AIR LAW, REGULATION AND

COMPLIANCE MANAGEMENT

COURSE DESIGNED FOR

ISTANBUL TECHNICAL UNIVERSITY AND THE TURKISH AVIATION ACADEMY

BY McGILL UNIVERSITY INSTITUTE OF AIR AND SPACE LAW

AIRLINE LIABILITY FOR

PASSENGER INJURY, DEATH AND

DELAY, Part II

Prof. Ludwig Weber, McGill University

ISTANBUL, 10 FEBRUARY 2016

AIRLINE LIABILITY FOR

PASSENGER INJURY, DEATH AND DELAY

SUMMARY MONTREAL CONVENTION 1999:

REMOVED LIMITS OF LIABILITY

TWO-TIER SYSTEM OF LIABILITY

NOTION OF ADVANCE PAYMENTS

ADEQUATE LIABILITY INSURANCE

COMPULSORY (ART. 50)

OTHER INNOVATIONS

AIR CARRIER LIABILITY FOR

PASSENGER INJURY, DEATH AND DELAY

AIR CARRIER LIABILITY FOR

PASSENGER INJURY, DEATH AND DELAY

Cases other than accidents covered by

special legislation/regulations in many

countries

EU: Regulation 261/2002

US: Denied Boarding Compensation Rule

Canada: Regulation on Handicapped

Passengers

MONTREAL CONVENTION 1999IMPLEMENTATION

- STATUS OF IMPLEMENTATION:

- MANY STATES PARTIES HAVE PASSED IMPLEMENTING LEGISLATION

- IN THE EU, REGULATION (EC) 889/2002 WAS PASSED, ON THE BASIS OF Decision 2001/539/EC

;

REGULATION (EC) 889/2002 RENDERS MONTREAL ’99 APPLICABLE TO ALL INTERNATIONAL AND DOMESTIC ROUTES IN THE EU

MONTREAL CONVENTION IMPLEMENTATION

- EU REGULATION (EC) 785/2004 ON INSURANCE REQUIREMENTS FOR AIR CARRIERS WAS PASSED IN 2004

- REGULATION (EC) 785/2004 DEFINES MINIMUM

INSURANCE REQUIREMENTS FOR AIR CARRIERS:

- 250,000 SDR PER PASSENGER

- 1,000 SDR PER PASS. FOR BAGGAGE

- 17 SDR PER KG FOR CARGO

MONTREAL CONVENTION IMPLEMENTATION

- UNITED STATES: US CODE OF FED. REGULATIONS, Sec. 205.5

- 300,000 USD PER PASS.

- 20 MILL. PER AIRCRAFT PER OCCURR.

- CANADA: AIR TRANSPORT REGULATIONS,

Sec. 7

- 300,000 CAD PER PASS.

- NO MINIMUM FOR BAGGAGE OR CARGO

INCREASE IN LIABILITY LIMIT

Escalator clause of Art. 24 MC: provides

for periodic review and adjustment of

liability limits by ICAO, incl. pax. limit

First such review in 2009, 5 years after

entry into force

Accumulated inflation of appr. 13,5 % -

consequent adjustment of the first tier to

113,100 SDRs, and to 4694 SDR for

delay. Cargo limits also adjusted.

CONCLUSION

Lion’s share of international air transport

carried under Warsaw/Montreal ‘99 regime

Warsaw has 152 States parties

Montreal ‘99 has now 119 States parties

incl. U.S., E.U. States, China, Japan, India, Brazil,

Australia, and growing

Industry standards (IATA, FIATA) have

adapted to Montreal ‘99 regime (ticket and

AWB notices)

CONCLUSION

THANK YOU

Questions?