Quarantine (Air) Regulations 1946

Preliminary

Citation

1 These Regulations may be cited as the Quarantine (Air) Regula tions, 1946.

Interpretation

2 (1) In these Regulations, unless the context otherwise re quires—

"the Act" means the Quarantine Act, 1946 [title 11 item 2];

"aircraft coming from an infected area", in relation to an aircraft arriving at an aerodrome or other place, means an aircraft—

(i) which left a plague, cholera, typhus or smallpox infected area within the period of incubation of those diseases; or

(ii) which left a yellow fever infected or endemic area, or a locality in close relation with any such area, within a period of six days immediately preceding its arrival, or after a longer period if there is reason to believe that the aircraft may be carrying adult mosquitoes emanating from the said area or local ity;

"authorized aerodrome" means an aerodrome for the time being approved as a customs aerodrome for the purpose of the laws relating to customs;

"authorized officer" means a person authorized to act as such in the case in question by virtue of an order made under regu lation 3;

"the Convention" means the International Sanitary Convention for Aerial Navigation signed at the Hague on the 12th of April, 1933, as modified by the International Sanitary Convention for Aerial Navigation, 1944, of which relevant extracts with minor textual amendments are set forth in the Third Sched ule;

"crew" includes any person having duties on board an aircraft in connection with the flying or the safety of the flight of the air craft or employed on board in any way in the service of the aircraft, the passengers, or the cargo;

"day" means an interval of twenty-four hours;

"endemic area" means an area in which a Health Officer has rea son to believe that yellow fever exists, or has existed during the preceding fifteen years in a form recognizable clinically, biologically or pathologically;

"foreign" means situated outside Bermuda;

"Health Officer" means the appropriate officer appointed as such under section 2 of the Act, and includes a medical practi tioner acting under the direction of the Quarantine Authority or under the direction of a Health Officer for the purpose of executing these Regulations or any of them;

"infected", in relation to an aircraft arriving at an aerodrome or other place, means that the aircraft has on board a case or suspected case of plague, yellow fever, typhus or smallpox or a case presenting clinical signs of cholera, or which has had such a case or suspected case on board and has not since been subjected to the measures prescribed by these Regula tions;

"infected area" means a local area in which a Health Officer has reason to believe—

(i) that a first case of plague recognized as non-im ported has occurred or in which rodent plague ex ists or has existed during the previous six months; or

(ii) that cholera has formed a foyer, that is to say, that the occurrence of new cases beyond the immediate surroundings of the first case proves that the spread of the disease has not been limited to the place where it began; or

(iii) that the first case of yellow fever recognized as non-imported has occurred; or

(iv) that typhus or smallpox exists in epidemic form, that it to say, that the occurrence of new cases in dicates that the spread of the disease is not under control;

"infectious disease" means any epidemic or acute infectious dis ease, and includes open pulmonary tuberculosis, but does not include venereal disease;

"isolation" means the removal to a hospital or other suitable place approved by the Health Officer, of a person suffering, or suspected to be suffering, from an infectious disease and his detention therein until, in the opinion of the Health Officer—

(i) he is free from infection; or

(ii) if not so free, he may be discharged without undue danger to the public health;

"local area" means a well-defined area such as a province, dis trict, island, town or quarter of a town, port or village, what-
ever may be its extent or population; and includes an aero drome which is, or may be designated as, a local area for the purposes of the Convention;

"observation" means the detention under medical supervision of persons in such places and for such periods as may be di rected by a Health Officer;

"passenger" means any person, other than a member of the crew, carried in an aircraft;

"Quarantine Authority" means the Quarantine Authority estab lished under the powers conferred by section 2 of the Act;

"sanitary aerodrome" means an aerodrome declared under regu lation 4 to be a sanitary aerodrome;

"specified infectious disease" means plague, cholera, yellow fever typhus and smallpox;

"Stegomyia," "Stegomyia (Aedes aegypti)," "Stegomyia calopus (Aedes aegypti)," or "Aedes" include "Aedes aegypti" and any potential mosquito vectors of yellow fever;

