13, five thousand German marks, in the cases of paragraph (1), no. 2, and 5 to 8, ten thousand German marks. (3) In the case of a negligent violation the maximum amount of the fine shall be one half of the maximum amount applicable to a violation committed with intent. Article 59 (1) Any person who endangers the safety of air traffic by violating, in a manner that is grossly negligent or reckless, any regulation passed within the framework of aerial supervision (Article 29) or violates any legal provision passed in accordance with Article 32 and thereby creates a danger to the public (Article 315, paragraph 13, of the Criminal Code) shall be punished by imprisonment. (2) Any person who negligently commits the acts specified in paragraph (1) shall be punished by imprisonment up to two years or by a fine. Article 60 (1) Any person who with intent 1) conducts an aircraft which is not licensed for air navigation or as operator permits a third person to conduct such an aircraft, 2) conducts or operates an aircraft without the license granted in accordance with Article 4, paragraph (1) or as operator of an aircraft authorizes to conduct or operate such aircraft any third person who has not been granted such license, 3) gives practical flight instruction without an instructor's license granted in accordance with Article 5, paragraph (3), 4) as commander of an aircraft takes off or lands without authorization outside of airports (Article 25, paragraph (1)), 5) without permission transports goods aboard an aircraft when their transportation is subject to permission in accordance with Article 27, paragraph (1) shall be punished by imprisonment up to two years and by a fine, or by one of these penalties. (2) Any person who negligently commits any of the acts mentioned in paragraph (1) shall be punished by imprisonment up to three months or by a fine. Article 61 Any person shall be deemed to commit an unlawful act who without permission of the competent authority 1) takes a photograph from an aircraft outside a regular air route, or 2) makes public a photograph which has been made from an aircraft outside a regular air route or a drawing or representation made therefrom. (2) Such unlawful act and the attempt to commit such unlawful act may be punished by a fine up to five thousand German marks. (3) Impounding of the photographic equipment and of photographs, drawings and representations shall be permissible in accordance with Articles 17 to 26 of the law concerning unlawful acts. When the objects do not belong to the person committing, or participating in, the unlawful act, they may also be impounded, other than in cases of Article 19 of the law concerning unlawful acts, when the public interest requires it. Article 23 of the law concerning unlawful acts shall apply accordingly to a proprietor. Article 62 (1) Any person who as pilot of an aircraft violates the regulations concerning prohibited areas of the airspace and areas subject to flight restrictions shall be punished by imprisonment up to two years and by a fine, or by one of these penalties, provided, however, that the act is not subject to a more severe penalty under other provisions. (2) Any person who negligently commits any act specified in paragraph (1) shall be punished by imprisonment up to three months or by a fine. OTHER AIR LAWS AND REGULATIONS IN FORCE IN GERMANY A. Laws (Jan. 1, 1961) 1. Law concerning prohibition of attachment of aircraft of March 17, 1935 (BGBl. I, p. 385) . 2. Law concerning rights in aircraft, of February 26, 1959 (BGBl. I, p. 57). Correction of Law concerning rights in aircraft, of March 25, 1959 (BGBl. I, p. 223). 3. Law concerning the Federal Institute for Flight Safety, of March 23, 1953 (BGBl. I, p. 70). 4. Law concerning the Federal Aviation Agency, of November 30, 1954 (BGBl. I, p. 354). B. Regulations 1. Regulations concerning air traffic (Luft VO) as published on August 21, 1936 (BGBl. I, p. 633), amendments thereto : First amendment, of March 31, 1937 (RGBl. I, p. 432) Regulations concerning testing of flight instrumentalities, of Aug. 21, 1936 (Air News [Nachrichten für Luftfahrer] p. 639). Regulations concerning foreign flight instrumentalities, of Aug. 19, 1953 (BGBl. I, p. 1133). Regulations concerning examination of flight personnel, of June 21, 1955 (BGBl. I, p. 324) 2. Regulations concerning rules of air navigation, of June 4, 1953 (Federal Register [Bundesanzeiger] No. 104/1953). Amendments thereto : Amendment of Nov. 18, 1954 (Federal Register No. 222/1954) Amendment of Jan. 22, 1959 (Federal Register No. 17/1959) 3. Air Customs Regulations, of May 5, 1941 (Reichsministerialblatt 1941, p. 111). Regulations concerning favorable customs treatment (Zollbegünstigung) for the promotion of air navigation, of May 11, 1953 (Fed. Reg. No. 95/1953). Amendments thereto : Amendment of April 9, 1954 (Fed. Reg. No. 85/1954) 4. Regulations for the prevention of transmission of contagious diseases by air traffic, of June 2, 1937 (RGBl. I, p. 611). 