TITLE V- -FLIGHT PERSONNEL Article 71. The members of the flight crew and the persons required to participate in the operation of the aircraft shall have a certificate of fitness in the form to be established by the competent authority. Article 72. Any aircraft engaged as a carrier shall have on board one person to function as commander. Article 73. The appointment of the commander shall be the concern. of the operator of the aircraft and he shall act as representative of the owner. Article 74. The name and special powers of the commander shall be recorded in the board papers. Article 75. The competent authority shall determine the composition of the flight crew of aircraft which engages in transportation service. Article 76. The commander of an aircraft shall have disciplinary powers over the flight crew insofar as this is indispensable for the operation of the aircraft and shall have authority over passengers during the flight. He shall look out for their safety and he may not absent himself from the aircraft without taking measures necessary to insure its safety. Article 77. In the event of danger, it shall be incumbent upon the commander of the aircraft to remain at his post until he has taken proper measures to save the passengers, the crew, and the property on board and to prevent damage on the ground. Article 78. Without special authorization, the commander of an aircraft shall be empowered to make purchases and incur expenses necessary for the trip and to protect baggage, goods and mail which are being transported. Article 79. The commander of an aircraft shall be under a duty to assure himself of the proper operation of the aircraft before departure and of weather conditions en route, and it shall be his responsibility to decide whether the flight should be suspended. Article 80. The commander of an aircraft shall record in the proper books any births, deaths, marriages or last wills that may take place or be performed or executed on board and he shall forward a true copy thereof to the proper authorities. In the event of the death of a passenger or a member of the crew, he shall take the necessary steps to insure the safety of property belonging to the deceased, delivering it with an inventory to the Argentine consul or, if there is none, to the representative of the owner at the place of first landing. Article 81. In the event that he considers it unavoidable for the safety of the aircraft, and subject to the provisions of Article 10, the commander of aircraft may jettison goods and baggage during flight. If a choice is possible to him, he shall jettison things of lesser value. Article 82. Certification or validation of credentials issued by a foreign government shall be governed by the agreements with respect to the subject matter entered into between that government and the Government of Argentina. If there are no agreements, the credentials may be validated or certified under the conditions that may be established by the competent authority, provided there is reciprocity. Article 83. All matters pertaining to employment contracts and to compensation for accidents shall be treated in special laws. Article 84. At every airport open to public use there shall be a supervisor who exercises overall authority on the airport with respect to its operation, coordination, and internal control. To act as airport supervisor such person shall have the proper certification issued to him by the competent authority. Article 85. At airports reserved for private use there shall be one person in charge; this function may be exercised by the owner of the airfield or by a person designated by him. He shall inform the competent authority of the name and the address of the person in charge and the date of his appointment. Article 86. The competent authority shall promulgate rules defining the powers and the duties of the airport supervisor, of the person in charge of an airport and of other personnel employed thereon. Article 87. The services of flight control, radio communications, weather, health, customs, immigration, security and judicial police and any other service, as well as their respective personnel, shall remain subject to the control of the agencies in charge of such services as to their technical operations. Article 88. The Executive may completely or partially centralize the services and may devise methods for achieving maximum coordination of, and cooperation from, the agencies which render these services. TITLE VI-FLIGHT OPERATIONS Chapter I-Documents Pertaining to National Aircraft Article 89. No Argentine aircraft may fly over the national territory without the certificates of registration and of airworthiness issued by the competent authority. Article 90. Aircraft must carry board papers as required by the competent authority in the manner specified by it, and record in them the documents and contracts mentioned in paragraphs 1, 2, & 5 of Article 38. Article 91. Aircraft engaged in passenger service must be readied for flight by qualified personnel. A certificate reflecting such qualifications filed in the manner set forth in the pertinent regulations must be made a part of the board papers. No aircraft may depart on a flight without the commander filing his flight plan in accordance with the manner set forth in regulations promulgated by the competent authority. Chapter II-Documents Pertaining to Foreign Aircraft Article 92. In order to fly over and land on Argentine territory, foreign aircraft must have certificates of registration and airworthiness, board papers, and a license for the radio equipment, respectively. Article 93. Aircraft of foreign states must abide by the agreements entered into with respect to these matters between those states and the Government of Argentina. TITLE VII-AIR TRANSPORTATION Chapter I-Air Transportation in General Article 94. Air transportation of passengers and goods shall be subject to the provisions of this Code and of the Commercial Code and the special laws relating to transportation, insofar as they are applicable and are not in conflict with the provisions of this Code. Article 95. A permit to operate air lines carries with it the right to do so in combination with other established lines or other means of transportation. Agreements and contracts of combinations of air lines or other means of transportation shall be subject to the approval of the Executive. Chapter II-International Air Transportation Article 96. Transportation by aircraft between the republic of Argentina and a foreign state or between points in the republic of Argentina with intermediate landings in a foreign state shall be considered international air transportation. Article 97. For purposes of the immigration laws, passengers on aircraft shall be deemed on a par with passengers on a sea vessel. The competent authority shall make regulations and establish the procedure to be followed respecting passengers, their baggage and goods that cross the border on aircraft. TITLE VIII-OPERATION OF AIR SERVICES Chapter