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BERMUDA STATUTORY
INSTRUMENT
SR&O 15/1950
AIR TRANSPORT
(LICENSING) REGULATIONS 1950
[made under
sections 5, 6 and 7 of the Civil Aviation (Licensing of Air Transport and
Commercial Flying) Act 1950 [title 23 item
2] and brought into operation on 10
June 1950]
ARRANGEMENT OF
REGULATIONS
PART I
1 Citation
2 Interpretation
3 External air service oper ators
PART II
LICENSING OF SCHEDULED AIR SERVICES
4 Application of Part II
5 Restrictions on use of air craft on
scheduled air ser vices
6 Applications for licence to use aircraft
on scheduled air services
7 Grant of licence
8 Period of validity of licence for
scheduled air services
9 Provisional licence
10 Licence fees
11 Surrender and cancella tion of licence
12 Form of representation or objection
13 Public enquiry
14 Monthly returns
15 Public enquiry before re vocation or
suspension of licence
16 Use of forms
PART III
LICENSING OF CHARTER AIR SERVICES
17 Application of Part III
18 Restrictions on use of air craft on charter
air ser vices
19 Applications for permit to use aircraft on
charter air services
20 Grant of permit
21 Permit fees
22 Revocation or suspension of permit
23 Notice to holder of permit
24 Appeal to Air Transport Licensing Board
PART IV
25 General conditions
26 Restrictions on assign ment
27 No right to continuance of benefits
28 Appeal to Governor
29 Stay pending appeal
30 Service of documents
FIRST SCHEDULE
Forms
SECOND SCHEDULE
Public enquiries
PART I
PRELIMINARY
Citation
1 These Regulations may be cited as the
Air Transport (Licensing) Regulations 1950.
Interpretation
2 In these Regulations
"the Act"
means the Civil Aviation (Licensing of Air Transport and Commercial Flying) Act
1950 [title 23 item 2];
"air
service" means any service performed by an aircraft for hire or reward:
Provided that a member
of a flying club carried in an aircraft the property of the club for the
purpose of instruction in flying
shall not, if the instructor is also a member
of the flying club, be deemed to be carried for hire or reward, notwithstanding
that
payment is made for such instruction or carriage;
"the Board"
means the Air Transport Licensing Board;
"charter air service" means any
service performed by an aircraft for hire or reward where the aircraft is at
the disposal
of the charterer;
"the Convention
of International Civil Aviation" and the "In ternational Air Services
Transit Agreement" mean,
respec tively, the Convention and the Agreement
so styled which were signed at Chicago on behalf of His Majesty's Govern ment
in
the United Kingdom on the 7th December, 1944;
"the
Director" means the Director of Civil Aviation;
"Licence"
means a licence granted by the Board under regulation 7;
"permit"
means a permit granted by the Director under regula tion 20;
"provisional
licence" means a provisional licence granted by the Board under regulation
9;
"scheduled air
service" means a commercial air service operating to a published
time-table and fare structure available
directly to the general public;
"scheduled
journey", in relation to an air service, means one of a series of journeys
which are undertaken between two
places, and which together amount to a
systematic service operated in such a manner that the benefits thereof are made
available
to members of the public from time to time seeking to take advantage
of them.
External air
service operators
3 (1) Nothing
in these Regulations shall apply as respects any external air service operator,
with respect to journeys performed by such
operator in accordance with the
provisions of any agreement for the time being in force between Her Majesty's
Government in the
United Kingdom and the Government of the country in which is
the operator's principal place of business.
(2) In this regulation —
"external air
service operator" means any person who operates an air service and whose
principal place of business is
in a country other than the United Kingdom or
any territory for whose foreign relations Her Majesty's Government in the
United
Kingdom is responsible.
PART II
LICENSING OF
SCHEDULED AIR SERVICES
Application of
Part II
4 Nothing in this Part shall have effect
in relation to the carriage of passengers, mails or cargo by air for hire or
reward upon
air services other than scheduled air services.
