AIR LAW, REGULATION AND
COMPLIANCE MANAGEMENT
COURSE DESIGNED FOR
ISTANBUL TECHNICAL UNIVERSITY AND THE TURKISH AVIATION ACADEMY
BY McGILL UNIVERSITY INSTITUTE OF AIR AND SPACE LAW
AIRLINE LIABILITY FOR
PASSENGER INJURY, DEATH AND
DELAY, Part II
Prof. Ludwig Weber, McGill University
ISTANBUL, 10 FEBRUARY 2016
AIRLINE LIABILITY FOR
PASSENGER INJURY, DEATH AND DELAY
SUMMARY MONTREAL CONVENTION 1999:
REMOVED LIMITS OF LIABILITY
TWO-TIER SYSTEM OF LIABILITY
NOTION OF ADVANCE PAYMENTS
ADEQUATE LIABILITY INSURANCE
COMPULSORY (ART. 50)
OTHER INNOVATIONS
AIR CARRIER LIABILITY FOR
PASSENGER INJURY, DEATH AND DELAY
Cases other than accidents covered by
special legislation/regulations in many
countries
EU: Regulation 261/2002
US: Denied Boarding Compensation Rule
Canada: Regulation on Handicapped
Passengers
MONTREAL CONVENTION 1999IMPLEMENTATION
- STATUS OF IMPLEMENTATION:
- MANY STATES PARTIES HAVE PASSED IMPLEMENTING LEGISLATION
- IN THE EU, REGULATION (EC) 889/2002 WAS PASSED, ON THE BASIS OF Decision 2001/539/EC
;
REGULATION (EC) 889/2002 RENDERS MONTREAL ’99 APPLICABLE TO ALL INTERNATIONAL AND DOMESTIC ROUTES IN THE EU
MONTREAL CONVENTION IMPLEMENTATION
- EU REGULATION (EC) 785/2004 ON INSURANCE REQUIREMENTS FOR AIR CARRIERS WAS PASSED IN 2004
- REGULATION (EC) 785/2004 DEFINES MINIMUM
INSURANCE REQUIREMENTS FOR AIR CARRIERS:
- 250,000 SDR PER PASSENGER
- 1,000 SDR PER PASS. FOR BAGGAGE
- 17 SDR PER KG FOR CARGO
MONTREAL CONVENTION IMPLEMENTATION
- UNITED STATES: US CODE OF FED. REGULATIONS, Sec. 205.5
- 300,000 USD PER PASS.
- 20 MILL. PER AIRCRAFT PER OCCURR.
- CANADA: AIR TRANSPORT REGULATIONS,
Sec. 7
- 300,000 CAD PER PASS.
- NO MINIMUM FOR BAGGAGE OR CARGO
INCREASE IN LIABILITY LIMIT
Escalator clause of Art. 24 MC: provides
for periodic review and adjustment of
liability limits by ICAO, incl. pax. limit
First such review in 2009, 5 years after
entry into force
Accumulated inflation of appr. 13,5 % -
consequent adjustment of the first tier to
113,100 SDRs, and to 4694 SDR for
delay. Cargo limits also adjusted.
CONCLUSION
Lion’s share of international air transport
carried under Warsaw/Montreal ‘99 regime
Warsaw has 152 States parties
Montreal ‘99 has now 119 States parties
incl. U.S., E.U. States, China, Japan, India, Brazil,
Australia, and growing
Industry standards (IATA, FIATA) have
adapted to Montreal ‘99 regime (ticket and
AWB notices)