No. 1/1959:

AIR NAVIGATION AND TRANSPORT ACT, 1959

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and collective citation.

2 Commencement.

3 Interpretation. 1936, No. 40

PART II AMENDMENTS OF THE PRINCIPAL ACT

4 Amendment of section 18 of the Principal Act.

5 Amendment of the First Schedule to the Principal Act.

PART III PROVISIONS IN RELATION TO THE 1955 PROTOCOL TO THE WARSAW CONVENTION

6 Application of Part III.

7 1955 Protocol to the Warsaw Convention to have the force of law in the State.

PART IV CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

8 Amendment of section 20 of the Principal Act.

SCHEDULE

AN ACT TO AMEND SECTION 18 OF AND THE FIRST SCHEDULE TO THE AIR NAVIGATION AND TRANSPORT ACT, 1936 , TO ENABLE EFFECT TO BE GIVEN TO A PROTOCOL (SIGNED AT THE HAGUE ON THE 28TH DAY OF SEPTEMBER, 1955) TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAW ON THE 12TH DAY OF OCTOBER, 1929, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[18th March, 1959.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Air Navigation and Transport Act, 1959 .

(2) The Air Navigation and Transport Acts, 1936 to 1950, and this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1959.

2.—(1) This Act (except Parts III and IV and the Schedule) shall come into operation immediately upon the passing thereof.

(2) The following provisions of this Act, namely, Parts III and IV and the Schedule, shall come into operation on such day as shall be fixed for that purpose by order of the Government.

3.—In this Act—

"the Principal Act" means the Air Navigation and Transport Act, 1936 ;

"the 1955 Protocol to the Warsaw Convention" means the Protocol (signed at The Hague on the 28th September, 1955) to amend the Warsaw Convention;

"the Warsaw Convention" has the same meaning as in the Principal Act.

PART II AMENDMENTS OF THE PRINCIPAL ACT

4.—(1) The following clause shall be substituted for clause (ii) of paragraph (b) of section 18 of the Principal Act—

"(ii) in deducing any relationship—

(I) a person adopted under the Adoption Act, 1952 (No. 25 of 1952), shall be considered as the child of the adopter or adopters born to him, her or them in lawful wedlock and not to be the child of any other person,

(II) subject to sub-clause (I) of this clause, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father,

(III) a person in loco parentis to another shall be considered the parent of that other;".

(2) Subsection (1) of this section shall not apply in respect of an action to enforce the liability of a carrier in respect of the death of a passenger where the death occurred before the passing of this Act.

5.—The First Schedule to the Principal Act is hereby amended in the following respects—

( a ) the word "baggage" shall be substituted for the word "luggage" wherever the latter word occurs,

( b ) the expression "baggage ticket" shall be substituted for the expression "luggage ticket" wherever the latter expression occurs,

( c ) the word "cargo" shall be substituted for the word "goods" wherever the latter word occurs,

( d ) the expression "air waybill" shall be substituted for the expression "air consignment note" wherever the latter expression occurs.

PART III PROVISIONS IN RELATION TO THE 1955 PROTOCOL TO THE WARSAW CONVENTION

6.—This Part shall apply only in respect of States which are parties to the 1955 Protocol to the Warsaw Convention.

7.—(1) The provisions of the 1955 Protocol to the Warsaw Convention, as set out in the Schedule to this Act, shall have the force of law in the State, and the following provisions of the Principal Act, namely section 18 (as amended by section 4 of this Act) and the First Schedule (as amended by section 5 of this Act) shall have effect accordingly.

(2) The Government may by order from time to time certify who are the parties to the 1955 Protocol to the Warsaw Convention, in respect of what territories they are respectively parties and to what extent they have availed themselves of the right of reservation provided for in Article XX VI of the 1955 Protocol to the Warsaw Convention.

(3) Any sum in francs mentioned in Article 22 of the First Schedule to the Principal Act, as amended by Article XI of the Schedule to this Act, shall, for the purposes of an action against the carrier, be converted into the currency of the State at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the Court.

