The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005
| Year | 2005 |
2005 No. 975
CIVIL AVIATION
The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005
Made 29th March 2005
Laid before Parliament 1st April 2005
Coming into force 23th April 2005
The Secretary of State for Transport, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to measures relating to air transport2, 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 Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 and shall come into force on 23rd April 2005.
Interpretation
2. In these Regulations—
a reference to an Article is a reference to that Article in Council Regulation (EC) No. 261/2004of 11th February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights3; and
“operating air carrier” means an air transport undertaking with a valid operating licence that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with the passenger.
Offences
3.—(1) An operating air carrier who fails to comply with an obligation imposed on it by Article 4 to 6, 10, 11 or 14 shall be guilty of an offence.
(2) A person guilty of an offence under this regulation shall be liable on summary conviction, to a fine not exceeding level 5 on the standard scale.
Due diligence defence
4.—(1) Subject to the following provisions of this regulation, in proceedings against any operating air carrier for an offence under regulation 3 of these Regulations, it shall be a defence for that operating air carrier to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) An operating air carrier shall not be entitled to rely on the defence provided by paragraph (1) by reason of its reliance on information supplied by another, unless it shows that it was reasonable in all the circumstances for it to have relied on the information, having regard in particular—
(a)
(a) to the steps which it took, and those that might reasonably have been taken, for the purpose of verifying the information; and
(b)
(b) to whether it had any reason to...
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