of the customs services and for preventing the spread of contagious diseases. Art. 13 Public airports in the F.P.R.Y. shall belong to the state and shall be under the administration of designated government agencies. The use of airports shall be subject to federal taxes as established by the Ministry of Finance of the F.P.R.Y. The servicing of aircraft and other services on airports shall bu paid for separately. Art. 14 Besides airports, there shall also be airfields for landing and take- off only. They may be owned or used by the state, social organizations, legal entities and individuals. However, they must always be under the control of the Ministry of Transportation of t.he F.P.R.Y., Aero- nautics Administration, which shall regulate the maintenance and use of the airfield. These airfields shall belong to the special category only. Art. 15 All radio equipment for communication and radio navigation shall be exclusively under the administration and control of designated aeronautics agencies of the government. When using an airport, social organizations, enterprises, legal en- tities and individuals may maintain their own radio communications equipment for commercial purposes, but always only with the ãp- proval of the Postmaster General, and under supervision of the Min- istry of Tran~port.ation, Aeronautics Administration. Art. 16 The government agency designated to manage an airport shall be the Airport Administration. It shall manage the airport, and regu- late and co-ordinate all aeronautical activities of the airport. 39-737--65-vol. II-----406 PAGENO="1674" 3074 AIR LAWS AND TREATIES OF THE WORLD Airfields shall be managed by an Airfield Administration. Art. 1~ The Airport Administration shall include aviation control agen- cies. Their duty shall be to make safe and to control the air naviga- tion of all civil aircraft, foreign and domestic, as well as official aircraft of foreign govermnent~s during their flight over the territory of the F.P.R.Y. All facilities and equipment for flight~ performance and sa.fety shall be administered and controlled by these agencies. IV. FLIGHT Art. 18 In order to receive, a takeoff permit, the owner (lessee) or com- mander of a civil aircraft must report the intended take-off to the aviation control agency of the appropriate airport or airfield. The report must contain the requested information and the corn- mander shall be bonnd to follow the information given in the report, unless it is changed on the takeoff permit. Art. 19 Non-scheduled flights of foreign aircraft and their flights in non- scheduled air traffic above, the territory of the F.P.R.Y., either related to a landing or only to transit. flight, must be reported through reg- ular diplomatic channels at least 48 hours in advance in order t.o get the permission. The report must contain the following information: type and marks of the aircraft, name and address of the owner or the lessee of the aircraft, names of the responsible commander and the crew, purpose of the flight, date, time and place of entry, direction of the flight, place of landing and period of stay in the territory of the F.P.R.Y., date, time and place of exit and also other incidental infor- mation (weight of the aircraft, fuel needs, cargo, radio frequency, radio equipment, etc.). The permission shall be issued by the Ministry of Foreign Affairs of the F.P.RY. which shall immediately notify the Ministry of Transportation of the F.P.R.Y., Aeronautics Administration. In the same manner there shall be reported the flights of foreign aircraft over established air routes with the distinction that the re- port shall not be made for every aircraft and every flight, but only for regularly scheduled flights. Art. 20 Before. take-off the commander must ascertain that all navigational and technical preparations for the flight have been made. An aircraft may be operated only by the authorized crew. Art. 21 During the flight over the territory of the F.P.R..Y. foreign air- craft must. use the radio frequencies authorized by the Ministry of Transportation of the F.P.R.Y., Aeronautices Administration, and must obey all orders of the aviation authorities of the F.P.R.Y. is- sued with regard to the present Decree and the safety of flight. During flight over the territory of the F.P.R.Y. aircraft shall not fly at altitudes which are dangerous to the safety of the aircraft, PAGENO="1675" AIR LAWS AND TREATIES OF THE WORLD 3075 its passengers, or individuals and property on the ground, except when necessary during maneuvering for a forced landing. Signaling front the aircraft shall be permitted only in connection with