Trespass, nuisance and responsibility for damage
(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.
Nuisance caused by aircraft on aerodromes
(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.
P ART VI
DETENTION OF AIRCRAFT
Exemption of aircraft and parts thereof from seizure on patent claims
(1) Any lawful entry into Malaysia or any lawful transit across Malaysia, with or without landings, of an aircraft to which this section applies shall not entail any seizure or detention of the aircraft or any proceedings being brought against the owner or operator of it any other interference with it by or on behalf of any person in Malaysia on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model.
(2) The importation into, and storage in, Malaysia of spare parts and spare equipment for an aircraft to which this section applies and the use and installation of it in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Malaysia on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model:
Provided that this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Malaysia or are exported from Malaysia for sale or distribution.
(3) This section shall apply to an aircraft, other than an aircraft used in military, customs or police service, registered in any country or territory in the case of which there is for the time being in force a declaration, made by the Minister and published in the Gazette, with a view to the fulfilment of the Chicago Convention to which this section relates, that the benefits of those provisions apply to that country or territory, and to such other aircraft as the Minister may specify in any such declaration.
Detention of aircraft
Any regulations made under this Act may provide for the detention of aircraft to secure compliance with this Act or any such regulations and may make such further provisions as appears to the Minister to be necessary or expedient for securing such detention.
P ART VII
WRECK AND SALVAGE
Wreck and salvage
(1) Any services rendered in assisting or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and, where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel.
(2) Subsection (1) shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of Malaysia.
(3) The provisions relating to vessels in distress (except in respect of examination of ships in distress) and provisions relating to dealing with wrecks, unclaimed wrecks, removal of wrecks, offences in respect of wrecks, collisions, salvage procedure, jurisdiction of the High Courts in salvage and Receivers of wrecks contained in the law for the time being in force relating to merchant shipping shall apply in relation to a i r c r a f t s a s t h o s e p r o v i s i o n s a p p l y t o s hi ps , w i t h s uc h modifications as may be necessary and in particular with the following exceptions, adaptations and modifications:
(a) the word “vessel” and “ship” shall respectively include aircraft;
(b) the expression “wreck” shall include any aircraft or any part of it found derelict in or upon the seas
surrounding Malaysia or the tidal waters thereof or any ports or harbours thereof or upon or near the shores of the said seas and waters or found or taken possession of outside Malaysia and the said seas and tidal waters and subsequently brought within those limits;
(c) the word “master” shall include the commander or other person in charge of an aircraft;
(d) the word “shipwrecked” shall include aircraft wrecked.
P ART VIII
RESTRICTION ON CLAIMS FOR DAMAGES AND COMPENSATION
Restriction on claims for damages and compensation
(1) No damages or compensation in respect of any subsidiary legislation under this Act, or of any act done under this Act or such subsidiary legislation, shall be recoverable—
(a) save under and in accordance with the relevant provisions of this Act and of any subsidiary legislation made hereunder; and
(b) unless the claim is made within three months of happening of the event which gave rise to the claim or within such further time as the Minister may, in any case or class of cases, allow.
(2) This section shall not apply to any claims made under or any actions brought in pursuance of section 19.
P ART VIII A
LICENCE TO PROVIDE AIRPORT AND AVIATION SERVICES
Power of Minister to grant a licence to provide airport and aviation services
(1) The Minister may grant a licence to a company nominated by the Government of Malaysia under this section to
carry out any function of the Department of Civil Aviation, or to provide any services, within an airport or otherwise; and references in this Act to the licensed company are references to the company so nominated and licensed under this section.
(2) Without prejudice to the generality of subsection (1), every licence issued under this section shall set out the following matters:
(a) the function to be carried out or the services to be provided by the company; and references in this Act to any airport and aviation services shall be references to the services so provided by the company;
(b) the compliance by the company of performance standards established by the Director General under paragraph 2B(a);
(c) the airport to be operated by the company; and references in this Act to any designated airport are references to an airport operated by the company;
(d) the duration of the licence;
(e) the annual fee payable by the company;
(f) the particular duties of the company in respect of services provided by it; and
(g) such other matters or conditions as the Minister thinks fit.
(3) The issue of a licence to a company under subsection (1) shall not impose any liability on the Government of Malaysia for any loss, damage, injury or death occasioned by, or resulting from any incident or reportable accident as a result of, any act, omission or default of the company.
