CHAPTER XIV
THE REGULATION OF AIR TRAFFIC
IMPORTANCE OF SAME—LAWS FORMED BY BRITISH AERIAL TRANSPORT COMMISSION LIKELY TO BE BASES OF INTERNATIONAL AERIAL LAWS—COPY OF SAME
Withaircraft flying over cities, towns, countries, continents, and the oceans, carrying passengers, it is becoming absolutely essential that a code of laws for aerial navigation should be adopted by the United States, and an international code should also be adopted by the nations of the earth.
In the United States laws should be adopted to regulate the inspection of aircraft which carry passengers, just as sea and river navigation is now regulated, in order to protect the lives of the passengers, and also to protect the lives of the people living in the cities where these machines are apt to descend, on account of damages that could be collected, etc., in case a machine fell upon and destroyed private property. Unless this is done, with the tremendous increase of the number of aircraft in the United States, there is apt to be a considerable number of lives lost unnecessarily, and a great deal of damage done to private property, for which no compensation can be awarded.
In the matter of international regulation of aircraft it is a great deal more important because of the easewith which commodities could be smuggled in from one country to another, even though mountains or rivers intervene at the borders. Flying at one hundred miles per hour, carrying two or three tons, smuggling could be carried on very extensively between different countries of the world.
The aerial police and aerial navigation laws could restrain and stop such unlawful flying, but an international code is necessary to determine their rights.
It is more important, however, to determine and prescribe the places at which foreign aircraft could cross the border or land for customs inspection. In these regulations should also be incorporated a code of international law. The conditions under which the fleet should pass from one country to another should be prescribed. Unless this was done it would be possible for any country in Europe, operating a fleet of 10,000 or more commercial aircraft, to convert them into bombers, each carrying tons of inextinguishable incendiary bombs, which could destroy a city like Paris, Brussels, or London within a few hours. A menace of this last possibility is so great that the leading aeronautical authorities in Paris and London have asked for a specified written code of aerial navigation laws, to be adopted by the League of Nations. In conformity to that object of controlling all kinds of aircraft, the British Aerial Transport Committee have drawn up a draft of a bill for the regulation of aerial navigation. The principles laid down in this bill are so universal in their application that they could bevery well adopted by the United States and other nations of the earth.
Prior to the war, as early as 1905, and forever afterward, the International Aeronautical Federation was organizing laws regulating aerial navigation, and making it the chief topic of discussion.
In 1910 the International Convention held in Paris drew up aerial acts restricting navigation over forbidden zones. There was not at that time sufficient aircraft navigating to make these regulations as important as they are at the present time.
Some of our own States passed some absurd laws to restrict aerial navigation to their own States. These were absurd because of the fact that no limits should be placed on the interstate flying to aircraft because most States in the Union could be flown over in a matter of hours. Federal laws only are sufficient to deal with this situation. The Department of Commerce, which has charge of both registration and inspection, is the logical department to have charge of the regulation of aircraft.
In 1914 the Department of Commerce took charge of regulating aircraft, and Dean R. Van Kirk, Washington, D. C., was fined $550 for disobeying its rules. These regulations should aim to do what the Motor Boat Act does in the case of vessels of not more than sixty-five feet in length. Since the preponderance of aircraft shall be commercial, it is absurd to delegate this power to the Division of Aeronautics.
Herewith follows the draft of the bill regulatingaerial navigation submitted to the British House of Parliament and later submitted to the Peace Conference for adoption by that body in Paris.
DRAFT OF A BILL
FOR THE REGULATIONS OF AERIAL NAVIGATION
Whereasthe sovereignty and rightful jurisdiction of His Majesty extends, and has always extended, over the air superincumbent on all parts of His Majesty’s dominions and the territorial waters adjacent thereto:And whereas it is expedient to regulate the navigation of aircraft, whether British or foreign, within the limits of such jurisdiction, and in the case of British aircraft to regulate the navigation thereof both within the limits of such jurisdiction and elsewhere:Be it therefore enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Power to Regulate Aerial Navigation1—(1) The Secretary of State may by order regulate or prohibit aerial navigation by British or foreign aircraft or any class or description thereof over the British Islands and the territorial waters adjacent thereto, or any portions thereof, and in particular, but without derogating from the generality of the above provision, may by any such order—(a) prescribe zones (hereinafter referred to as prohibited zones) over which it shall not (except as otherwise provided by the order) be lawful for aircraft to pass;(b) prescribe the areas within which aircraft coming from any place outside the British Islands shall land, and the other conditions to be complied with by such aircraft;(c) prohibit, restrict, or regulate the carriage in aircraft of explosives, munitions of war, carrier pigeons, photographic and radio-telegraphic apparatus and any other article the carriage of which may appear to the Secretary of State to be dangerous to the State or to the person or property of individuals;(d) prohibit, restrict, or regulate the carriage in aircraft of merchandise or passengers;(e) make such provision as may appear best calculated to prevent damage and nuisance being caused by aircraft.(2) If any person does anything in contravention of any of the provisionsof any such order he shall in respect of each offence be guilty of a misdemeanour:Provided that if it is proved that the contravention was committed with the intention of communicating to any foreign State any information, document, sketch, plan, model, or knowledge acquired, made or taken or with the intention of facilitating the communication at a future time of information to a foreign State any information, document, sketch, plan, model or knowledge acquired, made or taken or with the intention of facilitating the communication at a future time of information to a foreign State, he shall be guilty of a felony, and on conviction on indictment be liable to penal servitude for life or for any term not less than three years, and this proviso shall have effect and be construed as if it were part of the Official Secrets Act, 1889.(3) Every order under this section shall have effect as if enacted in this Act, but as soon as may be after it is made shall be laid before each House of Parliament, and if an address is presented to His Majesty by either House of Parliament within the next subsequent twenty-one days on which that House has sat next after any such order came into force, praying that the order may be annulled, His Majesty may annul the order and it shall thenceforth be void, without prejudice to the validity of anything previously done thereunder.Qualifications by Owning Aircraft2—An aircraft shall not be deemed to be a British aircraft unless owned wholly by persons of the following descriptions (in this Act referred to as persons qualified to be owners of British aircraft), namely:—(a) Natural-born British subjects;(b) Persons naturalised by or in pursuance of an Act of Parliament of the United Kingdom, or by or in pursuance of an Act or Ordinance of the proper legislative authority in a British possession;(c) Persons made denizens by letters of denization;(d) Bodies corporate established under and subject to the laws in force in some part of His Majesty’s dominions and having their principal place of business in those dominions, [all of whose directors and shareholders come under one of the aforementioned heads]:Provided that any person who either—(1) being a natural-born British subject has taken the oath of allegiance to a foreign Sovereign or State or has otherwise become a citizen or subject of a foreign State; or(2) has been naturalised or made a denizen as aforesaid; shall not be qualified to be an owner of a British aircraft, unless after taking the said oath or becoming a citizen or subject of a foreign State, or on or after being naturalised or made a denizen as aforesaid, he hastaken the oath of allegiance to His Majesty the King and is during the time he is owner of the aircraft either resident in His Majesty’s dominions or a partner in a firm actually carrying on business in His Majesty’s dominions.Registration of British Aircraft3—(1) Every British aircraft shall be registered in such manner as the Board of Trade may by regulations prescribe:Provided that an aircraft which is registered under the law of any foreign nation as an aircraft belonging to that nation shall not also be registered as a British aircraft.(2) Regulations under this section may provide for—(a) the appointment and duties of registrars;(b) the keeping of registers and the particulars to be entered therein;(c) the procedure for obtaining the registration of aircraft by the owners thereof, including the evidence to be produced as to the qualifications of applicants;(d) the issue, form, custody, and delivery up of certificates of registration;(e) the transfer and transmission of British aircraft;(f) the fees to be paid;(g) the application with the necessary modifications for any of the purposes aforesaid of any of the provisions contained in sections twenty to twenty-two, twenty-five, twenty-seven to thirty, thirty-nine to forty-six (except so far as those sections relate to mortgages), forty-eight to fifty-three, fifty-six, fifty-seven, sixty, sixty-one, and sixty-four of the Merchant Shipping Act, 1894.(3) If an aircraft required under this Act to be registered is not so registered it shall not be recognised as a British aircraft, and shall not be entitled to any of the benefits, privileges, or advantages, or protection enjoyed by British aircraft, nor to assume the British national character, but so far as regards the payment of dues, the liability to fines and forfeitures, and the punishment of offences committed on such aircraft, or by any person belonging to it, such aircraft shall be dealt with in the same manner in all respects as if she were a recognised British aircraft.(4) If any person required under the regulations to deliver up a certificate of registration fails to do so, he shall be guilty of an offence under this Act.(5) If the owner or pilot of an aircraft uses or attempts to use a certificate of registry not legally granted in respect of the aircraft, he shall in respect of each offence be guilty of a misdemeanour.Certification of Airworthiness4—(1) An aircraft (if not exempted from the provisions of this section by the regulations made thereunder) shall not be navigated unless its airworthiness has been certified in accordance with regulations made by the Board of Trade and the certificate of airworthiness in respect thereof is for the time being in force.(2) The regulations of the Board of Trade under this section may, amongst other things—(a) prescribe the conditions to be fulfilled (including the equipment to be carried) and the tests to be applied in determining airworthiness;(b) provide for the conduct on behalf of the Board of Trade by other bodies of tests and examinations of aircraft;(c) provide for the issue form, custody, and delivery up of certificates of airworthiness;(d) provide for the recognition of certificates of airworthiness granted under the laws of any British possession or foreign nation which appear to the Board of Trade effective for ascertaining and determining airworthiness;(e) prescribe the fees to be paid in respect of the grant of such certificates and in respect of applications therefor;(f) provide for the exemption from the provisions of this section of aircraft of any particular class or under any particular circumstances prescribed by the regulations.(3) The regulations of the Board of Trade under this section may in the prescribed manner require the owner of any aircraft in respect of which a certificate of airworthiness has been issued or is recognised under those regulations to submit his aircraft at any time for such tests and examinations as may be prescribed for determining whether the conditions of airworthiness continue to be fulfilled, and may authorise endorsement on any such certificate of the result of such tests or examinations, and the cancellation of any such certificate, or the withdrawal of the recognition thereof, on its being found that such conditions have ceased to be fulfilled, or on failure to comply with any such requirement as aforesaid.(4) If any person navigates or allows to be navigated any aircraft (other than an aircraft of an exempted class) in respect of which a certificate of airworthiness granted or recognised under this section is not for the time being in force, or navigates or allows to be navigated an aircraft in respect of which such a certificate is for the time being in force, knowing that the prescribed conditions of airworthiness have ceased to be fulfilled, he shall be guilty of a misdemeanour:Provided that this sub-section shall not, nor shall any proceedings taken thereunder, affect any liability of any such person to be proceeded against by indictment for any other indictable offence.Certification of Officers5—(1) Every aircraft when being navigated shall be provided with a navigator duly certificated in accordance with this section, and also, in such cases as may be prescribed by regulations made by the Board of Trade, with such other officers so certificated as may be prescribed.(2) The Board of Trade may make regulations—(a) as to the issue and form of certificates of competency under this section;(b) prescribing the cases in which officers other than the navigator are to be certificated, and the number and character of such officers;(c) prescribing the qualifications to be possessed for obtaining a certificate as navigator or as officer serving in any other capacity;(d) for holding examinations of candidates for certificates and for such examinations being conducted on behalf of the Board of Trade by other bodies;(e) as to the issue of new certificates in place of certificates which have been lost or destroyed;(f) as to the cancellation, suspension, endorsement and delivery up of certificates of competency;(g) as to the recognition of certificates of competency issued to navigators and other officers under the laws of any British possession or foreign nation which appear to the Board effective for ascertaining and determining their competency;(h) as to the fees to be paid on the grant of a certificate and by candidates entering for examination.(3) The regulations shall provide for different certificates of competency being issued in respect of different classes of aircraft, and a navigator or other officer shall not be deemed to be duly certificated in respect of an aircraft of any class unless he is the holder for the time being of a valid certificate of competency under this section in respect of that class of craft, and of a grade appropriate to his station in the aircraft or of a higher grade.(4) If any person—(a) navigates or allows to be navigated any aircraft not provided with a duly certificated navigator, and, in the case of any aircraft which is under the regulations required to be provided with other certificated officers, without such other officers; or,(b) having been engaged as a navigator or other officer required to be certificated, navigates, or takes part in the navigation of, an aircraft without being duly certificated; or(c) employs a person as a navigator or as an officer in contraventionof this section without ascertaining that the person so serving is duly certificated;that person shall be guilty of an offence under this Act.Collision Regulations6—(1) The Board of Trade may make regulations (hereinafter referred to as collision regulations) for the prevention of collisions in the air, and may thereby regulate the lights to be carried and exhibited, the fog signals to be carried and used, and the steering and flying rules to be observed by aircraft.(2) All owners and navigators of aircraft shall obey the collision regulations, and shall not carry or exhibit any other lights or use any other fog signals than such as are required by those regulations.(3) If an infringement of the collision regulations is caused by the wilful default of the owner or navigator of the aircraft, the owner or navigator of the aircraft shall in respect of each offence be guilty of a misdemeanour.(4) If any damage to property arises from the non-observance by any aircraft of any of the collision regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the aircraft at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the regulations necessary.Alternative for Subsections (3), (4)(3) If an infringement of the collision regulations is caused by the wilful default of the owner or navigator of an aircraft or of any person in charge of the craft at the time, that owner, navigator or person shall be guilty of a misdemeanour.(4) If the infringement of the collision regulations is caused by any wilful default, the wilful default shall be deemed to be the wilful default of the navigator. Provided that if the navigator proves to the satisfaction of the Court that he issued proper orders for the observance and used due diligence to enforce the observance of the collision regulations, and that the whole responsibility for the infringement in question rested with some other person, the navigator shall be exempt from any punishment under this provision.(5) The collision regulations may provide for the inspection of aircraft for the purpose of seeing that the craft is properly provided with lights and the means of making fog signals in conformity with the collision regulations [and the seizure and detention of any craft not so provided].Identification Regulations7—(1) The Board of Trade may make regulations providing generally for facilitating the identification of aircraft, and in particular fordetermining and regulating generally the size, shape, and character of the identifying marks to be fixed under the regulations, and the mode in which they are to be affixed and rendered easily distinguishable [whether by night or day], and any such regulations may provide for the recognition of identifying marks complying with the law of any British possession or foreign nation which appears to the Board of Trade equally effective for facilitating the identification of aircraft.(2) The regulations under this section may provide for the seizure and detention of any aircraft which is not marked in accordance with those regulations.(3) If any person navigates or allows to be navigated any aircraft in respect of which any of the requirements of the regulations made under this section are not complied with, he shall be guilty of an offence under this Act [qu.he shall be guilty of a misdemeanour].Aircraft Papers8—(1) The Board of Trade may make regulations—(a) requiring logs and such other papers as may be prescribed to be carried in aircraft;(b) prescribing the form of such logs and other papers;(c) prescribing the entries to be made in logs and the time at which and the manner in which such entries are to be made;(d) as to the production, inspection, delivery up, and preservation of logs and other papers.(2) If any person contravenes any of the provisions of the regulations under this section he shall be guilty of an offence under this Act.Signals of Distress Regulations9—(1) The Board of Trade may make regulations as to what signals shall be signals of distress in respect of the various classes of aircraft, and the signals fixed by those regulations shall be deemed to be signals of distress.(2) If a pilot of an aircraft uses or displays or causes or permits any person under his authority to use or display any of those signals of distress except in the case of an aircraft in distress such of those signals as are appropriate to the class to which the aircraft belongs, he shall be liable to pay compensation for any labour undertaken, risk incurred, or loss sustained in consequence of any person having been deceived by the signal [qu.he shall be guilty of an offence against this Act].Customs Regulations10—The Commissioners of Customs and Excise may, subject to the consent of Treasury, make such regulations as they may consider necessary for the prevention of smuggling and safeguarding the interests ofthe State with respect to the importation or exportation of goods in aircraft into or from the British Islands, and may for that purpose apply, with the necessary modifications, all or any of the enactments relating to Customs, and may by those regulations, with the consent of the Secretary of State and upon such terms as to payments to police authorities as he may sanction, require officers of police to perform in respect of aircraft all or any of the duties imposed on officers of Customs and may for that purpose confer on police officers all or any of the powers possessed by officers of Customs.Post Office Regulations11—The Postmaster-General may make regulations with respect to the conveyance of postal packets in aircraft, and may for that purpose apply, with the necessary modifications, all or any of the enactments relating to mail ships and the conveyance of postal packets in ships.Trespass and Damages for Injury Caused by Aircraft12—(1) The flight of an aircraft over any land in the British Islands shall not in itself be deemed to be trespass, but nothing in this provision shall affect the rights and remedies of any person in respect of any injury to property or person caused by an aircraft, or by any person carried therein, and any injury caused by the assembly of persons upon the landing of an aircraft shall be deemed to be the natural and probable consequence of such landing.(2) Where injury to property or person has been caused by an aircraft, the aircraft may be seized and detained until the owner thereof has given security to the satisfaction of a justice or an officer of police not below the rank of inspector to pay such damages as may be awarded in respect of the injury and any costs incidental to the proceedings.Salvage of Wrecked Aircraft13—(1) If any person finds, whether on land or at sea, an aircraft which has been wrecked or lost, he shall as soon as may be communicate with the police or other proper authority, and the police or authority shall communicate the information to the owner of the aircraft if he can be ascertained.(2) Where any such aircraft is salved then—(a) if the owner of the aircraft does not abandon his right to the aircraft he shall pay to any persons whose services have contributed to the salvage of the aircraft, including any person or authority who has given or communicated such information as aforesaid, any expenses incurred by them for the purpose and five per cent. of the value of aircraft as salved, after deducting from that amount the amount of the expenses ofsalvage payable by the owner, to be distributed among those persons in such manner as, in default of agreement, the Court having cognisance of the case may think just; and(b) if the owner abandons his right to the aircraft, it shall be sold or otherwise dealt with for the benefit of the salvors.(3) The Board of Trade may make regulations for the purpose of carrying this section into effect, and in particular may prescribe what authority shall be deemed the proper authority, the manner in which communications are to be made, the manner in which an owner may abandon his right to an aircraft, and the manner in which aircraft may be sold or otherwise dealt with for the benefit of the salvors.Search14—(1) If any officer of police has reason for suspecting that an offence against this Act or any regulations made thereunder has been or is being committed on board any aircraft, he may enter and search the craft, and may search any person found therein or who may have been landed therefrom:Provided that before any person is searched, he may require to be taken with all reasonable despatch before a justice, who shall, if he sees no reasonable cause for search, discharge that person, but if otherwise direct that he be searched, and if a female she shall not be searched by any other than a female.(2) If any person assaults or obstructs any officer of police in searching an aircraft, or in searching any person in the aircraft, or who may have landed therefrom, he shall be guilty of an offence against this Act, and if any officer of police without reasonable ground causes any person to be searched, that officer shall be guilty of an offence against this Act.Seizure and Detention of Aircraft15—The Secretary of State may make regulations as to the manner in which aircraft, liable to seizure and detention under this Act may be seized and detained.Forgery, etc., of Certificates, etc.16—If any person—(a) forges or fraudulently alters, or assists in forging or fraudulently altering or procures to be forged or fraudulently altered, any certificate of registration, airworthiness, or competency under this Act or any log or other papers required under this Act to be carried in an aircraft; or,(b) makes or assists in making or procures to be made any false representation for the purpose of procuring the issue of a certificateof airworthiness, or of procuring either for himself or for any other person a certificate of competency; or(c) fraudulently uses a certificate of registration, airworthiness, or competency which has been forged, altered, cancelled, or suspended, or to which he is not entitled; or(d) fraudulently lends his certificate of competency, or allows it to be used by any other person; or(e) forges or fraudulently alters or uses or assists in forging or fraudulently altering or using, or procures to be forged or fraudulently altered or used, or allows to be used by any other person, any mark for identifying an aircraft,he shall be guilty of a misdemeanour.Punishment for Offences17—(1) An offence against this Act declared to be a misdemeanour shall be punishable with a fine or with imprisonment not exceeding two years, with or without hard labour, but may, instead of being prosecuted on indictment as a misdemeanour, be prosecuted summarily in manner provided by the Summary Jurisdiction Acts, and if so prosecuted shall be punishable only with imprisonment for a term not exceeding three months, with or without hard labour, or with a fine not exceeding one hundred pounds, or with both such imprisonment and fine.(2) An offence against this Act not declared to be a misdemeanour shall be prosecuted summarily in manner provided by the Summary Jurisdiction Acts, and shall be punishable with a fine not exceeding one hundred pounds or with imprisonment for a term not exceeding three months, with or without hard labour, or with both such imprisonment and fine.(3) Where a person is beneficially interested otherwise than by way of mortgage in any aircraft registered in the name of some other person as owner, the person so interested shall as well as the registered owner be subject to all the pecuniary penalties by this Act imposed on owners of aircraft, so nevertheless that proceedings may be taken for the enforcement of any such penalties against both or either of the aforesaid parties with or without joining the other of them.Provisions as to Public Foreign Aircraft18—It shall not be lawful for any aircraft in the service of any foreign State to pass over or land on any part of the British Islands or the territorial waters adjacent thereto except on the invitation of His Majesty [or of some department of His Majesty’s Government], and any person carried in an aircraft contravening the provisions of this section shall be guilty of a misdemeanour, and, unless the Secretary of Stateotherwise orders, the aircraft may be seized, detained, and searched, and the persons carried therein or landed therefrom may be searched in accordance with the provisions of this Act.Power to Fire on Aircraft Flying Over Prohibited Areas19—If any aircraft flies or attempts to fly over any prohibited zone or being an aircraft in the service of a foreign State flies or attempts to fly over any part of the British Islands or the territorial waters adjacent thereto in contravention of this Act, it shall be lawful for any commissioned officer in His Majesty’s Navy, Army, or Marines [not below the rank of], to cause a gun to be fired as a signal, and if, after such gun has been fired, the aircraft fails to respond to the signal by complying with such regulations as may be made by the Secretary of State under this Act for dealing with the case, to fire at such aircraft, and any such commissioned officer and every other person acting in his aid or by his direction shall be and is hereby indemnified or discharged from any indictment, penalty or other proceeding for so doing.Jurisdiction20—(1) For the purpose of giving jurisdiction under this Act every offence shall be deemed to have been committed in the place in or over which the same was actually committed or in any place in which the offender may be.(2) Where any person, being a British subject, is charged with having committed any offence on board any British aircraft in the air, over the high seas, or over any foreign country, or on board any foreign aircraft to which he does not belong, or not being a British subject is charged with having committed any offence on board any British aircraft in the air over the high seas, and that person is found within the jurisdiction of any Court in His Majesty’s dominions which would have had cognisance of the offence if it had been committed on board a British aircraft within the limits of its ordinary jurisdiction, that Court shall have jurisdiction to try the offence as if it had been so committed.(3) Where any offence is committed in any aircraft in the air over the British Islands or in the territorial waters adjacent thereto, the offence shall be deemed to have been committed either in the place in which the same was actually committed or in any place in which the offender may be.Supplementary Provisions as to British Aircraft21—(1) If any person assumes the British national character on an aircraft owned in whole or in part by any person not qualified to own a British aircraft for the purpose of making the aircraft appear to be aBritish aircraft, the aircraft shall be liable to be seized and detained under this Act unless the assumption has been made for the purpose of escaping capture by an enemy or by any person in the exercise of some belligerent right.(2) If the owner or pilot of a British aircraft does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent to conceal the British character of the aircraft or of any person entitled under this Act to inquire into the same, or with intent to assume a foreign character, or with intent to deceive any person so entitled as aforesaid, the aircraft shall be liable to be seized and detained under this Act, and the pilot, if he commits or is privy to the commission of the offence, shall in respect of each offence be guilty of a misdemeanour.(3) If an unqualified person acquires as owner, otherwise than in accordance with this Act or the regulations made thereunder, any interest, either legal or beneficial, in an aircraft assuming the British character, that interest shall be subject to forfeiture.Application of Foreign Enlistment Act22—The Foreign Enlistment Act, 1870, shall have effect as if the expression “ship” included any description of aircraft, and as if the expression “equipping” in relation to an aircraft included, in addition to the things specifically mentioned in that Act, any other thing which is used in or about an aircraft for the purpose of fitting or adapting her for aerial navigation.Extent of Act23—(1) The provisions of this Act and of the regulations made thereunder shall, except so far as they are expressly limited to the British Islands and the territorial waters adjacent thereto, apply to—(a) all British aircraft wheresoever they may be; and(b) all foreign aircraft whilst in or over any part of His Majesty’s dominions and the territorial waters adjacent thereto;and in any case arising in a British Court concerning matters arising within British jurisdiction foreign aircraft shall, so far as respects such provisions, be treated as if they were British aircraft.Provided that no such provisions, except those relating to the registration of aircraft and those contained in collision regulations, aircraft papers, regulations, and signals of distress regulations, shall apply to aircraft whilst in or over any part of His Majesty’s dominions outside the British Islands or in or over the territorial waters adjacent to any such part.(2) Subject as aforesaid, nothing in this Act shall be construed as limiting the power of the legislature of any British possession outsidethe British Islands to make provision in relation to the possession and the territorial waters adjacent thereto with respect to any of the matters dealt with by this Act.Exemption of Government Aircraft24—This Act shall not, except so far as it may be applied by Order in Council, apply to aircraft belonging to His Majesty.
Whereasthe sovereignty and rightful jurisdiction of His Majesty extends, and has always extended, over the air superincumbent on all parts of His Majesty’s dominions and the territorial waters adjacent thereto:
And whereas it is expedient to regulate the navigation of aircraft, whether British or foreign, within the limits of such jurisdiction, and in the case of British aircraft to regulate the navigation thereof both within the limits of such jurisdiction and elsewhere:
Be it therefore enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Power to Regulate Aerial Navigation
1—(1) The Secretary of State may by order regulate or prohibit aerial navigation by British or foreign aircraft or any class or description thereof over the British Islands and the territorial waters adjacent thereto, or any portions thereof, and in particular, but without derogating from the generality of the above provision, may by any such order—
(a) prescribe zones (hereinafter referred to as prohibited zones) over which it shall not (except as otherwise provided by the order) be lawful for aircraft to pass;
(b) prescribe the areas within which aircraft coming from any place outside the British Islands shall land, and the other conditions to be complied with by such aircraft;
(c) prohibit, restrict, or regulate the carriage in aircraft of explosives, munitions of war, carrier pigeons, photographic and radio-telegraphic apparatus and any other article the carriage of which may appear to the Secretary of State to be dangerous to the State or to the person or property of individuals;
(d) prohibit, restrict, or regulate the carriage in aircraft of merchandise or passengers;
(e) make such provision as may appear best calculated to prevent damage and nuisance being caused by aircraft.
(2) If any person does anything in contravention of any of the provisionsof any such order he shall in respect of each offence be guilty of a misdemeanour:
Provided that if it is proved that the contravention was committed with the intention of communicating to any foreign State any information, document, sketch, plan, model, or knowledge acquired, made or taken or with the intention of facilitating the communication at a future time of information to a foreign State any information, document, sketch, plan, model or knowledge acquired, made or taken or with the intention of facilitating the communication at a future time of information to a foreign State, he shall be guilty of a felony, and on conviction on indictment be liable to penal servitude for life or for any term not less than three years, and this proviso shall have effect and be construed as if it were part of the Official Secrets Act, 1889.
(3) Every order under this section shall have effect as if enacted in this Act, but as soon as may be after it is made shall be laid before each House of Parliament, and if an address is presented to His Majesty by either House of Parliament within the next subsequent twenty-one days on which that House has sat next after any such order came into force, praying that the order may be annulled, His Majesty may annul the order and it shall thenceforth be void, without prejudice to the validity of anything previously done thereunder.
Qualifications by Owning Aircraft
2—An aircraft shall not be deemed to be a British aircraft unless owned wholly by persons of the following descriptions (in this Act referred to as persons qualified to be owners of British aircraft), namely:—
(a) Natural-born British subjects;(b) Persons naturalised by or in pursuance of an Act of Parliament of the United Kingdom, or by or in pursuance of an Act or Ordinance of the proper legislative authority in a British possession;(c) Persons made denizens by letters of denization;(d) Bodies corporate established under and subject to the laws in force in some part of His Majesty’s dominions and having their principal place of business in those dominions, [all of whose directors and shareholders come under one of the aforementioned heads]:
(a) Natural-born British subjects;
(b) Persons naturalised by or in pursuance of an Act of Parliament of the United Kingdom, or by or in pursuance of an Act or Ordinance of the proper legislative authority in a British possession;
(c) Persons made denizens by letters of denization;
(d) Bodies corporate established under and subject to the laws in force in some part of His Majesty’s dominions and having their principal place of business in those dominions, [all of whose directors and shareholders come under one of the aforementioned heads]:
Provided that any person who either—
(1) being a natural-born British subject has taken the oath of allegiance to a foreign Sovereign or State or has otherwise become a citizen or subject of a foreign State; or(2) has been naturalised or made a denizen as aforesaid; shall not be qualified to be an owner of a British aircraft, unless after taking the said oath or becoming a citizen or subject of a foreign State, or on or after being naturalised or made a denizen as aforesaid, he hastaken the oath of allegiance to His Majesty the King and is during the time he is owner of the aircraft either resident in His Majesty’s dominions or a partner in a firm actually carrying on business in His Majesty’s dominions.
(1) being a natural-born British subject has taken the oath of allegiance to a foreign Sovereign or State or has otherwise become a citizen or subject of a foreign State; or
(2) has been naturalised or made a denizen as aforesaid; shall not be qualified to be an owner of a British aircraft, unless after taking the said oath or becoming a citizen or subject of a foreign State, or on or after being naturalised or made a denizen as aforesaid, he hastaken the oath of allegiance to His Majesty the King and is during the time he is owner of the aircraft either resident in His Majesty’s dominions or a partner in a firm actually carrying on business in His Majesty’s dominions.
Registration of British Aircraft
3—(1) Every British aircraft shall be registered in such manner as the Board of Trade may by regulations prescribe:
Provided that an aircraft which is registered under the law of any foreign nation as an aircraft belonging to that nation shall not also be registered as a British aircraft.
(2) Regulations under this section may provide for—
(a) the appointment and duties of registrars;(b) the keeping of registers and the particulars to be entered therein;(c) the procedure for obtaining the registration of aircraft by the owners thereof, including the evidence to be produced as to the qualifications of applicants;(d) the issue, form, custody, and delivery up of certificates of registration;(e) the transfer and transmission of British aircraft;(f) the fees to be paid;(g) the application with the necessary modifications for any of the purposes aforesaid of any of the provisions contained in sections twenty to twenty-two, twenty-five, twenty-seven to thirty, thirty-nine to forty-six (except so far as those sections relate to mortgages), forty-eight to fifty-three, fifty-six, fifty-seven, sixty, sixty-one, and sixty-four of the Merchant Shipping Act, 1894.
(a) the appointment and duties of registrars;
(b) the keeping of registers and the particulars to be entered therein;
(c) the procedure for obtaining the registration of aircraft by the owners thereof, including the evidence to be produced as to the qualifications of applicants;
(d) the issue, form, custody, and delivery up of certificates of registration;
(e) the transfer and transmission of British aircraft;
(f) the fees to be paid;
(g) the application with the necessary modifications for any of the purposes aforesaid of any of the provisions contained in sections twenty to twenty-two, twenty-five, twenty-seven to thirty, thirty-nine to forty-six (except so far as those sections relate to mortgages), forty-eight to fifty-three, fifty-six, fifty-seven, sixty, sixty-one, and sixty-four of the Merchant Shipping Act, 1894.
(3) If an aircraft required under this Act to be registered is not so registered it shall not be recognised as a British aircraft, and shall not be entitled to any of the benefits, privileges, or advantages, or protection enjoyed by British aircraft, nor to assume the British national character, but so far as regards the payment of dues, the liability to fines and forfeitures, and the punishment of offences committed on such aircraft, or by any person belonging to it, such aircraft shall be dealt with in the same manner in all respects as if she were a recognised British aircraft.
(4) If any person required under the regulations to deliver up a certificate of registration fails to do so, he shall be guilty of an offence under this Act.
(5) If the owner or pilot of an aircraft uses or attempts to use a certificate of registry not legally granted in respect of the aircraft, he shall in respect of each offence be guilty of a misdemeanour.
Certification of Airworthiness
4—(1) An aircraft (if not exempted from the provisions of this section by the regulations made thereunder) shall not be navigated unless its airworthiness has been certified in accordance with regulations made by the Board of Trade and the certificate of airworthiness in respect thereof is for the time being in force.
(2) The regulations of the Board of Trade under this section may, amongst other things—
(a) prescribe the conditions to be fulfilled (including the equipment to be carried) and the tests to be applied in determining airworthiness;(b) provide for the conduct on behalf of the Board of Trade by other bodies of tests and examinations of aircraft;(c) provide for the issue form, custody, and delivery up of certificates of airworthiness;(d) provide for the recognition of certificates of airworthiness granted under the laws of any British possession or foreign nation which appear to the Board of Trade effective for ascertaining and determining airworthiness;(e) prescribe the fees to be paid in respect of the grant of such certificates and in respect of applications therefor;(f) provide for the exemption from the provisions of this section of aircraft of any particular class or under any particular circumstances prescribed by the regulations.
(a) prescribe the conditions to be fulfilled (including the equipment to be carried) and the tests to be applied in determining airworthiness;
(b) provide for the conduct on behalf of the Board of Trade by other bodies of tests and examinations of aircraft;
(c) provide for the issue form, custody, and delivery up of certificates of airworthiness;
(d) provide for the recognition of certificates of airworthiness granted under the laws of any British possession or foreign nation which appear to the Board of Trade effective for ascertaining and determining airworthiness;
(e) prescribe the fees to be paid in respect of the grant of such certificates and in respect of applications therefor;
(f) provide for the exemption from the provisions of this section of aircraft of any particular class or under any particular circumstances prescribed by the regulations.
(3) The regulations of the Board of Trade under this section may in the prescribed manner require the owner of any aircraft in respect of which a certificate of airworthiness has been issued or is recognised under those regulations to submit his aircraft at any time for such tests and examinations as may be prescribed for determining whether the conditions of airworthiness continue to be fulfilled, and may authorise endorsement on any such certificate of the result of such tests or examinations, and the cancellation of any such certificate, or the withdrawal of the recognition thereof, on its being found that such conditions have ceased to be fulfilled, or on failure to comply with any such requirement as aforesaid.
(4) If any person navigates or allows to be navigated any aircraft (other than an aircraft of an exempted class) in respect of which a certificate of airworthiness granted or recognised under this section is not for the time being in force, or navigates or allows to be navigated an aircraft in respect of which such a certificate is for the time being in force, knowing that the prescribed conditions of airworthiness have ceased to be fulfilled, he shall be guilty of a misdemeanour:
Provided that this sub-section shall not, nor shall any proceedings taken thereunder, affect any liability of any such person to be proceeded against by indictment for any other indictable offence.
Certification of Officers
5—(1) Every aircraft when being navigated shall be provided with a navigator duly certificated in accordance with this section, and also, in such cases as may be prescribed by regulations made by the Board of Trade, with such other officers so certificated as may be prescribed.
(2) The Board of Trade may make regulations—
(a) as to the issue and form of certificates of competency under this section;(b) prescribing the cases in which officers other than the navigator are to be certificated, and the number and character of such officers;(c) prescribing the qualifications to be possessed for obtaining a certificate as navigator or as officer serving in any other capacity;(d) for holding examinations of candidates for certificates and for such examinations being conducted on behalf of the Board of Trade by other bodies;(e) as to the issue of new certificates in place of certificates which have been lost or destroyed;(f) as to the cancellation, suspension, endorsement and delivery up of certificates of competency;(g) as to the recognition of certificates of competency issued to navigators and other officers under the laws of any British possession or foreign nation which appear to the Board effective for ascertaining and determining their competency;(h) as to the fees to be paid on the grant of a certificate and by candidates entering for examination.
(a) as to the issue and form of certificates of competency under this section;
(b) prescribing the cases in which officers other than the navigator are to be certificated, and the number and character of such officers;
(c) prescribing the qualifications to be possessed for obtaining a certificate as navigator or as officer serving in any other capacity;
(d) for holding examinations of candidates for certificates and for such examinations being conducted on behalf of the Board of Trade by other bodies;
(e) as to the issue of new certificates in place of certificates which have been lost or destroyed;
(f) as to the cancellation, suspension, endorsement and delivery up of certificates of competency;
(g) as to the recognition of certificates of competency issued to navigators and other officers under the laws of any British possession or foreign nation which appear to the Board effective for ascertaining and determining their competency;
(h) as to the fees to be paid on the grant of a certificate and by candidates entering for examination.
(3) The regulations shall provide for different certificates of competency being issued in respect of different classes of aircraft, and a navigator or other officer shall not be deemed to be duly certificated in respect of an aircraft of any class unless he is the holder for the time being of a valid certificate of competency under this section in respect of that class of craft, and of a grade appropriate to his station in the aircraft or of a higher grade.
(4) If any person—
(a) navigates or allows to be navigated any aircraft not provided with a duly certificated navigator, and, in the case of any aircraft which is under the regulations required to be provided with other certificated officers, without such other officers; or,(b) having been engaged as a navigator or other officer required to be certificated, navigates, or takes part in the navigation of, an aircraft without being duly certificated; or(c) employs a person as a navigator or as an officer in contraventionof this section without ascertaining that the person so serving is duly certificated;
(a) navigates or allows to be navigated any aircraft not provided with a duly certificated navigator, and, in the case of any aircraft which is under the regulations required to be provided with other certificated officers, without such other officers; or,
(b) having been engaged as a navigator or other officer required to be certificated, navigates, or takes part in the navigation of, an aircraft without being duly certificated; or
(c) employs a person as a navigator or as an officer in contravention
of this section without ascertaining that the person so serving is duly certificated;
that person shall be guilty of an offence under this Act.
Collision Regulations
6—(1) The Board of Trade may make regulations (hereinafter referred to as collision regulations) for the prevention of collisions in the air, and may thereby regulate the lights to be carried and exhibited, the fog signals to be carried and used, and the steering and flying rules to be observed by aircraft.
(2) All owners and navigators of aircraft shall obey the collision regulations, and shall not carry or exhibit any other lights or use any other fog signals than such as are required by those regulations.
(3) If an infringement of the collision regulations is caused by the wilful default of the owner or navigator of the aircraft, the owner or navigator of the aircraft shall in respect of each offence be guilty of a misdemeanour.
(4) If any damage to property arises from the non-observance by any aircraft of any of the collision regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the aircraft at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the regulations necessary.
Alternative for Subsections (3), (4)
(3) If an infringement of the collision regulations is caused by the wilful default of the owner or navigator of an aircraft or of any person in charge of the craft at the time, that owner, navigator or person shall be guilty of a misdemeanour.
(4) If the infringement of the collision regulations is caused by any wilful default, the wilful default shall be deemed to be the wilful default of the navigator. Provided that if the navigator proves to the satisfaction of the Court that he issued proper orders for the observance and used due diligence to enforce the observance of the collision regulations, and that the whole responsibility for the infringement in question rested with some other person, the navigator shall be exempt from any punishment under this provision.
(5) The collision regulations may provide for the inspection of aircraft for the purpose of seeing that the craft is properly provided with lights and the means of making fog signals in conformity with the collision regulations [and the seizure and detention of any craft not so provided].
Identification Regulations
7—(1) The Board of Trade may make regulations providing generally for facilitating the identification of aircraft, and in particular for
determining and regulating generally the size, shape, and character of the identifying marks to be fixed under the regulations, and the mode in which they are to be affixed and rendered easily distinguishable [whether by night or day], and any such regulations may provide for the recognition of identifying marks complying with the law of any British possession or foreign nation which appears to the Board of Trade equally effective for facilitating the identification of aircraft.
(2) The regulations under this section may provide for the seizure and detention of any aircraft which is not marked in accordance with those regulations.
(3) If any person navigates or allows to be navigated any aircraft in respect of which any of the requirements of the regulations made under this section are not complied with, he shall be guilty of an offence under this Act [qu.he shall be guilty of a misdemeanour].
Aircraft Papers
8—(1) The Board of Trade may make regulations—
(a) requiring logs and such other papers as may be prescribed to be carried in aircraft;(b) prescribing the form of such logs and other papers;(c) prescribing the entries to be made in logs and the time at which and the manner in which such entries are to be made;(d) as to the production, inspection, delivery up, and preservation of logs and other papers.
(a) requiring logs and such other papers as may be prescribed to be carried in aircraft;
(b) prescribing the form of such logs and other papers;
(c) prescribing the entries to be made in logs and the time at which and the manner in which such entries are to be made;
(d) as to the production, inspection, delivery up, and preservation of logs and other papers.
(2) If any person contravenes any of the provisions of the regulations under this section he shall be guilty of an offence under this Act.
Signals of Distress Regulations
9—(1) The Board of Trade may make regulations as to what signals shall be signals of distress in respect of the various classes of aircraft, and the signals fixed by those regulations shall be deemed to be signals of distress.
(2) If a pilot of an aircraft uses or displays or causes or permits any person under his authority to use or display any of those signals of distress except in the case of an aircraft in distress such of those signals as are appropriate to the class to which the aircraft belongs, he shall be liable to pay compensation for any labour undertaken, risk incurred, or loss sustained in consequence of any person having been deceived by the signal [qu.he shall be guilty of an offence against this Act].
Customs Regulations
10—The Commissioners of Customs and Excise may, subject to the consent of Treasury, make such regulations as they may consider necessary for the prevention of smuggling and safeguarding the interests ofthe State with respect to the importation or exportation of goods in aircraft into or from the British Islands, and may for that purpose apply, with the necessary modifications, all or any of the enactments relating to Customs, and may by those regulations, with the consent of the Secretary of State and upon such terms as to payments to police authorities as he may sanction, require officers of police to perform in respect of aircraft all or any of the duties imposed on officers of Customs and may for that purpose confer on police officers all or any of the powers possessed by officers of Customs.
Post Office Regulations
11—The Postmaster-General may make regulations with respect to the conveyance of postal packets in aircraft, and may for that purpose apply, with the necessary modifications, all or any of the enactments relating to mail ships and the conveyance of postal packets in ships.
Trespass and Damages for Injury Caused by Aircraft
12—(1) The flight of an aircraft over any land in the British Islands shall not in itself be deemed to be trespass, but nothing in this provision shall affect the rights and remedies of any person in respect of any injury to property or person caused by an aircraft, or by any person carried therein, and any injury caused by the assembly of persons upon the landing of an aircraft shall be deemed to be the natural and probable consequence of such landing.
(2) Where injury to property or person has been caused by an aircraft, the aircraft may be seized and detained until the owner thereof has given security to the satisfaction of a justice or an officer of police not below the rank of inspector to pay such damages as may be awarded in respect of the injury and any costs incidental to the proceedings.
Salvage of Wrecked Aircraft
13—(1) If any person finds, whether on land or at sea, an aircraft which has been wrecked or lost, he shall as soon as may be communicate with the police or other proper authority, and the police or authority shall communicate the information to the owner of the aircraft if he can be ascertained.
(2) Where any such aircraft is salved then—
(a) if the owner of the aircraft does not abandon his right to the aircraft he shall pay to any persons whose services have contributed to the salvage of the aircraft, including any person or authority who has given or communicated such information as aforesaid, any expenses incurred by them for the purpose and five per cent. of the value of aircraft as salved, after deducting from that amount the amount of the expenses ofsalvage payable by the owner, to be distributed among those persons in such manner as, in default of agreement, the Court having cognisance of the case may think just; and(b) if the owner abandons his right to the aircraft, it shall be sold or otherwise dealt with for the benefit of the salvors.
(a) if the owner of the aircraft does not abandon his right to the aircraft he shall pay to any persons whose services have contributed to the salvage of the aircraft, including any person or authority who has given or communicated such information as aforesaid, any expenses incurred by them for the purpose and five per cent. of the value of aircraft as salved, after deducting from that amount the amount of the expenses ofsalvage payable by the owner, to be distributed among those persons in such manner as, in default of agreement, the Court having cognisance of the case may think just; and
(b) if the owner abandons his right to the aircraft, it shall be sold or otherwise dealt with for the benefit of the salvors.
(3) The Board of Trade may make regulations for the purpose of carrying this section into effect, and in particular may prescribe what authority shall be deemed the proper authority, the manner in which communications are to be made, the manner in which an owner may abandon his right to an aircraft, and the manner in which aircraft may be sold or otherwise dealt with for the benefit of the salvors.
Search
14—(1) If any officer of police has reason for suspecting that an offence against this Act or any regulations made thereunder has been or is being committed on board any aircraft, he may enter and search the craft, and may search any person found therein or who may have been landed therefrom:
Provided that before any person is searched, he may require to be taken with all reasonable despatch before a justice, who shall, if he sees no reasonable cause for search, discharge that person, but if otherwise direct that he be searched, and if a female she shall not be searched by any other than a female.
(2) If any person assaults or obstructs any officer of police in searching an aircraft, or in searching any person in the aircraft, or who may have landed therefrom, he shall be guilty of an offence against this Act, and if any officer of police without reasonable ground causes any person to be searched, that officer shall be guilty of an offence against this Act.
Seizure and Detention of Aircraft
15—The Secretary of State may make regulations as to the manner in which aircraft, liable to seizure and detention under this Act may be seized and detained.
Forgery, etc., of Certificates, etc.
16—If any person—
(a) forges or fraudulently alters, or assists in forging or fraudulently altering or procures to be forged or fraudulently altered, any certificate of registration, airworthiness, or competency under this Act or any log or other papers required under this Act to be carried in an aircraft; or,(b) makes or assists in making or procures to be made any false representation for the purpose of procuring the issue of a certificateof airworthiness, or of procuring either for himself or for any other person a certificate of competency; or(c) fraudulently uses a certificate of registration, airworthiness, or competency which has been forged, altered, cancelled, or suspended, or to which he is not entitled; or(d) fraudulently lends his certificate of competency, or allows it to be used by any other person; or(e) forges or fraudulently alters or uses or assists in forging or fraudulently altering or using, or procures to be forged or fraudulently altered or used, or allows to be used by any other person, any mark for identifying an aircraft,
(a) forges or fraudulently alters, or assists in forging or fraudulently altering or procures to be forged or fraudulently altered, any certificate of registration, airworthiness, or competency under this Act or any log or other papers required under this Act to be carried in an aircraft; or,
(b) makes or assists in making or procures to be made any false representation for the purpose of procuring the issue of a certificateof airworthiness, or of procuring either for himself or for any other person a certificate of competency; or
(c) fraudulently uses a certificate of registration, airworthiness, or competency which has been forged, altered, cancelled, or suspended, or to which he is not entitled; or
(d) fraudulently lends his certificate of competency, or allows it to be used by any other person; or
(e) forges or fraudulently alters or uses or assists in forging or fraudulently altering or using, or procures to be forged or fraudulently altered or used, or allows to be used by any other person, any mark for identifying an aircraft,
he shall be guilty of a misdemeanour.
Punishment for Offences
17—(1) An offence against this Act declared to be a misdemeanour shall be punishable with a fine or with imprisonment not exceeding two years, with or without hard labour, but may, instead of being prosecuted on indictment as a misdemeanour, be prosecuted summarily in manner provided by the Summary Jurisdiction Acts, and if so prosecuted shall be punishable only with imprisonment for a term not exceeding three months, with or without hard labour, or with a fine not exceeding one hundred pounds, or with both such imprisonment and fine.
(2) An offence against this Act not declared to be a misdemeanour shall be prosecuted summarily in manner provided by the Summary Jurisdiction Acts, and shall be punishable with a fine not exceeding one hundred pounds or with imprisonment for a term not exceeding three months, with or without hard labour, or with both such imprisonment and fine.
(3) Where a person is beneficially interested otherwise than by way of mortgage in any aircraft registered in the name of some other person as owner, the person so interested shall as well as the registered owner be subject to all the pecuniary penalties by this Act imposed on owners of aircraft, so nevertheless that proceedings may be taken for the enforcement of any such penalties against both or either of the aforesaid parties with or without joining the other of them.
Provisions as to Public Foreign Aircraft
18—It shall not be lawful for any aircraft in the service of any foreign State to pass over or land on any part of the British Islands or the territorial waters adjacent thereto except on the invitation of His Majesty [or of some department of His Majesty’s Government], and any person carried in an aircraft contravening the provisions of this section shall be guilty of a misdemeanour, and, unless the Secretary of Stateotherwise orders, the aircraft may be seized, detained, and searched, and the persons carried therein or landed therefrom may be searched in accordance with the provisions of this Act.
Power to Fire on Aircraft Flying Over Prohibited Areas
19—If any aircraft flies or attempts to fly over any prohibited zone or being an aircraft in the service of a foreign State flies or attempts to fly over any part of the British Islands or the territorial waters adjacent thereto in contravention of this Act, it shall be lawful for any commissioned officer in His Majesty’s Navy, Army, or Marines [not below the rank of], to cause a gun to be fired as a signal, and if, after such gun has been fired, the aircraft fails to respond to the signal by complying with such regulations as may be made by the Secretary of State under this Act for dealing with the case, to fire at such aircraft, and any such commissioned officer and every other person acting in his aid or by his direction shall be and is hereby indemnified or discharged from any indictment, penalty or other proceeding for so doing.
Jurisdiction
20—(1) For the purpose of giving jurisdiction under this Act every offence shall be deemed to have been committed in the place in or over which the same was actually committed or in any place in which the offender may be.
(2) Where any person, being a British subject, is charged with having committed any offence on board any British aircraft in the air, over the high seas, or over any foreign country, or on board any foreign aircraft to which he does not belong, or not being a British subject is charged with having committed any offence on board any British aircraft in the air over the high seas, and that person is found within the jurisdiction of any Court in His Majesty’s dominions which would have had cognisance of the offence if it had been committed on board a British aircraft within the limits of its ordinary jurisdiction, that Court shall have jurisdiction to try the offence as if it had been so committed.
(3) Where any offence is committed in any aircraft in the air over the British Islands or in the territorial waters adjacent thereto, the offence shall be deemed to have been committed either in the place in which the same was actually committed or in any place in which the offender may be.
Supplementary Provisions as to British Aircraft
21—(1) If any person assumes the British national character on an aircraft owned in whole or in part by any person not qualified to own a British aircraft for the purpose of making the aircraft appear to be aBritish aircraft, the aircraft shall be liable to be seized and detained under this Act unless the assumption has been made for the purpose of escaping capture by an enemy or by any person in the exercise of some belligerent right.
(2) If the owner or pilot of a British aircraft does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent to conceal the British character of the aircraft or of any person entitled under this Act to inquire into the same, or with intent to assume a foreign character, or with intent to deceive any person so entitled as aforesaid, the aircraft shall be liable to be seized and detained under this Act, and the pilot, if he commits or is privy to the commission of the offence, shall in respect of each offence be guilty of a misdemeanour.
(3) If an unqualified person acquires as owner, otherwise than in accordance with this Act or the regulations made thereunder, any interest, either legal or beneficial, in an aircraft assuming the British character, that interest shall be subject to forfeiture.
Application of Foreign Enlistment Act
22—The Foreign Enlistment Act, 1870, shall have effect as if the expression “ship” included any description of aircraft, and as if the expression “equipping” in relation to an aircraft included, in addition to the things specifically mentioned in that Act, any other thing which is used in or about an aircraft for the purpose of fitting or adapting her for aerial navigation.
Extent of Act
23—(1) The provisions of this Act and of the regulations made thereunder shall, except so far as they are expressly limited to the British Islands and the territorial waters adjacent thereto, apply to—
(a) all British aircraft wheresoever they may be; and(b) all foreign aircraft whilst in or over any part of His Majesty’s dominions and the territorial waters adjacent thereto;and in any case arising in a British Court concerning matters arising within British jurisdiction foreign aircraft shall, so far as respects such provisions, be treated as if they were British aircraft.Provided that no such provisions, except those relating to the registration of aircraft and those contained in collision regulations, aircraft papers, regulations, and signals of distress regulations, shall apply to aircraft whilst in or over any part of His Majesty’s dominions outside the British Islands or in or over the territorial waters adjacent to any such part.(2) Subject as aforesaid, nothing in this Act shall be construed as limiting the power of the legislature of any British possession outsidethe British Islands to make provision in relation to the possession and the territorial waters adjacent thereto with respect to any of the matters dealt with by this Act.Exemption of Government Aircraft24—This Act shall not, except so far as it may be applied by Order in Council, apply to aircraft belonging to His Majesty.
(a) all British aircraft wheresoever they may be; and
(b) all foreign aircraft whilst in or over any part of His Majesty’s dominions and the territorial waters adjacent thereto;
and in any case arising in a British Court concerning matters arising within British jurisdiction foreign aircraft shall, so far as respects such provisions, be treated as if they were British aircraft.
Provided that no such provisions, except those relating to the registration of aircraft and those contained in collision regulations, aircraft papers, regulations, and signals of distress regulations, shall apply to aircraft whilst in or over any part of His Majesty’s dominions outside the British Islands or in or over the territorial waters adjacent to any such part.
(2) Subject as aforesaid, nothing in this Act shall be construed as limiting the power of the legislature of any British possession outsidethe British Islands to make provision in relation to the possession and the territorial waters adjacent thereto with respect to any of the matters dealt with by this Act.
Exemption of Government Aircraft
24—This Act shall not, except so far as it may be applied by Order in Council, apply to aircraft belonging to His Majesty.