Notes on 49 U.S.C. § 40105 : US Code - Notes

Search Notes on 49 U.S.C. § 40105 : US Code - Notes

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1102.)
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
40105(a) 49 App.:1462. Aug. 23, 1958, Pub. L.
85-726, Sec. 802, 72 Stat.
783.
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(B). 85-726, 72 Stat. 731, Sec.
1601(b)(1)(B); added Oct.
24, 1978, Pub. L. 95-504,
Sec. 40(a), 92 Stat. 1745.
49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.
89-670, Sec. 6(c)(1), 80
Stat. 938; Jan. 12, 1983,
Pub. L. 97-449, Sec. 7(b),
96 Stat 2444.
40105(b) 49 App.:1502(a). Aug. 23, 1958, Pub. L.
85-726, Sec. 1102(a), 72
Stat. 797; Feb. 15, 1980,
Pub. L. 96-192, Sec. 17, 94
Stat. 42.
49 Aug. 23, 1958, Pub. L.
App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.
1601(b) (1)(E); added Oct.
4, 1984, Pub. L. 98-443,
Sec. 3(e), 98 Stat. 1704.
49 App.:1655(c)(1).
40105(c) 49 App.:1502(c). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
1102(c), (d); added Feb. 15,
1980, Pub. L. 96-192, Sec.
17, 94 Stat. 43.
49
App.:1551(b)(1)(E).
40105(d) 49 App.:1502(d).
--------------------------------------------------------------------
In subsection (a), the words "government of a foreign country"
are substituted for "foreign governments" in 49 App.:1462 and
"foreign country" in 49 App.:1502(a) for consistency in the revised
title and with other titles of the United States Code. The words
"Secretary of Transportation" are substituted for "Department of
Transportation" in 49 App.:1551(b)(1)(B) because of 49:102(b). The
words "Secretary of State" are substituted for "Department of
State" because of 22:2651.
In subsection (b)(1), before clause (A), the words "carrying out"
are substituted for "exercising and performing . . . powers and
duties" for consistency in the revised title and with other titles
of the Code. In clause (A), the words "an international agreement"
are substituted for "any treaty, convention, or agreement that may
be in force between the United States and any foreign country or
foreign countries" for consistency and to eliminate unnecessary
words. In clause (C), the word "public" is added for consistency in
this part.
In subsection (b)(2), the words "obligation, duty, or liability
arising out of a contract or other" and "heretofore or hereafter"
are omitted as surplus. The words "government of a foreign country"
are substituted for "foreign country" for consistency in the
revised title and with other titles of the Code. The last sentence
is inserted to inform the reader that section 40106(b)(2) of the
revised title qualifies this subsection.
In subsection (c), before clause (1), the words "To assist" are
omitted as surplus. The words "carrying out" are substituted for
"developing and implementing" for consistency in the revised title
and with other titles of the Code. The word "both" is omitted as
surplus. In clause (8), the word "authorities" is substituted for
"agencies" for consistency in the revised title and with other
titles of the Code.
RECIPROCAL AIRWORTHINESS CERTIFICATION
Pub. L. 108-176, title VIII, Sec. 812, Dec. 12, 2003, 117 Stat.
2590, provided that:
"(a) In General. - As part of their bilateral negotiations with
foreign nations and their civil aviation counterparts, the
Secretary of State and the Administrator of the Federal Aviation
Administration shall facilitate the reciprocal airworthiness
certification of aviation products.
"(b) Reciprocal Airworthiness Defined. - In this section, the
term 'reciprocal airworthiness certification of aviation products'
means that the regulatory authorities of each nation perform a
similar review in certifying or validating the certification of
aircraft and aircraft components of other nations."
REPORT ON CERTAIN BILATERAL NEGOTIATIONS
Pub. L. 103-305, title V, Sec. 519, Aug. 23, 1994, 108 Stat.
1600, provided that: "The Secretary shall report every other month
to the Committee on Public Works and Transportation [now Committee
on Transportation and Infrastructure] of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of all active aviation
bilateral and multilateral negotiations and informal government-to-
government consultations with United States aviation trade
partners."
