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2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1988 Air Navigation and Transport Act, 1988 Air Navigation and Transport Act, 1988 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 15

1988 AIR NAVIGATION AND TRANSPORT ACT, 1988 ARRANGEMENT

SECTIONS PART I Preliminary and General Section

1. Short title, collective citation and construction.
2. Interpretation.
3. Laying

orders and Regulations before Houses

Oireachtas. 4. Expenses. PART II Provisions to promote security and safety

civil aviation and other provisions in relation to aerodromes and aircraft 5. Application

Part II

Security and safety at aerodromes. 7. Directions by Minister in relation to security and safety

aerodromes. 8. Duty

operator

aerodrome to report to Minister. 9. Extension

power

Minister to revoke, cancel or suspend licence or authorisation. 10. Power

Minister to prohibit landing at, or departure from, aerodrome in certain conditions.

1. Obligation to effect insurance in relation to aerodromes.
2. Possession

certain dangerous articles in aerodromes. 13. Directions by Minister in relation to security and safety

aircraft. 14. Duty

operator

aircraft to report to Minister. 15. Extension

power

Minister to refuse or cancel registration

aircraft. 16. Detention or restriction

use

aircraft. 17. Obligation

owners or operators

aircraft in relation to liability for loss or damage arising from operation

aircraft. 18. Inspection

aerodromes, aircraft, etc., for purposes

this Part. 19. Possession

certain dangerous articles in aircraft.

1. Indemnity against proceedings.
2. Hearing

proceedings in relation to exercise by Minister

power under this Part. 22. Control

aircraft, aerodromes, etc., by Minister for duration

emergency.

1. Restriction on dumping near aerodromes.
2. Amendment

section 60

Principal Act. 25. Amendment

section 15

Act

2. Amendment

section 16

Act

2. Extension

sections 16 to 20

Act

1950 to non-State aerodromes. 28. Increase in penalties for certain

fences. 29.

fences and penalties (Parts II, IV and V). 30. Exchequer grants or other payments in relation to construction, etc.,

aerodromes in State. 31. Amendment

section 8

Act

2. Detention and sale

aircraft for unpaid aerodrome charges. 33. Powers

authorised

ficers at aerodromes. PART III Provisions in relation to the 1975 Protocols to the Warsaw Convention 34. Commencement

Part III

Application

Part III

1975 Protocols to the Warsaw Convention to have the force

law in the State. 37. Consequential amendments to Principal Act and Act

1. PART IV Provisions in relation to the 1984 Protocol to the Chicago Convention
2. Required landing or interception

certain aircraft. 39. Amendment

section 12

Act

2. Compliance with required landing order. PART V Miscellaneous
3. Detention

aircraft. 42. Impersonation

authorised

ficer or authorised person.

1. False alarms.
2. Transfer to Minister

powers

Government under certain Acts. 45. Transfer

certain functions to Minister. 46. Amendment

section 18

Principal Act. 47. Amendment

sections 55 and 56

Principal Act. 48. Amendment

section 2

Hire-Purchase Act,

2. Amendment

Customs-free Airport Act,

2. Amendment

section 7

Act

2. Amendment

sections 3 and 5

Air Navigation and Transport Act, 1975. 52. Amendment

section 3

Air Transport Act,

2. Repeals. FIRST SCHEDULE 1975 Protocols to the Warsaw Convention SECOND SCHEDULE Repeals Acts Referred to Air Navigation and Transport Act, 1936 1936, No. 40 Air Navigation and Transport Act, 1946 1946, No. 23 Air Navigation and Transport Act, 1950 1950, No. 4 Air Navigation and Transport Act, 1959 1959, No. 1 Air Navigation and Transport Act, 1961 1961, No. 25 Air Navigation and Transport Act, 1965 1965, No. 6 Air Navigation and Transport Act, 1973 1973, No. 29 Air Navigation and Transport Act, 1975 1975, No. 9 Air Navigation and Transport Acts, 1936 to 1986 Air Navigation and Transport (Preinspection) Act, 1986 1986, No. 18 Air Navigation (Eurocontrol) Act, 1963 1963, No. 15 Air Navigation (Eurocontrol) Act, 1971 1971, No. 19 Air Navigation (Eurocontrol) Act, 1983 1983, No. 38 Air Transport Act, 1986 1986, No. 4 Criminal Procedure Act, 1967 1967, No. 12 Customs-free Airport Act, 1947 1947, No. 5 Customs-free Airport (Amendment) Act, 1958 1958, No. 29 Free Ports Act, 1986 1986, No. 6 Hire-Purchase Act, 1946 1946, No. 16 Interpretation Act, 1937 1937, No. 38 Ministers and Secretaries (Amendment) Act, 1983 1983, No. 40 Public

fices Fees Act, 1879 42 & 43 Vict., c.58 Status

Children Act, 1987 1987, No. 26 Number 15

1988 AIR NAVIGATION AND TRANSPORT ACT, 1988 AN ACT TO MAKE PROVISION FOR THE PROMOTION

SECURITY AND SAFETY

CIVIL AVIATION AND IN RELATION TO AERODROMES AND AIRCRAFT AND FOR THAT AND OTHER PURPOSES TO AMEND AND EXTEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1986; TO MAKE PROVISION FOR THE IMPLEMENTATION

CERTAIN PROTOCOLS TO THE WARSAW CONVENTION, THE CHICAGO CONVENTION AND THE MONTREAL CONVENTION; TO AMEND THE HIRE-PURCHASE ACT, 1946 ; TO AMEND THE CUSTOMS-FREE AIRPORT ACTS, 1947 AND 1958; TO AMEND THE FREE PORTS ACT, 1986 ; AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd June, 1988] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, collective citation and construction. 1.—

1946” means the Air Navigation and Transport Act, 1946 ; “the Act

1950” means the Air Navigation and Transport Act, 1950 ; “the Act

1959” means the Air Navigation and Transport Act, 1959 ; “the Act

1963” means the Air Navigation (Eurocontrol) Act, 1963 (as amended by the Air Navigation (Eurocontrol) Act, 1971 , and the Air Navigation (Eurocontrol) Act, 1983 ); “the Act

1965” means the Air Navigation and Transport Act, 1965 ; “the Acts” means the Air Navigation and Transport Acts, 1936 to 1986; “authorised person” has the meaning specified in section 18 ; “the Minister” means the Minister for Tourism and Transport; “the Principal Act” means the Air Navigation and Transport Act, 1936 ; “1975 Protocols to the Warsaw Convention” means the Additional Protocols Numbers 1, 2, 3 and 4 (each

which was signed at Montreal on the 25th day

September, 1975) to amend the Warsaw Convention.

, or Schedule to, this Act, and a reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph

the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

orders and Regulations before Houses

Oireachtas. 3.—Every order and Regulation made under this Act shall be laid before each House

the Oireachtas as soon as may be after it is made and, if a resolution annulling the order (other than an order under Part III ) or Regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order or Regulation is laid before it, the order or Regulation shall be annulled accordingly, but without prejudice to the validity

anything previously done thereunder. Expenses. 4.—The expenses

the Minister in the administration

this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out

moneys provided by the Oireachtas. PART II Provisions to promote security and safety

civil aviation and other provisions in relation to aerodromes and aircraft Application

Part II

. 5.—This Part applies to aerodromes other than aerodromes under the control

the Minister for Defence. Security and safety at aerodromes. 6.—It shall be the duty

— (

1. a)every person owning or operating an aerodrome, and (
2. b)every person carrying on business at an aerodrome, to comply with the requirements (including any requirements in relation to that aerodrome, or to aerodromes in general, specified by the Minister in a direction under section 7 or in a licence or authorisation granted by him under the Acts)

public order and security and

the security and safety

the aerodrome and

the security and safety

persons and aircraft using that aerodrome. Directions by Minister in relation to security and safety

aerodromes. 7.—The Minister may, whenever he is satisfied that the interests

the State or

the public so require, give directions to any person who owns or operates an aerodrome as to the standards

security and safety which must be complied with in relation to that aerodrome and it shall be the duty

every such person to comply with such directions. Duty

operator

aerodrome to report to Minister. 8.—

every operator

an aerodrome to furnish to the Minister a report, in such form and within such time and at such intervals as the Minister may specify in writing,

all measures taken by him to comply with a direction

the Minister pursuant to section 7 .

subsection

— (

1. a)the precise steps taken by the operator to implement the direction, and (
2. b)any alterations to, or discontinuance

, the standards

security or safety specified in the direction which have been, or are proposed to be, made.

an

fence. Extension

power

Minister to revoke, cancel or suspend licence or authorisation. 9.—

a licence or authorisation, as the case may be, cannot or will not comply with any security or safety requirements specified by the Minister in the interests

public order or security or safety in the licence or authorisation or in a direction under section 7 , to— (

1. a)revoke or cancel the licence or authorisation, as the case may be, or (
2. b)suspend the licence or authorisation, as the case may be, until such time as the holder

the licence or authorisation has complied with any security or safety requirements so specified.

the licence or authorisation

the revocation or, as the case may be, suspension or cancellation, or from such later date as the Minister, having regard to all the circumstances, may specify.

this Act, the Minister shall, by notice in writing, notify the holders

all licences or authorisations granted by him and then in force

his powers under this section. Power

Minister to prohibit landing at, or departure from, aerodrome in certain conditions. 10.—

public order or security or safety so to do, or that the licence or authorisation granted under the Acts in relation to an aerodrome is deemed to have been revoked pursuant to section 11

aircraft at, or the departure

aircraft from, an aerodrome either from the date

the notice or from such later date as the Minister, having regard to all the circumstances, may specify in the notice.

