THE REGULATION OF AIR TRAFFIC
IMPORTANCE OF SAME—LAWS FORMED BY BRITISH AERIAL TRANSPORT COMMISSION
LIKELY TO BE BASES OF INTERNATIONAL AERIAL LAWS—COPY OF SAME
With aircraft flying over cities, towns, countries, continents, and the
oceans, carrying passengers, it is becoming absolutely essential that
a code of laws for aerial navigation should be adopted by the United
States, and an international code should also be adopted by the nations
of the earth.
In the United States laws should be adopted to regulate the inspection
of aircraft which carry passengers, just as sea and river navigation
is now regulated, in order to protect the lives of the passengers,
and also to protect the lives of the people living in the cities
where these machines are apt to descend, on account of damages that
could be collected, etc., in case a machine fell upon and destroyed
private property. Unless this is done, with the tremendous increase
of the number of aircraft in the United States, there is apt to be
a considerable number of lives lost unnecessarily, and a great deal
of damage done to private property, for which no compensation can be
awarded.
In the matter of international regulation of aircraft it is a great
deal more important because of the ease with which commodities could
be smuggled in from one country to another, even though mountains
or rivers intervene at the borders. Flying at one hundred miles per
hour, carrying two or three tons, smuggling could be carried on very
extensively between different countries of the world.
The aerial police and aerial navigation laws could restrain and stop
such unlawful flying, but an international code is necessary to
determine their rights.
It is more important, however, to determine and prescribe the places
at which foreign aircraft could cross the border or land for customs
inspection. In these regulations should also be incorporated a code of
international law. The conditions under which the fleet should pass
from one country to another should be prescribed. Unless this was done
it would be possible for any country in Europe, operating a fleet of
10,000 or more commercial aircraft, to convert them into bombers, each
carrying tons of inextinguishable incendiary bombs, which could destroy
a city like Paris, Brussels, or London within a few hours. A menace
of this last possibility is so great that the leading aeronautical
authorities in Paris and London have asked for a specified written code
of aerial navigation laws, to be adopted by the League of Nations. In
conformity to that object of controlling all kinds of aircraft, the
British Aerial Transport Committee have drawn up a draft of a bill for
the regulation of aerial navigation. The principles laid down in this
bill are so universal in their application that they could be very
well adopted by the United States and other nations of the earth.
Prior to the war, as early as 1905, and forever afterward, the
International Aeronautical Federation was organizing laws regulating
aerial navigation, and making it the chief topic of discussion.
In 1910 the International Convention held in Paris drew up aerial acts
restricting navigation over forbidden zones. There was not at that time
sufficient aircraft navigating to make these regulations as important
as they are at the present time.
Some of our own States passed some absurd laws to restrict aerial
navigation to their own States. These were absurd because of the fact
that no limits should be placed on the interstate flying to aircraft
because most States in the Union could be flown over in a matter of
hours. Federal laws only are sufficient to deal with this situation.
The Department of Commerce, which has charge of both registration and
inspection, is the logical department to have charge of the regulation
of aircraft.
In 1914 the Department of Commerce took charge of regulating aircraft,
and Dean R. Van Kirk, Washington, D. C., was fined $550 for disobeying
its rules. These regulations should aim to do what the Motor Boat Act
does in the case of vessels of not more than sixty-five feet in length.
Since the preponderance of aircraft shall be commercial, it is absurd
to delegate this power to the Division of Aeronautics.
Herewith follows the draft of the bill regulating aerial navigation
submitted to the British House of Parliament and later submitted to the
Peace Conference for adoption by that body in Paris.