WARSAW CONVENTION
49 STAT. 3000; TS 876
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO
INTERNATIONAL TRANSPORTATION BY AIR
The President of the German Reich, the Federal President of the
Republic of Austria, His Majesty the King of the Belgians, the
President of the United States of Brazil, His Majesty the King of
the Bulgarians, the President of the Nationalist Government of
China, His Majesty the King of Denmark and Iceland, His Majesty the
King of Egypt, His Majesty the King of Spain, the Chief of State of
the Republic of Estonia, the President of the Republic of Finland,
the President of the French Republic, His Majesty the King of Great
Britain, Ireland, and the British Dominions Beyond the Seas,
Emperor of India, the President of the Hellenic Republic, His Most
Serene Highness the Regent of the Kingdom of Hungary, His Majesty
the King of Italy, His Majesty the Emperor of Japan, the President
of the Republic of Latvia, Her Royal Highness the Grand Duchess of
Luxemburg, the President of the United Mexican States, His Majesty
the King of Norway, Her Majesty the Queen of the Netherlands, the
President of the Republic of Poland, His Majesty the King of
Rumania, His Majesty the King of Sweden, the Swiss Federal Council,
the President of the Czechoslovak Republic, the Central Executive
Committee of the Union of Soviet Socialist Republics, the President
of the United States of Venezuela, His Majesty the King of
Yugoslavia:
Having recognized the advantage of regulating in a uniform manner
the conditions of international transportation by air in respect of
the documents used for such transportation and of the liability of
the carrier,
Have nominated to this end their respective Plenipotentiaries,
who being thereto duly authorized, have concluded and signed the
following convention:
CHAPTER I - SCOPE - DEFINITIONS
ARTICLE 1
(1) This convention shall apply to all international
transportation of persons, baggage, or goods performed by aircraft
for hire. It shall apply equally to gratuitous transportation by
aircraft performed by an air transportation enterprise.
(2) For the purpose of this convention the expression
"international transportation" shall mean any transportation in
which, according to the contract made by the parties, the place of
departure and the place of destination, whether or not there be a
break in the transportation or a transshipment, 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 a territory subject to the
sovereignty, suzerainty, mandate or authority of another power,
even though that power is not a party to this convention.
Transportation without such an agreed stopping place between
territories subject to the sovereignty, suzerainty, mandate, or
authority of the same High Contracting Party shall not be deemed to
be international for the purposes of this convention.
(3) Transportation to be performed by several successive air
carriers shall be deemed, for the purposes of this convention, to
be one undivided transportation, if it has been regarded by the
parties as a single operation, whether it has been agreed upon
under the form of a single contract or of a series of contracts,
and it shall not lose its international character merely because
one contract or series of contracts is to be performed entirely
within a territory subject to the sovereignty, suzerainty, mandate,
or authority of the same High Contracting Party.
ARTICLE 2
(1) This convention shall apply to transportation performed by
the state or by legal entities constituted under public law
provided it falls within the conditions laid down in article 1.
(2) This convention shall not apply to transportation performed
under the terms of any international postal convention.
CHAPTER II - TRANSPORTATION DOCUMENTS
SECTION I - PASSENGER TICKET
ARTICLE 3
(1) For the transportation of passengers the carrier must deliver
a passenger ticket which shall contain the following particulars:
(a) The place and date of issue;
(b) The place of departure and of destination;
(c) The agreed stopping places, provided that the carrier may
reserve the right to alter the stopping places in case of
necessity, and that if he exercises that right, the alteration
shall not have the effect of depriving the transportation of its
international character;
(d) The name and address of the carrier or carriers;
(e) A statement that the transportation is subject to the rules
relating to liability established by this convention.
(2) The absence, irregularity, or loss of the passenger ticket
shall not affect the existence or the validity of the contract of
transportation, which shall none the less be subject to the rules
of this convention. Nevertheless, if the carrier accepts a
passenger without a passenger ticket having been delivered he shall
not be entitled to avail himself of those provisions of this
convention which exclude or limit his liability.
