Air Navigation and Transport Act, 1965
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
“air service” means a flight or flights by one or more aircraft carrying passengers, cargo or mail for reward;
“the Guadalajara Convention” means 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 done at Guadalajara, Mexico, on the 18th day of September, 1961;
“the Minister” means the Minister for Transport and Power;
“the Principal Act” means the Air Navigation and Transport Act, 1936 ;
“the Act of 1959” means the Air Navigation and Transport Act, 1959 .
(2) References in this Act to the territory of the State shall, unless the context otherwise requires, be construed as including the territorial seas adjacent to such territory.
num: 2
paragraphs: —(1) The provisions of the Guadalajara Convention, as set out in the Schedule to this Act, shall have the force of law in the State.
(2) The Government may by order from time to time certify who are the Contracting States to the Guadalajara Convention and in respect of what territories they are respectively Contracting States.
num: 3
paragraphs: —(1) In the Schedule to this Act “the Warsaw Convention” means in relation to carriage by air—
num: 4
paragraphs: —The following section shall be substituted for section 18 (inserted by the Civil Liability Act, 1961 ), of the Principal Act:
“Liability of carrier in the event of the death of a passenger.
num: 18
paragraphs: (1) (a) In this section—
‘dependant’, in relation to a passenger in respect of whose death a liability is imposed on a carrier by Article 17 of the Warsaw Convention or the Guadalajara Convention, means any member of the family of the deceased who suffers injury or mental distress;
‘member of the family’ means wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister.
(b) In deducing any relationship for the purposes of this section—
(i) a person adopted under the Adoption Acts, 1952 and 1964, shall be considered the legitimate offspring of the adopter or adopters;
(ii) subject to subparagraph (i) of this paragraph, 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) Any liability to pay damages imposed by Article 17 of the Warsaw Convention or the Guadalajara Convention on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger under any statute (including Part IV of the Civil Liability Act, 1961 ) or at common law, and the following provisions shall have effect in relation to the action to enforce the liability so imposed—
(a) the liability shall be enforceable for the benefit of the dependants of the passenger;
(b) only one action for damages may be brought in the State against the same person in respect of the death;
(c) the action may be brought by the personal representative of the passenger or, if at the expiration of six months from the death there is no personal representative or no action has been brought by the personal representative, by all or any of the dependants;
(d) the action, by whomsoever brought, shall be for the benefit of all the dependants who are either resident in the State or, not being resident there, express a desire to take the benefit of the action;
(e) the plaintiff shall furnish the defendant with particulars of the persons for whom and on whose behalf the action is brought;
(f) subject to paragraph (m) of this subsection—
(i) the damages shall be the total of such amounts (if any) as the jury or the judge, as the case may be, shall consider proportioned to the injury resulting from the death to each of the dependants, respectively, for whom or on whose behalf the action is brought, and
(ii) subject to paragraph (g) of this subsection, the total of such amounts (if any) as the judge shall consider reasonable compensation for mental distress resulting from the death to each of such dependants;
(g) the total of any amounts awarded by virtue of subparagraph (ii) of paragraph (f) of this subsection shall not exceed one thousand pounds;
(h) each amount awarded by virtue of paragraph (f) of this subsection shall be indicated separately in the award;
(i) in addition, damages may be awarded in respect of funeral and other expenses actually incurred by the passenger, the dependants or the personal representative as a result of the accident which caused the death of the passenger;
(j) it shall be sufficient for the defendant in paying money into court in the action to pay it in one sum as damages for all the dependants without apportioning it between them;
(k) the amount recovered in the action shall, after deducting the costs not recovered from the defendant, be divided among the persons entitled in such shares as the jury or the judge, as the case may be, may have determined;
(l) in assessing the damages account shall not be taken of any sum payable on the death of the passenger under any contract of insurance, or of any pension, gratuity or other like benefit payable under statute or otherwise in consequence of the death of the deceased;
num: 5
paragraphs: —In section 20 of the Principal Act references to the First Schedule to that Act shall be construed as including references to the Guadalajara Convention.
