DRAFT AIR TRANSPORT PERMITS (AMENDMENT) (JERSEY) LAW 200-
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Lodged au Greffe on 18th June 2002
by the Jersey Transport Authority
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STATES OF
JERSEY
STATES GREFFE
|
150 |
2002 |
P.108 |
Price code: C
European Convention on Human Rights
The President of the Jersey Transport Authority has made the following statement -
In the view of the Jersey Transport Authority the provisions of the Draft Air Transport Permits (Amendment) (Jersey) Law 200- are compatible with the Convention Rights.
(Signed) Deputy
A.J. Layzell of St. Brelade
REPORT
The Air Transport Permits (Jersey) Law 1998 provides for the licensing of air transport services between the United Kingdom and the Island, and between the other Channel Islands and the Island. The prime purpose of the Law was to give the Insular Authorities the ability to take action to safeguard in particular the inter-Island air services, and the year round scheduled services between the Island and the United Kingdom, at a time when the United Kingdom licensing authority, the Civil Aviation Authority, was pursuing an open skies policy in common with the European Union generally.
Licensing powers were considered necessary because the Civil Aviation Authority was prepared to grant licences to airlines operating from the United Kingdom to Guernsey and on to Jersey and back to the United Kingdom permitting those airlines to pick up passengers between Guernsey and Jersey or vice versa. The Jersey Transport Authority of the day was concerned that the diversion of traffic to such airlines would make it difficult if not impossible for the established operator, Aurigny Air Services, to maintain the frequency of air service upon which the many links between the Islands depend.
When the licensing powers were taken it was agreed that the Jersey Transport Authority should be concerned solely with the action needed to safeguard the interests of all air transport users (i.e. Island residents, the business community, those visiting families and friends in the Island, and tourists). There was no wish to duplicate the assessment that continues to be made by the Civil Aviation Authority into the safety and financial soundness of individual airlines. Accordingly the Air Transport Permits (Jersey) Law 1998 provided that a permit could only be issued by the Jersey Transport Authority in respect of a flight which had been authorised by a Civil Aviation Authority Air Transport Licence or Route Licence, or which had the permission of the Secretary of State.
The Civil Aviation Authority has decided to make some changes to the present arrangements so that in future European Community carriers will no longer require a route licence for services between the United Kingdom and the Channel Islands. At the same time a new form of air transport licence will be issued to those airlines that presently are required to hold such a licence. The existing Law needs to be amended to take these changes into account.
The changes to the Law proposed are as follows -
1. The
present reference to the need to hold a route licence is to be replaced by a
reference to an operating licence.
All European Community air carriers are required to hold an operating licence unless they are specifically exempt from doing so.
2. The
present provision whereby a carrier’s permit is suspended or revoked upon the
suspension or revocation of a carrier’s route licence needs to be amended to
refer to an operating licence.
3. Under
the present provisions of the Law the withdrawal of the existing air transport
licence and its replacement by the proposed new form of air transport licence
would have led to the suspension or revocation of the existing air transport
permit. The proposed amendment to the
existing Law avoids this by stating that suspension or revocation should not
apply where the air transport licence is revoked by reason only of its
replacement with a further air transport licence which authorises the flights
to which the permit relates.
4. With
the removal of the requirement to hold a route licence the position would be
that, as all Community air carriers are required to hold an operating licence
unless they are specifically exempt from doing so, a significant number of
operations which had not been the intention of the Jersey Transport Authority
to make subject to permit would be brought into the scope of the Law. It has
therefore been necessary with the change in the Law to set out in detail in the
Schedule a description of the flights by Community air carriers which are to be
excepted from the requirement for a permit.
5. To facilitate
future changes the opportunity is being taken with the amendment to the Law to
provide that in future the States will be able to make regulations to amend the
principal Law for the purpose of making changes consequential upon any change
in the licensing regimes in the United Kingdom and throughout the European
Community. In addition the exceptions in the Schedule will be able to be
amended by Order.
