RE: Chicago Convention 1944 (Part-3)

have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior per­mission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.

Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable.

Article 6 Scheduled air services

No scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorisation of that State, and in accordance with the terms of such permission or authorisation.

Article 7 Cabotage

Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State.

Article 8 Pilotless aircraft

No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a contracting State without special authorisation by that State and in accordance with the terms of such authorisation. Each contracting State undertakes to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft.

Article 9 Prohibited areas

(a) Each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly the aircraft of other States from flying over certain areas of its territory, provided that no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other con­tracting States likewise engaged. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation.

Descriptions of such prohibited areas in the territory of a contracting State, as well as any subsequent alterations therein, shall be communicated as soon as possible* to die odier contracting States and to die International Civil Aviation Organisation.

(&) Each contracting State reserves also die right, in exceptional circum­stances or during a period of emergency, or in the interest of public safety, and widi immediate effect, temporarily to restrict or prohibit flying over die whole or any part of its territory, on condition dial such restriction or pro­hibition shall be applicable without distinction of nationality to aircraft of all odier States.

(c) Each contracting State, under such regulations as it may prescribe, may require any aircraft entering die areas contemplated in sub-paragraphs (a) or (&) above to effect a landing as soon as practicable diereafter at some desig­nated airport within its territory.

Article 10 Landing at customs airport

Except in a case where, under die terms of this Convention or a special authorisation, aircraft are permitted to cross 'die territory of a contracting State widiout landing, every aircraft which enters die territory of a con­tracting State shall, if die regulations of that State so require, land at an airport designated by that State for the purpose of customs and odier examination. On departure from die territory of a contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by dte State and trans­mitted to the International Civil Aviation Organisation established under Part II of this Convention for communication to all odier contracting States.

Article 11 Applicability of air regulations

Subject to die provisions of this Convention, die laws and regulations of a contracting State relating to die admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to die aircraft of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while widiin die territory of diat State.

Article 12 Rules of the air

Each contracting State undertakes to adopt measures to insure that every aircraft flying over or manoeuvring widiin its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with, die rules and regulations relating to die flight and manoeuvre of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to die greatest possible extent, with those established from time to time under diis Convention. Over die high seas, the rules in force shall be diose established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating die regulations applicable.

 

Article 13 Entry and clearance regulations

The.Jaws and regulations of a contracting State as to the admission to or departure from its territory of passengers, crew, or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of diat State.

Article 14 Prevention of spread of disease

Each contracting State agrees to take effective measures to prevent the spread by means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague, and such other communicable diseases as the contracting States shall from time to time decide to designate, and to that end contracting States will keep in close consultation with the agencies concerned with inter­national regulations relating to sanitary measures applicable to aircraft. Such consultation shall be widiout prejudice to the application of any existing international convention on this subject to which the contracting States may be parties.

Article 15 Airport and similar charges

Every airport in a contracting State which is open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to die use, by aircraft of every contracting State, of all air navigation facilities, including radio and meteoro­logical services, which may be provided for public use for the safety and expedition of air navigation.

Any charges that may -be imposed or permitted to be imposed by a con­tracting State for the use of such airports and air navigation facilities by the aircraft of any other contracting State shall not be higher,

(a)  as to aircraft not engaged in scheduled international air services, than
diose that would be paid by its national aircraft of the same class
engaged in similar operations, and

(b)  as to aircraft engaged in scheduled international air services, dian those
diat would be paid by its national aircraft engaged in similar inter­
national air services.

AD such charges shall be published and communicated to the International Civil Aviation Organisation: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by die Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or odier charges shall be imposed by any contracting State in respect solely of die right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon.

Article 16 Search of aircraft

The appropriate audiorities of each of die contracting States shall have the right, widiout unreasonable delay, to search aircraft of the other contracting.

States on landing or departure,  and to inspect the certificates and other documents prescribed by this Convention.

chapter HI nationality of aircraft

Article 17 Nationality of aircraft

Aircraft have the nationality of the State in which they are registered.

Article 18 Dual registration

An aircraft cannot be validly registered in more than one State, but its registration may be changed from one State to another.

Article 19 National laws governing registration

The registration or transfer of registration of aircraft in any contracting State shall be made in accordance with its laws and regulations.

Article 20 Display of marl(s

Every aircraft engaged in international air navigation shall bear its appro­priate nationality and registration marks.

Article 21 Report of registrations

Each contracting State undertakes to supply to any other contracting State or to the International Civil Aviation Organisation, on demand, information concerning the registration and ownership of any particular aircraft registered in that State. In addition, each contracting State shall furnish reports to the International Civil Aviation Organisation, under such regulations as the latter may prescribe, giving such pertinent data as can be made available concerning die ownership and control of aircraft registered in that State and habitually engaged in international air navigation. The data thus obtained by the International Civil Aviation Organisation shall be made available by it on request to the other contracting States.

chapter IV measures to facilitate air navigation

Article 22 Facilitation of formalities

Each contracting State agrees to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of contracting States, and to prevent unnecessary delays to aircraft, crews, passengers and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance.

 

Article 23 Customs and immigration procedures

Each contracting State undertakes, so far as it may find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time, pursuant to this Convention. Nothing in this Convention shall be construed as preventing the establishment of customs-free airports.

