Air Navigation and Transport Act, 1988

Air Navigation and Transport Act, 1988 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 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 of 1988 AIR NAVIGATION AND TRANSPORT ACT, 1988 ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section 1.

Short title, collective citation and construction.

2.

Interpretation.

3.

Laying of orders and Regulations before Houses of Oireachtas.

4.

Expenses.

PART II

Provisions to promote security and safety of civil aviation and other provisions in relation to aerodromes and aircraft 5.

Application of Part II.

6.

Security and safety at aerodromes.

7.

Directions by Minister in relation to security and safety of aerodromes.

8.

Duty of operator of aerodrome to report to Minister.

9.

Extension of power of Minister to revoke, cancel or suspend licence or authorisation.

10.

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

11.

Obligation to effect insurance in relation to aerodromes.

12.

Possession of certain dangerous articles in aerodromes.

13.

Directions by Minister in relation to security and safety of aircraft.

14.

Duty of operator of aircraft to report to Minister.

15.

Extension of power of Minister to refuse or cancel registration of aircraft.

16.

Detention or restriction of use of aircraft.

17.

Obligation of owners or operators of aircraft in relation to liability for loss or damage arising from operation of aircraft.

18.

Inspection of aerodromes, aircraft, etc., for purposes of this Part.

19.

Possession of certain dangerous articles in aircraft.

20.

Indemnity against proceedings.

21.

Hearing of proceedings in relation to exercise by Minister of power under this Part.

22.

Control of aircraft, aerodromes, etc., by Minister for duration of emergency.

23.

Restriction on dumping near aerodromes.

24.

Amendment of section 60 of Principal Act.

25.

Amendment of section 15 of Act of 1950.

26.

Amendment of section 16 of Act of 1950.

27.

Extension of sections 16 to 20 of Act of 1950 to non-State aerodromes.

28.

Increase in penalties for certain offences.

29.

Offences and penalties (Parts II, IV and V).

30.

Exchequer grants or other payments in relation to construction, etc., of aerodromes in State.

31.

Amendment of section 8 of Act of 1950.

32.

Detention and sale of aircraft for unpaid aerodrome charges.

33.

Powers of authorised officers at aerodromes.

PART III

Provisions in relation to the 1975 Protocols to the Warsaw Convention 34.

Commencement of Part III.

35.

Application of Part III.

36.

1975 Protocols to the Warsaw Convention to have the force of law in the State.

37.

Consequential amendments to Principal Act and Act of 1965.

PART IV

Provisions in relation to the 1984 Protocol to the Chicago Convention 38.

Required landing or interception of certain aircraft.

39.

Amendment of section 12 of Act of 1946.

40.

Compliance with required landing order.

PART V

Miscellaneous 41.

Detention of aircraft.

42.

Impersonation of authorised officer or authorised person.

43.

False alarms.

44.

Transfer to Minister of powers of Government under certain Acts.

45.

Transfer of certain functions to Minister.

46.

Amendment of section 18 of Principal Act.

47.

Amendment of sections 55 and 56(4) of Principal Act.

48.

Amendment of section 2 of Hire-Purchase Act, 1946.

49.

Amendment of Customs-free Airport Act, 1947.

50.

Amendment of section 7 of Act of 1965.

51.

Amendment of sections 3 and 5 of Air Navigation and Transport Act, 1975.

52.

Amendment of section 3 of Air Transport Act, 1986.

53.

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 Offices Fees Act, 1879 42 & 43 Vict., c.58 Status of Children Act, 1987 1987, No. 26 Number 15 of 1988 AIR NAVIGATION AND TRANSPORT ACT, 1988 AN ACT TO MAKE PROVISION FOR THE PROMOTION OF SECURITY AND SAFETY OF 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 OF 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.—(1) This Act may be cited as the Air Navigation and Transport Act, 1988.

Interpretation.

2.—(1) In this Act— “the Act of 1946” means the Air Navigation and Transport Act, 1946 ; “the Act of 1950” means the Air Navigation and Transport Act, 1950 ; “the Act of 1959” means the Air Navigation and Transport Act, 1959 ; “the Act of 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 of 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 of which was signed at Montreal on the 25th day of September, 1975) to amend the Warsaw Convention.

Laying of orders and Regulations before Houses of Oireachtas.

3.—Every order and Regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling 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 of anything previously done thereunder.

Expenses.

