EU Legislation
(Civil Aviation Insurance) (Jersey) Regulations 2015
1 Interpretation
(1) In these Regulations –
“aerodrome” has the meaning given to it by Article 1(1)
of the Air Navigation (Jersey)
Law 2014;
“Director” has the meaning given to it under Article 2
of the Civil Aviation (Jersey)
Law 2008;
“Insurance Regulation” means 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 (OJ L 138, 20.4.2004, p1) as amended up to the date of
making of these Regulations;
“Registrar” means the Registrar of Aircraft appointed
under Article 2 of the Aircraft Registration (Jersey) Law 2014;
“relevant authority” means –
(a) in
the case of an aircraft in respect of which a permit is required under Article 105
of the Air Navigation (Jersey)
Law 2014, the Secretary of State or a person authorized to act on his or her
behalf for this purpose; and
(b) in
the case of any other aircraft, the Director;
“State aircraft” means an aircraft referred to in
Article 3(b) of the Convention in International Civil Aviation, signed at
Chicago on 7 December 1944.
(2) Unless the context
otherwise requires, expressions used in both these Regulations and the
Insurance Regulation have the same meaning as in the Insurance Regulation.
2 Director
to perform functions
The Director shall
perform the functions that are required by Articles 5 and 8 of the
Insurance Regulation to be performed by a member State or by the competent
authorities of such a member State and for the purpose of these provisions
Jersey is to be treated as if it were a member State.
3 Offence
of failing to comply with the Insurance Regulation
(1) Subject to paragraph (2),
an air carrier or aircraft operator who fails to comply with any requirement
imposed upon the air carrier or aircraft operator by paragraphs 1 and 2 of
Article 4 of the Insurance Regulation shall be guilty of an offence.
(2) An offence under this
Regulation shall not be committed by –
(a) an
aircraft operator in relation to an aircraft which is registered in a member
State; and
(b) an
air carrier, if the air carrier’s operating licence has been granted by
such a member State.
4 Minimum
insurance in respect of liability for passengers
In accordance with paragraph 1 of Article 6 of the
Insurance Regulation, the level of minimum insurance cover set for liability in
respect of passengers in the case of non-commercial operations by an aircraft
with a maximum take-off mass of 2,700 kg or less, shall be
100,000 SDRs rights per passenger.
5 Provision
of information
(1) This Regulation applies
if –
(a) the
Director, in exercise of his or her functions under Regulation 2, requires
an air carrier or aircraft operator to provide the Director with an insurance
certificate or any other evidence of valid insurance relating to an aircraft
operated by the air carrier or aircraft operator for aviation-specific
liability in respect of passengers, baggage, cargo or third parties; and
(b) the
air carrier or aircraft operator fails to provide within a reasonable period –
(i) the evidence referred
to in sub-paragraph (a), or
(ii) a
declaration in writing that the air carrier or aircraft operator will not
permit that aircraft to be flown other than as a State aircraft unless the air
carrier or aircraft operator has first provided the Director with such a
certificate or such other evidence of insurance.
(2) Where this Regulation
applies –
(a) if the
aircraft is registered under Article 20 of the Aircraft
Registration (Jersey) Law 2014, the
Director shall give notice to the Registrar of the air carrier’s or
aircraft operator’s failure and the Registrar shall, subject to paragraph (3),
cancel the registration of the aircraft; and
(b) the
air carrier or aircraft operator shall be guilty of an offence.
(3) The Registrar shall not
cancel the registration of an aircraft which is the subject of an undischarged
mortgage under the Aircraft Registration (Jersey) Law 2014 unless all
persons shown in the Register as mortgagee of that aircraft have consented to
the cancellation.