Restrictions on
use of aircraft on scheduled air services
5 (1) Subject
to these Regulations, no person shall use or cause or allow to be used any
aircraft for the carriage in Bermuda of passen
gers, mails or cargo for hire or
reward upon any scheduled journey be tween two places, of which at least one is
in Bermuda, except
under, and in accordance with any conditions specified in, a
licence or provisional li cence granted or issued by the Board.
(2) Any person who contravenes any of the
foregoing provisions of this regulation commits an offence against these
Regulations:
Punishment:—
(a) on summary conviction in the case of a first
offence, im prisonment for 3 months or a fine of $8,400 or both such
imprisonment and
fine;
(b) on summary conviction in the case of a second
or sub sequent offence imprisonment for 6 months or a fine of $16,800 or both
such
imprisonment and fine;
(c) on conviction on indictment in the case of a
second or subsequent offence, imprisonment for 2 years or a fine of $84,000 or
both
such imprisonment and fine.
(3) Nothing in the foregoing provisions of this
regulation shall have effect in respect of the use of any aircraft registered
in a state
which is a party to the International Air Services Transit
Agreement—
(a) in connection with a flight by the aircraft
over Bermuda in any circumstances where the aircraft does not land therein; or
(b) in
connection with a flight by the aircraft over Bermuda where the aircraft lands
therein in accordance with the provisions of that
Agreement.
Applications for licence to use aircraft on scheduled air
services
6 (1) Application
for a licence to use aircraft on scheduled air services shall be made to the
Board in Form A in the First Schedule.
(2) Notwithstanding anything in paragraph (1),
any person making application for the grant of a licence as aforesaid shall,
upon demand,
furnish the Board with such additional information as they may
reasonably require for the due discharge of their duties with respect
to the
application.
Grant of
licence
7 (1) A
licence to use aircraft on scheduled air services may be granted by the Board
to a person who has duly made application therefor
and who has paid the fee
prescribed in regulation 10(1), or, in such other special circumstances as the
Board may think fit, it
may issue a licence to any other person.
(2) The licence shall be in such form as the
Board may deter mine and there shall be specified therein any conditions which
the Board
think fit to attach thereto.
(3) Notwithstanding anything in paragraph (2),
it shall be deemed to be a condition specified in every licence—
(a) that the holder of the licence and any person
having a financial interest in the business of the holder of the li cence shall
refrain
from stipulating that any other per son—
(i) shall refuse booking facilities to any
other per son who is the holder of a licence;
(ii) shall grant such facilities to such
other holder only upon onerous terms;
(b) that the holder of the licence shall comply
with the re quirements of regulation 14 relating to the rendering of monthly
returns;
(c) that the holder of the licence shall perform all
such rea sonable services as the Postmaster-General may from time to time
require
in respect of the conveyance of mails and of persons in charge thereof
upon journeys made under the licence, upon such terms and
conditions as
respects remuneration as may from time to time be de termined by agreement
between the holder of the licence and
the Postmaster-General; and
(d) that the holder of the licence shall comply
with the re quirements deemed to be imposed by the operation of regulation 25.
(4) In construing paragraph (3)(c), it shall be
deemed to be a further condition specified in the licence that, in the event of
a failure
on the part of the holder of the licence and the Postmaster-General
to determine by agreement terms and conditions as respects remuneration
for the
services mentioned in paragraph (3)(c), the holder of the licence will as soon
as may be submit the difference to arbitration
in the manner provided in, and
subject to the Arbitration Act 1986 [title
8 item 75], and will accept any award duly made under that Act.
Period of
validity of licence for scheduled air services
8 A licence shall (unless earlier
revoked or suspended under sec tion 9 of the Act) remain in force for such
period not exceeding
ten years as may be specified therein:
Provided that where, on
the date on which a licence would oth erwise expire, the holder of that licence
has duly made an application
for the grant of a new licence in substitution for
the existing licence but that application has not yet been determined by the
Board, then in any such case the existing licence shall (unless earlier revoked
or suspended un der section 9 of the Act) be deemed
to remain in full force and
effect until that application is either granted or refused.
Provisional
licence
9 (1) Where
the Board may grant or issue a licence under regu lation 7(1), the Board may
issue a provisional licence which shall remain
in force for such period not
exceeding twelve months as shall be specified in that licence.