(4) In this section— “incident” means an occurrence associated with the operation of an aircraft which affects or could affect the safety of the operation; “reportable accident” means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked from it, in which—
(a) a person dies or is fatally or seriously injured as a result of—
(i) being in the aircraft;
(ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or
(iii) direct exposure to jet blast,
except when the death or injuries are from natural causes, self-inflicted or inflicted by other persons, or when the death or injuries are to stowaways hiding outside the areas normally accessible to the passengers and crew;
(b) the aircraft sustains damage or structural failure which—
(i) adversely affects the structural strength, performance or flight characteristics of the aircraft; and
(ii) would normally require major repair or replacement of the affected component,
except for engine failure or damage, when the damage is limited to the engine or its cowlings or accessories, or for damage limited to propellers, wing tips, antennae, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or
(c) the aircraft is missing or completely inaccessible.
Charges and fees collected by licensed company
Notwithstanding any provision of this Act or the Financial Procedure Act 1957, all charges and fees prescribed under regulations made pursuant to section 3, which relate to the carrying out of any function or service by a licensed company, shall be collected by, and form part of the revenue of, the licensed company.
Submission of memorandum for any change in existing charges and fees
(1) The licensed company may submit to the Minister a memorandum containing proposals for any change in the existing charges and fees prescribed under regulations made under section 3, which relate to the carrying out of any of its function or service, for the approval of the Minister.
(2) The Minister shall consider the memorandum within six months of its submission.
(3) Where the Minister approves the memorandum, he may subject his approval to such modifications as he deems fit to the proposals in the memorandum.
(4) Where the Minister rejects the memorandum, the licensed company may, where there is a change in circumstances relating to the proposals in the memorandum, apply to the Minister for a review:
Provided that such application shall be made before the expiration of thirty days from the date of notice of rejection of the memorandum.
(5) The Minister shall consider the application within three months of its submission.
Minister to make regulations in respect of change in charges and fees
Where the Minister approves the memorandum, with or without any modifications, he shall as soon as practicable make regulations under section 3 in respect of the change in the existing charges and fees which relate to the carrying out of any function or service by the licensed company.
General duties of licensed company
(1) It is the duty of the licensed company to ensure that the services provided by it meet the performance standards established by the Director General under paragraph 2B (a).
(2) The licensed company shall have due regard to the efficiency, economy and safety of operation in respect of the services provided by it.
Contravention of conditions of licence
Any licensed company which contravenes any of the conditions of the licence issued under this Part shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit.
(Deleted by Act A1192).
Inspectorial power of Director General
The Director General may for the purposes of this Act or any of the regulations made thereunder enter upon any of the premises occupied by the licensed company to inspect and examine the state of such premises or any building or facility in it.
Suspension or revocation of licence on breach of condition of licence
(1) Where the Director General is satisfied that the licensed company is contravening, or has contravened and is likely again to contravene, any of the conditions of its licence, the Director General may give notice in writing to the licensed company requiring it to comply with that condition within the period prescribed in the notice.
(2) If on the expiry of the period prescribed in such notice the licensed company fails to comply with the condition mentioned in it, the Director General shall submit to the Minister a report of such failure by the licensed company and the report shall be in such form as the Director General considers appropriate.
(3) Where, after considering the report from the Director General, the Minister is satisfied that the contraventions were, or the apprehended contraventions are, of a serious nature or affected or likely to affect the public interest or safety and that the licensed company has refused to take or has not taken all such steps as appear necessary to the Minister for the purpose of
securing compliance with the condition in question, the Minister may give to the licensed company notice stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also set out or specify—
(a) the condition of the licence which the company has contravened and the acts or omissions which constitute such contravention; and
(b) the period (not being less than thirty days from the date of the notice) within which the licensed company may make representations with respect to the proposed suspension or revocation, as the case may be.
(4) After the expiry of the period specified in the notice and considering any representations made by the licensed company, the Minister shall decide whether to proceed with the proposed action or to take no further action.
(5) A notice shall be given by the Minister to the licensed company of his decision and the decision shall take effect from the date on which the said notice is served on the company.
(6) The decision of the Minister under this section shall be final and conclusive.
Suspension or revocation of licence on breach of this Act or regulations under it
(1) Where the Director General is satisfied that the licensed company has breached or failed to comply with any provision of this Act or any of the regulations made thereunder, he shall submit to the Minister a report of such breach or non-compliance by the licensed company.