6 Provision
of information on application for registration
(1) On applying for the
registration of an aircraft in Jersey under Article 20 of the Aircraft Registration (Jersey) Law 2014, the applicant shall provide
the following to the Registrar –
(a) an
insurance certificate or any other evidence of insurance relating to the
aircraft for aviation-specific liability in respect of passengers, baggage,
cargo or third parties; or
(b) a
declaration in writing that the applicant will not permit the aircraft to be
flown other than as a State aircraft unless the applicant has first provided to
the Registrar such a certificate or such evidence of insurance.
(2) If the applicant fails
to comply with paragraph (1), the Registrar shall refuse the application.
(3) The requirement in Article 13
of the Aircraft Registration
(Jersey) Law 2014 to give notice to the Registrar of changes in the registered
particulars shall not extend to changes in particulars provided under paragraph (1).
7 Provision
of information: overseas-registered aircraft
(1) This Regulation applies
in relation to an air carrier or aircraft operator who is operating, or appears
to the Director to be intending to operate, an aircraft for which a permission
under Article 105 or 107, or a licence under Article 113
or 114, of the Air Navigation (Jersey) Law 2014 is required or has been
granted.
(2) If –
(a) the
Director, in exercise of the functions under Regulation 2, requires the
air carrier or aircraft operator to provide an insurance certificate or any
other evidence of insurance relating to that aircraft for aviation-specific
liability in respect of passengers, baggage, cargo or third parties; and
(b) the
air carrier or aircraft operator fails to provide within a reasonable period –
(i) the evidence
referred to in sub-paragraph (a), or
(ii) a
declaration in writing that the air carrier or aircraft operator will not
permit that aircraft to be flown other than as a State aircraft unless the air
carrier or aircraft operator has first provided the Director or that authorized
person with such a certificate or such other evidence of insurance,
the air carrier or aircraft operator shall be guilty of an offence.
8 Provision
of false information
Any person who for the
purpose of demonstrating compliance with the requirements of paragraphs 1
and 2 of Article 4 of the Insurance Regulation knowingly or recklessly
provides an insurance certificate or other evidence of insurance which is false
in a material respect shall be guilty of an offence.
9 Prevention
of take off
(1) Where the relevant
authority has reason to believe that an aircraft is intended or likely to be
flown in such circumstances that the requirements of paragraphs 1 or 2
of Article 4 of the Insurance Regulation will be contravened, the relevant
authority –
(a) shall
give to the person appearing to the relevant authority to be in command of the
aircraft a direction that the person shall not permit the aircraft to take off
until further notice; and
(b) shall
take such steps as may be necessary to detain the aircraft.
(2) A person who fails to
comply with a direction given to that person under paragraph (1)(a) shall
be guilty of an offence.
(3) The relevant authority
may enter an aerodrome or aircraft for the purposes of carrying out his or her functions
under this Regulation.
10 Obstruction
of relevant authority
A person who intentionally obstructs or impedes the relevant
authority acting in exercise of his or her functions under Regulation 9
shall be guilty of an offence.
11 Penalties
(1) A person guilty of an
offence under Regulation 3(1), 8, 9(2) or 10 shall be liable to imprisonment
for a term of 2 years and to a fine.
(2) A person guilty of an
offence under Regulation 5(2)(b) or 7(2) shall be liable to a fine of
level 3 on the standard scale.
(3) Where an offence under
this Law is committed by a limited liability partnership, a separate limited
partnership, any other partnership having separate legal personality or a body
corporate and is proved to have been committed with the consent or connivance
of –
(a) a person who is a
partner of the partnership, or a director, manager, secretary or other similar
officer of the body corporate; or
(b) any person purporting
to act in any such capacity,
the person is also guilty of the offence
and liable in the same manner as the partnership or body corporate to the
penalty provided for that offence.
(4) Where the affairs of a
body corporate are managed by its members, paragraph (3) applies in
relation to acts and defaults of a member in connection with the member’s
functions of management as if he or she were a director of the body corporate.
12 Citation
These Regulations may be cited as the EU Legislation (Civil Aviation
Insurance) (Jersey) Regulations 2015.