have the work done at the expense and risk of the persons civilly liable therefor. The fines shall be recovered by the collectors of the Treasury on the request of the minister concerned or his delegate. Article 3. Violations mentioned in Article 1 may be stated by summons of the officers of the judicial police, the gendarmes and the officials of the administration concerned commissioned for this purpose and sworn under the conditions determined by decree. Such summons shall be prima facie evidence until the contrary is proved. Article 4. This ordinance shall be published in the Journal officel of the French republic and be executed as law. OTHER AIR LAWS IN FORCE IN FRANCE The following other air laws are in force in France: 1) Ordinance No. 45-2401 of October 18, 1945, concerning the functioning of the civil aeronautics in the overseas territories. 2) Ordinance No. 45-2665 of November 2, 1945, concerning consolidation of the metereological services. 3) Decree No. 53-958 of September 30, 1953, concerning housing of personnel of the civil aeronautics on duty outside metropolitan France. INTERNATIONAL CONVENTIONS RATIFIED BY FRANCE AND IN FORCE 1) The Convention on Unification of certain Rules relating to international Carriage by Air, signed in Warsaw on October 12, 1929. Date of ratification: December 12, 1932. 2) Convention on International Civil Aviation, signed in Chicago on December 7, 1944. Date of ratification: Decree No. 47-974 of May 31, 1947. 3) Agreement on Transit of International Air Services, signed in Chicago on December 7, 1944. Date of ratification: Decree No. 48-1231 of July 19, 1948. GERMANY PRELIMINARY The prewar air laws of Germany had not been repealed after the war, although Germany was not permitted any activity in the air. Only on May 5, 1955, was the Federal Republic of Germany given "full responsibility in the field of civil aviation in the Federal territory" (Convention on the Settlement of Matters arising out of the War and the Occupation, as amended by Schedule IV to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed in Paris, October 23, 1954, Chapter 12, Art. 1, German Official Gazette, BGBl. 1955, II, p. 405, 456). The government of the Federal Republic of Germany first submitted a draft aviation law to the Federal Congress on June 28, 1957. Due to lack of time the bill did not pass, and was resubmitted on November 7, 1957 without changes. The lower house passed the bill on October 2, 1958 and the upper house on October 24, 1958. Article 4 of this law, entitled "Law for the Amendment of the Law on Air Navigation" (Gesetz zur Änderung des Luftverkehrsgesetzes) and dated December 5, 1958, provides that the federal minister of transportation may publish a new aviation law, which under Article 7 was to take effect one month from its publication. The new aviation law is an amended version of the aviation law of August 1, 1922 (BGBl. I, p. 681) as published on August 21, 1936 (BGBl. I, p. 653), the law of September 27, 1938 (BGBI. I, p. 1246), the law of January 26, 1943 (BGBl. I, p. 69), the fourth amendment to the Criminal Code of June 11, 1957 (BGBÍ. I, p. 597) and the law concerning measures in the field of the law of transportation and of liability in transportation of July 16, 1957 (BGBl. I, p. 710). It was promulgated on December 10, 1958, and took effect January 10, 1959. For a compilation of air laws and regulations, see Wegerdt-Reuss "Deutsche Luftfahrtgesetzgebung" 3d rev. ed. (Südwest-Deutsche Verlagsanstalt, Mannheim 1959). LAW CONCERNING AIR NAVIGATION (LUFT VG) OF JANUARY 10, 19591 PART II-LIABILITY Section 1. Liability for Persons and Goods Not Transported in the Aircraft.. Section 2. Liability Under the Carriage Contract_ PART III-CRIMINAL PROVISIONS.. Article 33 to 43 44 to 52 53 to 54 55 to 57 58 to 62 Article 1 PART I-AIR TRAFFIC Section 1-Aircraft and Flight Personnel (1) Use of the airspace by aircraft shall be free except as limited by this law, by the law concerning the Federal Institute of Flight Safety (Flugsicherung) of March 23, 1953 (BGBl. I, p. 70) and by the regulations issued for the application of these laws. (2) Aircraft shall be deemed airplanes, helicopters, dirigibles, glider planes, free and captive balloons, kites, flight models and other instrumentalities intended for the use of the airspace. Article 2 (1) German aircraft may navigate only when they are licensed for air traffic (Verkehrszulassung) and, insofar as provided for by regulation, registered in the register of German aircraft (Luftfahrzeugrolle). An aircraft shall be licensed for navigation only when: 1) the prototype of the aircraft is licensed (Musterzulassung), 2) airworthiness is shown in accordance with the testing regulations (Prüfordnung) for flight instrumentalities, 3) the operator of the aircraft is insured in accordance with the provisions of this law or has deposited a bond in the form of money or securities and 4) the technical equipment of the aircraft is such that the noise caused by its operation does not exceed a level which cannot be reduced in view of technological developments at the time. (2) Other flight instrumentalities must also obtain a prototype license in accordance with paragraph (1) no. 1. (3) The provisions of paragraph (1) concerning licensing for air navigation shall apply accordingly to parachutes and starting devices. (4) The license shall be revoked when the conditions of paragraph (1) no longer exist. (5) German aircraft shall bear a nationality mark and a special sign. (6) German aircraft may leave the territory in which this law applies only with the permission of the federal minister for transportation. (7) Aircraft which are not regularly registered and licensed in the territory in which this law applies, may enter into and navigate within the territory in which this law applies only with the permission