Act no. 0101 of 11 June 1993 relating to
Aviation (Aviation Act)
Notice: This translation is for
informational purposes only. The Norwegian text is the only
authentic text.
Date: 11 June 1993, No. 101
Ministry: SD (Ministry of Transport
and Communications)
Published: Avd I 1993 640
Entry into force: 1 April 1994, 1
April 1996
Last amended: by Act No. 54 of 10
June 2005 (into force on 1 July 2005)
CONTENTS
Act relating to Aviation (Aviation Act)
Introductory provisions
Chapter
I Scope of the Act
Section 1-1
General scope of the Act
Section 1-2
Scope of the Act on the continental shelf and
outside Norwegian territory
Part
1
Civil aviation
Chapter II
General provisions
Section 2-1
Definitions
Section 2-2
Requirements regarding nationality
Section 2-3
Special restrictions
Section 2-4
Supersonic aviation
Chapter III
Registration, nationality and marking. Rights in aircraft, etc
A
Registration of aircraft
Section 3-1
Aircraft register
Section 3-1a
EEA rules
Section 3-2
Nationality conditions not covered by the EEA Agreement
with
regard to aviation
Section 3-2a
Requirements regarding certificates of airworthiness and
compliance with environmental requirements
Section 3-3
Aircraft registered in foreign registers etc
Section 3-4
Application for registration etc
Section 3-5
Entry in the aircraft register, particulars of the
aircraft
Section 3-6
Notification of changes
Section 3-7
Removal of aircraft from the register
Section 3-8
Annotation instead of removal from the register of encumbered
aircraft
Section 3-9
Provisional registration of foreign aircraft
Section 3-10
Provisional registration of aircraft under
construction
Section 3-11
Effect of provisional registration
B
Nationality of aircraft
Section 3-12
Issue of certificate of nationality and registration
Section 3-13
Return of certificate of nationality and registration
Section 3-14
Issue of temporary certificate of nationality and
registration
Section 3-15
Requirements in regard to certificate of nationality and
registration
C
Marking of aircraft
Section 3-16
Marking of aircraft
D
Procedure for registration. Rights etc
1 Procedure etc
Section 3-17
Entry in the log and the aircraft register
Section 3-18
Requirements in regard to documents, verification of signature,
etc
Section 3-19
Refusal of registration
Section 3-20
Certification etc
Section 3-21
Correction of errors, appeal against decisions of the
registration
Authority
2 Registration of rights
Section 3-22
Which legal rights can be registered
Section 3-23
Registered title etc
Section 3-24
Registered title as a requirement of registration
Section 3-25
Transfer of registered title
Section 3-26
General rules regarding priority
Section 3-27
Exceptions to the rules regarding priority etc
Section 3-28
Changes in priority
Section 3-29
Right of advancement
Section 3-30
Borrowing and conversion of mortgage bonds etc
Section 3-31
Legal protection in connection with bankruptcy and composition
with creditors
Section 3-32
Priority in the event of registration errors etc
Section 3-33
Deficiencies in the co-contractor’s title etc
3 Expiry of limitation period
respecting legal remedies etc
Section 3-34
Expiry of limitation period respecting legal remedies
Section 3-35
Deregistration of encumbrances
4 Miscellaneous provisions
Section 3-36
Acquisition of registered title after public notice
Section 3-37
Transfer of encumbrances
Section 3-38
Transfer from a foreign register
Section 3-39
Lodging spare parts as security
Section 3-40
Government liabilities
Section 3-41
Regulations. Calculation of time limits etc
E Recognition of rights in
foreign aircraft pursuant to the Convention of 19 June 1948
Section 3-42
Scope
Section 3-43
Recognition of rights
Section 3-44
Priority and validity of rights
Section 3-45
Range of priority rights
Section 3-46
Rights in spare parts etc
Section 3-47
Salvage money etc
Section 3-48
Enforcement proceedings
Section 3-49
Confiscation etc
F Special provisions concerning
forced sale of foreign aircraft etc
Section 3-50
Special provisions concerning procedure in connection with
forced sale of
foreign aircraft
Section 3-51
Special provisions for distribution of proceeds of forced sale
of
foreign aircraft
Section 3-52
Special provisions for distribution of proceeds of
extraordinary
forced sale of spare parts from foreign aircraft
Chapter IV
Airworthiness and compliance with environmental requirements
Section 4-1
Airworthiness and environmental requirements
Section 4-2
Inspection of aircraft
Section 4-3
Issue and renewal of certificates of airworthiness and
compliance with
the environmental requirements
Section 4-4
Requirements regarding certificates of airworthiness and
compliance
with the environmental requirements in connection with
operation of aircraft
Section 4-5
Invalidity
Section 4-6
Recognition of foreign certificates
Section 4-7
Owner’s and the operator’s responsibilities
Section 4-8
Authorities’ rights of inspection
Section 4-9
Exceptions
Section 4-10
Special authorisation
Chapter V
Staffing
Section 5-1
Staffing
Section 5-2
Supervision of staff
Section 5-3
Requirements on flight crew members
Section 5-4
Licences
Section 5-5
Licensing requirements for flight crew members etc
Section 5-6
Withdrawal of licences
Section 5-7
Foreign licences
Section 5-8
Notification requirement for licence holders etc
Section 5-9
Exceptions
Chapter VI
Aircraft commander and duty onboard
Section 6-1
Aircraft commander
Section 6-2
Aircraft commander’s duties
Section 6-3
Aircraft commander’s authority
Section 6-4
Aircraft commander’s use of force etc
Section 6-5
Perpetration of criminal offences on board an aircraft
etc
Section 6-6
Claims for damages as a result of measures pursuant to sections
6-4 and
6-5
Section 6-7
Aircraft documents
Section 6-8
Aircraft commander’s duties in emergency situations
Section 6-9
Duty of notification in the event of death or serious
injury
Section 6-10
Flight crew’s duties
Section 6-11
Abuse of medication etc
Section 6-12
Scope of application of this chapter
Chapter VII Airports and
ground services
A
General provisions
Section 7-1
Airports
Section 7-2
Supervision
Section 7-3
Regulation of air traffic
Section 7-4
Air traffic service
Section 7-4
a
Abuse of medication etc in air traffic service etc
B
Licensing
Section 7-5
Airport licence
Section 7-6
When an airport licence may be granted
Section 7-7
Contents of licence
Section 7-8
Redemption etc
Section 7-9
Withdrawal
Section 7-10
(Revoked)
C
Approval
Section 7-11
Technical and operational approval of airports etc
D
Obstructions to navigation
Section 7-12
Plan of obstructions to navigation etc
Section 7-13
Preparation of plan as mentioned in section 7-12
Section 7-14
Announcement of the plan etc
Section 7-15
Non-compliance with the plan etc
Section 7-16
Removal of obstructions to navigation
Section 7-17
Compensation in connection with restrictions on
possession
Section 7-18
Official appraisement
Section 7-19
Airport owner’s duties
Section 7-20
Modifications etc
Section 7-21
Period of validity
Section 7-22
Areas not covered by any plan
E Other provisions
Section 7-23
Use of airports
Section 7-24
Use of, access to and traffic at airports etc
Section 7-25
Security checks on persons etc
Section 7-26
Setting fees
Section 7-27
Special fees
Section 7-28
Foreign aircraft’s access to airports etc
Section 7-29
Certification, revocation of licences and suspension
etc
Chapter VIII Commercial aviation
activities etc
A Air
routes
Section 8-1
Concession requirements
Section 8-2
When an operating concession may be granted
Section 8-3
Requirements regarding Norwegian nationality
Section 8-4
Contents of the concession
Section 8-5
The government’s right of redemption
Section 8-6
Withdrawal
Section 8-7
Exceptions due to international agreements
B
Other aviation activities
Section 8-8
Requirement for operating authorisation
C
Miscellaneous provisions
Section 8-9
Right to turn over aircraft etc to others
Section 8-10
Authority to issue regulations regarding fares etc
Section 8-11
(Revoked)
Chapter IX
Provisions regarding air traffic etc
Section 9-1
Authority to issue regulations for air traffic and
operations
Section 9-2
Setting flight paths etc
Section 9-3
Order to land etc
Section 9-4
Carrying war material
Section 9-5
Aircraft documents
Section 9-6
Rights of access to aircraft documents
Section 9-7
Requirements regarding documents etc for the flight crew on an
aircraft
Section 9-8
Authority’s inspection rights
Chapter X
Transport by air
A. Scope
Section 10-1
Scope of this chapter
Section 10-2
Transport of post etc
B. Transport documents
Section 10-3
Issue of ticket
Section 10-4
Luggage identification tag
Section 10-5
Air consignment note
Section 10-6
Completion of air consignment note etc
Section 10-7
Issue of special air consignment note
Section 10-8
Content of air consignment note and receipt for goods
Section 10-9
Validity of air transport contract
Section
10-10
Responsibility for statements in air consignment note
etc
Section
10-11
Air consignment note and receipt for goods etc
C
Disposition of goods and hand-over of goods
Section
10-12
Consignor’s right of disposition etc
Section
10-13
Hand-over of goods
Section
10-14
Lost goods
Section
10-15
Invalid contracts of carriage
Section
10-16
Consignor’s responsibilities and duties etc
D
Carrier liability
Section
10-17
Liability for injury and death
Section 10-17a
EEA rules
Section
10-18
Liability for luggage
Section
10-19
Limitation of carrier liability
Section
10-20
Liability for delays
Section
10-21
Contributory negligence on the part of the plaintiff
etc
Section
10-22
Limitation of carrier liability
Section 10-22a
Disbursement of advance
Section
10-23
Right to disclaim liability by agreement
Section
10-24
Extent of liability limits in section 10-22
Section
10-25
Carrier’s liability as employer
Section
10-26
Recipient’s complaint
Section
10-27
Lapse of claims for damages pursuant to section 10-26
Section
10-28
Legal venue
Section
10-29
Expiry of limitation period respecting claims for
compensation
Section
10-30
Apportionment of liability between carriers etc
E Carriage performed by a
carrier other than the contracting carrier
Section
10-31
Scope of application
Section
10-32
Who shall be regarded as a carrier
Section
10-33
Objective identification of the carrier with persons in his
service
etc
Section
10-34
Addressee for notices and complaints etc
Section
10-35
Limitation of liability
Section
10-36
Legal venue etc
F Other provisions
Section
10-37
Combined carriage etc
Section
10-38
Limitation of liability in contract of carriage etc
Section 10-38a
Insurance obligation
Section
10-39
Exceptions for domestic air transport
Section
10-40
MontrealConvention
Section
10-41
Limitation of the scope of this chapter
Chapter XI
Liability and insurance respecting damage and loss to third
parties
Section 11-1
Strict liability for damages to third parties etc
Section 11-2
Insurance obligation etc
Chapter XII Notification,
reporting and investigation of civil aviation accidents and
incidents etc
A
Common provisions
Section 12-1
Investigating authority’s tasks and independence
Section 12-2
Civil aviation authority’s tasks under this chapter
Section 12-3
Definition of civil aviation accident and civil aviation
incident
B
Notification of civil aviation accidents and civil aviation
incidents etc
Section 12-4 General obligation to
notify
Section 12-5 Obligation of
particular categories of persons to notify
C
Search and rescue service
Section 12-6
Competence to make regulations etc
Section 12-7
Reimbursement of expenses on a search operation etc
D
Salvage
Section 12-8
Salvage money etc
E Reporting and collection of
information on civil aviation accidents and civil aviation
incidents etc
Section 12-9
Reporting of information
Section
12-10
Use of data from systems which record sound and images
Section
12-11
Use of data from systems which do not record sound and
images
F Investigation of accidents
and incidents etc
Section
12-12
Obligation to investigate
Section
12-13
Carrying out investigations and the extent of
investigations
Section
12-14
Prohibition against removal of wreckage etc
Section
12-15
Measures for obtaining information
Section
12-16
Obligation to make a statement to the investigating authority
etc
Section
12-17
Taking of evidence
Section
12-18
Rights of those whom the case concerns
Section
12-19
Duty of confidentiality
Section
12-20
Information to the civil aviation authority
Section
12-21
Investigation report
Section
12-22
Treatment of draft investigation report
Section
12-23
Exemption of draft report from the public domain
Section
12-24
Prohibition against use as evidence in criminal
proceedings
G
Civil aviation authority’s storage and use of information
Section
12-25
Civil aviation authority’s storage and use of
information
Section 12-26
Duty of confidentiality
Section 12-27
Reports on the level of safety in civil aviation
Section 12-28
Prohibition against withdrawal of certificate
Section 12-29
Prohibition against use as evidence in criminal
proceedings
H
Prohibition against sanctions
Section 12-30
Prohibition against civil proceedings
Section 12-31
Prohibition against sanctions from employers
I Removal of wreckage
Section
12-32
Removal of wreckage outside an airport etc
Chapter XIII Miscellaneous
provisions
Section 13-1
Flight prohibition
Section 13-2
Right to retain aircraft etc
Section 13-3
Storage of fuel etc
Section 13-4
Duty of disclosure
Section 13-5
(Revoked)
Section 13-6
Government’s right of recourse etc
Section 13-7
Recovery of charges etc
Section 13-8
Regulations regarding fees
Section 13-9
Emergency preparedness
Chapter XIV Penal provisions
Section 14-1
Infringement of section 2-2
Section 14-2
Infringement of section 2-4
Section 14-3
Supplying incorrect information etc
Section 14-4
Infringement of requirements in regard to nationality and
registration
marks etc
Section 14-5
Non-compliance with environmental requirements etc
Section 14-6
Infringement of safety provisions etc
Section 14-7
Inadequate insurance etc
Section 14-8
Aircraft commander’s liability
Section 14-9
Infringement of requirements in regard to aircraft
documents
Section
14-10
Neglect of duty
Section
14-11
Failure of passengers and crew to follow orders
Section
14-12
Infringement of section 6-11
Section
14-13
Infringement of regulations pursuant to section 9-1
etc
Section
14-14
Pilot’s non-compliance with air traffic control
Section
14-15
Infringement of section 9-4
Section
14-16
Infringement of section 2-3
Section
14-17
Infringement of section 6-8 etc
Section
14-18
Infringementthat may prompt seizure of aircraft or goods
etc.
Section
14-19
Infringement of provisions regarding aircraft documents
etc
Section
14-20
Breach of professional duties etc
Section
14-21
Sanctions against use of non-approved airfields etc
Section
14-22
Infringement of sections 7-12 to 7-15 and 7-22
Section
14-23
Infringement of licensing requirements
Section 14-23a
Infringement of licensing requirement etc under section
16-1
Section
14-24
Infringement of section 13-1
Section
14-25
Obstruction of the inspection authorities etc
Section
14-26
Infringement of order to assist in search and rescue work
etc
Section
14-27
Non-fulfilment of notification requirement etc
Section
14-28
Failure to submit a certificate of compliance with
environmental
requirements etc
Section
14-29
Infringement of regulations issued under the provisions of this
Act
Section
14-30
Increased penalty in connection with the loss of life or
serious bodily injury
Section
14-31
Infringements due to negligence
Section
14-32
Complicity
Section 14-33
Parties at whom these provisions are directed other than owner
or operator
Section
14-34
Expiry of limitation period
Chapter XV Provisions
regarding implementation
Section 15-1
Special exceptions to this Act
Section 15-2
Application of this Act to foreign aircraft
Section 15-3
Civil aviation authority
Section 15-4
Ministry’s competence to issue regulations
Chapter XVI Special rules
concerning implementation of the EEA Agreement and the EFTA
Convention
Section 16-1
Authority to issue regulations – EEA Agreement
Section 16-2
Authority to issue regulations – EFTA Convention
Section 16-3
Investigation
Section 16-4
Exemption from duty of confidentiality
Section 16-5
Fines and penalty payments
Part
II
Military aviation and other national aviation services under public
law
Chapter
XVII
Military aviation
Section 17-1
Requirement as to Norwegian nationality
Section 17-2
Definition
Section 17-3
Military aircraft register
Section 17-4
Requirements regarding staffing and airworthiness
Section 17-5
Requirements regarding airbases etc
Section 17-6
Provisions that also apply to military aviation
Section 17-7
Regulations that also apply to military aviation
Section 17-8
Other provisions concerning military aviation
Section 17-9
Rights to inspect aircraft documents
Section
17-10
Use of civil aircraft for military aviation purposes
Section
17-11
Use of foreign aircraft for military aviation purposes
Section
17-12
Competence to issue regulations
Section
17-13
Authority to issue regulations
Section
17-14
Foreign aircraft’s rights of access to Norwegian
territory
Section
17-15
Penalties
Section
17-16
Infringement of section 17-14
Chapter
XVIII
Other national aviation services under public law
Section 18-1
Norwegian national aviation under public law
Section 18-2
Conditions (for aircraft with a foreign operator etc) for
access to
Norwegian territory
Concluding provisions
Chapter
XIX
Entry into force of this Act and transitional rules
Section 19-1
Entry into force
Section 19-2
Amendments to and repeal of other Acts
Section 19-3
Warsaw Convention etc and entry into force of this Act
Section 19-4
Transitional provisions
Section 19-5
References in other Acts
Council Regulation (EC) no. 2027/97
of 9 October 1997 on air carrier liability in the event of
accidents
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Act relating to Aviation (Aviation Act)
The title of this Act was changed
by law on 11 March 1994 (Act no. 3)
PreviousActs: Act no. 8 of 7 December 1923 (amended by
supplementary acts: of 17 June 1932 (no. 5), 23 April
1948 (no. 4), 11 March 1949 (no.
2), 6 July 1951 (no. 2), 4 July 1952 (no. 7), 22 May 1953 (no. 3),
17 July 1953
(no. 24), 23 October 1959 section
36 (no. 25)), Act no. 6 of 12 June 1936, Act no. 2 of 20 May 1938,
Act no. 5
of 4 July 1952, Act no. 10 of 4
July 1952, as amended by supplementary Act of 10 June 1966 (no. 6),
Act no. 1
of 16 December 1960
Introductory provisions
Chapter I Scope of the Act
Section 1-1 General scope of the Act
Aviation in Norway may only be
undertaken in accordance with this Act and regulations laid down
under the provisions of this Act.
With regard to aviation covered by
the EEA Agreement, provisions of this Act that supplement and
implement the EEA Agreement in the field of aviation take
precedence over other provisions of this Act.
Section 1-2 Scope of the Act on the continental shelf and outside Norwegian
territory
Unless the King decides otherwise,
this Act will also apply to aviation in connection with offshore
petroleum activities on the Norwegian continental shelf.
This Act also applies to aviation
involving Norwegian aircraft outside Norwegian territory
except as otherwise stated in the
content of this Act and provided it is compatible with foreign law
that is applicable under agreements with foreign states or
otherwise under general
principles of law.
The rules of chapter X also apply
to aviation involving foreign aircraft outside Norwegian territory
to the extent entailed by international agreements or otherwise by
general principles of law.
In respect of the application of
the penal provisions to acts undertaken outside Norwegian
territory, the rules of chapter 1
of the General Civil Penal Code shall apply, cf. section 15-2
second paragraph of the present
Act.
Part
I
Civil aviation
Chapter II General provisions
Section 2-1 Definitions
For the purpose of Part I of this
Act, the terms “aviation” and “aircraft” mean civil aviation and
civil aircraft.
Section 2-2 Requirements regarding nationality
Aviation within Norwegian territory
may only be undertaken using aircraft that have:
1. Norwegian nationality, except as
otherwise provided by this Act, cf. especially
section 16-1, or
2. nationality in a foreign state
that has signed an agreement with Norway regarding
aviation rights, or
3. special authorisation granted by
the civil aviation authority.
Authorisation as mentioned the
first paragraph no. 3 will be granted on such conditions as are
deemed necessary in the individual case to ensure that aviation is
carried on in a satisfactory manner or as are otherwise deemed
necessary in the public interest. Authorisation may be withdrawn at
any time.
Section 2-3 Special restrictions
The King may on military grounds or
in the interest of public safety restrict or prohibit access
to aviation in certain areas.
When required by public safety, or
in other extraordinary circumstances, the King may temporarily
restrict or prohibit access to aviation throughout Norway.
Section 2-4 Supersonic aviation
Supersonic aviation is prohibited
within Norwegian territory.
When special reasons so indicate,
the King may authorise supersonic aviation within Norwegian
territory. Conditions may be attached to such authorisation.
Chapter
III
Registration, nationality and marking. Rights in aircraft
etc
A Registration of
aircraft
Section 3-1 Aircraft register
A register of Norwegian aircraft
shall be kept by such authority as the ministry prescribes.
A fee shall be paid for
registration in the aircraft register. The ministry shall issue
regulations concerning the fixing of fees.
Registration in the Norwegian Civil
Aircraft Register may be by electronic means (in
a computer register). In such case,
the provisions of Acts or regulations concerning
registration in logs and registers
apply to a corresponding extent to registration in computer
registers. The ministry may issue further regulations concerning
the use of electronic registers in
connection with public registration
of property rights.
Section 3-1a EEA rules
The EEA Agreement Annex XIII, No 66
f (Council Regulation (EC) No 925/1999 of 29 April 1999 on the
registration and operation within the Community of certain types of
civil subsonic jet aeroplanes which have been modified and
recertificated as meeting the standards of volume I, Part II,
Chapter 3 of Annex 16 to the Convention on International Civil
Aviation, third edition (July 1993)) applies as law, subject to the
modifications entailed by Annex XIII, Protocol 1 to the Agreement
and the Agreement in general.
