Civil Aviation Act · 2024 Revised Edition · Part · Liability and Insurance
44. Liability of aircraft operators to third parties
Official textFrom Attorney General's Chambers, unchanged
Any operator of an aircraft in flight is liable for damages caused by that aircraft or the operation thereof, or caused by any person or object aboard that aircraft or attached to that aircraft, or a person or object falling from that aircraft, which results in the death of or personal injury to, or damage to the property of, a third party.
aircraft
“aircraft” means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;
Where the aircraft concerned has been bona fide demised, let or hired out for any period to any other person by the owner thereof, and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this Act shall have effect as if references to the operator were substituted by references to the person to whom that aircraft has been so demised, let or hired out.
owner
“owner” means, in relation to an aircraft or aerodrome, the person in whose name the aircraft or aerodrome is registered, and includes any person who is or has been acting as agent in Brunei Darussalam for a foreign owner, and any person by whom the aircraft or aerodrome is hired at the time;
Terms defined in s 2
aircraft
Defined · s 2“aircraft” means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;
commander
Defined · s 2“commander” means the pilot-in-command responsible for the safe operation of an aircraft and the safety of its occupants while the aircraft is in flight;
in flight
Defined · s 2“in flight” means — (a) in the case of a piloted aircraft, from the moment when, after the crew has embarked in order to take-off, it first moves under its own power until the moment when it next comes to rest after landing; (b) in the case of a pilotless aircraft (including a glider), from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing; (c) in the case of an airship or free balloon, from the moment when it becomes detached from the surface until the moment when it becomes attached thereto or comes to rest;
owner
Defined · s 2“owner” means, in relation to an aircraft or aerodrome, the person in whose name the aircraft or aerodrome is registered, and includes any person who is or has been acting as agent in Brunei Darussalam for a foreign owner, and any person by whom the aircraft or aerodrome is hired at the time;
Part
Security of Civil Aviation
Part