the licence or authorisation granted under the Acts in relation to the aerodrome cannot or will not comply with requirements

the Minister under section 7 , or that such licence or authorisation is deemed to have been revoked pursuant to section 11

insurance in force in relation to that aerodrome.

insurance shall be

no effect for the purposes

subsection

insurance in such form and containing such particulars as the Minister may prescribe by Regulations under this section, and (b) the insured has sent, or caused to be sent, to the Minister a copy

such certificate.

insurance at any time or for any reason ceases to have effect, any licence or authorisation granted under the Acts in respect

the aerodrome to which the policy

insurance relates shall thereupon be deemed to have been revoked.

an aerodrome in any period for which a policy

insurance is not in force in respect

that aerodrome.

insurance” means a policy which insures the owner or occupier, as the case may be,

an aerodrome against liability in respect

loss and damage caused to any person or property at that aerodrome and which complies with such conditions (if any) as the Minister may prescribe by Regulations under this section.

one month after the commencement

this Act. Possession

certain dangerous articles in aerodromes. 12.—

a firearm, whether capable

being discharged or not; (b) an explosive, or any article manufactured or adapted so as to have the appearance

being an explosive, whether it is capable

producing a practical effect by explosion or not; (

1. c)any article marked or labelled so as to indicate that it is, or it contains, an explosive; (
2. d)any article which does not fall within the meaning

paragraph (a), (

1. b)or (
2. c)and which is made or is adapted for use for causing injury to or incapacitating a person, or for damaging or destroying property, or which is intended by the person in whose possession it is for such use, whether by himself or, as the case may be, by some other person.

which shall lie on him), have in his possession in or bring or cause to be brought into— (a) any part

an aerodrome, or (b) any air navigation installation which does not form part

an aerodrome, an article to which this section applies. Directions by Minister in relation to security and safety

aircraft. 13.—

the State or

the public so require, give to the operator

any aircraft (other than a State aircraft) directions as to the standards

security and safety which must be complied with— (

1. a)wherever the aircraft may be, if the aircraft is registered in the State, or (
2. b)whenever the aircraft is in, or is in flight into, or out

, or over, the State, if the aircraft is not so registered, and it shall be the duty

every such operator to comply with such directions.

a particular class or description. Duty

operator

aircraft to report to Minister. 14.—

every operator

an aircraft (other than a State aircraft) to furnish to the Minister a report, in such form and within such time and at such intervals as the Minister may specify in writing,

all measures taken by him to comply with a direction

the Minister pursuant to section 13 .

subsection

— (

1. a)the precise steps taken by the operator to implement the direction, and (
2. b)any alterations to, or discontinuance

, the standards

security or safety specified in the direction which have been, or are proposed to be, made.

an

fence. Extension

power

Minister to refuse or cancel registration

aircraft. 15.—

an aircraft shall include the power, if it appears to him that an aircraft does not, or has ceased to, comply with any security or safety requirements specified by the Minister in a direction under section 13 , to refuse or to cancel the registration

that aircraft.

the registration

the aircraft shall take effect from the date on which the Minister notifies the operator

the aircraft

the cancellation or from such later date as the Minister, having regard to all the circumstances, may specify.

this Act, the Minister shall notify each owner and operator

each aircraft then registered in the State

his powers under this section. Detention or restriction

use

aircraft. 16.—

the State or the public so require, direct the detention or the restriction

the use in such manner as he may specify

— (

1. a)any aircraft (other than a State aircraft) registered in the State, wherever that aircraft may be, or (
2. b)any other aircraft in the State, if in the opinion

the Minister such aircraft does not comply with the standards

security or safety specified by him in a direction under section 13 or that the operation

such aircraft does not comply with such provisions

section 17 as may be applicable to such aircraft.

the use,

an aircraft pursuant to subsection

the aircraft.

subsection

the aircraft concerned or

persons or property to be taken on board the aircraft, or (b) the modification or alteration

the aircraft or

any apparatus or equipment installed therein, or (c) the installation in the aircraft

additional apparatus or equipment. Obligation

owners or operators

aircraft in relation to liability for loss or damage arising from operation

aircraft. 17.—

, or over the State unless— (a) there is in force, in accordance with subsection

insurance against liability arising in relation to any such operation

the aircraft, or (b) the owner or, as the case may be, the operator

the aircraft can prove to the satisfaction

the Minister, in accordance with subsection

loss or damage to (

1. i)any person or property on the aircraft, or (
2. ii)any person or property on or over land or water in the State, caused or occasioned or contributed to by the aircraft in flight, taking

f or landing, or (iii) any person or property on land or water in the State caused or occasioned or contributed to by any person, article, object or thing falling or descending from the aircraft in flight, taking

f or landing.

insurance shall be

no effect for the purposes

subsection

insurance in such form and containing such particulars as the Minister may prescribe by Regulations under this section. (b) The Minister may require a copy

the certificate

insurance required under paragraph (a) to be produced to him.

insurance in accordance with subsection

the owner or, as the case may be, the operator

the aircraft to provide for any liability specified in subsection

subsections

aircraft or in relation to the same class

aircraft in different circumstances.

aerodromes, aircraft, etc., for purposes

this Part. 18.—

enabling the Minister to— (

1. a)ascertain whether any security or safety standards specified by him in relation to an aerodrome or an aircraft are being, or have been, complied with, and (
2. b)determine whether to give a direction under this Part to any person, and (
3. c)ascertain whether any direction under this Part is being, or has been, complied with, have power to do all or any

the following things:— (

1. i)enter any aerodrome and inspect the aerodrome and any apparatus, equipment or other thing therein; (
2. ii)enter any aircraft at any aerodrome and inspect any apparatus, equipment or other thing therein or thereon; (iii) require the operator

the aerodrome or, as the case may be,

the aircraft concerned to furnish within such time as the authorised person may specify such information as he considers necessary for the purposes

the inspection referred to in paragraph (

1. i)or (ii); (
2. iv)restrict the operation

the aerodrome, or detain any aircraft, during such time as is required for the exercise

his powers under this section.

his powers under this section, or (b) assaults an authorised person in the exercise

his powers under this section, or (c) refuses, or without reasonable excuse fails, to furnish to an authorised person information which he requires for the exercise

his powers, or (

1. d)makes a statement to an authorised person which he knows to be false in a material particular, or (
2. e)recklessly makes a statement to an authorised person which is false in a material particular, shall be guilty

an

fence.

persons, authorised in writing by the Minister to exercise the powers conferred on an authorised person under this section, or (b) a member

the Garda Síochána.

certain dangerous articles in aircraft. 19.—

a firearm, whether capable

being discharged or not; (b) an explosive, or any article manufactured or adapted so as to have the appearance

being an explosive, whether it is capable

producing a practical effect by explosion or not; (

1. c)any article marked or labelled so as to indicate that it is, or it contains, an explosive; (
2. d)any article which does not fall within the meaning

paragraph (a), (

1. b)or (
2. c)and which is made or is adapted for use for causing injury to or incapacitating a person, or for damaging or destroying property, or which is intended by the person in whose possession it is for such use, whether by himself or, as the case may be, by some other person.

which shall lie on him), have in his possession in or bring or cause to be brought into— (

1. a)any aircraft registered in the State, wherever that aircraft may be, or (
2. b)any other aircraft when it is in, or in flight over, the State, an article to which this section applies. Indemnity against proceedings. 20.—Notwithstanding anything contained in any contract, a person shall not be liable in any action for damages in the State in respect

anything done or not done by such person, or by some other person on his behalf, if such thing is done or, as the case may be, not done, in compliance with a direction

the Minister under this Part. Hearing

proceedings in relation to exercise by Minister

power under this Part. 21.—In any proceedings which relate to the exercise by the Minister

any power conferred on him by this Part, the Court may, on the application

the Minister, if it is satisfied that it is in the interests

public order or security so to do, order that the whole

the proceedings, or such part thereof as the Court considers appropriate, be heard otherwise than in public. Control

aircraft, aerodromes, etc., by Minister for duration

emergency. 22.—The Minister may, in the interests

the State or

the public, during any emergency, give directions as to the use, or possession,

— (

1. a)any aircraft or aerodrome, or (
2. b)any facilities at an aerodrome, and every direction given by the Minister under this section shall— (
3. i)continue in force until the expiration

the period specified therein or the Minister declares that the emergency to which the direction relates has ceased, whichever is the sooner, and (ii) be complied with by the person to whom it is directed. Restriction on dumping near aerodromes. 23.—

ensuring the safety

aircraft or the safe and efficient navigation thereof, by order prohibit or regulate the use

any land, which is situate in the vicinity

an aerodrome or which lies under an airpath, as a refuse tip or for any other purpose which is likely to attract a large number

birds into the area.

subsection

any refuse tip which, in the opinion

the Minister,— (

1. a)is a danger to aircraft so long as it remains open, or (
2. b)is managed in an inefficient or dangerous manner, and may provide that such categories

refuse as may be specified in the order shall not be dumped in the tip.

