Limitation of Liability (Passengers in Government Aircraft) Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE LIMITATION OF LIABILITY
(PASSENGERS IN GOVERNMENT AIRCRAFT) ACT
CHAPTER 448 OF THE LAWS OF ZAMBIA
CHAPTER 448 THE LIMITATION OF LIABILITY (PASSENGERS IN GOVERNMENT
AIRCRAFT) ACT
THE LIMITATION OF LIABILITY
(PASSENGERS IN GOVERNMENT AIRCRAFT) ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Limitation of liability in respect of loss of life of or bodily injury to passengers
carried in Government aircraft
4. Limitation of liability in respect of destruction or loss of or damage to luggage
and personal effects of passengers carried in Government aircraft
5. Savings
CHAPTER 448

ity in respect of destruction or loss of or damage to luggage
and personal effects of passengers carried in Government aircraft
5. Savings
CHAPTER 448

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
LIMITATION OF LIABILITY (PASSENGERS IN GOVERNMENT AIRCRAFT)
An Act to limit the liability of the Government in respect of the loss of life of or
bodily injury to passengers carried in aircraft in the service of the Government
and the destruction or loss of or damage to their luggage and personal effects
and to make incidental provision in that connection. [2nd August, 1963]
Federal Act
13 of 1963
Government Notices
92 of 1964
497 of 1964
Statutory Instruments
155 of 1965
159 of 1965
1. This Act may be cited as the Limitation of Liability (Passengers in Government
Aircraft) Act. (As amended by G.N. No. 92 of 1964)
Short title
2.

65
1. This Act may be cited as the Limitation of Liability (Passengers in Government
Aircraft) Act. (As amended by G.N. No. 92 of 1964)
Short title
2.

In this Act, unless the context otherwise requires- Interpretation
"Convention" means the Convention for the unification of certain rules relating to
international carriage by air which was signed at Warsaw on the 12th
October, 1929;
"conventional damages"-
(a) in relation to loss of life or bodily injury to which the provisions of
section three relate, means an amount in the currency of the
Republic equal to the sum fixed from time to time by the Convention
as the limit of the liability of a carrier in respect of damage sustained
in the event of the death or wounding of a passenger or any other
bodily injury suffered by a passenger; and
(b) in relation to the destruction or loss of or damage to luggage and
personal effects to which the provisions of section four relate,
means an amount in the currency of the Republic equal to the sum
fixed from time to time by the Convention as the limit of the liability
of a carrier in respect of damage sustained in the event of the
destruction or loss of or damage to any luggage of which the
passenger takes charge himself;
"Government aircraft"-
(a) means any aircraft which-
(i) is the property of the Government or is let out on hire to the
Government with or without pilot or crew; and
(ii) is employed in the service of the Government; and

ty of the Government or is let out on hire to the
Government with or without pilot or crew; and
(ii) is employed in the service of the Government; and

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(b) includes any aircraft of the Defence Force;
"passenger", in relation to a Government aircraft, includes any person other than
the pilot or member of the crew of the aircraft. (As amended by G.N. No. 92 of 1964 and S.I. Nos. 155 of 1965)
3. The total liability of the Government to pay damages in respect of the loss of life
of or bodily injury caused on any one occasion to any one person whilst journeying as a
passenger in a Government aircraft or whilst entering or alighting from a Government
aircraft in connection with a journey made or to be made by him as a passenger in the
aircraft shall not exceed the conventional damages. (As amended by G.N. No. 92 of 1964)
Limitation of liability in
respect of loss of life
of or bodily injury to
passengers carried in
Government aircraft
4.

amended by G.N. No. 92 of 1964)
Limitation of liability in
respect of loss of life
of or bodily injury to
passengers carried in
Government aircraft
4.

(1) The total liability of the Government to pay damages in respect of the
destruction or loss of or damage to luggage and personal effects of a person referred to in
section three which are sustained in the course of the journey of the person as a
passenger in a Government aircraft shall not exceed the conventional damages. Limitation of liability in
respect of destruction
or loss of or damage
to luggage and
personal effects of
passengers carried in
Government aircraft
(2) For the purposes of subsection (1), the destruction or loss of or damage to the
luggage or personal effects of a person referred to in section three shall be treated as
having been sustained in the course of the journey of the person as a passenger in a
Government aircraft if the luggage or personal effects are destroyed, lost or damaged
whilst in the aircraft. (As amended by G.N. No. 92 of 1964)
5.

a
Government aircraft if the luggage or personal effects are destroyed, lost or damaged
whilst in the aircraft. (As amended by G.N. No. 92 of 1964)
5.

Nothing in this Act shall be construed as-
(a) affecting the operation within Zambia of the provisions of the Convention; or
(b) derogating from the provisions of any Act, statutory instrument or contract,
including a contract of insurance, in terms of which a pension or other
benefit is payable by the Government or any person in respect of loss of life
or bodily injury. (As amended by G.N. No. 92 of 1964)
Savings