Civil Airports Act 1949

[15 June 1949]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires—

"air navigation services" includes information, directions and other facilities furnished, issued or provided for the purposes of or in connection with the navigation or movement of aircraft and also the control of movement of vehicles in any part of the airport used for the movement of aircraft;

"Bermuda Airport" means that part of the airfield in St. George's Parish designated by the Government of the United States of America for use by civil aircraft and any other land owned or leased by the Government and used for the purpose of civil aviation, and includes all other land in the said St. George's Parish, leased by the Government of the United States of America—

(a) which may from time to time vest in, or otherwise come into the possession or under the control of, the Government; and

(b) which the Minister by notice published in the Gazette designates to be used for the purposes of civil aviation;

"civil aircraft" means any aircraft (including balloons, gliders, airships, flying boats, sea planes and aeroplanes) other than military aircraft, that is to say, naval, military or air force air craft and any aircraft commanded by a person in naval, mil itary or air force service detailed for the purpose; and "civil aviation" and "civil airport" shall be construed accordingly;

"the Airport Department" and "the Aviation Department" mean, respectively, the Department of Airport Operations and the Department of Civil Aviation established under section 2(1);

"functions" includes powers and duties;

"Minister" means the Minister for the time being charged with re sponsibility for the control and management of air transport facilities;

"Officer of the Airport Department" and "Officer of the Aviation Department" mean respectively, any public officer duly appointed to the Airport Department or the Aviation Department, as the case may be.

[Section 1 amended by 1994:48 effective 28 December 1994]

Establishment of Departments, etc.

2 (1) The Department of Airport Operations and, subject to section 9, the Department of Civil Aviation are hereby established.

(2) The Airport Department and the Aviation Department shall, subject to the general direction and control of the Minister, be under the supervision of a public officer who shall be known as the Permanent Secretary and, in addition to the Permanent Secretary,—

(a) the Airport Department shall consist of a public officer who shall be known as the General Manager of Airport Operations; and

(b) the Aviation Department shall consist of a public officer who shall be known as the Director of Civil Aviation,and such number of other public officers as may from time to time be authorized by the Governor.

[Section 2 replaced by 1994:48 effective 28 December 1994; and amended by 1998 : 20 effective 18 June 1998]

Functions of Departments

2A (1) The Airport Department shall assist the Minister in the discharge of his functions under this Act, and any other enactment, relating to the operation of the Bermuda Airport, other than functions in respect of which the Aviation Department is charged with the duty to assist the Minister.

(2) The Aviation Department shall—

(a) be responsible on behalf of the Governor for the administration of the Air Navigation (Overseas Territories) Order 1989, and any other Order amending or replacing that Order;

(b) assist the Minister in respect of the observation of the limitations on the exercise of the functions of the Minister imposed by section 3; and

(c) have such other functions relating to the regulation of civil aviation as the Minister may, from time to time, in writing, specify.

[Section 2A inserted by 1994:48 effective 28 December 1994]

Limitations on exercise of functions by Minister

3 Subject as hereinafter provided, the Minister shall exercise and discharge the functions specified in the succeeding provisions of this Act:

Provided that the functions of the Minister specified in section 4(1)(a) and (2) shall be exercised and discharged in such manner as not to conflict or be inconsistent with—

(a) any provision of law in force in Bermuda relating to civil aviation or any direction, order or notice made, given or issued under any such provision of law;

(b) any international convention relating to civil aviation adhered to for the time being by Her Majesty's Govern ment in the United Kingdom or by Her Majesty's Gov ernment in Bermuda, insofar as such provisions apply in relation to civil aviation in Bermuda;

(c) any agreement relating to civil aviation in Bermuda en tered into and for the time being subsisting between Her Majesty's Government in the United Kingdom or Her Majesty's Government in Bermuda and Her Majesty's Government in any of Her Majesty's dominions or the government of any foreign state.

Functions of Minister

4 (1) The Minister shall have the general administration, control and management of the Bermuda Airport.

(2) It shall be the duty of the Minister to provide at Bermuda Airport such services and facilities as are in the opinion of the Minister necessary or desirable for the operation of the airport.

(3) In carrying out his duty under subsection (2), the Minister shall have regard to the development of air transport and to efficiency, economy and safety of operation.

