BELGIUM

LAW OF JUNE 27, 1937, REVISING THE LAW OF NOVEMBER 16, 1919, CONCERNING REGULATION OF NAVIGATION IN THE AIR1

CHAPTER I-GENERAL PROVISIONS

Article 1. For the application of this law there shall be deemed to be:

Aircraft, all machines able to fly in the atmosphere by reaction of the air;

Aircraft of the State, military aircraft or those used in services of the State, such as police or customs;

Private aircraft, all aircraft other than aircraft of the State;

Operator of an aircraft, any person who has the power of disposition over [an aircraft] and who uses it on his own account; in the case where the name of the operator is not registered in the aviation register or on any other official document, the proprietor shall be presumed to be the operator unless there is proof to the contrary;

Captain, any person given that power by the operator or, in his absence, the first pilot;

Airdrome, either any center of air traffic, including the installations necessary for such traffic, or any land or water surface equipped, even though only temporarily, for the land and take-off of aircraft.

Except where otherwise provided, the provisions of this law shall apply only to private aircraft.

Article 2. Navigation of national aircraft over the territory of the Kingdom shall be free except for the restrictions imposed by this law and those imposed by royal decree.

For the application of this law, the territory of the Kingdom shall include the territorial waters adjacent to such territory.

Article 3. Navigation of foreign aircraft over the territory of the Kingdom shall be subject to authorization by the Minister charged with the administration of aviation.

Such authorization shall not be required for navigation by aircraft registered in States with which pertinent reciprocal agreements have

been concluded.

The flight of foreign military aircraft over the territory of the Kingdom shall be subject to authorization by the Minister of National Defense.

Article 4. The flight over all or part of the territory of the Kingdom may be prohibited by the King both to national and foreign aircraft. Article 5. There shall be issued by royal decree all regulations concerning air navigation and particularly those in regard to aircraft, flight personnel, air navigation and traffic, public property and services concerned with such traffic, regulatory fees, taxes, levies, or dues to which the use of such public property and services is subject.

1 Published in Moniteur belge, July 26, 27, 1937.

Article 6. Registration of an aircraft in conformity with the regulations issued in application of this law shall confer Belgian nationality [on such aircraft].

Article 7. Births or deaths that occur on board a Belgian aircraft in flight shall be deemed to occur on the territory of the Kingdom.

As soon as possible, and not later than within three days, a report shall be made and recorded in the log book by the aircraft captain, in the presence of two witnesses and, in case of a birth, if possible in the presence of the father of the child. Such record in the log book shall be signed by the captain, by the witnesses and, if possible, by the father of the child.

The captain shall transmit two true copies of the report thus recorded, signed and certified by his hand, at his first landing in the Kingdom or, as the case may be, in the Colony and territories under mandate of Belgium, to the nearest recording officer (officier de l'état civil); abroad, to the nearest Belgian diplomatic agent or career consular agent. One copy of such transmittal shall be recorded on the register of the recording officer or the diplomatic agent or career consular agent and the other shall be sent by them to the Minister charged with the administration of aviation, who shall forward it for recording in the registers, depending on the situation, either to the recording officer of the domicile of the father of the child or of his mother if the father is unknown, or to the recording officer of the domicile of the deceased.

In the case of the disappearance during a flight of a person aboard a Belgian aircraft, the captain shall record in the log book a report containing all facts known to him about the identity of the disappeared person, the place, date and hour of his departure [on the aircraft] and of his disappearance, his probable destination, the route followed by the aircraft, the circumstances of the disappearance or its discovery. If possible, the original report shall be drawn up in the presence of two persons on board and shall be signed by them and by the captain; the latter shall make two true copies thereof signed and certified by his hand. At the first landing in the Kingdom such copies shall be deposited with the aviation authority or, in its absence, with the nearest judicial authority. Such [authority] shall, without delay, transmit one such copy to the King's attorney [procureur du Roij and the other to the Minister charged with the administration of aviation. The latter shall transmit an identical certified copy to the King's attorney of the domicile of the disappeared person and, in the case of a foreigner, to the consular authority of his country.

When the first landing after discovery of the disappearance takes place in the colony or the territories under mandate of Belgium, the two identical certified copies shall be deposited with the nearest territorial authority and, using therefor the safest and fastest means, transmitted by the latter to the provincial commissioner who shall immediately send them to the Governor General; one such copy shall be sent to the Minister charged with the administration of aviation in the Kingdom and the other shall be deposited in the archives of the government general of the Congo.

When the first landing after discovery of the disappearance takes place abroad, the two certified copies shall, by the safest and fastest

means, be transmitted to the nearest Belgian diplomatic or career consular agent who, after notifying the judicial authorities of the country to which he is accredited, shall immediately send one of these copies to the Minister charged with the administration of aviation or, if the disappeared person is a foreigner, to the consular authorities of the country of which the disappeared person was a national, and the other copy shall remain in the archives of the diplomatic or consular post.

In addition, an inventory shall be made and signed by the captain and the witnesses of the property left in the aircraft by the deceased or disappeared person. This inventory shall be attached to the log book and a copy thereof shall be attached to the report sent to the authorities that have jurisdiction [over the matter].

The captain shall be the depository of the property left in the aircraft and ensure its preservation until he is officially relieved.

Article 8. All legal provisions concerning import, export and transit shipments of goods by land and water shall apply to entering, leaving and transit by air. Specially adapted air traffic regulations may be issued by royal decree.

