Carriage by Air and Road Act 1979

Alterations of texts of carriage by air convention

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• (1) For Schedule 1 to the Carriage by Air Act 1961 (which contains the English and French texts of the Warsaw Convention mentioned in the title to this Act as it has the force of law in the United Kingdom by virtue of section 1 of that Act) there shall be substituted Schedule 1 to this Act (which contains the English and French texts of that Convention as amended by provisions of protocols No. 3 and No. 5 which were signed at Montreal on 25th September 1975).

• (2) The said Act of 1961 and the Carriage by Air (Supplementary Provisions) Act 1962 shall have effect with the amendments set out in Schedule 2 to this Act (which are consequential upon the changes of texts made by the preceding subsection or are connnected wiht the coming into force of those texts).

• (3) Neither of the preceding subsections shall affect rights and liabilities arising out of an occurrence which took place before the coming into force of that subsection or, if the subsection comes into force in pursuance of section 7(2) of this Act for some purposes only, arising out of an occurrence which took place before it comes into force for those purposes.

Modification of article 26(2) of carriage by air convention

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• (1) In the Carriage by Air Act 1961, after section 4 there shall be inserted the following section —

(4A) (1) In Article 26(2) the references to damage shall be construed as including loss of part of the baggage or cargo in question and the reference to the receipt of baggage or cargo shall, in relation to loss of part of it, be construed as receipt of the remainder of it. (2) It is hereby declared, without prejudice to the operation of any other section of this Act, that the reference to Article 26(2) in the preceding subsection is to Article 26(2) as set out in Part I and Part II of the First Schedule to this Act.

• (2) This section shall come into force at the passing of this Act but shall not apply to loss which occurred before the passing of this Act.

Amendment of Acts relating to carriage by air or road in consequence of revision of relevant conventions

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• (1) In the Carriage by Air Act 1961, after section 8 there shall be inserted the following section —

(8A) (1) If at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of the Convention, Her Majesty may by Order in Council provide that this Act, the Carriage by Air (Supplementary Provisions) Act 1962 and section 5(1) of the Carriage by Air and Road Act 1979 shall have effect subject to such exceptions, adaptations and modifications as Her Majesty considers appropriate in consequence of the revision. (2) In the preceding subsection “revision” means an omission from, addition to or alteration of the Convention and includes repalacement of the Convention or part of it by another convention. (3) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

• (2) In the Carriage by Air (Supplementary Provisions) Act 1962, after section 4 there shall be inserted the following section —

(4A) (1) Section 8A of the said Act of 1961 (which among other things enables Her Majesty in Council to alter that Act and this Act in consequence of any revision of the convention to which that Act the Convention in the Schedule to this Act as it has effect in relation to a revision of the Convention mentioned in that section but as if the reference in that section to the said Act of 1961 were omitted. (2) An order under the said section 8A may relate both to that Act and this Act ; and in the preceding subsection “revision”, in relation to the Convention in the Schedule to this Act, means an omission from, addition to or alteration of that Convention and includes replacement of that Conventionofpart of it by another convention.

• (3) In the Carriage of Goods by Road Act 1965, after section 8 there shall be inserted the following section —

(8A) (1) If at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to any revision of the Convention, Her Majesty may by Order in Council make such amendment of — (a) the provisions set out in the Schedule to this Act ; and (b) the definition of, and references in this Act to, or to particular provisions of, the Convention ; and (c) section 5(1) of the Carriage by Air and Road Act 1979, as appear to Her to be appropriate in consequence of the revision. (2) In the preceding subsection “revision”means an omission from, addition to or alteration of the Convention and includes replacement of the Convention or part of it by another convention. (3) An order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replacement of gold francs by special drawing rights for the purposes of certain enactments relating to carriage by air or road

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• (1) Schedule 1 to the as originally enacted shall have effect with the following amendments, namely —

• (a) in Article 22 of Part I of that Schedule (which among other things provides that the liability of a carrier is limited to two hundred and fifty thousand francs for each passenger and two hundred and fifty francs per kilogramme of cargo and registered baggage unless a higher limit is agreed and to five thousand francs for objects of which a passenger takes charge himself) —