SECTION II - BAGGAGE CHECK
ARTICLE 4
(1) For the transportation of baggage, other than small personal
objects of which the passenger takes charge himself, the carrier
must deliver a baggage check.
(2) The baggage check shall be made out in duplicate, one part
for the passenger and the other part for the carrier.
(3) The baggage check shall contain the following particulars:
(a) The place and date of issue;
(b) The place of departure and of destination;
(c) The name and address of the carrier or carriers;
(d) The number of the passenger ticket;
(e) A statement that delivery of the baggage will be made to the
bearer of the baggage check;
(f) The number and weight of the packages;
(g) The amount of the value declared in accordance with article
22(2);
(h) A statement that the transportation is subject to the rules
relating to liability established by this convention.
(4) The absence, irregularity, or loss of the baggage check shall
not affect the existence or the validity of the contract of
transportation which shall none the less be subject to the rules of
this convention. Nevertheless, if the carrier accepts baggage
without a baggage check having been delivered, or if the baggage
check does not contain the particulars set out at (d), (f), and (h)
above, the carrier shall not be entitled to avail himself of those
provisions of the convention which exclude or limit his liability.
SECTION III - AIR WAYBILL
ARTICLE 5
(1) Every carrier of goods has the right to require the consignor
to make out and hand over to him a document called an "air
waybill": every consignor has the right to require the carrier to
accept this document.
(2) The absence, irregularity, or loss of this document shall not
affect the existence or the validity of the contract of
transportation which shall, subject to the provisions of article 9,
be none the less governed by the rules of this convention.
ARTICLE 6
(1) The air waybill shall be made out by the consignor in three
original parts and be handed over with the goods.
(2) The first part shall be marked "for the carrier", and shall
be signed by the consignor. The second part shall be marked "for
the consignee"; it shall be signed by the consignor and by the
carrier and shall accompany the goods. The third part shall be
signed by the carrier and handed by him to the consignor after the
goods have been accepted.
(3) The carrier shall sign on acceptance of the goods.
(4) The signature of the carrier may be stamped; that of the
consignor may be printed or stamped.
(5) If, at the request of the consignor, the carrier makes out
the air waybill, he shall be deemed, subject to proof to the
contrary, to have done so on behalf of the consignor.
ARTICLE 7
The carrier of goods has the right to require the consignor to
make out separate waybills when there is more than package.
ARTICLE 8
The air waybill shall contain the following particulars:
(a) The place and date of its execution;
(b) The place of departure and of destination;
(c) The agreed stopping places, provided that the carrier may
reserve the right to alter the stopping places in case of
necessity, and that if he exercises that right the alteration shall
not have the effect of depriving the transportation of its
international character;
(d) The name and address of the consignor;
(e) The name and address of the first carrier;
(f) The name and address of the consignee, if the case so
requires;
(g) The nature of the goods;
(h) The number of packages, the method of packing, and the
particular marks or numbers upon them;
(i) The weight, the quantity, the volume, or dimensions of the
goods;
(j) The apparent condition of the goods and of the packing;
(k) The freight, if it has been agreed upon, the date and place
of payment, and the person who is to pay it;
(l) If the goods are sent for payment on delivery, the price of
the goods, and, if the case so requires, the amount of the expenses
incurred;
(m) The amount of the value declared in accordance with article
22(2);
(n) The number of parts of the air waybill;
(o) The documents handed to the carrier to accompany the air
waybill;
(p) The time fixed for the completion of the transportation and a
brief note of the route to be followed, of these matters have been
agreed upon;
(q) A statement that the transportation is subject to the rules
relating to liability established by this convention.
ARTICLE 9
If the carrier accepts goods without an air waybill having been
made out, or if the air waybill does not contain all the
particulars set out in article 8(a) to (i), inclusive, and (q), the
carrier shall not be entitled to avail himself of the provisions of
this convention which exclude or limit his liability.