PART IV CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL

8.—In section 20 of the Principal Act—

( a ) references to the First Schedule to the Principal Act shall be construed as references to the said First Schedule as amended by section 5 of this Act and by the Schedule to this Act,

( b ) the reference to section 18 of the Principal Act shall be construed as a reference to the said section 18 amended by section 4 of this Act.

SCHEDULE

PROTOCOL

TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAW ON 12 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 12 October 1929,

HAVE AGREED as follows:

CHAPTER I.

AMENDMENTS TO THE CONVENTION.

Article 1.

In Article 1 of the Convention—

( a ) paragraph (2) shall be deleted and replaced by the following:—

"(2) For the purposes of this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties or within the territory of a single High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention."

( b ) paragraph (3) shall be deleted and replaced by the following:—

"(3) Carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State."

Article II.

In Article 2 of the Convention—

paragraph (2) shall deleted and replaced by the following:—

"(2) This Convention shall not apply to carriage of mail and postal packages."

Article III.

In Article 3 of the Convention—

( a ) paragraph (1) shall be deleted and replaced by the following:—

"(1) In respect of the carriage of passengers a ticket shall he delivered containing:

( 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 one such stopping place;

( c ) a notice to the effect that, if the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage."

( b ) paragraph (2) shall be deleted and replaced by the following:—

"(2) The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage. The absence, irregularity or loss of the passenger ticket does 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. Nevertheless, if, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by paragraph (1) ( c ) of this Article, the carrier shall not be entitled to avail himself of the provisions of Article 22."

Article IV.

In Article 4 of the Convention—

( a ) paragraphs (1), (2) and (3) shall be deleted and replaced by the following:—

"(1) In respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions of Article 3, paragraph (1), 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;

( c ) a notice to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to baggage."

( b ) paragraph (4) shall be deleted and replaced by the following:—

"(2) The baggage check shall constitute prima facie evidence of the registration of the baggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check does 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. Nevertheless, if the carrier takes charge of the baggage without a baggage check having been delivered or if the baggage check (unless combined with or incorporated in the passenger ticket which complies with the provisions of Article 3, paragraph (1) ( c )) does not include the notice required by paragraph (1) ( c ) of this Article, he shall not be entitled to avail himself of the provisions of Article 22, paragraph (2)."

Article V.

In Article 6 of the Convention—

paragraph (3) shall be deleted and replaced by the following:—

"(3) The carrier shall sign prior to the loading of the cargo on board the aircraft."

Article VI.

Article 8 of the Convention shall be deleted and replaced by the following:—

"The air waybill 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;

( c ) a notice to the consignor to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo."

Article VII.

Article 9 of the Convention shall be deleted and replaced by the following:—

"If with the consent of the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by Article 8, paragraph (c), the carrier shall not be entitled to avail himself of the provisions of Article 22, paragraph (2)."

Article VIII.

In Article 10 of the Convention—

paragraph (2) shall he deleted and replaced by the following:—

"(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 of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor."

Article IX.

To Article 15 of the Convention—

the following paragraph shall be added:—

"(3) Nothing in this Convention prevents the issue of a negotiable air waybill."

Article X.

Paragraph (2) of Article 20 of the Convention shall be deleted.

Article XI.

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 two hundred and fifty thousand francs. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed two hundred and fifty thousand francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.

(2) ( a ) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of two hundred and fifty francs per kilogramme, unless the passenger or 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 that sum is greater than the passenger's or consignor's actual interest in delivery at destination.

( b ) In the case of loss, damage or delay of part of registered baggage or cargo, or of 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 of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

(3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to five thousand francs 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 of the court costs and of the other expenses of the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

(5) The sums mentioned in francs in this Article shall be deemed to refer to a currency unit consisting of sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgement."

Article XII.

In Article 23 of the Convention, the existing provision shall be renumbered as paragraph (1) and another paragraph shall be added as follows:—

"(2) Paragraph (1) of this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried."

Article XIII.

In Article 25 of the Convention—

paragraphs (1) and (2) shall be deleted and replaced by the following:—

"The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment."

Article X IV.

After Article 25 of the Convention, the following Article shall be inserted:—

"Article 25 A.

(1) If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under Article 22.

(2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits.