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

PART II

Provisions to promote security and safety of civil aviation and other provisions in relation to aerodromes and aircraft Application of

Part II

.

5.—This Part applies to aerodromes other than aerodromes under the control of the Minister for Defence.

Security and safety at aerodromes.

6.—It shall be the duty of— (a) every person owning or operating an aerodrome, and (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) of public order and security and of the security and safety of the aerodrome and of the security and safety of persons and aircraft using that aerodrome.

Directions by Minister in relation to security and safety of aerodromes.

7.—The Minister may, whenever he is satisfied that the interests of the State or of the public so require, give directions to any person who owns or operates an aerodrome as to the standards of security and safety which must be complied with in relation to that aerodrome and it shall be the duty of every such person to comply with such directions.

Duty of operator of aerodrome to report to Minister.

8.—(1) It shall be the duty of every operator of 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, of all measures taken by him to comply with a direction of the Minister pursuant to section 7 .

Extension of power of Minister to revoke, cancel or suspend licence or authorisation.

9.—(1) Any power conferred on the Minister under the Acts to revoke, cancel or suspend a licence or authorisation granted thereunder shall be deemed to include the power, if it appears to him that the holder of 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 of public order or security or safety in the licence or authorisation or in a direction under section 7 , to— (a) revoke or cancel the licence or authorisation, as the case may be, or (b) suspend the licence or authorisation, as the case may be, until such time as the holder of the licence or authorisation has complied with any security or safety requirements so specified.

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

10.—(1) Subject to subsection (2), the Minister may, if he is satisfied that it is in the interests of 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

Obligation to effect insurance in relation to aerodromes.

11.—(1) A person shall not operate, or cause or permit any other person to operate, an aerodrome unless there is a policy of insurance in force in relation to that aerodrome.

Possession of certain dangerous articles in aerodromes.

12.—(1) This section applies to the following articles, that is to say— (a) a firearm, or any article having the appearance of a firearm, whether capable of being discharged or not; (b) an explosive, or any article manufactured or adapted so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not; (c) any article marked or labelled so as to indicate that it is, or it contains, an explosive; (d) any article which does not fall within the meaning of paragraph (a), (b) or (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.

Directions by Minister in relation to security and safety of aircraft.

13.—(1) The Minister may, whenever he is satisfied that the interests of the State or of the public so require, give to the operator of any aircraft (other than a State aircraft) directions as to the standards of security and safety which must be complied with— (a) wherever the aircraft may be, if the aircraft is registered in the State, or (b) whenever the aircraft is in, or is in flight into, or out of, or over, the State, if the aircraft is not so registered, and it shall be the duty of every such operator to comply with such directions.

Duty of operator of aircraft to report to Minister.

14.—(1) It shall be the duty of every operator of 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, of all measures taken by him to comply with a direction of the Minister pursuant to section 13 .

Extension of power of Minister to refuse or cancel registration of aircraft.

15.—(1) Any power conferred on the Minister under the Acts to refuse or cancel the registration of 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 of that aircraft.

Detention or restriction of use of aircraft.

16.—(1) The Minister may, where the interests of the State or the public so require, direct the detention or the restriction of the use in such manner as he may specify of— (a) any aircraft (other than a State aircraft) registered in the State, wherever that aircraft may be, or (b) any other aircraft in the State, if in the opinion of the Minister such aircraft does not comply with the standards of security or safety specified by him in a direction under section 13 or that the operation of such aircraft does not comply with such provisions of section 17 as may be applicable to such aircraft.

Obligation of owners or operators of aircraft in relation to liability for loss or damage arising from operation of aircraft.

17.—(1) The Minister may by order provide that it shall not be lawful for any person to operate, or cause or permit any other person to operate, an aircraft (other than a State aircraft) in, in flight into, or out of, or over the State unless— (a) there is in force, in accordance with subsection (2), a policy of insurance against liability arising in relation to any such operation of the aircraft, or (b) the owner or, as the case may be, the operator of the aircraft can prove to the satisfaction of the Minister, in accordance with subsection (3), that he can provide for liability arising in relation to any such operation, in respect of loss or damage to (i) any person or property on the aircraft, or (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 off 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 off or landing.

Inspection of aerodromes, aircraft, etc., for purposes of this Part.