"surveillance" means that persons in relation to whom the ex pression is used are not isolated, that they may move about freely, but that they may be subjected to a medical examina tion and to such enquiries as are necessary with a view to as certaining their state of health; and surveillance may include a requirement to report on arrival and afterwards at such in tervals during the continuation of surveillance and to such persons as may be specified by a Health Officer;

"typhus", typhus fever" or "exanthematous typhus" relate only to epidemic louse-borne typhus;

"valid anti-yellow fever inoculation certificate" means a certificate certifying that the bearer has been inoculated against yellow fever, with a vaccine and by a method approved by UNRRA, and if there have elapsed—

(i) more than ten days and less than four years from the date of inoculation;

(ii) less than four years from the date of a re-inocula tion performed within four years of a previous inoc ulation; or

(iii) more than ten days and less than four years from the date of re-inoculation performed after an inter val of more than four years.

(2) In these Regulations the abbreviation "UNRRA" refers to the United Nations Relief and Rehabilitation Administration.

(3) For the purpose of these Regulations the period of incuba tion of the diseases specified in this paragraph shall be deemed to be—

for plague 6 days

for cholera 5 days

for yellow fever 6 days

for typhus 12 days

for smallpox 14 days.

(4) For the purposes of these Regulations a person shall be deemed to be immune from yellow fever if he possesses—

(a) a valid anti-yellow fever inoculation certificate; or

(b) a certificate that he has recovered from an attack of yel low fever and that his blood contains immune bodies against yellow fever as proved by a test carried out by an Institute regularly carrying out biological tests for yellow fever and approved for this purpose by the Government of the country concerned.

Authorized officers

3 (1) The Quarantine Authority may by written order authorize any officer or person or class of officer or person to act as an authorized officer for the purposes of these Regulations or for some specified pur pose of these Regulations.

(2) Every such officer or person shall exercise his powers and perform his duties subject to the general or special directions and control of the Quarantine Authority and of a Health Officer.

Approval of sanitary aerodrome

4 The Quarantine Authority may by order declare any authorized aerodrome in Bermuda to be a sanitary aerodrome for the purposes of these Regulations, where he is satisfied that there are available at the aerodrome—

(a) a Health Officer and adequate sanitary staff (whether or
not in permanent attendance);

(b) a place for medical inspection;

(c) equipment for taking and despatching suspected mate rial to a laboratory for examination if such examination cannot be made at the aerodrome;

(d) facilities for the isolation, transport and care of the sick, for the observation of contacts separately from the sick and for carrying out any other prophylactic measures in suitable premises within the aerodrome or in proximity thereto;

(e) apparatus necessary for carrying out disinfection, disin sectisation and deratisation if required, as well as any other measures laid down in these Regulations;

(f) a sufficient supply of wholesome drinking water;

(g) a proper and safe system for the removal and disposal of excreta, refuse and waste water;

(h) adequate protection from rats;

and where he is satisfied that the aerodrome complies with the require ments of Article 38 of the Convention.

Movements of Aircraft

Use of aerodromes by aircraft

5 (1) All aircraft on entering Bermuda shall make their first landing at a prescribed aerodrome (as hereinafter defined) and all aircraft on leaving Bermuda shall depart from a prescribed aerodrome.

(2) If any of the provisions of this regulation are contravened as regards any aircraft, the commander of the aircraft commits an offence against these Regulations.

(3) For the purposes of this regulation the expres sion "prescribed aerodrome" means—

(a) a sanitary aerodrome; or

(b) an authorized aerodrome approved by order of the Quar antine Authority for use as a prescribed aerodrome ei ther generally or in a particular case or class of case.