communications and safety. Art. 22 Persons with photographic and motion picture cameras and those with a permit for carrying arnis shall hand over all such articles to the commander of the aircraft before entering the aircraft. Art. 23 Liability of, and damages caused by an aircraft during flight or while taxying on the ground of coastal waters of the F.P.R.Y. shall be adjudicated according to domestic laws. For damage caused by a foreign aircraft its owner shall be liable. Art. 24 Entering foreign aircraft. are forbidden to land between the state border and the civil customs airfield except in cases of an act of God (force majeure). They may takeoff from a civil customs airport only after the custom inspection. In such cases they may not land again on the territory of the F.P.R.Y. Art. 25 If because of an act of God (force maje'u.re) or other excusable causes a foreign aircraft passes the border outside the established air route or finds itself outside the established air routes in the airspace of the F.P.R.Y., the commander shall immediately contact the avm- tion control authorities of the F.P.R.Y. and, after receiving the sig- nal, shall land on the nearest. airport or the airport designated by signals. If the aircraft refuses to follow the signals given, it. shall be forced to land. Art. 26 If a foreign aircraft is forced by an act of God to land outside an established public airport, the commander shall immediately so re- port to the nearest. government authorities which shall provide for the safety of the aircraft and for the accommodation of the crew, passengers and goods. Art. 27 In the interest of state security and air navigation, aviation agencies shall have the right to request the landing on a determined airfield of any aircraft flying in the airspace of the F.P.R..Y. Art.. 28 In case of an accident of a domestic or foreign ~ii nraft, the accident shall be investigated in order to establish its nature, extent, causes and, possibly, the liability of individuals. The investigat.ion shall be conducted by the aviation authorities. The investigation of accidents of foreign aircraft of any kind shall be conducted by a special commission, set up by the Ministry of Trans- portation of the F.P.R..Y., Aeronautic Administration. Owners of the aircraft or their representatives may participate as observers in all investigations of the commission. PAGENO="1676" 3076 AIR LAWS AND TREATIES OF THE WORLD 11 the accident assiunes the proportion of a catastrophe, i.e., when it involves human victims or when it is a case for which there are special regulations, the~ investigation shall be conducted by t.he repre- seiitatives of the Ministry of r~ rtf of the F.P.R.Y. Art.. 29 An aircraft shall be considered lost if no traces shall have been found within a. period of six months after its disappearance during flight. Art. 30 The pie.seiit Decree shall apply aso to flight~ over the Yugosiav airspace without landing. V. AIR TRAFFIC Art. 31 Any scheduled or non-scheduled trip by an aircraft between two or more points on land, whether transporting passengers, cargo, mail or empty, shall be considered air traffic in accordance with the present Decree. Flights, not related to scheduled air traffic shall be considered non- scheduled flights. Art. 32 Air traffic by means of civil aircraft within the airspace of the F.P.R.Y. shall be considered domestic. air traffic. Air traffic by civil aircraft, whether doniestic or foreign, involving the crossing of the borders of the airspace of the F.P.R.Y. shall be considered international air traffic. Art. 33 Transportation of passengers and cargo between two points on the territory of the F.P.R.Y. shall be made only by domestic aircraft. Art. 34 The commander of a civil aircraft shall have disciplinary authority over the aircraft during the flight. His authority shall be exercised according to the regulations issued by the Ministry of Transportation of the F.P.R.Y. The passengers must be notified of the identity of the commander of the aircraft. Art. 35 The crew, passengers and goods which are transported must be insured during the flight. If such insurance is not available, then the owner of t.he aircraft. shall be liable for damages, if any. Art. 36 For the following petty offenses there shall be punished by a fine not to exceed 5,000 dinars: (1) any aircraft enterprise and any owner of an aircraft who uses or continues to use in [air] traffic an aircraft without the marks of nationality and registration, or without a certificate of registration or a certificate of airworthiness; PAGENO="1677" AIR LAWS AND TREATIES OF THE WORLD 3077 (2) ally aircraft enterprise