The Civil Aviation (Insurance) Regulations 2005

UK Statutory Instrument 2005 No. 1089 — creates 8 criminal offences.

8offences created

0recorded in force

0revoked

Made: 2 April 2005
In force from: 30 April 2005
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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.

Offences created by this instrument

Prevention of take off regulation 10(2) · Status not determined · Strict liability
Obstruction of officers of the competent authority regulation 11 · Status not determined · Requires proof of a state of mind
Penalties regulation 12(5) · Status not determined · Strict liability
Subject to paragraph (2) an air carrier or aircraft operator shall be guilty of an offence if he fails to comply with… regulation 4(1) · Status not determined · Strict liability
Provision of information regulation 6(2) · Status not determined · Strict liability
Provision of information regulation 6(2)(b) · Status not determined · Strict liability
Provision of information regulation 8(2) · Status not determined · Strict liability
Provision of false information regulation 9 · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018 Commons · General Committees · 17 October 2018 · The Parliamentary Under-Secretary of State for Transport (Jesse Norman)
I beg to move, That the Committee has considered the draft Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018. It is a pleasure to serve under your chairmanship, Mr Stringer. Following the UK’s decision to leave the European Union in the 2016 referendum, the Government have been working to develop a positive future relationship with the EU. As part of that, the Department for Transport has undertaken a significant amount of work with respect to the withdrawal negotiations themselves and to prepare for the range of potential outcomes from those negotiations. The best outcome is…
Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018 Lords · Grand Committee · 24 October 2018 · The Parliamentary Under-Secretary of State, Department for Transport (Baroness Sugg) (Con)
My Lords, these draft regulations will be made under the powers conferred by the European Union (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union next March without a deal. The regulations amend EU regulation 785/2004, which sets out insurance requirements for air carriers and aircraft operators, and the domestic legislation made to implement this regulation. EU regulation 785/2004 requires air carriers and aircraft operators to be insured in respect of passengers, baggage, cargo and third parties and against other risks such as acts of war, terrorism, hijacking,…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2005