Aircraft not landing at permitted aerodrome

6 (1) In the event of an aircraft on entering Bermuda being com pelled to land elsewhere than at an aerodrome at which it is permitted to land under these Regulations, the following provisions shall have effect—

(a) as soon as practicable after the landing, the commander shall cause to be reported to a Health Officer or autho rized officer the circumstances of the flight and emer gency landing;

(b) no person shall, without the permission of a Health Offi cer or authorized officer, remove any merchandise or baggage from the aircraft, and no passenger or member of the crew shall depart from the landing place, unless such removal or departure is necessary for the purposes of safety or of the preservation of life or property, and the commander shall take all steps in his power to secure compliance with this provision;

(c) a Health Officer or authorized officer may give all such orders and instructions to the crew and passengers, and may impose all such conditions upon them, as he may deem advisable having regard to the principles of these Regulations.

(2) Any person who contravenes any of the provisions of para graph (1) commits an offence against these Regulations.

General Sanitary Provisions

Duties of commander

7 (1) The commander of an aircraft arriving in Bermuda—

(a) shall, as long as possible before arrival, inform a Health Officer or an authorized officer by wireless of any case or suspected case of infectious disease on board the air craft;

(b) shall, on arrival—

(i) answer all questions as to health conditions on board which may be put to him by a Health Offi cer or an authorized officer, and furnish those officers with all such information and
assistance as they may reasonably require for the purposes of these Regulations; and

(ii) make and present to the Health Officer an Air craft Declaration of Health in Form A in the First Schedule together with any certificates con cerning any sanitary measures undergone by the aircraft, the crew and the passengers as shown on such declaration.

(2) Any commander of an aircraft who contravenes any of the provisions of paragraph (1) commits an offence against these Regula tions.

Duties of crew and passengers

8 (1) Every member of the crew and every passenger on an air craft arriving in Bermuda shall furnish all such information as may rea sonably be required by a Health Officer or an authorized officer for the purposes of these Regulations and shall, if so required by a Health Offi cer or an authorized officer, make and present to such officer a Personal Declaration of Origin and Health in Form B in the First Schedule.

(2) Any person who contravenes any of the provisions of para graph (1) commits an offence against these Regulations.

Detention of aircraft

9 When an aircraft arrives in Bermuda and it appears to an autho rized officer from information given to him by the commander, crew or passengers or from the Aircraft Declaration of Health—

(a) that during the voyage there has been in the aircraft a case of illness caused or suspected to be caused by an infectious disease; or

(b) that the aircraft is an infected aircraft or an aircraft coming from an infected area;

then the authorized officer shall order that aircraft and the crew, passen gers and everything carried in the aircraft shall be detained, and shall immediately report the matter to a Health Officer and to the officer in charge of the aerodrome, and the Health Officer shall forthwith take such action as may be appropriate under these Regulations.

Powers of Health Officer

10 Without prejudice to any other provisions of these Regulations a Health Officer may, in relation to any aircraft arriving at an aerodrome in Bermuda—

(a) medically inspect the crew and passengers;

(b) detain any such persons for medical examination;

(c) prohibit any such persons from leaving the aerodrome save upon such specified conditions as appear to the Health Officer to be reasonably necessary to prevent the spread of infection;

(d) order that the aircraft be detained (notifying such order to the officer in charge of the aerodrome) to enable such action as may be appropriate under these Regulations to be taken:

Provided that an aircraft shall not be detained longer than is necessary for the taking of such action; and

(e) if the aircraft has arrived from any area from which it is liable to bring insect vectors of malaria or other diseases, order that the aircraft shall be disinsected.

Infectious disease on aircraft

11 If there is on board an aircraft arriving at an aerodrome in Bermuda a case of infectious disease other than a specified infectious disease (duly so verified by a Health Officer) the sick person may be landed and, at the discretion of the Health Officer, isolated, and such other sanitary measures as the Health Officer may consider desirable shall be applied; and the other passengers and crew shall have the right to continue the voyage after medical inspection and the application of the appropriate sanitary measures, such measures being so arranged that the aircraft is detained as short a time as possible.

Disinsectization

12 If he has reason to suspect the importation into Bermuda of in sect vectors of malaria or of any other disease the Quarantine Authority may by general or special order require that aircraft coming from an area outside Bermuda from which it is possible that they may bring such in sect vectors shall be disinsected during the voyage or on arrival in Bermuda; and, if the provisions of any such order are not complied with, the commander of the aircraft commits a offence against these Regula tions.