and owner of an aircraft who de- livers an aircraft to he flown by individuals without a permit to operate [the craft]; (3) any aircraft enterprise that does not adhere to a strict and regular flight schedule for which it assumed the responsibility; (4) any commander who takes off before it is established that all navigational and technical preparation for the flight has been completed; (5) ally aircraft enterprise and any owner who overloads an aircraft; any commander who lakes off with an overloaded air- craft, as well as the flight controller who permits such aircraft to fly; (6) any aircraft commander flying outside the established air routes or above a prohibited zone; (7) any aircraft commander who does not contact tile flight control [authority] in time or who does not comply with tile orders concerning the flight control; (8) any person who negligently executes the navigational and technical flight preparation with which he is charged; (9) any person who acts contrary to Articles 4, 21, 22 and 24 of the present Decree; (10) any aircraft enterprise and any owner of an aircraft who fails to insure tile crew, tile pasSeilgers and the cargo; (11) any member of the crew who, without justification, aban- dons Ins post of duty on the aircraft: (12) any person who endangers flight safety, as well as any individual who violates the provisions of the preseilt Decree or the provisions issued pu1~11a11t to the preseilt Decree. For the petty ofienses specified in the foregoing Paragraphs num- bered 1, 2. 3. .~ anfi 10, a le~iat entity shaH be puuishe(l by a fine not to exeed ~0.000 dinars. Fur tin iollu\vlllg petty ofieii~es there shall he l)unishe(l by a fine rIot to exceed 3.000 (linars: (1) any commander who uses an aircraft without the marks of nationality and registration or without obtainnlg a certihc~ate of registration or a certificate of airworthiness, and any flight controller who peimits such aircraft to takeoff: (~) any commander who uses an aircraft and members of the crew without a permit to operate, as well as any flight controller wilo permits them to take-off: 3) any colllfllallcler who, by his own negligence, causes the destruction of the prescribed flight records, or b his own ilegli- gence enters inaccurate information in these records. For tile following petty offenses there shall be punished by a fine not to exceed L000 dinars: (1) an person wilo, without authorization, enters any landing or takeoff section of tile airport, or who, without authorization, remains thereon, as well as any person who keeps or permits do- mestic animals tilereon; (2) any person wilo enters or operates an aircraft without autilorization. Art. 36a In addition to the punishment for petty offenses specified in (a), nos. 4, 5, 6, 7 and 11 and (b) nos. 1-3, of the preceding Article, against PAGENO="1678" 3078 AIR LAWS AND TREATIES OF THE WORLD the commander of an aircraft and members of the crew the protective measure of prohibiting their flying may be imposed. The prohibition to fly shall be imposed for not more than six months. Any person against whom this measure has been applied, shall lose his license for such time as he is prohibited to fly. Art. 37 For the petty offenses specified in Article 36 committed by any aircraft enterprise or any commander of an aircraft, by menThers of the crew or individuals taking part in navigational or technical flight preparation, as well as by the personnel concerned with flight safety, administrative-penal proceedings shall be instituted and the original decision be handed down by the manager of the public airport. For petty offenses specified in Article 36 committed on an aircraft in flight by persons specified in the preceding paragraph, proceedings shall be instituted and the original decision be handed down by the manager of the public airport having jurisdict.ion over the place from which the aircraft took off. From the original decision of the manager of the airport, an appeal may be taken to the air navigation control [administration]. The. air navigation control [administration] shall initiate admin- istrative-penal proceeedings for those petty offenses specified in Para- graph 1 of this Article in w-hic.h, in addition to the punishment, t.he protective measure of a prohibition to fly shall be imposed, and for all other petty offenses against persons specified in Paragraph 1 of this Article it may take jurisdiction over already instituted proceed- ings. and hand down a decision at any stage thereof. In the case of an appeal from an original decision by the air navi- gation control [administration] the next higher authority shall make