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Air Transport (Licensing) Regulations 1950

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:



$30.00

(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:







$200.00


B Flights carrying fifty or more than fifty passengers—

(a) where the permit is expressed to be for one flight:


$1000.00

(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:


$300.00

(ii) exceeds one month but does not exceed three months:



$600.00

(iii) exceeds three months but does not exceed six months:



$1,000.00

(iv) exceeds six months but does not exceed twelve months:



$1,500.00

D Flights carrying cargo—

(a) where the permit is expressed to be for one flight:



$30.00

(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:







$200.00


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.




the fee under paragraph D

(b) where the fee under paragraph A or B as the case may be is higher than the fee under para graph D.




the fee under paragraph A or B, as the case may be.

[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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