Home Content Addenda Draft Convention
on the Legal Status of the Aircraft Commander
as revised at Paris by the Legal ad hoc Committee,
February 1947
THE UNDERMENTIONED GOVERNMENTS,
CONSIDERING it desirable that the status of the Commander of aircraft in international flight should be defined and regularized, and
HAVING AGREED upon certain principles and arrangements in connection with this matter,
HAVE ACCORDINGLY DECIDED TO CONCLUDE THIS CONVENTION:
Article 1
(1) Every aircraft performing an international flight shall carry one person vested with the powers of a Commander.
(2) The right to designate the Commander belongs to the operator of the aircraft.
(3) In the absence of any Commander so designated, or in case the latter is prevented from performing his duties, and if no successor has been designated by the operator, the Commander’s duties will be carried out by the other members of the crew in the following order: pilots, navigators, engineers, radio operators and stewards. The order of succession within each category shall be determined in accordance with the rank assigned by the operator.
Article 2
(1) Within the periods specified in article 5 below, the aircraft commander
(a) shall be in charge of the aircraft, the crew, the passengers, and the cargo;
(b) has the right and the duty to control and direct the crew and the passengers to the full extent necessary to ensure order and safety;
(c) has the right, for good reason, to disembark any member of the crew, or passengers at an intermediate stop;
(d) has disciplinary power over members of the crew within the scope of their duties, in case of necessity, of which he shall be sole judge, he may assign temporarily any member of the crew to duties other than those for which he is engaged.
Article 3
(1) The aircraft Commander shall have the right, without special authority
(a) to buy any items necessary for the completion of the trip;
(b) to have any repairs made which are necessary to enable the aircraft to proceed promptly on its trip;
(c) to make any arrangements and to undertake any expenditure which may be necessary for securing the safety of the passengers and crew and the preservation of the cargo;
(d) to borrow the sums required for the accomplish-ment of the measures mentioned in paras. a), b) and c) of this article;
(e) to engage, for the duration of the trip, in replace-ment of members of the crew who cease to be available for any reason, such personnel as is essential for the completion of the trip.
Article 4
(1) The Commander may not, without special authority, sell the aircraft, or, by any contractual act, mortgage or subject it to any similar claim.
Article 5
(1) The beginning and the end of the period during which the Commander maintains disciplinary control over the crew may be fixed by the operator. In any case he is entitled to exercise such control as soon as the crew embarks. At all stopping places, including the end of the trip, he continues to be so entitled at least until the formalities of arrival are completed or until his command is taken over by another person.
(2) The powers of the Commander over the aircraft, the passengers and the cargo on board come into force as soon as the aircraft, with passengers and cargo, are handed over to him at the beginning of the trip. They expire at the end of the trip when the aircraft, the passengers and the cargo have been respectively handed over to the operator’s representative or other qualified authority.
Article 6
(1) In all countries and under all circumstances the Commander shall have the right of access to:
(a) the Consul of the nationality of any person on board;
(b) the Consul of the State in which the aircraft is registered;
(c) the Consuls of the States of either party to a charter of the aircraft, and of consignors of cargo.
(2) After hearing the Commander, the Consuls may take any necessary means which are in accordance with the laws and consular regulations of their respective States.
(3) If the Commander first refers to the Consul of a State other than the State in which the aircraft is registered, the Commander shall notify this action as soon as possible to the nearest Consul of the State in which the aircraft is registered.
Article 7
(1) Births and deaths occurring on board the aircraft shall be recorded in the Journey log-book by the Commander, who shall issue extracts to the parties interested. He shall as soon as possible transmit certified extracts to the competent authority of the State in which the aircraft is registered and to that of the place of first landing, if so requested by the local authorities.
Article 8
(1) The provisions of this Convention do not affect any international conventions or the laws or regulations of the Contracting States defining the conditions of qualifications required of an aircraft Commander.
Article 9
(1) This Convention shall be applied in the case of an aircraft performing an international flight provided that such aircraft is registered in one of the Contracting States, or is operated by a national of any such State.
Article 10
(1) This Convention does not apply to the Com-mander serving on board military, customs or police aircraft.
Article 11
(1) This Convention is drawn up in the English, French and Spanish languages (each of which shall be of equal authenticity) in a single copy in each language. These three copies shall remain deposited in the archives of the International Civil Aviation Organization. One duly certified copy of this Con-vention shall be sent by the Secretary-General of the International Civil Aviation Organization to the Government of each signatory State.
Article 12
(1) The Contracting States undertake to furnish the Secretary-General of the International Civil Avia-tion Organization with the laws and regulations enacted in pursuance of the provisions of this Convention as soon as they come into force. The Secretary-General shall send copies of these laws and regulations to all Contracting States.
Article 13
(1) This Convention shall be ratified. Instruments of ratification shall be deposited in the archives of the International Civil Aviation Organization, which will notify the deposit to the Governments of each of the signatory States.
(2) As soon as this Convention shall have been ratified by two of the signatory States, it shall come into force as between them on the ninetieth day after the deposit of the second ratification. Thereafter, it shall come into force between the States which have already ratified and any other State which deposits its instrument of ratification on the ninetieth day after such deposit.
(3) The International Civil Aviation Organization shall notify to the Governments of each of the Contracting States the date on which this Convention comes into force and the date of deposit of each ratification.
(4) This Convention, as soon as it comes into effect, shall be registered with the United Nations.
Article 14
(1) This Convention shall, after it has come into force, be open for adherence by any non-signatory State.
(2) Adherence shall be effected by a notification addressed to the International Civil Aviation Orga-nization, which will inform the Governments of each of the Contracting States.
(3) Adherence shall take effect from the ninetieth day after notification thereof to the International Civil Aviation Organization.
Article 15
(1) Any Contracting State may renounce this Con-vention by notification addressed to the International Civil Aviation Organization, which will at once inform the Governments of each of the Contracting States.
(2) Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the State which shall have denounced.
Article 16
(1) Any Signatory or Contracting State may, at the time of signature or the deposit of ratification or of adherence, declare that the acceptance which it gives to this Convention does not apply to all or any of its Colonies, Protectorates, Mandated Territories or any territory subject to its sovereignty or authority, or any territory under its suzerainty or trusteeship.
(2) Any Contracting State may subsequently adhere separately on behalf of all or any of its Colonies, Protectorates, Mandated Territories or any territory subject to its sovereignty or authority under its suzerainty or trusteeship which has been excluded as aforesaid by its original declaration.
(3) Any Contracting State may denounce this Convention, in accordance with its provisions, sepa-rately or for all or any of its Colonies, Protectorates, Mandated Territories or any territory subject to its sovereignty or authority, or any territory under its suzerainty or trusteeship.
Article 17
(1) Upon deposit of ratification or adherence, or at any time thereafter any Contracting State may declare that any territory subject to its sovereignty, protectorate, suzerainty, mandate, authority or trustee-ship is to be regarded as a separate Contracting State for the purpose of this Convention.
(2) The International Civil Organization shall notify to the Governments of each of the Contracting States every declaration made in pursuance of paragraph (1) of this Article, and the date of such declaration.
(3) Any declaration made as aforesaid shall become effective, in relation to the territory concerned, on the ninetieth day after the date of such declaration.
(4) Any such declaration may be rescinded by notification thereof to the International Civil Aviation Organization, which shall notify such rescission to the Governments of each of the Contracting States, and the date thereof. Such rescissions shall become effective on the ninetieth day after the date of rescission.
Article 18
Any difference between two or more Contracting States, relating to the interpretation or the application of this Convention, shall be settled, as provided by Chapter XVIII of the Convention on International Civil Aviation open for signature at Chicago on the 7th day of December, 1944.
This Convention shall remain open for signature until the ... day ... of ... One thousand nine hundred and ... DONE at ... the ... day of ... One thousand nine hundred and ...
IN WITNESS WHEREOF the undersigned pleni-potentiaries, duly authorized signed the Convention on behalf of their respective Governments.
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