ARTICLE 10
(1) The consignor shall be responsible for the correctness of the
particulars and statements relating to the goods which he inserts
in the air waybill.
(2) The consignor shall be liable for all damages suffered by the
carrier or any other person by reason of the irregularity,
incorrectness or incompleteness of the said particulars and
statements.
ARTICLE 11
(1) The air waybill shall be prima facie evidence of the
conclusion of the contract, of the receipt of the goods and of the
conditions of transportation.
(2) The statements in the air waybill relating to the weight,
dimensions, and packing of the goods, as well as those relating to
the number of packages, shall be prima facie evidence of the facts
stated; those relating to the quantity, volume, and condition of
the goods shall not constitute evidence against the carrier except
so far as they both have been, and are stated in the air waybill to
have been, checked by him in the presence of the consignor, or
relate to the apparent condition of the goods.
ARTICLE 12
(1) Subject to his liability to carry out all his obligations
under the contract of transportation, the consignor shall have the
right to dispose of the goods by withdrawing them at the airport of
departure or destination, or by stopping them in the course of the
journey on any landing, or by calling for them to be delivered at
the place of destination, or in the course of the journey to a
person other than the consignee named in the air waybill, or by
requiring them to be returned to the airport of departure. He must
not exercise this right of disposition in such a way as to
prejudice the carrier or other consignors, and he must repay any
expenses occasioned by the exercise of this right.
(2) If it is impossible to carry out the orders of the consignor
the carrier must so inform him forthwith.
(3) If the carrier obeys the orders of the consignor for the
disposition of the goods without requiring the production of the
part of the air waybill delivered to the latter, he will be liable,
without prejudice to his right of recovery from the consignor, for
any damage which may be caused thereby to any person who is
lawfully in possession of that part of the air waybill.
(4) The right conferred on the consignor shall cease at the
moment when that of the consignee begins in accordance with article
13, below. Nevertheless, if the consignee declines to accept the
waybill or the goods, or if he cannot be communicated with, the
consignor shall resume his right of disposition.
ARTICLE 13
(1) Except in the circumstances set out in the preceding article,
the consignee shall be entitled, on arrival of the goods at the
place of destination, to require the carrier to hand over to him
the air waybill and to deliver the goods to him, on payment of the
charges due and on complying with the conditions of transportation
set out in the air waybill.
(2) Unless it is otherwise agreed, it shall be the duty of the
carrier to give notice to the consignee as soon as the goods
arrive.
(3) If the carrier admits the loss of the goods, or if the goods
have not arrived at the expiration of seven days after the date on
which they ought to have arrived, the consignee shall be entitled
to put into force against the carrier the rights which flow from
the contract of transportation.
ARTICLE 14
The consignor and the consignee can respectively enforce all the
rights given them by articles 12 and 13, each in his own name,
whether he is acting in his own interest or in the interest of
another, provided that he carries out the obligations imposed by
the contract.
ARTICLE 15
(1) Articles 12, 13, and 14 shall not affect either the relations
of the consignor and the consignee with each other or the relations
of third parties whose rights are derived either from the consignor
or from the consignee.
(2) The provisions of articles 12, 13, and 14 can only be varied
by express provision in the air waybill.
ARTICLE 16
(1) The consignor must furnish such information and attach to the
air waybill such documents as are necessary to meet the formalities
of customs, octroi, or police before the goods can be delivered to
the consignee. The consignor shall be liable to the carrier for any
damage occasioned by the absence, insufficiency, or irregularity of
any such information or documents, unless the damage is due to the
fault of the carrier or his agents.
(2) The carrier is under no obligation to enquire into the
correctness or sufficiency of such information or documents.
CHAPTER III - LIABILITY OF THE CARRIER
ARTICLE 17
The carrier shall be liable for damage sustained in the event of
the death or wounding of a passenger or any other bodily injury
suffered by a passenger, if the accident which caused the damage so
sustained took place on board the aircraft or in the course of any
of the operations of embarking or disembarking.