18.—(1) An authorised person shall, for the purpose of enabling the Minister to— (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 (b) determine whether to give a direction under this Part to any person, and (c) ascertain whether any direction under this Part is being, or has been, complied with, have power to do all or any of the following things:— (i) enter any aerodrome and inspect the aerodrome and any apparatus, equipment or other thing therein; (ii) enter any aircraft at any aerodrome and inspect any apparatus, equipment or other thing therein or thereon; (iii) require the operator of the aerodrome or, as the case may be, of the aircraft concerned to furnish within such time as the authorised person may specify such information as he considers necessary for the purposes of the inspection referred to in paragraph (i) or (ii); (iv) restrict the operation of the aerodrome, or detain any aircraft, during such time as is required for the exercise of his powers under this section.

Possession of certain dangerous articles in aircraft.

19.—(1) This section applies to the following articles, that is to say— (a) a firearm, or any article having the appearance of a firearm, whether capable of being discharged or not; (b) an explosive, or any article manufactured or adapted so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not; (c) any article marked or labelled so as to indicate that it is, or it contains, an explosive; (d) any article which does not fall within the meaning of paragraph (a), (b) or (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.

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 of 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 of the Minister under this Part.

Hearing of proceedings in relation to exercise by Minister of power under this Part.

21.—In any proceedings which relate to the exercise by the Minister of any power conferred on him by this Part, the Court may, on the application of the Minister, if it is satisfied that it is in the interests of public order or security so to do, order that the whole of the proceedings, or such part thereof as the Court considers appropriate, be heard otherwise than in public.

Control of aircraft, aerodromes, etc., by Minister for duration of emergency.

22.—The Minister may, in the interests of the State or of the public, during any emergency, give directions as to the use, or possession, of— (a) any aircraft or aerodrome, or (b) any facilities at an aerodrome, and every direction given by the Minister under this section shall— (i) continue in force until the expiration of 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.—(1) The Minister, after consultation with the Minister for the Environment, may, if, in his opinion, it is in the interests of ensuring the safety of aircraft or the safe and efficient navigation thereof, by order prohibit or regulate the use of any land, which is situate in the vicinity of 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 of birds into the area.

Amendment of section 60 of Principal Act.

24.—Section 60 (which relates to the investigation of accidents) of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection: “(1A) In this section ‘accident’ includes any event or circumstance likely to threaten the safety of an aircraft or any person.”.

Amendment of section 15 of Act of 1950.

25.—Section 15 (which relates to definitions for the purposes of Part V of that Act) of the Act of 1950 is hereby amended by the substitution in subsection (1) for— (a) the definition of “authorised officer” of the following definition: “the expression ‘authorised officer’ means a person being— (a) a member of the Garda Síochána, or (b) any person, or any person belonging to a class of persons, authorised in writing by the Minister to exercise the powers conferred on authorised officers by section 20 of this Act;”, and (b) the definition of “State aerodrome” of the following definition: “the expression ‘State aerodrome’ means, as the case may require, Cork Airport, Dublin Airport or Shannon Airport.”.

Amendment of section 16 of Act of 1950.

26.—Section 16 (which relates to bye-laws in relation to State aerodromes) of the Act of 1950 is hereby amended— (a) by the insertion in subsection (3) after paragraph (d) of the following paragraphs: “(e) fixing of 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 of vehicles unlawfully parked in any place.”, and (b) by the insertion after subsection (7) of the following subsection: “(8) Every bye-law made under this section on or after the commencement of the Air Navigation and Transport Act, 1988, shall be laid before each House of 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 of anything previously done thereunder.”.

Extension of sections 16 to 20 of Act of 1950 to non-State aerodromes.

27.—Sections 16 to 20 of the Act of 1950 (as amended by this Act) shall apply to all aerodromes in the State whether such aerodromes are State aerodromes within the meaning of section 15 of 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 offences.

28.—(1) A person who is guilty of an offence under— (a) section 5 (4), 39 (2), 56 (1), 60 (4) or 66 (3) of the Principal Act, or (b) section 13 (3) of the Act of 1946, or (c) section 13 (as amended by this Act) of the Customs-free Airport Act, 1947 , or (d) section 13 (1), 13 (2), 14 (7), 16 (6), 17 (2) or 21 of the Act of 1950, or (e) section 15 of the Air Navigation and Transport Act, 1973 , or (f) section 4

(4)

Section 13

of the Criminal Procedure Act, 1967 , shall apply in relation to an offence to which subsection (1), (2) or (3) relates as if, in lieu of the penalties provided for in subsection (3) of that section, there were specified the penalties provided for in subsections (1), (2) and (3), and the reference in subsection (2) (a) of that section to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

Offences and penalties ( Parts II , IV and V ).

