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CHAPTER XXII

DEFINITIONS

Article 96

For the purpose of this Convention the expression:

(a) “Air service” means any scheduled air service performed by aircraft for the public transport of passengers, mail or cargo.

(b) “International air service” means an air service which passes through the air space over the territory of more than one State.

(c) “Airline” means any air transport enterprise offering or operating an international air service.

(d) “Stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, cargo or mail.

SIGNATURE OF CONVENTION

IN WITNESS WHEREOF, the undersigned plenipotentiaries, having been duly authorized, sign this Convention on behalf of their respective governments on the dates appearing opposite their signatures.

DONE at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or adhere to this Convention.

This document was opened for signature at Chicago on December 7, 1944, was ratified by the United States on August 9, 1946, and, by August 13, 1947, had been ratified by representatives of the following countries : Afghanistan France

Philippines
Argentina
Greece

Poland
Australia
Guatamala

Portugal
Belgium
Iceland

Siam (Thai Minister)
Bolivia
India

Spain
Brazil
Iraq

Sweden
Canada
Ireland

Switzerland
Chile
Liberia

Transjordania
Obina
Mexico

Turkey
Czechoslovakia
Netherlands

Union of South Africa
Denmark
New Zealand

United Kingdom Dominican Republic Nicaragua

United Sta of America Egypt Norway

Venezuela El Salvador

Paraguay Ethiopia

Peru

LIST OF COURT DECISIONS INTERPRETING THE

CIVIL AERONAUTICS ACT OF 1938

Adler v. Chicago & Southern Air Lines, 41 F. Supp. 366 (D. C. Mo.

1941). (“Primary jurisdiction” doctrine as applied to matter within scope of Civil Aeronautics Board.) Alaskan Air Transport Inc. v. Alaskan Airplane Charter Co., 72 F.

Supp. 609 (D. Č. Alaska, 1947); 2 Avi. 14,448. (An air carrier operating without the certificate required by Sec. 401 (a) of the Civil Aeronautics Act may be enjoined from operations on petition of a certificated air carrier.) Alexander v. Civil Aeronautics Board, U. S. D. C. E. D. N. Y. 1947;

2 Avi. 14,481. (A. U. S. district court does not have jurisdiction to review an order of the Civil Aeronautics Board in a proceeding for an injunction to prevent a Board order taking effect (Sec. 1006 (a) Civil Aeronautics Act).) Antonek v. Chamberlain, Ohio Ct. of Appeals (1947), 2 Avi. 14,500.

(Interpretation of “navigable air space” of Sec. 3 of the Civil Aeronautics Act, as applied to property adjacent to an airport.) Aviation Credit Corp. v. Gardner & McClure, 22 N. Y. S. (2d) 37

(Sup. Ct. N. Y., 1940). (Chattel mortgage requirements for aircraft used only in intrastate commerce.) Blue Bird Air Service v. City of Chicago, 376 Ill. 272, 33 N. E. (2d)

456 (1941). (Sect. 302 of Civil Aeronautics Act with regard to granting exclusive rights to use an airport for air sightseeing.) Braniff Airways v. Civil Aeronautics Board, 147 F. (20) 152 (App.

D. C. 1941). (Judicial review and right to rehearing before Board under Sec. 1006 of Civil Aeronautics Act.) Brown v. Civil Aeronautics Authority, 112 F. (2d) 737 (C. C. A. 9,

1940); Supplemental opinion, 119 T. (2d) 172. (Requirement for reexamination as condition precedent to reinstatement of suspended pilot's certificate upheld.) Cameron v. Civil Aeronautics Board, 140 F. (2d) 482 (C. C. A. 7th,

1944) cert. den. 323 U. S. 716, 65' S. Ct. 81, 89 L. Ed. 647. (Findings of the Board supported by substantial evidence upheld.) Civil Aeronautics Board v. Canadian Colonial Airlines, 41 F. Supp.

1006 (S. D. N. Y., 1941) (Right of Board to inspect carrier's records.) Civil Aeronautics Board v. Waterman Steamship Corp., 333 U. S. 103,

68 Sup. Ct. 431 (1948). (Granting certificate for foreign air transportation is not subject to review by courts either before or after the President has approved such certificate where the proceedings are not challenged as to regularity.) Civil Aeronautics Board v. Winged Cargo Inc., U. S. D. C. E. D. Pa.