Section 3-2 Nationality conditions not covered by the EEA Agreement with
regard
to aviation
Except as otherwise provided by
this Act, cf. especially section 16-1, only aircraft having a
Norwegian owner may be registered. The following entities are
regarded as Norwegian:
1. the Norwegian central government
and systems that are controlled by the central
government,
2. Norwegian local authorities,
3. Norwegian citizens,
4. foundations with a 100%
Norwegian board headquartered in Norway,
5. associations and similar groups
with a 100% Norwegian board headquartered in
Norway, at least two thirds of
whose members are Norwegian citizens or have equivalent status
under this section,
6. private limited liability
companies or public limited liability companies with a 100%
Norwegian board headquartered in
Norway in which Norwegian citizens or the equivalent under this
section own shares representing at least two thirds of the share
capital and are entitled to exercise at least two thirds of all
votes at the general assemblies of the company,
7. other companies that consist
exclusively of Norwegian citizens or the equivalent under this
section.
In certain circumstances the
ministry may allow an aircraft to be registered even though the
owner does not fulfil the requirements of the first paragraph.
Section
3-2a Requirements regarding certificates of airworthiness and
compliance with environmental requirements
An aircraft may not be entered in
the register unless it is equipped with a valid certificate of
airworthiness and of compliance with environmental requirements
issued or approved by the civil aviation authority.
The ministry may waive the
requirements of the first paragraph in accordance with Article 4 of
Council Regulation (EC) No 925/1999 of 29 April 1999 on the
registration and operation within the Community of certain types of
civil subsonic jet aeroplanes which have been modified and
recertificated as meeting the standards of volume I, Part II,
Chapter 3 of Annex 16 to the Convention on International Civil
Aviation, third edition (July 1993).
Section 3-3 Aircraft registered in foreign registers etc
An aircraft registered in another
state may not be registered in Norway until it has been removed
from the foreign register. The same also applies to aircraft
belonging to an international air transport operator. Where an
aircraft is encumbered with registered rights which are recognised
in Norway pursuant to international agreement, the aircraft may not
be transferred to the Norwegian Civil Aircraft Register unless the
rightful owner is bought out or agrees to the transfer or the
rights have lapsed as a result of a forced sale.
An aircraft entered in the
Norwegian Military Aircraft Register (cf. sections 17-2 and 17-3)
may
not be registered pursuant to the
present chapter until it has been removed from the military
register.
Section 3-4 Application for registration etc
Aircraft shall be registered on the
basis of written application by the owner. The application shall
contain all the information required for registration and shall be
accompanied by evidence that the applicant is the rightful owner of
the aircraft and that the conditions set forth in sections 3-2,
3-2a and 3-3 have been met. If conditions or restrictions attach to
the applicant’s right of ownership that may cause the ownership
rights to be transferred to another party, this must be disclosed
in the application.
If the applicant renders it
probable that he is the owner of the aircraft but is unable to
provide sufficient evidence of title, the registration authority
may, at the applicant’s request, issue a call for possible owners
to come forward within a period which shall not be less than two
months. If no-one comes forward, the registration authority may
accept the applicant as the rightful owner.
Section 3-5 Entry in the aircraft register, particulars of the
aircraft
If the registration authority
approves the application, it shall register the aircraft and allot
to it a
registration mark. The following
shall be entered in the register:
1. nationality and registration
marks of the aircraft,
2. particulars necessary for
identification of the aircraft,
3. information about the owner and
his acquisition of the aircraft and, where applicable,
any conditions or restrictions as
mentioned in section 3-4 first paragraph third sentence,
4. date of registration,
5. other particulars as required by
further provisions issued by the ministry.
Section 3-6 Notification of changes
If changes occur in the ownership
of a registered aircraft or in the owner’s nationality or if the
aircraft undergoes modifications that are significant to its
identification, the owner shall send the registration authority
notification of the change forthwith, enclosing all necessary
information and documentation. The same applies if there are
changes in other registered particulars. If the aircraft is sold,
the registration authority shall be notified of the sale by the
buyer, unless the sale entails that the aircraft can no longer be
regarded as Norwegian, in which case the seller shall inform the
registration authority of the sale.
If the registration authority
approves the notification, it shall be entered in the register. In
the
event of circumstances as referred
to in section 3-7 or section 3-8, the aircraft shall be removed
from the register or an annotation shall be added to its file in
the register.
Section 3-7 Removalof aircraft from the register
An aircraft shall be removed from
the register:
1. at the request of the party that
is entered in the register as the owner,
2. if the aircraft has not had a
valid certificate of airworthiness and/or of compliance with
environmental requirements for three years,
3. if the conditions of section 3-2
or of regulations adopted under section 16-1 on implementation of
the EEA Agreement with regard to aviation are no longer met,
3. if the aircraft has been broken
up or totally wrecked,
4. if the aircraft disappears.
An aircraft will in any event be
regarded as having disappeared if three months have passed since it
started its last flight and there is no information that it is
still intact.
In the event of matters arising as
mentioned above in the first paragraph no. 2-4, the owner shall
notify the registration authority thereof forthwith, unless this
has already been done pursuant to section 3-6.
Section 3-8Annotationinstead of removal from the register of encumbered
aircraft
If there is a registered
encumbrance on the aircraft, the aircraft shall not be removed from
the register without the prior consent of the right holder. The
circumstance that would have resulted in removal shall instead be
annotated. Such annotation does not affect the encumbrance, but
otherwise has the same effect as removal from the register.
Section 3-9 Provisional registration of foreign aircraft
If an aircraft abroad is owned by a
party who meets the conditions set forth in section 3-2 and who
intends to have the aircraft registered in Norway, the aircraft may
upon application from the owner be provisionally registered in the
register in accordance with regulations issued by the ministry. The
rules of section 3-3 first paragraph apply to a corresponding
extent.
Section
3-10 Provisional registration of aircraft under
construction
Aircraft under construction in
Norway may, at the request of the owner, be provisionally
registered in the register, provided that the aircraft has reached
a construction phase where
it can be identified, and the owner
meets the conditions of section 3-2.
Section
3-11 Effect of provisional registration
Once an aircraft has been
provisionally registered under section 3-9 or section 3-10, the
provisions of sections 3-6 to 3-8 and sections 3-17 to 3-40 will
apply insofar as they are appropriate. If the aircraft is
subsequently permanently registered in the Norwegian Civil
Aircraft
Register, any encumbrances that
have been annotated shall remain in effect.
B Nationality of
aircraft
Section
3-12 Issue of certificate of nationality and registration
Any aircraft registered under
section 3-5 has Norwegian nationality.
The registration authority shall
issue a certificate of nationality and registration for the
aircraft
in accordance with regulations
issued by the ministry.
Section
3-13 Return of certificate of nationality and registration
Where an aircraft is removed from
the register or annotations are made under section 3-8, the owner
of the aircraft or – in the event of the aircraft having been
transferred to a new owner abroad – the former owner shall without
delay return the certificate of nationality and registration to the
registration authority. If any other changes have been entered in
the register regarding matters referred to in the certificate, the
owner shall without delay send the certificate to the registration
authority which will either annotate the change on the certificate
or replace the certificate with a new one.
Section
3-14 Issue of temporary certificate of nationality and
registration
Where an aircraft has been
provisionally registered pursuant to section 3-9, a temporary
certificate of nationality and registration shall be issued for the
aircraft in accordance with further
rules issued by the ministry.
The aircraft shall have Norwegian
nationality for as long as the certificate remains valid.
The rules of section 3-13 apply to
a corresponding extent.
Section
3-15 Requirements in regard to certificates of nationality and
registration
All Norwegian aircraft that are
used for aviation under this Act shall have a Norwegian certificate
of nationality and registration in accordance with the rules of
this chapter.
When flying within Norwegian
territory, all foreign aircraft shall have a certificate of
nationality and registration or an equivalent document from a
foreign state that has signed an agreement with Norway concerning
the right to such aviation.
All aircraft operated subject to
special authorisation pursuant to section 2-2 first paragraph no. 3
shall have whatever certificates or documentation the ministry
stipulates as evidence of such authorisation.
C Marking of
aircraft
Section
3-16 Marking of aircraft
All aircraft that have been entered
in the Norwegian Aircraft Register pursuant to section 3-5
or section 3-9 shall be marked with
the Norwegian nationality mark and the allotted
registration mark. Aircraft shall
display these marks for as long as they are registered in the
register.
Aircraft registered in foreign
states which have agreements with Norway concerning
aviation rights within Norwegian
territory shall be marked in accordance with the rules of the
aircraft’s country of origin. The
same applies to aircraft belonging to an international air
transport operator.
All aircraft operated subject to
special authorisation pursuant to section 2-2 first paragraph
no. 3 shall be marked in accordance
with regulations issued by the ministry.
D Procedure for registration.
Rights etc
1. Procedure etc
Section
3-17 Entry in the log and the aircraft register
The registration authority shall
keep a log of all documents that it has received for Registration,
and an aircraft register with a separate file for each individual
aircraft. Registration is effected by entering an abstract of the
document in the log and the aircraft register and inserting
certification of registration in the document. Detailed rules on
the form and maintenance of the log and the aircraft register shall
be issued by the ministry. These registers shall be open to the
public in such manner as the ministry prescribes.
Documents submitted for
registration shall be entered as soon as possible in the log
for the date on which they were
received by the registration authority, and shall be regarded
as
recorded from that date (log entry
date). However, documents that are received after a time of day
specified by the ministry shall not be recorded in the log until
the following day.
Documents that clearly cannot be
registered may be returned to the party that requested registration
without being entered in the log. The party that requested
registration shall concurrently be informed of the reason why the
document cannot be registered and that the document has not been
recorded in the log. This party shall also be notified that the
document can be recorded in the log on request. If such request is
made the document shall be recorded in the log on the date on which
the request was received (cf. second paragraph), and in such case
the document shall be refused registration under section 3-19.
However, registration in the log may not be requested until the
registration fee has been paid, except as otherwise provided by the
ministry.
If the conditions for registration
are present the document shall be entered in the aircraft register
as soon as possible and not later than two weeks after the document
was entered in the log. This shall be done by entering a brief
summary of the content of the document or of the most important
legal rights in the file for the aircraft in question. The document
shall then be returned to the party who submitted it or to his
proxy as soon as possible and not later than two weeks after the
document was entered in the aircraft register. Alternatively, if
requested by the aforementioned party, the document may be made
ready for collection from the registration authority’s offices.
Section
3-18 Requirements in regard to documents, verification of signature,
etc
Documents submitted for
registration must be written in Norwegian, Danish, Swedish or
English. The ministry may issue regulations concerning the drawing
up and layout of documents (including the use of an approved
form).
In order for a title deed or
mortgage document that was not issued by a public authority to be
registered, the signature must be confirmed by two people of legal
age and capacity who are resident in Norway or in accordance with
regulations issued by the ministry. There must be explicit
confirmation that the signature was written or acknowledged in the
presence of the witnesses, and there must be a declaration that the
issuer is over the age of 18. This also applies to statements of
consent pursuant to section 3-24. Further regulations concerning
proof of the issuer’s identity, age and legal capacity may be
issued by the ministry.
Rules concerning copies of
documents shall be issued by the ministry in regulations. Except as
otherwise provided in the regulations, the party intending to have
an item registered must submit a transcript or copy of the document
in addition to the original document. The transcript or copy shall
be stored by such means as the ministry prescribes.
Section
3-19 Refusal of registration
A document shall be refused
registration if the registration fee has not been paid, or if the
document fails to meet the requirements laid down in section 3-18
or section 3-24, or if the document is at variance with
restrictions on the rights of disposal according to the aircraft
register or if the registration authority finds that the document
is clearly invalid.
A document may be refused
registration if it is confusing or unclear in such a way that there
is doubt about how it should be entered in the aircraft register,
or if it fails to satisfy the requirements laid down in section
3-22, or if it is worded in such a way that it is in material
respects unclear what has been agreed between the parties.
The issue of refusing a particular
document registration shall be decided on the basis of the
document itself and the other
documents and evidence that are available. If the registration
authority deems it necessary, it
may gather information itself.
If a document that has been
recorded in the log is refused registration, this shall be
annotated in the log and in the aircraft register. The party that
requested registration shall be informed immediately by registered
mail or by other traceable means that the application for
registration has been refused and the grounds for the refusal, and
shall also be informed of the right to appeal and the final date
for lodging an appeal, and that legal proceedings against the
decision may not be instituted until the right to appeal has been
exercised, cf. section 3-21. Any other parties to whom the matter
directly pertains shall concurrently receive the same
information.
Information as mentioned in the
fourth paragraph shall also be given in other cases where one
party has requested an action and
has been refused by decision of the registration authority.
Section
3-20 Certification etc
On each document that is
registered, the registration authority shall certify such
registration.
If the document contains
information about ownership, priority or the like that differs from
the particulars previously registered, this shall be annotated on
in the certificate. If the document in question is a mortgage bond
or indemnity bond, any registered encumbrances that may affect the
rights of the secured party shall also be annotated.
Any party shall on request be given
a transcript or copy of the log, the aircraft register
(certified transcript of register)
and archived copies of documents.
The ministry may issue further
regulations concerning the form and content of registration
certificates and concerning transcripts (including mass printouts).
It may also be decided that a certified transcript of register may
be used instead of annotation as mentioned in the second
paragraph.
Section
3-21 Correction of errors, appeal against decisions of the
registration authority
If the registration authority
learns that a document has been incorrectly entered in the
aircraft
register, it shall rectify the
error. If a party has been given incorrect information as a result
of
this error, the registration
authority shall if possible inform him of the correction by
registered mail.
Decisions made by the registration
authority can be appealed to the ministry by any party with a legal
interest in appealing.
The period of appeal shall be three
weeks except where the registration authority sets a longer period
in exceptional cases. Where a party has been advised of a decision,
the period shall be reckoned from the date on which the advice was
sent. For other parties the appeal period shall be reckoned from
the date on which they learned, or should have apprised themselves
of, the decision. Where the period of appeal is exceeded, the rules
of the Public Administration Act section 31 shall apply.
The restrictions on the allowing of
appeals as set forth in the Property Rights Registration Act
sections 10 a and 10 b apply to a corresponding extent to appeals
against decisions of the registration authority.
2 Registration of
rights
Section
3-22 Which legal rights can be registered
Any document that establishes,
changes, transfers, encumbers, recognises or cancels a
right pertaining to a registered
aircraft may be annotated in the aircraft register.
Where legal proceedings brought
before the municipal court or a higher court concern a right which
by virtue of its nature can be registered pursuant to the first
paragraph, the court may decide in its ruling that the writ of
summons or an abstract of it shall be registered. This also applies
to interim court orders under the Enforcement of Claims Act chapter
15.
Section
3-23 Registered title etc
Registered title to an aircraft is
vested in the party whom the aircraft register designates as the
owner of the aircraft or as the party entitled to dispose over the
aircraft as owner. The same applies to registered title with regard
to other rights.
The party having registered title
to the aircraft also has a legal title to the engines, propellers,
equipment, instruments and other items belonging to the aircraft,
unless the register designates another party as entitled to these
items.
Where a right encompasses an
aircraft including its engines and other items as mentioned in
the
second paragraph, the rights in
these objects shall not be voided if such items are temporarily
removed from the aircraft.
Section
3-24 Registered title as a condition of registration
Documents expressing voluntary
establishment of a legal right may not be registered unless the
issuer has registered title when the document is entered in the log
or has the consent of the legal title holder. However, if the
issuer of the document or the person having given their consent is
deceased, the document may nevertheless be registered if he was
recorded as the legal title holder upon the entry of the document
into the log. This applies even where there is a registered
certificate or notification pursuant to the second or third
paragraphs.
Documents issued by beneficiaries
during the private administration and division of a title holder’s
estate may be registered if, at the same time and no later,
certification from the probate court is registered stating that the
estate has been transferred for private administration and
division. This rule only applies for up to two years after the
title holder’s death, unless the probate court extends the time
limit.
Documents issued by the probate
court during the public administration and division of the
title holder’s estate may be
registered if, at the same time and no later, a declaration from
the
probate court is registered stating
that it has taken possession of the estate as the estate of a
deceased person or for
administration and division of the marital property or has
instituted
bankruptcy proceedings.
Deeds of conveyance from a forced
sale may not be registered unless the forced sale is
binding on the title holder under
Norwegian law. Court judgments, rulings or arbitration
rulings may not be registered
unless they are binding on the title holder under Norwegian
law.
Section
3-25 Transfer of registered title
In connection with the registration
of documents that concern voluntary establishment of a
legal right, the registered title
shall be transferred if the document expresses an unconditional
acquisition of property or rights.
If the document expresses conditional acquisition, the legal
title will be transferred when
evidence is registered or if it is an indisputable fact that
the
condition upon which acquisition
was made contingent has been fulfilled.
The provisions of the first
paragraph also apply to documents issued by beneficiaries or the
probate court pursuant to section 3-24 second or third paragraph.
Beneficiaries wishing to take over a registered aircraft that they
have inherited register their title by registering their
declaration of take-over. If the estate is taken over by a
surviving spouse alone pursuant to the Inheritance Act (No 5 of 3
March 1972) section 6, legal title is transferred to the surviving
spouse by the registration of a certificate from the probate court
to the effect that the estate has been taken over by the surviving
spouse.
Where court judgements, rulings or
arbitration rulings that confirm or express an unconditional
acquisition of property or rights are registered, registered title
to the property shall be transferred. If the acquisition is
conditional pursuant to the decision, the same rules apply when
evidence is registered or it is an indisputable fact that the
conditions have been fulfilled.
Section
3-26 General rules regarding priority
Once a document has been recorded
in the log, the legal rights conferred by the document have
precedence over legal rights that are not recorded in the log.
If there is conflict between legal
rights conferred by several documents recorded in the log, the
order of priority between them shall be decided by the date on
which they were entered into the log. Legal rights pursuant to
documents entered on the same day are of equal priority; however,
execution and attachment proceedings have precedence over other
legal rights. Where several execution proceedings have been entered
on the same day, the oldest shall take priority.
The rules of this section do not
entail any change in the rules laid down in the Mortgage Act
section 3-18 regarding the priority of purchase money security
interests in parts and accessories. The ministry may issue further
rules concerning the registration of this type of security
interest.
Section 3-27.Exceptions to the rules regarding priority etc
Regardless of the rules of section
3-26, an earlier legal right shall have precedence over a later one
if:
1. the later acquisition is based
on a contract or other basis which to the buyer resembles a
contract, and the buyer, when his right was registered, knew of or
ought to have known of the pre-existing right, or
2. the later acquisition is by
inheritance.
Registration has no effect on
statutory rights except as otherwise provided by law.
In connection with the sale of
property or other transfer of property, rights that are derived
from the former owner and that are laid down in the new owner’s
document of title or are entered in log at the latest on the same
date as this shall take precedence over rights deriving from the
new owner. The relationship between rights derived from the former
owner shall be decided under the rules of section 3-26. This also
applies to the relationship between rights derived from the new
owner, but in such a way that a voluntarily established security
interest which is proven to secure a loan granted for the
acquisition of the aircraft and which was recorded in the log at
the latest on the same day as his document of title takes
precedence over both forced and voluntary legal rights, regardless
of when they were recorded in the log.
Encumbrances transferred from
foreign registers pursuant to section 3-37 take precedence over all
other legal rights and retain their priority among themselves from
the original registration in the foreign register.
The provisions of section 3-26 do
not apply to the:
1. transfer of a security
interest,
2. pledging of a mortgage bond that
is bound by the rules governing negotiable promissory notes,
3. pledging of a security interest
linked to a redeemable debt instrument that is not a negotiable
promissory note, or
4. attachment of a security
interest in a document as mentioned in subsection 2 or 3.
Section
3-28 Changes in priority
The priority of a registered
encumbrance may be changed by the entitled party conceding priority
to an encumbrance of equal or lower priority, provided that the
holder of title to the encumbered aircraft and right holders
according to registered legal rights with intermediate priority
consent to this.
However, the consent of the right
holders is not necessary in cases where one security interest
concedes priority to another a security interest whose value is not
greater than the concession.
The priority of a party who
concedes priority to another encumbrance will rank behind any
encumbrances with intermediate priority, unless the holders of
these rights agree to yield.
Consent as mentioned in the first
paragraph is not a condition for registration of a concession of
priority.
Section
3-29 Right of advancement
Except as otherwise agreed or
entailed by the basis on which the rights were established or by
section 3-30, legal rights with lower priority will advance, with
no change in the relative priority among them, when a higher
priority encumbrance lapses due to satisfaction. The lapsing of the
right to legal remedy under section 3-34 is not regarded as
satisfaction of a claim.
Section
3-30 Borrowing and conversion of mortgage bonds etc
On agreement with the title holder
of the encumbered aircraft, a mortgage obligation that has been
fully or partially paid off may be used to reborrow, so that it
provides security for a new amount that has the same priority as
the repaid amount. However, this does not apply in cases where the
satisfaction of the obligation has been registered or the bond
contains remarks concerning repayment. Nor can a bond be used to
borrow or reborrow if a court-ordered seizure of the debtor’s
assets has been registered about which the secured party has been
notified or has knowledge of by other means, unless the secured
party is unable to cancel the credit arrangement without risking
loss.
Where a mortgage obligation is
cancelled and, at the same time and no later, a new
mortgage obligation (conversion) is
registered, the new mortgage will have the same
priority as the cancelled mortgage,
provided that the issuer has made a declaration to this end
and the new bond does not have a
greater value than the cancelled one.
Indemnity bonds shall be on an
equal footing with mortgage bonds under this section.
Section
3-31 Legal protection in connection with bankruptcy and composition
with creditors
In order for a voluntarily
established legal right to enjoy protection in connection with
bankruptcy, this right must have been recorded in the log at the
latest the day before the
bankruptcy order was made.
