The Montreal Convention (officially, Convention for Unification of Certain Rules for International Freight by Air ) is a multilateral agreement adopted by a diplomatic meeting of ICAO member states in 1999. This changed the important provisions of the Warsaw Convention regime on compensation for the victims of the air disaster. The Convention seeks to re-establish the uniformity and predictability of rules relating to the transport of international passengers, baggage and cargo. While maintaining a core provision that has served the international air transport community for decades (ie, the Warsaw regime), the new treaty reached modernization in a number of key areas. It protects passengers by introducing a two-tiered responsibility system that eliminates the preceding requirements to prove a deliberate waiver by airlines to get over US $ 75,000 in damages, which should eliminate or reduce protracted litigation.
Video Montreal Convention
Damage
Under the Montreal Convention, airlines are solely responsible for the proven damage to 100,000.00 special drawing rights (SDRs), the combined value of currencies set by the International Monetary Fund (IMF) equals about $ 150,000 USD. If damage to more than 100,000.00 SDR is sought, the airline may avoid liability by proving that the accident causing the injury or death was not due to their negligence or caused solely by a third party's negligence. This defense is not available if less than 100,000.00 SDR damage is searched. The Convention also alters the provisions of Warsaw jurisdiction and now allows victims or their families to sue foreign operators where they maintain their primary residence, and require all airlines to carry liability insurance.
The Montreal Convention is primarily made to amend the obligations to be paid to the family for death or injury while on board.
Maps Montreal Convention
No pure compensation for psychiatric injuries
The Convention refuses to pay compensation for injury or psychiatric damage unless it is closely related to physical injury. Pure psychiatric injury is not eligible for compensation that has been criticized by people injured in plane crashes, lawyers and their families.
Australia
Australia amends its law to conform to the Montreal Convention in some of the following ways
- removal of references to 'personal injury' and replaced with 'bodily injury' under the CACL Act to ensure consistency with the Montreal Convention 1999 on international aviation;
- the claimant's denial of a compensation claim for a mental injury in which the person has not suffered personal damage or additional property
Australian Senator Nick Xenophon will introduce a private member bill to the Australian Parliament in May 2015 that will seek to protect the rights of plane crash victims to be compensated for by psychological trauma.
Leading the current Australian affairs TV show, 4 Corners on government-owned ABC, aired a program focusing on injustice and injustice including psychiatric injuries on March 23, 2015 featuring Karen Casey, a nurse injured when her medical evacuation flight fell into the water off Norfolk Island.
Lost baggage
The Montreal Convention is changing and generally increases the airline's maximum liability for lost luggage to a fixed amount of 1,131 SDR per passenger (number in Warsaw Convention based on baggage weight). It is therefore necessary for airlines to fully compensate the cost of purchasing replacement items purchased until the trunk is delivered, up to a maximum of 1,131 SDRs. At 21 days, delayed baggage is lost, until the airline finds and sends it.
Deactivated passenger and mobility equipment
The limit of compensation for baggage damage up to 1,131 SDR means that the value of damaged mobility equipment can often significantly exceed the compensation available under the Montreal Convention, while the loss of, even temporarily, effects of mobility equipment puts defective passengers on a substantial increase. loss compared to other passengers who suffered baggage damage. As for non-disabled people, the main problem is the loss of baggage, for disabled people the problem tends to be physical damage to wheelchairs and other durable medical equipment due to improper storage in the hold. Even individually equipped wheelchairs can be charged twice the amount of compensation available, with a three month replacement time for reimbursement. There is a further problem with airlines who are reluctant to admit that cheap-market chairs may not be suitable even as a temporary replacement because of the general need for customized seating solutions among long-term wheelchair users.
The European Union in "Communication on the scope of airline and airport responsibilities in terms of passenger mobility equipment destroyed, damaged or lost with reduced mobility when traveling by air" recorded this loss in relation to the rights of EC 1107/2006 "disabled persons and persons with limited mobility while traveling by air ".
The EU Report notes that the United States under the Air and Canadian Aviation Access Act under Section VII of the Air Transport Rules has taken action to force airlines to fully cover the cost of mobility equipment damage as a condition of allowing airlines to operate in their airspace, and noted that the EU may have to take similar measures if the additional charges imposed on airlines by EC 1107/2006 did not solve the problem.
Ratification
By the end of June 2016, there are 120 parties to the Convention. Included in this amount is 119 out of 191 ICAO Member States plus the EU. Countries that have ratified represent 118 UN member states plus the Cook Islands. Other ratified countries include Argentina, Australia, Brazil, Canada, China, all Member States of the European Union, India, Israel, Japan, South Korea, Malaysia, Mexico, New Zealand, Norway, Pakistan, Saudi Arabia, Singapore, South Africa, Switzerland, Turkey, Ukraine, United Arab Emirates, and the United States.
See also
- Legal flight
- CMR Convention
- Kenneth Beaumont
- Warsaw Convention
References
External links
- Text of the Convention
- Signatures and ratifications
Source of the article : Wikipedia
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