(2) Regulation 5(1) and regulation 7(2) and (3) shall
have effect with respect to a provisional licence issued under this regulation
as they have with respect to a licence granted under regulation 7(1).
Licence fees
10 (1) The
fee to be paid in respect of the grant of a licence under regulation 7 shall be
$900.00 for each year or part of a year of the
term for which the licence is
expressed to remain in force.
(2) The fee to be paid in respect of the issue
of a provisional li-
cence
under regulation 9 shall be $220.00.
(3) Where a fee is paid to the Board in respect
of the grant of a licence or the issue of a provisional licence no refund of
any part
of the fee shall be made to the holder of the licence or provisional
licence whether upon the surrender of the licence or otherwise:
Provided that where a
licence is surrendered under regulation 11 before the date upon which such
licence would other wise cease
to have effect and upon the grant of a new
licence authorizing the use of aircraft on scheduled air services on the same
route,
then in any such case the Board may refund to the holder of the licence
so sur rendered a sum calculated at the rate of one hundred
and twenty dollars
[sic] for each period of six months
of the unexpired period of the licence, less a sum of twenty-four dollars.
[Regulation 10 amended by BR
50/1989 effective 1 January 1990]
Surrender and
cancellation of licence
11 (1) The
holder of a licence or a provisional licence may at any time surrender the
licence to the Board for cancellation; and the licence
shall accordingly be
cancelled, and shall cease to be of any effect.
(2) Where, before the expiration of the term
expressed in a li cence, a new licence is granted by the Board to the holder of
the original
licence, the original licence shall be deemed to have been
cancelled upon the date on which the new licence is expressed to take
effect,
and shall be surrendered to the Board by the holder.
Form of
representation or objection
12 Where a person is desirous of making
representations or objec tions under section 6(2) of the Act with regard to any
application
for the grant of a licence he shall complete Form B in the First
Schedule and shall cause that form duly completed and signed to
be delivered to
the Board within fourteen days of the publication in the Gazette of particu lars
of the application in pursuance
of section 6 of the Act.
Public enquiry
13 The Second Schedule shall have effect
with respect to the hold ing of an enquiry by the Board under section 6(3) or
section 9(2)
of the Act.
Monthly returns
14 (1) Every
person who is the holder of a licence shall render a monthly return to the
Board in respect of the operation of the air service
authorized by the licence.
(2) Any such return shall be in such form and
shall contain such particulars as the Board, by written notice to the holder of
the li
cence, may from time to time require.
(3) Any such return shall be rendered to the
Board not later than two months after the expiration of the month to which the
return relates.
Public enquiry
before revocation or suspension of licence
15 Where a person who is the holder of a
licence is given notice by the Board, in pursuance of section 9(2) of the Act,
of the intention
of the Board to revoke or suspend the licence, such person may
within seven days of the date of the receipt of such notice require
the Board
by notice in Form C in the First Schedule to hold a public enquiry before so re voking
or suspending the licence.
Use of forms
16 The following forms in the First
Schedule shall respectively be the prescribed forms for the purpose hereinafter
mentioned in this
regu lation, that is to say—
(a) Form D, for the publication of particulars of
an applica tion for the grant of a licence, in pursuance of section 6(1) of the
Act;
(b) Form E, for the notification of the holding of
an enquiry under section 6(3) of the Act to a person mentioned in section 6(4)
of
the Act;
(c) Form F, for giving notice to the holder of a
licence of the intention of the Board to revoke or suspend the licence under
section
9 of the Act;
(d) Form G, for the notification of the holding of
an enquiry under section 9(2) of the Act to the holder of the licence in
question;
(e) Form H,
for the publication of the substance of decisions of the Board as mentioned in
section 10(a) and (b) of the Act.
PART III
LICENSING OF
CHARTER AIR SERVICES
Application of
Part III
17 Nothing in this Part shall have effect
in relation to the carriage of passengers, mails or cargo by air for hire or
reward upon
scheduled air services.