Infectious matter not to be discharged from aircraft

13 The discharge from aircraft of matter capable or producing an outbreak of infectious disease is prohibited; and any person who contra venes this prohibition commits an offence against these Regulations.

Observation and surveillance

14 These Regulations shall have effect as though the provisions of regulations 36 to 45 inclusive of the Quarantine (Maritime) Regulations, 1946 [title 11 item 2(b)], (which provisions relate to observation and surveillance) were incorporated in these Regulations:

Provided that—

(a) in the case of persons in transit who are liable to surveillance under these Regulations, the Health Officer may permit them to continue their voyage but shall take such steps as he may deem appropriate to notify the sanitary authorities of the place to which they are pro ceeding;

(b) in the case of persons in transit who are liable to obser vation in respect of specified infectious diseases other than yellow fever, the Health Officer may permit them to continue their voyage if he is satisfied that the sanitary authorities of the next stopping place to which they are proceeding do not object to this course.

Departure

15 (1) A Health Officer may, before the departure of an aircraft, medically inspect the passengers and crew, and—

(a) may prohibit the embarkation of any person with symp toms of any infectious disease;

(b) may prohibit the embarkation of any person who does not present adequate sanitary guarantees until such measures as the Health Officer considers necessary to prevent the carriage of infectious disease by the aircraft have been carried out.

(2) In the absence of a Health Officer the person in charge of the aerodrome and any authorized officer shall have power to defer the departure of any person until he has been medically inspected.

Special Sanitary Measures in the case of Plague, Cholera,
Typhus and Smallpox

Saving

16 The provisions of regulations 17 and 18 shall be without preju dice to any other provisions of these Regulations.

Infected aircraft; aircraft from infected areas

17 If an infected aircraft or an aircraft from an infected area arrives at an aerodrome in Bermuda the appropriate measures set out in the Second Schedule in relation to specified infectious diseases other than yellow fever shall be carried out.

Aircraft departing from infected areas in Bermuda

18 In the case of an aircraft departing from an infected area in Bermuda, in which area there is infection by a specified infectious dis ease other than yellow fever, the appropriate measures set out below shall be carried out—

(a) cleansing and disinfection to the satisfaction of a Health Officer of any parts of the aircraft which, in his opinion, require to be cleansed and disinfected;

(b) medical inspection of passengers and crew, and the pro hibition of embarkation or departure of any such person who shows symptoms of any specified infectious disease, as well as any such person in such close relation with the sick as to make it possible that he may transmit the infection of any such disease;

(c) inspection of the clothing, bedding (if any) and other personal effects of the passengers and crew and prohibi tion of the loading or carriage of any such clothing, bed ding or personal effects which are not in a reasonable state of cleanliness;

(d) disinfection of clothing, bedding and personal effects as aforesaid at the discretion of a Health Officer;

(e) at the discretion of a Health Officer, disinsectisation of the passengers and crew and their clothing, bedding (if any) and other personal effects and disinsectisation and deratisation of the aircraft;

(f) prohibition of the taking on board or carriage in the air craft of any article which in the opinion of a Health Offi cer is capable of carrying infection, unless the Health Officer is satisfied that it has been efficiently disinfected.

Special Sanitary Measures in the case of Yellow Fever

Saving

19 The provisions of regulations 20 to 27 shall be without prejudice to any of the other provisions of these Regulations.

Permission for aircraft to depart from yellow fever area in Bermuda

20 Except with the general or special permission of the Quarantine Authority, no aircraft shall land in or depart from any yellow fever in fected or endemic area in Bermuda.

Permission for aircraft coming from yellow fever area outside Bermuda to enter

21 (1) Except with the general or special permission of the Quar antine Authority, no aircraft coming from a yellow fever infected or en demic area outside Bermuda shall enter Bermuda.