29.—(1) A person who contravenes section 6 , 7 , 10 , 11 , 12 , 13 , 16 , 17 , 19 , 22 , 23 or 32 shall be guilty of an offence 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 of 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 of the Court, to both such fine and such imprisonment.

(3)

Section 13

of the Criminal Procedure Act, 1967 , shall apply in relation to an offence specified in subsection (1) or (2) as if, in lieu of the penalties provided for in subsection (3) of that section, there were specified the penalties provided for in subsections (1) and (2), and the reference in subsection (2) (a) of that section to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

Exchequer grants or other payments in relation to construction, etc., of aerodromes in State.

30.—(1) The Minister, with the consent of the Minister for Finance, may attach to any grant or other payment made out of moneys provided by the Oireachtas in relation to the construction of an aerodrome such terms and conditions as to repayment or otherwise as he thinks reasonable and proper.

Amendment of section 8 of Act of 1950.

31.—Section 8 (which relates to entry on land, etc., compulsorily acquired under the Principal Act before conveyance or ascertainment of compensation) of the Act of 1950 is hereby amended by the substitution for paragraph (a) of subsection (3) of the following paragraph: “(a) subject to paragraph (b) of this subsection, the Minister shall pay to the person, who is the occupier of that land or the owner of that water right, interest on the amount of the compensation payable to such person at such rate as the Minister for Finance may, from time to time, determine from the date on which such power was exercised until payment of such compensation,”.

Detention and sale of aircraft for unpaid aerodrome charges.

32.—(1) Where default is made in the payment of aerodrome charges incurrred in respect of any aircraft, the Minister or the aerodrome authority concerned, as the case may be, may, subject to the provisions of this section— (a) detain, pending payment of such charges, either— (i) the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention commences), or (ii) any other aircraft of 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 of the date when the detention commences, sell the aircraft in order to satisfy the charges.

Powers of authorised officers at aerodromes.

33.—(1) An authorised officer, in the interest of the proper operation, or the security or safety, of an aerodrome, or the security or safety of persons, aircraft or other property thereon, may do all or any of the following things— (a) stop, detain for such time as is reasonably necessary for the exercise of any of his powers under this section, and search any person or vehicle on an aerodrome; (b) require any person on an aerodrome to— (i) give his name and address and to produce other evidence of his identity; (ii) state the purpose of his being on the aerodrome; (iii) account for any baggage or other property which may be in his possession; (c) order any person (i) who refuses to give his name or address, or to produce other evidence of his identity, or (ii) who refuses to state the purpose of 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 of his being on the aerodrome which is known, or is reasonably suspected, by the authorised officer to be false or fictitious, or (v) whom he knows not to have, or whom he reasonably suspects of 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, (d) arrest without warrant any person— (i) who assaults, or whom he reasonably suspects to have assaulted, another person on an aerodrome, or (ii) whom he knows to have, or whom he reasonably suspects of having contravened section 12 or 19 , or (iii) whom he knows to have, or reasonably suspects of having, a stolen article in his possession.

PART III

Provisions in relation to the 1975 Protocols to the Warsaw Convention Commencement of

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 of the 1975 Protocols to the Warsaw Convention.

Application of

Part III

.

35.—(1) This Part shall apply only in respect of states which are parties to the 1975 Protocols to the Warsaw Convention.

1975 Protocols to the Warsaw Convention to have the force of law in the State.

36.—(1) The 1975 Protocols to the Warsaw Convention (as set out, respectively, in Parts I , II , III and IV of the First Schedule ) shall have the force of law in the State and section 18 (as amended by the Act of 1965 and this Act) of, and the First Schedule (as amended by the Act of 1959) to, the Principal Act shall have effect accordingly.

Part II

of the First Schedule or in Article XI of the Protocol set out in

Part III

of that Schedule or in Article XXI of the Protocol set out in

Part IV

of that Schedule.