ARTICLE 18
(1) The carrier shall be liable for damage sustained in the event
of the destruction or loss of, or of damage to, any checked baggage
or any goods, if the occurrence which caused the damage so
sustained took place during the transportation by air.
(2) The transportation by air within the meaning of the preceding
paragraph shall comprise the period during which the baggage or
goods are in charge of the carrier, whether in an airport or on
board an aircraft, or in the case of a landing outside an airport,
in any place whatsoever.
(3) The period of the transportation by air shall not extend to
any transportation by land, by sea, or by river performed outside
an airport. If, however, such transportation takes place in the
performance of a contract for transportation by air, for the
purpose of loading, delivery or transshipment, any damage is
presumed, subject to proof to the contrary, to have been the result
of an event which took place during the transportation by air.
ARTICLE 19
The carrier shall be liable for damage occasioned by delay in the
transportation by air of passengers, baggage, or goods.
ARTICLE 20
(1) The carrier shall not be liable if he proves that he and his
agents have taken all necessary measures to avoid the damage or
that it was impossible for him or them to take such measures.
(2) In the transportation of goods and baggage the carrier shall
not be liable if he proves that the damage was occasioned by an
error in piloting, in the handling of the aircraft, or in
navigation and that, in all other respects, he and his agents have
taken all necessary measures to avoid the damage.
ARTICLE 21
If the carrier proves that the damage was caused by or
contributed to by the negligence of the injured person the court
may, in accordance with the provisions of its own law, exonerate
the carrier wholly or partly from his liability.
ARTICLE 22
(1) In the transportation of passengers the liability of the
carrier for each passenger shall be limited to the sum of 125,000
francs. Where, in accordance with the law of the court to which the
case is submitted, damages may be awarded in the form of periodical
payments, the equivalent capital value of the said payments shall
not exceed 125,000 francs. Nevertheless, by special contract, the
carrier and the passenger may agree to a higher limit of liability.
(2) In the transportation of checked baggage and of goods, the
liability of the carrier shall be limited to a sum of 250 francs
per kilogram, unless the consignor has made, at the time when the
package was handed over to the carrier, a special declaration of
the value at delivery 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 actual value to the consignor at delivery.
(3) As regards objects of which the passenger takes charge
himself the liability of the carrier shall be limited to 5,000
francs per passenger.
(4) The sums mentioned above shall be deemed to refer to the
French franc consisting of 65 1/2 milligrams of gold at the
standard of fineness of nine hundred thousandths. These sums may be
converted into any national currency in round figures.
ARTICLE 23
Any provision tending to relieve the carrier of liability or to
fix a lower limit than that which is laid down in this convention
shall be null and void, but the nullity of any such provision shall
not involve the nullity of the whole contract, which shall remain
subject to the provisions of this convention.
ARTICLE 24
(1) In the cases covered by articles 18 and 19 any action for
damages, however founded, can only be brought subject to the
conditions and limits set out in this convention.
(2) In the cases covered by article 17 the provisions of the
preceding paragraph shall also apply, without prejudice to the
questions as to who are the persons who have the right to bring
suit and what are their respective rights.
ARTICLE 25
(1) The carrier shall not be entitled to avail himself of the
provisions of this convention which exclude or limit his liability,
if the damage is caused by his willful misconduct or by such
default on his part as, in accordance with the law of the court to
which the case is submitted, is considered to be equivalent to
wilful misconduct.
(2) Similarly the carrier shall not be entitled to avail himself
of the said provisions, if the damage is caused under the same
circumstances by any agent of the carrier acting within the scope
of his employment.
ARTICLE 26
(1) Receipt by the person entitled to the delivery of baggage or
goods without complaint shall be prima facie evidence that the same
have been delivered in good condition and in accordance with the
document of transportation.
(2) In 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 3 days from the date of receipt
in the case of baggage and 7 days from the date of receipt in the
case of goods. In case of delay the complaint must be made at the
latest within 14 days from the date on which the baggage or goods
have been placed at his disposal.