(2) When permission is given to any such aircraft as provided in paragraph (1), the aircraft shall use only such aerodromes in Bermuda as may be specified by the Quarantine Authority.

Measures on arrival of aircraft from infected yellow fever area

22 On the arrival of an aircraft from a yellow fever infected area or from an aerodrome (not itself being a local area which is not an infected area) situated in or near a yellow fever infected area, the following mea sures shall be taken—

(a) disinsectisation of the aircraft prior to the landing of passengers and crew;

(b) medical inspection of passengers and crew;

(c) isolation under Aedes-free conditions of persons sus pected to be suffering from yellow fever, or who are suf fering from any febrile illness until the nature of the ill ness is determined;

(d) observation as provided in paragraph (3) of regulation 36 of the Quarantine (Maritime) Regulations, 1946 [title 11 item 22(b)], as incorporated in these Regulations by virtue of regulation 14;

(e) surveillance, for six days from the last day of possible exposure to infection, of persons who are not subject to observation on arrival.

Measures on arrival of aircraft from yellow fever endemic area

23 On the arrival of an aircraft from an aerodrome situated in an endemic area, the following measures shall be taken—

(a) disinsectisation of the aircraft prior to landing of pas sengers and cargo;

(b) medical inspection of passengers and crew;

(d) surveillance, for six days from the last day of possible exposure to infection, of passengers and crew who are not immune.

Measures on departure from Bermuda

24 (1) Before the departure of an aircraft from a yellow fever in fected or endemic area of Bermuda, the following measures shall be taken—

(a) all merchandise, baggage and other articles from the area and at the discretion of a Health Officer, from other areas, shall be disinsected before loading;

(b) merchandise, baggage and other articles on board the aircraft shall be disinsected at the discretion of a Health Officer; and

(2) Persons suffering, or suspected to be suffering, from yellow fever shall not be allowed to embark on any aircraft leaving Bermuda.

Restrictions on aerodromes in Bermuda

25 No person other than—

(a) an immune person; or

(b) a person arriving in an aircraft from a place outside
Bermuda; or

shall enter an aerodrome which is in a yellow fever infected or endemic area of Bermuda.

Persons in transit

26 Any person in transit by air who arrives from a place outside Bermuda at an aerodrome to which regulation 25 applies shall, unless he is immune, be detained under Aedes-free conditions within the precincts of the aerodrome or elsewhere until his departure by air.

Offences

27 The commander of an aircraft which contravenes regulation 20 or regulation 21, any person who contravenes regulation 25, and any person who leaves a place of detention ordered under regulation 26, commits an offence against these Regulations.

Duties of Quarantine Authority

Keeping authorized aerodromes free from mosquitoes

28 It shall be the duty of the Quarantine Authority to take such practicable measures as may lawfully be taken to ensure that authorized aerodromes, and premises in the vicinity thereof, in Bermuda are kept free from mosquitoes.

Collection and transmission of information

29 The Quarantine Authority shall be responsible for the collection and transmission, directly or through the appropriate channels, of all information required to be collected and transmitted under the Conven tion, or under any Agreement to which the Government of Bermuda is a party relating to quarantine matters.

Listing of infected and endemic areas

30 It shall be the duty of the Quarantine Authority to cause to be compiled and kept up to date a list of infected and endemic areas, both within and without Bermuda, and to cause all Health Officers to be sup plied with copies of the list as from time to time amended.

Charges for Services

Aircraft

31 (1) Where the commander of any aircraft is required by or in pursuance of these Regulations to carry out any measures with a view to reducing the danger or preventing the spread of infection, the Quaran tine Authority may, at the request of the commander, and, if thought fit, at his cost, cause any such requirement to be complied with instead of enforcing the requirement against the commander.

(2) When the Quarantine Authority decides that any such re quirement is to be complied with at the cost of the commander, the Quarantine Authority may require the amount of the charge for the work or a part thereof to be paid to or deposited with the Quarantine Authority before the work is undertaken.