(4) Without prejudice to the generality of subsection (2), the duty imposed upon the Minister by that subsection shall include the duty to provide at the Bermuda Airport air navigation services, airport infrastructure support services and crash, fire and rescue services.

(5) The Minister shall make arrangements for securing the systematic co-ordination of the functions of Departments of the Government of Bermuda falling to be exercised at the Bermuda airport, including the control of immigration, the safeguarding of the revenue, the handling of mail and other post office services, the provision of public transportation and the promotion of the tourist trade.

(6) The Minister shall cause such statistical data to be obtained and recorded, and such records or reports to be published as he may think expedient.

(7) The Minister shall maintain meteorological services in Bermuda.

(8) The Minister, in exercising and discharging his functions under subsections (2), (3), and (4) shall have regard to the aims and intentions of those international conventions relating to civil aviation which are for the time being adhered to by Her Majesty's Government in the United Kingdom or by Her Majesty's Government in Bermuda, and shall, without prejudice to anything in section 3, use his best endeavours to give effect to those aims and intentions.

(9) In this section—

(a) "airport infrastructure support services" includes the provision at the Bermuda Airport of equipment and

facilities in support of air navigation services, crash, fire and rescue services, meteorological services and such other services as in the opinion of the Minister are necessary to facilitate the movement of aircraft whether such movement is on the ground or in the air; and

(b) "crash, fire and rescue services" means such services provided at the Bermuda Airport as in the opinion of the Minister are necessary for the purposes of rescue and fire-fighting in the event of an accident or other incident involving an aircraft occurring at, or in the vicinity of, the Bermuda Airport.

[Section 4 replaced by 1994:48 effective 28 December 1994]

Supplemental powers of Minister

5 (1) For the purpose of exercising and discharging his functions under section 4, the Minister shall, without prejudice to the generality of section 4, have the following supplemental powers—

(a) the Minister may, in co-operation with the Minister re sponsible for Works and Engineering, cause plans to be prepared, select sites, and cause the necessary works to be executed—

(i) for the improvement, alteration or maintenance of any works, buildings, plant, equipment or fa cilities appurtenant to the Bermuda airport or connected with the operation of any air navigation services;

(ii) for the construction of new works or buildings, and for the provision of new plant, equipment or facilities for the purposes of the Bermuda airport or in connection with the operation of any air navigation services;

(b) the Minister may enter into any contract necessary for carrying out any of the works, matters or things referred to in section 4;

(c) the Minister may allot areas, buildings or parts of buildings at the Bermuda airport for the use of any department or branch of the Government of Bermuda or of Her Majesty's Government in the United Kingdom or of the Government of the United States of America, or for the use of any company, undertaking or organization having lawful business at the airport, and may withdraw or vary any such allotment;

(d) the Minister may lease or let any area, building or part of a building at the Bermuda airport to any department or branch of Her Majesty's Government in the United King dom or of the Government of the United States of Amer ica, or to any company, undertaking or organization having lawful business at the airport; and

(e) the Minister may enter into a contract with any com pany, undertaking or organization for placing the Bermuda airport, or any buildings, plant, or equipment appurtenant thereto, or any facilities or services (whether in being or not) being facilities or services at the Bermuda airport connected with the operation of civil aviation services, under the management and con trol of the company, undertaking or organization, on such terms and conditions, and subject to such excep tions, limitations or restrictions, as appear to the Minis ter expedient:

Provided that—

(i) any power conferred upon the Minister by this subsection shall be exercised subject to the ap propriation by the Legislature of the requisite funds; and

(ii) before any lease or letting agreement for a term exceeding one year is entered into under para graph (d), or, subject to subsection (1A), any contract is entered into under paragraph (e) , the draft of the lease, letting agreement or contract, as the case may be, shall be laid before both Houses of the Legislature and if either House within thirty days after the draft is laid before it determines that the lease, letting agreement or contract shall not be en tered into, then it shall not be entered into.

(1A) Notwithstanding paragraph (ii) of the proviso to subsection (1), the Minister may, with the prior approval of the Minister of Finance, enter into a contract under paragraph (e) of that subsection where the amount to be expended in respect of such contract does not exceed one million dollars.

(2) Any power conferred upon the Minister by this Act to pro vide buildings or other premises for any purpose shall be deemed to in-

clude a power to equip the buildings or premises with such furniture, equipment, apparatus and instruments as may be reasonably necessary for the premises to be used for that purpose.