section 60

Principal Act. 24.—Section 60 (which relates to the investigation

accidents)

the Principal Act is hereby amended by the insertion after subsection

the following subsection: “(1A) In this section ‘accident’ includes any event or circumstance likely to threaten the safety

an aircraft or any person.”. Amendment

section 15

Act

1950. 25.—Section 15 (which relates to definitions for the purposes

Part V

that Act)

the Act

1950 is hereby amended by the substitution in subsection

“authorised

ficer”

the following definition: “the expression ‘authorised

ficer’ means a person being— (a) a member

the Garda Síochána, or (b) any person, or any person belonging to a class

persons, authorised in writing by the Minister to exercise the powers conferred on authorised

ficers by section 20

this Act;”, and (b) the definition

“State aerodrome”

the following definition: “the expression ‘State aerodrome’ means, as the case may require, Cork Airport, Dublin Airport or Shannon Airport.”. Amendment

section 16

Act

1950. 26.—Section 16 (which relates to bye-laws in relation to State aerodromes)

the Act

1950 is hereby amended— (a) by the insertion in subsection

the following paragraphs: “(e) fixing

an immobilisation device to any vehicle which has been unlawfully parked in any place while the vehicle is in that place or is in any other place to which it has been moved in accordance with the bye-laws, (f) removing, storing and disposal

vehicles unlawfully parked in any place.”, and (b) by the insertion after subsection

the following subsection: “

the Air Navigation and Transport Act, 1988, shall be laid before each House

the Oireachtas as soon as may be after it is made and, if a resolution annulling the bye-law is passed by either such House within the next subsequent twenty-one days on which that House has sat after the bye-law is laid before it, the bye-law shall be annulled accordingly, but without prejudice to the validity

anything previously done thereunder.”. Extension

sections 16 to 20

Act

1950 to non-State aerodromes. 27.—Sections 16 to 20

the Act

1950 (as amended by this Act) shall apply to all aerodromes in the State whether such aerodromes are State aerodromes within the meaning

section 15

that Act (as amended by this Act) or not and references in those sections to a “State aerodrome” shall be construed accordingly. Increase in penalties for certain

fences. 28.—

an

fence under— (a) section 5

the Principal Act, or (b) section 13

the Act

1946, or (c) section 13 (as amended by this Act)

the Customs-free Airport Act, 1947 , or (d) section 13

the Act

1950, or (e) section 15

the Air Navigation and Transport Act, 1973 , or (f) section 4

the Air Navigation and Transport Act, 1975 , shall, in lieu

the penalty prescribed by the section concerned, be liable— (a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion

the Court, to both such fine and such imprisonment, or (b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion

the Court, to both such fine and such imprisonment.

an

fence under Article 24

the Air Navigation (Aerodromes and Visual Ground Aids) Order, 1970 (S.I. No. 291

1970), shall, in lieu

the penalty prescribed by that Article, be liable— (a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion

the Court, to both such fine and such imprisonment, or (b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion

the Court, to both such fine and such imprisonment.

an

fence under Regulation 9

the European Communities (Restriction

Aeroplane Operations) Regulations, 1984 (S.I. No. 14

1984), shall, in lieu

the penalty prescribed by that Regulation, be liable— (a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion

the Court, to both such fine and such imprisonment, or (b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion

the Court, to both such fine and such imprisonment.

the Criminal Procedure Act, 1967 , shall apply in relation to an

fence to which subsection

the penalties provided for in subsection

that section, there were specified the penalties provided for in subsections

that section to the penalties provided for in the said subsection

fence to which subsection

, or to be attributable to any neglect on the part

any person (or any person acting on his behalf) being a director, manager or secretary

such body, that person or the person so acting, as the case may be, shall also be guilty

the

fence.

fence under any enactment referred to in subsection

fences and penalties ( Parts II , IV and V ). 29.—

an

fence and shall be liable— (a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion

the Court, to both such fine and such imprisonment, or (b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion

the Court, to both such fine and such imprisonment.

an

fence under section 8 , 14 , 18 , 33 , 41 , 42 or 43 shall be liable— (a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion

the Court, to both such fine and such imprisonment, or (b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion

the Court, to both such fine and such imprisonment.

the Criminal Procedure Act, 1967 , shall apply in relation to an

fence specified in subsection

the penalties provided for in subsection

that section, there were specified the penalties provided for in subsections

that section to the penalties provided for in the said subsection

fence specified in subsection

, or to be attributable to any neglect on the part

any person (or any person acting on his behalf) being a director, manager or secretary

such body, that person or the person so acting, as the case may be, shall also be guilty

the

fence.

fence specified in subsection

aerodromes in State. 30.—

the Minister for Finance, may attach to any grant or other payment made out

moneys provided by the Oireachtas in relation to the construction

an aerodrome such terms and conditions as to repayment or otherwise as he thinks reasonable and proper.

a term or condition attached to any grant or other payment to which subsection

the grant or payment, as the case may be, shall thereupon, notwithstanding any term or condition relating to repayment attached thereto, be repayable to the Minister for the benefit

the Exchequer and, in default

such repayment, the amount outstanding may be recovered by the Minister as a simple contract debt in any court

competent jurisdiction. Amendment

section 8

Act

1950. 31.—Section 8 (which relates to entry on land, etc., compulsorily acquired under the Principal Act before conveyance or ascertainment

compensation)

the Act

1950 is hereby amended by the substitution for paragraph (a)

subsection

the following paragraph: “(a) subject to paragraph (b)

this subsection, the Minister shall pay to the person, who is the occupier

that land or the owner

that water right, interest on the amount

the compensation payable to such person at such rate as the Minister for Finance may, from time to time, determine from the date on which such power was exercised until payment

such compensation,”. Detention and sale

aircraft for unpaid aerodrome charges. 32.—

aerodrome charges incurrred in respect

any aircraft, the Minister or the aerodrome authority concerned, as the case may be, may, subject to the provisions

this section— (a) detain, pending payment

such charges, either— (i) the aircraft in respect

which the charges were incurred (whether or not they were incurred by the person who is the operator

the aircraft at the time when the detention commences), or (ii) any other aircraft

which the person in default is the operator at the time when the detention commences, and (b) if the charges are not paid within 56 days

the date when the detention commences, sell the aircraft in order to satisfy the charges.

any alleged default in the payment

aerodrome charges if the operator

the aircraft or any other person claiming an interest therein— (a) disputes that the charges, or any

them, are due, or (b) if the aircraft is detained under subsection

that aircraft, and the operator

the aircraft or any such other person, gives to the Minister or the aerodrome authority, as the case may be, pending the determination

the dispute, sufficient security for the payment

the charges which are alleged to be due.

the Court and the Court shall not give such leave unless it is established that— (

1. a)a sum is due to the Minister or to such aerodrome authority, as the case may be, for aerodrome charges, (
2. b)default has been made in the payment thereof, and (
3. c)the aircraft which the Minister or such aerodrome authority, as the case may be, seeks leave to sell is liable to sale under this section by reason

such default.

persons whose interests may be affected by the determination

the Court thereon, and (b) affording to any such person an opportunity

becoming a party to the proceedings on the application, and, if leave to sell the aircraft is granted by the Court, the Minister or the aerodrome authority, as the case may be, shall secure that the aircraft is sold for the best price that can reasonably be obtained.

subsection

any sale, while actionable as against the Minister or such aerodrome authority concerned at the suit

any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning the validity

such sale.

any sale under this section shall be applied as follows, and in the following order, that is to say— (a) in payment

any duty (whether

customs or excise) or value-added tax chargeable on imported goods or on the aircraft itself which is due as a consequence

the aircraft's having been brought into the State; (b) in payment

the expenses incurred by the Minister or the aerodrome authority concerned, as the case may be, in detaining, keeping and selling the aircraft (including the expenses in connection with any application to the Court under subsection

the aerodrome charges which the Court has found to be due; and the surplus, if any,

such proceeds shall be paid to, or among, the person or persons whose interests in the aircraft have been divested by reason

the sale.

detention and sale conferred by this section in respect

an aircraft shall extend to the equipment

the aircraft and any stores for use in connection with the operation

the aircraft (being equipment and stores carried in the aircraft) whether or not such equipment or stores are the property

the person who is the operator

the aircraft, and references to the aircraft in subsections

detention conferred by this section in respect

an aircraft shall extend to any aircraft documents carried in the aircraft, and any such documents may, if the aircraft is sold under this section, be transferred by the Minister or the aerodrome authority concerned, as the case may be, to the purchaser

the aircraft.

which charges have been incurrred may be exercised on the occasion on which the charges have been incurred, or on any subsequent occasion, when the aircraft is on the aerodrome on which those charges were incurred, or on any other aerodrome owned or managed by the Minister or the aerodrome authority concerned, as the case may be.

the Minister or an aerodrome authority to recover any charges, or any part thereof, by action.