Part I

of the First Schedule , or by Article II of the Protocol set out in

Part II

of that Schedule, or by Article II or III of the Protocol set out in

Part III

of that Schedule or by Article VII of the Protocol set out in

Part IV

of that Schedule, as the case may be, shall, for the purposes of an action against the carrier, be converted into the currency of the State on the day on which the amount of any damages to be paid by the carrier is ascertained by the Court and— (a) for the purpose of converting such an amount from Special Drawing Rights into the currency of the State one Special Drawing Right shall be treated as equal to such a sum in the currency of the State as the International Monetary Fund have fixed as being the equivalent of one Special Drawing Right for— (i) that day, or (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; (b) a certificate given by or on behalf of the Central Bank stating that— (i) a particular sum in the currency of 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 of 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 of those matters for the purposes of 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 of 1965.

37.—(1) References in section 20 (as amended by the Act of 1959 and by the Act of 1965) of the Principal Act to the First Schedule (as amended by the Act of 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, of the First Schedule .

PART IV

Provisions in relation to the 1984 Protocol to the Chicago Convention Required landing or interception of certain aircraft.

38.—(1) Subject to subsections (2) and (3), the power to make orders for carrying out the Chicago Convention conferred on the Minister by sections 9, 10 and 11 of the Act of 1946 shall be deemed to include a power by order to— (a) require the landing at such aerodrome as may be specified in the order, or (b) provide for the interception in accordance with the terms of the order of any aircraft— (i) which is flying, or attempting to fly, without authority over the State, or (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.

Provided always that nothing in this subsection shall operate to prejudice the inherent right of self-defence as set forth in the Charter of the United Nations.

Provided always that nothing in this subsection shall prejudice the inherent right of self-defence as set forth in the Charter of the United Nations.

Amendment of section 12 of Act of 1946.

39.—(1) Section 12 of the Act of 1946 is hereby amended by— (a) the substitution for paragraphs (a) and (b) of the following paragraphs: “(a) it shall be lawful for a commissioned officer of the Defence Forces of 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 of the order prescribing the action to be taken on such signal being given, it shall be lawful for such officer to intercept the aircraft and, subject to section 38

Compliance with required landing order.

40.—(1) The pilot or commander of every aircraft registered in the State and of every aircraft operated by a person, whose principal place of 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 of the additional powers conferred on him by section 38 , to land the aircraft.

PART V

Miscellaneous Detention of aircraft.

41.—(1) The Minister may direct the detention of any aircraft (other than a State aircraft) subject to such conditions, and for such time, as he may specify for the purpose of securing compliance with— (a) any provision of the Principal Act, or any instrument made thereunder; (b) the Chicago Convention, or any order made under Part II of the Act of 1946 (as amended by this Act), or any regulation made or direction given under any such order; (c) the provisions of the Convention relating to Co-operation for the Safety of Air Navigation signed at Brussels on the 13th day of December, 1960, or with any instrument made under the Act of 1963; or (d) any provision of the Act of 1965, or any instrument made or direction given under that Act.

Impersonation of authorised officer or authorised person.

42.—Any person who falsely represents himself to be an authorised officer or an authorised person shall be guilty of an offence.

False alarms.

43.—Every person who knowingly gives, or causes to be given, a false alarm which interferes with the operation of any aircraft, aerodrome or air navigation installation shall be guilty of an offence.

Transfer to Minister of powers of Government under certain Acts.

44.—(1) The powers conferred on the Government by— (a) section 17 (which relates to the Warsaw Convention having the force of law in Saorstát Éireann) of the Principal Act, or (b) section 7 (which relates to the 1955 Protocol to the Warsaw Convention having the force of law in the State) of the Act of 1959, or (c) section 2 (which relates to the Guadalajara Convention having the force of law in the State) of the Act of 1965, are hereby transferred to the Minister.

Transfer of certain functions to Minister.

45.—(1) The functions under the Customs-free Airport Act, 1947 , which are vested in the Minister for Communications under or by virtue of 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.

Amendment of section 18 of Principal Act.

46.—Section 18 (inserted by the Act of 1965) of the Principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph: “(b) In deducing any relationship for the purposes of this section— (i) the relationship between every person and his father and mother shall be determined in accordance with section 3 of the Status of Children Act, 1987 , and all other relationships shall be determined accordingly; (ii) a person in loco parentis to another shall be considered the parent of that other.”.

Amendment of sections 55 and 56 (4) of Principal Act.

47.—(1) The Principal Act is hereby amended by the substitution for section 55 (which relates to the restrictions on actions for damages in respect of damages for trespass or nuisance by aircraft) of the following section: “55. An action shall not lie in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of the flight, so long as the provisions of any order made under

Part II

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

Part II

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

Amendment of section 2 of Hire-Purchase Act, 1946.