num: 6
paragraphs: —(1) An air service shall not be operated to, from, within or over the territory of the State unless—
(a) (i) the service is of a kind standing authorised by an order under section 7 of this Act and the service is operated in accordance with the provisions of the order, or
(ii) an authorisation under section 8 of this Act is in force in respect of the service and, if the authorisation contains any provisions or conditions, the service is operated in accordance with those provisions or conditions,
and
(b) in the case of a service to, from or within the territory of the State—
(i) if an order under section 9 of this Act fixing the fares or rates to be charged for the carriage of passengers, cargo and mail on the service is in force, the fares or rates so fixed are charged on the service, and
(ii) if the fares or rates to be charged for the carriage of passengers, cargo and mail on the service stand approved of by the Minister under section 10 of this Act, the fares or rates so standing approved are charged on the service.
(2) Subsection (1) of this section and section 19 of this Act shall come into operation on such day as the Minister may appoint by order.
num: 7
paragraphs: —(1) The Minister may by order authorise, subject to such conditions as may be specified in the order, the operation of such air services, or categories of air services, to, from, within or over the territory of the State as may be specified in the order.
(2) An order under this section may contain such provisions in relation to the operation of air services to which it applies as the Minister thinks appropriate.
(3) Categories of air services may be denoted in an order under this section in such manner and by reference to such matters, including the origin and destination of the flight or flights comprising the air service, as the Minister thinks appropriate.
(4) The Minister may by order revoke or amend an order under this section including an order under this subsection.
(5) Upon the coming into operation of an order under this section, the Air Navigation (International Lines) Order, 1935 , shall cease to have effect.
num: 8
paragraphs: —(1) The Minister may, in his absolute discretion, grant or refuse to grant an authorisation to any person entitling the person to operate an air service to, from, within or over the territory of the State.
(2) An authorisation under this section may contain such provisions and conditions as the Minister thinks appropriate.
(3) The Minister may, whenever he so thinks fit, amend or revoke a provision or condition of an authorisation under this section.
(4) Subject to subsection (5) of this section, an authorisation under this section shall remain in force for such period as the Minister thinks fit and specifies in the authorisation.
(5) Upon breach of, or failure, neglect or omission to comply with, a provision or condition contained in an authorisation under this section, the Minister may revoke the authorisation.
(6) (a) The Minister may make regulations for the purposes of this section.
(b) Without prejudice to the generality of paragraph (a) of this subsection, regulations under this subsection may prescribe forms of authorisations under this section, forms of application for such authorisations, the information to be furnished to the Minister by applicants for such authorisations, and (with the consent of the Minister for Finance) provide for the payment of fees on the grant of such authorisations and (with the consent aforesaid) prescribe the amount of the fees (including different amounts in respect of authorisations in relation to different air services and in relation to air services previously the subject of authorisations under this section).
(7) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period an authorisation under this section was not in force in respect of a specified air service shall, without proof of the signature of the person purporting to sign the certificate or that he was an officer of the Minister, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by the certificate.
num: 9
paragraphs: —(1) The Minister may, by order, fix the fares or rates to be charged for the carriage of passengers, cargo or mail on air services to, from or within the territory of the State.
(2) An order under this section may fix different fares or rates in respect of different air services or different categories of passengers, cargo or mail and may apply in relation to all air services to, from or within the territory of the State or in relation only to a specified air service or specified air services to, from or within such territory.
(3) The Minister may by order revoke or amend an order under this section including an order under this subsection.
num: 10
paragraphs: —(1) The Minister may in his absolute discretion approve or refuse to approve of the fares or rates proposed to be charged for the carriage of passengers, cargo or mail on an air service to, from or within the territory of the State.
