International Air Transport Association

OST-2005-22744

October 17, 2005

Application for Approval of Agreements - Bookmarked

MAIL VOTE NUMBER S 083 RP 724c Notice of Liability Limitations Neutral Air Carrier Liability for Passengers and their Baggage EC Regulation 889/2002. Intended effective date: 1 November 2005.

By: IATA, Douglas Lavin

OST-2005-22617
OST-2005-22744

October 21, 2005

Answer of International Air Transport Association

IATA, the International Air Transport Association, is pleased to have an opportunity to respond to the proposal set forth in Docket OST-2005-22617 that the Department consider revising and updating its regulations that pertain to consumer notices for passengers.

IATA has itself been working to update passenger notices, and on October 17, 2005 filed an Application in Docket OST-2005 -22744 requesting approval of liability notices designed to describe, for use with IATA "neutral ticket stock, the regimes of both the Montreal Convention and the Warsaw system.

IATA therefore supports the request by the ATA carriers that the Department initiate a rulemaking to review and update Part 203 of the Department's regulations. Furthermore, IATA suggests that the Department also consider revising related portions of Part 221, including §221.105 (former §221.175).

By initiating a rulemaking to review and revise consumer notices the Department can advance consumer interests by rationalizing, updating and coordinating air transportation notices. IATA therefore urges the Department to undertake such a review and revision, and looks forward to participating in the process.

Counsel: IATA, Douglas Lavin, 202-293-9292, lavind@iata.org

Order 2006-6-5
OST-2005-22744

Issued June 6, 2006 | Served June 9, 2006

Order

The proposed Notice establishes a neutral ticket notice designed for worldwide use that reflects carrier liability limitations for passenger deaths and injuries, and for baggage, under the Montreal Convention which came into effect November 4, 2003. It also contains a Notice of limitations applicable under the 1929 Warsaw Convention, and the Warsaw Convention as amended by the 1955 Hague Protocol. Further notice is given that European Community regulations require application of the Montreal Convention limits by EC carriers with respect to all carriage of passengers and baggage by air, and that many non-EC carriers have similarly elected to do so. Notice is further given that many carriers have voluntarily waived in their entirety the 1929 Warsaw and 1955 Hague limits for passenger injuries or death. and that, if either of these conventions applies, U.S. regulations require that, for journeys to, from or with an agreed stopping place in the United States, the limit for passenger injuries or death may not be less than $75,000.

By: Michael Reynolds