, or for services provided at, an aerodrome and includes, in relation to the Minister, charges payable for air navigation services by virtue

Regulations under section 12

the Act

1963; “aircraft documents”, in relation to any aircraft, means any certificate

registration, maintenance or airworthiness

that aircraft, any log book relating to the use

that aircraft or its equipment and any similar document and includes any record required to be made by virtue

Regulations under section 12

the Act

1963. Powers

authorised

ficers at aerodromes. 33.—

ficer, in the interest

the proper operation, or the security or safety,

an aerodrome, or the security or safety

persons, aircraft or other property thereon, may do all or any

the following things— (a) stop, detain for such time as is reasonably necessary for the exercise

any

his powers under this section, and search any person or vehicle on an aerodrome; (

1. b)require any person on an aerodrome to— (
2. i)give his name and address and to produce other evidence

his identity; (ii) state the purpose

his being on the aerodrome; (iii) account for any baggage or other property which may be in his possession; (

1. c)order any person (
2. i)who refuses to give his name or address, or to produce other evidence

his identity, or (ii) who refuses to state the purpose

his being on the aerodrome, or (iii) who refuses to account for any baggage or other property in his possession, or (iv) who gives a name or address or states a purpose

his being on the aerodrome which is known, or is reasonably suspected, by the authorised

ficer to be false or fictitious, or (v) whom he knows not to have, or whom he reasonably suspects

not having, a lawful reason for being on the aerodrome, to leave the aerodrome, or any part thereof, or he may remove such person from the aerodrome, or any part thereof, or he may arrest that person without warrant, (

1. d)arrest without warrant any person— (
2. i)who assaults, or whom he reasonably suspects to have assaulted, another person on an aerodrome, or (
3. ii)whom he knows to have, or whom he reasonably suspects

having contravened section 12 or 19 , or (iii) whom he knows to have, or reasonably suspects

having, a stolen article in his possession.

ficer, who is not a member

the Garda Síochána, arrests a person under this section, he shall, forthwith, deliver such person into the custody

a member

the Garda Síochána to be dealt with in accordance with law.

ficer arrests a person pursuant to the powers conferred on him by subsection

having been, stolen until it has been established whether or not the article was stolen.

ficer to leave an aerodrome or part

an aerodrome, or who was removed from an aerodrome or part

an aerodrome by an authorised

ficer, shall not, on the same day, without the permission

an authorised

ficer, return to the aerodrome or the part

the aerodrome which he was ordered to leave, or from which he was removed, as the case may be.

ficer in the exercise

any

the powers conferred on him by this section, or who fails to comply with any lawful requirement

an authorised

ficer under this section, shall be guilty

an

fence.

ficer” has the same meaning as in section 15

the Act

1950 (as amended by this Act). PART III Provisions in relation to the 1975 Protocols to the Warsaw Convention Commencement

Part III

. 34.—This Part and the First Schedule shall come into operation on such day or days as the Government may appoint by order and different days may be appointed, as circumstances may require, in relation to each

the 1975 Protocols to the Warsaw Convention. Application

Part III

states which are parties to the 1975 Protocols to the Warsaw Convention.

the 1975 Protocols to the Warsaw Convention but is not a party to all

those Protocols, this Part shall apply to that state only in relation to the Protocol or Protocols to which that state is a party. 1975 Protocols to the Warsaw Convention to have the force

law in the State. 36.—

the First Schedule ) shall have the force

law in the State and section 18 (as amended by the Act

1965 and this Act)

, and the First Schedule (as amended by the Act

1959) to, the Principal Act shall have effect accordingly.

those Protocols, or may certify in respect

which

their territories such states are parties, and to what extent such states have availed themselves

the right

reservation provided for in Article X

the Protocol set out in Part II

the First Schedule or in Article XI

the Protocol set out in Part III

that Schedule or in Article XXI

the Protocol set out in Part IV

that Schedule.

the First Schedule (as amended by the Act

1959) to the Principal Act, as amended by Article II

the Protocol set out in Part I

the First Schedule , or by Article II

the Protocol set out in Part II

that Schedule, or by Article II or III

the Protocol set out in Part III

that Schedule or by Article VII

the Protocol set out in Part IV

that Schedule, as the case may be, shall, for the purposes

an action against the carrier, be converted into the currency

the State on the day on which the amount

any damages to be paid by the carrier is ascertained by the Court and— (a) for the purpose

converting such an amount from Special Drawing Rights into the currency

the State one Special Drawing Right shall be treated as equal to such a sum in the currency

the State as the International Monetary Fund have fixed as being the equivalent

one Special Drawing Right for— (

1. i)that day, or (
2. ii)if no sum has been so fixed for that day, the last day before that day for which a sum has been so fixed; (
3. b)a certificate given by or on behalf

the Central Bank stating that— (i) a particular sum in the currency

the State has been so fixed for the day on which the damages were ascertained by the Court, or (ii) no sum has been so fixed for that day and that a particular sum in the currency

the State has been so fixed for a day which is the last day for which a sum had been so fixed before the day on which the damages were ascertained by the Court, shall be evidence until the contrary is proved

those matters for the purposes

this section; (c) a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. Consequential amendments to Principal Act and Act

1965. 37.—

1959 and by the Act

1965)

the Principal Act to the First Schedule (as amended by the Act

1959) to that Act shall be construed as references, as the case may require, to that Schedule as further amended by the Protocols set out in Parts I , II , III and IV , respectively,

the First Schedule .

, and the Schedule to, the Act

1965 to the Warsaw Convention shall be construed as references, as the case may require, to that Convention as amended by the Protocols set out in Parts I , II , III and IV , respectively,

the First Schedule . PART IV Provisions in relation to the 1984 Protocol to the Chicago Convention Required landing or interception

certain aircraft. 38.—

the Act

1946 shall be deemed to include a power by order to— (

1. a)require the landing at such aerodrome as may be specified in the order, or (
2. b)provide for the interception in accordance with the terms

the order

any aircraft— (

1. i)which is flying, or attempting to fly, without authority over the State, or (
2. ii)in relation to which there are reasonable grounds for believing that it is being used for any purpose inconsistent with the Chicago Convention, and any such order may specify such other requirements as may appear to the Minister to be necessary to ensure that any aircraft concerned complies with the Chicago Convention.

weapons against an aircraft in flight: Provided always that nothing in this subsection shall operate to prejudice the inherent right

self-defence as set forth in the Charter

the United Nations.

an aircraft pursuant to an order made in exercise

the additional powers conferred on the Minister by subsection

persons on board the aircraft concerned and the safety

other aircraft and the persons on board that aircraft shall not be endangered: Provided always that nothing in this subsection shall prejudice the inherent right

self-defence as set forth in the Charter

the United Nations. Amendment

section 12

Act

1946. 39.—

the Act

1946 is hereby amended by— (

1. a)the substitution for paragraphs (
2. a)and (b)

the following paragraphs: “(a) it shall be lawful for a commissioned

ficer

the Defence Forces

the State to cause to be given such signal as may be prescribed by such order, and (b) if, after such signal has been given, the aircraft fails to respond to the signal by complying with provisions

the order prescribing the action to be taken on such signal being given, it shall be lawful for such

ficer to intercept the aircraft and, subject to section 38

the Air Navigation and Transport Act, 1988, to use any and every other means at his disposal to compel compliance with the signal;”, and (b) the insertion

the following paragraph after paragraph (c): “(d) every person who obstructs or impedes a commissioned

ficer

the Defence Forces

the State, or any other person acting in aid

or under the direction

such

ficer, in the exercise or performance

any

the powers or duties conferred on him by this section shall be guilty

an

fence and shall be liable on summary conviction to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months, or, at the discretion

the Court, to both such fine and such imprisonment.”.

the Act

1946, it shall be lawful for a commissioned

ficer

the Defence Forces

the State to cause to be given such signal as is prescribed in any order made under that section and in force on the commencement

this section and such orders shall apply accordingly. Compliance with required landing order. 40.—

every aircraft registered in the State and

every aircraft operated by a person, whose principal place

business is in the State or who is permanently resident in the State, shall, wherever the aircraft may be, comply with a requirement in an order made by the Minister, in exercise

the additional powers conferred on him by section 38 , to land the aircraft.

an

fence and shall be liable on conviction thereof to the penalties specified in section 13 (as amended by this Act)

the Act

1946, as if the

fence were a contravention

that section. PART V Miscellaneous Detention

aircraft. 41.—

any aircraft (other than a State aircraft) subject to such conditions, and for such time, as he may specify for the purpose

securing compliance with— (a) any provision

the Principal Act, or any instrument made thereunder; (b) the Chicago Convention, or any order made under Part II

the Act

1946 (as amended by this Act), or any regulation made or direction given under any such order; (c) the provisions

the Convention relating to Co-operation for the Safety

Air Navigation signed at Brussels on the 13th day

December, 1960, or with any instrument made under the Act

1963; or (d) any provision

the Act

1965, or any instrument made or direction given under that Act.

an aircraft, an authorised

ficer may detain such aircraft and, in any such case, shall, as soon as may be practicable, notify the appropriate air traffic services authority and, where the authorised

ficer is not an

ficer

customs and excise, he shall, as soon as may be practicable, notify the appropriate

ficer

customs and excise. (b) For the purpose

exercising his functions under this subsection, an authorised

ficer shall have power to enter any aerodrome, and to enter and inspect any aircraft he finds thereon.

any notice or order for the detention

the aircraft, or whilst it is detained pursuant to a direction

the Minister under subsection

f, or attempts to take-

f, without the prior permission

an authorised

ficer, the following provisions shall have effect, that is to say:— (a) the pilot in command and also the owner or operator (where such person is not the owner)

the aircraft, and any person who causes the aircraft to take-

f, or to attempt to take-

f, shall each be guilty

an

fence; (b) if such aircraft, when so taking-

f, has on board in the execution

his duty an authorised

ficer, the pilot in command, and also the owner or operator (if such person is not the owner),

such aircraft shall each be guilty

an

fence, and shall also be liable to pay to the Minister all expenses

and incidental to such

ficer being so taken on such aircraft.

fence under this section is not the pilot in command

the aircraft in respect

which such

fence is alleged to have been committed, it shall be a good defence for such person to prove that, on the occasion on which such

fence is alleged to have been committed, he was not a party or privy to the taking-

f or attempted taking-

f

such aircraft.

competent jurisdiction.

the following shall be an authorised

ficer for the purposes

this section, that is to say:— (a) a commissioned

ficer

the Defence Forces

the State; (b) an

ficer

the Minister; (c) an

ficer

customs and excise; (d) any person authorised by the Minister in that behalf.

ficer

customs and excise shall, and where, pursuant to that subsection, an aircraft may be detained, may, refuse to clear that aircraft outwards or to grant a transire to such aircraft.

contravening a direction for the detention

that aircraft pursuant to subsection

authorised

ficer or authorised person. 42.—Any person who falsely represents himself to be an authorised

ficer or an authorised person shall be guilty

an

fence. False alarms. 43.—Every person who knowingly gives, or causes to be given, a false alarm which interferes with the operation

any aircraft, aerodrome or air navigation installation shall be guilty

an

fence. Transfer to Minister

powers

Government under certain Acts. 44.—

law in Saorstát Éireann)

the Principal Act, or (b) section 7 (which relates to the 1955 Protocol to the Warsaw Convention having the force

law in the State)

the Act

1959, or (c) section 2 (which relates to the Guadalajara Convention having the force

law in the State)

the Act

1965, are hereby transferred to the Minister.

the powers referred to in subsection

certain functions to Minister. 45.—

the Ministers and Secretaries (Amendment) Act, 1983 , are hereby transferred to the Minister and the said Customs-free Airport Act, 1947 , shall be construed and have effect accordingly.

a free port at or adjacent to an aerodrome and the licensing

persons to carry on any trade, business or manufacture within any such free port which are vested in the Minister for the Marine under or by virtue

the Communications (Transfer

Departmental Administration and Ministerial Functions) Order, 1987 (S.I. No. 91

1987), are hereby transferred to the Minister and the said Free Ports Act, 1986 , shall be construed and have effect accordingly.

any functions transferred by subsection

Tourism and Transport.

