The Air Carrier Liability Regulations 2004
| Year | 2004 |
2004 No. 1418
CIVIL AVIATION
The Air Carrier Liability Regulations 2004
Made 24th May 2004
Laid before Parliament 2nd June 2004
Coming into force 28th June 2004
The Secretary of State for Transport, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to matters relating to air transport, in exercise of the powers conferred by that section hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Air Carrier Liability Regulations 2004 and shall come into force on 28th June 2004.
Interpretation
2. In these Regulations “the Council Regulation” means Council Regulation (EC) No. 2027/97as amended by Regulation (EC) No. 889/2002of the European Parliament and of the Council3.
Enforcement of Articles 3a and 6 of the Council Regulation
3.—(1) A Community air carrier that fails to make available the tariff required by Article 3a of the Council Regulation shall be guilty of an offence unless it proves that the failure to do so occurred without its consent or connivance and that it exercised all due diligence to prevent the failure.
(2) An air carrier that fails to comply with the requirements imposed on it by paragraphs 1 or 2 of Article 6 of the Council Regulation shall be guilty of an offence unless it proves that the failure to do so occurred without its consent or connivance and that it exercised all due diligence to prevent the failure.
Penalties
4.—(1) A person guilty of an offence under these Regulations shall be liable—
(a)
(a) on summary conviction, to a fine not exceeding level 5 on the standard scale, and
(b)
(b) on conviction on indictment, to a fine.
(2) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any such person who was purporting to act in such capacity, he, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his...
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