Restrictions on
use of aircraft on charter air services
18 (1) Subject
to these Regulations, no person shall use, or cause or allow to be used, any
aircraft for the carriage in Bermuda, or between
any two places of which at
least one is in Bermuda, of passengers, mails or cargo for hire or reward,
except under, and in accordance
with any conditions specified in, a permit
granted by the Director of Civil Aviation.
(2) Any person who contravenes any of the
foregoing provisions of this regulation commits an offence against these
Regulations:
Punishment:—
(a) on summary conviction in the case of a first
offence, im prisonment for 3 months or a fine of $8,400 or both such
imprisonment and
fine;
(b) on summary conviction in the case of a second
or sub sequent offence imprisonment for 6 months or a fine of $16,800 or both
such
imprisonment and fine;
(c) on conviction on indictment in the case of a
second or subsequent offence, imprisonment for 2 years or a fine of $84,000 or
both
such imprisonment and fine.
(3) Nothing in the foregoing provisions of this
regulation shall have effect in respect of the use of any aircraft registered
in a State
which is a party to the Convention on International Civil Aviation—
(a) in connection with a flight by the aircraft
over Bermuda where the aircraft does not land therein; or
(b) in connection with a flight by the aircraft
over Bermuda where the aircraft lands therein for non-traffic purposes only.
Applications for permit to use aircraft on charter air
services
19 Application for a permit to use
aircraft for charter air services shall be made to the Director in such form,
and shall contain
such par ticulars, as the Director may from time to time
require.
Grant of permit
20 (1) The
Director may grant to any person who has duly made application therefor, and
who has paid to the Director the fee prescribed
in regulation 21, a permit to
use aircraft for the provision in Bermuda of an air service (other than such an
air service as is
referred to in regula tion 5(1)) for such period, and subject
to such conditions, as may be specified in the permit.
(2) The Director may attach such conditions to
any permit as he may think fit having regard to the nature and circumstances of
the application
made therefor.
(3) Nothing in paragraph (2) shall derogate from
regulation 25.
(4) A permit shall be in such form as the
Director may deter mine.
Permit fees
21 The fees to be paid for the grant of a
permit under regulation 20 are those set forth in Column 2 of the Table below
with respect
to the matters described in Column 1 of that Table—
|
Column 1 |
Column 2 |
A Flights carrying
less than fifty pas sengers—
|
(a) where the permit is expressed to be for one flight: |
|
|
(b) where the permit is expressed to be for more than one flight,
and, where the term for which the permit is ex pressed to remain
in force
does not exceed twelve months: |
|
B Flights carrying
fifty or more than fifty passengers—
|
(a) where the permit is expressed to be for one flight: |
|
|
|
(b) where the permit is expressed to be for more than one flight, and
where the term for which the permit is ex pressed to remain in
force— |
|
|
|
(i) does
not exceed one month: |
|
|
|
(ii) exceeds
one month but does not exceed three months:
|
|
|
|
(iii) exceeds
three months but does not exceed six months:
|
|
|
|
(iv) exceeds
six months but does not exceed twelve months: |
|
|
D Flights carrying
cargo—
|
(a) where the permit is expressed to be for one flight: |
|
|
(b) where the permit is expressed to be for more than one flight and
where the term for which the permit is ex pressed to remain in
force does not
exceed twelve months: |
|
E Flights carrying
cargo and passen gers —
|
(a) where the fee under paragraph D is more than the fee under
paragraph A or B as the case may be. |
|
|
(b) where the fee under paragraph A or B as the case may be is higher
than the fee under para graph D. |
|
[Regulation
21 amended by BR 50/1989 effective 1 January 1990]
Revocation or suspension
of permit
22 (1) Where
a permit to use aircraft has been granted by the Di rector to any person, the
Director may revoke or suspend the permit—
(a) if the holder of the permit has, since the date
on which the permit was granted, been convicted of using, or causing or
allowing
the use of an aircraft in contraven tion of regulation 5 or regulation
18; or
(b) if, where the holder of the permit is a body
corporate, any officer of the body corporate has, since the date on which the
permit
was granted, been convicted of using, or causing or allowing the use of,
an aircraft in contra vention of the said regulations 5
or 18; or
(c) if the holder of the permit has failed to
comply with any condition subject to which the permit was granted.