Communications in any statute or statutory instrument shall, in so far as it relates to any function transferred by subsection

Tourism and Transport as the case may require. (b) References to the Minister for the Marine or the Department

the Marine in any statute or statutory instrument shall, in so far as it relates to any function transferred by subsection

Tourism and Transport as the case may require.

a function includes, as respects powers, duties and obligations, reference to the exercise

the powers and the carrying out

the duties and obligations; “statutory instrument” has the meaning assigned to it by the Interpretation Act, 1937 . Amendment

section 18

Principal Act. 46.—Section 18 (inserted by the Act

1965)

the Principal Act is hereby amended by the substitution in subsection

the following paragraph: “(b) In deducing any relationship for the purposes

this section— (i) the relationship between every person and his father and mother shall be determined in accordance with section 3

the Status

Children Act, 1987 , and all other relationships shall be determined accordingly; (ii) a person in loco parentis to another shall be considered the parent

that other.”. Amendment

sections 55 and 56

Principal Act. 47.—

damages for trespass or nuisance by aircraft)

the following section: “55. An action shall not lie in respect

trespass or in respect

nuisance by reason only

the flight

aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances

the case is reasonable, or the ordinary incidents

the flight, so long as the provisions

any order made under Part II

the Air Navigation and Transport Act, 1946 , to give effect to, or to supplement, the Chicago Convention have been duly complied with.”.

the Principal Act is hereby amended by the substitution for subsection

the following subsection: “

this section shall be in addition to and not in derogation

any order made under Part II

the Air Navigation and Transport Act, 1946 , to give effect to, or to supplement, the Chicago Convention.”. Amendment

section 2

Hire-Purchase Act, 1946. 48.— Section 2

the Hire-Purchase Act, 1946 (which relates to the application

the Act) is hereby amended by— (

1. a)the insertion in paragraph (
2. b)after “members,”

“or”, and (b) the insertion after paragraph (b)

the following paragraph: “(c) an agreement relating to aircraft or spare parts for aircraft,”. Amendment

Customs-free Airport Act, 1947. 49.—The Customs-free Airport Act, 1947 , is hereby amended by the substitution for section 13 (as amended by the Customs-free Airport (Amendment) Act, 1958 )

the following section: “13.

the Minister for Finance, make Regulations for the management and control

the airport: Provided that the power

the Minister to make Regulations under this section shall not extend to the making

Regulations permitting the carrying on

any trade, business or manufacture within the airport.

the Government, other than the Minister or the Minister for Finance, may, with the consent

the Minister and the Minister for Finance, make Regulations extending, with or without modifications, to the airport any law for the time being in force which is administered by the Minister making the Regulation and which, but for section 4

this Act, would apply to the airport.

an

fence.”. Amendment

section 7

Act

1965. 50.—Section 7 (which relates to the power to authorise by order the operation

air services)

the Act

1965 is hereby amended by the insertion after subsection

the following subsection: “

the Minister for Finance, may, in any order under this section, provide for the payment

fees on the grant

an authorisation to operate an air service under this section and, with the consent aforesaid, prescribe the amount

the fees (including different amounts in respect

authorisations in relation to different categories

air services and in relation to air services previously the subject

authorisations under this section). (b) All fees received under this subsection shall be paid into or disposed

for the benefit

the Exchequer in such manner as the Minister for Finance directs. (c) The Public

fices Fees Act, 1879, shall not apply to any fees payable under this subsection.”. Amendment

sections 3 and 5

Air Navigation and Transport Act, 1975. 51.—The Air Navigation and Transport Act, 1975 , is hereby amended by— (a) the substitution

the following subsection for subsection

section 3: “

an

fence if anywhere he unlawfully and intentionally— (a) commits on board an aircraft in flight any act

violence which is likely to endanger the safety

the aircraft, (b) destroys an aircraft in service or so damages it as to render it incapable

flight or to endanger its safety in flight, (c) places or causes to be placed on an aircraft in service any device or substance which is likely to destroy the aircraft or so damage it as to render it incapable

flight or to endanger its safety in flight, (d) destroys, damages or interferes with the operation

any air navigation facility if such act is likely to endanger the safety

aircraft in flight, (e) communicates any information which he knows to be false where the communication

the information endangers, or is likely to endanger, the safety

an aircraft in flight, (

1. f)(
2. i)performs an act

violence against a person (I) at an aerodrome in the State (other than an aerodrome under the control

the Minister for Defence), or (II) at an aerodrome outside the State serving international civil aviation, which causes or is likely to cause serious injury or death, or (ii) destroys or seriously damages the facilities or disrupts the services

any aerodrome referred to in subparagraph (i)

this paragraph (other than an aerodrome under the control

the Minister for Defence) or destroys or seriously damages any aircraft not in service located on that aerodrome, if such an act endangers or is likely to endanger safety at that aerodrome.”, and (b) the substitution

the following section for section 5: “Application

the Extradition Act, 1965, to persons arrested under this Act. 5.—

this Act shall— (a) if the aircraft concerned is registered in a state to which Part II

the Act

1965 applies, or if the aerodrome concerned is in a state to which that Part

that Act applies, and (in the case

a citizen

Ireland) the extradition

the person is not prohibited by section 14

that Act, be deemed to have been arrested pursuant to a warrant issued under section 27

that Act, and (b) if the aircraft concerned is registered in a place to which Part III

that Act applies, or if the aerodrome concerned is in a place to which that Part

that Act applies, be deemed to have been arrested pursuant to a warrant issued under section 49

that Act.

the Act

1965 shall not apply in relation to the extradition

a person to whom subsection

this section applies.”. Amendment

section 3

Air Transport Act, 1986. 52.—The Air Transport Act, 1986 , is hereby amended by— (a) the substitution in section 3

“fourteen days or such lesser period as the Minister may prescribe by order under this subsection”, and (b) the insertion in section 3 after subsection

the following subsections: “(2A) The Minister may by order amend or revoke an order made under subsection

this section. (2B) Every order made by the Minister under subsection

this section shall be published in Iris Oifigiúil and shall be laid before each House

the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity

anything previously done thereunder.”. Repeals. 53.—The enactments mentioned in the Second Schedule are hereby repealed to the extent specified in the third column. FIRST SCHEDULE 1975 Protocols to the Warsaw Convention Section 34 . PART I MONTREAL ADDITIONAL PROTOCOL NO. 1, 1975 Additional Protocol No. 1 to Amend the Convention for the Unification

Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12th October 1929. The Governments Undersigned Considering that it is desirable to amend the Convention for the Unification

Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929, Have Agreed as follows: Chapter I Amendments to the Convention Article I The Convention which the provisions

the present Chapter modify is the Warsaw Convention, 1929. Article II Article 22

the Convention shall be deleted and replaced by the following: “Article 22 1. In the carriage

passengers the liability

the carrier for each passenger is limited to the sum

8,300 Special Drawing Rights. Where, in accordance with the law

the court seised

the case, damages may be awarded in the form

periodic payments, the equivalent capital value

the said payments shall not exceed this limit. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit

liability. 2. In the carriage

registered baggage and

cargo, the liability

the carrier is limited to a sum

17 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration

interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the consignor's actual interest in delivery at destination. 3. As regards objects

which the passenger takes charge himself the liability

the carrier is limited to 332 Special Drawing Rights per passenger. 4. The sums mentioned in terms

the Special Drawing Right in this Article shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion

the sums into national currencies shall, in case

judicial proceedings, be made according to the value

such currencies in terms

the Special Drawing Right at the date

the judgment. The value

a national currency, in terms

the Special Drawing Right,

a High Contracting Party which is a Member

the International Monetary Fund, shall be calculated in accordance with the method

valuation applied by the International Monetary Fund, in effect at the date

the judgment, for its operations and transactions. The value

a national currency, in terms

the Special Drawing Right,

a High Contracting Party which is not a Member

the International Monetary Fund, shall be calculated in a manner determined by that High Contracting Party. Nevertheless, those States which are not Members

the International Monetary Fund and whose law does not permit the application

the provisions

paragraphs 1, 2 and 3

Article 22

may at the time

ratification or accession or at any time thereafter declare that the limit

liability

the carrier in judicial proceedings in their territories is fixed at a sum

125,000 monetary units per passenger with respect to paragraph 1

Article 22

; 250 monetary units per kilogramme with respect to paragraph 2

Article 22

; and 5,000 monetary units per passenger with respect to paragraph 3

Article 22

. This monetary unit corresponds to sixty-five and a half milligrammes

gold

millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion

these sums into national currency shall be made according to the law

the State concerned.” Chapter II Scope

Application

the Convention as Amended Article III The Warsaw Convention as amended by this Protocol shall apply to international carriage as defined in Article 1

the Convention provided that the place

departure and destination referred to in that Article are situated either in the territories

two Parties to this Protocol, or within the territory

a single Party to this Protocol with an agreed stopping place in the territory

another State. Chapter III Final Clauses Article IV As between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument and shall be known as the Warsaw Convention as amended by Additional Protocol No. 1

