Civil Aviation Act 1969 [Act 3]

Part V   cite [+]


19 Trespass, nuisance and responsibility for damage   cite [+]

(1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground, which, having regard to wind, weather, and all the circumstances of the case, is reasonable, or the ordinary incidents of such flight, so long as this Act and any subsidiary legislation made under this Act are duly complied with; but where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by any article falling from any such aircraft, to any person or property on land or water, damages shall be recoverable from the owner of the aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his wilful act, neglect or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the same was suffered:

Provided that where material damage or loss is caused as aforesaid in circumstances in which-

(a) damages are recoverable from the owner in respect of such damage or loss by virtue only of the preceding provisions of this section; and

(b) a legal liability is created in some person other than the owner to pay damages in respect of such damage or loss,

the owner shall be entitled to be indemnified by that other person against any claim in respect of the damage or loss.

(2) Where any aircraft has been bona fide demised, let or hired out for a period exceeding fourteen days to any other person by the owner of it, and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out.

20 Nuisance caused by aircraft on aerodromes   cite [+]

(1) Regulations made under section 3 may provide for regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes and may provide that subsection (2) shall apply to any aerodrome concerning which provision as to noise and vibration caused by aircraft is so made.

(2) No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which this subsection applies by virtue of regulations under section 3, so long as any such regulations are duly complied with.

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