(3) The amount of the charge for any work undertaken or to be undertaken by the Quarantine Authority shall be such reasonable sum as, to the exclusion of any charge or claim in respect of profit, represents the actual or estimated cost incurred or to be incurred by the Quarantine Authority in undertaking the work, so, however, that the charge shall not exceed the sum of sixty dollars unless notice thereof in writing has been given to the commander before the work is undertaken.

(4) All such charges may be recovered against the commander, aircraft owner or his agent.

Persons

32 The charges to be made in respect of persons undergoing quar antine, isolation or observation, and the incidence of such charges, shall be such as are provided for in rules made under the Act:

Provided that no charge shall be made for any child under three years of age, and for any child over three years of age and under ten years of age half the prescribed charges shall be payable by and recov ered from the person in charge of the child.

Refusal to clear aircraft where charges unpaid

33 (1) All expenses and charges referred to in these Regulations shall be payable to the Quarantine Authority.

(2) Where any expenses or charges are payable by the com mander of an aircraft, the Collector of Customs may refuse to clear the aircraft until all liability in respect of the expenses or charges has been discharged.

Miscellaneous Provisions

Saving for letter mails

34 Except as provided in paragraph (2) of regulation 37, or in Parts 1 and II of the Second Schedule, nothing in these Regulations shall ren der liable to detention, disinfection or destruction any article forming part of any mail (other than parcel mail) conveyed under the authority of the Postmaster General or of the postal administration of any other Gov ernment.

Aircraft previously subjected to sanitary measures

35 In applying measures to an aircraft coming from an infected area, the Health Officer of every aerodrome shall take into account all measures which have already been applied to the aircraft in any other aerodrome in Bermuda or elsewhere and which are duly noted in the Air craft Declaration of Health.

Repeat sanitary measures

36 An aircraft coming from an infected area, being an aircraft which has, in the opinion of a Health Officer, already been subjected to satis factory measures either in Bermuda or elsewhere, shall not be subjected to such measures, other than disinsectisation, a second time on arrival at another aerodrome if no subsequent incident has occurred which calls for their reapplication and if the aircraft has not called at an aerodrome which is, or is within, an infected area.

Saving for aircraft continuing voyage

37 (1) If the commander of an aircraft which has landed in Bermuda at an aerodrome which is not its final destination does not de sire to submit to any measures specified in these Regulations which may be applicable and notifies a Health officer accordingly he shall be at lib erty to continue the voyage without such submission:

Provided that if the aircraft has on board a case of yellow fever, or comes from a yellow fever infected area, the Health Officer may require that it shall be subjected to such of the measures specified by these Regulations in relation to that disease as he considers necessary.

(2) Where the commander notifies a Health Officer as aforesaid, he shall not land goods (including goods transmitted by post) or disem bark passengers except with the permission of the Health Officer and subject to such conditions s the Health Officer may impose in conformity with these Regulations.

Duty to comply with directions

38 (1) Subject to these Regulations, the Quarantine Authority, a Health Officer and any authorized officer may give such orders and in structions and impose such conditions and take such action as they may deem desirable for the purpose of carrying these Regulations into effect.

(2) Every person to whom these Regulations apply shall comply with all such orders, instructions and conditions, and shall furnish all such information as the Quarantine Authority, a Health Officer, or an authorized officer may reasonably require (including information as to his name, destination and address) and every person who has for the time being the custody or charge of a child or other person who is under disability shall comply with any orders, instructions or conditions so given, made or imposed and shall furnish all such information as afore said in respect of such child or other person.

39 (1) A Health Officer applying measures shall, whenever re quested, furnish free of charge to the commander of the aircraft or any other interested person, a certificate specifying the nature of such mea sures, the methods employed, the parts of the aircraft treated and the reasons for the application of such measures.

(2) A Health Officer shall also furnish, on demand and without charge, to passengers arriving by an aircraft in which a case of specified infectious disease has occurred, a certificate giving particulars of the date of their arrival and of the measures to which they and their personal effects have been subjected.

Bermuda Consolidated Legislation

Quarantine (Air) Regulations 1946