中华人民共和国民用航空法 The Civil Aviation Law of PRC

帅哥

Article 126 The carrier shall be liable for damage

occasioned by delay in the transport by air of passengers,

baggage or cargo; provided that the carrier is

not liable if he proved that he and his servants or agents

have taken all necessary measures to avoid the damage

or that is was impossible for him or them to take such

measures.

Article 127 In the transport of passengers and

baggage, if the carrier proves that the damage was

caused by or contributed to by the fault of the claimant,

the carrier may be wholly or partly exonerated

from his liability in accordance with the extent of the

fault that caused or contributed to such damage.

-52-

Where a person other than the passenger claims compensation

with respect to the death or injury of the

passenger, the carrier may similarly be wholly or partly

exonerated from his liability in accordance with the

extent of the fault that caused or contributed to such

damage, if the carrier proves that the death or injury

was caused by or contributed to by the fault of the

passenger himself.

In the transport of cargo, if the carrier proves that

the damage was caused by or contributed to the fault of

the person claiming compensation, or the person from

whom he derived his right, the carrier shall be wholly or

partly exonerated from his liability in accordance with

the extent of the fault that caused or contributed to

such damage.

帅哥

Article 128 The limits of carrier's liability in

domestic air transport shall be formulated by the competent

civil aviation authority under the State Council

and put in force after being approved by the State

Council.

If the passenger or the shipper has made, at the

time when the checked baggage or cargo was handed

over to the carrier, a special declaration of interest in

delivery at destination and has paid a supplementary

sum if the case so requires, the carrier shall be liable to

pay a sum not exceeding the declared sum, unless he

proves that the sum declared by the passenger or shipper

is greater than the actual interest of the checked

-53-

baggage or cargo in delivery at destination; the other

provisions of Article 129 of this Law shall be applicable

to domestic air transport except the limits of liability.

Article 129 In international air transport, the

liability of the carrier shall be as the following:

(1) The liability of the carrier for each passenger is

limited to the sum of 16600 units of account. Nevertheless,

the passenger may agree with the carrier in writing

to a limit of liability higher than that prescribed by

this sub-paragraph;

(2) The liability of the carrier for each kilogram of

checked baggage or cargo is limited to a sum of

17 units of account. If the passenger or shipper has

made, at the time when the package was handed over to

the carrier, a special declaration of interest in delivery

at destination and has paid a supplementary sum if the

case so requires, the carrier shall be liable to pay a sum

not exceeding the declared sum, unless he proves that

the sum declared by the passenger or shipper is greater

than the actual interest of the checked baggage or cargo

in delivery at destination.

In the case of destruction, loss, damage or delay of

a part of checked baggage or cargo, or of any object

contained therein, the weight to be taken into consideration

in determining the amount to which the carrier's

liability is limited shall only be the total weight of the

package or packages concerned. Nevertheless, when the

destruction, loss, damage or delay of a part of the

-54-

checked baggage or cargo, or of an object contained

therein, affects the value of other packages covered by

the same baggage check or the same air waybill, the total

weight of such package or packages shall also be

taken into consideration in determining the limit of liability

of the carrier.

(3) The liability of the carrier for carry-on baggage

of a passenger is limited to 332 units of account per

passenger.

帅哥

Article 130 Any provision tending to relieve the

carrier of the liability prescribed by this Law or to fix a

lower limit than that which is laid down in this Law

shall be null and void, but the nullity of any such provision

shall not involve the nullity of the whole contract

of transport by air.

Article 131 Any action for damage occurred in

air transport, however founded, can only be brought

subject to the conditions and limits of liability set out in

this Law, without prejudice to the question as to who

are the persons who have the right to bring suit and

what are their respective rights.

Article 132 The carrier shall not be entitled to

avail himself of the provisions of Articles 128 and

129 of this Law concerning the limit of liability if it is

proved that the damage in the air transport resulted

from an act or omission of the carrier, his servants or

-55-

agents, done with intent to cause damage or recklessly

and with knowledge that damage would probably

result; provided that, in the case of such act or omission

of a servant or agent of the carrier, it is also proved that

he was acting within the scope of his employment.

Article 133 If an action is brought against a

servant or agent of the carrier arising out of damage

during air transport, such servant or agent, if it proves

that he acted within the scope of his employment, shall

be entitled to avail himself of the limits of liability as

provided in Articles 128 and 129 of this Law.

The aggregate of the amounts recoverable from the

carrier, his servants and agents, in the case provided in

the preceding paragraph, shall not exceed the legal limits

ofliability.

The provisions of paragraphs 1 and 2 of this Article

shall not apply if it is proved that the damage in air

transport resulted from an act or omission of the servant

or agent of the carrier done with intent to cause

damage or recklessly and with knowledge that damage

would probably result.

帅哥

Article 134 Receipt by the passenger of checked

baggage or receipt of cargo by the consignee without

complaint shall be prima facie evidence that the same

have been delivered in good condition and in

accordance with the document of transport.