DRAFT OF A BILL
FOR THE REGULATIONS OF AERIAL NAVIGATION
WHEREAS the sovereignty and rightful jurisdiction of His Majesty
extends, and has always extended, over the air superincumbent on all
parts of His Majesty’s dominions and the territorial waters adjacent
thereto:
And whereas it is expedient to regulate the navigation of aircraft,
whether British or foreign, within the limits of such jurisdiction,
and in the case of British aircraft to regulate the navigation thereof
both within the limits of such jurisdiction and elsewhere:
Be it therefore enacted by the King’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority of
the same, as follows:—
POWER TO REGULATE AERIAL NAVIGATION
1—(1) The Secretary of State may by order regulate or prohibit aerial
navigation by British or foreign aircraft or any class or description
thereof over the British Islands and the territorial waters adjacent
thereto, or any portions thereof, and in particular, but without
derogating from the generality of the above provision, may by any such
order—
(_a_) prescribe zones (hereinafter referred to as prohibited zones)
over which it shall not (except as otherwise provided by the order) be
lawful for aircraft to pass;
(_b_) prescribe the areas within which aircraft coming from any place
outside the British Islands shall land, and the other conditions to be
complied with by such aircraft;
(_c_) prohibit, restrict, or regulate the carriage in aircraft of
explosives, munitions of war, carrier pigeons, photographic and
radio-telegraphic apparatus and any other article the carriage of
which may appear to the Secretary of State to be dangerous to the
State or to the person or property of individuals;
(_d_) prohibit, restrict, or regulate the carriage in aircraft of
merchandise or passengers;
(_e_) make such provision as may appear best calculated to prevent
damage and nuisance being caused by aircraft.
(2) If any person does anything in contravention of any of the
provisions of any such order he shall in respect of each offence be
guilty of a misdemeanour:
Provided that if it is proved that the contravention was committed with
the intention of communicating to any foreign State any information,
document, sketch, plan, model, or knowledge acquired, made or taken or
with the intention of facilitating the communication at a future time
of information to a foreign State any information, document, sketch,
plan, model or knowledge acquired, made or taken or with the intention
of facilitating the communication at a future time of information to
a foreign State, he shall be guilty of a felony, and on conviction
on indictment be liable to penal servitude for life or for any term
not less than three years, and this proviso shall have effect and be
construed as if it were part of the Official Secrets Act, 1889.
(3) Every order under this section shall have effect as if enacted in
this Act, but as soon as may be after it is made shall be laid before
each House of Parliament, and if an address is presented to His Majesty
by either House of Parliament within the next subsequent twenty-one
days on which that House has sat next after any such order came into
force, praying that the order may be annulled, His Majesty may annul
the order and it shall thenceforth be void, without prejudice to the
validity of anything previously done thereunder.
QUALIFICATIONS BY OWNING AIRCRAFT
2—An aircraft shall not be deemed to be a British aircraft unless
owned wholly by persons of the following descriptions (in this Act
referred to as persons qualified to be owners of British aircraft),
namely:—
(_a_) Natural-born British subjects;
(_b_) Persons naturalised by or in pursuance of an Act of Parliament
of the United Kingdom, or by or in pursuance of an Act or Ordinance of
the proper legislative authority in a British possession;
(_c_) Persons made denizens by letters of denization;
(_d_) Bodies corporate established under and subject to the laws
in force in some part of His Majesty’s dominions and having their
principal place of business in those dominions, [all of whose
directors and shareholders come under one of the aforementioned heads]:
Provided that any person who either—
(1) being a natural-born British subject has taken the oath of
allegiance to a foreign Sovereign or State or has otherwise become a
citizen or subject of a foreign State; or
(2) has been naturalised or made a denizen as aforesaid; shall not be
qualified to be an owner of a British aircraft, unless after taking
the said oath or becoming a citizen or subject of a foreign State, or
on or after being naturalised or made a denizen as aforesaid, he has
taken the oath of allegiance to His Majesty the King and is during
the time he is owner of the aircraft either resident in His Majesty’s
dominions or a partner in a firm actually carrying on business in His
Majesty’s dominions.
REGISTRATION OF BRITISH AIRCRAFT
3—(1) Every British aircraft shall be registered in such manner as the
Board of Trade may by regulations prescribe:
Provided that an aircraft which is registered under the law of any
foreign nation as an aircraft belonging to that nation shall not also
be registered as a British aircraft.