the determination. Administrative-penal proceedings for petty offenses specified in Article 36 of the present Decree commit ted by l)~I~SOI1S other than those specified in Paragraph 1 of this Article, shall be instituted by the judge for petty offenses. Art. 38 The Airport Administration may detain, at the expense of the owner, any aircraft and crew whose papers are not in order, until the legal requirements have been satisfied. VII. FINAL PROVISIONS Art. 39 Rules for the enforcement of the present Decree shall be issued by the Ministry of Transportation of the F.P.R.Y. Art. 40 The present I)ecree shall enter into force on the day of publication in the Slu~ben LL~t Feder,itii'ne LVarodne Rep~ub7ike Jugosiavije [Ofli(ial Gazette of the F. P.R. V.]. Based on Article 52 of the Law on State Management (Official Gazette No. 13/56 and 44/57) and Article GO of the Law on Budgets ~tr~d Frntuierng c~f Autonomous Institutions (Official Gazette No 52/59, PAGENO="1679" AIR LAWS AND TREATIE~S OF THE WORLD 3079 23/61, 52/61, 28/62 and 53/62), the Federal Executive Council pro- mulgated the following Regulation: TI Directorate for Civil Aeronautics ~ Article 1 The Directorate for Civil Aeronautics (hereinafter, the Directorate) is established as a federal management agency for the performance of management activities in the field of aeronautics. Article ~ The Directorate performs activitie.s in connection with the move- ment and control of aircraft of airlines operating in the Yugoslav air space; approves airflight schedules; inspects aircraft; maintains the register of `aircraft; gives opinions on technical conditions, as well as on other conditions necessary for the opening of airports; investi- gates accidents; performs professional examinations of flight per- sonnel; cooperates with institutions and organizations of other coun- tries and with international organizations in the field of air traffic and control; participates in the preparation of international agreements in this field and insures their compliance; and, performs those other management activities in the field of air traffic and control that are not within the competence of other federal management agencies. The Directorate, in agreement with the State Secretariat for the People's Defense and the Secretariat of the Federal Executive Council for Transport and Communications, determines air routes and border entrance and exit corridors in the Yugoslav air space. Article 3 The Directorate has the attributes of a legal entity. Article 4 A Director manages the activities of the Directorate. The Director is appointed and removed from Office by the Federal Executive Council. Article 5 The Directorate will collect fees for controlling the movement of aircraft on Yugoslav air routes. These fees are determined by a rate schedule established by the Sec- retariat of the Federal Executive Council for Transport and Corn- muriications in agreement with the Secretariat of the Federal Execu- tive Council for the Federal Budget and General Management. income from fees acquired by the Directorate in dinars and foreign exchange will be registered in a separate bank account and may be utilized oniy for the supply of new-, and maintenance of existing in- stallations and equipment for the movement and control of aircraft, as well as for the improvement of the service of aircraft traffic and control. Utilization of funds from this separate account will be controlled by determinations made by the Directorate in agreement with the Sec- retariat of the Federal Executive Council for the Federal Budget and General Management. Article 6 The Directorate performs its functions through District. Centers ftmctioning as field offices, and through its administrative units. ~ Published in Yugoslav Official Gazette, No. 4, January ao, 1~63, p. 64. PAGENO="1680" 3080 AIR LAWS AND TREATIES OF THE WORLD The internal organization of the Directorate will be established by rules promulgated by the Directorate with the agreement of the Fed- eral Executive Council. Article 7 District~ Centers perform their functions within an area determined by the Directorate in agreement with the Secretariat of the Federal Executive Council for Transport and Communications and the State Secretariat for the People's Defense. District Centers will have a unit for t.he guidance and control of aircraft within their area at every public airport within their scope of responsibility. District Centers will also have units for the guidance and control of aircraft on selected airfields of the Yugoslav Air Association within their scope of jurisdiction. The Directorate will determine on which