(b)
500,000 francs172
plus 250 francs per kilogramme over 2,000 kg for aircraft weighing more than 2,000, but not exceeding 6,000 kg.
Proposal B This proposal aimed to eliminate the discontinuity at the 2,000 kg level, to increase the limits substantially for all aircraft except those of less thank 1,000 kg and to permit the limits to rise continuously with weight for the larger aircraft. It would be achieved by substituting for sub-paragraphs (a), (b) and (c) of paragraph (1) of Article II, the following sub-paragraphs:
(a)
500,000 francs for aircraft weighing 1,000 kg or less
(b)
500,000 francs plus 400 francs per kilogramme over 1,000 kg for aircraft weigh-ing more than 1,000, but not exceeding 6,000 kg
(c)
2,500,000 francs plus 250 francs per kilogramme over 6,000 kg for aircraft weighing more than 6,000, but not exceeding 20,000 kg
(d)
6,000,000 francs plus 150 francs per kilogramme over 20,000 kg for aircraft weighing more than 20,000 but not exceeding 50,000 kg
(e)
10,500,000 francs plus 100 francs per kilogramme over 50,000 kg for air-craft weighing more than 50,000 kg
Proposals had been made that the sub-limit of 300,000 francs per person killed or injured in paragraph (2) of Article II should be deleted. The Council recognized the importance of this question but felt that the issues raised by the individual limit of 300,000 francs per person killed or injured were largely legal in their implications and that the Council was not in possession of any information on this point not available to the Legal Committee. The Council therefore decided that it was not in a position to give advice to States as to this limit.
172Article I. The franc used in the Convention, and de.ned in Article II (4) thereof, equalled US $0.66335, as indicated by the International Monetary Fund.
C. The Rome Convention of 1952
III. Provisions of the Convention
The 1952 Rome Convention provides that, any person who suffers damage on the surface shall, upon proof only that the damage was caused by an aircraft in .ight or by any person or thing falling therefrom, be entitled to compensation as provided by the Convention. Nevertheless, there shall be no right to compensation if the damage is not a direct consequence of the incident giving rise thereto, or if the damage results from the mere fact of passage of the aircraft through the airspace in conformity with existing air traf.c regulations.
Article 1 of the Convention provides that, for the purpose of the Convention, an aircraft is considered to be in .ight from the moment when power is applied for the purpose of actual take-off, until the moment when the landing run ends. In the case of an aircraft lighter than air, the expression “in .ight” relates to the period from the moment when it becomes detached from the surface until it becomes again attached thereto.
Article 2 provides that, the liability for compensation contemplated by Article 1 attaches to the operator of the aircraft and that, for the purposes of the Convention, the term “operator” shall mean the person who was making use of the aircraft at the time the damage was caused, provided that if control of the navigation of the aircraft was retained by the person whom the right to make use of the aircraft was derived, whether directly or indirectly, that person shall be considered the operator. A person shall be considered to be making use of an aircraft when he is using it personally or when his servants or agents are using the aircraft in the course of their employment, whether or not within the scope of their authority. The registered owner of the aircraft is presumed to be the operator and is liable as such unless, in the proceedings for the determination of his liability, he proves that some other person was the operator and, in so far as legal procedures permit, takes appropriate measures to make that other person a party in the proceedings.
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