(3) The provisions of paragraphs (1) and (2) of this article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result."

Article XV.

In Article 26 of the Convention—

paragraph (2) shall be deleted and replaced by the following:—

"(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal."

Article XVI.

Article 34 of the Convention shall be deleted and replaced by the following:—

"The provisions of Articles 3 to 9 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business."

Article XVII.

After Article 40 of the Convention, the following Article shall be inserted:—

"Article 40 A.

(1) In Article 37, paragraph (2) and Article 40, paragraph (1), the expression High Contracting Party shall mean State. In all other cases, the expression High Contracting Party shall mean a State whose ratification of or adherence to the Convention has become effective and whose denunciation thereof has not become effective.

(2) For the purposes of the Convention the word territory means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible."

CHAPTER II.

SCOPE OF APPLICATION OF THE CONVENTION AS AMENDED.

Article XVIII.

The Convention as amended 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 within the territory of another State.

CHAPTER III.

FINAL CLAUSES.

Article XIX.

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 amendment at The Hague, 1955.

Article XX.

Until the date on which this Protocol comes into force in accordance with the provisions of Article XXII, paragraph (1), it shall remain open for signature on behalf of any State which up to that date has ratified or adhered to the Convention or which has participated in the Conference at which this Protocol was adopted.

Article XXI.

(1) This Protocol shall be subject to ratification by the signatory States.

(2) Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.

(3) The instruments of ratification shall be deposited with the Government of the People's Republic of Poland.

Article XXII.

(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.

(2) As soon as this Protocol comes into force it shall be registered with the United Nations by the Government of the People's Republic of Poland.

Article XXIII.

(1) This Protocol shall, after it has come into force, be open for adherence by any non-signatory State.

(2) Adherence to this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.

(3) Adherence shall be effected by the deposit of an instrument of adherence with the Government of the People's Republic of Poland and shall take effect on the ninetieth day after the deposit.

Article XX IV.

(1) Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the People's Republic of Poland.

(2) Denunciation shall take effect six months after the date of receipt by the Government of the People's Republic of Poland of the notification of denunciation.

(3) As between the Parties to this Protocol, denunciation by any of them of the Convention in accordance with Article 39 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol.

Article XX V.

(1) This Protocol shall apply to all territories for the foreign relations of which a State Party to this Protocol is responsible, with the exception of territories in respect of which a declaration has been made in accordance with paragraph (2) of this Article.

(2) Any State may, at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this Protocol does not apply to any one or more of the territories for the foreign relations of which such State is responsible.

(3) Any State may subsequently, by notification to the Government of the People's Republic of Poland, extend the application of this Protocol to any or all of the territories regarding which it has made a declaration in accordance with paragraph (2) of this Article. The notification shall take effect on the ninetieth day after its receipt by that Government.

(4) Any State Party to this Protocol may denounce it, in accordance with the provisions of Article XX IV, paragraph (1), separately for any or all of the territories for the foreign relations of which such State is responsible.

Article XX VI.

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 People's Republic of Poland 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 XX VII.

The Government of the People's Republic of Poland shall give immediate notice to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organisation or of the United Nations and to the International Civil Aviation Organisation:

( a ) of any signature of this Protocol and the date thereof;

( b ) of the deposit of any instrument of ratification or adherence in respect of this Protocol and the date thereof;

( c ) of the date on which this Protocol comes into force in accordance with Article XXII, paragraph (1);

( d ) of the receipt of any notification of denunciation and the date thereof;

( e ) of the receipt of any declaration or notification made under Article XXV and the date thereof; and

( f ) of the receipt of any notification made under Article XXVI and the date thereof.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol.

DONE at The Hague on the Twenty-eighth day of the month of September of the year One Thousand Nine Hundred and Fifty-five, in three authentic texts in the English, French and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Convention was drawn up, shall prevail.

This Protocol shall be deposited with the Government of the People's Republic of Poland with which, in accordance with Article XX, it shall remain open for signature, and that Government shall send certified copies thereof to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organisation or of the United Nations, and to the International Civil Aviation Organisation.

(Here follow the signatures on behalf of certain States, including the State.)