Nevertheless, the acquisition of rights as referred to in section
3-
27 third, fourth and fifth
paragraphs is protected in a bankruptcy regardless of whether and
when the acquisition was recorded in the log.
If compulsory composition with
creditors was instituted during an immediately preceding
negotiation of debt (cf. the Satisfaction of Claims Act section 1-4
sixth paragraph), the right must have been recorded in the log at
the latest the day before the composition proceedings were
instituted. However, if the right was established with the consent
of the debt restructure committee, protection vis-à-vis the
bankruptcy estate is not contingent on registration.
In order for a voluntarily
established legal right to enjoy protection in connection with
compulsory composition, the right must have been recorded in the
log at the latest the
day before the composition
proceedings were instituted. The exception in the
first paragraph second sentence
applies to a corresponding extent.
Section
3-32 Priority in the event of registration errors etc
In the event of a document being
entered incorrectly in the aircraft register, it may nonetheless be
brought to bear, in accordance with its content, in relation to the
acquisition of a right that is registered at a later date.
However, it may be decided by court
judgment that a subsequently registered voluntary
acquisition of a right shall take
precedence over an acquisition of rights that was registered
earlier. The conditions for this
are:
1. that the acquirer of the right
that was registered later was acting in good faith when
his acquisition was recorded in the
log,
2. that, if his right were given
lower priority, the acquirer would suffer an
involuntary loss because he had had
confidence in the aircraft register, and
3. that the loss sustained by the
acquirer would be significantly greater than for the
other party if the latter’s right
had to yield, or that it would lead to significant
disruptions in the subsequently
registered rights if the registered but incorrectly
recorded right was given
precedence.
The same shall apply if a document
has not been entered in the aircraft register
within two weeks of it being
recorded in the log.
If a document is entered in the
aircraft register without first being recorded in the log, this
registration will have the same
effect as an entry in the log.
If a document that is recorded in
the log is later refused registration, the rules of sections
3-26,
3-27 and 3-31 shall be applied, and
the matter shall be treated as if the document had not been
recorded.
Section
3-33 Deficiencies in the co-contractor’s title etc
Any party who claims to be the
owner or right holder, or other parties entitled in their
own right and without deriving this
right from the title holder, may not in relation to a third
party assert that the title holder
was not entitled to enter into a contract with a third party if
the
contract was registered and the
third party was acting in good faith when the agreement was
recorded in the log.
The provision of the first
paragraph does not apply in cases where the legal title is due to
a
document that is invalid because of
forgery, falsification, minority or duress as referred to in the
Conclusion of Agreements Act section 28.
3 Expiry of limitation
period respecting legal remedies etc
Section
3-34 Expiry of limitation period respecting legal remedies
If a registered encumbrance is to
rest on an aircraft for a clearly delimited period or until a
clearly indicated date, the effect of the registration will lapse
five years thereafter. The fact that the size of the principal and
the instalments has been indicated in a mortgage deed is not
sufficient for this paragraph to be applied.
In the case of a security interest
created by execution proceedings, distress proceedings or
sequestration proceedings, the effect of the registration shall
lapse five years after the document was recorded in the log. In
connection with attachment proceedings and other interim measures
to legally enforce debts, the period is two years.
If an encumbrance is not to rest on
the aircraft permanently, without the rules in the first or second
paragraphs being applicable, the effect of registration shall lapse
ten years after the document was recorded in the log, but not until
five years after the expiry of the minimum period, if the document
defines a minimum period.
The effect of registration shall
not lapse if a new registration is undertaken before the expiry of
the time limit. Registration of remarks added to a previously
registered document does not affect the time limit, unless these
remarks contain an explicit re-establishment of the legal right. An
increase in the value of a mortgage deed is regarded as a form of
re-establishment of this nature. When a new registration is
undertaken, a new time limit of the same length as the original one
starts to run from the date of registration.
Section
3-35 Deregistration of encumbrances
An encumbrance shall be removed
from the aircraft register once evidence has been registered that
it has lapsed or that the entitled party consents to its
removal.
In order for a mortgage bond that
is a negotiable promissory note to be removed from the register,
the document along with the receipt or consent must be submitted to
the registration authority. If it is impossible or unduly difficult
to obtain a receipt or consent the registration authority may, once
the document has been submitted and it has been proved beyond a
reasonable doubt that the encumbrance has lapsed or is no longer
applicable, issue, at the title holder’s request, a call for
possible right holders to come forward within two months. If no-one
comes forward, the encumbrance shall be removed from the
register.
An encumbrance that has lapsed as a
result of forced sale or other sale pursuant to Enforcement of
Claims Act or as a result of sale pursuant to section 117a of the
Bankruptcy Act, shall be removed from the register without regard
to the provision of the second paragraph first sentence when a
title deed is registered that proves that the encumbrance has
lapsed. The same applies where it is proved that an encumbrance has
lapsed as a result of forced sale of the aircraft abroad, provided
that the forced sale is binding on the right holder pursuant to the
Norwegian legislation that governs the application of foreign
law.
A security interest that has lapsed
as a result of compulsory composition with creditors shall be
removed from the register without regard to the provision of the
second paragraph first sentence when a ruling sustaining a judgment
pursuant to section 52 of the Bankruptcy Act (cf. section 53), is
registered proving that the encumbrance has lapsed.
Any encumbrance that is more than
ten years old may be removed from the register on request as
referred to in the second paragraph second sentence once it is
rendered probable that it has lapsed.
The registration authority shall on
its own initiative remove from the register any encumbrance that it
finds has clearly lapsed. The same shall apply if the effect of
registration has lapsed pursuant to the rules of section 3-34.
In the event of incorrect removal
from the register, the provisions of section 3-32 shall apply to a
corresponding extent.
4. Miscellaneous provisions
Section
3-36 Acquisition of registered title after public notice
Where it is rendered probable that
the ownership right to a registered aircraft has passed to a party
other than the party holding the registered title and that the
acquirer cannot obtain title in accordance with the rules of
sections 3-24 to 3-25, the rules of section 3-4 second paragraph
above shall apply to a corresponding extent.
Section
3-37 Transfer of encumbrances
If, upon registration of an
aircraft, a security interest protected by law or other encumbrance
created in Norway rests on the aircraft which, under the rule of
this chapter, requires registration in order to gain priority, the
encumbrance shall retain its precedence, provided that the document
is submitted for registration within three months of the aircraft
being entered in the register. If the aircraft has been
provisionally registered pursuant to section 3-9 or section 3-10,
the time limit shall be reckoned from the date this took place.
If the encumbrance has been
registered, the registration authority may delete it once the
document has been registered or the time limit pursuant to the
first paragraph has expired.
Section
3-38 Transfer from a foreign register
When an aircraft is transferred to
a Norwegian register from a foreign register, registered
encumbrances on the aircraft which
are recognised in Norway under shall be transferred to the
aircraft’s file in the register.
Other foreign encumbrances may only
be registered with the consent of the owner and in such case with
priority according to the rules in sections 3-26 et seq.
Rights that cannot be legally
established pursuant to Norwegian law cannot be transferred to
the Norwegian register.
Section
3-39 Lodging spare parts as security
Lodging a registered aircraft as
security may also include any spare parts which at any time are
stored in specific places in Norway, if they are the property of
the owner of the aircraft and if their character and approximate
number are recorded in the mortgage deed. The same applies to parts
stored in foreign states that have ratified the Convention on the
International Recognition of Rights in Aircraft. Each stock of
spare parts shall display a notice containing information about the
security interest and the secured party’s name and address.
Spare parts are defined as parts of
an aircraft, engines, propellers, equipment, instruments and
other items that are kept in stock
to replace parts of the aircraft or accessories that require
replacement.
Security in spare parts that are
sold and removed from the storage place shall not lapse if the
acquirer understood or ought to
have understood that the sale was unwarranted in deference
to the secured party.
In connection with distraint
proceedings, the owner of the aircraft may demand that spare
parts that belong to the aircraft
and are stored in Norway shall be included as accessories. Any
party with a security interest in the aircraft including spare
parts is entitled to oppose special attachment of the spare
parts.
Section
3-40 Government liabilities
The central government shall
compensate losses that a party involuntarily incurs in cases
where:
1. the party placed confidence in a
registration certificate, a mortgage certificate, a deregistration
certificate or a certified transcript of register,
2. a document was not registered or
was recorded in the log too late, or where it was not returned or
made ready for collection at the first opportunity and at the
latest four weeks after entry in the log (cf. section 3-17 fourth
paragraph),
3. pursuant to section 3-32, a
document must yield to a document that was registered later or,
4. a document as mentioned in
section 3-33 second paragraph has been registered and a person has
in good faith had a right recorded in the log that he contractually
acquired, believing that the registered document was valid.
Section
3-41 Regulations. Calculation of time limits etc
The ministry may issue any
regulations that are deemed necessary for the implementation of the
rules set forth above in this chapter.
With regard to the calculation of
time limits, the rules laid down in the Courts of Justice Act
apply.
Mortgage bond means a promissory
note conferring a security interest. Mortgage deed means any
document expressing a contractually created security interest.
E Recognition of rights in
foreign aircraft pursuant to the Convention of 19
June 1948
Section
3-42 Scope
The provisions of this section
apply to foreign aircraft that have been entered in the national
aircraft register of a state that has ratified or adopted the
Geneva Convention of 19 June 1948 on the International Recognition
of Rights in Aircraft. However, the provisions of section 3-47
shall also apply to Norwegian aircraft.
For the purpose of this Act, any
territory for which a contracting state has ratified or adopted the
Convention, provided that the territory maintains a separate
register of aircraft for purposes of nationality, shall be regarded
as a contracting state.
The country of origin of an
aircraft is the state or territory in which it is registered as to
nationality.
Section
3-43 Recognition of rights
The following rights in an aircraft
shall be recognised in Norway, provided that they have
been legally established in
accordance with the law of the contracting states where the
aircraft
was registered at the time of
creation and have also been entered in a public register of
rights in the country of origin of
the aircraft:
1. the rights of property,
2. the rights to acquire
aircraft by purchase coupled with possession of the aircraft,
3. the rights to possession of
aircraft under leases of six months or more,
4. mortgages, hypotheques and
similar rights in aircraft that have been contractually
created as security for payment of
indebtedness for or up to a defined sum.
Rights in an aircraft other than
the statutory security interest for claims as referred to in
section 3-47 may not be recognised or established in Norway with
precedence over the rights referred to in nos. 1 to 4.
The aircraft also includes engines
and other parts and accessories as referred to in section 3-23
second paragraph, regardless of whether these items have been
temporarily removed from the aircraft.
Section
3-44 Priority and validity of rights
The priority between these rights
and the effects that registration otherwise may have in
relation to a third party shall be
assessed according to the law of that contracting state where
the right is registered.
In the event of a right being
transferred to another contracting state’s register, the validity
of
the registration shall be
determined in accordance with the law of the state where the
aircraft
was registered as to nationality
(the country of origin) at the time of the recording.
Section
3-45 Range of priority rights
The priority assigned to a security
interest or other rights mentioned in section 3-43 subsection 4
includes all debts that the right is intended to secure.
However, the priority shall not be
recognised for interest exceeding that accrued during the three
years prior to the commencement of execution proceedings.
Section
3-46 Rights in spare parts etc
If a registered right recognised
under section 3-43 is intended to act as security for repayment of
a debt and incorporates rights that also extend to spare parts
pursuant to the national law in the country of origin of the
aircraft, this right in spare parts which at any time are stored in
a specified place in Norway shall also be recognised, provided that
the storage place is referred to in the constituting document and a
description of the character and approximate number of the spare
parts included in the right has been enclosed in or appended to the
document. Each storage place shall display a public notice giving
information about the registered right and the name and address of
the holder of the right.
The provisions of section 3-39
second and third paragraphs apply to a corresponding extent.
Section
3-47 Salvage money etc
In the event of a claim for salvage
money or compensation for extraordinary expenses that
were necessary in order to rescue
or preserve an aircraft that has crashed or is in peril giving
rise to a security interest in the
aircraft in accordance with the law of the contracting state
where the salvage or preservation
work was terminated, this right shall be recognised in and
shall take precedence over all
other rights in the aircraft. If there are several such rights,
those
that have arisen in connection with
a later occurrence shall take precedence over those that arose
earlier.
Nevertheless, a security interest
cannot be recognised if three months have passed without this right
being annotated in the aircraft’s rights register and the amount
being approved or legal proceedings regarding this right being
instituted. The issue of whether the legal action was instituted
within the defined time limit shall be judged in accordance with
the law of the state in which legal proceedings have been
instituted.
Section
3-48 Enforcement proceedings
In the event of an aircraft or a
right in an aircraft being subject to attachment, execution or
forced sale and the party against whom actions are directed
transfers or creates a right as referred to in section 3-43 with
knowledge of the proceedings, neither the transfer nor the right
shall be recognised to the detriment of the plaintiff or the
purchaser.
Section
3-49 Confiscation etc
The provisions of this section
shall not impede confiscation, retention or other precautionary
measures that have been or are laid down to ensure compliance with
laws concerning import and export, immigration or aviation.
F Special provisions
concerning forced sale of foreign aircraft etc
Section
3-50 Special provisions concerning procedure in connection with
forced sale of
foreign aircraft
In connection with the forced sale
of a foreign aircraft as mentioned in section 3-42 performed by an
executing creditor, the holders of rights and the party against
which the action is being brought shall be advised by registered
letter, and if possible by air mail, pursuant to section 11-16
first paragraph of the Enforcement of Claims Act. The executing
creditor shall ensure that public notice is given of the forced
sale at the place where the aircraft is registered as to
nationality, in accordance with law there applicable. The executing
creditor may order the party bringing the action to undertake this.
Pursuant to section 11-29 of the Enforcement of Claims Act, offers
may only be submitted at the earliest six weeks after advice of the
sale was sent pursuant to section 11-16 first paragraph and at the
earliest one month after public notice at the place where the
aircraft is registered.
In connection with the forced sale
of foreign aircraft as mentioned in section 3-42 by auction, the
time and the place of the auction shall be set at least six weeks
in advance. The holders of rights and the party against which the
action is being brought shall be notified at least one month in
advance of the time and the place of the auction. Notification
shall be sent by registered letter and if possible by air mail. The
Court of Enforcement shall ensure that public notice of the auction
is given at least one month in advance at the place where the
aircraft is registered, in accordance with the law there
applicable. The Court of Enforcement may order the party bringing
the action to do this.
The time limit for contesting a
ruling affirming a judgment by appeal is six months for appeals on
the grounds of infringement of the first or second paragraph.
Section
3-51 Special provisions for distribution of proceeds of forced sale
of foreign
aircraft
If an aircraft that is registered
abroad has caused injury or damage to people or property on the
ground in Norway and forced sale of the aircraft has been sought
for a claim for damages that is not covered by approved third-party
liability insurance, not more than four fifths of the purchase
price may be used to satisfy higher priority encumbrances, unless
all the claims for damages receive full coverage. The first
sentence also applies in connection with the forced sale of other
aircraft belonging to the same owner as the aircraft that caused
the injury or damage and that are encumbered with any similar
rights held by the same creditors.
Section
3-52 Special provisions for distribution of proceeds of
extraordinary forced
sale of spare parts from foreign aircraft
Extraordinary forced sale of spare
parts belonging to a foreign aircraft may be undertaken at
the request of an execution
creditor regardless of whether the prior rights with which both
the
spare parts and the aircraft are
encumbered receive full coverage or not, if the purchase price
is at least two thirds of the value
of the spare parts as determined by the execution and
enforcement officer and two court
invigilators that have expert knowledge that qualifies them
to take part in the valuation. In
order to provide for the plaintiff’s claim, the execution and
enforcement officer may rule that
the share of the proceeds from the sale for the holders of
prior rights in the aircraft shall
be limited to two thirds of the purchase price minus costs.
Chapter IV Airworthiness and compliance with
environmental requirements
Section 4-1 Airworthiness and environmental requirements
All aircraft that are used for
aviation activities pursuant to this Act shall be airworthy and
comply with all the relevant environmental requirements.
An aircraft cannot be considered
airworthy unless it has been designed, constructed, equipped and
serviced and has the necessary flying capabilities to satisfy all
safety requirements. The ministry shall issue further regulations
concerning airworthiness.
An aircraft cannot be considered as
complying with the environmental requirements unless it meets the
requirements laid down by the ministry regarding noise abatement,
air pollution and
other forms of environmental
disruptions that are harmful or cause inconvenience to people
or
property outside the aircraft.
Section 4-2 Inspection of aircraft
The civil aviation authority shall
perform inspections of aircraft and also oversee that aircraft that
are used for aviation activities pursuant to this Act are airworthy
and comply with the environmental requirements.
The civil aviation authority may
allow inspections and other examinations of aircraft to be
performed by Norwegian or foreign
experts that it appoints or by foreign authorities.
Section 4-3 Issue and renewal of certificates of airworthiness and
compliance with environmental requirements
When as a result of an inspection
or by other means it has been established that an aircraft is
airworthy and complies with the environmental requirements, the
civil aviation authority shall issue a certificate of airworthiness
or certificate of compliance with environmental
requirements, as applicable, for
the aircraft. These certificates may be issued for a specific
period of time and may be limited
to apply only to aviation of a particular nature or within a
particular area. The ministry may
decide that further instructions shall be included in
the certificate in question or in a
separate document that shall be attached to the certificate
stating conditions for the use of
the aircraft that must be observed for the aircraft to be
regarded as airworthy or as
complying with the environmental requirements.
These certificates shall be renewed
on application, provided that the aircraft meets the
requirements regarding
airworthiness or the environmental requirements that apply when
the
certificate is to be renewed. The
civil aviation authority may delegate the renewal of
certificates to the experts or
authority that carried out the inspection pursuant to section
4-2,
second paragraph.
Section 4-4 Requirements regarding certificates of airworthiness and
compliance with
environmental requirements in connection with operation of
aircraft
Norwegian aircraft that are to be
used for aviation activities pursuant to this Act shall have a
certificate of airworthiness and a
certificate of compliance with environmental requirements
that have been issued or approved
by the civil aviation authority.
When flying within Norwegian
territory, foreign aircraft must have either a certificate of
airworthiness and a certificate of compliance with environmental
requirements as mentioned
in the first paragraph or a
certificate of airworthiness and a certificate of compliance
with
environmental requirements that
have been issued or approved by a foreign state that has
entered into agreements with Norway
regarding recognition of these certificates in Norway.
Notwithstanding the rules of the
first and second paragraphs, the civil aviation authority may grant
an aircraft special permission to undertake aviation activities.
This permission may be
revoked at any time.
Section 4-5 Invalidity
Except as otherwise decided by the
civil aviation authority, a Norwegian certificate of airworthiness
and a Norwegian certificate of compliance with environmental
requirements will be invalid:
1. if the aircraft has not
undergone the prescribed inspections,
2. if the aircraft or its equipment
has been modified in a way that may be significant for its
airworthiness or environmental performance,
3. if the aircraft or its equipment
has suffered damage that is clearly of significance to its
airworthiness or environmental performance.
4. if the aircraft is not insured
in accordance with the provisions of the Aviation Act.
The civil aviation authority may
declare a certificate of airworthiness or a certificate of
compliance with environmental requirements invalid if events have
arisen which in its expert opinion may be of significance to the
airworthiness or environmental performance of an aircraft.
In cases as mentioned in the first
paragraph no. 3 the certificate will remain invalid until the
damage has been repaired in accordance with further regulations
issued by the ministry. Otherwise, the certificate will be invalid
until the aircraft has been declared airworthy or compliant with
the environmental requirements.
The civil aviation authority may
demand the surrender of invalid certificates.
Section 4-6 Recognition of foreign certificates
The provisions of sections 4-3 and
4-5 regarding issue, renewal and invalidity of certificates of
airworthiness and certificates of compliance with environmental
requirements apply similarly to the civil aviation authority’s
recognition of foreign certificates.
Section 4-7 Owner’s and the operator’s responsibilities
The owner or the operator of an
aircraft that is being used for aviation activities pursuant to
this
Act shall ensure that the aircraft
is airworthy and complies with the environmental
requirements and has the prescribed
certificate of airworthiness and certificate of compliance
with environmental
requirements.
In the event of circumstances
arising that are of significance to the airworthiness or
environmental performance of the aircraft, the operator or owner
shall notify the aviation authority of this matter at the earliest
opportunity in accordance with further regulations issued by the
ministry. He has a duty to supply the civil aviation authority with
all the information necessary for the performance of inspections to
ascertain airworthiness and compliance with environmental
requirements.
Section 4-8 Authorities’ right of inspection
The civil aviation authority may
demand access to any aircraft that is used for aviation activities
pursuant to this Act and is entitled to undertake any examination
of the aircraft and its equipment that it deems necessary to be
able to perform its inspections. To this end, the aviation
authority may demand any assistance it needs from the owner or the
operator of the aircraft and the crew. It may accordingly demand
that the aircraft be made ready for inspection, that the cargo be
unloaded and that a test flight and other necessary tests be
carried out. Examinations etc pursuant to this section shall be
undertaken in such a way that no unnecessary inconvenience is
caused with regard to the aircraft’s schedule or in any other
way.
The provisions of the first
paragraph regarding the civil aviation authority apply similarly to
Norwegian and foreign experts and foreign authorities that
undertake any kind of inspection in accordance with section 4-2
second paragraph.
Section 4-9 Exceptions
In connection with testing the
capabilities of an aircraft or if there are other special reasons
for doing so, the civil aviation authority may, in accordance with
further regulations issued by the ministry, make exceptions to
provisions set forth in or issued pursuant to this chapter.