(2) Regulations under this section may provide for—
(_a_) the appointment and duties of registrars;
(_b_) the keeping of registers and the particulars to be entered
therein;
(_c_) the procedure for obtaining the registration of aircraft by
the owners thereof, including the evidence to be produced as to the
qualifications of applicants;
(_d_) the issue, form, custody, and delivery up of certificates of
registration;
(_e_) the transfer and transmission of British aircraft;
(_f_) the fees to be paid;
(_g_) the application with the necessary modifications for any of the
purposes aforesaid of any of the provisions contained in sections
twenty to twenty-two, twenty-five, twenty-seven to thirty, thirty-nine
to forty-six (except so far as those sections relate to mortgages),
forty-eight to fifty-three, fifty-six, fifty-seven, sixty, sixty-one,
and sixty-four of the Merchant Shipping Act, 1894.
(3) If an aircraft required under this Act to be registered is not so
registered it shall not be recognised as a British aircraft, and shall
not be entitled to any of the benefits, privileges, or advantages,
or protection enjoyed by British aircraft, nor to assume the British
national character, but so far as regards the payment of dues, the
liability to fines and forfeitures, and the punishment of offences
committed on such aircraft, or by any person belonging to it, such
aircraft shall be dealt with in the same manner in all respects as if
she were a recognised British aircraft.
(4) If any person required under the regulations to deliver up a
certificate of registration fails to do so, he shall be guilty of an
offence under this Act.
(5) If the owner or pilot of an aircraft uses or attempts to use a
certificate of registry not legally granted in respect of the aircraft,
he shall in respect of each offence be guilty of a misdemeanour.
CERTIFICATION OF AIRWORTHINESS
4—(1) An aircraft (if not exempted from the provisions of this section
by the regulations made thereunder) shall not be navigated unless its
airworthiness has been certified in accordance with regulations made
by the Board of Trade and the certificate of airworthiness in respect
thereof is for the time being in force.
(2) The regulations of the Board of Trade under this section may,
amongst other things—
(_a_) prescribe the conditions to be fulfilled (including the
equipment to be carried) and the tests to be applied in determining
airworthiness;
(_b_) provide for the conduct on behalf of the Board of Trade by other
bodies of tests and examinations of aircraft;
(_c_) provide for the issue form, custody, and delivery up of
certificates of airworthiness;
(_d_) provide for the recognition of certificates of airworthiness
granted under the laws of any British possession or foreign nation
which appear to the Board of Trade effective for ascertaining and
determining airworthiness;
(_e_) prescribe the fees to be paid in respect of the grant of such
certificates and in respect of applications therefor;
(_f_) provide for the exemption from the provisions of this section of
aircraft of any particular class or under any particular circumstances
prescribed by the regulations.
(3) The regulations of the Board of Trade under this section may in
the prescribed manner require the owner of any aircraft in respect of
which a certificate of airworthiness has been issued or is recognised
under those regulations to submit his aircraft at any time for such
tests and examinations as may be prescribed for determining whether the
conditions of airworthiness continue to be fulfilled, and may authorise
endorsement on any such certificate of the result of such tests or
examinations, and the cancellation of any such certificate, or the
withdrawal of the recognition thereof, on its being found that such
conditions have ceased to be fulfilled, or on failure to comply with
any such requirement as aforesaid.
(4) If any person navigates or allows to be navigated any aircraft
(other than an aircraft of an exempted class) in respect of which a
certificate of airworthiness granted or recognised under this section
is not for the time being in force, or navigates or allows to be
navigated an aircraft in respect of which such a certificate is for
the time being in force, knowing that the prescribed conditions of
airworthiness have ceased to be fulfilled, he shall be guilty of a
misdemeanour:
Provided that this sub-section shall not, nor shall any proceedings
taken thereunder, affect any liability of any such person to be
proceeded against by indictment for any other indictable offence.
CERTIFICATION OF OFFICERS
5—(1) Every aircraft when being navigated shall be provided with a
navigator duly certificated in accordance with this section, and also,
in such cases as may be prescribed by regulations made by the Board of
Trade, with such other officers so certificated as may be prescribed.