Montreal 1975. Article V Until the date on which this Protocol comes into force in accordance with the provisions

Article VII, it shall remain open for signature by any State. Article VI

1. This Protocol shall be subject to ratification by the signatory States.
2. Ratification

this Protocol by any State which is not a Party to the Warsaw Convention shall have the effect

accession to the Convention as amended by this Protocol. 3. The instruments

ratification shall be deposited with the Government

the Polish People's Republic. Article VII 1. As soon as thirty signatory States have deposited their instruments

ratification

this Protocol, it shall come into force between them on the ninetieth day after the deposit

the thirtieth instrument

ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit

its instrument

ratification. 2. As soon as this Protocol comes into force it shall be registered with the United Nations by the Government

the Polish People's Republic. Article VIII

1. This Protocol, after it has come into force, shall be open for accession by any non-signatory State.
2. Accession to this Protocol by any State which is not a Party to the Convention shall have the effect

accession to the Convention as amended by this Protocol. 3. Accession shall be effected by the deposit

an instrument

accession with the Government

the Polish People's Republic and shall take effect on the ninetieth day after the deposit. Article IX 1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government

the Polish People's Republic. 2. Denunciation shall take effect six months after the receipt by the Government

the Polish People's Republic

the notification

denunciation. 3. As between the Parties to this Protocol, denunciation by any

them

the Convention in accordance with Article 39 thereof shall not be construed in any way as a denunciation

the Convention as amended by this Protocol. Article X No reservation may be made to this Protocol. Article XI The Government

the Polish People's Republic shall promptly inform all States Parties to the Warsaw Convention or

that Convention as amended, all signatory or acceding States to the present Protocol, as well as the International Civil Aviation Organisation,

the date

each signature, the date

deposit

each instrument

ratification or accession, the date

coming into force

this Protocol, and other relevant information. Article XII As between the Parties to this Protocol which are also Parties to the Convention, Supplementary to the Warsaw Convention, for the Unification

Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18th September 1961 (hereinafter referred to as the “Guadalajara Convention”) any reference to the “Warsaw Convention” contained in the Guadalajara Convention shall include reference to the Warsaw Convention as amended by Additional Protocol No. 1

Montreal, 1975, in cases where the carriage under the agreement referred to in Article I, paragraph (b)

the Guadalajara Convention is governed by this Protocol. Article XIII This Protocol shall remain open for signature until 1st January 1976 at the Headquarters

the International Civil Aviation Organisation and thereafter until it comes into force in accordance with Article VII at the Ministry for Foreign Affairs

the Polish People's Republic. The International Civil Aviation Organisation shall promptly inform the Government

the Polish People's Republic

any signature and the date thereof during the time that the Protocol shall be open for signature at the Headquarters

the International Civil Aviation Organisation. In Witness Whereof the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol. Done at Montreal on the twenty-fifth day

the month

September

the year One Thousand Nine Hundred and Seventy-five in four authentic texts in the English, French, Russian and Spanish languages. In the case

any inconsistency, the text in the French language, in which language the Warsaw Convention

12th October 1929 was drawn up, shall prevail. (Here follow signatures on behalf

certain States.) PART II MONTREAL ADDITIONAL PROTOCOL NO. 2, 1975 Additional Protocol No. 2 to Amend the Convention for the Unification

Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12th October 1929 as Amended by the Protocol Done at The Hague on 28th September 1955. The Governments Undersigned Considering that it is desirable to amend the Convention for the Unification

Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 as amended by the Protocol done at The Hague on 28th September 1955, Have Agreed as follows: Chapter I Amendments to the Convention Article I The Convention which the provisions

the present Chapter modify is the Warsaw Convention as amended at The Hague in 1955. Article II Article 22

the Convention shall be deleted and replaced by the following: “Article 22 1. In the carriage

persons the liability

the carrier for each passenger is limited to the sum

16,600 Special Drawing Rights. Where, in accordance with the law

the court seised

the case, damages may be awarded in the form

periodic payments, the equivalent capital value

the said payments shall not exceed this limit. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit

liability. 2. (a) In the carriage

registered baggage and

cargo, the liability

the carrier is limited to a sum

17 Special Drawing Rights per kilogramme, unless the passenger or consignor has made, at the time when the package was handed over to the carrier, a special declaration

interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger's or consignor's actual interest in delivery at destination. (b) In the case

loss, damage or delay

part

registered baggage or cargo, or

any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight

the package or packages concerned. Nevertheless, when the loss, damage or delay

a part

the registered baggage or cargo, or

an object contained therein, affects the value

other packages covered by the same baggage check or the same air waybill, the total weight

such package or packages shall also be taken into consideration in determining the limit

liability. 3. As regards objects

which the passenger takes charge himself the liability

the carrier is limited to 332 Special Drawings Rights per passenger. 4. The limits prescribed in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part

the court costs and

the other expenses

the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount

the damages awarded, excluding court costs and other expenses

the litigation, does not exceed the sum which the carrier has

fered in writing to the plaintiff within a period

six months from the date

the occurrence causing the damage, or before the commencement

the action, if that is later. 5. The sums mentioned in terms

the Special Drawing Right in this Article shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion

the sums into national currencies shall, in case

judicial proceedings, be made according to the value

such currencies in terms

the Special Drawing Right at the date

the judgment. The value

a national currency, in terms

the Special Drawing Right,

a High Contracting Party which is a Member

the International Monetary Fund, shall be calculated in accordance with the method

valuation applied by the International Monetary Fund, in effect at the date

the judgment, for its operations and transactions. The value

a national currency, in terms

the Special Drawing Right,

a High Contracting Party which is not a Member

the International Monetary Fund, shall be calculated in a manner determined by that High Contracting Party. Nevertheless, those States which are not Members

the International Monetary Fund and whose law does not permit the application

the provisions

paragraphs 1, 2 (a) and 3

Article 22

may at the time

ratification or accession or at any time thereafter, declare that the limit

liability

the carrier in judicial proceedings in their territories is fixed at a sum

250,000 monetary units per passenger with respect to paragraph 1

Article 22

; 250 monetary units per kilogramme with respect to paragraph 2 (a)

Article 22

; and 5,000 monetary units per passenger with respect to paragraph 3

Article 22

. This monetary unit corresponds to sixty-five and a half milligrammes

gold

millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion

these sums into national currency shall be made according to the law

the State concerned.” Chapter II Scope

Application

the Convention as Amended Article III The Warsaw Convention as amended at The Hague in 1955 and by this Protocol shall apply to international carriage as defined in Article 1

the Convention, provided that the places

departure and destination referred to in that Article are situated either in the territories

two Parties to this Protocol or within the territory

a single Party to this Protocol with an agreed stopping place in the territory

another State. Chapter III Final Clauses Article IV As between the Parties to this Protocol, the Warsaw Convention as amended at The Hague in 1955 and this Protocol shall be read and interpreted together as one single instrument and shall be known as the Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No. 2

Montreal, 1975. Article V Until the date on which this Protocol comes into force in accordance with the provisions

Article VII, it shall remain open for signature by any State. Article VI

1. This Protocol shall be subject to ratification by the signatory States.
2. Ratification

this Protocol by any State which is not a Party to the Warsaw Convention or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, shall have the effect

accession to the Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No. 2

Montreal,

2. The instruments

ratification shall be deposited with the Government

the Polish People's Republic. Article VII 1. As soon as thirty signatory States have deposited their instruments

ratification

this Protocol, it shall come into force between them on the ninetieth day after the deposit

the thirtieth instrument

ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit

its instrument

ratification. 2. As soon as this Protocol comes into force it shall be registered with the United Nations by the Government

the Polish People's Republic. Article VIII

1. This Protocol, after it has come into force, shall be open for accession by any non-signatory State.
2. Accession to this Protocol by any State which is not a Party to the Warsaw Convention or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, shall have the effect

accession to the Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No. 2

Montreal,

2. Accession shall be effected by the deposit

an instrument

accession with the Government

the Polish People's Republic and shall take effect on the ninetieth day after the deposit. Article IX 1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government

the Polish People's Republic. 2. Denunciation shall take effect six months after the date

receipt by the Government

the Polish People's Republic

the notification

denunciation. 3. As between the Parties to this Protocol, denunciation by any

them

the Warsaw Convention in accordance with Article 39 thereof or

The Hague Protocol in accordance with Article XXIV thereof shall not be construed in any way as a denunciation

the Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No. 2

Montreal, 1975. Article X No reservation may be made to this Protocol except that a State may at any time declare by a notification addressed to the Government

the Polish People's Republic that the Convention as amended by this Protocol shall not apply to the carriage

persons, cargo and baggage for its military authorities on aircraft, registered in that State, the whole capacity

which has been reserved by or on behalf

such authorities. Article XI The Government

the Polish People's Republic shall promptly inform all States Parties to the Warsaw Convention or to that Convention as amended, all signatory or acceding States to the present Protocol, as well as the International Civil Aviation Organisation,

the date

each signature, the date

deposit

each instrument

ratification or accession, the date

coming into force

this Protocol, and other relevant information. Article XII As between the Parties to this Protocol which are also Parties to the Convention, Supplementary to the Warsaw Convention, for the Unification

Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18th September 1961 (hereinafter referred to as the “Guadalajara Convention”) any reference to the “Warsaw Convention” contained in the Guadalajara Convention shall include reference to the Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No. 2

Montreal, 1975, in cases where the carriage under the agreement referred to in Article I, paragraph (b)

the Guadalajara Convention is governed by this Protocol. Article XIII This Protocol shall remain open for signature until 1st January 1976 at the Headquarters

the International Civil Aviation Organisation and thereafter until it comes into force in accordance with Article VII at the Ministry for Foreign Affairs

the Polish People's Republic. The International Civil Aviation Organisation shall promptly inform the Government

the Polish People's Republic

any signature and the date thereof during the time that the Protocol shall be open for signature at the Headquarters

the International Civil Aviation Organisation. In Witness Whereof the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol. Done at Montreal on the twenty-fifth day

the month

September

the year One Thousand Nine Hundred and Seventy-five in four authentic texts in the English, French, Russian and Spanish languages. In the case

any inconsistency, the text in the French language, in which language the Warsaw Convention

12th October 1929 was drawn up, shall prevail. (Here follow signatures on behalf

certain States.) PART III MONTREAL ADDITIONAL PROTOCOL NO. 3, 1975 Additional Protocol No. 3 to Amend the Convention for the Unification

Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12th October 1929 as amended by the Protocols Done at The Hague on 28th September 1955 and at Guatemala City on 8th March 1971. The Governments Undersigned Considering that it is desirable to amend the Convention for the Unification

Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 as amended by the Protocols done at The Hague on 28th September 1955, and at Guatemala City on 8th March 1971, Have Agreed as follows: Chapter I Amendments to the Convention Article I The Convention which the provisions

the present Chapter modify is the Warsaw Convention as amended at The Hague in 1955, and at Guatemala City in 1971. Article II Article 22

the Convention shall be deleted and replaced by the following: “Article 22 1. (a) In the carriage

persons the liability

the carrier is limited to the sum

100,000 Special Drawing Rights for the aggregate

the claims, however founded, in respect

damage suffered as a result

the death or personal injury

each passenger. Where, in accordance with the law

the court seised

the case, damages may be awarded in the form

periodic payments, the equivalent capital value

the said payments shall not exceed 100,000 Special Drawing Rights. (b) In the case

delay in the carriage

persons the liability

the carrier for each passenger is limited to 4,150 Special Drawing Rights. (c) In the carriage

baggage the liability

the carrier in the case

destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger. 2. (a) In the carriage

cargo, the liability

the carrier is limited to a sum

17 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration

interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the consignor's actual interest in delivery at destination. (b) In the case

loss, damage or delay

part

the cargo, or

any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight

the package or packages concerned. Nevertheless, when the loss, damage or delay

a part

the cargo, or

an object contained therein, affects the value

other packages covered by the same air waybill, the total weight

such package or packages shall also be taken into consideration in determining the limit

liability. 3. (a) The courts

the High Contracting Parties which are not authorised under their law to award the costs

the action, including lawyers' fees, shall, in actions to which this Convention applies, have the power to award, in their discretion, to the claimant the whole or part

the costs

the action, including lawyers' fees which the court considers reasonable. (b) The costs

the action including lawyers' fees shall be awarded in accordance with subparagraph (a) only if the claimant gives a written notice to the carrier

the amount claimed including the particulars

the calculation

that amount and the carrier does not make, within a period

six months after his receipt

such notice, a written

fer

settlement in an amount at least equal to the compensation awarded within the applicable limit. This period will be extended until the time

commencement

the action if that is later. (c) The costs

the action including lawyers' fees shall not be taken into account in applying the limits under this Article. 4. The sums mentioned in terms

the Special Drawing Right in this Article and Article 42 shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion

the sums into national currencies shall, in case

judicial proceedings, be made according to the value

such currencies in terms

the Special Drawing Right at the date

the judgment. The value

a national currency, in terms

the Special Drawing Right,

a High Contracting Party which is a Member

the International Monetary Fund, shall be calculated in accordance with the method

valuation applied by the International Monetary Fund, in effect at the date

the judgment, for its operations and transactions. The value

a national currency, in terms

the Special Drawing Right,

a High Contracting Party which is not a Member

the International Monetary Fund, shall be calculated in a manner determined by that High Contracting Party. Nevertheless, those States which are not Members

the International Monetary Fund and whose law does not permit the application

the provisions

paragraphs 1 and 2 (a)

Article 22

may, at the time

ratification or accession or at any time thereafter declare that the limit

liability

the carrier in judicial proceedings in their territories is fixed at a sum

1,500,000 monetary units per passenger with respect to paragraph 1 (a)

Article 22

; 62,500 monetary units per passenger with respect to paragraph 1 (b)

Article 22

; 15,000 monetary units per passenger with respect to paragraph 1 (c)

Article 22

; and 250 monetary units per kilogramme with respect to paragraph 2 (a)

Article 22

. A State applying the provisions

this paragraph may also declare that the sum referred to in paragraphs 2 and 3

Article 42

shall be the sum

187,500 monetary units. This monetary unit corresponds to sixty-five and a half milligrammes

gold

millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion

these sums into national currency shall be made according to the law

the State concerned.” Article III In Article 42

the Convention— paragraphs 2 and 3 shall be deleted and replaced by the following: “2. At each

the Conferences mentioned in paragraph 1

this Article the limit

liability in Article 22, paragraph 1 (a) in force at the respective dates

these Conferences shall not be increased by an amount exceeding 12,500 Special Drawing Rights. 3. Subject to paragraph 2

this Article, unless before the thirty-first December

the fifth and tenth year after the date

entry into force

the Protocol referred to in paragraph 1

this Article the aforesaid Conferences decide otherwise by a two-thirds majority vote

the Parties present and voting, the limit

liability in Article 22, paragraph 1 (a) in force at the respective dates

these Conferences shall on those dates be increased by 12,500 Special Drawing Rights.” Chapter II Scope

Application

the Convention as Amended Article IV The Warsaw Convention as amended at The Hague in 1955, and at Guatemala City in 1971 and by this Protocol shall apply to international carriage as defined in Article 1

the Convention, provided that the places

departure and destination referred to in that Article are situated either in the territories

two Parties to this Protocol or within the territory

a single Party to this Protocol with an agreed stopping place in the territory

another State. Chapter III Final Clauses Article V As between the Parties to this Protocol, the Warsaw Convention as amended at The Hague in 1955 and at Guatemala City in 1971, and this Protocol shall be read and interpreted together as one single instrument and shall be known as the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3

Montreal, 1975. Article VI Until the date on which this Protocol comes into force in accordance with the provisions

Article VIII, it shall remain open for signature by any State. Article VII

1. This Protocol shall be subject to ratification by the signatory States.
2. Ratification

this Protocol by any State which is not a Party to the Warsaw Convention or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, and at Guatemala City, 1971, shall have the effect

accession to the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3

Montreal,

2. The instruments

ratification shall be deposited with the Government

the Polish People's Republic. Article VIII 1. As soon as thirty signatory States have deposited their instruments

ratification

this Protocol, it shall come into force between them on the ninetieth day after the deposit

the thirtieth instrument

ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit

its instrument

ratification. 2. As soon as this Protocol comes into force it shall be registered with the United Nations by the Government

the Polish People's Republic. Article IX

1. This Protocol, after it has come into force, shall be open for accession by any non-signatory State.
2. Accession to this Protocol by any State which is not a Party to the Warsaw Convention or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, or by any State not a Party to the Warsaw Convention as amended at The Hague, 1955, and at Guatemala City, 1971, shall have the effect

accession to the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3

Montreal,

2. Accession shall be effected by the deposit

an instrument

accession with the Government

the Polish People's Republic and shall take effect on the ninetieth day after the deposit. Article X 1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government

the Polish People's Republic. 2. Denunciation shall take effect six months after the date

receipt by the Government

the Polish People's Republic

the notification

denunciation. 3. As between the Parties to this Protocol, denunciation by any

them

the Warsaw Convention in accordance with Article 39 thereof or

The Hague Protocol in accordance with Article XXIV thereof or

the Guatemala City Protocol in accordance with Article XXII thereof shall not be construed in any way as a denunciation

the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3

Montreal,

1. Article XI
2. Only the following reservations may be made to this Protocol: (a) any State whose courts are not authorised under its law to award the costs

the action including lawyers' fees may at any time by a notification addressed to the Government

the Polish People's Republic declare that Article 22, paragraph 3 (

1. a)shall not apply to its courts; (
2. b)any State may at any time declare by a notification addressed to the Government

the Polish People's Republic that the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3