Section
4-10 Special authorisation
The ministry may decide that
construction of aircraft, manufacture of accessories and spare
parts and performance of defined servicing, repairs and alteration
work on aircraft, accessories and spare parts may only be
undertaken by people that have been granted special authorisation
or by authorised companies.
The ministry shall issue further
rules in regard to suspension and revocation of such
special authorisation as mentioned
in the first paragraph.
Chapter V Staffing
Section 5-1 Staffing
Aircraft which are used for
aviation activities pursuant to this Act shall be staffed in a
manner
that promotes aviation safety.
The ministry shall issue further
regulations about staffing.
The owner or the operator of the
aircraft shall ensure that the aircraft is suitably staffed.
Section 5-2 Supervision of staff
The civil aviation authority shall
supervise compliance with the provisions regarding staffing. It
may allow this supervision to be
carried out by Norwegian or foreign experts that it appoints or by
a foreign authority.
Section 5-3 Requirements on flight crew members
Any person intending to perform
duties on an aircraft must fulfil the conditions set by the
ministry in respect of nationality, age, physical and mental
fitness, conduct, sobriety, education and training, etc
Section 5-4 Licences
Licences to serve onboard an
aircraft as a pilot or in some other capacity decided by the
ministry shall be issued by the
civil aviation authority to persons who substantiate their
fulfilment of the requirements established for the function to
which the licence applies.
Licences may be limited to aviation
using particular types of aircraft, aviation of a particular nature
or aviation within a particular area.
Licences shall be issued for a
specified period of time. On request, a licence shall be renewed
for a specific period of time, provided that the holder satisfies
the requirements applying to the service at the time of
renewal.
Section 5-5 Licensing requirements for flight crew members etc
Any person who performs duties on
an aircraft in a capacity as mentioned in section 5-4 shall have a
licence issued or approved by the civil aviation authority or a
licence that was issued or approved in a foreign state that has
signed an agreement with Norway concerning recognition of this
licence or permit in Norway.
In international aviation, however,
persons who serve on Norwegian aircraft shall have a flight crew
licence issued or approved by the Norwegian aviation authority.
For aviation within Norwegian
territory, the civil aviation authority may refuse to approve a
flight crew licence issued to a Norwegian citizen by a foreign
state.
Notwithstanding the provision of
the first paragraph, the civil aviation authority may grant special
authorisation to serve on an aircraft. Such authorisation may be
withdrawn at any time.
Section 5-6 Withdrawal of licences
The civil aviation authority may
withdraw a Norwegian licence for a specific period of time,
until
further notice or for the remaining
period for which it was issued if the holder, regardless of
whether he was on duty or off duty,
commits an offence that is of significance to his duties or
if he otherwise does not fulfil the
requirements for performing the service to which the licence
applies.
The licence shall be withdrawn for
at least one year if the holder is punished for having performed
duty on board the aircraft under the influence of alcohol (not
sober) or other intoxicating or narcotic substance. This also
applies in the event of infringement of the provision of section
6-11 second paragraph. If he has previously been punished during
the last five years for one of the aforementioned offences, the
licence shall be permanently withdrawn.
If the civil aviation authority has
grounds to believe that there are circumstances that may justify
withdrawal of a licence, it may immediately suspend the licence
until the issue of withdrawal has been decided. If a police inquiry
has been initiated against the holder of the licence, the police
have similar authority to provisionally suspend the licence, but
for no longer than three weeks without the consent of the civil
aviation authority.
In the event of a withdrawal order
being appealed, the appeals authority may reduce or extend the
period of withdrawal. If the licence has been withdrawn under the
rules of the second paragraph, the appeals authority may, on
application, reduce the period of withdrawal to less than the
minimum period that has been laid down, if there are exceptionally
extenuating circumstances and withdrawal for the entire period
determined would appear unreasonably harsh.
When a licence or permit is
withdrawn or suspended, the document shall be surrendered to the
civil aviation authority.
Section 5-7 Foreign licences
The provisions of sections 5-5 and
5-6 above regarding the issue, renewal and withdrawal of licences
apply to a corresponding extent to the civil aviation authority’s
recognition of foreign licences.
Section 5-8 Notification requirement for licence holders etc
Any person holding a licence issued
or approved by the civil aviation authority shall at the earliest
opportunity notify this authority of any circumstances that may be
of significance to the issue of whether he still fulfils the
requirements for the service.
The licence holder is obligated to
agree to undergo at any time any examinations and tests that the
civil aviation authority deems necessary.
Section 5-9 Exceptions
The civil aviation authority may
authorise an aircraft to be used for aviation for training purposes
and otherwise when there are special grounds, even when the
aircraft is not staffed in the manner prescribed in or pursuant to
this chapter.
Chapter
VI
Aircraft commander and duty on board
Section 6-1 Aircraft commander
There shall be an aircraft
commander on all Norwegian aircraft used for aviation activities
pursuant to this Act.
The aircraft commander has the
highest authority on board the aircraft.
Section 6-2 Aircraft commander’s duties
The aircraft commander shall ensure
that the aircraft is airworthy, complies with the environmental
requirements and is properly equipped, staffed and loaded and that
the flight is otherwise prepared for and conducted in accordance
with the applicable provisions.
The provision of section 4-7 second
paragraph concerning the duty to notify the relevant authorities of
matters of significance to the aircraft’s airworthiness and
compliance with environmental requirements and to supply all
information necessary for the performance of inspections applies to
a corresponding extent to the aircraft commander. Further, under
further regulations to be issued by the ministry, he has a duty to
notify the civil aviation authority of matters of significance to
the flight crew members’ fitness for duty.
Section 6-3 Aircraft commander’s authority
The aircraft commander shall
oversee the aircraft, the crew, the passengers and the cargo.
If he deems it necessary, he may
instruct crew members temporarily to perform other duties
than those for which they have been
employed.
Passengers are obligated to follow
such instructions regarding good conduct and orderliness on board
as are given by the aircraft commander, the responsible person in
the cabin or other crew members given authority by the aircraft
commander. Passengers may not behave in a way that endangers puts
the safety of the aircraft, its crew or other passengers.
The aircraft commander is entitled
to refuse to take aboard and to remove from the aircraft flight
crew members, passengers and cargo
if circumstances so require.
Section 6-4 Aircraft commander’s use of force etc
When it is necessary in the
interest of the safety of the aircraft or in order to protect
persons or property on board the aircraft or in order to maintain
order and obedience on board the aircraft, the aircraft commander
is entitled to use force and implement other measures insofar as
this is regarded as reasonable in the circumstances.
Every member of the flight crew has
a duty to assist the aircraft commander. At the request of the
aircraft commander, passengers may also provide assistance.
When it is urgently necessary in
the interest of the safety of the aircraft or in order to protect
persons or property on board the aircraft, crew members and
passengers may initiate preventive measures without the aircraft
commander’s request, including the use of force, insofar as this is
regarded as reasonable in the circumstances.
Section 6-5 Perpetration of criminal offences on board an aircraft
etc
In the event of a criminal offence
of a serious nature being committed on board an aircraft, the
aircraft commander shall as far as possible take any action
necessary to secure evidence that cannot be postponed without
detriment.
The aircraft commander shall as far
as possible make sure that the perpetrator does not escape and to
that end may place him in preventive detention if necessary. The
perpetrator may not be
detained without consent beyond the
point at which he can be handed over to the police in Norway or to
the relevant authority in another country.
The aircraft commander may
confiscate any objects that are believed to be significant as
evidence. He shall provide the police or other authority as
mentioned in the second paragraph with all the necessary
information and evidence that he has secured pursuant to the first
sentence.
The rules of section 6-4, second
paragraph, apply to a corresponding extent.
Section 6-6 Claims for damages as a result of measures pursuant to sections
6-4 and 6-5
If measures pursuant to sections
6-4 or 6-5 are implemented in a proper manner, damages may not be
sought from the aircraft commander, crew members or passengers for
injury to the person at whom the measure was directed, nor from the
owner or operator of the aircraft or the
party on whose behalf the journey
was undertaken.
Section 6-7 Aircraft documents
The aircraft commander shall ensure
that all prescribed aircraft documents are on board the aircraft
and are kept up to date in accordance with the regulations.
Section 6-8 Aircraft commander’s duties in emergency situations
In the event of the aircraft being
in an emergency situation, the aircraft commander shall do
everything in his power to safeguard the aircraft, persons on board
and cargo. If the aircraft must be abandoned, he shall as far as
possible ensure that the aircraft documents are brought to
safety.
Section 6-9 (Revoked)
Section
6-10 Flight crew’s duties
Any person who performs duties on
an aircraft shall obey his superior’s orders in the course of his
duties, show consideration for the aircraft, the people onboard and
the cargo and otherwise perform his duties conscientiously.
Section
6-11 Abuse of medication etc
No person may perform duties on
board an aircraft when under the influence of alcohol (not
sober) or other intoxicating or
narcotic substance or if they are unfit to perform their duties
in
a satisfactory manner as a result
of sickness, medication, fatigue or other similar cause. The
prohibition extends to consumption
of alcohol within 8 hours prior to the initiation of said
duties. Persons serving on an
aircraft may not have a blood alcohol concentration in excess of
0.02 percent. Misjudgement regarding the strength of the alcohol
concentration shall not exempt a person from punishment.
A person who has performed duties
on an aircraft must not drink alcohol or take any other
intoxicating or narcotic substance during the first six hours after
such duty, if he understands or ought to understand that a police
investigation may be initiated concerning his behaviour on duty.
This prohibition shall not apply once the police have allowed a
doctor to take blood samples or
have decided that blood samples
shall not be taken
.
If there is reason to believe that
a person has violated the provisions of the first or second
paragraph, the police may present
him for examination by a doctor, who may take blood samples. The
relevant ministry will issue further rules concerning medical
examinations and all matters related thereto.
Section
6-12 Scope of application of this chapter
The King will decide the extent to
which the provisions of this chapter shall be applied to
foreign aircraft within Norwegian
territory.
Chapter VII Airports and ground services
A General provisions
Section 7-1 Airports
Areas established as landing sites
for aircraft (hereinafter “airport”) and other aviation facilities
shall satisfy the safety requirements and other requirements laid
down by the ministry.
The ministry may issue regulations
about the conditions under which an area may be used as a
landing site without having been
specially adapted for this purpose.
The ministry will issue regulations
about the operation and maintenance of airports and
aviation facilities.
Section 7-2 Supervision
The civil aviation authority is
responsible for the supervision of airports and aviation
facilities
and shall otherwise ensure
compliance with provisions laid down in or pursuant to this
chapter. It is entitled to require access at any time to sites and
facilities and to other property to the extent necessary for the
performance of supervision.
Section 7-3 Regulation of air traffic
The ministry may designate areas
where air traffic shall be subject to special regulation.
Section 7-4 Air traffic service
An air traffic service shall be
established to ensure the safety and efficiency of aviation.
The ministry shall issue further
regulations regarding the air traffic service and shall decide the
extent to which it may be provided by non-governmental bodies.
The ministry shall lay down the
conditions that must be fulfilled by staff of the air traffic
service, and shall issue rules regarding licensing for such
service. Requirements as to background check may also be included
in the regulations.
The ministry shall issue further
rules in regard to suspension and withdrawal of such licence
as mentioned in the third
paragraph.
Section
7-4a Abuse of medication etc in air traffic service etc
The ministry may issue regulations
regarding the application of this Act section 6-11, cf. 14-
12, to persons serving in the air
traffic service or within a commercial aviation undertaking who
perform duties with regard to control of aircraft in the air or
radio communications.
B Licensing
Section 7-5 Airport licence
A licence from the ministry is
required to build, operate or own an airport for public use.
The ministry may decide that an
airport as mentioned in the first paragraph may, in view of its
nature, or the scope or duration of the traffic or other special
circumstances, be built, operated or owned without a licence.
Unless safety or noise
considerations require the application of the first paragraph of
this section, a licence shall not be required in cases of minor
clearing or construction activities if aircraft movements are
insignificant in number.
The ministry may issue
supplementary regulations regarding airport licences.
Section 7-6 When an airport licence may be granted
An airport licence may only be
granted when deemed compatible with general public interests.
Before the decision is made, statements shall be obtained from the
affected local government authorities and other authorities.
Section 7-7 Contents of licence
Licences shall be granted for a
specific period of time and on such conditions as are deemed
necessary.
Section 7-8 Redemption etc
On expiry of the period of licence
for an airport for public use, the government is entitled to
repurchase in whole or in part the
licensee’s facilities including the rights and movable property
against compensation to be determined by official appraisement. The
compensation shall equal t5he cost of acquiring a similar new
facility, calculated at the prices in effect at the time of
redemption less any depreciation in value due to age, use,
diminished functionality or the like. Sale value shall, however, be
employed in the case of items which are no longer obtainable.
Redemption may also be undertaken
in the licence period with one year’s notice when this is rendered
necessary by general considerations or public interests, and shall
in such case attract compensation in accordance with the standard
rules for expropriation.
Section 7-9 Withdrawal
An airport licence may be withdrawn
if licensing conditions, statutory provisions or regulations
governing the licensee’s activities are materially violated during
the performance of the activities.
Section
7-10 (Revoked)
C Approval
Section
7-11 Technical and operational approval of airports etc
Airports must be approved by the
civil aviation authority.
The ministry may adopt regulations
providing that an airport on account of its nature or the scope or
duration of the traffic or other special circumstances may be
operated without technical and operational approval.
The civil aviation authority may
set such conditions as it deems necessary for approval.
The civil aviation authority may
withdraw approval if a facility fails to satisfy the requirements
that govern approval of this kind of facility at any and all times,
or if the conditions set are materially disregarded.
If circumstances arise that may
entail that the facility no longer satisfies the requirements, the
licensee has a duty to notify the civil aviation authority as soon
as he becomes aware of the circumstance. If operating the facility
entails danger, the owner shall immediately cease operations and if
necessary close the facility without waiting for the civil aviation
authority’s decision.
D Obstructions to
navigation
Section
7-12 Plan of obstructions to navigation etc
The relevant ministry may decide
that a plan shall be prepared and approved for an airport laying
down height restrictions and any other restrictions on possession
that are deemed necessary in the area surrounding the airport with
regard to buildings, masts, cables, plants, activities that
interfere with airport operations and other obstructions to
navigation. In connection with seaplane bases and landing strips
for ski planes, the plan may also include the actual harbour
area.
Restrictions are normally to be
adopted through the establishment of a zoning plan in accordance
with the Planning and Building Act. A separate plan in pursuance of
the first sentence is only to be drafted if deemed necessary after
a concrete assessment.
The plan shall indicate the
boundary of the area it covers.
The validity of the plan may be
restricted to a particular period of time.
Section
7-13 Preparation of plan as mentioned in section 7-12
Once a decision has been made
pursuant to section 7-12, the civil aviation authority shall
prepare a draft plan in consultation with the planning authorities
of the affected local and county authorities.
The proposal shall be made
available at an appropriate site for review by affected parties.
The publication of the plan and the announcement that the plan has
been made available for inspection shall be in accordance with the
provisions of section 27-1 of the Planning and Building Act.
Once the case has been processed
the civil aviation authority shall advise the ministry, which then
approves the plan.
The civil aviation authority may
require the owner of the airport to obtain information about the
material and to provide any other assistance needed to process the
case. The ministry may order the owner to carry out tasks or parts
of tasks that rest with the civil aviation authority under the
first and second paragraphs.
Section
7-14 Announcement of the plan etc
The plan shall be made available
and announced as described in section 7-13 second paragraph. The
ministry may decide that the plan shall also be announced in other
ways.
Pursuant to requirements set by the
ministry, the plan shall be judicially registered in respect of
those properties which are expected to be significantly affected by
the restrictions on possession. If official appraisement is
requested under section 7-18, judicial registration shall always be
required in connection with those properties to which the petition
for the hearing of the case by official appraisement applies.
All expenses for announcement and
judicial registration shall be borne by the owner of the
airport.
Section
7-15 Non-compliance with the plan etc
The height restrictions and other
restrictions on possession that have been established in the plan
may not be violated without the prior consent of the ministry.
Conditions may be attached to such consent, for example, regarding
changes to or marking of the building or object concerned.
In the event of non-compliance with
the restrictions without consent, the civil aviation authority
shall set a time limit for the party concerned to rectify the
circumstance. The civil aviation authority may apply the same
measure if the conditions for consent under the first paragraph are
not complied with.
If this time limit is exceeded, the
civil aviation authority may take whatever action is necessary with
the assistance of the enforcement authority at the expense of the
party concerned. If the government does not have its expenses
reimbursed by him, it may demand that they be compensated by the
owner of the airport.
Section
7-16 Removal of obstructions to navigation
If on the entry into force of the
plan there is any obstruction to navigation in the area that is
in
conflict with the plan, this
obstruction shall be removed, unless the ministry consents to
allowing it to remain standing. The
rules of section 7-15 first paragraph second sentence and
the second and third paragraphs
apply to a corresponding extent. Expenses for measures pursuant to
section 7-15 third paragraph shall however be borne by the owner of
the airport, except in
cases where the provisions of
section 7-15 second paragraph second sentence are applied.
Section
7-17 Compensation in connection with restrictions on
possession
The owner of any property that is
affected by restrictions imposed on possession is entitled to
compensation from the owner of the airport if such restrictions
entail that the property cannot be used profitably in view of its
size and location and other circumstances, or if the owner of said
property in some other way suffers a loss of capital for which he
is entitled to be compensated according to general principles of
law. The provisions laid down here apply to a corresponding extent
to rights in real property.
Similarly, damages may be sought
from the owner of the airport if a person suffers injury or loss in
connection with measures pursuant to section 7-16.
However, damages may only be sought
if the owner of the property that is subject to restrictions on
possession has applied for and been refused exemption from the
restrictions, in accordance with section 7-15 first paragraph. The
government guarantees that the damages awarded shall be paid.
Section
7-18 Official appraisement
Actions for damages pursuant to
section 7-17 shall be decided by official appraisement.
Official assessment must be
demanded by the party that is claiming damages within the time
limit set in the plan. The time limit shall not be less than two
years from the announcement of the plan. The rule as regards
redress in the Courts of Justice Act of 13 August 1915 sections 153
to 158 applies to a corresponding extent.
Costs in connection with official
appraisement shall be borne by the owner of the airport, unless the
Court of Appraisement decides otherwise.
Section
7-19 Airport owner’s duties
The owner of the airport shall
ensure compliance with the restrictions on possession that have
been laid down. In the event of non-compliance, he shall notify the
civil aviation authority of the matter without delay.
Section
7-20 Modifications etc
The plan may be amended according
to the same procedure as laid down for preparation of a
new plan. However, modifications in
established restrictions on possession may not be made
without the prior publication of
the proposal for review.
Section
7-21 Period of validity
The plan will remain in force until
it is repealed by the ministry or its defined period of validity
expires.
The provisions of section
7-14 apply to a corresponding extent in the event of the plan being
repealed.
Section
7-22 Areas not covered by any plan
The ministry may issue provisions
regarding obstructions to navigation for areas that are not covered
by any plan. In such case the rules of section 7-15 first and
second paragraphs and third paragraph first sentence and of
sections 7-16 to 7-18 apply to a corresponding extent, except that
the expenses which according to sections 7-16 to 7-18 should rest
with the owner of the airport shall be borne by the government.
The ministry may adopt regulations
on reporting and marking of obstructions to navigation. The
entrepreneur or owner shall bear all costs of marking of
obstructions to navigation and of maintenance of the marking.
E Other provisions
Section
7-23 Use of airports
The ministry may issue regulations
concerning which airports may be used for international or domestic
aviation or for certain other types of aviation.
Section
7-24 Use of, access to and traffic at airports etc
The ministry may issue regulations
regarding rights of access to and traffic at airports and about
aircraft’s stopovers at airports. Requirements as to background
check may also be included in the regulations.
If an aircraft or parts of it or
items from it prevent or cause inconvenience to operations at an
airport, the owner of the airport may remove or move it at the
expenses of the owner of the aircraft if the aircraft owner does
not do this himself within a time limit set by the owner of the
airport. When fixing the time limit, due consideration shall be
given to the operation of the airport and the value of the
aircraft.
The owner of the airport has a
security interest for his expenses in objects mentioned in the
second paragraph that have been removed, confiscated or salvaged.
This security interest has precedence over all other claims
pursuant to the provisions regarding legal security interests, with
the exception of the application of the provisions of section
12-3. If the owner of the airport does not receive full coverage of
his expenses, the owner of the aircraft shall be liable for the
outstanding amount.
Section
7-25 Security checks on persons etc
When necessary in the interest of
aviation safety, security checks on people, luggage and
goods at the airport may be carried
out in accordance with regulations issued by the ministry.
The ministry may, on the same
conditions, issue regulations to the effect that the owner of a
public-use airport (pursuant to section 7-5), airlines, freight
agents or other parties that run operations connected with the
airport shall prepare and implement safety instructions.
Section
7-26 Setting fees
The ministry may set fees for the
use of public-use airports. The ministry may also set fees in
connection with other aviation facilities or services that are made
available to owners or operators of aircraft, regardless of whether
the aircraft make use of them or not.
Section
7-27 Special fees
With the consent of the Storting,
the ministry may decide that funds (fees) shall be levied on
passengers using a national airport for the special financing of
particular development measures at the airport concerned. The
ministry shall determine the rates and which categories of
passengers are to be encompassed by the scheme. Conditions may be
set for the use of these funds (the fees).
