Air Transport Act, 1986
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Notice requiring particulars of proposed airline tariffs. |
3.— (1) (a) The Minister may, by a notice in writing given to an air carrier to which this Act applies, for so long as the notice remains in force, require such carrier to submit, or cause to be submitted on his behalf, to the Minister, in writing and before its implementation, particulars of any airline tariff proposed to be applied by such air carrier, being an airline tariff to which the notice relates. | |
(b) Where a notice under this section is given, then, for so long as the notice remains in force, the person to whom it is given shall comply with the requirements of the notice. | ||
(2) Where an airline tariff is submitted to the Minister pursuant to the requirements of a notice under this section, the Minister may approve of the tariff, or of anything contained therein, with or without modification or refuse to approve of the tariff or of anything so contained: provided that the Minister shall not make a decision under this section in relation to the airline tariff before the day which is twenty-one days after the day on which particulars of the airline tariff are entered in the register pursuant to section 5 of this Act, or the day immediately following the expiration of the period specified in the relevant notification under subsection (4) of this section, whichever is the later. | ||
(3) In considering an airline tariff submitted under this section, in addition to having regard to the interests of the air carrier by or on whose behalf the submission is made, the Minister shall have regard to— | ||
(a) the reasonable interests of— | ||
(i) the other air carriers to which this Act applies, and | ||
(ii) the persons whom he considers will use the passenger service, or the mail or other cargo service, as may be appropriate, to which the proposed airline tariff will relate, | ||
(b) the contribution capable of being made to the economy by the tourist industry by reason of the provision (subject to the need to maintain an air transport industry) of airline tariffs which are competitive in the fares, rates or other charges and in the terms and conditions applicable, | ||
(c) the necessity, having regard in particular to the public interest, of maintaining the continuity, range, frequency and standard of all or any of the following, namely, particular air services to, from or within the State, such air services generally or airport facilities associated with such air services, | ||
(d) any representations or objections regarding the airline tariff which are made to him within the period mentioned in subsection (2) of this section (which representations and objections are hereby authorised to be made), and | ||
(e) any air transport or other international agreement for the time being in force, to which the State is a party. | ||
(4) Where under this section the Minister proposes either to approve of with modifications or to refuse to approve of an airline tariff, he shall notify in writing the air carrier or other person from whom the relevant submission was received under this section of his intention and of the reasons therefor and the notification shall state that within such period, beginning on the date of the notification as is specified in the notification (being a period of not less than seven days), representations and objections as regards the proposed refusal or modification may be made to the Minister by such air carrier (which representations and objections are hereby authorised to be made). | ||
(5) A notice under this section may relate to airline tariffs generally or to such tariffs which are of a class or description specified in the notice and, in any case where such a notice relates to airline tariffs of a class or description so specified, the notice shall be given to all air carriers to which this Act applies, which apply or propose to apply airline tariffs of that class or description. | ||
(6) A notice under this section shall remain in force until it is withdrawn by the Minister by a notice in writing. |