Air Transport Act, 1986

Air Transport Act, 1986 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1986 Air Transport Act, 1986 Air Transport Act, 1986 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 4 of 1986 AIR TRANSPORT ACT, 1986 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Charges etc. to which Act applies.

Section 3

Notice requiring particulars of proposed airline tariffs.

Section 4

Temporary direction pending decision under section 3.

Section 5

Register.

Section 6

Offences.

Section 7

Evidential value of certain certificates.

Section 8

Penalties.

Section 9

Giving of notices.

Section 10

Amendment of Act of 1965.

Section 11

Expenses.

Section 12

Repeal.

Section 13

Short title and collective citation.

Acts Referred to Air Navigation and Transport Acts, 1936 to 1975 Companies Act, 1963 1963, No. 33 Air Navigation and Transport Act, 1965 1965, No. 6 Number 4 of 1986 AIR TRANSPORT ACT, 1986 AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE CONTROL OF RATES AND FARES CHARGED ON AIR SERVICES TO, FROM AND WITHIN THE TERRITORY OF THE STATE, TO MAKE PROVISION AS REGARDS THE REGULATION OF THE OTHER CHARGES RELATING TO SUCH AIR SERVICES AND THE CONDITIONS OR OTHER TERMS ON OR SUBJECT TO WHICH SUCH AIR SERVICES ARE PROVIDED, AND TO AMEND THE AIR NAVIGATION AND TRANSPORT ACT, 1965 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [20th March, 1986] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act— “the Act of 1965” means the Air Navigation and Transport Act, 1965 ; “air carrier to which this Act applies” means a person— (a) who operates an air service of a kind for the time being authorised under section 7 of the Act of 1965, or (b) to whom an authorisation under section 8 of the Act of 1965 has been granted and which is for the time being in force; “airline tariff” means the fares, rates or other charges which are payable to or made by either an air carrier to which this Act applies or an intermediary to whom section 6 of this Act applies as regards the transport by air of passengers (either with or without luggage or baggage), mail or other cargo and the conditions (including in particular conditions as regards agency or other auxiliary services) or other terms on or subject to which those charges are to be paid or made; “fare” includes a fare net of discount; “the Minister” means the Minister for Communications; “the register” has the meaning assigned to it by section 5 ; “rate” includes a rate net of discount.

Charges etc. to which Act applies.

2.—This Act applies to any fare, rate or other charge, term or condition contained in an airline tariff which is an airline tariff to which a notice under section 3 of this Act which is for the time being in forces relates.

Notice requiring particulars of proposed airline tariffs.

3.— (1) (a) The Minister may, by a notice in writing given to an air carrier to which this Act applies, for so long as the notice remains in force, require such carrier to submit, or cause to be submitted on his behalf, to the Minister, in writing and before its implementation, particulars of any airline tariff proposed to be applied by such air carrier, being an airline tariff to which the notice relates. (b) Where a notice under this section is given, then, for so long as the notice remains in force, the person to whom it is given shall comply with the requirements of the notice.

Temporary direction pending decision under section 3 .

4.—(1) Where an airline tariff is submitted to the Minister pursuant to section 3 of this Act by or on behalf of an air carrier, the Minister may give to the person from whom the submission is received a direction under this section in respect of that air carrier prohibiting such air carrier's applying (whether directly or through an agent) the tariff, or, as may be specified in the direction, his collecting, charging, making, applying or imposing any one or more of the fares, rates or other charges, terms or conditions contained in such tariff and so specified, and such direction shall come into force on the expiration of the period of seven days beginning on the day on which a copy of the direction is sent by the Minister unless, not later than the seventh day following the day on which such copy is so sent, the person from whom the submission was received satisfies the Minister that the direction should not come into force.

Register.

5.—(1) The Minister shall keep a register (in this Act referred to as “the register”) for the purposes of this Act and shall, as soon as may be, enter therein particulars of— (a) any application to the Minister by or on behalf of an air carrier for authorisation under section 7 or 8 of the Act of 1965 to operate an air service to, from or within the territory of the State and in respect of which operation the Minister would, if the authorisation were granted, propose to issue a notice under section 3 of this Act, (b) any decision given by the Minister under paragraph (a) of this subsection, (c) any airline tariff submitted pursuant to the requirements of a notice under section 3 of this Act and the name of the air carrier by or on whose behalf the submission was made, (d) any decision given by the Minister under the said section 3 , and (e) any temporary direction given under section 4 of this Act.

Offences.

6.—(1) Where— (a) a person collects, charges, makes, applies or imposes any fare, rate or other charge, term or condition to which this Act applies, and (b) (i) the fare, rate or other charge, term or condition is not contained in an airline tariff previously submitted by or on behalf of the air carrier concerned to the Minister pursuant to the requirements of section 3 of this Act, or (ii) such an airline tariff has been so submitted but the Minister has refused to approve of the fare, rate or other charge, term or condition, on such submission, or (iii) such an airline tariff has been so submitted and has, been approved of by the Minister subject to a modification, but in collecting, charging, applying or imposing the charge, term or condition the modification is disregarded by the person, the person shall be guilty of an offence.