(2) In this regulation, "officer", in
relation to a body corporate, means a Director, General Manager, Secretary or
other
similar officer, and includes any person who, with the authority of the
body corporate, acts as such officer.
Notice to
holder of permit
23 Where the Director decides to refuse
the grant of a permit, or to revoke or suspend a permit, he shall forthwith by
notice in writing
in form the person who has made application for the grant of
the permit, or, as the case may be, the holder of the permit; and any
such
notice shall set out the grounds upon which the permit has been refused,
revoked or
suspended.
Appeal to Air
Transport Licensing Board
24 Any person interested in the grant,
refusal, revocation or sus pension of a permit who is aggrieved by any decision
of the Director
with respect to any condition specified in a permit, or with
respect to the re fusal, revocation or suspension of a permit may,
within seven
days of re ceiving the permit or, as the case may be, a notice given in
pursuance of regulation 23, appeal to the
Board by notice in writing addressed
to the Director; and the Board may determine any such appeal, and may make such
order as appears
to them just; and may inform the appellant in writing of their
decision; and the Director (insofar as regards his duties under these
Regulations) shall govern himself accordingly.
PART IV
GENERAL AND
SUPPLEMENTAL PROVISIONS
General
conditions
25 Without prejudice to anything in these
Regulations, it shall be deemed to be a condition of every licence, provisional
licence or
permit granted under these Regulations that the requirements of any
provision of law for the time being in force in Bermuda relating
to air naviga tion
or air transport will be duly complied with at all times during the currency of
the licence, provisional licence
or permit in connection with every journey
made under the authority of the licence, provisional licence or permit.
Restrictions on
assignment
26 A licence, provisional licence or
permit granted under these Reg ulations shall not be capable of being
transferred or assigned:
Provided that in the event of the
death, incapacity, bankruptcy, sequestration or liquidation of the holder of a
licence, provisional
licence or permit, or of the appointment of a receiver or
manager or trustee in relation to the business of the holder of a licence,
provisional licence or permit the person for the time being carrying on that
business shall, if within fourteen days of his commencing
to do so, he duly
makes appli cation to the Board, or, as the case may be, to the Director, for a
new li cence, provisional licence
or permit, be entitled to provide the air
services authorized by the existing licence, provisional licence or permit
subject to
the conditions thereof, until such time as his application is deter mined.
No right to
continuance of benefits
27 Nothing in these Regulations confers
upon the holder of a li cence, provisional licence, or permit, or upon any
other person, any
right to the continuance of any benefits arising from the
provisions of these Regulations or from any licence, provisional licence
or
permit granted thereunder or from any licence, provisional licence or permit
granted thereunder or from any conditions attached
to any such licence, provi sional
licence or permit.
Appeal to
Governor
28 Where a person desires to appeal to the
Governor from a deci sion of the Board under section 11 of the Act—
(a) the person desiring to appeal as aforesaid
shall within seven days after receiving notice of the decision of the Board
lodge his
appeal by way of notice to the Secretary to the Cabinet;
(b) any such notice shall be in writing, shall set
out the de cision appealed against, and shall specify the grounds upon which
the
appeal is made;
(c) any such notice shall be accompanied by a
deposit of the sum of $120 into the Consolidated Fund;
(d) in the event of the allowance of the appeal the
sum of $120 shall be paid out of the Consolidated Fund to the person who lodged
the appeal; but in the event of the dismissal of the appeal the said sum shall
be forfeited to the Crown.
Stay pending
appeal
29 Where a person duly lodges an appeal
against a decision of the Board or of the Director to revoke or suspend a
licence, provisional
li cence or permit, then, subject as hereinafter provided,
any requirements and liabilities arising from the decision shall be stayed
and
shall be of no effect pending the determination of the appeal
Provided that in any case where the
Board (or, in the case of an appeal against a decision of the Director, then
the Director),
certifies that the revocation or suspension of the licence,
provisional licence or permit is in the interests of public safety,
then the
revocation or
suspension shall remain in full force and effect pending the determination of
the ap peal.