• (i) for the words “two hundred and fifty thousand francs” where they first occur and the words “two hundred and fifty francs” and “five thousand francs” there shall be substituted respectively the words “16,600 special drawing rights”, “17 special drawing rights”and “332 special drawing rights”,

• (ii) for the words “two hundred and fifty thousand francs” in the second place where they occur there shall be substituted the words “this limit”, and

• (iii) for paragraph (5) there shall be substituted the following paragraph —

(5) The sums mentioned in terms of the special drawing right in this Article shall be deemed to refer to the special drawing right as defined by the International Monetary Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the special drawing right at the date of the judgment. ;

• (b) in Article 22 of Part II of that Schedule (which contains the corresponding provisions of the French text) —

• (i) for the words “deux cent cinquante mille francs”, “deux cent cinquante francs” and “cinq mille francs”there shall be substituted respectively the words “16.600 Droits de Tirage speéciaux”, “17 Droits de Tirage spéciaux”and “332 Droits de Tirage spéciaux”, and

• (ii) for paragraph (5) there shall be substituted the folllowing paragraph —

(5) Les sommes indiquées in Drits de Tirage spéciaux dans le présent article sont considérées comme se rapportant au Droit de Tirage spécial tel que défini par le Fonds monétaire international. La conversion de ces sommes en monnaies nationales s’effectuera en cas d’instance judiciaire suivant la valeur de ces monnaies en Droit de Tirage spécial à la date du jugement. ;

but nothing in this subsection affects the provisions of Schedule 1 to this Act.

• (2) The Schedule to the Carriage of Goods by Road Act 1965 (which contains the text of the Covention on the Contract for the International Carriage of Goods by Road as it has the force of law in the United Kingdom by virtue of section 1 of that Act) shall have effect with the following amendments, namely —

• (a) for paragraph 3 of Article 23 (which provides that compensation for loss of goods shall not exceed 25 francs per kilogram of gross weight short) there shall be substituted the following paragraph —

• (3) Compensation shall not, however, exceed 8.33 units of account per kilogram of gross weight short. ;

• (b) at the end of Article 23 there shall be inserted the following paragraph —

(7) The unit of account mentioned in this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amount mentioned in paragraph 3 of this article shall be converted into the national currency of the State of the Court seised of the case on the basis of the value of that currency on the date of the judgment or the date agreed upon by the Parties.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) If judgment in respect of a liability limited by the said Article 22, 23 ... is given—

• (a) in the case of a liability limited by the said Article 22, at a time when the amendments made by this section to that Article are in force for the purposes of the liability; or

• (b) in any other case, at a time when the amendments made by this section to the other Article in question are in force,

then, notwithstanding that the liability arose before the amendments in question came into force, the judgment shall be in accordance with that Article as amended by this section ... .

Conversion of special drawing rights into sterling

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• (1) For the purposes of Articles 22 and 22A of Schedule 1 to this Act and the Articles 22, 23 ... mentioned in the preceding section as amended by that section, the value on a particular day of one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right—

• (a) for that day; or

• (b) if no sum has been so fixed for that day, for the last day before that day for which a sum has been so fixed.

• (2) A certificate given by or on behalf of the Treasury stating—

• (a) that a particular sum in sterling has been fixed as aforesaid for a particular day; or

• (b) that no sum has been so fixed for a particular day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day,

shall be conclusive evidence of those matters for the purposes of the preceding subsection; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

• (3) The Treasury may charge a reasonaable fee for any certificate given by or on behalf of the Treasury in pursuance of the preceding subsection, and any fee received by the Treasury by virtue of this subsection shall be paid into the Consolidated Fund.

Supplemental

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• (1) It is hereby declared that the powers to make Orders in Council conferred by—

• (a) sections 8A, 9 and 10 of the Carriage by Air Act 1961 (which provide for the amendment of that Act and other Acts in consequence of a revision of the relevant convention and for the application of that Act to the countries mentioned in section 9 and to such carriage by air as is mentioned in section 10); and

• (b) sections 8, 8A and 9 of the Carriage of Goods by Road Act 1965 (which provide for the resolution of conflicts between provisions of that Act and certain other provisions relating to carriage by road, for the amendment of that Act in consequence of a revision of the relevant convention and for the application of that Act to the countries mentioned in section 9); ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

include power to make Orders in Council in respect of the Act in question as amended by this Act.