In the case of damage to checked baggage or

-56-

cargo, the passenger or consignee must complain to the

carrier forthwith after the discovery of the damage, and

at the latest, within seven days from the date of receipt

in the case of checked baggage and fourteen days from

the date of receipt in the case of cargo. In the case of delay

the complaint must be made at the latest within

twenty-one days from the date on which the checked

baggage or cargo have been placed at the disposition of

the passenger or consignee.

Every complaint must be made in writing upon the

document of transport or by separate notice dispatched

within the periods prescribed in the preceding paragraph.

Failing complaint within the periods provided in

paragraph 2 of this Article, the passenger or consignee

shall be deprived of the right to claim compensation

from the carrier, save in the case of fraud on the part of

the carrier.

帅哥

Article 135 The time for bringing up an action

concerning air transport is limited to two years, reckoned

from the date of arrival of civil aircraft at the destination,

or from the date on which the civil aircraft

ought to have arrived, or from the date on which the

transport stopped.

Article 136 In the case of transport to be performed

by various successive carriers, each carrier who

accepts passengers, baggage or cargo shall be subject to

-57-

the provisions of this Law, and shall be deemed to be

one of the contracting parties to the contract of transport

in so far as that part of the transport is concerned

which is performed by it in accordance with the contract.

In the case of transport of this nature, the passenger

or his successor can take action only against the

carrier who performed the part of transport during

which the accident or the delay occurred, save in the

case where, by express agreement, the first carrier shall

assume liability for the whole journey.

As regards checked baggage or cargo, the passenger

or shipper shall have the right of action against the

first carrier, and the passenger or consignee shall have

the right of action against the last carrier, and further,

each may take action against the carrier who performed

the part of transport during which the destruction, loss,

damage, or delay took place. These carriers shall be

jointly and severally liable to the passenger or to the

shipper or consignee.

Section 4 Special Provisions Governing Air

Transport Performed by Actual Carrier

Article 137 "Contracting carrier" referred to in

this Section means any person who has concluded a

contract of transport by air subject to the regulations of

this Chapter in his own name with a passenger or a

-58-

shipper, or with the agent of a passenger or of a

shipper.

IIActual carrier" referred to in this Section means

any person to whom the performance of the whole or

part of the transport referred to in the preceding paragraph

has been authorized by the contracting carrier,

and who is not the successive carrier as provided in this

Chapter; in the absence of a proof to the contrary, such

authorization is deemed to be in existence.

帅哥

Article 138 Both the contracting carrier and the

actual carrier shall, except as otherwise provided in this

Section, be subject to the provisions of this Chapter.

The contracting carrier shall be responsible for the

whole of the transport contemplated in the contract.

The actual carrier shall be responsible for the transport

which he performs.

Article 139 The acts and omissions of an actual

carrier and of his servants and agents acting within the

scope of their employment shall, in relation to the

transport performed by the actual carrier, be deemed to

be also those of the contracting carrier.

The acts and omissions of the contracting carrier

and of his servants and agents acting within the scope

of their employment shall, in relation to the transport

performed by the actual carrier, be deemed to be also

those of the actual carrier. Nevertheless, no such act or

omission shall subject the actual carrier to liability ex-

-59-

ceeding the legal limits.

Any special agreement under which the contracting

carrier concerned assumes obligations not imposed

by this Chapter or waives the rights conferred by

this Chapter or any special declaration of interest in delivery

at destination contemplated in Articles 128 and

129 of this Law, shall not affect the actual carrier unless

agreed by him.

帅哥

Article 140 Any claim to be made or order to

be given under the provisions of this Chapter shall have

equal effect whether addressed to the contracting carrier

or to the actual carrier. Nevertheless, orders referred

to in Article 119 of this Law shall only be effective if

addressed to the contracting carrier.

Article 141 In relation to the transport performed

by the actual carrier, any servant or agent of

that carrier or of the contracting carrier shall, if he

proves that he acted within the scope of his employment,

be entitled to avail himself of the provisions of

Articles 128 and 129 of this Law concerning the limits

of liability, unless he acted in a manner which, under

the provisions of this Law, prevents the limits of liability

from being invoked.

Article 142 In relation to the transport performed

by the actual carrier, the aggregate of the

amounts recoverable from that carrier and the con-

-60-

tracting carrier, and from their servants and agents acting

within the scope of their employment, shall not exceed

the highest amount which could be awarded

against either the contracting carrier or the actual carrier

under this Law, but none of the persons mentioned

shall be liable for a sum in excess of the limit of liability

applicable to him.

帅哥

Article 143 In relation to the transport performed

by the actual carrier, an action may be brought

against that carrier or the contracting carrier

separately, or against both together; the carrier against

whom an action has been brought shall have the right

to require the other carrier to join in the proceedings.