(3) Any power conferred upon the Minister by this Act to pro vide buildings or other premises or to provide accommodation or equip ment for any purpose shall be deemed to include a power to enter into an agreement with any person for the use, upon such terms as may be agreed, of any suitable buildings, premises, accommodation or equip ment provided by, or under the control of, that person; and, if it appears to the Minister convenient in the circumstances, to enter into an agree ment for the services of any staff employed in connection therewith.

[Section 5 amended by 1994:48 effective 28 December 1994]

Regulations general scope

6 (1) Provision may be made generally by regulations made under this Act—

(a) for the administration, control and management of the Bermuda airport;

(b) for regulating the operation of civil aircraft so designed as to be able to operate on or from the waters of Bermuda;

Provided that no such regulations shall conflict or be inconsis tent with any provision of law, convention or agreement such as is re ferred to in the proviso to section 3.

(2) Without prejudice to the generality of subsection (1), provi sion may be made by such regulations—

(a) for regulating the times of arrival at the Bermuda airport or departure from the Bermuda airport of aircraft using the airport;

(b) for controlling or restricting the entrance of persons to the Bermuda airport, or to any specified areas, buildings or other places therein;

(d) for regulating at the Bermuda airport the marshalling and despatch of vehicles (including public service vehi cles) and of boats used for carrying persons to and from the airport;

(e) with respect to the safe custody and re-delivery or dis posal of any property accidentally left at the Bermuda airport and fixing the charges to be made in respect thereof;

(f) for regulating the conduct of persons employed at, or using, the Bermuda airport;

(g) with respect to the reception, handling, storage and dis posal of baggage, mails and freight within the Bermuda airport;

(h) for regulating the movement, storage, fuelling and ser vicing of aircraft within the Bermuda airport and the use of equipment for such purposes;

(i) for prescribing methods for disposing of sewage from aircraft within the Bermuda airport;

(j) for prescribing safety measures and fire precautions in respect of buildings, stores, plant, aircraft and vehicles within the Bermuda airport;

(k) for fixing the fees (if any) falling to be paid in respect of any facilities or services afforded at the Bermuda airport to, or in connection with, any aircraft , including military aircraft,using the airport;

(l) for fixing scales of rates chargeable in respect of air navigation services where those services are operated otherwise than by the Minister, and for fixing scales of fees (if any) falling to be paid in respect of aeronautical communication services where those ser vices are operated by the Minister.

[Section 6 amended by 1994:48 effective 28 December 1994; and by 1997 : 12 effective 27 March 1997]

Airport roads

7 (1) Notwithstanding anything in the Motor Car Act 1951 [title 21 item 4], the Motor Car Insurance (Third Party Risks) Act 1943 [title 21 item 5], or the Road Traffic Act 1947 [title 21 item 3], any road or place capable of being used by vehicular traffic within the Bermuda airport shall, for the purposes of those Acts, be deemed to be a highway; and, subject to the succeeding provisions of this section, those Acts shall have effect accordingly in relation to the use of any such road or place by mo tor cars and other vehicles.

(2) Nothing in the following provisions of the Motor Car Act

1951 [title 21 item 4], shall have effect in relation to the use of a motor car within the Bermuda airport—

(a) section 10 (which relates to restrictions on the horse power, weight, dimensions and other characteristics of motor cars);

(b) section 40 (which relates to restrictions on the use of trucks) ;

(d) section 43 (which relates to restrictions on the use of tractors) ;

(e) section 47 (which relates to restrictions on the use of trailers).

(3) Provision may be made by regulations made under this Act for restricting the horsepower, weight, dimensions and other character istics of motor cars and trailers used within the Bermuda airport:

Provided that such regulations shall not have effect so as to ex clude from the Bermuda airport, by reason only of its horse-power, weight, dimensions and other characteristics, any motor car or trailer which may, by virtue of any provision of the Motor Car Act 1951 [title 21 item 4] be used generally on the highways of Bermuda.

(4) For the avoidance of doubt, it is hereby declared that a motor car licence issued by the Minister responsible for transport control and related matters under Part IV of the Motor Car Act 1951 [title 21 item 4], in respect of the use of a motor car which may lawfully be licensed only by reason of subsection (2)(a) shall not, of itself, authorize the use generally of that motor car on the highways of Bermuda.