(2) The Board of Trade may make regulations—
(_a_) as to the issue and form of certificates of competency under
this section;
(_b_) prescribing the cases in which officers other than the navigator
are to be certificated, and the number and character of such officers;
(_c_) prescribing the qualifications to be possessed for obtaining a
certificate as navigator or as officer serving in any other capacity;
(_d_) for holding examinations of candidates for certificates and for
such examinations being conducted on behalf of the Board of Trade by
other bodies;
(_e_) as to the issue of new certificates in place of certificates
which have been lost or destroyed;
(_f_) as to the cancellation, suspension, endorsement and delivery up
of certificates of competency;
(_g_) as to the recognition of certificates of competency issued to
navigators and other officers under the laws of any British possession
or foreign nation which appear to the Board effective for ascertaining
and determining their competency;
(_h_) as to the fees to be paid on the grant of a certificate and by
candidates entering for examination.
(3) The regulations shall provide for different certificates of
competency being issued in respect of different classes of aircraft,
and a navigator or other officer shall not be deemed to be duly
certificated in respect of an aircraft of any class unless he is
the holder for the time being of a valid certificate of competency
under this section in respect of that class of craft, and of a grade
appropriate to his station in the aircraft or of a higher grade.
(4) If any person—
(_a_) navigates or allows to be navigated any aircraft not provided
with a duly certificated navigator, and, in the case of any aircraft
which is under the regulations required to be provided with other
certificated officers, without such other officers; or,
(_b_) having been engaged as a navigator or other officer required to
be certificated, navigates, or takes part in the navigation of, an
aircraft without being duly certificated; or
(_c_) employs a person as a navigator or as an officer in
contravention
of this section without ascertaining that the person so serving is
duly certificated;
that person shall be guilty of an offence under this Act.
COLLISION REGULATIONS
6—(1) The Board of Trade may make regulations (hereinafter referred to
as collision regulations) for the prevention of collisions in the air,
and may thereby regulate the lights to be carried and exhibited, the
fog signals to be carried and used, and the steering and flying rules
to be observed by aircraft.
(2) All owners and navigators of aircraft shall obey the collision
regulations, and shall not carry or exhibit any other lights or use any
other fog signals than such as are required by those regulations.
(3) If an infringement of the collision regulations is caused by the
wilful default of the owner or navigator of the aircraft, the owner or
navigator of the aircraft shall in respect of each offence be guilty of
a misdemeanour.
(4) If any damage to property arises from the non-observance by any
aircraft of any of the collision regulations, the damage shall be
deemed to have been occasioned by the wilful default of the person
in charge of the aircraft at the time, unless it is shown to the
satisfaction of the Court that the circumstances of the case made a
departure from the regulations necessary.
_Alternative for Subsections (3), (4)_
(3) If an infringement of the collision regulations is caused by the
wilful default of the owner or navigator of an aircraft or of any
person in charge of the craft at the time, that owner, navigator or
person shall be guilty of a misdemeanour.
(4) If the infringement of the collision regulations is caused by any
wilful default, the wilful default shall be deemed to be the wilful
default of the navigator. Provided that if the navigator proves to
the satisfaction of the Court that he issued proper orders for the
observance and used due diligence to enforce the observance of the
collision regulations, and that the whole responsibility for the
infringement in question rested with some other person, the navigator
shall be exempt from any punishment under this provision.
(5) The collision regulations may provide for the inspection of
aircraft for the purpose of seeing that the craft is properly provided
with lights and the means of making fog signals in conformity with the
collision regulations [and the seizure and detention of any craft not
so provided].
IDENTIFICATION REGULATIONS
7—(1) The Board of Trade may make regulations providing generally for
facilitating the identification of aircraft, and in particular for
determining and regulating generally the size, shape, and character of
the identifying marks to be fixed under the regulations, and the mode
in which they are to be affixed and rendered easily distinguishable
[whether by night or day], and any such regulations may provide for the
recognition of identifying marks complying with the law of any British
possession or foreign nation which appears to the Board of Trade
equally effective for facilitating the identification of aircraft.
(2) The regulations under this section may provide for the seizure and
detention of any aircraft which is not marked in accordance with those
regulations.
(3) If any person navigates or allows to be navigated any aircraft in
respect of which any of the requirements of the regulations made under
this section are not complied with, he shall be guilty of an offence
under this Act [_qu._ he shall be guilty of a misdemeanour].
AIRCRAFT PAPERS
8—(1) The Board of Trade may make regulations—
(_a_) requiring logs and such other papers as may be prescribed to be
carried in aircraft;
(_b_) prescribing the form of such logs and other papers;
(_c_) prescribing the entries to be made in logs and the time at which
and the manner in which such entries are to be made;
(_d_) as to the production, inspection, delivery up, and preservation
of logs and other papers.
(2) If any person contravenes any of the provisions of the regulations
under this section he shall be guilty of an offence under this Act.
SIGNALS OF DISTRESS REGULATIONS
9—(1) The Board of Trade may make regulations as to what signals shall
be signals of distress in respect of the various classes of aircraft,
and the signals fixed by those regulations shall be deemed to be
signals of distress.
(2) If a pilot of an aircraft uses or displays or causes or permits any
person under his authority to use or display any of those signals of
distress except in the case of an aircraft in distress such of those
signals as are appropriate to the class to which the aircraft belongs,
he shall be liable to pay compensation for any labour undertaken, risk
incurred, or loss sustained in consequence of any person having been
deceived by the signal [_qu._ he shall be guilty of an offence against
this Act].
CUSTOMS REGULATIONS
10—The Commissioners of Customs and Excise may, subject to the consent
of Treasury, make such regulations as they may consider necessary
for the prevention of smuggling and safeguarding the interests of
the State with respect to the importation or exportation of goods in
aircraft into or from the British Islands, and may for that purpose
apply, with the necessary modifications, all or any of the enactments
relating to Customs, and may by those regulations, with the consent of
the Secretary of State and upon such terms as to payments to police
authorities as he may sanction, require officers of police to perform
in respect of aircraft all or any of the duties imposed on officers of
Customs and may for that purpose confer on police officers all or any
of the powers possessed by officers of Customs.
POST OFFICE REGULATIONS
11—The Postmaster-General may make regulations with respect to the
conveyance of postal packets in aircraft, and may for that purpose
apply, with the necessary modifications, all or any of the enactments
relating to mail ships and the conveyance of postal packets in ships.
TRESPASS AND DAMAGES FOR INJURY CAUSED BY AIRCRAFT
12—(1) The flight of an aircraft over any land in the British
Islands shall not in itself be deemed to be trespass, but nothing in
this provision shall affect the rights and remedies of any person in
respect of any injury to property or person caused by an aircraft, or
by any person carried therein, and any injury caused by the assembly
of persons upon the landing of an aircraft shall be deemed to be the
natural and probable consequence of such landing.
(2) Where injury to property or person has been caused by an aircraft,
the aircraft may be seized and detained until the owner thereof has
given security to the satisfaction of a justice or an officer of police
not below the rank of inspector to pay such damages as may be awarded
in respect of the injury and any costs incidental to the proceedings.
SALVAGE OF WRECKED AIRCRAFT
13—(1) If any person finds, whether on land or at sea, an aircraft
which has been wrecked or lost, he shall as soon as may be communicate
with the police or other proper authority, and the police or authority
shall communicate the information to the owner of the aircraft if he
can be ascertained.
(2) Where any such aircraft is salved then—
(_a_) if the owner of the aircraft does not abandon his right to the
aircraft he shall pay to any persons whose services have contributed
to the salvage of the aircraft, including any person or authority who
has given or communicated such information as aforesaid, any expenses
incurred by them for the purpose and five per cent. of the value of
aircraft as salved, after deducting from that amount the amount of the
expenses of salvage payable by the owner, to be distributed among
those persons in such manner as, in default of agreement, the Court
having cognisance of the case may think just; and
(_b_) if the owner abandons his right to the aircraft, it shall be
sold or otherwise dealt with for the benefit of the salvors.
(3) The Board of Trade may make regulations for the purpose of carrying
this section into effect, and in particular may prescribe what
authority shall be deemed the proper authority, the manner in which
communications are to be made, the manner in which an owner may abandon
his right to an aircraft, and the manner in which aircraft may be sold
or otherwise dealt with for the benefit of the salvors.
SEARCH
14—(1) If any officer of police has reason for suspecting that an
offence against this Act or any regulations made thereunder has been
or is being committed on board any aircraft, he may enter and search
the craft, and may search any person found therein or who may have been
landed therefrom:
Provided that before any person is searched, he may require to be taken
with all reasonable despatch before a justice, who shall, if he sees no
reasonable cause for search, discharge that person, but if otherwise
direct that he be searched, and if a female she shall not be searched
by any other than a female.
(2) If any person assaults or obstructs any officer of police in
searching an aircraft, or in searching any person in the aircraft, or
who may have landed therefrom, he shall be guilty of an offence against
this Act, and if any officer of police without reasonable ground causes
any person to be searched, that officer shall be guilty of an offence
against this Act.
SEIZURE AND DETENTION OF AIRCRAFT
15—The Secretary of State may make regulations as to the manner in
which aircraft, liable to seizure and detention under this Act may be
seized and detained.
FORGERY, ETC., OF CERTIFICATES, ETC.
16—If any person—
(_a_) forges or fraudulently alters, or assists in forging or
fraudulently altering or procures to be forged or fraudulently
altered, any certificate of registration, airworthiness, or competency
under this Act or any log or other papers required under this Act to
be carried in an aircraft; or,
(_b_) makes or assists in making or procures to be made any false
representation for the purpose of procuring the issue of a certificate
of airworthiness, or of procuring either for himself or for any other
person a certificate of competency; or
(_c_) fraudulently uses a certificate of registration, airworthiness,
or competency which has been forged, altered, cancelled, or suspended,
or to which he is not entitled; or
(_d_) fraudulently lends his certificate of competency, or allows it
to be used by any other person; or
(_e_) forges or fraudulently alters or uses or assists in forging
or fraudulently altering or using, or procures to be forged or
fraudulently altered or used, or allows to be used by any other
person, any mark for identifying an aircraft,
he shall be guilty of a misdemeanour.
PUNISHMENT FOR OFFENCES
17—(1) An offence against this Act declared to be a misdemeanour shall
be punishable with a fine or with imprisonment not exceeding two years,
with or without hard labour, but may, instead of being prosecuted
on indictment as a misdemeanour, be prosecuted summarily in manner
provided by the Summary Jurisdiction Acts, and if so prosecuted shall
be punishable only with imprisonment for a term not exceeding three
months, with or without hard labour, or with a fine not exceeding one
hundred pounds, or with both such imprisonment and fine.
(2) An offence against this Act not declared to be a misdemeanour shall
be prosecuted summarily in manner provided by the Summary Jurisdiction
Acts, and shall be punishable with a fine not exceeding one hundred
pounds or with imprisonment for a term not exceeding three months, with
or without hard labour, or with both such imprisonment and fine.
(3) Where a person is beneficially interested otherwise than by way of
mortgage in any aircraft registered in the name of some other person
as owner, the person so interested shall as well as the registered
owner be subject to all the pecuniary penalties by this Act imposed on
owners of aircraft, so nevertheless that proceedings may be taken for
the enforcement of any such penalties against both or either of the
aforesaid parties with or without joining the other of them.
PROVISIONS AS TO PUBLIC FOREIGN AIRCRAFT
18—It shall not be lawful for any aircraft in the service of any
foreign State to pass over or land on any part of the British Islands
or the territorial waters adjacent thereto except on the invitation of
His Majesty [or of some department of His Majesty’s Government], and
any person carried in an aircraft contravening the provisions of this
section shall be guilty of a misdemeanour, and, unless the Secretary
of State otherwise orders, the aircraft may be seized, detained, and
searched, and the persons carried therein or landed therefrom may be
searched in accordance with the provisions of this Act.
POWER TO FIRE ON AIRCRAFT FLYING OVER PROHIBITED AREAS
19—If any aircraft flies or attempts to fly over any prohibited
zone or being an aircraft in the service of a foreign State flies or
attempts to fly over any part of the British Islands or the territorial
waters adjacent thereto in contravention of this Act, it shall be
lawful for any commissioned officer in His Majesty’s Navy, Army, or
Marines [not below the rank of], to cause a gun to be fired as a
signal, and if, after such gun has been fired, the aircraft fails to
respond to the signal by complying with such regulations as may be made
by the Secretary of State under this Act for dealing with the case,
to fire at such aircraft, and any such commissioned officer and every
other person acting in his aid or by his direction shall be and is
hereby indemnified or discharged from any indictment, penalty or other
proceeding for so doing.
JURISDICTION
20—(1) For the purpose of giving jurisdiction under this Act every
offence shall be deemed to have been committed in the place in or over
which the same was actually committed or in any place in which the
offender may be.
(2) Where any person, being a British subject, is charged with having
committed any offence on board any British aircraft in the air, over
the high seas, or over any foreign country, or on board any foreign
aircraft to which he does not belong, or not being a British subject
is charged with having committed any offence on board any British
aircraft in the air over the high seas, and that person is found within
the jurisdiction of any Court in His Majesty’s dominions which would
have had cognisance of the offence if it had been committed on board a
British aircraft within the limits of its ordinary jurisdiction, that
Court shall have jurisdiction to try the offence as if it had been so
committed.
(3) Where any offence is committed in any aircraft in the air over the
British Islands or in the territorial waters adjacent thereto, the
offence shall be deemed to have been committed either in the place in
which the same was actually committed or in any place in which the
offender may be.
SUPPLEMENTARY PROVISIONS AS TO BRITISH AIRCRAFT
21—(1) If any person assumes the British national character on an
aircraft owned in whole or in part by any person not qualified to
own a British aircraft for the purpose of making the aircraft appear
to be a British aircraft, the aircraft shall be liable to be seized
and detained under this Act unless the assumption has been made for
the purpose of escaping capture by an enemy or by any person in the
exercise of some belligerent right.
(2) If the owner or pilot of a British aircraft does anything or
permits anything to be done, or carries or permits to be carried any
papers or documents, with intent to conceal the British character of
the aircraft or of any person entitled under this Act to inquire into
the same, or with intent to assume a foreign character, or with intent
to deceive any person so entitled as aforesaid, the aircraft shall be
liable to be seized and detained under this Act, and the pilot, if he
commits or is privy to the commission of the offence, shall in respect
of each offence be guilty of a misdemeanour.
(3) If an unqualified person acquires as owner, otherwise than in
accordance with this Act or the regulations made thereunder, any
interest, either legal or beneficial, in an aircraft assuming the
British character, that interest shall be subject to forfeiture.
APPLICATION OF FOREIGN ENLISTMENT ACT
22—The Foreign Enlistment Act, 1870, shall have effect as if the
expression “ship” included any description of aircraft, and as if the
expression “equipping” in relation to an aircraft included, in addition
to the things specifically mentioned in that Act, any other thing which
is used in or about an aircraft for the purpose of fitting or adapting
her for aerial navigation.
EXTENT OF ACT
23—(1) The provisions of this Act and of the regulations made
thereunder shall, except so far as they are expressly limited to the
British Islands and the territorial waters adjacent thereto, apply to—
(_a_) all British aircraft wheresoever they may be; and
(_b_) all foreign aircraft whilst in or over any part of His Majesty’s
dominions and the territorial waters adjacent thereto;
and in any case arising in a British Court concerning matters arising
within British jurisdiction foreign aircraft shall, so far as respects
such provisions, be treated as if they were British aircraft.
Provided that no such provisions, except those relating to the
registration of aircraft and those contained in collision regulations,
aircraft papers, regulations, and signals of distress regulations,
shall apply to aircraft whilst in or over any part of His Majesty’s
dominions outside the British Islands or in or over the territorial
waters adjacent to any such part.
(2) Subject as aforesaid, nothing in this Act shall be construed
as limiting the power of the legislature of any British possession
outside the British Islands to make provision in relation to the
possession and the territorial waters adjacent thereto with respect to
any of the matters dealt with by this Act.
EXEMPTION OF GOVERNMENT AIRCRAFT
24—This Act shall not, except so far as it may be applied by Order in
Council, apply to aircraft belonging to His Majesty.