CHAPTER VIII-ACCIDENT AND LIABILITY Article 77 The owner of an aircraft shall be liable for damage sustained in the event of the death of, or injury to any person and in the event of the destruction of, or damage to movable property or real estate resulting from the accident of an aircraft irrespective of whether there was intention, negligence or force majeure. The above liability shall also apply for damage sustained by an object falling or thrown from an aircraft. Article 78 If damage covered by Article 77 occurs while the aircraft is being operated under a lease or a loan, the owner and the lessee or borrower shall be jointly liable; if the lease has been registered, the lessee shall be solely liable in the absence of fault of the owner. Article 79 The aircraft owner, lessee or borrower shall have a recourse action against the aviation personnel or the third party causing the damage if such damage was caused intentionally or by negligence. Article 80 The amount of compensation recoverable for damage to passengers, cargo or aviation personnel may be determined by special contract. The special contract must be in writing. If the amount of compensation set out in the special contract has been approved by the Ministry of Communications and is set out in the ticket or the air bill of lading which has been accepted by the passenger or shipper, the ticket or air bill of lading shall be deemed to be a written contract. Article 81 In the case of a debtor who is not able to pay the whole compensation the court may consider his position and grant an extension of time. to pay or allow payment on an installment basis or reduce the amount of the compensation. The reduction shall not amount to more than 50% of the damage recoverable. Article 82 Prior to making an application for a certificate of registration under Article 19 of this Act the owner of an aircraft and a civil air transport enterprise prior to making an application for a certificate of authorization under Article 61 of this Act shall be insured in respect of their liability for damage by means of an insurance to the limits prescribed by the Ministry of Communications. Article 83 The Ministry of Communications may order any foreign aircraft which has obtained a special permission to fly into the territory of the Republic of China to deposit, prior to such flight, a sufficient cash deposit as security for any liability which may be incurred. Article 84 A district government may detain any foreign civil aircraft and its pilot that has not deposited security for liability which may be incurred or that has not obtained a special flight permission and has been forced to land or crashes in the territory of the Republic of China. If any damage results therefrom the foreign civil aircraft shall be liable for compensation. The District government shall issue a release if the aircraft owner, lessee, borrower or pilot deposits a guaranty acceptable to the district government, unless there has been a breach of some other law or regulation. Article 85 An action for damages may be brought at the option of the plaintiff either before the court of the defendant's domicile or before the court of the first landing place after the accident. Article 86 The Civil Code shall apply to all cases of liability incurred by aircraft which are not covered by this Act. Article 87 Any aircraft flying near the area of an accident shall participate in the search and rescue. Article 88 In the event of an accident the owner, lessee or borrower of the aircraft shall immediately report the matter to the Ministry of Communications. CHAPTER IX-PENALTIES Article 89 Any person using fraud to apply for, and thereby obtaining a certificate of authorization for aviation personnel or a certificate of registration or of airworthiness shall be liable to imprisonment for a term not exceeding three years or to penal servitude or to a fine not exceeding the sum of two thousand dollars. In addition the certificates shall be withdrawn. Article 90 Any person using an aircraft for flight without having obtained a certificate of airworthiness shall be liable to imprisonment for a term not exceeding five years or to penal servitude or to a fine not exceeding the sum of three thousand dollars. The same penalties shall apply when an aircraft is used for flight under an invalid certificate of airworthiness. This provision does not apply to authorized test flights. Article 91 Any aviation personnel engaging in a flight without having obtained a license and a certificate of authorization shall be liable to imprisonment for a term not exceeding two years or to penal servitude or to a fine not exceeding the sum of two thousand dollars. The employer shall also be deemed guilty and the same penalties shall be applicable. Article 92 Any civil air transport enterprise guilty of one of the following offenses shall be liable to penal servitude or to a fine not exceeding the sum of five hundred dollars: a) of not clearly marking or placing in the prescribed position the nationality mark and registration number of an aircraft; b) of not returning for cancellation the certificate of registration or the certificate of airworthiness or any other certificate issued under this Act, when under an obligation to do so; c) of operating an air transport enterprise without having obtained the necessary authorization. Article 93 The operator or manager of a private landing field guilty of one of the following offenses shall be liable to penal servitude or to a fine not exceeding the sum of two hundred dollars: a) of using the landing field for other purposes without the appropriate authorization; b) of closing down, transferring or leasing the landing field without the appropriate permission; c) of not complying with the appropriate regulations when collecting the landing field charges. Article 94 Any aviation personnel guilty of one of the following offenses shall be liable to imprisonment for a term not exceeding six months or to penal servitude or to a fine not exceeding the sum of one thousand dollars: a) of exceeding flight limitations prescribed by regulations; for cancellation when under an obligation to do so; c) of not carrying the necessary documents while the aircraft. is in flight; d) of infringing the provisions of Article 51 of this Act; e) of infringing the provisions of Article 54 of this Act; f) of after landing the aircraft not submitting to the prescribed inspection. Article 95 Any aircraft pilot or navigator who infringes the provisions of Article 16 of this Act shall be liable to imprisonment for a term not exceeding three years or to penal servitude or to a fine not exceeding the sum of three thousand dollars. Article 96 Anyone who sets up a private landing field without the necessary authorization or who infringes the provisions of Article 38 of this Act shall be liable to penal servitude or to a fine not exceeding the sum of three hundred dollars. Article 97 Any person who infringes the provisions of article 56 of this Act shall be liable to imprisonment for a term not exceeding two years. Article 98 Any person who infringes the provisions of article 57 of this Act shall be liable to imprisonment for a term not exceeding five years or to penal servitude or to a fine not exceeding the sum of two thousand dollars. Article 99 Any aviation personnel, passenger or other person travelling in an aircraft who infringes the provisions of article 58 of this Act without a justifiable reason shall be liable to imprisonment for a term not exceeding two years or to penal servitude or to a fine not exceeding the sum of five hundred dollars. CHAPTER X-SUPPLEMENTARY RULES Article 100 The Ministry of Communications will issue regulations concerning civil aviation enterprise. Article 101 This Act shall come into force on the day of its proclamation. THAILAND AIR NAVIGATION ACT, B.E. 2497 (1954)1 PHUMIPHOL ADULYADEJ, REX. Given on the 1st September, B.E. 2497; Being the 9th year of the Present Reign. H.M. King Phumiphol Adulyadej has been graciously pleased to proclaim that: Whereas it is expedient to amend the law on air navigation; Be it, therefore, enacted by the King, by and with the advice and consent of the Assembly of the People's Representatives, as follows:Section 1. This Act shall be called the "Air Navigation Act, B.E. 2497". Section 2. This Act shall come into force after the expiration of ninety days aз from the date of its publication in the Government Gazette. Section 3. (1) The Air Navigation Act, B.E. 2480; (2) The Air Navigation Act (No. 2), B.E. 2490; (3) The Air Navigation Act (No. 3), B.E. 2492; and (4) All laws, rules and regulations insofar as they are repugnant to or inconsistent with the provisions of this Act; shall be repealed. Section 4. In this Act: "Aircraft" includes all machines which can derive support in the atmosphere from the reactions of the air, except objects specified in the Ministerial Regulations; "Transport Aircraft" means an aircraft which is used or intended to be used for commercial transport of things or passengers for remuneration; "Foreign Aircraft" means an aircraft duly registered and having nationality according to the foreign law; "Parachute" means an umbrella-like device used for retarding by air-resistance the descent of person, thing or animal from a high place; English text supplied by the Royal Government of Thailand, 1 |