Part 9B Domestic carriage by air

Part 9B: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).

91U Interpretation

(1)

In this Part, unless the context otherwise requires,—

actual carrier means a person, other than the contracting carrier, who—

(a)

performs the whole or part of the carriage contracted for by the contracting carrier with the authority of the contracting carrier; but

(b)

is not, in relation to that carriage, a successive carrier

aeroplane means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces that remain fixed under given conditions of flight

carrier includes a contracting carrier and an actual carrier

contract includes an arrangement made without consideration

contracting carrier

(a)

means a person who, as a principal, makes a contract for carriage with a passenger, or with a person acting on behalf of the passenger; and

(b)

includes a successive carrier

international carriage, in relation to carriage by air, means carriage in which, according to the contract between the parties, the place of departure and the place of destination, whether or not there is a break in the carriage or a transhipment, are—

(a)

within the territories of 2 countries; or

(b)

within the territory of a single country if there is an agreed stopping place within the territory of another country

passenger means a person carried under a contract for carriage other than a person—

(a)

assigned by the carrier for duty as a member of the crew of the aeroplane; or

(b)

carried for the sole purpose of receiving or giving instruction in the control or navigation of an aeroplane in flight

successive carrier means a person who performs part of the carriage if the carriage—

(a)

is performed by 2 or more persons in successive stages; and

(b)

has been regarded by the parties as a single operation, whether it has been agreed on by a single contract or by 2 or more contracts.

(2)

If any question arises as to whether or not an actual carrier has authority from a contracting carrier to perform any carriage, that authority is, in the absence of proof to the contrary, to be presumed.

Compare: 1967 No 151 s 18

Section 91U: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8).