Denmark – Legislation

“Trafikstyrelsen” (the Danish Transport Authority) is the authority which deals with civil aviation in Denmark. It is this authority that sets out the relevant rules for the exercise of air traffic/transportation and supervise that such rules are being complied with.

The Danish Aviation Act, “Lov om luftfart” sets out the framework for Danish civil aviation. It authorises the Minister of Transport to determine further rules on civil aviation and this authorisation has been passed on to “Trafikstyrelsen” by a delegation order.

For the most part, the Act reflects the standards required by international aviation organisations, such as EASA, and legislation passed by the EU, which has now been given the authority to pass legislation within this field of law on behalf of its member countries. You will be able to find more information about international and European rules by choosing “International Law” or “European Law” in the left hand side menu of this website.

It is important to note that the Danish Aviation Act is always subsidiary to EU legislation when it deals with such areas of law where Denmark has accepted to surrender sovereignty to the EU.

Lov om luftfart, LBK nr. 1036 af 28/8/2013 – Aviation Act on regulation of civil air traffic

This Act is the foundation of Danish aviation law and it sets out the rules on major issues such as liability for damages to passengers, persons, baggage and goods (including references to the Montreal Convention, the Warsaw Convention and relevant protocols); issuance of ticket or similar travelling document; control of goods; delivery and disposal of goods; liability for damages outside the aircraft; limitation of liability; indemnity; and obligatory insurance requirements.

Other important issues that the Act deals with is registration (including nationality and marking); airworthiness; airport (and other air traffic facilities’) requirements including authorisation, licence and security measures; air traffic regulations and documentation; authorisation of the air carrier, crew requirements; work environment (including security and health); requirement of having an aircraft executive on board with full authority and responsibility of aircraft, crew, passengers, baggage and goods; and rescue, salvage and investigations in relation to accidents caused by air traffic.

Furthermore, the Act addresses registration and safekeeping of passenger information; carriage by substitute carrier; rules for combined carriage; and finally, it touches upon issues such as prosecution of relevant criminal actions as well as confiscation of licenses and certificates.

 

Lov om CO2-kvoter, LOV nr. 1095 af 28/11/2012 – Act on CO2 emission/quota

This Act incorporates the relevant EU directives relating to the EU emission scheme (quota system) for the reduction of greenhouse gasses, in particular CO2.

 

Bekendtgørelse om Danmarks Ratifikation of den i Chicago den 7. December 1944 undertegnede Konvention angaaende international civil Luftfart, nr. 17 af 30/03/1948 – Act which implements the Chicago Convention

This Act incorporates the Chicago Convention into Danish Law. The “Convention on In ternational Civil Aviation” (Chicago Convention) established the International Civil Aviation Organization (ICAO), a specialised agency of the United Nations. The Convention established rules of airspace, aircraft registration and safety, which have now been incorporated into the Danish Aviation Act.

 

Image: Tim Beach / FreeDigitalPhotos.net

Be Sociable, Share!