CJEU: Collision of an aircraft with a mobile staircase no “extraordinary circumstances” under Reg. 261/2004

The Court of Justice of the EU (CJEU) issued a Reasoned Order on the case C-394/14 Siewert et al., which clarified that a collision of an aircraft with a mobile passenger staircase (ramp stair) on the tarmac does not constitute ‘extraordinary circumstances’, which exonerate the air carrier from its duty to provide compensation for long delay under the Regulation (EC) No 261/2004 on passenger rights in the event of long delay, cancellation of flight and denied boarding.

Multimodal Transport Operator (MTO)

  

Multimodal transport operator, also known as combined transport, is the transportation of goods under a single contract, but performed with at least two different means of transport.

The carrier is liable (in a legal sense) for the entire carriage, even though it is performed by several different modes of transport (by rail, sea and road, for example). The carrier does not have to possess all the means of transport, and in practice usually does not; the carriage is often performed by sub-carriers (referred to in legal language as "actual carriers"). 

The carrier responsible for the entire carriage is referred to as a multimodal transport operator, or MTO. The United Nations Multimodal Convention defines multimodal transport as follows: "'International multimodal transport' means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract from a place in one country at which the goods are taken in charge by the multimodal transport operator to a place designated for delivery situated in a different country". In practice, freight forwarders have become important MTOs; they have moved away from their traditional role as agents for the sender, accepting a greater liability as carriers. 

The MTO works on behalf of the supplier; it assures the supplier (and the buyer) that their goods will be effectively managed and supplied.

(Source: www.fiata.org). 

FAA vs Pirker: NTSB finds model aircraft are “aircraft”

The US National Transportation Safety Board (NTSB) has delivered its order in the appeal against the decisional order of the Administrative Law Judge, who terminated the FAA enforcement process against Raphael Pirker, an individual fined for violating FAA regulations during the flight of an Unmanned Aerial System (UAS). The NTSB reversed the decisional order and remanded the case for further findings.

FAA rule on repair stations becomes effective

On 10 November 2014 the new FAA rule on repair stations became effective. The rule changes mainly the certification requirements of the repair stations and the related application process (14 CFR 145). The changes were deemed necessary to harmonize the rules on the repair stations with other parts of the FAA’s regulations, mainly these on air carriers (Parts 121 and 135).

HOUSE and MASTER AWBs

The freight forwarder offering a consolidation service will issue its own Air Waybill to the shipper.

The contract of carriage between the shipper and the freight forwarder is called House Air Waybill (HAWB), as well as, the contract of carriage between the freight forwarder and international airline is called Master Air Waybill (MAWB).