CARRIAGE BY AIR AMENDMENT BILL, 2006

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CARRIAGE BY AIR AMENDMENT BILL, 2006

• 06 SEPTEMBER 2006

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CONTENTS

• PURPOSE OF PRESENTATION
• BACKGROUND
• OBJECT OF AMENDMENT BILL
• CONTENTS OF AMENDMENT BILL
• CONSULTATION
• COMMENTS RECEIVED
• FINANCIAL IMPLICATIONS
• RECOMMENDATION

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PURPOSE

• To request the portfolio committee to approve the
  Carriage by Air Amendment Bill, 2006

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BACKGROUND

• The Convention for the Unification of Certain
  Rules for International Carriage by Air 1999 (
  the Montreal Convention ) was presented to both
  Houses of Parliament for Accession.
• Both Houses have approved for South Africa to
  accede to the Convention.
• The purpose of the Convention is to modernise
  the Warsaw System of liability for the
  international carriage of passengers, baggage and
  cargo.
• The Carriage by Air Amendment Bill seek to give
  effect to the Montreal Convention.

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OBJECTS OF THE AMENDMENT BILL, 2006

• To amend the Carriage by Air Act, 1946, so as to
  insert certain definitions
• To give effect to the International Convention
  for the Unification of certain rules for
  international Carriage by Air
• To apply certain words contained in the said
  Convention
• To extend the Ministers powers to make
  regulations
• To replace the schedule and
• To provide for matters connected therewith.
•  

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CONTENTS OF THE BILL

• Section 1. inserts certain definitions
• Section 2 to 6 propose amendments that will
  facilitate the implementation of the Montreal
  Convention
•  
• Section 8 proposes to insert a provision
  extending the powers of the Minister of Transport
  to make regulations
•  
• Section 9 proposes to replace the Warsaw
  Convention with the Montreal Convention schedule.

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CONSULTATION

• The following Departments / Bodies/ Persons were
  consulted
• Government Departments
• Department of Foreign Affairs
• Department of Justice
• Department of Trade and Industry
• Department of Environmental Affairs and Tourism

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CONSULTATION continued..

• Industry
• CAA - Civil Aviation Authority
• ACSA - Airports Company South Africa
• AASA - Airlines Association of Southern Africa
• CAASA - Commercial Aviation Association of South
  Africa
• Aero Club
• SAA - South African Airways
• COMAIR
• Interair
• Insurance Industry

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COMMENTS RECEIVED

• Comments were received from Comair, and
  subsequently clarified.
• The office of the Chief State Law Adviser (DFA
  and DOJ) are in agreement with the Amendment
  Bill.

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FINANCIAL IMPLICATION

• In terms of article 50 of the Montreal
  Convention, air carriers are required to maintain
  adequate insurance covering their liability under
  this Convention
• Government is therefore, not liable for any
  damages that might occur as a result of any
  delay, loss of baggage or cargo in aircraft
  accidents

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RECCOMMENDATION

• That the Portfolio Committee approves the
  Carriage by Air Amendment Bill, 2006.