S.I. No. 264/1964:

AIR NAVIGATION AND TRANSPORT ACT, 1936 (NON-INTERNATIONAL CARRIAGE) ORDER, 1964

AIR NAVIGATION AND TRANSPORT ACT, 1936 (NON-INTERNATIONAL CARRIAGE) ORDER, 1964

The Government, in exercise of the powers conferred on them by section 5 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), and by section 20 of that Act as amended by section 8 of the Air Navigation and Transport Act, 1959 (No. 1 of 1959), hereby order as follows :

1. This Order may be cited as the Air Navigation and Transport Act, 1936 (Non-International Carriage) Order, 1964.

2. This Order shall come into operation on the 1st day of February, 1965.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. In this Order " the Act " means the Air Navigation and Transport Act, 1936 (No. 40 of 1936).

5. The First Schedule to the Act (which sets out the provisions of the Warsaw Convention), as amended by Section 5 of the Air Navigation and Transport Act, 1959 (No. 1 of 1959), and by the Schedule to that Act (which said Schedule sets out the provisions of the 1955 Protocol to the Warsaw Convention), shall apply to all carriage by air not being international carriage by air as defined in that Schedule, subject to the following modifications rendered necessary by the fact that the said Convention and the said Protocol in their terms refer to international carriage only--

(a) references in the said Convention to the Court shall be read as references to a Court of competent jurisdiction ;

(b) references in the said Convention to the law of the Court shall be read as references to the law of the State ;

(c) the reference in paragraph (1) of Article 1 of the said Convention to international carriage shall be read as reference to carriage to which the said First Schedule is hereby applied ;

(d) in paragraph (3) of Article 1 of the said Convention the words from " and it does not lose its international character " to the end of the paragraph shall be omitted ;

(e) in subparagraph (c) of paragraph (1) of Article 3, sub-paragraph (c) of paragraph (1) of Article 4 and paragraph (c) of Article 8 of the said Convention, " if the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, shall be omitted ;

(f) subparagraph (b) of paragraph (1) of Article 3, subparagraph (b) of paragraph (1) of Article 4 and paragraph (b) of Article 8 of the said Convention shall be omitted ;

(g) for the purposes of Article 22 (inserted by Article XI of the said Protocol) of the said Convention, any sum in francs 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 a court of competent jurisdiction ;

(h) in Article 32 of the said Convention, " if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28 " shall be omitted ;

(i) paragraph 2 of Article 1, Article 28 and Articles 36 to 41 of the said Convention shall be omitted ;

(j) in Article XVIII of the said Protocol the reference to international carriage shall be read as reference to carriage to which the said First Schedule to the Act is hereby applied ;

(k) in Article XIX of the said Protocol " As between the Parties to this Protocol ", shall be omitted ;

(l) Articles XX to XXVII of the said Protocol shall be omitted.

6. Subsections (4) and (5) of section 17, and section 18 (inserted by section 55 of the Civil Liability Act, 1961 (No. 41 of 1961) ), of the Act shall apply to all carriage by air to which the said First Schedule to the Act is hereby applied.

7. The Air Navigation and Transport Act, 1936 (Non-International Carriage) Order, 1956 ( S.I. No. 110 of 1956 ), is hereby revoked.

GIVEN under the Official Seal of the Government, this 24th day of November, 1964.

SEÁN F. LEMASS,

Taoiseach.

EXPLANATORY NOTE

The Warsaw Convention of 1929 as amended by the Hague Protocol of 1955 is applied by this Order to non-international carriage by air in the State. The Order also revokes the 1956 Non-International Carriage Order, which applied the unamended Warsaw Convention to domestic carriage by air in the State.

The Warsaw Convention deals with the liability of an air carrier in the event of the death or injury of a passenger or the damage of goods during carriage by air. The Hague Protocol amended the Convention in certain respects, including a doubling to £6,000 per passenger of the limit on an air carrier's liability.