Article 144 Except as provided in Article 143 of

this Law, nothing in this Section shall affect the rights

and obligations between the actual carrier and the contracting

carrier.

Chapter X

General Aviation

Article 145 "General aviation" means civil aviation

operations other than public air transport with civil

aircraft, including aerial work in the fields of

industry, agriculture, forestry, fishery and building in-

-61-

dustry, and flight operations III the fields of medical

and health work, emergency and disaster relief, meteorological

service, ocean monitoring, scientific experiment,

education and training, culture and sports.

Article 146 The operation of general aviation

shall satisfy the following conditions:

(I) The availability of civil aircraft suitable to the

general aviation activities to be operated and conforming

to the requirements of ensuring flight safety;

(2) The availability of necessary airmen who have

been issued licences according to law; and

(3) Other conditions conforming to the provisions

of laws and administrative rules and regulations.

The operation of general aviation for commercial

purposes is limited to corporate enterprises.

Article 147 Those engaged in general aviation

operations not for commercial purposes shall register

with the competent civil aviation authority under the

State Council.

Those engaged in general aviation operations for

commercial purposes shall apply to the competent civil

aviation authority under the State Council for general

aviation operating licences, and register with the administrative

department for industry and commerce according

to law; no registration shall be performed by the

administrative department for industry and commerce

for those that failed to obtain operating licences.

-62-

Article 148 A general aviation enterprise engaged

in general aviation operations for commercial

purposes shall enter into agreement in writing with users

with the exception of rescue or disaster relief operations

under emergent circumstances.

Article 149 In organizing and carrying out aerial

work, effective measures shall be taken to ensure

flight safety, protect environment and ecological balance

and prevent damage to be caused to environment,

residents, crops or livestock.

Article 150 Those engaged in general avration

operations shall be covered by insurance against liability

for third parties on the surface.

Chapter XI

帅哥

Search and Rescue and Accident Investigation

Article 151 A civil aircraft in emergency shall

flash signals and report to air traffic control unit to request

rescue; the air traffic control unit shall notify immediately

the search and rescue coordination centre. A

civil aircraft in emergency on the sea shall also flash

signals to vessels and national maritime search and rescue

service.

-63-

Article 152 Any unit or person observing or listening

in to the emergency of a civil aircraft shall immediately

notify the search and rescue coordination

centre concerned, the maritime search and rescue service

concerned or the local People's Government.

Article 153 Upon receiving the notification, the

search and rescue coordination centre, the local

People's Government and the maritime search and rescue

service shall immediately organize the search and

rescue operation.

The search and rescue coordination centre which

has received the notice shall manage to notify the civil

aircraft in emergency of the search and rescue measures

already taken.

The specific measures for searching and rescuing

civil aircraft shall be formulated by the State Council.

Article 154 The unit or person performing

search and rescue mission shall do their best to rescue

the persons carried in the civil aircraft, and take measures

to rescue the civil aircraft, protect the scene of accident

and preserve evidences according to regulations.

Article 155 The parties to an accident of civil

aircraft and persons concerned shall, at the time of investigation,

truthfully reflect the situation at the scene

of accident and other information concerning the acci-

-64-

dent.

Article 156 The organization and procedures of

the investigation of civil aircraft accident shall be prescribed

by the State Council.

帅哥

Chapter XII

Liability for Damage

to Third Parties on the Surface

Article 157 Any person on the surface (including

water surface, the same below) who suffers

death or personal injury or damage to property caused

by a civil aircraft in flight or by any person or thing falling

therefrom shall be entitled to compensation. Nevertheless,

the person suffers damage shall have no right

to compensation if the damage is not a direct consequence

of the incident giving rise thereto, or if the damage

results from the mere fact of passage of the civil aircraft

through the airspace in conformity with air traffic

regulations concerned of the State.

The term "in flight" mentioned in the preceding

paragraph means the period beginning from the moment

when power is applied by a civil aircraft for the

purpose of actual takeoff until the moment when the

landing run ends. In the case of a civil aircraft lighter

than air, the expression "in flight" relates to the period

-65-

from the moment when it becomes detached from the

surface until it becomes again attached thereto.

Article 158 The liability for compensation contemplated

by Article 157 of this Law shall attach to the

operator of the civil aircraft.

The term "operator" mentioned in the preceding

paragraph means the person who was making use of the

civil aircraft at the time the damage was caused. However,

if the control of the navigation of the civil aircraft

was retained by the person from whom the right to

make use of the civil aircraft was derived, whether

directly or indirectly, that person shall still be considered

the operator.

The operator shall be considered to be making use

of a civil aircraft when his servants or agents are using

the civil aircraft in the course of their employment,

whether or not within the scope of their authority.

The registered owner of the civil aircraft shall be

presumed to be the operator and shall be liable as such

unless, in the proceedings for the determination of his

liability, he proves that some other person was the operator

and, in so far as legal procedures permit, takes

appropriate measures to make that other person a party

in the proceedings.