Article 24 Customs duty

(a)      Aircraft on a flight to, from, or across the territory of another con­
tracting State shall be admitted temporarily free of duty, subject to the customs
regulations of the State.    Fuel, lubricating oils, spare parts, regular equip­
ment and aircraft stores on board an aircraft of a contracting State, on
arrival in the territory of another contracting State and retained on board
on leaving the territory of that State shall be exempt from customs duty,
inspection fees or similar national or local duties and charges.   This exemp­
tion shall not apply to any quantities or articles unloaded except in accordance
with the customs regulations of the State, which may require that they shall
be kept under customs supervision.

(b)  Spare parts and equipment imported into the territory of a contracting
State for incorporation in or use on an aircraft of another contracting State
engaged in international air navigation shall be admitted free of customs
duty,  subject to compliance with the regulations of the State concerned,
which may provide that the articles shall be kept under customs supervision
and control.

Article 25 Aircraft in distress

Each contracting State undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or autho­rities of the State in which the aircraft is registered to provide such measures of assistance as may be necessitated by the circumstances. Each contracting State, when undertaking search for missing aircraft, will collaborate in co­ordinated measures which may be recommended from time to time pursuant to this Convention.

Article 26 Investigation of accidents

In the event of an accident to an aircraft of a contracting State occurring in the territory of another contracting State, and involving death or serious injury, or indicating serious technical defect in the aircraft or air navigation facilities, the State in which the accident occurs will institute an inquiry into the circumstances of the accident, in accordance, so far as its laws permit, with the procedure which may be recommended by the International Civil Aviation Organisation. The State in which the aircraft is registered shall be

f

iven the opportunity to appoint observers to be present at the inquiry and the tate holding the inquiry shall communicate the report and findings in the matter to that State.

Article 27 Exemption from seizure on patent claims

(a)     While engaged in international air navigation, any authorised entry pf
aircraft of a contracting State into the territory of another contracting State
or authorised transit across the territory of such State with or without landings
shall not entail any seizure or detention of the aircraft or any claim against
the owner or operator thereof or any other interference therewith by or on
behalf of such State or any person therein, on the ground that the construc­
tion, mechanism, parts, accessories or operation of the aircraft is an infringe­
ment of any patent, design, or model duly granted or registered in the State
whose territory is entered by the aircraft, it being agreed that no deposit of
security in connection ,with die foregoing exemption from seizure or detention
of the aircraft shall in any case be required in the State entered by such
aircraft.

(b) The provisions of paragraph (a) of this Article shall also be applicable
to the storage of spare parts and spare equipment for the aircraft and the
right to use and install the same in the repair of an aircraft of a contracting
State in  the  territory  of any  other contracting State, provided that any
patented part or equipment so stored shall not be sold or distributed internally
in or exported commercially from the contracting State entered by the aircraft.

(c)  The benefits of this Article shall apply only to such States, parties to
this Convention, as either (1) are parties to the International Convention
for the Protection of Industrial Property ⁹ and to any amendments thereof; or
(2) have enacted patent laws which recognise and give adequate protection
to  inventions  made by  the nationals  of the other States parties to this
Convention.

Article 28

Air navigation facilities and standard systems

Each contracting State undertakes, so far as it may find practicable to:

(a)  Provide,  in  its  territory,  airports,  radio  services,  meteorological

services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or established from time to time, pursuant to this Convention;

(b) Adopt and put into operation the appropriate standard systems of
communications procedure, codes, markings, signals, lighting and
other operational practices and rules which may be recommended
or established from time to time, pursuant to this Convention;

(c)  Collaborate in international measures to secure the publication of

aeronautical maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention.

chapter V conditions to be fulfilled with respect to aircraft

Article 29 Documents carried in aircraft

Every aircraft of a contracting State, engaged in international navigation,

• U.K.T.S. No. 55 (1938), Cmd. 5833; Hudson, 6 Int.Leg., p. 870.

 

carry the following documents in conformity with the conditions pre­scribed in this Convention:

(«) Its certificate of registration;

(A) Its certificate of airworthiness;

(c) The appropriate licences for each member of the crew;

(j) Its journey log book;

(e) If it is equipped with radio apparatus, the aircraft radio station licence;

(/) If it carries passengers, a list of their names and places of embarkation

and destination; (g) If it carries cargo, a manifest and detailed declarations of the cargo.

Article 30 Aircraft radio equipment

(m) Aircraft of each contracting State may, in or over the territory of other •••meting States, carry radio transmitting apparatus only if a licence to •stall and operate such apparatus has been issued by the appropriate autho-nnes of the State in which the aircraft is registered. The use of radio trans-•iomg apparatus in the territory of the contracting State whose territory is over shall be in accordance with the regulations prescribed by that

(b) Radio transmitting apparatus may be used only by members of the crew who are provided with a special licence for the purpose, issued by Ac appropriate authorities of the State in which the aircraft is registered.

Article 31 Certificates of airworthiness

Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it b registered.

Article 32 Licences of personnel

(«) The pilot of every aircraft and the other members of the operating crew •f every aircraft engaged in international navigation shall be provided with tnrrivates of competency and licences issued or rendered valid by the State ib which the aircraft is registered.

(b) Each contracting State reserves the right to refuse to recognise, for the of flight above its  own territory, certificates of competency and granted to any of its nationals by another contracting State.

Article 33 Recognition of certificates and licences

Certificates of airworthiness and certificates of competency and licences ned or rendered valid by the contracting State in which the aircraft is registered, shall be recognised as valid by die other contracting States, pro-Tided that the requirements under which such certificates or licences were " or rendered valid are equal to or above the minimum standards which be established from time to time pursuant to this Convention.