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Aviation History
1919
1919 - 0992.PDF
JULY 24, 1919 INTERNATIONAL FLYING CONVENTION THE Air Ministry on Tuesday issued the text of the Convention relating to International Air Navigation [Cmd] agreed upon by the sub-commission dealing with aerial navigation at the Peace Conference. The Convention has been agreed to by all the representatives, subject to certain reservations. The Convention has not been formally approved by the Supreme Council of the Peace Conference. It has, however, been agreed that it should be issued for the information of the public of the Allied and Associated States. The following is the English text of the document, which is in English and French, both languages having equal validity :— Chapter I.—General Principles ARTICLE I.—The contracting States recognise that every State has complete and exclusive sovereignty in the air space above its territorv and territorial waters. ARTICLE 2.—Each contracting State undertakes in time of peace to accord freedom of innocent passage above its territory and territorial waters as well as above the terri tories and territorial waters of its Colonies to the aircraft of the other contracting States, provided that the conditions established in this Convention are observed. All regulations made by a contracting State as to the admission over its territory of the aircraft of the other con tracting States shall be applied without distinction of nation ality. ARTICLE 3.—Each contracting State has the right, for military reasons or in the interest of public safety, to prohibit the aircraft of the other contracting States, under the penalties provided by its legislation and subject to no distinction being made in this respect between its private aircraft and those of the other contracting States, from flying over certain areas of its territory. If it makes use of this right, it shall publish and notify beforehand to the other contracting States the location and extent of the prohibited areas. ARTICLE 4.—Every aircraft which finds itself above a prohibited area shall, as soon as aware of the fact, give the signal of distress provided in Paragraph 17 of Annex D and land outside the prohibited area as near to it as possible and as soon as possible at one of the aerodromes of the State unlawfully flown over. Chapter II.—Nationality of Aircraft ARTICLE 5.—No contracting State shall, except by a special and temporary authorisation, permit the flight above its territory of an aircraft which does not possess the nationality of a contracting State. ARTICLE 6.—An aircraft possesses the nationality of the State on the register of which it is entered, in accordance with the provisions of Section I (c) of Annex A. ARTICLE 7.—An aircraft shall not be entered on the register of one of the contracting States unless it belongs wholly to nationals of such State. An incorporated company cannot be the registered owner of an aircraft unless it possesses the nationality of the State in which the aircraft is registered, and unless the president or chairman of the company and at least two-thirds of the directors possess the same nationality, and unless the com pany fulfils all other conditions which mav be prescribed by the laws of each State. ARTICLE 8.—An aircraft cannot be validly registered in more than one State. ARTICLE 9.—The contracting States shall every month exchange among themselves and transmit to the International Commission for Air Navigation copies of registrations and of cancellations of registration which shall have been entered on their official registers during the preceding month. ARTICLE 10,—All aircraft engaged in international navi gation shall bear their nationality and registration marks as well as the name and residence of the owner in accordance with Annex A. Chapter III.—Certificates of Airworthiness and Competency ARTICLE II.—Every aircraft engaged in international navigation shall, in accordance with Annex B, be provided with a certificate of airworthiness issued or rendered valid by the State whose nationality it possesses. ARTICLE 12.—The commanding officer, pilots, engineers, and other members of the operating crew of every aircraft shall, in accordance with Annex B, be provided with cer tificates of competency and licences issued or rendered valid by the State whose nationality the aircraft possesses. ARTICLE 13.—Certificates of airworthiness and of com petency and licences issued or rendered valid by the State whose nationality the aircraft possesses, in accordance with the regulations established by Annex B and Annex E and hereafter by the International Commission for Air Naviga tion, shall be recognised as valid by the other States. Each State has the right to refuse to recognise for the purpose of flights within the limits of and above its own territory certificates of competency and licences granted to one of its nationals by another contracting State. ARTICLE 14.—No wireless apparatus shall be carried without a special licence issued by the State whose nationality the aircraft possesses. Such apparatus shall not be used except by members of the crew provided with a special licence for the purpose. Every aircraft used in public transport and capable of carrying 10 or more persons shall be equipped with sending and receiving wireless apparatus when the methods of em ploying such apparatus shall have been determined by the International Commission for Air Navigation. This Commission may later extend the obligation of carry ing wireless apparatus to all other classes of aircraft in the conditions and according to the methods which it may determine. Chapter IV.—Admission to Air Navigation Above Foreign Territory ARTICLE 15.—Every aircraft of a contracting State has the right to cross another State without landing. In this case it shall follow the route fixed by the State over which the flight takes place. However, for reasons of general security it will be obliged to land if ordered to do so bv means of signals provided in Annex D. Every aircraft which passes from one State into another shall, if the regulations of the latter State require it, land in one of the aerodromes fixed by the latter. Notification of these aerodromes shall be given by the contracting States to the International Commission for Air Navigation and bv it notified to all the contracting States. The establishment of international airways shall be subject to the consent of the States flown over. ARTICLE 16.—Each contracting State shall have the right to reserve to its national aircraft the carriage of persons and goods for hire between two points on its own territory. ARTICLE 17.—If a contracting State establishes restrictions of the kind permitted by Article 16, its aircraft may be subjected to the same restrictions in any other contracting State, even though the latter State does not itself impose these restrictions on other foreign aircraft. Restrictions and reservations provided in Article 16 sliall be immediately published, and shall be communicated to the International Commission for Air Navigation which shall notify them to the States interested. ARTICLE 18.—The passage or transit of any aircraft with or without landing over or through the territory of any contracting State, including stoppages reasonably necessary for the purpose of such transit, shall not entail an - seizure or detention of the aircraft by or on behalf of such State or any person therein, on the ground that the constitution or mechanism of the aircraft is an infringement of any patent, design, or model, duly granted or registered in such State. Every claim for an infringement of this kind shall be duly made in the country of origin of the aircraft. Chapter V.—Rules to be Observed on Departure, on Landing, and when Under Way ARTICLE IQ.—Every aircraft engaged in international navigation shall be provided :— (a) With a certificate of registration in accordance with Annex A. (£>) With a certificate of airworthiness in accordance with Annex B. (c) With certificates and licences of the commanding officer, pilots, and crew in accordance with Annex E. (d) If it carries passengers, with a list of their names. (e) If it carries freight, with bills of lading and manifest. (/) With log books in accordance with Annex C. (g) If equipped with wireless, with the special licence prescribed by Article 14. ARTICLE 20.—The log books shall be kept for two years after the last entry. ARTICLE 21.—Upon the departure of an aircraft, the authorities of the country shall have, in all cases, the right to visit the aircraft and to verify all the documents with which it must be provided. 994
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