Service of
documents
30 Any notice or other document which is
required or authorized by or under these Regulations to be given to or served
upon any person
may be given or served—
(a) by delivering it to that person; or
(b) in the case of the Secretary to The Cabinet or
the Director, by leaving it at his office or by sending it in a prepaid letter
addressed
to him at his office; or
(c) in the case of any other person, by leaving it,
or by sending it in a prepaid letter addressed to him, at his usual or last
known
residence; or
(d) in the case of a corporate body or other body
of persons, by delivering it to the secretary or clerk thereof at their
registered
or principal office, or by sending it in a pre paid letter addressed
to the secretary or clerk at that of fice.
SCHEDULES
FIRST SCHEDULE
Forms
FORM A
Application for
Licence to Operate a Scheduled Air Service
TO: The Air Transport Licensing Board.
1 Name of applicant (if body corporate,
give full particulars and title)
2 Nationality of applicant
3 Country in which aircraft to be used
are registered
4 Registered business address:
(a) Head Office
(b) Local Office in Bermuda
5 Particulars of route on which it is
desired to operate—
(a) Place of departure
(b) Place of final destination
Intermediate landing places—
(i) For traffic purposes
(ii) For non-traffic purposes
(iii) Weather alternates
6 Period for which licence is required
7 Type of aircraft to be used and
passenger seating capacity
8 Crew to be carried (number and
function)
9 Annexures:
(1) Proposed schedule of frequencies with
details of intended time tables.
(2) Passenger rates (through and
intermediate).
(3) Freight rates (through and
intermediate).
(4) Air mail conveyance rates (through and
interme diate)
(5) Free baggage allowances and excess
baggage rates.
(6) Total number of aircraft belonging to
applicant (individual types and seating capacity).
(7) Total aircrew personnel on payroll (e.g.
pilots, co-pilots, navigators, radio operators, flight en gineers, pursers,
stewardesses,
etc.).
(8) Details of Insurance Policies in respect
of the use of aircraft on the proposed routes.
* NOTICE—I hereby give notice that I desire the
Air Transport Li censing Board to conduct an enquiry (*in
public/*in private) to consider this application.
Date [blank] Signed [blank]
*Delete if not applicable.
FORM B
Representations
or Objections Regarding Proposed
Scheduled Air Service
With reference to the
published notice dated [blank]
regarding the undermentioned application to operate a scheduled air service and
in accordance with section 6(2) of the Civil Aviation
(Licensing of Air Trans port
and Commercial Flying) Act 1950 [title 23
item 2], I beg to submit representations/objections relating thereto; and I
hereby give notice (in accordance with regulation 12 of the
Air Transport (Licensing)
Regula tions 1950 [title 23 item 2(a)]),
that I require the Air Transport Licensing Board to hold a Public Enquiry*
before the said application shall be de termined.
2 The application referred to is that
made by [blank] (the applicant) to
operate an air service between [blank]
and [blank].
3 Representations/objections are as
follows:
*NOTICE—Delete sub-paragraph above if a Public
Enquiry is NOT required. Such Notice
must be received by the Air Transport Li censing Board within 14 days of the
date of the first publication of the application.
Date [blank] Signed
[blank]
FORM C
Requirement to
Hold Public Enquiry Prior to Revocation
or Suspension of Licence
TO: The Air Transport Licensing Board.
With reference to
notice given by the Air Transport Licensing Board under section 9(2) of the
Civil Aviation (Licensing of Air Transport
and Commercial Flying) Act 1950 [title 23 item 2], of the intention of the Board to revoke/suspend the licence
granted to [blank] on [blank] to op erate a service between [blank] and [blank]. I hereby require
the Air Transport Licensing Board to hold a Public Enquiry before revoking or
suspending the licence aforesaid.
Date [blank] Signed
[blank]
FORM D
Publication of
Particulars of Application with Respect to the Operation of Scheduled Air
Services
In accordance with
section 6(1) of the Civil Aviation (Licensing of Air Transport and Commercial
Flying) Act 1950 [title 23 item 2],
the Air Transport Licensing Board hereby publish the prescribed particulars of
the undermentioned application to operate scheduled
air services in, or to or
from, Bermuda.
