AERIAL TRAFFIC

Evening Post, Volume CV, Issue 142, 16 June 1923, Page 19

AERIAL TRAFFIC

GERMAN LAWS FOR REGULATING

LIABILITY IN CASE OF ACCIDENT.

Particularly through the experience gained during the war and through the rapid development in the technique of aircraft, the aerial traffic, particularly in Europe', has grown to such an extent that a legal regulation of auoh traffic seems to become more and more imperative, writes Carl G. Grossman, in the "New York Times." This necessity has been recognised also in the United States, as. appears from the fact that several Bills for the regulation of aerial traffic were proposed to Congress.

In Germany the Aerial Traffic law of Ist August, 1923, has become effective— the first European State law dealing with aerial traffic, I believe. It is of interest to examine the road taken by Germany for the purpose of legal administration and supervision of aerial traffic, not only by reason of the comparative novelty of the traffic, but also in the consideration that a study of the German law may be instructive in regard to measures possibly to be adopted in the United States.

The German law. in line with the law regulating automobile traffic, passed years ago,^ is divided into three? sections: The provisions concerning traffic, those concerning liability, and the third section referring to penalties.

To begin with, it should be stated that the use of the aerial apace by aircraft is, as a matter of principle, unrestricted, bo that the owner of the ground has no right to prohibit flyintr over his property.

A very important provision is that only such craft may be used which is admited by a special admission or license certificate to the flying traffic. Such license is granted only if the aircraft complies with the requirements of the safety of the traffic. A regulation likewise provided for in the interest of the safety of traffic is that the persons navigating or in attendance on aircraft (so-called aerialist or aerial pilot), must ba licensed. This license is given through the so-called aerial navigation ov pilot certificate.

Aeronauts must be 21 years old and in the case of navigation of airships 2o years old before they are aranted euch certificate. Under 'particular circumstanceß the license may be granted to persons 19 years old. In the interest of the training of an efficient personnel, it is furthermore provided for that all those who desire to train aerialists or pilots professionally must have an official permit.

Of utmost importance to the traffic is the establishment of aerial ports assembling and landing places for aircraft. Such ports may be retained or estab™o only with the .ioint consent of the iederal and State Governments. If it appears that the port or the place expected to be used as such i s not appropriate, or that the management thereof is inefficient. and not reliable the consent must.be denied. In the interest ot control it is furthermore directed that space required for the establishment o£ aenal police stations in aerial ports must be provided for and maintained without any charge hy the management. in addition to the above, the law provides for the nationalisation of German aerial traffic. Aircraft is allowed to be used in Germany only if it i s entered into the register of German aircraft (aircraft roll). Such entry is effected only then if the aircraft has become admitted to traffic and is the exclusive property of German nationals Except in the case of " emergency, where the aircraft may land at any place, landings may be effected only in ports and. outside of communities, only on ground not fenced in or on water I.n a, particular case it may even be forbidden to Ja.nd on certain pieces of ground, real estate, or water A further traffic regulation directs that aenal vehicles must havo the consent ot the Government to carry weapons explosives, poisonous gases*, carrier pie eons, moving picture machines, and wire less apparatus. In order to engage in professional enterprise of aenal navigation and likewise in public exhibitions and similar organisations of aenal traffic for competition or show purposes a permit must be applied

™,hr gr ipPo^anoe for the general public are the provisions for liability in case of accident, In view of the many tll gn "Sks *nsmS t0 «»e public through heavy aenal traffic, the law ac - knowledges the principle of the so-call-ed absolute liability, or liability irrespective of guilt. That is, the question ot guilt in case of an accident occurring in aenal traffic is not of that importance which it possesses in connection r f r, egUlf traffic- If- therefore, a mischief has been caused by aircraft, such as for instance a damage to another's orT y aY!t Ult ? f a faU > theowne? oi keeper of the aircraft is responsible even if such mischief was not caused through any fault of his. . This responsibility, in the case of injury or death of one or more persons amounts to 2,500,000 marks, or an annual rent of 250,000 marks, and in the +aSe=;nn nn? agS to ProP erty an amount up to 500,000 marks. If the injury or damage is attributable to the fault of the owner the person suffering the injury or damage may demand still further compensation. In order to secure such possible claims of compensation the owners or keepers of aircraft and other enterpreneurs in aerial traffic are bound either to arrange for adequate liability insurance or to furnish the necessary •PiT Z de Positing securities or money with the proper governmental authorities. Tlie granting of a pilot certificate is dependent upon the compliance with these regulations.

It is furthermore observed that aerial enterprises with an established traffic schedule must, upon the request, of the Federal Mail, forward shipments of mail, receiving proper compensation, therefor.