(5) Nothing in the following provisions of the Road Traffic Act 1947 [title 21 item 3], shall have effect in relation to the use of a vehicle within the Bermuda airport—

(a) section 18(2) (which relates to the position of passengers in motor cars);

(b) section 23(1) (which relates to the regulation of the tow ing of vehicles);

(6) The Minister shall have, for the purposes of the Road Traffic Act 1947 [title 21 item 3], the like powers in relation to a road or place within the Bermuda airport which is by virtue of this section deemed to be a highway as a Municipality in relation to a street or highway within a Municipal area; and any provision of the Road Traffic Act 1947 which confers a power upon a Municipality in relation to its municipal area shall be construed as conferring a like power upon the Minister in rela tion to the Bermuda airport,

(7) Without prejudice to subsections (1) to (6), provision may be made by regulations made under this Act—

(a) for regulating within the Bermuda airport the towing of trailers and other vehicles;

(b) for restricting and regulating the carriage of loads on ve hicles within the Bermuda airport;

Airport a public place for purposes of summary offences

8 The Summary Offences Act 1926 [title 8 item 26], shall have ef fect in relation to the Bermuda airport as though such airport were a public place within the meaning of section 1 of that Act.

Minister may make regulations

9 (1) Regulations authorized to be made under this Act shall be made by the Minister:

(2) The power of the Minister to make regulations shall include a power to revoke, amend or vary any regulations made by the Minister:

(3) [omitted] [covered by Interpretation Act 1951 section 35]

(4) The affirmative resolution procedure shall apply to regula tions made under this section.

Regulations; further provisions

10 Regulations made under this Act—

(a) may, for or in connection with any of the purposes of the regulations, provide for the inspection by a person au thorized by the Minister in that behalf, of any premises, plant, machinery, aircraft or vehicles within the Bermuda airport;

(b) may require that the regulations, or any part thereof or extract therefrom, shall be displayed in any prescribed place within the Bermuda airport;

(c) may prescribe the form of any notice, order, certificate or other document to be used for giving effect to or in con nection with any provision of this Act or of any regula tions made thereunder.

Offences

11 (1) Any person who contravenes any provision of any regula tions made under this Act or any order, direction or requirement lawfully made, given or imposed by any person under the authority of those reg ulations, commits an offence against the regulations:

Provided that where a person engaged or employed in the ad ministration of such regulations omits to perform any duty imposed on him as such the omission shall not constitute an offence against the regulations,

(2) Regulations made under this Act may provide for the pun ishment of persons guilty of offences against the regulations, so, how ever, that any such punishment shall not in respect of a first offence ex ceed a fine of $420 and shall not in respect of a second or subsequent offence exceed a fine of $840, or imprisonment for a term of three months, or both such fine and imprisonment.

(3) Proceedings in respect of an offence against regulations made under this Act shall not, without the written consent of the Attor ney-General, be instituted by any person other than a party aggrieved or by the Minister.

(4) Offences against regulations made under this Act shall be prosecuted before a court of summary jurisdiction.

(5) A prosecution for an offence against regulations made un der this Act may be conducted before a court of summary jurisdiction by any officer of the Airport Department or the Aviation Department duly authorized by the Minister in that be half

(6) Where an offence against regulations made under this Act has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

[Section 11 amended by 1994:48 effective 28 December 1994]

Arrest

12 (1) A police officer, an Airport policeman, or an officer of the Airport Department or the Aviation Department authorized in writing by the Minister in that behalf may re quire any person whom he finds committing an offence against this Act or against any Regulations made under this Act to give his name and ad dress.

(2) Any person who—

(i) refuses to give his name or address when law fully required to do so under subsection (1), or

(ii) continues to commit an offence against this Act or against any Regulations made under this Act after having been informed that he is committing an offence,

may be arrested without warrant by a police officer, an Airport policemen or an officer of the Airport Department or the Aviation Department.

(3) In this section, "Airport policeman" means any person ap pointed by the Minister for the purpose of maintaining law and order within the Bermuda Airport.

[this Act was brought into operation on 1 August 1949 by notice pub lished in Gazette No. 30 of 1949]

[Amended by:

Bermuda Consolidated Legislation

Civil Airports Act 1949