(3) Every complaint must be made in writing upon the document of
transportation or by separate notice in writing dispatched within
the times aforesaid.
(4) Failing complaint within the times aforesaid, no action shall
lie against the carrier, save in the case of fraud on his part.
ARTICLE 27
In the case of the death of the person liable, an action for
damages lies in accordance with the terms of this convention
against those legally representing his estate.
ARTICLE 28
(1) An action for damages must be brought, at the option of the
plaintiff, in the territory of one of the High Contracting Parties,
either before the court of the domicile of the carrier or of his
principal place of business, or where he has a place of business
through which the contract has been made, or before the court at
the place of destination.
(2) Questions of procedure shall be governed by the law of the
court to which the case in submitted.
ARTICLE 29
(1) The right to damages shall be extinguished if an action is
not brought within 2 years, reckoned from the date of arrival at
the destination, or from the date on which the aircraft ought to
have arrived, or from the date on which the transportation stopped.
(2) The method of calculating the period of limitation shall be
determined by the law of the court to which the case is submitted.
ARTICLE 30
(1) In the case of transportation to be performed by various
successive carriers and falling within the definition set out in
the third paragraph of article 1, each carrier who accepts
passengers, baggage or goods shall be subject to the rules set out
in this convention, and shall be deemed to be one of the
contracting parties to the contract of transportation insofar as
the contract deals with that part of the transportation which is
performed under his supervision.
(2) In the case of transportation of this nature, the passenger
or his representative can take action only against the carrier who
performed the transportation during which the accident or the delay
occurred, save in the case where, by express agreement, the first
carrier has assumed liability for the whole journey.
(3) As regards baggage or goods, the passenger or consignor shall
have a right of action against the first carrier, and the passenger
or consignee who is entitled to delivery shall have a right of
action against the last carrier, and further, each may take action
against the carrier who performed the transportation during which
the destruction, loss, damage, or delay took place. These carriers
shall be jointly and severally liable to the passenger or to the
consignor or consignee.
CHAPTER IV - PROVISIONS RELATING TO COMBINED TRANSPORTATION
ARTICLE 31
(1) In the case of combined transportation performed partly by
air and partly by any other mode of transportation, the provisions
of this convention shall apply only to the transportation by air,
provided that the transportation by air falls within the terms of
article 1.
(2) Nothing in this convention shall prevent the parties in the
case of combined transportation from inserting in the document of
air transportation conditions relating to other modes of
transportation, provided that the provisions of this convention are
observed as regards the transportation by air.
CHAPTER V - GENERAL AND FINAL PROVISIONS
ARTICLE 32
Any clause contained in the contract and all special agreements
entered into before the damage occurred by which the parties
purport to infringe the rules laid down by this convention, whether
by deciding the law to be applied, or by altering the rules as to
jurisdiction, shall be null and void. Nevertheless for the
transportation of goods arbitration clauses shall be allowed,
subject to this convention, if the arbitration is to take place
within one of the jurisdictions referred to in the first paragraph
of article 28.
ARTICLE 33
Nothing contained in this convention shall prevent the carrier
either from refusing to enter into any contract of transportation
or from making regulations which do not conflict with the
provisions of this convention.
ARTICLE 34
This convention shall not apply to international transportation
by air performed by way of experimental trial by air navigation
enterprises with the view to the establishment of regular lines of
air navigation, nor shall it apply to transportation performed in
extraordinary circumstances outside the normal scope of an air
carrier's business.
ARTICLE 35
The expression "days" when used in this convention means current
days, not working days.
ARTICLE 36
This convention is drawn up in French in a single copy which
shall remain deposited in the archives of the Ministry for Foreign
Affairs of Poland and of which one duly certified copy shall be
sent by the Polish Government to the Government of each of the High
Contracting Parties.
ARTICLE 37
(1) This convention shall be ratified. The instruments of
ratification shall be deposited in the archives of the Ministry for
Foreign Affairs of Poland, which shall give notice of the deposit
to the Government of each of the High Contracting Parties.
