The Licensing of Air Carriers Regulations 1992

Operating licences

11.—(1) An air carrier with a valid operating licence granted by the CAA in accordance with the Council Regulation—

(a) shall not carry by air any passenger for remuneration or hire to whom accommodation for carriage on the flight has been made available by any person required by regulations made under section 71 of the Civil Aviation Act 1982 to hold a licence issued in pursuance of those regulations unless that person does hold such a licence;

(b) shall enter into a special contract with every passenger to be carried for remuneration or hire, or with a person acting on behalf of such a passenger, for the increase to not less than the Sterling equivalent of 100,000 Special Drawing Rights, exclusive of costs, of the limit of the carrier’s liability under article 17 of the Warsaw Convention 1929 and under article 17 of that Convention as amended at The Hague in 1955(1); and

(c) when undertaking the carriage of passengers having the common purpose of attending an association football match shall not cause or permit a passenger to go or be taken on board the aircraft unless that passenger is in possession of a valid ticket of admission to the match. For the purpose of this sub-paragraph a person shall be deemed to be in possession of a valid ticket of admission to the match where such a ticket is held on his behalf by another passenger.

(2) Regulation 5 above shall apply in a case where the CAA has reason to believe that an aircraft is intended to be used by an air carrier in breach of any of the requirements set out in paragraph (1) above as it applies in the case there provided for.

(3) Regulation 6 above shall apply in a case where an air carrier knowingly or recklessly undertakes the carriage by air of passengers for remuneration or hire in breach of any of the requirements set out in paragraph (1) above as it applies in the case there provided for.

(4) Regulation 7 above shall apply for the purpose of determining in pursuance of paragraph (3) above whether an offence relating to carriage has been committed as it applies in the case there provided for.

(1)

For The Warsaw Convention see Cmd. 4284 of 1933 and for The Hague Protocol see Cmnd. 3356 of 1967.The Warsaw Convention as amended at The Hague may also be seen in Schedule 1 to the Carriage by Air Act 1961(1961 c. 27.).