airfields of the Yugoslav Airflight Association these units will be lo- cated. Article 8 Supervision over the activities of the Directorate, as well as other rights and duties provided for in Article 43 of the Law on State Man- agement, will be performed by the Secretariat of the Federal Execu- tive Council for Transport and Communications. The Secretariat of the Federal Executive Council for Transport and Communications may, in the performance of its rights of control, annul or cancel measures taken by the Directorate which are beyond its ai.uhority, if these acts are contrary to the law or other regulations. Artic7e 9 Administrative-penal proceedings against flight violations corn- mitte(l by an airline, the owner or captain of aircraft or by any other person participating in the flight or I)repal'ations for it, or organiza- tions winch use airports for commercial purposes, will, in the first in- stance. be institute(l by the District Center. The Directorate will decide on complaints against, a decision of a Dist rict Center. Ji'~7e 10 The Directorate has the right to utilize all buildings, installations, equipment and other property which were previously used by the former Civil Aviation Administration. ~1i't;cle 11 The following regulations are abrogated on the day when this Reg- ulat~on comes into forc.e: The Regulation on the Organization and Ac- tivities of the Civil Aviation Administration (Official Gazette 21/53) Paragraphs 3 and 4 of Article 23 on the Regulation on Airflight (Of- ficial Gazette 47/49) ; Paragraphs 1 to 5 of Article 37 on the Regula- tion of Airflight, which was amended by Article 12(c) of the Regula- tion harmonizing particular rules on violations of regulations and other rules of the Government of Yugoslavia and it.s agencies with the stipulations of the Fundamental Law on Violations (Official Gazette .56,/Si); and the Decision on the Authorization of the Civil Aviation Administration to determine border entrance and exit cor- ridors for air traffic (Officia.1 Gazet.t.e 24/54). PAGENO="1681" AIR LAWS AND TREATIES OF THE WORLD 3081 Article 12 This Regulation comes into force on the eighth day after its pub- lication in the Yugoslav Official Gazette. Ordinance concerning the Commission for the Peaceful Use of Outer Space, March 12, 1963.~ Article 1. The Commission for the Peaceful Use of Outer Space (hereinafter: Commission) is hereby established as an independent agency of the Federal administration. Article 2. The Commission shall have the duty of organizing re~ search in problems concerning the peaceful use of outer space. For such purpose, it shall coordinate, in accordance with the national plan for peaceful use of outer space, the work of the Federal administrative agencies, and of institutions and organizations established by the Federal government agencies, that perform research in the field of peaceful use of outer space. The Commission shall submit to the competent government agencies proposals for measures for the peace- ful use of outer space. It shall also independently undertake all measures within its jurisdiction. It shall pursue the development of peaceful use of outer space within the framework of the international plan. Article S. The Commission shall consist of the president and the members who shall be appointed by the Federal Executive Council from the representatives of the interested Federal administrative agen- cies, institutions and organizations. Article 4. The Commissions shall decide by majority of the votes of the members of the Commission. Article 5. The work of the Commission shall be supervised by the president. The president of the Commission shall prepare the meet- ings of the Commission, convoke it and ensure the execution of deci- sions and other actions of the Commission. Article 6. The secretariat of the Federal Executive Council for Transportation and Communications shall provide the technical and administrative services for the work of the Commission and the execution of its decisions. Article 7. The appropriations required for the operation of the commission within its jurisdiction shall be provided for in the budget of such secretariat. Article 8. The Commission shall issue regulations concerning its organization in accord with the Federal Executive Council. Article 9. This Ordinance shall take effect on the eighth day after its publication in the Slutheni List of the FPRY. ~ SlulbenI List of the Federal Peoples' Republic of Yugoslavia (FPRY), No. 12/63. March 27, 1963. 4 PAGENO="1682" PAGENO="1683" ZANZIBAR Zanzibar has been combined with Tanganyika to form Tanzania. For law see Uganda. 3083 0 A PAGENO="1684"