(2) As soon as this convention shall have been ratified by five
of the High Contracting Parties it shall come into force as between
them on the nineteenth day after the deposit of the fifth
ratification. Thereafter it shall come into force between the High
Contracting Parties which shall have ratified and the High
Contracting Party which deposits its instrument of ratification on
the ninetieth day after the deposit.
(3) It shall be the duty of the Government of the Republic of
Poland to notify the Government of each of the High Contracting
Parties of the date on which this convention comes into force as
well as the date of the deposit of each ratification.
ARTICLE 38
(1) This convention shall, after it has come into force, remain
open for adherence by any state.
(2) The adherence shall be effected by a notification addressed
to the Government of the Republic of Poland, which shall inform the
Government of each of the High Contracting Parties thereof.
(3) The adherence shall take effect as from the ninetieth day
after the notification made to the Government of the Republic of
Poland.
ARTICLE 39
(1) Any one of the High Contracting Parties may denounce this
convention by a notification addressed to the Government of the
Republic of Poland, which shall at once inform the Government of
each of the High Contracting Parties.
(2) Denunciation shall take effect six months after the
notification of denunciation, and shall operate only as regards the
party which shall have proceeded to denunciation.
ARTICLE 40
(1) Any High Contracting Party may, at the time of signature or
of deposit of ratification or of adherence, declare that the
acceptance which it gives to this convention does not apply to all
or any of its colonies, protectorates, territories under mandate,
or any other territory subject to its sovereignty or its authority,
or any other territory under its suzerainty.
(2) Accordingly any High Contracting Party may subsequently
adhere separately in the name of all or any of its colonies,
protectorates, territories under mandate, or any other territory
subject to its sovereignty or to its authority or any other
territory under its suzerainty which have been thus excluded by its
original declaration.
(3) Any High Contracting Party may denounce this convention, in
accordance with its provisions, separately or for all or any of its
colonies, protectorates, territories under mandate, or any other
territory subject to its sovereignty or to its authority, or any
other territory under its suzerainty.
ARTICLE 41
Any High Contracting Party shall be entitled not earlier than two
years after the coming into force of this convention to call for
the assembling of a new international conference in order to
consider any improvements which may be made in this convention. To
this end it will communicate with the Government of the French
Republic which will take the necessary measures to make
preparations for such conference.
This convention, done at Warsaw on October 12, 1929, shall remain
open for signature until January 31, 1930.
ORDER OF CIVIL AERONAUTICS BOARD APPROVING INCREASES IN LIABILITY
LIMITATIONS OF WARSAW CONVENTION AND HAGUE PROTOCOL
Adopted by the Civil Aeronautics Board at its office in
Washington, D.C., on the 13th day of May 1966.
The Convention for the Unification of Certain Rules Relating to
International Transportation by Air, generally known as the Warsaw
Convention, creates a uniform body of law with respect to the
rights and responsibilities of passengers, shippers, and air
carriers in international air transportation. The United States
became a party to the Convention in 1934, and eventually over 90
countries likewise became parties to the Convention.(!1) On
November 15, 1965, the U.S. Government gave notice of denunciation
of the Convention, emphasizing that such action was solely because
of the Convention's low limits of liability for personal injury or
death to passengers. Pursuant to Article 39 of the Convention this
notice would become effective upon 6 months' notice, in this case,
May 15, 1966. Subsequently, the International Air Transport
Association (IATA) made efforts to effect an arrangement among air
carriers, foreign air carriers, and other carriers (including
carriers not members of IATA) providing the major portions of
international air carriage to and from the United States to
increase the limitations of liability now applicable to claims for
personal injury and death under the Convention and the Protocol.
The purpose of such action is to provide a basis upon which the
United States could withdrawn its notice of denunciation.
The arrangement proposed has been embodied in an agreement
(Agreement CAB 18900) between various air carriers, foreign air
carriers, and other carriers which has been filed with the Board
pursuant to section 412(a) of the Federal Aviation Act of 1958 and
Part 261 of the Board's economic regulations and assigned the
abovedesignated CAB number.
