Aircraft Act Case Study
LEGISLATIONS GOVERNING AVIATION INSURANCE
The Aircraft Act, 1934 and the Aircraft Rules, 1937
These Acts were enacted to control the manufacture, possession, use, operation, sale, and the import and export of aircrafts. They stipulate parameters for determining airworthiness, maintenance of aircrafts, general conditions for flying and safety, registration of aircrafts and conduct of investigations. They stipulate general guidelines regarding airworthiness, airport standards and licensing, aircraft design standards and type certification, flight crew standards and licensing, aircraft operations, air space and air traffic management, aviation environment protection etc.
The Aircraft (Carriage of Dangerous Goods) Rules, 2003 It regulates
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The AAI Act was enacted to constitute and formulate the framework within which an authority for governing the airport infrastructure would be established. The AAI Act vests the AAI with the mandatory function of managing the airports, civil enclaves, aeronautical communication stations, eviction of unauthorized occupants of airport premises and to provide air traffic services and air transport services at any airport and civil enclave. The Carriage by Air Act, 1972
The act seeks to implement the provisions of the Warsaw Convention relating to international carriage by air, which affixes liability for international carriage of persons, luggage or goods performed by aircraft for reward. The Anti-Hijacking Act, 1982
The Anti-Hijacking Act implements the Convention for the Suppression of Unlawful Seizure of Aircraft and provides for punishment for the offence of hijacking. The Suppression of Unlawful Acts against Safety of Civil Aviation Act,
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5, Carriage by Air Act, 1972 mandates that the rules in Schedule I, II, III will determine the liability of the carrier in respect of the death of the passenger. But the schedules capped the maximum liability of the carrier to -1,25,U00 francs (by the Warsaw Convention as in the First Schedule to the Act) and 2,50,000 francs (by the Protocol of Hague, as stated in Second Schedule to the Act) and 1,00,000 SDR under MC,99. It is also mentioned that the max liability is capped for the carrier but that doesn’t meant that each claimant on behalf of the deceased would get the maximum amount, but it would be accordingly calculated. There is no set rule for calculating damages, but this solely depends on the economic worth of the person
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