This is the original version (as it was originally made).
(This note is not part of the Regulations)
These Regulations make provision to comply with obligations of the United Kingdom under Regulation 785/04 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (“the Insurance Regulation”). The Insurance Regulation obliges air carriers and other aircraft operators to take out insurance meeting minimum levels of cover in respect of liability for passengers, baggage, cargo and third parties. Member States must ensure that these requirements are complied with.
Regulation 3 provides that the Civil Aviation Authority is to act as the competent authority for the purposes of enforcement of the Insurance Regulation, except in relation to holders of permits under articles 113 or 115 of the Air Navigation Order 2000 (permits to fly certain aircraft registered outside the United Kingdom), where the Secretary of State will exercise the relevant functions.
Regulation 4 makes it a criminal offence for air carriers and other aircraft operators to fail to take out insurance meeting the requirements of the Insurance Regulation. This offence does not extend to air carriers or aircraft operators regulated by other Member States of the European Community.
Regulation 5 sets the level of minimum insurance in respect of liability for passengers in the case of non-commercial operations using aircraft with a maximum take off mass of 2700kg or less.
Regulations 6 to 8 place obligations on air carriers and other aircraft operators to provide the CAA or the Secretary of State with information relating to their insurance for liability in respect of passengers, baggage, cargo and third parties. Regulation 9 makes it a criminal offence in certain circumstances to provide false insurance details.
Regulation 10 provides for aircraft to be prevented from taking off where it appears that requirements of the Insurance Regulation will be contravened. It is an offence under regulation 11 to obstruct or impede a relevant authority who is seeking to prevent take off.
Regulation 12 specifies the maximum penalties which will apply in the case of the criminal offences created by the preceding provisions. At present the maximum fines referred to in paragraphs (1)(a) and (2) of this regulation are £5000 and £1000 respectively.
A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR. Alternatively copies can be obtained from the Department’s website which is at www.dft.gov.uk.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