Any representations
regarding such application and any objec tions thereto requiring the holding of
a Public Enquiry must be in
the prescribed form and be received by the Air
Transport Licensing Board within 14 days after the date of the first
publication
of this notice.
Particulars of
Application with Respect to the Operation
of Scheduled Air Services
1 Applicant
2 Date of first publication of
application
3 Details of route and privileges
applied for
4 Details of services
5 Places of departure and final
destination and intermediate places of calling
6 Frequency of flights
7 Provisional time table
8 Type(s) of aircraft to be used
Date [blank] Signed
[blank]
Chairman,
Air Transport Licensing Board.
FORM E
Notification of
Enquiry Before Determining Application
with Respect to the Operation of Scheduled Air Services
TO: [blank]
Take Notice that, in
accordance with section 6(3) of the Civil Avi ation (Licensing of Air Transport
and Commercial Flying) Act
1950 [title 23
item 2], the Air Transport and Licensing Board will hold a Pri vate/Public
Enquiry to consider the application for a licence made by [blank] in respect of [blank]
and that you are permitted to attend this En quiry for the purpose of being
heard with regard to the said application; And Further
Take Notice that the
Enquiry will be held on (date) at the
hour of [blank] at (place of meeting) and that you are
required to notify me as soon as possible whether or not you will be present or
represented at the Enquiry.
Date [blank] Signed
[blank]
Chairman,
Air Transport Licensing Board.
FORM F
Notification of
Enquiry Concerning the Revocation/Suspension
of a Licence in Respect of the Operation of Scheduled Air Services
TO: [blank]
Take Notice that, in
accordance with section 9(2) of the Civil Avi ation (Licensing of Air Transport
and Commercial Flying) Act
1950 [title 23
item 2], the Air Transport Licensing Board will hold an enquiry to consider
the revocation/suspension of the licence number [blank] held by you with respect to a scheduled air service on the
route [blank] on the grounds set out
below and that you are permitted to be present at that Enquiry; And Further
Take Notice that you are required
to state (a) if you will be present or
represented (b) if you desire the Enquiry to be held in public.
The Enquiry will take
place at (place) on (date) at the hour of [blank]
Grounds:
Date [blank] Signed
[blank]
Chairman,
Air Transport Licensing Board.
REPLY
TO: The Air Transport Licensing Board.
I hereby acknowledge
receipt of your notification dated [blank]
and inform you that I shall be present/represented by [blank] at the En quiry which I desire should be held in
private/public.
Date [blank] Signed
[blank]
FORM G
Notification of
an Enquiry Before Revocation or Suspension of Licence with Respect to the
Operation of Scheduled Air Services
TO: [blank]
Take Notice that, in
accordance with section 9(2) of the Civil Avi ation (Licensing of Air Transport
and Commercial Flying) Act
1950 [title 23
item 2], the Air Transport Licensing Board will hold a Private/Public
Enquiry to consider the revocation/suspension of licence number [blank] granted to you with respect to
the operation of a scheduled service on the route [blank] upon the grounds set out below; And Further Take Notice that
the Enquiry will be held on (date) at
(place of meeting) and that you are
permitted to attend this Enquiry for the purpose of being heard with regard to
the said revocation or suspension
and that you are required to notify me as
soon as possible whether or not you will be present or rep resented at the
Enquiry.
Grounds:
Date [blank] Signed
[blank]
Chairman,
Air Transport Licensing Board.
FORM H
Publication of
Decision of the Air Transport Licensing Board
Regarding the Grant, Refusal, Suspension, or Revocation of a Licence
In accordance with
section 10(a) and (b) of the Civil Aviation (Licensing of Air Transport and
Commercial Flying) Act 1950 [title 23
item 2], the Air Transport Licensing Board hereby publish the following par ticulars
of their decisions regarding the grant, conditional
grant, or re fusal of a
licence with respect to the operation of the undermentioned proposed services
and/or of their decisions
regarding the revocation or suspension of the
existing licence to operate the services specified.