I-Scheduled Air Transportation Services Article 98. The establishment and operation of scheduled air transportation services, either domestic or international, shall be exclusively in the hands of the State, which may make partial use of privately owned facilities as the Executive may deem convenient. Article 99. Foreign aircraft may carry on international air transportation services in accordance with the terms of international conventions or agreements to which Argentina is a party or with prior authorization from the Executive. Article 100. Foreign aircraft shall not be permitted to take on passengers, mail, or freight in the republic of Argentina for transportation to another point in the country unless the Executive, for exceptional reasons of public interest, deems it necessary or urgent to authorize such services by said aircraft. Such permit shall be subject to being withdrawn at will. Chapter II-Unscheduled Air Transportation Service Article 101. Unscheduled air transportation service between two or more points within the territory of Argentina and all paid air work carried out completely within the country may only be undertaken by Argentine aircraft. Article 102. Prior authorization by the Executive shall be required for rendering such services, and the Executive may delegate this power to the competent authority. Article 103. No permit of any kind may be granted without a prior proof of the technical and financial qualifications of the operator and of his ability to make proper use of the airports, supporting facilities and flight services that are intended to be used. Article 104. The recipient of a permit may not transfer it. He may transfer performance of the services which he is authorized to render only if, in the judgment of the competent authority, they are performed in a proper manner and after there has been proof of the technical and financial qualifications of the transferee. Article 105. The Executive may subsidize the establishment and the operation of the services mentioned in Article 101. Chapter III-Transportation of Passengers Article 106. A contract for the transportation of passengers shall be evidenced in writing. In cases of transportation of passengers by a scheduled air carrier the contract is to be evidenced by the issuance of a ticket. Article 107. Such ticket shall state: 1. the order number; 2. the place and date of issuance; 3. the point of departure and destination; 4. the name and address of the carrier. Article 108. The absence, irregularity, or loss of the ticket shall not affect the existence or validity of the carriage contract, which shall be subject to the provisions of this Code. But if the carrier accepts the passenger without issuing a ticket, he shall not be entitled to rely on any provisions which exclude or limit his liability. Article 109. In any aircraft engaged in the transportation of passengers, a list of the passengers shall be kept in duplicate, one copy to be kept on board and the other to be submitted upon request to the employees of the State whose duty it is to inspect air traffic. Article 110. A carrier may not take on passengers for flights to foreign countries without prior proof that they have the papers necessary to disembark at the point of destination. Article 111. National air carriers shall be under a duty to carry on their aircraft free of charge an agent of the aeronautics authority who is travelling on an official inspection assignment. His seat shall be reserved at least 24 hours prior to departure time. Foreign air carriers shall be under the same duty with respect to flights within the national territory. The competent authority shall determine the type of aircraft in which, according to their official capacity, such personnel may fly. Chapter IV-Transportation of Baggage Article 112. The transportation of baggage which has been checked shall be evidenced by a baggage check issued in duplicate. It shall not include personal articles which the passenger carries with him. One copy of the baggage check shall be handed to the passenger and the other shall be kept by the carrier. Article 113. The baggage check shall state: a) the place and date of issuance; b) the place of departure and destination; e) the weight and number of the pieces; g) a statement to the effect that delivery will be made to the holder of the baggage check. Article 114. If the carrier accepts the baggage without giving a baggage check, or if the baggage check lacks the number of the ticket and the weight and number of the pieces of baggage, the carrier shall not be entitled to rely on the provisions of the present Code excluding or limiting his liability, without thereby affecting the validity of the contract. Chapter V-Transportation of Goods Article 115. The legal designation of the contract between the shipper and the carrier shall be "bill of lading" [carta de porte]. It must state that it deals with air transportation. Article 116. The bill of lading shall be made out in triplicate, one copy for the carrier, with the signature of the shipper; another for the consignee with the signature of the carrier and the shipper; and the third for the shipper with the signature of the carrier. Article 117. The bill of lading shall state, in addition, to any other information which the competent authority may require: a) the place and date of issuance; b) the place of departure and destination; d) the name and address of the carrier; e) the name and address of the consignee, if any; f) the type of packaging, marking, and numbering of the packages; g) the weight and size of the shipments or packages; h) the external condition of the merchandise and the packaging; i) the cost of shipping, if this has been established; j) the price of the goods and expenses, if the shipment is being made cash on delivery; k) the amount of the declared value, if any; 1) the number of copies of the bill of lading; m) the documents delivered to the carrier with the bill of lading; n) the time for transporting and statement as to the route, if agreed to. Article 118. If the carrier accepts the goods without a bill of lading having issued, or if it should fail to contain the information indicated by items a) through g) of the preceding article, the carrier shall not be entitled to take advantage of the provisions excluding or limiting his liability, without thereby affecting the validity of the contract. Article 119. Unless proved otherwise, the bill of lading shall be evidence of the execution of the contract, of the receipt of the merchandise by the carrier, and of the conditions of carriage. Article 120. The bill of lading may be issued to bearer, to order or by name, and may be transferred in the manner and with the consequences set forth in the Commercial Code for instruments made out to bearer, to order or by name. Chapter VI-Transportation of Mail Article 121. The establishment and operation of the air mail service shall be in the care of and under the direction and control of the respective ministries. |