48.—

Section 2

of the Hire-Purchase Act, 1946 (which relates to the application of the Act) is hereby amended by— (a) the insertion in paragraph (b) after “members,” of “or”, and (b) the insertion after paragraph (b) of the following paragraph: “(c) an agreement relating to aircraft or spare parts for aircraft,”.

Amendment of 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 ) of the following section: “13. (1) The Minister may, with the consent of the Minister for Finance, make Regulations for the management and control of the airport:

Provided that the power of the Minister to make Regulations under this section shall not extend to the making of Regulations permitting the carrying on of any trade, business or manufacture within the airport.

Amendment of section 7 of Act of 1965.

50.—Section 7 (which relates to the power to authorise by order the operation of air services) of the Act of 1965 is hereby amended by the insertion after subsection (5) of the following subsection: “(6) (a) The Minister, with the consent of the Minister for Finance, may, in any order under this section, provide for the payment of fees on the grant of an authorisation to operate an air service under this section and, with the consent aforesaid, prescribe the amount of the fees (including different amounts in respect of authorisations in relation to different categories of air services and in relation to air services previously the subject of authorisations under this section). (b) All fees received under this subsection shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs. (c) The Public Offices Fees Act, 1879, shall not apply to any fees payable under this subsection.”.

Amendment of sections 3 and 5 of Air Navigation and Transport Act, 1975.

51.—The Air Navigation and Transport Act, 1975 , is hereby amended by— (a) the substitution of the following subsection for subsection (1) of section 3: “(1) A person shall be guilty of an offence if anywhere he unlawfully and intentionally— (a) commits on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft, (b) destroys an aircraft in service or so damages it as to render it incapable of 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 of flight or to endanger its safety in flight, (d) destroys, damages or interferes with the operation of any air navigation facility if such act is likely to endanger the safety of aircraft in flight, (e) communicates any information which he knows to be false where the communication of the information endangers, or is likely to endanger, the safety of an aircraft in flight, (f) (i) performs an act of violence against a person (I) at an aerodrome in the State (other than an aerodrome under the control of 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 of any aerodrome referred to in subparagraph (i) of this paragraph (other than an aerodrome under the control of 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 of the following section for section 5: “Application of the Extradition Act, 1965, to persons arrested under this Act.

5.—(1) Any person arrested under section 4

Amendment of section 3 of Air Transport Act, 1986.

52.—The Air Transport Act, 1986 , is hereby amended by— (a) the substitution in section 3 (2) for “twenty-one days” of “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 (2) of the following subsections: “(2A) The Minister may by order amend or revoke an order made under subsection (2) of this section. (2B) Every order made by the Minister under subsection (2) or (2A) of this section shall be published in Iris Oifigiúil and shall be laid before each House of 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 of 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 of 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 of 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 of the present Chapter modify is the Warsaw Convention, 1929.

Article II Article 22 of the Convention shall be deleted and replaced by the following: “Article 22 1. In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 8,300 Special Drawing Rights. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodic payments, the equivalent capital value of the said payments shall not exceed this limit. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.

Nevertheless, those States which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraphs 1, 2 and 3 of Article 22 may at the time of ratification or accession or at any time thereafter declare that the limit of liability of the carrier in judicial proceedings in their territories is fixed at a sum of 125,000 monetary units per passenger with respect to paragraph 1 of Article 22; 250 monetary units per kilogramme with respect to paragraph 2 of Article 22; and 5,000 monetary units per passenger with respect to paragraph 3 of Article 22. This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be made according to the law of the State concerned.”

Chapter II   Scope of Application of the Convention as Amended

Article III The Warsaw Convention as amended by this Protocol shall apply to international carriage as defined in Article 1 of the Convention provided that the place of departure and destination referred to in that Article are situated either in the territories of two Parties to this Protocol, or within the territory of a single Party to this Protocol with an agreed stopping place in the territory of 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 of Montreal 1975.

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

Article VII 1. As soon as thirty signatory States have deposited their instruments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.

Article VIII 1. This Protocol, after it has come into force, shall be open for accession by any non-signatory State.

Article IX 1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the Polish People's Republic.

Article X No reservation may be made to this Protocol.

Article XI The Government of the Polish People's Republic shall promptly inform all States Parties to the Warsaw Convention or of that Convention as amended, all signatory or acceding States to the present Protocol, as well as the International Civil Aviation Organisation, of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of coming into force of 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 of 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 of Montreal, 1975, in cases where the carriage under the agreement referred to in Article I, paragraph (b) of the Guadalajara Convention is governed by this Protocol.