Aircraft used for a temporary stay on the territory of the Kingdom may be admitted on a temporary duty-free license while conditions thereof are being determined by the Minister of Finance. The latter shall also determine the conditions under which aircraft used for trips abroad may be re-imported free of duty.

Article 9. When a route is prescribed for aircraft flying over the territory of the Kingdom without a planned landing, such aircraft must follow the prescribed route and, if they are under such an obligation, make themselves known by signals when passing over points designated for that purpose. If they receive the order, they must land on the nearest customs airport.

Article 10. Legal relationships existing between persons aboard an aircraft in flight shall be deemed to have arisen on the territory of the country whose nationality the aircraft has, unless the persons concerned have agreed to apply a specific law.

When the Belgian courts have jurisdiction, the court of the place of landing shall have venue.

CHAPTER II—CRIMINAL PROVISIONS

Article 11. There shall be punished by imprisonment of from one day to seven days and by a fine of from ten francs to twenty-five francs or by only one of these penalties:

1. Any captain who undertakes a flight without having aboard the documents prescribed by the regulations;

2. Any captain who violates the regulations concerning the keeping of flight or other documents concerning the aircraft;

3. Any operator of an aircraft who, upon request by the competent authorities, does not produce the flight papers and documents concerning the engines and equipment of an aircraft during the period of time prescribed for the preservation of such documents.

Article 12. There shall be punished by the penalties provided for in the preceding article any person who, in violation of the regulations, or of the orders or instructions lawfully given by the competent offi

cials, transports on board an aircraft photographic or motion picture equipment or makes use of such equipment.

Article 13. There shall be punished by imprisonment of from one day to seven days and by a fine of from ten francs to twenty-five francs, or by only one of these penalties, any person who enters or moves about on an airdrome or an area of an airdrome not open to the public, or who, without authorization, uses an airdrome for purposes for which it is not intended.

The imprisonment shall be from eight days to one year, and the fine from twenty-six francs to one thousand francs when the act is committed by breaking and entering, or by means of a false key, or during the night, or with fraudulent intent, or an intent to do harm, or by means of violence or threats.

Article 14. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties:

1. Any captain who lands on, or takes off from an airdrome without prior authorization from the competent authority;

2. Any captain who undertakes a flight with an aircraft that is not registered or does not have either a license or a certificate of airworthiness, or whose license or certificate of air-worthiness has expired;

3. Any captain who, without obtaining the necessary authorizations, uses an aircraft for commercial transportation of persons or goods, or for aerial work such as instruction, photography, publicity or advertising.

If there was a passenger on board, the maximum imprisonment shall be raised to three years and the maximum fine to five thousand francs. There shall always be a prison sentence.

There shall be punished by the same penalties any operator who knowingly permits such take-off or landing.

Article 15. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties, any captain or operator of an aircraft who fraudulently destroys the flight logs or documents, or any other document concerning an aircraft before the expiration of the validity of the documents or of the period during which they must be preserved.

Article 16. There shall be punished by imprisonment of from eight days to one month and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties, any captain of an aircraft in flight that does not bear the distinctive marks assigned to it.

If such act is unintentional, there shall be only a fine.

There shall be punished by imprisonment of from three months to five years, and by a fine of from one hundred francs to five thousand francs, any captain who knowingly alters or disguises the distinctive marks assigned to an aircraft or who uses an aircraft whose distinctive marks have been altered or disguised.

There shall be punished by the same penalties any operator of an aircraft who knowingly permits such take-off.

Article 17. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties, any person who pilots an aircraft without possessing the warrants and licenses of qualification required by the laws and regulations.

Imprisonment shall be not less than fifteen days and the fine not less than three hundred francs if, at the time when the unlawful act was committed, there was a passenger aboard the aircraft.

There shall be punished by the same penalties, any person who, in whatever manner, aids or abets the unlawful act specified in the preceding paragraphs.

Article 18. There shall be punished by a fine of from twenty-six francs to one thousand francs, and by imprisonment of from eight days to five years, any person who, without authorization from the operator, uses an aircraft or attempts to use it.

Article 19. There shall be punished by imprisonment of from fifteen days to one year and by a fine of from one hundred francs to one thousand francs, or by only one of these penalties, any captain who pilots an aircraft despite the withdrawal of his license.

Imprisonment shall be not less than three months and the fine not less than one thousand francs, if, at the time when the unlawful act was committed, there was a passenger aboard. There shall always be a prison sentence.

Article 20. There shall be punished by imprisonment of from eight days to three years and by a fine of from twenty-six francs to three thousand francs, or by only one of these penalties, any captain who violates the provisions of the decrees issued in application of Article 4 of this law.

In the case of escape or refusal to land, he shall be sentenced to imprisonment of from six months to five years and to a fine of from one thousand francs to five thousand francs.

Any captain who violates the provisions of this article shall land on the nearest Belgian customs airport or on such airport as may be indicated to him.

If he has noticed that he is over a prohibited area, he shall give a distress signal and shall land forthwith.

If he has not noticed it, he shall land as soon as he is asked to do so. Article 21. There shall be punished by imprisonment of from eight days to one year and by a fine of from one hundred francs to one thousand francs, or by only one of these penalties, any captain who violates the regulations concerning lights and signals or the navigation of aircraft.

Article 22. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties, any captain who loads or unloads passengers or goods in violation of any regulations.

Article 23. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties, any captain who flies over an inhabited area or any other place populated at the time of the flight, such as a beach, race course, or stadium, at an altitude which is less than that prescribed in the regulations.

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