Civil Aviation Act 1968
| Jurisdiction | UK Non-devolved |
| Citation | 1968 c. 61 |
Civil Aviation Act 1968
1968 CHAPTER 61
An Act to amend the law relating to aerodromes, aircraft and civil aviation; to enable the Board of Trade to give financial assistance in respect of certain aerodromes; and to extend the powers of the Parliament of Northern Ireland in relation to aerodromes in Northern Ireland.
[25th October 1968]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Aerodromes
1 Control of road traffic at Board of Trade and local authority aerodromes.
(1) Subject to the provisions of this section, the road traffic enactments shall apply in relation to roads which are within a designated aerodrome but to which the public does not have access as they apply in relation to roads to which the public has access.
(2) The Minister of Transport may by order direct that in their application to roads within such an aerodrome the road traffic enactments shall have effect subject to such exceptions, adaptations or modifications as appear to him necessary or expedient for the purpose or in consequence of conferring—
(a ) on the person owning or managing the aerodrome functions exercisable under those enactments by a highway authority or local authority; and
(b ) on the chief officer of any aerodrome constabulary functions so exercisable by a chief officer of police.
(3) An order under this section may exempt from the application of the road traffic enactments particular roads or lengths of roads to which the public does not have access and may require the person owning or managing the aerodrome in question to indicate the roads or lengths of roads so exempted in such manner as may be specified in the order.
(4) Before making an order under this section in respect of any aerodrome the Minister of Transport shall consult the person owning or managing it.
(5) In this section—
‘designated aerodrome’ means any aerodrome which is owned or managed by the Board of Trade or a local authority and is designated for the purposes of this section by an order made by the Minister of Transport;
‘the road traffic enactments’ means the enactments (whether passed before or after this Act) relating to road traffic, including the lighting and parking of vehicles, and any order or other instrument having effect by virtue of any such enactment;
‘aerodrome constabulary’ means, in relation to an aerodrome owned or managed by the Board of Trade, the special constables appointed under section 37 of the Civil Aviation Act 1949 and, in relation to an aerodrome owned or managed by a local authority, any body of constables which the authority have power to maintain at that aerodrome.
(6) Any order under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and may be varied or revoked by a subsequent order under this section.
(7) In the application of this section to Scotland or Wales, for any reference to the Minister of Transport there shall be substituted a reference to the Secretary of State; and for the purposes of this subsection Monmouthshire shall be treated as forming part of Wales.
2 Byelaws at Board of Trade aerodromes.
(1) The Board of Trade may, in respect of any aerodrome owned or managed by them, make byelaws for regulating the use and operation of the aerodrome and the conduct of all persons while within the aerodrome, and in particular byelaws—
(a ) for securing the safety of aircraft, vehicles and persons using the aerodrome and preventing danger to the public arising from the use and operation of the aerodrome;
(b ) for preventing obstruction within the aerodrome;
(c ) for regulating vehicular traffic anywhere within the aerodrome except on roads therein to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles therein and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;
(d ) for prohibiting waiting by hackney carriages except at standings appointed by such person as may be specified in the byelaws;
(e ) for prohibiting or restricting access to any part of the aerodrome;
(f ) for preserving order within the aerodrome and preventing damage to property therein;
(g ) for regulating or restricting advertising within the aerodrome;
(h ) for requiring any person, if so requested by a constable or aerodrome official, to leave the aerodrome or any particular part of it, or to state his name and address and the purpose of his being on the aerodrome;
(i ) for restricting the area which is to be taken as constituting the aerodrome for the purposes of the byelaws.
(2) The power to make byelaws under this section shall be exercisable by statutory instrument.
(3) Before making any byelaws under this section the Board shall take such steps as appear to the Board to be appropriate for giving public notice of the proposed byelaws and for affording an opportunity for representations to be made with respect to them, and the Board shall have regard to any such representations and may then make the byelaws in the form proposed or in that form with such modifications as the Board think fit.
(4) In section 23(9) of the Civil Aviation Act 1949 , paragraph (e ) (which enables Part II of the Military Lands Act 1892 to be applied in relation to the Board's aerodromes) is hereby repealed, but any byelaws made under the said Part II which are in force immediately before the passing of this Act and relate to any aerodrome owned or managed by the Board of Trade shall, in so far as they could have been made by the Board under this section, continue in force and have effect as if so made.
(5) In paragraph (c ) of subsection (1) of this section ‘the road traffic enactments’ has the same meaning as in section 1 of this Act; and in paragraph (h ) of that subsection ‘aerodrome official’ means a person authorised by the person who is the owner or has the management of the aerodrome, and any such official shall not exercise any power under a byelaw made by virtue of that paragraph (including any byelaw so made by virtue of section 3(1) or 4(1) of this Act) without producing written evidence of his authority if required to do so.
(6) In the application of this section to Northern Ireland, in subsection (1)(c ) the words ‘except on roads therein to which the road traffic enactments apply’ and ‘(with that exception)’ shall be omitted.
3 Byelaws at local authority aerodromes.
(1) A local authority may, in respect of any aerodrome owned or managed by it, make byelaws for regulating the use and operation of the aerodrome and the conduct of all persons while within the aerodrome, and in particular byelaws with respect to any of the matters mentioned in paragraphs (a ) to (i of this Act.
(2) The confirming authority in relation to byelaws made under this section shall be the Board of Trade.
(3) Section 250(9) of the Local Government Act 1933 and section 301(14) of the Local Government (Scotland) Act 1947 (notice of byelaws made by one local authority to be given to another) and section 251 of the said Act of 1933 and section 302 of the said Act of 1947 (penalties) shall not apply to byelaws made under this section.
(4) The Board of Trade may, after consultation with any local authority which appears to the Board to be concerned, by order repeal any enactment in a local Act which appears to the Board to be unnecessary having regard to the provisions of this section or to be inconsistent therewith; and any such order, which shall be made by statutory instrument and subject to annulment in pursuance of a resolution of either House of Parliament, may contain such incidental and transitional provisions as the Board think fit.
4 Byelaws at certain private aerodromes.
(1) The Board of Trade may by order designate for the purposes of this section any private aerodrome (that is to say, any aerodrome not owned or managed by the Board, the British Airports Authority or a local authority), and the proprietor of any aerodrome so designated shall have power to make byelaws for regulating the use and operation of the aerodrome and the conduct of all persons while within the aerodrome, and in particular byelaws with respect to any of the matters mentioned in paragraphs (a ) to (i of this Act.
(2) Byelaws made under this section shall not have effect until they are confirmed by the Board, and the provisions of Schedule 3 to the Airports Authority Act 1965 (which govern the making and confirmation of byelaws by the Authority) shall apply also, subject to any necessary modifications, to byelaws made under this section.
(3) Any order under subsection (1) of this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, and may be varied or revoked by a subsequent order under that subsection.
5 Byelaws: penalties.
5. Any person contravening any byelaws made under section 2, 3 or 4 of this Act shall be liable on summary conviction to a fine not exceeding such amount as may be specified by the byelaws in question in relation to the contravention, but no amount so specified shall exceed twenty-five pounds.
6 Provision of facilities by local authorities at aerodromes not established or maintained...
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