By this agreement, the parties thereto bind themselves to include
in their tariffs, effective May 16, 1966, a special contract in
accordance with Article 22(1) of the Convention or the Protocol
providing for a limit of liability for each passenger for death,
wounding, or other bodily injury of $75,000 inclusive of legal
fees, and, in case of a claim brought in a State where provision is
made for separate award of legal fees and costs, a limit of $58,000
exclusive of legal fees and costs. These limitations shall be
applicable to international transportation by the carrier as
defined in the Convention or Protocol which includes a point in the
United States as a point of origin, point of destination, or agreed
stopping place. The parties further agree to provide in their
tariffs that the Carrier shall not, with respect to any claim
arising out of the death, wounding, or other bodily injury of a
passenger, avail itself of any defense under Article 20(1) of the
Convention or the Convention as amended by the Protocol. The tariff
provisions would stipulate, however, that nothing therein shall be
deemed to affect the rights and liabilities of the Carrier with
regard to any claim brought by, on behalf of, or in respect of any
person who has willfully caused damage which results in death,
wounding, or other bodily injury of a passenger.
The carriers by the agreement further stipulate that they will,
at time of delivery of the tickets, furnish to each passenger
governed by the Convention or the Protocol and by the special
contract described above, a notice in 10 point type advising
international passengers of the limitations of liability
established by the Convention or the Protocol, or the higher
liability agreed to by the special contracts pursuant to the
Convention or Protocol as described above. The agreement is to
become effective upon arrival by this Board, and any carrier may
become a party to it by signing a counterpart thereof and
depositing it with the Board. Withdrawal from the agreement may be
effected by giving 12 months' written notice to the Board and the
other Carrier parties thereto.
As indicated, the decision of the U.S. Government to serve notice
to denounce the Convention was predicated upon the low liability
limits therein for personal injury and death. The Government
announced, however, that it would be prepared to withdraw the
Notice of Denunciation if, prior to its effective date, there is a
reasonable prospect for international agreement on limits of
liability for international transportation in the area of $100,000
per passenger or on uniform rules without any limit of liability,
and if pending such international agreement there is a provisional
arrangement among the principal international air carriers
providing for liability up to $75,000 per passenger.
Steps, have been taken by the signing carriers to have tariffs
become effective May 16, 1966, upon approval of this agreement,
which will increase by special contract their liability for
personal injury or death as described herein. The signatory
carriers provide by far the greater portion of international
transportation to, from, and within the United States. The
agreement will result in a salutory [sic] increase in the
protection given to passengers from the increased liability amounts
and the waiver of defenses under Article 20(1) of the Convention or
Protocol. The U.S. Government has concluded that such arrangements
warrant withdrawal of the Notice of Denunciation of the Warsaw
Convention. Implementation of the agreement will permit continued
adherence to the Convention with the benefits to be derived
therefrom, but without the imposition of the low liability limits
therein contained upon most international travel involving travel
to or from the United States. The stipulation that no tariff
provision shall be deemed to affect the rights and liabilities of
the carrier with regard to any claim brought by, on behalf of, or
in respect of any person who has willfully caused damage which
results in death, wounding or other bodily injury of a passenger
operates to diminish any incentive for sabotage.
Upon consideration of the agreement, and of matters relating
thereto of which the Board takes notice, the Board does not find
that the agreement is adverse to the public interest or in
violation of the Act and it will be approved.
Accordingly, pursuant to the provisions of the Federal Aviation
Act of 1958, and particularly sections 102, 204(a), and 412
thereof:
It is ordered, That: 1. Agreement CAB 18900 is approved.
(!1) The Convention was amended by the Protocol signed at Hague in
1955 which has never been ratified by the United States. The
Convention (subject to certain provisions) limits carriers'
liability for death or injury to passengers in international
transportation to 125,000 gold francs, or approximately
$8,300. The Protocol, subject to certain provisions, provides
for liability limitations of approximately $16,600.