(2) Where, after considering the report from the Director General, the Minister is satisfied that the breach or noncompliance was of a serious nature or affected or likely to affect the public interest or safety, he shall give notice to the licensed company stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also set out or specify—
(a) the provision of this Act or the regulations made under it which the company has contravened and the
acts or omissions which constitute such contravention; and
(b) the period (not being less than thirty days from the date of the notice) within which the licensed company may make representations with respect to the proposed suspension or revocation.
(3) After the expiry of the period specified in the notice and considering any representations made by the licensed company, the Minister shall decide whether to proceed with the proposed action or to take no further action.
(4) A notice shall be given by the Minister to the licensed company of his decision and the decision shall take effect from the date on which the said notice is served on the company.
(5) The decision of the Minister under this section shall be final and conclusive.
Special power in emergency
(1) The Yang di-Pertuan Agong may, on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency or in the interest of public safety, authorize the Minister to—
(a) suspend the licence of the licensed company, take temporary possession of any designated airport and operate any airport and aviation services in it through the Department of Civil Aviation Malaysia, or in such manner as the Minister thinks fit; or
(b) withdraw either partially or totally the use of any airport from any person or class of persons or from the public at large.
(2) If any doubt arises as to the existence of an emergency or whether any act done under subsection (1) was in the interest of public safety, a certificate signed by the Yang di-Pertuan Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the point.
(3) Where the Government takes possession of any designated airport under paragraph (1)(a), adequate compensation shall be paid.
Use, occupation, etc., of lands in Malacca and Penang under Article 166(3)
Where any lands in Malacca or Penang are occupied, used, controlled and managed by the Federal Government under Clause
(3) of Article 166 of the Constitution, the State Authority, if so requested by the Minister, may upon application in writing by the licensed company—
(a) permit the whole or a part of such land to be occupied, used, controlled and managed by the licensed company on such terms and conditions as may be agreed between the Federal Government, the State Authority, and the licensed company; or
(b) alienate such land to the licensed company on such terms and conditions as may be specified by the State Authority under and in accordance with the National Land Code [Act No. 56 of 1965], and agreed upon by the Federal Government.
P ART IX
MISCELLANEOUS
Offence by body corporate
Where an offence under this Act or under any regulations made under this Act is committed by a body corporate, every person who was a director, secretary or manager or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of the affairs of the body corporate is deemed to have committed the offence unless that person proves that the offence was committed without his consent or connivance and that he had exercised due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
Power to compound
(1) The Director General may, with the consent of the Public Prosecutor, offer in writing to compound any offence under this Act or under any regulations made under this Act by accepting from the person reasonably suspected of having committed the offence such amount, not exceeding fifty per centum of the amount of the maximum fine for that offence to which that person would have been liable if he had been convicted of the offence, within such time as may be specified in the offer.
(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(3) Where an offence has been compounded under subsection
(1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.
(4) Any money received by the Director General under this section shall be paid into and form part of the Federal Consolidated Fund.
Publication of notices, etc.
(1) Every notice, circular, directive and information issued under this Act or under any subsidiary legislation made under this Act shall be published by the Director General in such manner as in his opinion will ensure that the notice, circular, directive and information is brought to the attention of the person who has to comply with such notice, circular, directive and information.
(2) Any person who fails to comply with such notices, circulars, directives and information shall be guilty of an offence and shall on conviction be liable—
(a) where such person is an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
(b) where such person is a body corporate, to a fine not exceeding one hundred thousand ringgit.
Extra-territorial application of subsidiary legislation
No provision contained in any subsidiary legislation made under this Act shall, on the ground that it would have extraterritorial operation, be deemed to be invalid in so far as it applies to Malaysian aircraft, wherever they may be, or prohibits, requires or regulates—
(a) the doing of anything by persons, in or any of the crew of, Malaysian aircraft, wherever they may be; or
(b) the doing of anything in relation to Malaysian aircraft by other persons, wherever they may be.
Offences
Any act done by any person on Malaysian aircraft outside of Malaysia which, if it had been done by him in Malaysia, would have constituted an offence under the laws of Malaysia, shall, for the purposes of criminal proceedings in Malaysia against that person in respect of that act, be deemed to have been done by him in Malaysia.
Military aircraft
Any subsidiary legislation made under this Act may, if it so expressly provides, apply to military aircraft or to any class or classes of military aircraft.
(Deleted by Act A803).
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