1947; 2 Avi. 14,499. (Operations as an air carrier without certificate of convenience and necessity or other authorization by the Board are subject to injunction to prevent such operations.) Flying Tiger Line, Inc.,

et. al. v. The Atchison, Topeka and Sante Fe Ry. Co. et al., U.S. D. C. So. D. Cal., Case No. 7788. P. H. Civil,

Dec. 29, 1947. (An air carrier of property only under a Letter of Registration issued by the Civil Aeronautics Board is a party in interest under Sec. 607 of the Civil Aeronautics Act to bring action against another air carrier acting without authorization from the Board.) Grace & Co. v. Civil Aeronautics Board, 154 F. (20) 271 (C. C. A. 2d.

1946). (Power of Board to decide questions regarding control of a certificated air carrier by parent corporations.) Hawaiian Airlines, Ltd. v. Trans-Pacific Airlines, Ltd., 73 F. Supp.

68 (1947); 2 Avi. 14,462. (A certificated air carrier may take either action before the Civil Aeronautics Board or action before a court to prevent scheduled air carrier operations by a noncertificated airline.) In re Veterans Air Express Co., Inc., 76 F. Supp. 684 (D. C. N. J.,

1948). (The prior lien of a Federal Government agency (RFC) on an aircraft recorded in accordance with Sec. 503 of the Civil Aeronautics Act takes precedence over a later possessory mechanics lien established by state law.) Jones v. Northwest Airlines, 22 Wash. (2d) 863, 157 P. (2d) 728 (1945).

(Purchaser of airline ticket subject to carriers’tariff regulations.) Noakes, Executrix v. Imperial Airways, Ltd., 29 F. Supp. 412 (S. D.

N. Y. 1939). (Seaplane is not a vessel within the meaning of the statute limiting liability of vessel owners.) O'Carroll v.Civil Aeronautics Board, 144 F. (2d) 993 (App. D. C. 1944).

(Testimony of trial examiner on rehearing before Board.) Pacific Overseas Airlines v. Civil Aeronautics Board, 161 F. (20) 633

(App. D. C., 1946). (Right to reopen hearing on overseas or foreign air transportation after approval of certificate by President.)

Pacific Northern Airlines, Inc., v. Alaskan Airlines, Inc., U. S. D. C.

Terr. of Alaska, Case No. A4786, Aug. 7, 1948, 2 Avi. 14,711. (The words “other special service” as used in Sec. 401 (f) of the Civil Aeronautics Act cover both private and common carriage.) Pan American Airways Co. v. Civil Aeronautics Board, 121 F. 2d 810,

(C. C. A. 2d, 1941). (Power of President under Sec. 801 of the Civil Aeronautics Act.) Rosenhan v. U. S., 131 F. (20) 932 (C. C. A. 10th, 1942).

(Power of Congress to deny use by intrastate aircraft of civil airways without Federal Civil Aeronautics certificate.) Salem Air Service, Inc. v. Devaney, et al., Oregon Cir. Ct. March, 1947;

2 Avi. 14,432. (Compliance with the Civil Aeronautics Act as to registration of an aircraft exempts the owner from a requirement of state registration.) Trans-Pacific Airlines, Ltd. v. Inter-Island Steam Navigation Co.,

Ltd., 75 F. Supp. 690 (D. C. Hawaii, 1948). (Interpretation of "party in interest” of Sec. 1007 (a).) Action of an irregular air carrier operating under Economic Regulation 292.1 against a competing carrier for violation of the Civil Aeronautics Act must be taken by petition to the Board rather than by court proceedings.) United Air Lines, Inc. v. Civil Aeronautics Board, 155 F. (20) 169

(App. D. C., 1946). (Grant of a certificate of public convenience and necessity to maintain competitive position of airline upheld.) U.S.v. Causby,328 U. S. 256, 66 S. Ct. 1062 (1946).

(Interpretation of “navigable air space” of Sec. 3, Civil Aeronautics Act.) U.S. v. Drumm, 55 F. Supp., 151 (D. C. Nev., 1944).

(Board's determination that any operation of aircraft in the airspace may endanger safety in interstate commerce upheld and Civil Air Regulation requiring pilot certificate and airworthiness certificate for local noncommercial flights sustained.) U.S.v. Northwest Airlines, 69 F. Supp. 482 (D. C. Minn. 1946).

(Civil Air Regulations take precedence over airline companies' regulations.) U.S. Lines Co. v. Civil Aeronautics Board, 165 F. (20) 849 (C. C. A. 2,

1948). (An agreement between a steamship line and an air carrier is a matter of jurisdiction of the Board under Sec. 412 (a) and (b) of the Civil Aeronautics Act and in absence of a showing of arbitrary exercise of discretion a decision on the matter by the Board will not be disturbed by a court.)

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