of the federal minister of transportation, unless there is a general permission under an agreement between the state whose nationality they have and the Federal German Republic. Article 3 (1) Aircraft shall be registered in the aircraft register only when they are the exclusive property of German nationals. Legal persons and commercial corporations that have their place of business in this country shall be deemed German nationals when the preponderant part of their assets or capital and the effective control thereof belongs to German nationals and when the majority of the officers or the persons who are personally liable, are German nationals. The authority in charge of licensing for air circulation may make exceptions in individual cases when special circumstances justify it. (2) The registration shall be cancelled when the conditions provided for in paragraph (1) no longer exist. Article 4 (1) Any persons who conduct or operate an aircraft (Luftfahrer) must be licensed. Such license shall be granted only as follows: 1) when the applicant has the prescribed minimum age, 3) when there are no facts which make the applicant appear unreliable in conducting or operating an aircraft, 4) when the applicant has passed an examination under the regulations for examination (Prüfordnung) of flight personnel. (2) The provisions of paragraph (1) shall be applicable, accordingly to other flight personnel insofar as their activity is subject to a license in accordance with an ordinance issued under Article 32, paragraph (1), no. 4. (3) The license shall be revoked when the conditions provided for in paragraph (1) no longer exist. (4) In the case of practice and examination flights accompanied by flight instructors (Article 5, paragraph (3)) the flight instructor shall be deemed the person who conducts or operates the aircraft. In the case of practice or examination flights not accompanied by flight instructors, the pilot shall require no license if the flight has been ordered and is supervised by a flight instructor. Article 5 (1) Any person who undertakes to train pilots or parachutists needs a license not withstanding the provisions of paragraph (3). The license may be subject to conditions and may be limited in duration. (2) The license shall be denied where the facts justify the assumption that public safety or order may be endangered or that the applicant or his instructors are personally unfit. If such facts appear at a later time, the license shall be revoked. The license may also be revoked if it has not been used for more than one year. (3) Practical instruction may be given only by persons who are licensed to instruct under the regulation for examination of flight personnel (flight instructors). (1) Airports (airdromes, landing areas, glider landing areas) may be established or operated only if authorized. Such authorization may be subject to conditions and may be limited in duration. (2) Before such authorization is granted, it shall be ascertained whether the planned establishment complies with requirements of the area (Raumordnung), regional planning (Landesplannung) and urban development. If the land under consideration is unsuitable or if facts justify the assumption that public safety or order may be endangered, the authorization shall be denied. If such facts appear at a later time, such authorization may be revoked. (3) Authorization for an airdrome serving for general traffic shall also be denied when the establishment and operation of the airdrome for which authorization is requested would be unduly detrimental to the public interest. (4) The authorization shall be amended or modified when this becomes necessary in view of the results of the planning proceedings (Planfeststellungsverfahren) (Articles 8 to 10). Modification of the authorization shall also be required when a substantial enlargement or modification of establishment or operation of the airport is considered. Article 7 (1) The authorizing authority may permit the applicant to undertake preliminary work necessary for the preparation of his application (Article 6) when an examination shows presumptively that the conditions for granting the authorization are fulfilled. (2) The duration of such permission should not exceed two years. Such permission conveys no right to a granting of the authorization as provided for in Article 6. (3) The officials of the authorizing authority may enter upon property affected by the authorization even without the consent of the titleholder, or survey such property and undertake other preparatory work necessary for a final decision concerning suitability of the land. They shall not be entitled to enter inhabited buildings. (4) The authorizing authority may impose conditions on the preparatory work. If from such preparatory work considerable damage may be expected, the authorizing authority shall order deposit of a bond by the applicant. (5) When the preparatory work causes damages the applicant shall immediately upon the occurrence of such damage, pay full compensation in money therefor or, if the injured person so requests, restore the former condition. Cases of litigation concerning the kind and amount of compensation shall be decided by the regular courts. Article 8 (1) Airdromes and landing areas with limited clearance restrictions according to Article 17 may be established, and established ones may be modified, only when the plan has been approved according to Article 10. (2) In the case of a modification or an enlargement of inconsiderable extent approval of the plan (Planfeststellung) may be omitted. Cases of inconsiderable extent shall be deemed to exist in particular when the rights of other persons are not affected or when the persons concerned are known or may become known without formal proceedings and agreements have been reached with the persons concerned. |