The funds (fees) may devolve on a
special financing company whose purpose is to finance
development projects as mentioned
in the first paragraph. The ministry may monitor the
company’s activities.
The ministry may issue provisions
regarding the duty of the aircraft owner or operator to assist
in
the implementation of the scheme
and is entitled to perform inspections to check that this
cooperation is in accordance with the provisions laid down.
The provisions of sections
13-2 and 13-7 of the Aviation Act apply to a corresponding
extent.
Section
7-28 Foreign aircraft’s access to airports etc
Airports and other civil aviation
facilities for public use shall be open to foreign aircraft on the
same conditions that apply to Norwegian aircraft in similar
international aviation, provided that agreements to this end have
been entered into with the relevant foreign state.
Section
7-29 Certification and withdrawal, suspension etc
The ministry lays down the
conditions that must be met by staff at airports, other aviation
facilities or outside aircraft in positions of significance to
aviation safety, and issues rules in regard to licensing and
permits for such duty.
The ministry may provide that
airport staff encompassed by the first paragraph shall notify
the civil aviation authority at the
earliest opportunity of circumstances that may be of significance
to the question of whether they still fulfil the conditions for
duty. Section 5-8 second paragraph
applies to a corresponding
extent.
The ministry issues rules about
suspension and withdrawal of licences as mentioned in the first
paragraph.
Chapter
VIII
Commercial aviation activities etc
A Air routes
Section 8-1 Concession requirements
A concession from the King is
required to operate aviation in commercial and regular traffic
(scheduled flights) within Norwegian territory, unless otherwise
provided by this Act, cf. especially section 16-1.
Aviation operated by authority of
an Air Transport Services Agreement requires approval by
the Ministry.
The King may decide that approval
pursuant to section 8-8 is sufficient for certain types of
scheduled flights.
Section 8-2 When an operating concession may be granted
A concession may only be granted
when this is compatible with general public interests.
Section 8-3 Requirements regarding Norwegian nationality
A concession to operate scheduled
flights exclusively within Norway may only be issued to a person
that can be considered Norwegian under section 3-2.
If the concessionaire no longer
meets the conditions of the first paragraph, the concession will
lapse unless the matter is rectified within a time limit set by the
relevant ministry.
If called for on special grounds,
the King may make exceptions to the provisions of this
section.
Section 8-4 Contents of the concession
Concessions are granted for a
specific period and on such conditions as are deemed necessary.
Section 8-5 The government’s right of redemption
The Norwegian government is
entitled to redeem the concessionaire’s company in whole or in
part, in accordance with the rules in section 7-8. The King may
make exceptions to this provision in connection with scheduled
services between Norway and other countries.
Section 8-6 Withdrawal
A concession may be withdrawn if
licensing conditions, statutory provisions or regulations
that apply to the licensee’s
operations are substantially breached during the performance of
the operations.
Section 8-7 Exceptions due to international agreements
When a concession is granted,
provisions of this chapter may be departed from to the extent
international agreements render this necessary.
B Other aviation
activities
Section 8-8 Requirement for operating authorisation
Any party intending to undertake
commercial aviation activities other than scheduled flights
within Norwegian territory must be
authorised to do so by the relevant ministry, except as otherwise
decided by the King. With regard to flight training, display
flying, competition flying or other aviation activities of a
special nature, the ministry may decide that such authorisation
shall be required even though the activities are not
commercial.
The provisions of sections
8-2 to 8-4, 8-6 and 8-7 apply similarly to such authorisation.
C Miscellaneous
provisions
Section 8-9 Right to turn over aircraft etc to others
The ministry may issue regulations
concerning the right to turn over aircraft, accessories or spare
parts to others for operation at their own expense.
Section
8-10 Authority to issue regulations regarding fares etc
The ministry may issue regulations
on fares and appurtenant conditions for scheduled flights, on the
mediation of scheduled flights and on overbooking.
The ministry may issue regulations
for aviation activities encompassed by section 8-8.
Section
8-11 (Revoked)
Chapter
IX
Provisions regarding air traffic etc
Section 9-1 Authority to issue regulations for air traffic and
operations
The ministry shall issue
regulations about what precautions must be observed in order to
avoid collisions between aircraft or other air accidents and
otherwise in order to ensure safety against hazards and
inconveniences, including noise pollution resulting from aviation
activities.
The ministry shall issue further
regulations about matters related to air operations.
Section 9-2 Setting flight paths etc
The ministry may set flight paths
which aircraft shall follow within Norwegian territory and may
issue special regulations for aircraft due to cross the Norwegian
border, stipulating where the border may be crossed and which
airports aircraft shall use for departure or arrival.
Section 9-3 Order to land etc
If required in the interest of
public order or safety, the relevant authority may order an
aircraft to land. Landing shall be carried out as quickly as
possible. In the absence of other instructions, the aircraft shall
land at the nearest, domestic, public-use airport where it is
possible to land.
In the event of an aircraft
entering an area where aviation is prohibited, the aircraft shall
leave the area without delay, inform the relevant authority of the
matter at the earliest opportunity and, if no other instructions
are issued by the authority, land at the nearest, domestic,
public-use airport where it is possible to land.
If an aircraft fails to comply with
the provisions of the first or second paragraph, the
authority concerned may apply compulsory measures to prevent the
aircraft from continuing its flight.
Section 9-4 Carrying war material
War material must not be carried on
aircraft without permission from the relevant ministry. The
ministry shall issue regulations concerning what constitutes war
material and may make exceptions from the provision of the
first sentence.
In the interest of public order or
safety, the ministry may also prohibit or issue regulations
concerning the carriage of goods other than war materials.
The ministry may prohibit or issue
regulations concerning the right to carry and use photographic
equipment on board aircraft.
Section 9-5 Aircraft documents
Where the circumstance is not
regulated by special statutory provisions, the ministry shall
determine which aircraft documents an aircraft shall have, the
extent to which they must be carried onboard and how they shall be
established, updated and stored.
Section 9-6 Right to inspect aircraft documents
Any person for whom it holds a
legal interest may request the right to inspect the contents of
aircraft documents.
Section 9-7 Requirements regarding documents etc for the flight crew on an
aircraft
The ministry issues regulations
about the extent to which people serving on board aircraft shall
be
required to have their licences,
permits and other documents with them.
Section 9-8 Authority’s right of examination
The authority concerned is entitled
to examine the aircraft and check the aircraft documents
and those documents that the flight
crew members on board are required to have.
Chapter X Transport by air
A Scope
Section
10-1 Scope of this chapter
The provisions of this
chapter apply to the carriage by air of passengers, luggage and
cargo against payment. Where the transport is performed by an air
transport undertaking, the rules of this chapter shall also apply
to carriage without payment.
Section
10-2 Transport of post etc
In connection with the transport of
post, the carrier is answerable directly to the postal operator
only. Responsibilities and liabilities are not regulated by the
provisions of this chapter, but by special rules that apply between
the carrier and the postal operator.
The provisions regarding transport
documents in sections 10-3 to 10-8 shall not apply if the transport
is performed under unusual conditions and falls outside normal
aviation activities.
B Transport
documents
Section
10-3 Issue of ticket
In connection with the transport of
passengers, a ticket must be issued. Tickets may be
for individuals or for groups. A
ticket shall contain:
1. details of the place of
departure and the place of destination; and
2. details of at least one stopping
place if the place of departure and the place of destination are in
the same country and one or more stops if they are in a different
country.
It is not necessary to issue a
ticket if the particulars required by the first paragraph nos. 1
and 2 have been registered by other means. In such case the carrier
shall offer the passenger a written document containing information
as mentioned.
The passenger shall be informed in
writing that the Montreal Convention, when it is applicable,
regulates the liability of an air carrier in the event of the death
or injury of a passenger, loss of baggage or cargo or delay. The
passenger shall also be informed that the rules of the Montreal
Convention may limit the liability of the carrier.
The air transport contract and
the provisions of this chapter apply notwithstanding
non-compliance with the provisions of this section.
Section
10-4 Luggage identification tag
The carrier shall issue a luggage
identification tag to the passenger for each item of luggage that
has been checked in.
The air transport contract and the
provisions of this chapter apply notwithstanding non-compliance
with the provisions of this section.
Section
10-5 Air consignment note
In connection with the transport of
goods, an air consignment note must be issued.
It is not necessary to issue an air
consignment note if the particulars of transport have been
registered by other means and the consignor consents to this. In
such case the carrier shall give the consignor a receipt for the
goods at the consignor’s request. The receipt for the goods shall
contain sufficient information to allow identification of the goods
and shall entitle the consignor to the information that is
registered about the carriage.
Section
10-6 Completion of air consignment note etc
The air consignment note shall be
completed by the consignor in triplicate. The first copy shall be
for the carrier and must be signed by the consignor. The second
copy shall be for the recipient (the consignee) and must be signed
by both the consignor and the carrier. The third copy shall be
signed by the carrier and shall be returned to the consignor once
the goods have been received. Signatures may be printed or replaced
by stamps.
If the carrier has completed the
air consignment note at the consignor’s request, he shall be
considered as having done so on behalf of the consignor, in the
absence of proof to the contrary.
Section
10-7 Issue of special air consignment note
The carrier may require the
consignor to complete a special air consignment note if the
consignment consists of several packages.
If the procedure described in
section 10-5 second paragraph is applied, the carrier shall issue
the consignor with a special receipt for the goods at the
consignor’s request.
Section
10-8 Content of air consignment note and receipt for goods
The air consignment note and the
receipt for the goods shall contain:
1. details of the place of
departure and the place of destination; and
2. details of at least one stopping
place if the place of departure and the place of destination are in
the same country and one or more stops if they are in a different
country.
3. the weight of the
consignment.
Section
10-9 Validity of air transport contract
The air transport contract shall be
valid and the provisions of this chapter shall apply
notwithstanding non-compliance with the provisions of
sections 10-5 to 10-8.
Section
10-10 Responsibility for statements in air consignment note
etc
The consignor shall be responsible
for the correctness of the statements and particulars that he or a
person acting on his behalf has entered on the air consignment
note. The same applies to information provided for registration or
for inclusion in receipt for the goods. The consignor shall also be
responsible under the first and second sentences where he or a
person acting on his behalf is also the carrier’s agent. If the
statements and particulars about the goods are incorrect or
incomplete, the consignor shall be liable for all damage suffered
by the carrier or any other person to whom the carrier is
liable.
If the consignor is not responsible
pursuant to the first paragraph for incorrect or incomplete
statements and particulars that were registered or included in the
receipt for the goods, the carrier shall be liable for all damage
suffered by the consignor or any other person to whom the consignor
is liable. The condition is that the carrier made an error when
entering the consignor’s particulars in the receipt for the goods
or upon registration. The same applies if a person acting on the
carrier’s behalf entered the particulars on the receipt for the
goods or registered this information.
Section
10-11 Air consignment note and receipt for goods etc
In the absence of proof to the
contrary, the air consignment note or the receipt for the goods
shall be prima facie evidence of the conclusion of the contract of
carriage, of reception of the goods and of the conditions of
carriage included in the air consignment note or the receipt for
the goods.
In the absence of proof to the
contrary, the statements entered on the air consignment note or the
receipt for the goods regarding the weight, dimensions, packing and
number of packages of the consignment shall be regarded as correct.
However, other statements on the air consignment note regarding the
quantity, volumes and condition of the goods do not constitute
evidence against the carrier, unless he has checked them in the
presence of the consignor and confirmed this in writing on the air
consignment note or the statements relate to the apparent condition
of the goods.
C Disposition of goods and
hand-over of goods
Section
10-12 Consignor’s right of disposition etc
Provided that the consignor has
fulfilled his obligations in accordance with the contract of
carriage, he has the right to
dispose of the goods by withdrawing them at the airport of
departure or destination or by
stopping them in the event of landing during the course of the
journey or by allowing them to be
delivered – at the place of destination or during the course
of the journey – to a person other
than the recipient named in the air consignment note or receipt for
the goods or by requiring them to be returned to the airport of
departure. However, the consignor may only exercise his right of
disposition of the goods on condition that it is not detrimental to
the carrier or other consignors, and he must reimburse any costs
that are incurred. If the consignor’s orders cannot be carried out,
the carrier must notify him without delay.
If the carrier carries out the
consignor’s orders without having been shown the copy the air
consignment note that was given to the consignor or the receipt for
the goods, the carrier shall be liable for any damage that might be
suffered by any person who is lawfully in possession of the air
consignment note or the receipt for the goods, but shall have
recourse against the consignor.
The consignor’s rights cease at the
moment when the recipient’s rights under section 10-13 come into
play. If the recipient refuses to accept the goods or if he cannot
be reached, the consignor shall resume his right of disposition of
the goods.
Section
10-13 Hand-over of goods
When the goods have arrived at the
place of destination, the recipient may, except in circumstances as
mentioned in section 10-12, require the carrier to hand over to him
the goods
to him on payment of the charges
due and provided that he otherwise has complied with the
conditions of carriage set out in
the air transport contract.
Except as otherwise agreed, the
carrier shall notify the recipient as soon as the goods have
arrived.
Section
10-14 Lost goods
If the carrier admits the loss of
the goods or if they have not arrived at the latest seven days
after they were due to arrive, the recipient shall be entitled to
bring to bear against the carrier the rights conferred on him by
the contract of carriage.
Section
10-15 Invalid contracts of carriage
Any contract that deviates from
the provisions of sections 10-12, 10-13 or 10-14 shall be
null and void, unless such agreement has been included in the air
consignment note or the receipt for the goods.
Section
10-16 Consignor’s liability and obligations etc
The carrier may request the
consignor to issue a document stating the nature of the goods where
such documentation is required by the customs and excise
authorities, the police or other public authorities. This shall not
entail any obligation or responsibility for the carrier.
The consignor shall be obliged to
supply any information and produce any documents that are necessary
to comply with requirements of the customs and excise authorities,
police or other public authorities before the goods can be handed
over to the recipient. He shall be liable to the carrier for any
damage occasioned by the absence, incompleteness or irregularity of
any such information or documents, unless the carrier or his agents
are guilty of errors or negligence.
The carrier shall be under no
obligation to enquire into the correctness or completeness of
such
information or documents.
D Carrier liability
Section
10-17 Liability for injury and death
The carrier shall be liable in the
event of the death or physical or other injury of a passenger,
provided that the incident that caused the injury took place on
board the aircraft or in connection with the passenger’s embarking
or disembarking from the aircraft.
Section
10-17a EEA rules
Annex XIII (Transport) to the
European Economic Area Agreement (Council Regulation
(EC) no. 2027/97 on air carrier
liability in the event of accidents as amended by Council
Regulation (EC) no. 889/2002) applies as law, subject to the
modifications entailed by Annex XIII, Protocol 1 to the Agreement
and the Agreement in general.
Section
10-18 Liability for luggage
The carrier shall be liable for
damage to or the destruction or complete or partial loss of
checked-in luggage, provided that the occurrence that caused the
damage took place on board the aircraft or in the course of the
passenger’s embarking or disembarking from the aircraft or while
the luggage was in the charge of the carrier. However, the carrier
shall not be liable to the extent that the damage was caused by the
inherent nature of the goods or by defects or deficiencies in the
goods.
In the case of luggage which has
not been checked in, including personal effects, the carrier shall
be liable if the damage was caused by error on the part of the
carrier, his employees or others for whom the carrier is
responsible.
The passenger may bring to bear his
rights under the first and second paragraphs if the checked-in
luggage has not arrived at the latest 21 days after it should have
arrived, or if the carrier acknowledges that checked-in luggage is
lost.
Section
10-19 Limitation of carrier liability
The carrier shall be liable for
loss sustained as a result of damage to or complete or partial loss
of any goods resulting from an occurrence taking place during air
transport. Nevertheless, the carrier shall not be liable to the
extent that he can prove that the damage was caused by:
1. the inherent nature of the goods
or by defects or deficiencies in the goods,
2. inadequate packing of the goods
that was performed by someone other than the
carrier, his employees or someone
for whom he is responsible,
3. acts of war or armed conflict,
or
4. exercise of public authority in
connection with the import, export or transhipment of the
goods.
In this section, transport by air
comprises the period during which the goods are in the charge of
the carrier. Transport by air does not include carriage by land or
by water performed outside an airport. However, if such a carriage
takes place in connection with loading, delivery or transhipment
under an air transport contract, any damage shall, in the absence
of proof to the contrary, be considered to have been caused by an
event that taking place during transport by air. If the carrier,
without the consignor’s consent, completely or partly replaces the
agreed air transport with another mode of carriage, such other
carriage shall for the purposes of this Act be regarded as part of
the transport by air.
Section
10-20 Liability for delays
The carrier shall be liable for
loss resulting from delay in the transport by air of
passengers,
luggage or goods, unless he proves
that he personally and his agents took all precautions that can
reasonably be expected to avoid such loss, or that it was not
possible for them to take such precautions.
Section
10-21 Contributory negligence on the part of plaintiff etc
Damages under this chapter shall be
reduced or refused where the carrier proves that the plaintiff, or
the party from whom the plaintiff derives his right, through his
own fault contributed to the damage. Where a passenger is killed or
injured and a party other than the passenger himself seeks damages,
compensation shall also be reduced or refused if the carrier proves
that the passenger through his own fault contributed to the
damage.
Any reduction or refusal of
compensation for damage under the first paragraph shall be made
after an assessment of what is reasonable in light of the degree of
contributory negligence.
Transport by air within Norwegian
territory that is performed without stops in foreign territory is
subject to the provisions of sections 5-1 and 5-2 of Act no.
26 of 13 June 1969 relating to Compensation in Certain
Circumstances.
Section
10-22 Limitation of carrier liability
In connection with the transport of
passengers, the carrier may not disclaim or limit liability under
section 10-17 that does not exceed 100 000 SDRs for each individual
passenger. In the case of amounts in excess of 100 000 SDRs for
each individual passenger, the carrier shall not be liable under
section 10-17 provided the said carrier proves that:
- the damage was not caused by wrongdoing on the part of the
carrier, his employees or others for whom he is responsible,
or
- the damage was caused exclusively by wrongdoing of a third
party.
Carrier liability for loss incurred
as a result of delay in the carriage of passengers shall be limited
to 4 150 SDRs per passenger.
In connection with the transport of
luggage, carrier liability for loss incurred as a result
of luggage being delayed, damaged
or completely or partly lost shall be limited to 1 000 SDRs per
passenger. If, on handing over checked-in luggage to the carrier,
the passenger makes a special declaration of the value of the goods
and pays a fixed additional charge, the declared amount shall be
the limit for carrier liability. However, this shall not apply
where the carrier proves that the value of the goods is less than
the declared amount.
In connection with the transport of
goods, carrier liability for loss incurred as a result
of goods being delayed, damaged or
completely or partly lost shall be limited to 17 SDRs per
kilogramme. If, on hand-over of checked-in goods to the carrier,
the consignor makes a special declaration of the value of the goods
and pays a fixed additional charge, the declared amount will be the
limit for carrier liability. However, this shall not apply where
the carrier proves that the value of the goods is less than the
declared amount. If only one part of the goods is delayed, damaged,
or completely or partly lost, only the combined weight of the items
concerned shall be taken into account when the limit on carrier
liability is determined. If the value of other items included in
the same air consignment note, receipt for goods or registration by
other means, cf. section 10-5 second paragraph, is affected, these
items shall be included.
The limits on liability of the
second and third paragraphs shall not apply where it is proved that
the carrier himself or his employees or others for whom he is
responsible have in the course of their duties or office caused the
damage with intent or through gross negligence in the knowledge
that damage was likely to be caused.
Notwithstanding the liability
limits in this section, legal costs including interest may be
awarded to the plaintiff. However, this does not apply if, within
six months of the date of the damage or before the institution of
legal proceedings, the carrier has offered the injured party in
writing compensation that is not less than the adjudicated amount,
not including legal costs.
For the purposes of this Act
“special drawing right” (SDR) shall mean the special drawing right
as defined by the International Monetary Fund. In the event of
legal action, the liability limits shall be converted into
Norwegian currency in accordance with the value of the Norwegian
krone expressed in Special Drawing Rights on the date on which
judgment is pronounced.
Section
10-22aDisbursement of advance
In the event of an aircraft
accident resulting in the death or physical or other injury of a
passenger, the carrier shall immediately, and not later than 15
days after the said passenger is identified, make an advance
payment of compensation to physical persons entitled to claim
compensation, to meet their immediate economic needs. The size of
the advance shall be in proportion to the hardship suffered. Such
advance payment shall not constitute recognition of liability, and
may be offset against any subsequent sums paid on the basis of air
carrier liability.
In the event of the passenger’s
death the advance shall constitute at least 16 000 SDRs per
passenger.
The advance is not returnable
except in cases mentioned in section 10-21 first paragraph, or
where it is proved that the recipient of the advance payment was
not the person entitled to compensation.
Section
10-23 Right to disclaimliability by agreement
The carrier may agree that no limit
on liability shall apply to the carriage, or that higher liability
limits shall apply than those set forth in section 10-22.
Any provision intended to relieve
the carrier of liability or to fix a lower limit than that provided
in section 10-22 shall be null and void.
Section
10-24 Extentof liability limits in section 10-22
The limits on liability set forth
in section 10-22 apply regardless of the basis of liability
that
is invoked.
Section
10-25 Carrier’s liability as employer
In the event of legal action being
brought against the carrier’s employees or agents for
damage they have caused in the
course of service or assignment for the carrier, the total
compensation for damage that can be imposed on them and the carrier
shall not exceed the limit applying to the carrier.
Except in regard to the carriage of
goods, the provision of the first paragraph shall not apply where
it is proved that a person as mentioned in the first paragraph has
caused the damage with intent or through gross negligence in the
knowledge that damage was likely to be caused.