(2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period the fares or rates charged on a specified air service for the carriage of passengers, cargo or mail on the service did not stand approved under this section shall, without proof of the signature of the person purporting to sign the certificate or that he was an officer of the Minister, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by the certificate.
num: 11
paragraphs: —The Minister may by regulations under this section—
(a) require persons operating air services to, from, within or over the territory of the State—
(i) to keep records of such matters in relation to the aircraft engaged in those services as may be specified in the regulations,
(ii) to keep records of such matters in relation to the passengers, cargo and mail carried on those services as may be specified in the regulations,
(iii) to furnish to the Minister copies, summaries and abstracts of the records aforesaid at such times as may be specified in the regulations, and
(iv) if the Minister so thinks fit, to furnish the summaries and abstracts aforesaid in such form as the Minister may prescribe in the regulations,
(v) to produce records kept pursuant to the regulations to officers of the Minister and permit their inspection by the officers, and
(vi) to furnish to the Minister such information in relation to fares or rates charged or proposed to be charged in respect of the carriage of passengers, cargo and mail on those services as the Minister may specify, and
(b) provide for inspection by officers of the Minister of records kept pursuant to the regulations.
num: 12
paragraphs: —(1) If—
(a) an aircraft flies in contravention of a provision of this Act or an order, regulation or direction under this Act,
(b) an aircraft fails to comply with a provision of this Act or an order or regulation under this Act, or
(c) an act is committed in respect of an aircraft which is a contravention of a provision of this Act or an order, regulation or direction under this Act,
the owner or hirer (not being the State) of the aircraft and also the person in command thereof shall be deemed to have contravened or, as the case may be, failed to comply with the provision.
(2) A person who contravenes or fails to comply with or who is deemed by this section to have contravened or failed to comply with a provision of this Act or an order, regulation or direction under this Act shall be guilty of an offence and shall be liable—
(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds or, at the discretion of the Court, to both the imprisonment and the fine, or
(b) on conviction on indictment to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand pounds or, at the discretion of the Court, to both the imprisonment and the fine.
(3) In any prosecution of a person for an alleged contravention of or failure to comply with a provision of this Act or an order, regulation or direction under this Act it shall be a defence for the person to prove that the contravention or failure was due to stress of weather or other unavoidable cause, and in any prosecution of the owner, hirer or person in command of an aircraft for such alleged contravention or failure it shall be a defence for the owner, hirer or person in command to prove that the alleged contravention or failure took place without his actual default or privity.
(4) An offence under this Act may be prosecuted by or at the suit of the Minister as prosecutor.
num: 13
paragraphs: —(1) The Minister may by order provide for the detention of aircraft to secure compliance with the provisions of this Act or orders, regulations or directions under this Act.
(2) The references in sections 64 and 65 of the Principal Act to that Act shall be construed as including references to this Act and the said section 64 shall have effect, in its application to an offence committed in relation to an aircraft detained under this Act, as if the following were added to subsection (5): “or on conviction on indictment thereof to a fine not exceeding one thousand pounds”.
num: 14
paragraphs: —The references in subsections (1) and (2) of section 62 of the Principal Act to that Act shall be construed as including references to this Act.
num: 15
paragraphs: —(1) Subject to the provisions of this section, this Act shall not apply to State aircraft.
(2) The Minister may by order direct that such provisions of this Act or any order or regulations made thereunder as may be specified in the order shall, with or without modifications, apply to State aircraft, and whenever an order is made under this subsection and is in force, such of those provisions as may be specified in the order shall, subject to the modifications, if any, specified in the order, apply to State aircraft.
(3) The Minister may by order amend or revoke an order under this section including an order under this subsection.
(4) In this section “State aircraft” means aircraft of any country used in military, customs and police services.
num: 16
paragraphs: —The Minister may make regulations or give directions in relation to any matter in respect of which the Minister is authorised by an order or regulations under this Act to make regulations or give directions for carrying out the purposes of the order or regulations.
num: 17
paragraphs: —(1) An order or regulations made by the Minister under this Act may authorise the Minister to make regulations and give directions for carrying out the purposes of the order or regulations in respect of such matters and things as may be specified in the order or regulations.
(2) An order or regulations made by the Minister under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order or regulations.
(3) Every order and regulation made by the Minister 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 or regulation is passed by either 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.
num: 18
paragraphs: —The expenses incurred by 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.
num: 19
paragraphs: —Parts IX and X of the Principal Act are hereby repealed.
num: 20
paragraphs: —(1) This Act may be cited as the Air Navigation and Transport Act, 1965.
(2) This Act and the Air Navigation and Transport Acts, 1936 to 1963, may be cited together as the Air Navigation and Transport Acts, 1936 to 1965.