Article XIII This Protocol shall remain open for signature until 1st January 1976 at the Headquarters of the International Civil Aviation Organisation and thereafter until it comes into force in accordance with Article VII at the Ministry for Foreign Affairs of the Polish People's Republic. The International Civil Aviation Organisation shall promptly inform the Government of the Polish People's Republic of any signature and the date thereof during the time that the Protocol shall be open for signature at the Headquarters of 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 of the month of September of the year One Thousand Nine Hundred and Seventy-five in four authentic texts in the English, French, Russian and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Warsaw Convention of 12th October 1929 was drawn up, shall prevail. (Here follow signatures on behalf of certain States.)

PART II

MONTREAL ADDITIONAL PROTOCOL NO. 2, 1975 Additional Protocol No. 2 to Amend the Convention for the Unification of 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 of 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 of the present Chapter modify is the Warsaw Convention as amended at The Hague in 1955.

Article II Article 22 of the Convention shall be deleted and replaced by the following: “Article 22 1. In the carriage of persons the liability of the carrier for each passenger is limited to the sum of 16,600 Special Drawing Rights. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodic payments, the equivalent capital value of the said payments shall not exceed this limit. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.

Nevertheless, those States which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraphs 1, 2 (a) and 3 of Article 22 may at the time of ratification or accession or at any time thereafter, declare that the limit of liability of the carrier in judicial proceedings in their territories is fixed at a sum of 250,000 monetary units per passenger with respect to paragraph 1 of Article 22; 250 monetary units per kilogramme with respect to paragraph 2 (a) of Article 22; and 5,000 monetary units per passenger with respect to paragraph 3 of Article 22. This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be made according to the law of the State concerned.”

Chapter II   Scope of Application of 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 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of two Parties to this Protocol or within the territory of a single Party to this Protocol with an agreed stopping place in the territory of 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 of Montreal, 1975.

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

Article VII 1. As soon as thirty signatory States have deposited their instruments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.

Article VIII 1. This Protocol, after it has come into force, shall be open for accession by any non-signatory State.

Article IX 1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the Polish People's Republic.

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 of the Polish People's Republic that the Convention as amended by this Protocol shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft, registered in that State, the whole capacity of which has been reserved by or on behalf of such authorities.

Article XI The Government of 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, of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of coming into force of 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 of 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 of Montreal, 1975, in cases where the carriage under the agreement referred to in Article I, paragraph (b) of the Guadalajara Convention is governed by this Protocol.

Article XIII This Protocol shall remain open for signature until 1st January 1976 at the Headquarters of the International Civil Aviation Organisation and thereafter until it comes into force in accordance with Article VII at the Ministry for Foreign Affairs of the Polish People's Republic. The International Civil Aviation Organisation shall promptly inform the Government of the Polish People's Republic of any signature and the date thereof during the time that the Protocol shall be open for signature at the Headquarters of 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 of the month of September of the year One Thousand Nine Hundred and Seventy-five in four authentic texts in the English, French, Russian and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Warsaw Convention of 12th October 1929 was drawn up, shall prevail. (Here follow signatures on behalf of certain States.)

PART III

MONTREAL ADDITIONAL PROTOCOL NO. 3, 1975 Additional Protocol No. 3 to Amend the Convention for the Unification of 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 of 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 of 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 of the Convention shall be deleted and replaced by the following: “Article 22 1. (a) In the carriage of persons the liability of the carrier is limited to the sum of 100,000 Special Drawing Rights for the aggregate of the claims, however founded, in respect of damage suffered as a result of the death or personal injury of each passenger. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodic payments, the equivalent capital value of the said payments shall not exceed 100,000 Special Drawing Rights. (b) In the case of delay in the carriage of persons the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights. (c) In the carriage of baggage the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger.

Nevertheless, those States which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraphs 1 and 2 (a) of Article 22 may, at the time of ratification or accession or at any time thereafter declare that the limit of liability of the carrier in judicial proceedings in their territories is fixed at a sum of 1,500,000 monetary units per passenger with respect to paragraph 1 (a) of Article 22; 62,500 monetary units per passenger with respect to paragraph 1 (b) of Article 22; 15,000 monetary units per passenger with respect to paragraph 1 (c) of Article 22; and 250 monetary units per kilogramme with respect to paragraph 2 (a) of Article 22. A State applying the provisions of this paragraph may also declare that the sum referred to in paragraphs 2 and 3 of Article 42 shall be the sum of 187,500 monetary units. This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be made according to the law of the State concerned.”