Applicant or
Licence Holder
Licence Number
Date of Application or Licence
Route(s)
Other particulars:
DECISIONS
(1) Licence granted (no reason)
(2) Application refused for the following
reason(s)
(3) Licence number [blank] revoked, for the following reason(s)
(4) Licence number [blank] suspended, for the following reason(s)
Date [blank] Signed
[blank]
SECOND SCHEDULE
Holding of Public Enquiries
1 The Chairman of the Board may issue a
summons under his hand to any person requiring that person to attend as a
witness before the
Board at a time and place specified in the summons; and in
this Schedule "summons" is sued to denote a summons issued
under the
authority of this paragraph and "summoned" shall be construed accord ingly.
2 A summons to attend before the Board
may require the person summoned to produce to the Board on so attending any
document, specified
or referred to in the summons, which is in his possession
or under his control or otherwise available to him.
3 A summons to attend before the Board
requires—
(a) that the person summoned shall remain in
attendance as a witness before the Board until his further atten dance is
excused by the
Chairman of the Board; and
(b) that if while the person summoned is in
attendance the Board adjourns, then he shall, if so directed by the Chairman of
the Board,
attend again as a witness before the Board at a time and place
specified by the Chairman, and shall then remain in attendance until
his
further attendance is excused by the Chairman:
Provided that nothing shall be construed as precluding the issue
of a fresh summons to a person who has al ready been summoned, whether
his
further attendance under the previous summons has been excused or not, or whether
or not he had been directed (on an adjourn
ment) to attend again before the
Board.
4 A person who, having been duly
summoned, is in attendance as a witness before the Board may be required by the
person for the time
being acting as chairman of the Board to give evidence on
oath or, where an affirmation is permitted under the Evidence Act 1905
[title 8 item 10], on affirmation; and
such person for the time being acting as chairman of the Board may administer
an oath or affirmation for
the purpose in the form ordinarily used in
proceedings before a court in Bermuda.
5 With respect to the giving of evidence
on oath or affirmation be fore the Board, the proceedings of the Board shall be
deemed to
be judi cial proceedings within the meaning of the Criminal Code [title 8 item 31] which relate to
perjury.
6 If any person—
(a) on being duly summoned to attend as a witness
before the Board, fails without reasonable excuse—
(i) to attend in accordance with the terms
of the summons; or
(ii) to remain in attendance until he is
excused from Further attendance; or
(iii) to
attend again in accordance with any direction given to him, as mentioned in
paragraph 3(b); or
(b) while in attendance as a witness before the
Board, after having been duly summoned—
(i) refuses to make an oath or (as the case
may be) an affirmation when duly required to do so; or
(ii) refuses to answer any question put to
him by a member of the Board; or
(iii) refuses to produce to the Board any
document in his possession or under his control or other wise available to him
which he is required
by the terms of the summons to produce; or
(iv) uses any insulting or threatening
language to wards or in the hearing of the Board or any member thereof, or
causes any disturbance
or interruption in the proceedings of the Board,
then subject as
hereinafter provided, he shall be guilty of an offence against these
Regulations, and shall be liable on conviction
by a court of summary
jurisdiction to a fine not exceeding $840:
Provided that, in respect of a
refusal to answer a question or to produce a document, a person shall not be
guilty of an offence
if he re fuses to answer any question or to produce any
document which he could not be required to answer or produce in proceedings
before a court in Bermuda.
7 Where in accordance with this Schedule
any document has been produced to the Board, the Board may retain the document
for so long
as is reasonable necessary to make a copy thereof or to take
extracts there from, or as may be required for the proper and convenient
discharge of their functions.
8 The Board, upon concluding an enquiry,
may make such order as to the payment of costs (including the reasonable
compensation for
witnesses duly attending and giving evidence before the Board)
as ap pears to the Board to be just, and any sum falling to be paid
under any
such order may be recovered by the Board before a court of summary ju risdiction
in the manner described by the Magistrates
Act 1948 [title 8 item 15], for the recovery of a debt or liquidated demand.
[Amended by
BR 50/1989]
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