The Jersey Transport Authority is of the opinion that for the time being it is still in the interests of the Island, and in particular in the interests of all the users of air services, that the air transport services between the United Kingdom and the Island, and between other of the Channel Islands and the Island, should remain subject to permit. In due course no doubt the Jersey Competition Regulatory Authority will have a view on the exercising of this licensing power. In the meantime a need to be able to safeguard the inter-Island services, and the year round scheduled services, remains.
The Jersey Transport Authority would emphasise that the licensing powers have not been used to frustrate the arrival in the Island of so called low cost airlines. The possibility of licences being granted in the future to the low cost airlines will continue to depend on how far the States is prepared to go in meeting their requests in respect of lower airport charges. The Jersey Transport Authority believes that this is an issue that calls for a States debate on how the Airport should be funded and the Jersey Transport Authority has sought the assurance of the Harbours and Airport Committee that such a debate will take place before the end of September against the background of the OXERA report on Airport funding.
There are no financial or manpower implications arising from consequences to this amendment and the changes are compliant with the proposed Human Rights Law.
European Convention on Human Rights
Article 16 of the Human Rights (Jersey) Law 2000 will, when brought into force by Act of the States, require the Committee in charge of a Projet de Loi to make a statement about the compatibility of the provisions of the Projet with the Convention rights (as defined by Article 1 of the Law). Although the Human Rights (Jersey) Law 2000 is not yet in force, on 18th June 2002 the Jersey Transport Authority made the following statement before Second Reading of this projet in the States Assembly -
In the view of the Jersey Transport Authority the provisions of the Draft Air Transport Permits (Amendment) (Jersey) Law 200- are compatible with the Convention Rights.
Explanatory Note
The purpose of this draft Law is to ensure that, when flights to and from the Island by Community air carriers cease to require a route licence from the Civil Aviation Authority, they shall continue to require a permit from the Jersey Transport Authority.
Article 1 is the interpretation provision.
Article 2 amends Article 1 of the Air Transport Permits (Jersey) Law 1998 (the “principal Law”) to add and remove definitions.
Article 3 amends Article 2 of the principal Law so as to preserve the existing categories of flights for which a permit from the Jersey Transport Authority is required, notwithstanding that a flight by a Community air carrier will no longer require a route licence from the Civil Aviation Authority.
Article 4 amends Article 6 of the principal Law so that it is a precondition of the grant of a permit to a Community air carrier that the carrier has an operating licence. Currently, the precondition is that the carrier has a route licence.
Article 5 amends Article 8 of the principal Law with the effect that a Community air carrier’s permit is automatically suspended or revoked at any time when the carrier’s operating licence is suspended or revoked. Currently, such a carrier’s permit is suspended or revoked upon the suspension or revocation of the carrier’s route licence. Secondly, it provides that where an air transport licence is revoked and immediately replaced with a new air transport licence, the permit for the flights continues in force.
Article 6 amends the principal Law so as to enable the States to make Regulations to amend the principal Law in the future, for the purpose of making changes consequential upon any change in the licensing regimes in the United Kingdom and throughout the European Community. In addition, the Jersey Transport Authority is empowered to amend the exceptions in the Schedule by Order.
Article 7 adds the Schedule to the principal Law. The Schedule lists descriptions of flights by Community air carriers which are to be excepted from the requirement for a permit. These standard exceptions include emergency landings, training flights and small private charters.
Article 8 is the citation and commencement provision. Article 5(2) is deemed to come into force immediately. The amendment made by this provision anticipates impending changes in the air transport licence regime of the Civil Aviation Authority. As a part of those changes, all existing air transport licences will be revoked and replaced with new air transport licences. The amendment has the effect that permit holders who are also air transport licence holders will not be required, under the principal Law, to re-apply for their permits by reason only that their licences have been revoked and replaced as part of the Civil Aviation Authority changes.