Montreal, 1975, shall not apply to the carriage

persons, baggage and cargo for its military authorities on aircraft, registered in that State, the whole capacity

which has been reserved by or on behalf

such authorities; and (c) any State may declare at the time

ratification

or accession to the Montreal Protocol No. 4

1975, or at any time thereafter, that it is not bound by the provisions

the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3

Montreal, 1975, in so far as they relate to the carriage

cargo, mail and postal packages. Such declaration shall have effect ninety days after the date

receipt by the Government

the Polish People's Republic

the declaration. 2. Any State having made a reservation in accordance with the preceding paragraph may at any time withdraw such reservation by notification to the Government

the Polish People's Republic. Article XII The Government

the Polish People's Republic shall promptly inform all States Parties to the Warsaw Convention or to that Convention as amended, all signatory or acceding States to the present Protocol, as well as the International Civil Aviation Organisation,

the date

each signature, the date

deposit

each instrument

ratification or accession, the date

coming into force

this Protocol, and other relevant information. Article XIII As between the Parties to this Protocol which are also Parties to the Convention, Supplementary to the Warsaw Convention, for the Unification

Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18th September 1961 (hereinafter referred to as the “Guadalajara Convention”) any reference to the “Warsaw Convention” contained in the Guadalajara Convention shall include reference to the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3

Montreal, 1975, in cases where the carriage under the agreement referred to in Article I, paragraph (b)

the Guadalajara Convention is governed by this Protocol. Article XIV This Protocol shall remain open for signature until 1st January 1976 at the Headquarters

the International Civil Aviation Organisation and thereafter until it comes into force in accordance with Article VIII at the Ministry for Foreign Affairs

the Polish People's Republic. The International Civil Aviation Organisation shall promptly inform the Government

the Polish People's Republic

any signature and the date thereof during the time that the Protocol shall be open for signature at the Headquarters

the International Civil Aviation Organisation. In Witness Whereof the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol. Done at Montreal on the twenty-fifth day

September

the year One Thousand Nine Hundred and Seventy-five in four authentic texts in the English, French, Russian and Spanish languages. In the case

any inconsistency, the text in the French language, in which language the Warsaw Convention

12th October 1929 was drawn up, shall prevail. (Here follow signatures on behalf

certain States.) PART IV MONTREAL ADDITIONAL PROTOCOL NO. 4, 1975 Additional Protocol No. 4 to Amend the Convention for the Unification

Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12th October 1929 as Amended by the Protocol Done at The Hague on 28th September 1955. The Governments Undersigned Considering that it is desirable to amend the Convention for the Unification

Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 as amended by the Protocol done at The Hague on 28th September 1955, Have Agreed as follows: Chapter I Amendments to the Convention Article I The Convention which the provisions

the present Chapter modify is the Warsaw Convention as amended at The Hague in 1955. Article II In Article 2

the Convention— paragraph 2 shall be deleted and replaced by the following:— “2. In the carriage

postal items the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations. 3. Except as provided in paragraph 2

this Article, the provisions

this Convention shall not apply to the carriage

postal items.” Article III In Chapter II

the Convention— Section III (Articles 5 to 16) shall be deleted and replaced by the following: “Section III.—Documentation relating to cargo Article 5 1. In respect

the carriage

cargo an air waybill shall be delivered. 2. Any other means which would preserve a record

the carriage to be performed may, with the consent

the consignor, be substituted for the delivery

an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a receipt for the cargo permitting identification

the consignment and access to the information contained in the record preserved by such other means. 3. The impossibility

using, at points

transit and destination, the other means which would preserve the record

the carriage referred to in paragraph 2

this Article does not entitle the carrier to refuse to accept the cargo for carriage. Article 6

1. The air waybill shall be made out by the consignor in three original parts.
2. The first part shall be marked “for the carrier”; it 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. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted.
3. The signature

the carrier and that

the consignor may be printed or stamped. 4. If, at the request

the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf

the consignor. Article 7 When there is more than one package: (a) the carrier

cargo has the right to require the consignor to make out separate air waybills; (b) the consignor has the right to require the carrier to deliver separate receipts when the other means referred to in paragraph 2

Article 5are used.

Article 8 The air waybill and receipt for the cargo shall contain: (a) an indication

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single High Contracting Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place; and (c) an indication

the weight

the consignment. Article 9 Non-compliance with the provisions

Articles 5 to 8 shall not affect the existence or the validity

the contract

carriage, which shall, none the less, be subject to the rules

this Convention including those relating to limitation

liability. Article 10 1. The consignor is responsible for the correctness

the particulars and statements relating to the cargo inserted by him or on his behalf in the air waybill or furnished by him or on his behalf to the carrier for insertion in the receipt for the cargo or for insertion in the record preserved by the other means referred to in paragraph 2

Article 5. 2.

The consignor shall indemnify the carrier against all damage suffered by him, or by any other person to whom the carrier is liable, by reason

the irregularity, incorrectness or incompleteness

the particulars and statements furnished by the consignor or on his behalf. 3. Subject to the provisions

paragraphs 1 and 2

this Article, the carrier shall indemnify the consignor against all damage suffered by him, or by any other person to whom the consignor is liable, by reason

the irregularity, incorrectness or incompleteness

the particulars and statements inserted by the carrier or on his behalf in the receipt for the cargo or in the record preserved by the other means referred to in paragraph 2

Article 5. Article 11 1.

The air waybill or the receipt for the cargo is prima facie evidence

the conclusion

the contract,

the acceptance

the cargo and

the conditions

carriage mentioned therein. 2. Any statements in the air waybill or the receipt for the cargo relating to the weight, dimensions and packing

the cargo, as well as those relating to the number

packages, are prima facie evidence

the facts stated; those relating to the quantity, volume and condition

the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence

the consignor, or relate to the apparent condition

the cargo. Article 12 1. Subject to his liability to carry out all his obligations under the contract

carriage, the consignor has the right to dispose

the cargo by withdrawing it at the airport

departure or destination, or by stopping it in the course

the journey on any landing, or by calling for it to be delivered at the place

destination or in the course

the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport

departure. He must not exercise this right

disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise

this right. 2. If it is impossible to carry out the orders

the consignor the carrier must so inform him forthwith. 3. If the carrier obeys the orders

the consignor for the disposition

the cargo without requiring the production

the part

the air waybill or the receipt for the cargo delivered to the latter, he will be liable, without prejudice to his right

recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession

that part

the air waybill or the receipt for the cargo. 4. The right conferred on the consignor ceases at the moment when that

the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or if he cannot be communicated with, the consignor resumes his right

disposition. Article 13 1. Except when the consignor has exercised his right under Article 12, the consignee is entitled, on arrival

the cargo at the place

destination, to require the carrier to deliver the cargo to him, on payment

the charges due and on complying with the conditions

carriage. 2. Unless it is otherwise agreed, it is the duty

the carrier to give notice to the consignee as soon as the cargo arrives. 3. If the carrier admits the loss

the cargo, or if the cargo has not arrived at the expiration

seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract

carriage. Article 14 The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interests or in the interests

another, provided that he carries out the obligations imposed by the contract

carriage. Article 15 1. Articles 12, 13 and 14 do not affect the relations

the consignor and the consignee with each other or the mutual relations

third parties whose rights are derived either from the consignor or from the consignee. 2. The provisions

Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the receipt for the cargo. Article 16 1. The consignor must furnish such information and such documents as are necessary to meet the formalities

customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity

any such information or documents, unless the damage is due to the fault

the carrier, his servants or agents. 2. The carrier is under no obligation to enquire into the correctness or sufficiency

such information or documents.” Article IV Article 18

the Convention shall be deleted and replaced by the following: “Article 18 1. The carrier is liable for damage sustained in the event

the destruction or loss

, or damage to, any registered baggage, if the occurrence which caused the damage so sustained took place during the carriage by air. 2. The carrier is liable for damage sustained in the event

the destruction or loss

, or damage to, cargo upon condition only that the occurrence which caused the damage so sustained took place during the carriage by air. 3. However, the carrier is not liable if he proves that the destruction, loss

, or damage to, the cargo resulted solely from one or more

the following: (a) inherent defect, quality or vice

that cargo; (b) defective packing

that cargo performed by a person other than the carrier or his servants or agents; (c) an act

war or an armed conflict; (d) an act

public authority carried out in connexion with the entry, exit or transit

the cargo. 4. The carriage by air within the meaning

the preceding paragraphs

this Article comprises the period during which the baggage or cargo is in the charge

the carrier, whether in an airport or on board an aircraft, or, in the case

a landing outside an airport, in any place whatsoever. 5. The period

the carriage by air does not extend to any carriage by land, by sea or by river performed outside an airport. If, however, such carriage takes place in the performance

a contract for carriage by air, for the purpose

loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result

an event which took place during the carriage by air.” Article V Article 20

the Convention shall be deleted and replaced by the following: “Article 20 In the case

passengers and baggage, and in the case

damage occasioned by delay in the carriage

cargo, the carrier shall not be liable if he proves that he and his servants and agents have taken all necessary measures to avoid the damage or that it was impossible for them to take such measures.” Article VI Article 21

the Convention shall be deleted and replaced by the following: “Article 21 1. In the carriage

passengers and baggage, if the carrier proves that the damage was caused by or contributed to by the negligence

the person suffering the damage the Court may, in accordance with the provisions

its own law, exonerate the carrier wholly or partly from his liability. 2. In the carriage

cargo, if the carrier proves that the damage was caused by or contributed to by the negligence or other wrongful act or omission

the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from his liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.” Article VII In Article 22

the Convention— (

1. a)in paragraph 2 (
2. a)the words “and

cargo” shall be deleted. (

1. b)after paragraph 2 (
2. a)the following paragraph shall be inserted: “(
3. b)In the carriage

cargo, the liability

the carrier is limited to a sum

17 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration

interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that the sum is greater than the consignor's actual interest in delivery at destination.” (c) paragraph 2 (b) shall be designated as paragraph 2 (c). (d) after paragraph 5 the following paragraph shall be inserted: