Assistance to Passengers) Regulations, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,807, 19 ta’ Awissu, 2005

L.N. 297 of 2005

CIVIL AVIATION ACT

(CAP. 232)

The Civil Aviation (Denied Boarding, Compensation and

Assistance to Passengers) Regulations, 2005

IN exercise of the powers conferred by article 3 of the Civil

Aviation Act, the Minister for Competitiveness and Communications

hereby has made the following regulations>

The title of these regulations shall be the Civil Aviation (Denied Citation.

Boarding Compensation and Assistance to Passengers) Regulations,

2005. In these regulations, unless the context otherwise requires -

Interpretation.

“the Council Regulation” means Council Regulation (EC)

No. 261#2004 of 11 th February 2004 establishing common rules

on compensation and assistance to passengers in the event of denied

boarding and of cancellation or long delay of flights<

“operating air carrier” means an air transport undertaking with

a valid operating licence that performs or intends to perform a

flight under a contract with a passenger, or on behalf of another

person, legal or natural, having a contract with the passenger.

(1) An operating air carrier who fails to comply with an Offences.

obligation imposed on it by Article 4 to 6 , 10, 11 or 14 of the Council

Regulation shall be guilty of an offence.

(2) An operating air carrier guilty of an offence under this

regulation shall be liable on summary conviction, to a fine (multa) of

not less than Lm250 but not exceeding Lm1000.

(1) Subject to the following provisions of this regulation, in Due diligence

defence.

proceedings against any operating air carrier for an offence under

regulation 3 of these regulations, it shall be a defence for that operating

air carrier to show that it took all reasonable steps and exercised all due

diligence to avoid committing such offence.

(2) An operating air carrier shall not be entitled to rely on

the defence provided by sub-regulation (1) hereof by reason of its

reliance on information supplied by another operating air carrier, unless

it shows that it was reasonable in all the circumstances for it to have

relied on the information, having regard in particular>

(a) to the steps which it took, and those that might reasonably

have been taken, for the purpose of verifying the information< and

(b) whether it had any reason to disbelieve the information.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press