• (2) It is hereby declared that Schedule 1 to the said Act of 1961 as originally enacted or, if subsection (1) of section 4 of this Act has come into force, as amended by that subsection, remains in force in relation to any matter in relation to which Schedule 1 to this Act is not for the time being in force and that the reference to Schedule 1 to that Act in section 2(1)(b) of the Carriage by Air (Supplementary Provisions) Act 1962 is to be construed as a reference to both the Schedules 1 aforesaid so far as each is for the time being in force.

• (3) This Act binds the Crown.

• (4) The following provisions (which are superseded by this Act) are hereby repealed, namely —

• (a) section 4(4) of the said Act of 1961 ;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title and commencement

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• (1) This Act may be cited as the Carriage by Air and Road Act 1979.

• (2) This Act, except section 2, shall come into force on such day as Her Majesty may by Order in Council appoint, and—

• (a) different days may be appointed in pursuance of this subsection for different provisions of this Act or for different purposes of the same provision;

• (b) it is hereby declared that a day or days may be appointed in pursuance of this subsection in respect of subsection (1) of section 1 of this Act and Schedule 1 to this Act notwithstanding that the protocols mentioned in that subsection are not in force in accordance with the provisions in that behalf of those protocols.

SCHEDULE 1

Part I — The English Text

Chapter I — Scope — Definitions

Article 1

Article 2

Chapter II — Documents of Carriage

Section 1—Passenger Ticket

Section 2—Baggage check

Section 3—Documentation relating to cargo

When there is more than one package :

The air waybill and the receipt for the cargo shall contain :

Non-compliance with the provisions of Articles 5 to 8 shall not affect the existence or the validity of the contract of carriage, which shall, none the less, be subject to the rules of this Convention including those relating to limitation of liability.

The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract of carriage.

Chapter III — Liability of the carrier

Article 17

Article 18

Article 19

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.

Article 20

In the carriage of passengers, baggage and cargo, the carrier shall not be liable for damage occasioned by delay if he proves that he and his servants and agents have taken all necessary measures to avoid the damage or that it was impossible for them to take such measures.

Article 21

Article 22

Article 22A

Article 23

Article 24

In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and limits of liability set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. Such limits of liability constitute maximum limits and may not be exceeded whatever the circumstances which gave rise to the liability.

Article 25A

Article 26

Article 27

In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.

Article 28

Article 29

Article 30

Article 30A

Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.

Chapter IV — Provisions Relating to Combined Carriage

Article 31

Chapter V — General and Final Provisions

Article 32

Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.

Article 33

Except as provided in paragraph (3) of Article 5, nothing in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage or from making regulations which do not conflict with the provisions of this Convention.

Article 34

The provisions of Articles 3 to 8 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business.

Article 35

The expression "days" when used in this Convention means current days not working days.

Article 35A

No provision contained in this Convention shall prevent a State from establishing and operating within its territory a system to supplement the compensation payable to claimants under the Convention in respect of death, or personal injury, of passengers. Such a system shall fulfil the following conditions:

Article 40A

ADDITIONAL PROTOCOL — (With reference to Article 2)

The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority.

Part II — The French Text

Chapitre Ier — Objet—Définitions

Article 1er

Article 2

Chapitre II — Titres de transport

Section 1—Billet de passage

Section 2—Bulletin de Bagages

Section 3—Documentation relative aux Marchandises

Lorsqu'il y a plusieurs colis :

La lettre de transport aérien et le récépissé de la marchandise contiennent :

L'inobservation des dispositions des articles 5 à 8 n'affecte ni l'existence ni la validité du contrat de transport, qui n'en sera pas moins soumis aux règles de la présente Convention, y compris celles qui portent sur la limitation de responsabilité.

L'expéditeur et le destinataire peuvent faire valoir tous les droits qui leur sont respectivement conférés par les articles 12 et 13, chacun en son propre nom, qu'il agisse dans son propre intérêt ou dans l'intérêt d'autrui, à condition d'exécuter les obligations que le contrat de transport impose.