Air Navigation and Transport Act, 1936

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Number 40 of 1936.


AIR NAVIGATION AND TRANSPORT ACT, 1936.


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Definitions.

3.

Application of Act to State aircraft.

4.

Saving for lighthouse authorities.

5.

General provisions in relation to Orders made by the Executive Council.

6.

Regulations.

7.

Fees.

8.

Repeal of Air Navigation Act, 1920.

9.

Expenses.

PART II

Provisions in relation to the Paris Convention

10.

Power to give effect to the Paris Convention.

11.

Power to apply Paris Convention to internal flying.

12.

Special provisions which may be made by Order of the Executive Council.

13.

Power to compel compliance when aircraft disobeys signals.

14.

Expenses of International Commission for Air Navigation, etc.

15.

Continuance of orders and regulations made under Part I of the Air Navigation Act, 1920.

16.

Continuance of existing certificates and licences.

PART III

Carriage by Air

Chapter I .

International Carriage by Air

17.

Warsaw Convention to have the force of law in Saorstát Eireann.

18.

Liability of carrier in the event of the death of a passenger.

19.

Actions against High Contracting Parties who undertake carriage by air.

Chapter II .

Carriage by air which is not international.

20.

Application of Chapter I of this Part of this Act to carriage by air which is not international.

PART IV

Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Survival of Causes of Action Arising out of such Liability, Limitation of such Liability, and Compulsory Insurance by Owners of Aircraft Against such Liability

Chapter I .

Liability in Respect of Damage Caused by Aircraft to Persons or Property on Land or Water

Chapter II .

Survival of Causes of Action arising out of Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, Limitation of such Liability and Compulsory Insurance by Owners of Aircraft against such Liability

21.

Liability for damage caused by aircraft to persons or property on land or water.

22.

Commencement of Chapter II of Part IV.

23.

Survival of cause of action in respect of loss or damage caused by aircraft to persons and property on Land or water.

24.

Limitation of liability for damage caused by aircraft to persons and property on land or water.

25.

Obligation of owners of aircraft to be insured against certain third party risks.

26.

Hirers of aircraft to be treated as owners in certain circumstances.

27.

Approved aircraft insurer.

28.

Certificate of insurance.

29.

“Exempted persons”.

30.

Deposits by exempted persons.

31.

Payment of judgment debts out of deposit.

32.

Release of deposits.

33.

Regulations for purposes of Part IV.

Chapter III .

Provision in relation to the Rome Convention

34.

Commencement of Chapter III of Part IV.

35.

Provision for giving effect to the Rome Convention.

PART V

Establishment and Maintenance of Aerodromes by the Minister for Industry and Commerce and Local Authorities, and Acquisition of Land, etc., for those purposes

36.

Extension of meaning of “the purposes of this Part of this Act”.

37.

Power of Minister and local authority to establish and maintain aerodromes.

38.

Power of local authorities to carry on businesses in connection with aerodromes.

39.

Right of entry on land by the Minister and local authorities.

40.

Acquisition by the Minister of land by agreement.

41.

Compulsory acquisition of land, etc., by the Minister.

42.

Disposal of surplus land by the Minister.

43.

Acquisition of land by local authorities.

44.

Modification of procedure for acquisition of land.

45.

Interference with right of navigation and other rights.

46.

Interference with public roads and bridges.

47.

Protection of public roads and bridges.

48.

Contributions by a local authority or conservancy or harbour authority to local authority maintaining an aerodrome and provisions in relation to management of such aerodrome by a joint committee.

49.

Borrowing by local authorities.

50.

Expenses of local authorities.

51.

Expenses of conservancy and harbour authorities.

52.

Appointment of officers by local authorities.

53.

Provisions in relation to land belonging to the State.

54.

Saving of rights, etc., of Minister for Posts and Telegraphs.

PART VI

Trespass and Nuisance by Aircraft, and Dangerous Flying

55.

Restrictions on actions for damages in respect of trespass or nuisance by aircraft.

56.

Penalty for dangerous flying.

57.

Wreck and salvage.

PART VII

Administrative and Miscellaneous Provisions

58.

Application to seaplanes of certain provisions of the Merchant Shipping Acts, relating to collisions at sea and signals of distress.

59.

Power of conservancy and harbour authorities to make bye-laws for regulation of seaplanes when on the surface of the water.

60.

Investigation of accidents.

61.

Infringement of patents.

62.

Jurisdiction.

63.

Detention of aircraft.

64.

Enforcing detention of aircraft.

65.

Other provisions in relation to detained aircraft.

66.

Information as to air transport undertakings and use of customs aerodromes.

67.

Conveyance of mails.

PART VIII

The Company, Subsidiary Companies and Aer Lingus, Teoranta

68.

Formation and registration of the Company.

69.

Loan to Company to pay expenses of formation.

70.

Issue of share capital of the Company.

71.

Acquisition of shares by Minister for Finance by subscription.

72.

Underwriting by the Minister for Finance of issue of shares.

73.

Powers of the Minister for Finance as shareholder.

74.

Powers of Minister for Finance in respect of shares held by him.

75.

State guarantee of debentures of the Company.

76.

Advance of moneys out of the Central Fund.

77.

Payments of dividends, etc., into the Exchequer.

78.

Alteration of Memorandum and Articles of Association of the Company.

79.

Subsidies.

80.

Loan by the Company to Aer Lingus, Teoranta.

81.

Obligation to furnish balance sheets etc., to the Minister for Finance.

82.

Inspection of books and documents of the Company, Aer Lingus, Teoranta, and subsidiary companies.

83.

Non-application of Control of Manufactures Acts, 1932 and 1934.

PART IX

Restriction on Services for Internal Carriage by Air of Passengers and Goods

84.

Restriction on carriage by air of passengers and goods between places within Saorstát Eireann.

PART X

Control and Regulation of Certain Classes of Aviation Business

85.

Definitions for purposes of Part X.

86.

The appointed day for the purposes of Part X.

87.

Prohibition of carrying on aviation business of a class to which Part X applies by unlicensed persons.

88.

Application for aviation business licences.

89.

Grant of aviation business licence.

90.

Operation of aviation business licence.

91.

Attachment of conditions to aviation business licence.

92.

Amendment of conditions of aviation business licence.

93.

Breach of conditions attached to aviation business licence.

94.

Commencement and duration of aviation business licence.

95.

Application for renewal of aviation business licence.

96.

Grant of renewal of aviation business licence.

97.

Duration of renewal of aviation business licence.

98.

Revocation of aviation business licence.

99.

Transfer of aviation business licence.

100.

Death of licensee under aviation business licence.

101.

Furnishing of information and verification by applicants for grant, renewal and transfer of aviation business licences.

102.

Fees on grant, etc., of aviation business licence.

103.

Accounts and returns by licensees under aviation business licences.

FIRST SCHEDULE

International Convention for the Unification of Certain Rules Relating to International Carriage by Air

SECOND SCHEDULE

Conditions to which the Company is to Conform


Acts Referred to

Workmen's Compensation Act, 1934

No. 9 of 1934

Local Government Act, 1925

No. 5 of 1925

Merchant Shipping (Safety and Load Lines Conventions) Act, 1933

No. 42 of 1933

Aliens Act, 1935

No. 14 of 1935

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Number 40 of 1936.


AIR NAVIGATION AND TRANSPORT ACT, 1936.


AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE REGULATION OF AIR NAVIGATION AND TRANSPORT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [14th August, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—