Article III In Article 42 of the Convention— paragraphs 2 and 3 shall be deleted and replaced by the following: “2. At each of the Conferences mentioned in paragraph 1 of this Article the limit of liability in Article 22, paragraph 1 (a) in force at the respective dates of these Conferences shall not be increased by an amount exceeding 12,500 Special Drawing Rights.

Chapter II   Scope of Application of 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 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of two Parties to this Protocol or within the territory of a single Party to this Protocol with an agreed stopping place in the territory of 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 of Montreal, 1975.

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

Article VIII 1. As soon as thirty signatory States have deposited their instruments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.

Article IX 1. This Protocol, after it has come into force, shall be open for accession by any non-signatory State.

Article X 1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the Polish People's Republic.

Article XI 1. 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 of the action including lawyers' fees may at any time by a notification addressed to the Government of the Polish People's Republic declare that Article 22, paragraph 3 (a) shall not apply to its courts; (b) any State may at any time declare by a notification addressed to the Government of 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 of Montreal, 1975, shall not apply to the carriage of persons, baggage and cargo for its military authorities on aircraft, registered in that State, the whole capacity of which has been reserved by or on behalf of such authorities; and (c) any State may declare at the time of ratification of or accession to the Montreal Protocol No. 4 of 1975, or at any time thereafter, that it is not bound by the provisions of the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3 of Montreal, 1975, in so far as they relate to the carriage of cargo, mail and postal packages. Such declaration shall have effect ninety days after the date of receipt by the Government of the Polish People's Republic of the declaration.

Article XII The Government of 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, of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of coming into force of 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 of 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 of Montreal, 1975, in cases where the carriage under the agreement referred to in Article I, paragraph (b) of the Guadalajara Convention is governed by this Protocol.

Article XIV This Protocol shall remain open for signature until 1st January 1976 at the Headquarters of the International Civil Aviation Organisation and thereafter until it comes into force in accordance with Article VIII at the Ministry for Foreign Affairs of the Polish People's Republic. The International Civil Aviation Organisation shall promptly inform the Government of the Polish People's Republic of any signature and the date thereof during the time that the Protocol shall be open for signature at the Headquarters of 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 of September of the year One Thousand Nine Hundred and Seventy-five in four authentic texts in the English, French, Russian and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Warsaw Convention of 12th October 1929 was drawn up, shall prevail. (Here follow signatures on behalf of certain States.)

PART IV

MONTREAL ADDITIONAL PROTOCOL NO. 4, 1975 Additional Protocol No. 4 to Amend the Convention for the Unification of 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 of 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 of the present Chapter modify is the Warsaw Convention as amended at The Hague in 1955.

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

Article III In Chapter II of the Convention—

Section III (Articles 5 to 16) shall be deleted and replaced by the following:

“Section III.—Documentation relating to cargo

Article 5

Article 6

Article 7When there is more than one package:

(a) the carrier of 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 of Article 5 are used.

Article 8The air waybill and receipt for the cargo shall contain:

(a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; and (c) an indication of the weight of the consignment.

Article 9

Non-compliance with the provisions of Articles 5 to 8 shall not affect the existence or the validity of the contract of carriage, which shall, none the less, be subject to the rules of this Convention including those relating to limitation of liability.

Article 10

Article 11

Article 12

Article 13

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

Article 15

Article 16

Article IV Article 18 of the Convention shall be deleted and replaced by the following: “Article 18 1. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, any registered baggage, if the occurrence which caused the damage so sustained took place during the carriage by air.

Article V Article 20 of the Convention shall be deleted and replaced by the following: “Article 20 In the case of passengers and baggage, and in the case of damage occasioned by delay in the carriage of 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 of the Convention shall be deleted and replaced by the following: “Article 21 1. In the carriage of passengers and baggage, if the carrier proves that the damage was caused by or contributed to by the negligence of the person suffering the damage the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.

Article VII In Article 22 of the Convention— (a) in paragraph 2 (a) the words “and of cargo” shall be deleted. (b) after paragraph 2 (a) the following paragraph shall be inserted: “(b) In the carriage of cargo, the liability of the carrier is limited to a sum of 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 of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that 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: