FAA 14 CFR PART 203-2011 WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES《华沙公约责任保险最高保额的弃权和防御》.pdf

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1、9 Office of the Secretary, DOT 203.2 Subpart BCertificate Terms, Conditions, and Limitations 201.6 Applicability. Unless the certificate or the order authorizing its issuance shall other-wise provide, such terms, conditions and limitations as are set forth in this part, and as may from time to time

2、be prescribed by the Department, shall apply to the exercise of the privileges granted by each certificate issued under section 41102 or section 41103 of the Statute. Docket No. 47582, 57 FR 38765, Aug. 27, 1992, as amended at 60 FR 43523, Aug. 22, 1995 201.7 General certificate conditions. (a) It s

3、hall be a condition upon the holding of a certificate that any inten-tional failure by the holder to comply with any provision of Statute or any order, rule, or regulation issued there-under or any term, condition, or limi-tation of such certificate shall be a failure to comply with the terms, con-d

4、itions, and limitations of the certifi-cate within the meaning of section 41110 of the Statute even though the failure to comply occurred outside the territorial limits of the United States, except to the extent that such failure shall be necessitated by an obligation, duty, or liability imposed by

5、a foreign country. (b) Failure to file the reports re-quired by part 241, 291, or 298 of this chapter shall be sufficient grounds to revoke a certificate. (c) The authority to transport U.S. mail under a certificate is permissive, unless the Department, by order or rule, directs a carrier or class o

6、f car-riers to transport mail on demand of the U.S. Postal Service; such certifi-cate confers no right to receive sub-sidy, for the carriage of mail or other-wise. (d) An all-cargo air transportation certificate shall confer no right to carry passengers, other than cargo at-tendants accompanying a s

7、hipment, or to engage in any air transportation outside the geographical scope of inter-state cargo transportation. Such cer-tificate shall not, however, restrict the right of the holder to provide sched-uled, charter, contract, or other trans-portation of cargo, by air, within that geographical sco

8、pe. (e) It shall be a condition upon the holding of a certificate that the holder have and maintain in effect and on file with the Department a signed counter-part of Agreement 18900 (OST Form 4523), and a tariff (for those carriers otherwise generally required to file tariffs) that includes its ter

9、ms, and that the holder comply with all other requirements of part 203. OST Form 4523 may be obtained from the Office of Aviation Analysis, Special Authorities Division. Docket No. 47582, 57 FR 38765, Aug. 27, 1992, as amended at 60 FR 43523, Aug. 22, 1995 PART 203WAIVER OF WARSAW CONVENTION LIABILI

10、TY LIMITS AND DEFENSES Sec. 203.1 Scope. 203.2 Applicability. 203.3 Filing requirements for adherence to Montreal Agreement. 203.4 Montreal Agreement as part of airline- passenger contract and conditions of car-riage. 203.5 Compliance as condition on operations in air transportation. AUTHORITY: 49 U

11、.S.C. Chapters 401, 411, 413, 415, 417. SOURCE: ER1324, 48 FR 8044, Feb. 25, 1983, unless otherwise noted. 203.1 Scope. This part requires that certain U.S. and foreign direct air carriers waive the passenger liability limits and cer-tain carrier defenses in the Warsaw Convention in accordance with

12、the pro-visions of Agreement 18900, dated May 13, 1966, and provides that acceptance of authority for, or operations by the carrier in, air transportation shall be considered to act as such a waiver by that carrier. ER1324, 48 FR 8044, Feb. 25, 1983, as amend-ed by Docket No. 47939, 57 FR 40100, Sep

13、t. 2, 1992 203.2 Applicability. This part applies to all direct U.S. and foreign direct air carriers, except for air taxi operators as defined in part VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRPr

14、ovided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-10 14 CFR Ch. II (1111 Edition) 203.3 298 of this chapter that (a) are not com-muter air carriers, (b) do not partici-pate in interline agreements, and (c) do not engage in foreign air transpor-tation. 20

15、3.3 Filing requirements for adher-ence to Montreal Agreement. All direct U.S. and foreign air car-riers shall have and maintain in effect and on file in the Departments Docu-mentary Services Division (Docket 17325) on OST Form 4523 a signed coun-terpart to Agreement 18900, an agree-ment relating to

16、liability limitations of the Warsaw Convention and Hague Protocol approved by CAB Order E 23680, dated May 13, 1966 (the Montreal Agreement), and a signed counterpart of any amendment or amendments to such Agreement that may be approved by the Department and to which the air carrier or foreign air c

17、arrier be-comes a party. U.S. air taxi operators registering under part 298 of this chap-ter and Canadian charter air taxi oper-ators registering under part 294 of this chapter may comply with this require-ment by filing completed OST Forms 4507 and 4523, respectively, in accord-ance with the provis

18、ions of those parts. Docket No. 47939, 57 FR 40100, Sept. 2, 1992, as amended at 60 FR 43523, Aug. 22, 1995; 70 FR 25767, May 16, 2005 203.4 Montreal Agreement as part of airline-passenger contract and con-ditions of carriage. (a) As required by the Montreal Agreement, carriers that are otherwise ge

19、nerally required to file tariffs shall file with the Departments Tariffs Divi-sion a tariff that includes the provi-sions of the counterpart to Agreement 18900. (b) As further required by that Agree-ment, each participating carrier shall include the Agreements terms as part of its conditions of carr

20、iage. The par-ticipating carrier shall give each of its passengers the notice required by the Montreal Agreement as provided in 221.175 of this chapter. (c) Participation in the Montreal Agreement, whether by signing the Agreement, filing a signed counterpart to it under 203.3, or by operation of la

21、w under 203.5, shall constitute a spe-cial agreement between the carrier and its passengers as a condition of car-riage that a liability limit of not less than $75,000 (U.S.) shall apply under Ar-ticle 22(1) of the Warsaw Convention for passenger injury and death. Such participation also constitutes

22、 a waiver of the defense under Article 20(1) of the Convention that the carrier was not negligent. (The reporting provisions contained in para-graph (a) were approved by the Office of Management and Budget under control num-ber 30240064.) ER1324, 48 FR 8044, Feb. 25, 1983, as amend-ed by ER1338, 48

23、FR 31013, July 6, 1983; Dock-et No. 47939, 57 FR 40100, Sept. 2, 1992 203.5 Compliance as condition on op-erations in air transportation. It shall be a condition on the author-ity of all direct U.S. and foreign car-riers to operate in air transportation that they have and maintain in effect and on f

24、ile with the Department a signed counterpart of Agreement 18900, and a tariff (for those carriers other-wise generally required to file tariffs) that includes its provisions, as required by this subpart. Notwithstanding any failure to file that counterpart and such tariff, any such air carrier or fo

25、r-eign air carrier issued license author-ity (including exemptions) by the De-partment or operating in air transpor-tation shall be deemed to have agreed to the provisions of Agreement 18900 as fully as if that air carrier or foreign air carrier had in fact filed a properly exe-cuted counterpart to

26、that Agreement and tariff. ER1324, 48 FR 8044, Feb. 25, 1983, as amend-ed by Docket No. 47939, 57 FR 40100, Sept. 2, 1992 PART 204DATA TO SUPPORT FITNESS DETERMINATIONS Subpart AGeneral Provisions Sec. 204.1 Purpose. 204.2 Definitions. Subpart BFiling Requirements 204.3 Applicants for new certificat

27、e or com-muter air carrier authority. 204.4 Carriers proposing to provide essential air service. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00020 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-