Section
10-26 Recipient’s complaint
If checked-in luggage or goods are
received by the recipient without complaint, the goods shall be
assumed to have been delivered in good condition and in compliance
with the transport documents or with particulars registered by
other means, cf. section 10-5 second paragraph first sentence,
except as proved to the contrary.
If the goods are damaged or
partially lost, the recipient must submit a complaint to the
carrier
regarding the matter immediately
after the damage or loss is discovered and within seven days at the
latest in the case of luggage, and fourteen days in the case of
goods, of the consignment being received. In connection with
delays, any complaint must be submitted within 21 days of the date
on which the goods were placed at the recipient’s disposal.
All complaints shall be in writing
and shall be delivered or dispatched by the date on which the time
limit expires.
Section
10-27 Lapse of claims for damages pursuant to section 10-26
If a complaint regarding damage is
not submitted by the date on which the time limits set forth in
section 10-26 expire, any right to damages from the carrier shall
be forfeited, unless he has acted fraudulently.
Section
10-28 Legal venue
Any action for damages pursuant to
this chapter must be brought before a Norwegian court or before a
court in another state that has acceded to the Montreal Convention,
either in the carrier’s place of residence or in the place where
the company or the division of the company that made the contract
of carriage has its head office or at the place of destination.
In the event of death or injury of
a passenger, actions may also be brought before a court in the
state where the passenger had his place of residence at the time of
the accident, provided the carrier:
1. is engaged in air transport to
or from that state, either with his own aircraft or with aircraft
belonging to another carrier, by business agreement with the
latter, and
2. the carrier, also in that state,
is engaged in air transport operations in premises owned or rented
by the carrier himself, or by another carrier with whom he has a
business agreement. Action under the first sentence must be brought
in district that was the passenger’s judicial district at the time
of the accident.
Section
10-29 Expiry of limitation period respecting claims for
compensation
The right to damages under this
chapter shall be forfeited if legal action is not instituted within
two years reckoned from the aircraft’s arrival in the place of
destination or from the date on which it should have arrived or on
which the carriage was interrupted.
Section
10-30 Apportionment of liability between carriers etc
Where transport, which pursuant to
one or several contracts of carriage comprises a unit, is to be
performed by several successive carriers, each carrier that accepts
the passenger, the checked-in luggage or the goods shall be liable
for that part of the carriage for whose performance he is
responsible.
In regard to the transport of
checked-in luggage or of goods, the consignor may also keep to the
first carrier, and the person who is entitled to delivery, to the
last carrier, even if the damage, loss or delay occurred while the
goods were in the charge of another carrier. Where two carriers are
liable, they shall be jointly and severally liable.
E Carriage performed by a
carrier other than the contracting carrier
Section
10-31 Scope of application
The provisions of sections
10-32 to 10-36 shall apply where the carriage is performed in whole
or in part by a carrier other than the one that concluded the
contract of carriage, unless it is proved that that this was done
without the consent of the contracting carrier.
The provisions of sections
10-33, 10-35 and 10-36 apply only to that part of the carriage
that
is not performed by the contracting
carrier.
Section
10-32 Who shall be regarded as carrier
Both the carrier that concluded the
contract of carriage and the carrier that performs it in whole or
in part shall be regarded as carriers under the rules of this
chapter. For the contracting carrier this applies to the entire
carriage, but for the executing carrier this only applies to the
part of the carriage that he performs.
Section
10-33 Objective identification of a carrier with persons in his
service etc
When carrier liability is assessed,
acts and omissions on the part of the other carrier or of persons
in the latter’s service shall be regarded as having the same effect
as the contracting carrier’s own acts and omissions. However, this
shall in no case entail that the liability of the executing carrier
exceeds the limits set forth in section 10-22.
If the contracting carrier has
assumed obligations beyond those set forth in this chapter, or
the
passenger or consignor has declared
a special interest in accordance with section 10-22 third
paragraph, this will not have
effect in relation to the executing carrier, unless agreed to by
him.
Section
10-34 Addressee for notices and complaints etc
Any message or complaint which
under the provisions of this chapter is addressed to one
carrier shall also have effect for the other. Orders as mentioned
in section 10-12 shall only have effect if addressed to the
contracting carrier.
Section
10-35 Limitation of liability
The contracting carrier and the
executing carrier and persons in their service, considered as a
whole, are not liable for amounts exceeding the highest sum of
damages for which either of the carriers is liable. None of the
persons mentioned shall be liable for a sum in excess of the limit
applicable to him.
Section
10-36 Legal venue etc
Regardless of whether they are
brought against both carriers or only one of them, actions for
damages may be brought before a
court which pursuant to section 10-28 is competent to hear a case
against the contracting carrier or before a court at the place of
residence of the executing carrier or at the place where his
company has its head office.
If action is brought against only
one carrier and he – in the event of losing the case – intends to
claim recourse against the other carrier, he may raise such claim
in the case under the Civil Procedure Act section 69, even if the
court is not the appropriate legal venue for the claim pursuant to
the general rules.
F Other
provisions
Section
10-37 Combined carriage etc
In regard to carriage that is
partly performed by aircraft and partly by other means of
transport, this chapter applies only to the carriage by air. Under
section 10-19 second paragraph fourth sentence this chapter
nonetheless applies to carriage by other means of transport.
Conditions applying to the other
methods of transport may be included in the air transport
documents.
Section
10-38 Limitation of liability in contract of carriage etc
Any reservations in the contract of
carriage and special agreements entered into before the
damage occurred shall be null and
void if they entail that a dispute shall be settled under a law
that is in conflict with the provisions of this Act concerning
transport or at a different legal venue than the one stipulated in
this chapter.
However, notwithstanding the first
paragraph it may be agreed in writing that a dispute shall be
settled by arbitration, provided that the arbitration proceedings,
as requested by the plaintiff, take place at the correct legal
venue pursuant to section 28, and provided that the case is settled
in accordance with the provisions of the Montreal Convention.
Any arbitration provision that is contrary to this shall be
void.
Section
10-38aInsurance obligation
Norwegian carriers shall take out
sufficient insurance to cover their liability for damages under
this chapter. The Norwegian state may, when it is the carrier, be
its own insurer.
Foreign carriers that transport
passengers, luggage or goods to, from or by way of Norway shall be
able to document sufficient insurance to cover their liability for
damages under this chapter The first paragraph second sentence
applies to a corresponding extent where a foreign state is
carrier.
The ministry may issue further
regulations on the insurance obligation, including on the size of
the insurance and on the effect of failure to renew such insurance.
The ministry may in regulations impose conditions on a state
intending to act as its own insurer, including requirements as to
documentation.
The EEA Agreement Annex XIII
(Regulation (EC) No 785/2004 of the European Parliament and of the
Council of 21 April 2004 on insurance requirements for air carriers
and aircraft operators) applies as law, subject to the
modifications entailed by Annex XIII, Protocol 1 to the Agreement
and the Agreement in general. The Regulation mentioned in the first
sentence also applies to carriage undertaken without payment.
Section
10-39 Exceptions for domestic air transport
In regard to domestic transport by
air without agreed stops in foreign states, the ministry may allow
carriage without the issue of a passenger ticket, luggage
identification tag or air consignment note, even though this
information is not registered by any other means.
Section
10-40 Montreal Convention
“Montreal Convention” means the
Convention for the Unification of Certain Rules
Relating to International Carriage
by Air, signed at Montreal on 28 May 1999.
“Warsaw Convention” means the
Convention for the Unification of Certain Rules Relating to
International Carriage by Air which was signed on 12 October 1929,
as amended by the Hague Protocol on 28 September 1955.
Section
10-41 Limitation of the scope of this chapter
The provisions of this chapter do
not apply to transport by air that is exempted from the Montreal
Convention’s scope of application in accordance with a reservation
made by a state party under Article 57 of the Convention.
Chapter
XI
Liability and insurance respecting damage and loss
to
third parties
Section
11-1 Strict liability for damage to third parties etc
Regardless of fault or negligence,
the owner of an aircraft is invariably liable for damage or
losses that are suffered outside
the aircraft as a result of the aircraft being used for aviation.
If
the aircraft is registered in the
Norwegian Civil Aircraft Register, the owner of the aircraft is
considered to be the party recorded
as the owner of the aircraft in the register.
Where the aircraft, pursuant to a
lease agreement approved by the civil aviation authority, is
utilised in commercial aviation operations by a party other than
the owner, the party recorded in the lease agreement as possessor
of the aircraft shall be jointly and severally liable with the
owner under the first paragraph.
The first and second paragraphs do
not apply to:
1. damage to another aircraft or
injury to persons or damage to objects in such aircraft,
2. injury to persons or damage to
objects that are covered by carrier liability pursuant to
chapter X.
Section
11-2 Insurance obligation etc
Except as otherwise decided by the
ministry, all aircraft be used for aviation activities pursuant to
this Act shall have valid, approved insurance or other security to
cover liability as mentioned in section 11-1 and insurance in
accordance with Regulation (EC) No 785/2004 of the European
Parliament and of the Council of 21 April 2004 on insurance
requirements for air carriers and aircraft operators, cf. section
10-38a fourth paragraph.
---
The ministry may issue further
regulations regarding insurance or security, including
regulations on the effect of
failure to maintain such insurance or security.
Chapter XII Notification, reporting and investigation of
civil aviation accidents and civil aviation incidents etc
A Common provisions
Section
12-1Investigating authority’s tasks and independence
Investigation of civil aviation
accidents and civil aviation incidents shall be conducted by such
authority as the ministry prescribes. The purpose of investigation
is to improve safety and prevent civil aviation accidents.
The investigating authority shall
clarify the course of events and causal factors, elucidate factors
of significance for preventing civil aviation accidents and submit
investigation reports as mentioned in section 12-21.
The investigating authority shall
not take a position on culpability and liability under civil law or
criminal law. Investigation shall be conducted independently of any
other investigation or enquiry with wholly or partially the same
purpose.
The ministry may issue
supplementary regulations concerning the investigating authority’s
work under this chapter, including regulations on cooperation and
exchange of information with other countries and international
organisations to the extent required by international agreements
which Norway has entered into.
Section
12-2Civil aviation authority’s tasks under this chapter
The civil aviation authority shall
establish an arrangement for the collection, processing,
evaluation, storage and management of information for the purpose
of preventing civil aviation accidents. The civil aviation
authority shall also have responsibility for the exchange of such
information in relation to foreign and international authorities
and organisations working with air safety.
The civil aviation authority shall
review the reports submitted by the investigating authority with a
view to identifying and putting in place measures which can improve
air safety. The civil aviation authority may issue any party
engaged in activity under this Act with an order to follow up
safety recommendations.
The ministry may issue
supplementary regulations concerning the civil aviation authority’s
work under this chapter, including regulations on cooperation and
exchange of information with other countries and international
organisations to the extent required by international agreements
which Norway has entered into.
Section
12-3
Definition of civil aviation accident and civil aviation
incident
“Civil aviation accident” means an
undesired event associated with the operation of an aircraft which
takes place between the time any person boards the aircraft with
the intention of flight until such time as all such persons have
disembarked, in which a person is fatally or seriously injured or
the aircraft sustains substantial damage.
“Civil aviation incident” means an
operational interruption, defect, fault or other irregular
circumstance that has or may have influenced flight safety and that
has not resulted in a civil aviation accident.
“Serious civil aviation incident”
means an incident involving circumstances indicating that an
accident nearly occurred.
The ministry may in regulations
issue supplementary rules concerning what is to be regarded as a
civil aviation accident, civil aviation incident and serious civil
aviation incident.
B Notification of civil
aviation accidents and civil aviation incidents etc
Section
12-4General obligation to notify
Anyone who witnesses a civil
aviation accident shall immediately notify the nearest air traffic
service unit, the nearest police authority or the Rescue
Coordination Centre of the accident. However, this does not apply
if the person concerned knows that notification has already been
given. The same applies to anyone who finds an aircraft, parts of
an aircraft or other items in circumstances indicating that a civil
aviation accident has occurred. Those who receive notification
shall immediately notify one another, as well as the investigating
authority and the civil aviation authority.
The ministry may issue regulations
concerning the obligation to notify and the forwarding of
notification under the first paragraph.
Section
12-5 Obligation of particular categories of persons to
notify
Should a civil aviation accident
occur, the commander of the aircraft, other crew members, the
operator of the aircraft, the owner of the aircraft, employees of
the air safety service and ground service shall immediately notify
the nearest air traffic service unit, the nearest police authority
or the Rescue Coordination Centre of the accident. However, this
does not apply if the person concerned knows that notification has
already been given. The same applies to anyone who finds an
aircraft, parts of an aircraft or other items in
circumstances indicating that a civil aviation accident has
occurred. Those who received notification shall immediately notify
one another, as well as the investigating authority and the civil
aviation authority.
Should a serious civil aviation
incident occur, the commander of the aircraft, other crew members,
the operator of the aircraft, the owner of the aircraft, employees
of the air safety service and ground service shall immediately
notify the investigating authority of the incident. However, this
does not apply if the person concerned knows that notification has
already been given. The investigating authority shall notify the
civil aviation authority.
The ministry may issue regulations
concerning the obligation to notify and the forwarding of
notification under the first paragraph.
C Search and rescue
service
Section
12-6Competence to make regulations etc
The ministry shall issue
regulations concerning search and rescue services in the event that
an aircraft is missing, is in distress or has crashed, including
provisions concerning the duty of individuals, enterprises and
organisations to assist in the preparation and implementation of
search and rescue measures, and concerning remuneration for such
assistance.
Section
12-7Reimbursement of expenses on a search operation etc
The ministry concerned may, where
there are grounds for doing so and no international agreement
prevents it, order the owner or operator to reimburse in whole or
in part the government’s expenses on searching for a missing
aircraft. The same applies to rescue expenses to the extent they
are not met by salvage money.
D Salvage
Section
12-8Salvage money etc
Anyone who salvages or assists in
salvaging an aircraft which is in distress or has crashed, goods on
board or anything belonging to such aircraft or goods, shall be
entitled to salvage money under the rules of the Norwegian Maritime
Code chapter 16, whether the salvage operation has taken place at
sea, on land or in the air. Anyone who has rescued or assisted in
the rescue of persons from an aircraft during the distress which
occasioned the salvage operation shall also be entitled to a share
of the salvage money.
Compensation may also be demanded
for extraordinary expenses necessary for the preservation of the
aircraft or goods from the aircraft. The rules mentioned in the
first paragraph concerning salvage apply to a corresponding extent
to such compensation.
If the salvage operation has been
terminated in Norway, the creditor has right of retention and a
security interest in the aircraft or the goods with priority
ranking above all other rights. Where more than one security
interest is present, they shall be satisfied in the inverse order
of the dates of the incidents in connection with which they have
arisen. The owner of the goods is not personally liable for
satisfaction.
A security interest in goods
becomes void when the goods are surrendered, and a security
interest in an aircraft becomes void after three months unless such
interest is noted in the Norwegian Civil Aircraft Register and the
amount is approved or action brought concerning the security
interest. Action may be brought in the locality where the salvage
operation was terminated, or where the aircraft or the goods are
present.
E Reporting and collection of
information on civil aviation accidents and civil aviation
incidents etc
Section
12-9Reporting of information
The ministry may in regulations
provide that the following persons shall report information on
civil aviation accidents and civil aviation incidents to the
investigating authority and the civil aviation authority:
- commanders of aircraft and other crew members,
- operators and owners of aircraft,
- designers and manufacturers of aircraft, as well as persons
performing maintenance or modification of aircraft,
- persons who sign certificates of maintenance review,
- employees in the air safety service, cf. section 7-4,
- persons responsible for the administration of airports licensed
pursuant to chapter VII B of the Act,
- persons who perform functions in connection with the
ground-handling of aircraft, or
- persons employed in ground services at airports, and
- other persons dealing with information which may help to
prevent civil aviation accidents.
The ministry may in regulations
specify which categories of persons come under nos. 1 to 9 and may
issue supplementary provisions on the information to be reported,
on the authorities to whom reports shall be made and by what
means.
Section
12-10Use of data from systems which record sound and images
The investigating authority shall
have access to data from any and all systems which constantly or
regularly record sound or images from the pilot’s cabin on board
aircraft, or similar recording in the tower cabin or control room
of the air traffic service. The investigating authority is not
entitled to hand over such material to others. A transcript of
recorded sound or a copy of images may none the less be handed over
for use as evidence in criminal proceedings or civil proceedings in
a court of law in accordance with a court ruling. The court may
only approve hand over under the third sentence where the need for
hand over in the particular case weighs more heavily than the risk
that such hand over will hamper the investigating authority’s work
with the case or future national or international
investigations.
The ministry may in regulations
prescribe which systems for recording sound and images shall come
under the first paragraph.
Section
12-11Use of data from systems which do not record sound and
images
The ministry may in regulations lay
down rules requiring persons engaged in civil aviation activities
or air traffic services on a commercial basis to have internal
routines and systems for the processing, analysis and use of
information from technical devices which record data other than
sound or images on a continuous basis. The rules of section 12-31
prohibiting sanctions from employers apply to a corresponding
extent to information obtained through a system as mentioned in the
first sentence.
The ministry may in regulations
prescribe which recording systems shall come under the first
paragraph.
F Investigation of
accidents and incidents etc
Section
12-12Obligation to investigate
The investigating authority shall
investigate civil aviation accidents and serious civil aviation
incidents. Other civil aviation incidents shall be investigated to
the extent that this can be expected to yield new knowledge which
can be used to prevent civil aviation accidents.
Section
12-13Carrying out investigations and the extent of
investigations
Where the investigating authority
has received notification under sections 12-4 or 12-5, it shall
decide at once whether there is a need to start an immediate
investigation. Where the investigating authority receives a report
under section 12-9, it shall decide without undue delay whether an
investigation shall be carried out.
The investigating authority shall
itself decide the extent of the investigation and how it shall be
carried out. In making its decision the investigating authority
shall inter alia take into account lessons that can be expected to
be drawn with a view to improving safety, the seriousness of the
accident or incident, its effect on civil aviation safety in
general and whether it forms part of a series of accidents or
incidents.
The investigating authority may
without regard to earlier decisions decide to investigate the
circumstances of one or more civil aviation accidents or civil
aviation incidents.
The ministry may issue
supplementary regulations concerning the investigating authority’s
tasks and competence under this section.
Section
12-14Prohibition against removal of wreckage etc
An aircraft which is damaged in a
civil aviation accident, wreckage or other items from such aircraft
and any evidence of the accident may not be removed or interfered
without the consent of the investigating authority and the police,
unless doing so is necessary to save or avert danger to life or
property or to prevent the destruction or disappearance of items of
possible significance for the investigation.
Section
12-15Measures for obtaining information
The investigating authority is
entitled to make use of private land and may investigate and take
possession of aircraft, wreckage, documents and other items to the
extent required in order for it to discharge its duties. The
investigating authority shall also be given access to results of
examinations of persons involved in the accident or incident, and
of autopsies of fatal victims. It may order a medical examination
under the rules of section 6-11 third paragraph. If necessary, the
investigating authority may request police assistance.
Section
12-16Obligation to make a statement to the investigating authority
etc
All persons are obliged upon
demand, and without regard to the duty of confidentiality, to
disclose to the investigating authority such information as he or
she possesses about circumstances which may be of significance for
the investigation. All persons who make a statement are entitled to
the assistance of a lawyer or other person when doing so.
Section
12-17Taking of evidence
The investigating authority may
demand that evidence be taken outside the court under the rules of
the Civil Procedure Act chapter 20, without regard to the
conditions which under the Civil Procedure Act section 267
otherwise apply to the right to demand the taking of evidence.
Section
12-18Rights of those whom the case concerns
When the investigating authority
starts an investigation it shall if possible inform the owner,
operator, insurer and others whom the case concerns that it is
doing so. Such information shall be given as soon as possible, and
shall detail the rights conferred under the second paragraph of
this section and under section 12-22 second paragraph.
Before the investigation ends,
those mentioned in the first paragraph shall be given an
opportunity to submit information and views on the civil aviation
accident or civil aviation incident and its causal factors. An
opportunity should also be given to attend the investigation and to
become acquainted with the documents, to the extent that the
investigating authority deems that this can take place without
hampering the investigation. The second sentence applies subject to
the restrictions entailed by the duty of confidentiality, cf.
section 12-19.
The ministry may issue
supplementary regulations to this section.
Section
12-19Duty of confidentiality
All persons who perform service or
work for the investigating authority are required by the Public
Administration Act to treat as confidential any information that
comes to their knowledge during the performance of their work.
However, the Public Administration Act section 13b first paragraph
no. 6 does not apply.
Where persons as mentioned in the
first paragraph receive information which is subject to a stricter
duty of confidentiality than that entailed by the Public
Administration Act, a correspondingly strict duty of
confidentiality shall apply, unless weighty public considerations
indicate that the information should be passed on or the
information is necessary in order to explain the cause of the civil
aviation accident or civil aviation incident.
Persons as mentioned in the first
paragraph are also required to treat as confidential all
information reported pursuant to section 12-9 and information
submitted to the investigating authority under section 12-6. This
does not apply if weighty public considerations indicate that the
information should be passed on or the information is necessary in
order to explain the cause of the civil aviation accident or civil
aviation incident.
Information received from foreign
and international authorities and organisations which work with air
safety is subject to confidentiality under the rules of the first
to third paragraphs, in so far as these rules are appropriate.
The duty of confidentiality
mentioned in the second to fourth paragraphs shall not prevent
information being passed on with the consent of the party entitled
to confidentiality, provided that the information is in statistical
form or that it is generally available elsewhere.