5. Regulation concerning establishment of air traffic statistics of March 12, 1959 (Fed. Reg. No. 52/1959). C. Other Regulations General administrative regulations concerning technical investigation of accidents occurring in the operation of aircraft (Fed. Reg. No. 48/1958). Id. of Aug. 16, 1960 (Fed. Reg. No. 163/1960). D. Laws and Regulations Concerning the Effect of International Agreements 1. Law for the application of the First Convention for the Unification of Private Air Law (Warsaw Convention), of Dec. 15, 1933 (RGBl. I, p. 1079). Amendment thereto: Law amending air traffic. liability of July 16, 1957 (BGBl. I, p. 710). 2. First regulations for the exchange rate of French francs in the application of the First Convention for the Unification of Private Air Law, of Nov. 4, 1957 (BGBl. I, p. 1784). 3. Law for the application of the Second Convention for the Unification of Private Air Law (Rome Convention for the Attachment of Aircraft), of March 17, 1935 (RGBl. I, p. 385). Regulations concerning the effect of the Law concerning prohibition of attachment of aircraft of Jan. 8, 1937 (BGBl. I, p. 7). 4. Law concerning the application of amendments to the International Civil Aviation Convention of September 1, 1959 (BGBl. II, p. 987). 5. Law concerning the application of the Convention in the International Recognition of Rights in Aircraft (Mortgage Convention) of April 22, 1960 (BGBl. II, p. 1506). GREAT BRITAIN PRELIMINARY At present, two basic air laws are in force in Great Britain: the Civil Aviation Act, 1949 (12, 13 and 14 Geo. 6, c. 67), and the Air Corporations Act, 1949 (12, 13 and 14 Geo. 6, c. 91), as amended by the Air Corporations Act, 1953 (2 and 3 Eliz. 2, c. 7) and the Air Corporations Act, 1956 (5 Eliz. 2, c. 3). The Civil Aviation Act, 1949 came into effect on November 24, 1949, and the Air Corporations Act, 1949, on December 16, 1949. The Civil Aviation Act, 1949 repeals and replaces prior Acts on civil aviation with the exception of the Carriage by Air Act, 1932 and the laws relating to Air Corporations. The latter is replaced by the Air Corporations Acts, 1949 to 1956. The main acts replaced by the Civil Aviation Act, 1949, are: the Air Navigation Act, 1920; the Air Navigation Act, 1936 (except sections 24, 26 and Fourth Schedule); the Air Navigation Act, 1938; the Ministry of Civil Aviation Act, 1945 and the Civil Aviation Act, 1946 (except as these two acts refer to Airways Corporations); the Air Navigation Act, 1947. The Air Corporations Acts, 1949 to 1956 replaced the following acts: the British Overseas Airways Act, 1939; the Ministry of Civil Aviation Act, 1945 (except as not repealed); the Civil Aviation Act, 1946 (except as not repealed); the Finance Act, 1947; the Airways Corporations Act, 1949. See also notes in Halsbury's Statutes of England, second ed., vol. 28 (1948-1949), pp. 192-311, and id. cumulative supplement (1957) pp. 102-120. In view of the British system, modifications in the Acts are indicated in footnotes. The texts of the Air Corporations Act, 1953 (2 and 3 Eliz. 2, c. 3), id., vol. 36, p. 52. For application of the Acts to parts of the British Isles and possessions, see Halsbury's Statutes of England, second ed., cumulative supplement (1957), pp. 102 to 120. 472 [22 & 23 GEO. 5.] Carriage by Air [CH. 36.] CHAPTER 36. An Act to give effect to a Convention for the A.D. 1932. unification of certain rules relating to international carriage by air, to make provision for applying the rules contained in the said Convention, subject to exceptions, adaptations and modifications, to carriage by air which is not international carriage within the meaning of the Convention, and for purposes connected with the purposes aforesaid. [12th July 1932.] WE HEREAS a Convention for the unification of certain rules relating to international carriage by air was on the twelfth day of October, nineteen hundred and twenty-nine, signed at Warsaw on behalf of His Majesty: And whereas it is expedient that provision should be made for giving effect to the said Convention : And whereas it is also expedient to make provision for applying the rules contained in the said Convention, subject to exceptions, adaptations and modifications, to carriage by air which is not international carriage within the meaning of the Convention : Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. (1) As from such day as His Majesty may by Provisions Order in Council certify to be the day on which the of Conven tion to have force of law. |