Evidential value of certain certificates.

7.—In any proceedings for an offence under this Act, the production of a certificate purporting to be signed by an officer of the Minister and certifying that a fare, rate or other charge, term or condition specified in the certificate is a fare, rate or other charge, term or condition, as may be appropriate, to which this Act applies and that— (a) the fare, rate or other charge, term or condition so specified was not contained in any airline tariff submitted to the Minister pursuant to the requirements of section 3 of this Act, or (b) that on being so submitted the fare, rate or other charge, term or condition was approved of by the Minister subject to a modification (which modification shall be certified in the certificate), or (c) that, though it was so submitted, the Minister refused to approve of the fare, rate or other charge, term or condition, shall, until the contrary is proved, be evidence of any fact certified by the certificate without proof of any signature thereon or that any such signature is that of such an officer.

Penalties.

8.—(1) Every person guilty of an offence under subsection (2) of section 12 of the Act of 1965 in respect of a contravention of or failure to comply with an order under section 9 of that Act or every person guilty of an offence under subsection (1) or (6) of section 6 of this Act or who, by virtue of subsection (4) or (7) of that section, is deemed to have committed such an offence, shall be liable— (a) on summary conviction, to a fine not exceeding £1,000, or (b) on conviction on indictment, to a fine not exceeding £50,000.

Giving of notices.

9.—(1) Where a notice is required by this Act to be given to a person, it shall be addressed to him and shall be given to him in some one of the following ways: (a) where it is addressed to him by name, by delivering it to him; (b) by sending it by telex or other telecommunications message to, or leaving it at, the address at which he ordinarily resides or, in a case in which an address for service has been furnished, that address; (c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address.

Amendment of Act of 1965.

10.—The Act of 1965 is hereby amended by— (a) the insertion of the following definitions before the definition of “the Minister” in subsection (1) of section 1: “‘fares’ includes fares net of discount; ‘rates’ includes rates net of discount;”; (b) the substitution of the following subparagraphs for subparagraphs (i) and (ii) of section 6 (1) (b): “(i) if an order under section 9 (as amended by section 10 of the Air Transport Act, 1986) of this Act fixing the fares, rates or other charges, terms or conditions to be charged, made, applied or imposed as regards the carriage of passengers, cargo and mail on the service is in force, the fares, rates or other charges, terms or conditions so fixed are charged, made, applied or imposed, as may be appropriate, as regards the service, or (ii) if the fares, rates or other charges, terms or conditions to be so charged, made, applied or imposed are fares, rates or other charges, terms or conditions to which the Air Transport Act, 1986, applies— (I) the fares, rates or other charges, terms or conditions are contained in an airline tariff previously submitted to the Minister for his approval pursuant to section 3 of that Act, and (II) none of the fares, rates or other charges, terms or conditions is one as regards which on such submission the Minister has refused his approval, or, in case the Minister has given such approval subject to a modification, regard is had to the modification.”; (c) the substitution of “, rates or other charges, terms or conditions to be charged, made, applied or imposed in respect of or in relation to the carriage” for “or rates to be charged for the carriage” in subsection (1) of section 9; (d) the substitution of “, rates or other charges, terms or conditions” for “or rates” in subsection (2) of section 9; (e) the substitution of “, rates or other charges, terms or conditions charged, made, applied or imposed in respect of or in relation to the carriage of passengers, cargo and mail on those services, or proposed so to be charged, made, applied or imposed,” for “or rates charged or proposed to be charged in respect of the carriage of passengers, cargo and mail on those services” in subparagraph (vi) of section 11 (a); (f) the insertion before “shall be liable” in subsection (2) of section 12 of the Act of 1965 of “, except for a contravention of or failure to comply with an order made under section 9 of this Act,”; and (g) the substitution in subsection (2) of section 12 of “£1,000” and “£100,000” for “one hundred pounds” and “one thousand pounds”, respectively;

and the said subsection (1), the said subsection (2) of the said section 9, the said subparagraph (vi) of the said section 11 (a), and the said subsection (2) of the said section 12, as so amended, are set out in paragraphs 1, 2, 3 and 4, respectively, of the Table to this section.

TABLE 1. (1) The Minister may, by order, fix the fares, rates or other charges, terms or conditions to be charged, made, applied or imposed in respect of or in relation to the carriage of passengers, cargo or mail on air services to, from or within the territory of the State.

Expenses.

11.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeal.

12.—Section 10 of the Act of 1965 is hereby repealed.

Short title and collective citation.

13.—(1) This Act may be cited as the Air Transport Act, 1986.

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