Information that is confidential
pursuant to the third paragraph may be passed to foreign and
international authorities and organisations when this follows from
international agreements or obligations. The same applies when the
information is of substantial significance to such authorities or
organisations, and the body in question is subject to a duty of
confidentiality of at least the same scope as the investigating
authority.
Section
12-20Information to the civil aviation authority
The investigating authority shall
keep the civil aviation authority continuously informed of
circumstances that are brought to light in the course of the
investigation, and of its own assessments thereof, to such extent
as is deemed necessary for air safety.
Section
12-21Investigation report
The investigating authority shall
prepare a report when it has investigated civil aviation accidents
and serious civil aviation incidents. The investigating authority
shall itself decide whether it is necessary to prepare a report on
other civil aviation incidents it has investigated. When
considering whether to prepare a report, and the scope of such
report, the investigating authority shall give emphasis to the
considerations mentioned in section 12-13 second paragraph.
The report shall give an account of
the course of events and shall contain the investigating
authority’s statement on the causal factors. Where appropriate, the
report shall also contain any recommendations by the investigating
authority on measures which should be taken or contemplated with a
view to preventing similar accidents or serious incidents in the
future.
The report shall not contain
references to the name or address of individuals.
The investigating authority’s
decisions under this section are unappealable.
Section
12-22 Treatment of draft investigation report
Before the investigating authority
finalises the report, a draft report shall upon request be
submitted to persons as mentioned in section 12-18 first paragraph,
allowing a reasonable period for the person concerned to express
their view, unless special conditions indicate that this not be
done. The draft report shall be submitted to the Civil Aviation
Authority allowing it a reasonable period to express its view. The
right under the first sentence only applies to those parts of the
draft report which the person concerned, because of his or her
association with the case or the investigation, is particularly
well placed to comment on.
The investigating authority’s
decisions under this section are unappealable.
Section
12-23Exemption of draft report from the public domain
The investigating authority’s draft
report shall not be publicly available.
Section
12-24Prohibition against use as evidence in criminal
proceedings
Information received by the
investigating authority pursuant to sections 12-9 or 12-16 may not
be used as evidence in subsequent criminal proceedings against the
person who disclosed the information.
G Civil aviation
authority’s storage and use of information
Section
12-25Civil aviation authority’s storage and use of
information
Information that the civil aviation
authority has received pursuant to section 12-9 which is stored
with a view to electronic transmission shall not contain references
to the name or address of individuals. The same applies to
information the civil aviation authority receives from the
investigating authority.
Section
12-26Duty of confidentiality
All persons who perform service or
work for the civil aviation authority are subject to a duty of
confidentiality under the rules of section 12-19 in so far as the
rules are appropriate.
Section
12-27 Reports on the level of safety in civil aviation
The civil aviation authority may
publish general reports for the purpose of informing the public of
the level of safety in civil aviation. Such reports shall not
contain references to the name or address of individuals.
Section
12-28Prohibition against withdrawal of certificate
Where the civil aviation authority,
pursuant to sections 12-9 and 12-20, receives information on
breaches of operative or technical provisions laid down in or
pursuant to sections 4-1, 6-2 and 9-1 of this Act, such information
shall not provide a basis for withdrawal of certificates issued or
approved by the civil aviation authority from the individual who
disclosed the information.
The first paragraph does not apply
where the information concerned makes it clear that the person who
disclosed the information does not meet established medical
criteria, or is unfit to hold a certificate on other grounds.
Section
12-29Prohibition against use as evidence in criminal
proceedings
Information received by the civil
aviation authority pursuant to sections 12-9 and 12-20 may not be
used as evidence in subsequent criminal proceedings against the
individual who disclosed the information.
H Prohibition against
sanctions
Section
12-30
Prohibition against civil proceedings
The government may not institute
civil proceedings on the basis of negligent acts or omissions of
which the investigating authority or the civil aviation authority
have become aware exclusively as a result of information received
pursuant to sections 12-9, 12-16 or 12-20. This does not apply
where the information disclosed concerns a civil aviation accident,
or where the discloser has displayed gross negligence.
Section
12-31Prohibition against sanctions from employers
An employee who submits a report
under section 12-9 or makes a statement under section 12-16 shall
not as a result of this be exposed to any form of sanction from the
employer. The first sentence does not apply to measures which the
employer carries out with the main intention of improving the
employee’s qualifications.
The first paragraph does not apply
if the information received shows that the employee does not meet
health criteria for holding the position, or that the employee has
personally displayed gross negligence in connection with the
reported accident or incident. Nor does the first paragraph apply
to circumstances connected with the employee or the employee’s
actions and omissions that have become known through means other
than the employee’s report or statement as mentioned in the first
paragraph.
I Removal of
wreckage
Section
12-32
Removal of wreckage outside an airport etc
Where a crashed aircraft or
wreckage or other items from such aircraft are an impediment to
ordinary traffic or otherwise represent a danger or inconvenience,
the police may set a deadline for the owner, and where applicable
the operator, to rectify the circumstance. If the deadline is
disregarded, the police may have the necessary steps taken at the
owner’s and the operator’s expense. If the identity of the owner is
not known, or it is necessary in the interest of traffic flow or
for other reason to step in immediately, the police may take action
as mentioned in the first paragraph without setting a deadline.
Chapter
XIII
Miscellaneous provisions
Section
13-1 Flight prohibition
If, when a flight is to commence,
there is reason to believe that the aircraft is not airworthy or
properly staffed, or is intended to be operated contrary to this
Act or to regulations issued pursuant to this Act, the flight may
be prohibited and if necessary the aircraft may be prevented from
leaving the airport. Decisions in this respect shall be made by the
civil aviation authority or to whomever it empowers; in the latter
case, the decisions shall be submitted without delay to the civil
aviation authority for review.
Section 13-2
Right todetain aircraft etc
If payment of charges incurred in
connection with an aircraft’s use of a Norwegian public-use airport
or other aviation facilities or services that are made available to
the owner or operator of an aircraft is not received within the
agreed period or insufficient security is furnished, the owner of
the airport or the civil aviation authority may prevent the
aircraft from leaving the airport.
In addition, the civil aviation
authority may:
1. refuse the owner or operator of
the aircraft access to Norwegian airports,
2. refuse the owner or operator of
the aircraft access to Norwegian airspace,
until the fee has been paid or
sufficient security has been furnished.
The ministry may issue further
guidelines for the implementation of this provision.
The rules of the first and second
paragraphs shall apply insofar as they do not conflict with the
Enforcement Act (no. 86 of 26 June 1992) or the Convention for the
Unification of Certain Rules Relating to the Precautionary Arrest
of Aircraft of 29 May 1933.
Section
13-3 Storage of fuel etc
The ministry may in the interest of
aviation safety issue regulations relating to the handling,
storage and delivery of fuel and
other items used in the preparation of aircraft and regulations
relating to monitoring compliance with these provisions.
Section
13-4 Duty of disclosure
Any owner or operator of aircraft,
owner of an approved airport or other civil aviation facility and
other contractors and operators of airports are obliged to disclose
such information as the aviation authority requests in order to be
able to perform its tasks. The same applies to owners of approved
companies as mentioned in section 4-10 or of other businesses run
with approval or authorisation under this Act or under regulations
laid down pursuant to this Act.
This information may be
communicated to other parties insofar as this is necessary under
international agreements. Further, the disclosed information may be
communicated to other parties or published, provided that it does
not contain trade or operational secrets. Where a party that
considers itself entitled to confidentiality has objected to such
information being communicated to other parties or published, such
communication or publication may only take place after special
decision by the relevant ministry.
Any person who in the course of
their duties becomes acquainted with such information is obliged to
treat it as confidential insofar as it does not have to be
communicated to other parties or published. Nevertheless, the duty
of confidentiality shall not prevent the exchange of information
(co-ordination) as premised in the Act on the Register of the
Reporting Obligations of Enterprises (no. 35 of 6 June 1997).
Section
13-5 (Revoked)
Section
13-6 Government’s right of recourse etc
If, under international agreements,
the Norwegian government incurs expenses as a result of aircraft
being used at Norwegian expense outside Norway, the ministry
concerned may demand that these expenses be refunded by the owner
or the operator of the aircraft, unless conditions to the contrary
have been set in the conditions for the operating licence or
authorisation pursuant chapter VIII.
Section
13-7 Recovery of charges etc
Airport fees and other charges that
are set pursuant to section 7-26 constitute legal grounds
for court-ordered seizure of a
debtor’s assets (execution). The same applies to repayments to
which the government is entitled
pursuant to this Act.
Section
13-8 Regulations regarding fees
The ministry may issue regulations
requiring air carriers and other operators to pay fees for the
financing of the civil aviation authority’s work on safety in
aviation.
The ministry may issue regulations
requiring payment of fees for business in addition to that
encompassed by section 3-1 second paragraph.
Section
13-9
Emergency preparedness
The ministry may, in order to
secure national preparedness in time of war, in a crisis situation,
and in other extraordinary situations, order actors in civil
aviation to provide assistance in the form of
- emergency preparedness planning,
- implementation of or participation in exercises and military
air operations,
- physical securing of important installations,
- transport services at all stages of the transport chain,
- collaboration with other national, foreign or international
actors, or
- reporting or exchange of information.
Should an order entail significant
costs for the party at which it is directed, and these costs are
not balanced by equivalent benefits, the ministry shall fix a
reasonable compensation.
The ministry may issue regulations
to make clear who, in cases of doubt, is to be regarded as an actor
in civil aviation for the purposes of this section, rules for
assessing compensation and the relationship to emergency planning
provided for under other legislation.
Chapter
XIV
Penal provisions
Section
14-1 Infringement of section 2-2
Any owner or operator of an
aircraft which is not Norwegian and does not have foreign
nationality as mentioned in section 2-2 first paragraph no. 2, who
uses the aircraft for aviation purposes within Norwegian territory
without special authorisation or infringes the conditions on which
such authorisation was granted shall be punished with fines or
imprisonment up to one year.
Section
14-2 Infringementof section 2-4
Where the owner or the operator of
an aircraft uses it for aviation in conflict with section 2-4 first
paragraph, or breaches the conditions laid down for authorisation
under section 2-4 second paragraph, he shall be punished with
fines or imprisonment up to one year.
Section
14-3 Supplying incorrect information etc
Any person who supplies incorrect
or incomplete information when applying to register or deregister
an aircraft, or when applying for authorisation under section 3-2
second paragraph, or section 3-7 first paragraph no. 2, shall be
punished with fines or imprisonment up to six months.
The same penalty shall apply to
persons who fail to supply the registration authority with
information required pursuant to this Act or who supply incorrect
or incomplete information.
Section
14-4 Infringement of requirements in regard to nationality and
registration marks etc
Any person who removes nationality
or registration marks or other prescribed marks from
an aircraft without authorisation
or provides the aircraft with incorrect markings shall be punished
with fines or imprisonment up to one year.
The same penalty shall apply to an
owner or operator of an aircraft who uses it for aviation purposes
even though it lacks the required nationality or registration marks
or has incorrect markings.
Section
14-5 Non-compliance with environmental requirements etc
If the owner or the operator of an
aircraft uses it for aviation purposes even though it is not
airworthy or does not comply with
the environmental requirements or is not appropriately
staffed, equipped or loaded for the
journey to which it has been assigned, or for other reasons is not
in a condition that meets the safety requirements, he shall be
punished with fines or
imprisonment up to two years,
provided that he has not been granted authorisation for such use
under the provisions of this Act.
Section
14-6 Infringement of safety provisions etc
Any person who displays a lack of
due care in connection with constructing an aircraft or
manufacturing accessories or spare parts or during the performance
of servicing, repairs or alteration work and thus occasions the
risk that the aircraft may be operated without meeting the safety
requirements shall be punished with fines or imprisonment up to two
years. The same penalty shall apply to any person that displays a
lack of due care in connection with the fitting out, loading or
other preparation of aircraft.
Section
14-7 Inadequate insurance etc
Any owner or operator of an
aircraft who uses it for aviation purposes in the absence of
prescribed insurance or other form of security for the aircraft as
mentioned in section 11-2 shall be punished with fines or
imprisonment up to one year.
If he uses the aircraft for
aviation purposes without the aircraft documents that are
required
pursuant to this Act or regulations
laid down under this Act, he shall be punished with fines or
imprisonment up to six months.
Section
14-8 Aircraft commander’s liability
If the aircraft commander
undertakes a flight with an aircraft under circumstances as
mentioned in sections 14-1, 14-4 second paragraph, 14-5 or 14-7, he
shall be punished in the same way as prescribed for the owner or
operator.
Section
14-9 Infringement of requirements in regard to aircraft
documents
Any person who performs duty on an
aircraft without holding a valid certificate or authorisation as
required by this Act, or – in cases where such document is not
necessary – without satisfying the conditions laid down for his
intended duty shall be punished with fines or imprisonment up to
one year.
Section
14-10 Neglect of duty
Any person who has undertaken to
perform duty on an aircraft, fails to take up such duty or evades
further duty shall be punished with fines or imprisonment up to
three months.
Any flight crew member on an
aircraft who without valid reason fails to present himself for duty
at the correct time or abandons his duties without permission shall
be punished with fines.
Section
14-11 Failure of passengers and crew to follow orders
Any flight crew member on an
aircraft who fails to obey a superior’s orders while on duty shall
be punished with fines or imprisonment up to three months.
Passengers who act in breach of
section 6-3 third paragraph shall be punished with fines or
imprisonment up to six months or both.
If a crew member’s or passenger’s
failure to obey an order exposes the aircraft or persons to danger,
or if he continues to disobey despite repeated orders, or if there
are any other particularly aggravating circumstances, he may be
imprisoned for up to three years.
Section
14-12 Infringement of section 6-11
Any person who performs or attempts
to perform duty on board in violation of the provisions of section
6-11 first paragraph shall be punished with fines or imprisonment
up to two years. Any person who has performed duty under the
influence of alcohol (not sober) or other intoxicating or narcotic
substance or has violated the provisions of section 6-11
second paragraph, shall be punished with imprisonment, unless
particularly extenuating circumstances are present.
Section
14-13 Infringement of regulations pursuant to section 9-1
etc
Any person who violates any
regulations that the ministry has issued with a view to avoiding
collisions between aircraft or preventing other air accidents or
otherwise averting hazards
and inconveniences resulting from
aviation activities shall be punished with fines or
imprisonment up to two years.
Any person who deviates from a
flight path set in accordance with section 9-2, or who violates
regulations issued by the ministry
relating to aircraft intending to cross the Norwegian border, shall
be punished with fines or imprisonment up to one year. Any person
who intentionally or through negligence unlawfully brings an
aircraft into a zone that has been established to protect temporary
or permanent installations or facilities for searching for or
exploitation, storage or transport of submarine natural resources
shall be punished with fines or imprisonment up to three
months.
Any person who violates any
regulation issued by the ministry relating to flight operations
shall
be punished with fines or
imprisonment up to two years
Section
14-14 Pilot’s non-compliancewith air traffic control
Any person who, when piloting an
aircraft in an airway or other area where air traffic is subject to
special regulation, omits to comply with or acts in breach of
instructions from air traffic control with which he is obliged to
comply shall be punished with fines or imprisonment up to two
years.
The same penalty shall apply to an
aircraft commander who infringes the provisions regarding an order
to land as mentioned in section 9-3.
Section
14-15 Infringement of section 9-4
Any owner or operator of an
aircraft who violates the provisions of section 9-4 first
paragraph
regarding carriage of war material
or provisions laid down in accordance with the second
paragraph of said section regarding
carriage of other goods shall be punished with fines
or imprisonment up to one year.
The same penalty shall apply to an
aircraft commander who undertakes a flight with an aircraft
that is being used for unlawful
carriage as mentioned in the first paragraph.
Section
14-16 Infringement of section 2-3
Any person who violates any
regulations issued by the King pursuant to section 2-3 shall be
punished with fines or imprisonment
up to two years.
Section
14-17 Infringement of section 6-8 etc
If an aircraft is in distress and
the aircraft commander fails to do everything in his power to
preserve the aircraft, persons on board or cargo or to do whatever
else is required of him under section 6-8, he shall be punished
with fines or imprisonment up to one year.
Section
14-18 Infringementthat may prompt seizure of aircraft or goods etc
Where a flight crew member, by
smuggling or other act that is in breach of his professional
duties, puts the aircraft or goods at risk of being seized or
detained by a Norwegian or a foreign authority, he shall be
punished with fines or imprisonment up to six months.
Section
14-19
Infringement of provisions regarding aircraft documents
etc
Any aircraft commander or other
flight crew member who omits to perform a duty that is incumbent on
him in regard to establishing, updating or storing aircraft
documents or carrying aircraft documents, certificates or other
documents on board shall be punished with fines or imprisonment up
to three months.
If he makes an incorrect entry in
an aircraft document or in some other way causes a document of this
nature to contain incorrect information, he shall be punished with
fines or imprisonment up to one year.
Section
14-20 Breach of professional duties etc
Any aircraft commander or other
member of the flight crew who, in circumstances that are not
covered by sections 14-1 to 14-19, in a repeated or undue manner
violates his professional duties or otherwise displays improper
conduct when on duty shall be punished with fines.
Section
14-21 Sanctions against use of non-approved airfields etc
If the owner of an airport or other
aviation facility allows the facility to be used even though it
does not satisfy the requirements that have been set or – in cases
where approval from the civil aviation authority is required – even
though such approval has not been given, he shall be punished with
fines or imprisonment up to one year.
If the owner of an airport or other
aviation facilities violates the provision of section 7-28,
he shall be punished with fines.
Section
14-22 Infringement of sections 7-12 to 7-15 and 7-22
Any person who violates
restrictions on possession laid down in accordance with sections
7-12 to 7-15 or violates provisions laid down under section 7-22
shall be punished with fines or imprisonment up to three months.
The same penalty shall apply to attempted violation.
Section
14-23 Infringement of licensing requirement
Any person engaged in aviation
activities or other activities without a licence, authorisation or
approval as required by this Act or regulations issued under this
Act shall be punished with fines or imprisonment up to six
months.
The same penalty shall apply to any
person who while performing such activity breaches or disregards
conditions that have been set for such licence, authorisation or
approval.
Any person who violates regulations
issued under section 8-10 of this Act shall be punished with fines
or imprisonment up to six months.
Section
14-23a Infringement of licensing requirement etc under section
16-1
Punishment by fines or imprisonment
up to six months shall be handed down to anyone who with intent or
through negligence
1. operates air transport without
the required valid licence issued in accordance with EEA Agreement
Annex XIII No. 66 b (Council Regulation (EEC) No. 2407/92 on
licensing of air carriers), without
satisfying the requirement for insurance in Article
7 of the said Regulation or without
having obtained prior approval in accordance with Article 10 of the
said Regulation.
2. is in breach of the EEA
Agreement Annex XIII No. 64 a (Council Regulation (EEC) No. 2408/92
on access for Community air carriers to intra-EEA routes) by
operating air transport on a route or in a route area operated by
another air carrier on the basis of public service obligation
decided according to Article 4 in the said Regulation, operates air
transport in breach of a prohibition adopted in accordance with
Article 6 of the said Regulation or by operating air traffic in
breach of regulations or conditions adopted in accordance with
Article 8 and 9 of the said Regulation, or
3. is in breach of the EEA
Agreement Annex XIII No. 65 (Council regulation (EEC) No. 2409/92
on fares and rates for air services) by not adhering to decisions
adopted in accordance with Article 6 of the said Regulation.
Section
14-24 Infringement of section 13-1
Any person who acts in breach of a
prohibition pursuant to section 13-1 against an aircraft leaving
the airport shall be punished with fines or imprisonment up to six
months. The same penalty shall apply to attempts to leave.
Section
14-25 Obstruction of the supervisory authority etc
Any person who obstructs the
execution of inspections or other investigations pursuant to this
Act or regulations issued under this Act or who omits to provide
assistance in connection with such investigation when required to
do so pursuant to this Act or regulations shall be punished with
fines or imprisonment up to three months. The same penalty shall
apply to any person who in breach of the rules in section 12-7
removes or interferes with an aircraft, wreckage or other items
after an air accident.
The same penalty shall apply to
attempts to obstruct.
Section
14-26 Infringement of order to assist in search and rescue work
etc
Any person who has been instructed
to assist in search and rescue work pursuant to regulations issued
under section 12-1 of this Act who fails to appear for duty or
otherwise breaches his obligations shall be punished with
fines.
Section
14-27 Non-fulfilment of notification requirement etc
Except as in circumstances
mentioned in section 14-3, any person who fails to give
notification required under this Act or regulations issued pursuant
thereto or who fails to supply information required under this Act
or regulations issued pursuant thereto, or who provides incorrect
or incomplete notification or information, shall be punished with
fines or imprisonment up to six months.
Punishment pursuant to this section
may not be applied in connection with infringement of the
provisions of chapter X.
Section
14-28 Failure to submit a certificate of compliance with
environmental requirements etc
Any person who omits to submit a
certificate of nationality and registration, a certificate of
airworthiness, a certificate of compliance with environmental
requirements, a licence or other document in cases where such
submission is mandatory under this Act or is required with a basis
in this Act, shall be punished with fines.
Section
14-29 Infringement of regulations issued under the provisions of this
Act
Any person who violates regulations
issued under this Act shall be punished with fines or imprisonment
up to 3 months, unless the violation comes under another
penal provision of this chapter.
