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Main Page / Legislations / Law No. 15 of 2002 on Civil Aviation / Chapter Thirteen / Liabilities and Safeguards Related to the Operation of Aircrafts
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Law No. 15 of 2002 on Civil Aviation

Law Summary Record Type: LawNumber: 15Date: 24/06/2002 Corresponding to 14/04/1423 HijriNumber of Articles: 116Status: In force
Official Gazette :Issue: 9Offcial Journal Issue Publication Date: 04/09/2002 Corresponding to 27/06/1423 HijriPage from: 169
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Liabilities and Safeguards Related to the Operation of Aircrafts

  • 74 Article

    The provisions of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, and other amending and supplementing agreements thereof acceded to by the State, shall be applicable to air transport.

  • 75 Article

    A carrier shall be liable to shippers and receivers for the dumping of cargo during flight.

  • 76 Article

    A carrier shall not be liable where the pilot in command removes an unruly passenger whose behaviour jeopardizes the safety of the aircraft or its passengers.

  • 77 Article

    All air carriers operating in the territory of the State shall ensure that all passengers and cargo have the documents and papers necessary to exit the State and to enter the destination airport.

  • 78 Article

    Any passenger holding a valid and confirmed air ticket shall be entitled to compensation by the airline if circumstances beyond his control, inter alia, flight delays, cancellations and overbooking by the airline, render him unable to travel on such ticket.

  • 79 Article

    Any person who suffers bodily or property damage on the ground shall be entitled to compensation if he proves that the damage was caused by the aircraft or by an object that fell therefrom on the ground.
     
    In terms of vehicles lighter than air, the flight starts upon separation from the surface until settling on it. Save for the cases stated in this Article, the general rules enforced in the State shall be applied.

  • 80 Article

    The operator of an aircraft shall be liable to pay compensation for the damage referred to in the above Article. The owner, or the lessee under whose name the aircraft is registered, shall be deemed an operator thereof and shall be liable in such capacity.

  • 81 Article

    1.      Where a person uses an aircraft without the consent of the operator, such operator shall be jointly liable with such person for any damage for which compensation referred to in Article 79 of this Law is claimed, unless the operator demonstrates that he took all reasonable steps to prevent such use without his consent.
    1. Each of them shall be liable to pay such compensation in accordance with the requirements stated in this Law.

  • 82 Article

    1.      No liability for compensation shall arise:
    1. Where damage is caused by armed conflict or civil unrest.
    2. Where those affected were ordered by the general authority not to use the aircraft but failed to comply with such order and damage occurred as a result of the error, negligence or omission of the affected or their subordinates or representatives.
    1. Where it is proved that those affected or their subordinates or representatives contributed to the damage, liability for compensation shall be reduced proportionally according to the extent to which they contributed to such damage.

  • 83 Article

    Where third parties on the ground suffer damages for which compensation may be claimed under the provisions of this Law as a result of a collision between two or more aircraft during flight or as a result of one aircraft blocking the course of another, each aircraft shall be deemed to have contributed to the damage.

  • 84 Article

    Compensation for damage caused by aircraft to third parties on the ground in the territory of the State shall be capped in accordance with the international conventions to which the State is party.

  • 85 Article

    1.      The liability of the operator to compensate damage under the provisions of this Law shall be unlimited where it is proved that the damage was caused by an intentional act or omission by the operator, his subordinates or representatives, or where it is proved that the damage was caused by their gross error or negligence accompanied by their knowledge of the possibility that damage would be caused.
    1. Where a person seizes an aircraft illegally or uses it without the consent of the owner or operator, the liability of such person for any damage caused as a result of such illegal seizure or unauthorised use shall be unlimited.

  • 86 Article

    1.      Without prejudice to the provisions of the previous Article, where multiple parties are liable for damage under the provisions of this Law, the total compensation payable to victims shall not exceed the cap of the compensation imposed on a single party.
    1. Where the provisions of Article 83 of this Law are applicable, the victim shall be entitled to compensation that does not exceed the total cap imposed on the aircraft which contributed to the damage. The operator, however, shall not be responsible for the payment of compensation that exceeds the cap specified for the aircraft unless the liability of such operator was unlimited in accordance with the provisions of the previous Article.
     

  • 87 Article

    Where the total amount of the compensation exceeds the limits of the established liability under the provisions of Article 85 of this Law, the rules of the Rome Convention of 1952 shall be applied while considering the following:
     
    1. Where the compensation is related to death or physical injury or damage to property individually, such compensation shall be reduced according to the amount allocated to each individual case.
    2. Where the compensation is related to death, physical injury and damage to property collectively, half of the total amount prepared for distribution shall be allocated to compensate death and physical injury, which shall be given priority. Where the amount is insufficient, it shall be distributed proportionately between these two cases. The other half of the total amount prepared for distribution shall be distributed proportionately among the cases of damage to property. Any remaining amount shall be added to the first half that is allocated to the compensation for death and physical injury.

  • 88 Article

    1.      Claims for compensation for damages caused by aircraft to third parties on the ground in the State shall be filed at the courts of the place of the occurrence.
    1. One or more claimants may, however, agree with one or more defendants to file the claim at the courts of another State.

  • 89 Article

    No claim for compensation for damage caused by aircraft to third parties on the ground may be filed after the lapse of two years from the date of the occurrence of the accident.

  • 90 Article

    In considering the provisions established in this Law, all aircraft operators working in the territory of the State shall take out insurance to cover their liability for damage caused to passengers, baggage and cargo on board their aircraft, and for damage caused by their aircraft to third parties on the ground. Such operators shall also take out insurance for employees who are exposed to danger related to aviation activities so as to cover any damage that might result therefrom.

  • 91 Article

    The insurance cover prescribed in the previous Article shall be taken out with a certified insurance company under the laws of the State in which the aircraft is registered.

  • 92 Article

    1.      The Civil Aviation Authority may oblige all aircraft operators working in the territory of the State to carry on board their aircraft a certificate issued by the insurer to prove the insurance under the provisions of this Law, as well as a certificate issued by the competent authority of the State in which the aircraft is registered or the State where the insurer's residence or principal place of business is located that proves the insurer's financial ability.
    1. The carrying on board of such certificates shall not be required where authentic copies are deposited with the Civil Aviation Authority.

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