Section
14-30 Increased penalty in connection with loss of life or serious
bodily injury
Where an infringement as mentioned
in sections 14-5, 14-6, 14-8, 14-11 to 14-14, 14-17 or 14-20 to
14-22 entails the loss of life, serious bodily injury, or serious
damage to health or property, the perpetrator may be imprisoned for
up to five years.
The same penalty shall apply to
infringements as mentioned in section 14-7 where a person suffers a
material loss of capital as a consequence of inadequate prescribed
insurance or other security.
Section
14-31 Infringementsdue to negligence
Where an infringement as mentioned
in sections 14-1 to 14-29 is committed through negligence, the
perpetrator shall be punished with fines or imprisonment up to six
months, nevertheless such that the penalty is no case severer than
that that prescribed for offences committed with intent. This does
not apply to offences as mentioned in section 14-11 second
paragraph.
Section
14-32 Complicity
Complicity in a violation as
mentioned in sections 14-1 to 14-11 and 14-13 to 14-31 is a
criminal offence and attracts the penalty prescribed in the
relevant penal provision.
Section
14-33 Parties at whom these provisions are directed other than owner
or operator
Penal provisions of this chapter
that are directed at the owner or operator of an aircraft, the
owner of an airport or other aviation facility, or the owner of an
undertaking as mentioned in section 14-23 and 14-23 a shall also
apply to any subordinate who in the course of his duties commits an
offence in the manner described in the relevant penal provision.
The penalties provided for here apply to a corresponding extent to
board members and other officers of companies and other legal
persons.
Section
14-34 Expiry of limitation period
Where an investigation is
undertaken under section 12-4, the right to institute criminal
proceedings shall expire at the earliest after five years.
Chapter XV Provisions regarding implementation
Section
15-1 Special exceptions to this Act
The ministry may make exceptions to
the provisions of this Act or issue special regulations in regard
to aircraft which do not have a pilot on board or are not powered
by an engine or which are otherwise of a special nature, provided
that it does not jeopardise aviation safety or raise other
concerns. However, changes may not be made to provisions governing
matters of private law or criminal law.
The ministry may issue regulations
concerning devices that are intended to move in the air, but which
cannot be regarded as aircraft.
Section
15-2 Application of this Act to foreign aircraft
The ministry may decide that
foreign aircraft having a Norwegian operator shall be subject to
certain provisions of this Act and the regulations that apply to
Norwegian aircraft.
In the event of violation of the
provisions concerned, such aircraft shall be regarded as Norwegian
under section 12 subsections 1 and 2 of the General Civil Penal
Code.
The ministry may decide that
certain provisions of this Act and the regulations that apply to
Norwegian aircraft shall not apply to Norwegian aircraft having,
according to contract, a foreign operator, provided that the
aircraft is instead subject to corresponding rules in the foreign
state in question.
Section
15-3 Civil aviation authority
The ministry shall decide which
authority shall be the civil aviation authority under this Act.
The ministry may decide that
competence to make individual decisions under provisions issued in
or pursuant to this Act may be delegated to civil aviation
associations, companies which are directly or indirectly wholly
owned by the government, and to private experts. In regard to
delegation pursuant to the first sentence, a body within the
ordinary civil aviation administration shall be designated as the
appeal instance for such individual decisions.
Section
15-4 Ministry’s competence to issue regulations
The ministry may issue regulations
to implement and supplement the foregoing provisions of this
Act.
Chapter
XVI
Special rules concerning implementation of the EEA Agreement and
the EFTA Convention
Section
16-1 Authority to issue regulations – EEA Agreement
The King may issue regulations
concerning the implementation of the EEA Agreement in respect of
civil aviation, including rules for licensing, market access
(public service obligation within regional aviation), time slots,
fares and rates for air services, denied boarding compensation
systems in scheduled air transport, harmonisation of technical
requirements and administrative procedures, air cargo and sharing
of seat capacity among carriers.
Rules issued pursuant to the first
paragraph shall have precedence over the general provisions of this
Act, including the rules for licensing for commercial scheduled
traffic (scheduled flights).
Section
16-2 Authority to issue regulations – EFTA Convention
The ministry may issue regulations
concerning the implementation of the EFTA Convention of 21 June
2001, as subsequently amended, in respect of civil aviation.
Rules laid down under the first
paragraph shall take precedence over the general provisions of the
Act.
Section
16-3 (Revoked)
Section
16-4 (Revoked)
Section
16-5 (Revoked)
Part
II Military
aviation and other national aviation services under public
law
Chapter
XVII Military
aviation
Section
17-1 Requirement as to Norwegian nationality
Any aircraft that is to be used for
Norwegian military aviation purposes must either have Norwegian
nationality in accordance with section 17-2 or comply with the
provision of section 17-11.
Section
17-2 Definition
An aircraft shall be regarded as a
Norwegian military aircraft:
1. if it has been entered in the
Norwegian military aircraft register,
2. when it is temporarily used for
military aviation purposes in accordance with section 17-10.
Section
17-3 Military aircraft register
The military aircraft register
shall be kept by such military authority as is determined by the
King.
An aircraft that is registered in
the civil aircraft register may not be registered in the military
register until it has been removed from the civil aircraft
register.
The King shall issue further
regulations regarding the military aircraft register and the
conditions and procedure for registration.
Military aircraft shall be marked
in accordance with rules laid down by the King.
Section
17-4 Requirements regarding staffing and airworthiness
Norwegian military aircraft shall
satisfy the requirements laid down by the King in respect of
airworthiness and staffing.
Section
17-5 Requirements regarding airbases etc
Airports and other aviation
facilities for military use shall satisfy the requirements laid
down by the King and be approved by the authority decided by the
King.
Section
17-6 Provisions that also apply to military aviation
The provisions set forth above in
sections 5-8, 6-11, 7-12 to 7-22, 7-24, 11-1, 12-1, 12-3 first and
second paragraphs, 12-4 to 12-7 and 13-1 apply to a corresponding
extent to Norwegian military aviation.
Section
17-7 Regulations that also apply to military aviation
Regulations issued under sections
7-3, 7-4 and 9-1 shall also apply to Norwegian military aviation,
unless the King decides otherwise.
Section
17-8 Other provisions concerning military aviation
The King may provide that
provisions of Part I of this Act other than those mentioned above
shall apply to a corresponding extent to Norwegian military
aviation.
Section
17-9 Right to inspect aircraft documents
Any person for whom it holds a
legal interest may request the right to inspect the content of
aircraft documents for Norwegian military aircraft, unless the
military authority concerned deems that the contents must be kept
confidential on grounds of military security.
Section
17-10 Use of civil aircraft for military aviation purposes
Notwithstanding the provisions of
Part I of this Act, any aircraft that has been registered in the
civil aircraft register may be used temporarily for Norwegian
military aviation purposes, provided that the aircraft is supplied
with a special extra mark and the civil aviation authority has been
notified in advance.
The aircraft shall remain subject
to the rules of Chapter III of this Act throughout the period of
military use. The civil aviation authority shall be notified once
this use has ceased.
Section
17-11 Use of foreign aircraft for military aviation purposes
The rules set forth above in this
chapter also apply, insofar as they are applicable and
international agreements do not prevent it, where foreign aircraft
are used by the Norwegian government for military aviation
purposes.
Section
17-12 Competence to issue regulations
The King may issue further
regulations to implement and supplement the rules set forth above
in this chapter, including regulations authorising the military
authority to assume the civil aviation authority’s position for the
purpose of enforcing those provisions of Part I that apply to
Norwegian military aviation.
Section
17-13 Authority to issue regulations
The King may issue further
regulations regarding Norwegian military aviation.
Section
17-14 Foreign aircraft’s rights of access to Norwegian
territory
The King shall decide if and on
what conditions aircraft that are used for military aviation
purposes by foreign states or international organisations may be
given access to Norwegian territory.
Except as otherwise provided by
regulations laid down under the first paragraph, and provided that
international agreements or general principles of common law do not
prevent it, the rules set forth above regarding Norwegian military
aviation shall apply to a corresponding extent to foreign military
aviation within Norwegian territory.
Section
17-15 Penalties
Any person who violates any
provisions laid down or given application under sections 17-1 to
17-13 shall be punished in accordance with the rules of chapter
XIV.
Punishment under the first
paragraph shall not be applied if the matter comes under the
Military Penal Code, unless it concerns violation of the
provisions of section 6-11 (cf. section 17-6).
Section
17-16 Infringement of section 17-14
Any person who violates any
provisions laid down or given application under section 17-14 shall
be punished in accordance with the rules of chapter XIV.
Chapter XVIII
Other national aviation services under public law
Section
18-1 Norwegian national aviation under public law
With the exception of sections 11-2
and 12-3 third and fourth paragraphs, the provisions of Part I of
this Acts shall apply to a corresponding extent to aviation under
Norwegian government auspices that has exclusively public-law
purposes, but is not military.
The King may make further
exceptions to the provisions of Part I for such aviation or issue
special regulations for the same. However, changes cannot be made
to provisions governing matters of private law or criminal law.
Section
18-2 Conditions (for aircraft with a foreign operator etc) for
access to Norwegian territory
The King shall decide if and on
what conditions aircraft used by foreign states or international
organisations for purposes as mentioned in section 18-1 may be
granted access to Norwegian territory.
Except as otherwise provided by
regulations issued under the first Paragraph, and provided that
international agreements or general principles of common law do not
prevent it, the provisions of Part I of this Act, apart from
sections 3-42 to 3-49, 11-2 and 12-3, third and fourth paragraphs,
shall apply to a corresponding extent to aviation within Norwegian
territory involving aircraft as mentioned in the first
paragraph.
Concluding provisions
Chapter
XIX
Entry into force of this Act and transitional rules
Section
19-1 Entry into force
This Act enters into force on the
date decided by the King.
It may be decided that certain
parts of this Act shall enter into force at an earlier date than
others.
Section
19-2 Amendments to and repeal of other Acts
As from the date decided by the
King, the following Acts shall be repealed or amended as
follows:
1. Act no. 1 of 16 December 1960
relating to Aviation to be repealed.
2. - - -
Section
19-3 Warsaw Convention etc and entry into force of this Act
As long as the original Warsaw
Convention of 12 October 1929 remains in force in relation to
Norway, the Act of 12 June 1936 relating to Transport by Aircraft
and regulations issued pursuant to said Act will continue to apply
to international carriage by air if the place of departure and the
place of destination according to the contract of carriage are in
the territories of two contracting states that have not both
ratified the Hague Protocol to the Warsaw Convention or if these
places are in a contracting state that has not ratified the Hague
Protocol and there is an agreed stopping place in another state,
even though this state is not a contracting state. Further, the
rules of section 10-25, as this section read upon adoption on 11
June 1993, shall apply to a corresponding extent in cases as
described in this paragraph. The same applies to sections 10-31 to
10-36 and 10-38 second paragraph second sentence as they read upon
adoption on 11 June 1993. Similarly, section 10-23 second
paragraph, as it read upon adoption on 11 June 1993, shall apply to
carriage performed by a carrier other than the contracting carrier.
The references in sections 10-25, as this section read upon
adoption on 11 June 1993, and 10-31 to 10-36 to the
provisions of Chapter X shall apply instead of the
corresponding provisions of the aforementioned Act of 12 June
1936 and appurtenant regulations.
“Insofar as the Act of 12 June 1936
continues to apply, the second sentence of section 8
second paragraph of that Act shall
read: In the event of a delay, notification shall be given at
the latest 14 days after the date
on which the goods were delivered.”
As long as the Warsaw Convention
with subsequent amendments pursuant to the Hague Protocol of 28
September 1955 remains in force in relation to Norway, carriage by
air coming under the Convention shall be governed by the
provisions of chapter 9 of the Aviation Act of 16 December 1960
chapter IX as they read prior to the amendments of 18 December
1987, no. 94.
In relation to a state that is
bound by the Warsaw Convention as it reads after the fourth
Montreal Protocol of 25 September 1975, in respect of carriage of
passengers and luggage, the rules of chapter IX of the Aviation Act
of 16 December 1960 shall apply as they read prior to the
amendments of 18 December 1987, no. 94. In respect of carriage of
goods, the rules of chapter IX of the Aviation Act of 16 December
1960 shall apply as they read after the amendments of 18 December
1987, no. 94.
Should the Warsaw Convention as it
read in its original form of 12 October 1929 or in its amended form
pursuant to The Hague Protocol of 28 September 1955 cease to apply
between Norway and other states as a result of denunciation on the
part of Norway, the ministry shall make a public announcement
thereof.
Section
19-4 Transitional provisions
Regulations issued under any
provision that is revoked by this Act shall continue to apply
insofar as they are compatible with the Act until such time as they
are revoked or amended pursuant to this Act. With regard to
regulations mentioned in section 19-3, the rules therein shall
apply.
Section
19-5 References in other Acts
References in other Acts to
provisions that are revoked by this Act shall apply to the
corresponding provisions of
this Act.
Council Regulation (EC) No 2027/97 of 9 October 1997
on
air carrier liability in the event of accidents
[The Council of the European Union,
having regard to the Treaty establishing the European
Community, and in particular Article
84 (2) thereof,
having regard to the proposal from the Commission,
having regard to the opinion of the Economic and Social
Committee,
acting in accordance with the procedure laid down in Article
189 (c) of the Treaty,
(1) Whereas, in the framework of the common transport policy,
it is necessary to
improve the level of protection of passengers involved in air
accidents;
(2) Whereas the rules on liability in the event of accidents
are governed by the
Convention for the Unification of Certain Rules Relating to
International Carriage by
Air, signed at Warsaw on 12 October 1929, or that Convention as
amended at The
Hague on 28 September 1955 and the Convention done at
Guadalajara on 18
September 1961, whichever may be applicable each being
hereinafter referred to, as
applicable, as the ‘Warsaw Convention’; whereas the Warsaw
Convention is applied
worldwide for the benefit of both passengers and air
carriers;
(3) Whereas the limit set on liability by the Warsaw Convention
is too low by today’s
economic and social standards and often leads to lengthy legal
actions which damage
the image of air transport; whereas as a result Member States
have variously
increased the liability limit, thereby leading to different
terms and conditions of
carriage in the internal aviation market;
(4) Whereas in addition the Warsaw Convention applies only to
international
transport; whereas, in the internal aviation market, the
distinction between national
and international transport has been eliminated; whereas it is
therefore appropriate
to have the same level and nature of liability in both national
and international
transport;
(5) Whereas a full review and revision of the Warsaw Convention
is long overdue and
would represent, in the long term, a more uniform and
applicable response, at an
international level, to the issue of air carrier liability in
the event of accidents;
whereas efforts to increase the limits of liability imposed in
the Warsaw Convention
should continue through negotiation at multilateral level;
(6) Whereas, in compliance with the principle of subsidiarity,
action at Community
level is desirable in order to achieve harmonization in the
field of air carrier liability
and could serve as a guideline for improved passenger
protection on a global scale;
(7) Whereas it is appropriate to remove all monetary limits of
liability within the
meaning of Article 22 (1) of the Warsaw Convention or any other
legal or contractual
limits, in accordance with present trends at international
level;
(8) Whereas, in order to avoid situations where victims of
accidents are not
compensated, Community air carriers should not, with respect of
any claim arising
out of the death, wounding or other bodily injury of a
passenger under Article 17 of
the Warsaw Convention, avail themselves of any defence under
Article 20 (1) of the
Warsaw Convention up to a certain limit;
(9) Whereas Community air carriers may be exonerated from their
liability in cases of
contributory negligence of the passenger concerned;
(10) Whereas it is necessary to clarify the obligations of this
Regulation in the light of
Article 7 of Council Regulation (EEC) No 2407/92 of 23 July
1992 on licensing of air
carriers (4); whereas, in this regard, Community air carriers
should be insured up to
a certain limit laid down in this Regulation;
(11) Whereas Community air carriers should always be entitled
to claim against third
parties;
(12) Whereas prompt advance payments can considerably assist
the injured
passengers or natural persons entitled to compensation in
meeting the immediate
costs following an air accident;
(13) Whereas the rules on the nature and limitation of
liability in the event of death,
wounding or any other bodily injury suffered by a passenger
form part of the terms
and conditions of carriage in the air transport contract
between carrier and
passenger; whereas, in order to reduce the risk of distorting
competition, third country
carriers should adequately inform passengers of their
conditions of carriage;
(14) Whereas it is appropriate and necessary that the monetary
limits expressed in
this Regulation be reviewed in order to take into account
economic developments and
developments in international fora;
15) Whereas the International Civil Aviation Organization
(ICAO) is at present
engaged in a review of the Warsaw Convention; whereas, pending
the outcome of
such review, actions on an interim basis by the Community will
enhance the protection
of passengers; whereas the Council should review this
Regulation as soon as possible
after the review by ICAO,
has adopted this Regulation:]
Article 1.
This Regulation lays down the
obligations of Community air carriers in relation to liability
in
the event of accidents to
passengers for damage sustained in the event of death or
wounding
of a passenger or any other bodily
injury suffered by a passenger, if the accident which caused
the damage so sustained took place
on board an aircraft or in the course of any of the
operations of embarking or
disembarking.
This Regulation also clarifies some
insurance requirements for Community air carriers.
In addition, this Regulation sets
down some requirements on information to be provided by
air carriers established outside
the Community which operate to, from or within the
Community.
Article 2.
1. For the purpose of this
Regulation:
a) ‘air carrier’ shall mean an
air transport undertaking with a valid operating licence;
b) ‘Community air carrier’ shall
mean an air carrier with a valid operating licence
granted by a Member State in
accordance with the provisions of Regulation (EEC) No
2407/92;
c) ‘person entitled to
compensation’ shall mean a passenger or any person entitled to
claim in respect of that passenger,
in accordance with applicable law;
d) ‘ecu’ shall mean the unit of
account in drawing up the general budget of the
European Communities in accordance
with Articles 207 and 209 of the Treaty;
e) ‘SDR’ shall mean a Special
Drawing Right as defined by the International
Monetary Fund;
f) ‘Warsaw Convention’ shall
mean the Convention for the Unification of Certain
Rules Relating to International
Carriage by Air, signed at Warsaw on 12 October
1929, or the Warsaw Convention as
amended at The Hague on 28 September 1955
and the Convention supplementary to
the Warsaw Convention done at Guadalajara on
18 September 1961 – whichever is
applicable to the passenger contract of carriage,
together with all international
instruments which supplement, and are associated with,
it and are in force.
2. Concepts contained in this
Regulation which are not defined in paragraph 1 shall be
equivalent to those used in the
Warsaw Convention.
Article 3.
1.
a) The liability of a Community
air carrier for damages sustained in the event of death,
wounding or any other bodily injury
by a passenger in the event of an accident shall
not be subject to any financial
limit, be it defined by la w, convention or contract.
b) The obligation of insurance
set out in Article 7 of Regulation (EEC) No 2407/92
shall be understood as requiring
that a Community air carrier shall be insured up to the
limit of the liability required
under paragraph 2 and thereafter up to a reasonable level.
2. For any damages up to the sum of
the equivalent in ecus of 100 000 SDR, the Community
air carrier shall not exclude or
limit his liability by proving that he and his agents have
taken
all necessary measures to avoid the
damage or that it was impossible for him or them to take
such measures.
3. Notwithstanding the provisions
of paragraph 2, if the Community air carrier proves that the damage
was caused by, or contributed to by, the negligence of the injured
or deceased
passenger, the carrier may be
exonerated wholly or partly from its liability in accordance
with
applicable law.
Article 4.
In the event of death, wounding or
any other bodily injury suffered by a passenger in the
event of an accident, nothing in
this Regulation shall
a) imply that a Community air
carrier is the sole party liable to pay damages; or
b) restrict any rights of a
Community air carrier to seek contribution or indemnity
from any other party in accordance
with applicable law.
Article 5.
1. The Community air carrier shall
without delay, and in any event not later than fifteen days
after the identity of the natural
person entitled to compensation has been established, make
such advance payments as may be
required to meet immediate economic needs on a basis
proportional to the hardship
suffered.
2. Without prejudice to paragraph
1, an advance payment shall not be less than the equivalent
in ecus of 15 000 SDR per passenger
in the event of death.
3. An advance payment shall not
constitute recognition of liability and may be offset against
any subsequent sums paid on the
basis of Community air carrier liability, but is not
returnable, except in the cases
prescribed in Article 3 (3) or in circumstances where it is
subsequently proved that the person
who received the advance payment caused, or
contributed to, the damage by
negligence or was not the person entitled to compensation.
Article 6.
1. The provisions contained in
Articles 3 and 5 shall be included in the Community air
carrier’s conditions of
carriage.
2. Adequate information on the
provisions contained in Articles 3 and 5 shall, on request, be
available to passengers at the
Community air carrier’s agencies, travel agencies and check-in
counters and at points of sale. The
ticket document or an equivalent shall contain a summary
of the requirements in plain and
intelligible language.
3. Air carriers established outside
the Community operating to, from or within the Community and not
applying the provisions referred to in Articles 3 and 5 shall
expressly and clearly inform the passengers thereof, at the time of
purchase of the ticket at the carrier’s agencies, travel agencies
or check- in counters located in the territory of a Member State.
Air carriers shall provide the passengers with a form setting out
their conditions. The fact that only a liability limit is indicated
on the ticket document or an equivalent shall not constitute
sufficient information.
Article 7.
No later than two years after the
entry into force of this Regulation, the Commission shall
draw up a report on the application
of the Regulation which, inter alia, takes into account
economic developments and
developments in international fora. Such report may be
accompanied by proposals for a
revision of this Regulation.
Article 8.
This Regulation shall enter into
force one year after the date of its publication in the
Official
Journal of the European
Communities.
This Regulation shall be binding in
its entirety and directly applicable in all Member States.
