Page:United States Statutes at Large Volume 76.djvu/192

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[76 Stat. 144]
PUBLIC LAW 87-000—MMMM. DD, 1962
[76 Stat. 144]

144

Ante, p. 143.

72 Stat. 754.

PUBLIC LAW 87-528-JULY 10, 1962

[76 STAT.

"(4) No term, condition, or limitation of a certificate shall restrict the right of an air carrier to add to or change schedules, equipment, accommodations, and facilities for performing the authorized transportation and service as the development of the business and the demands of the public shall require; except that the Board may impose such terms, conditions, or limitations in a certificate for supplemental air transportation when required by subsection (d)(3) of this section. "(5) No air carrier shall be deemed to have violated any term, condition, or limitation of its certificate by landing or taking off during an emergency at a point not named in its certificate or by operating in an emergency, under regulations which may be prescribed by the Board, between terminal and intermediate points other than those specified in its certificate. "(6) Any air carrier, other than a supplemental air carrier, may perform charter trips or any other special service, without regard to the points named in its certificate, or the type of service provided therein, under regulations prescribed by the Board." SEC. 4. Section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) is amended by adding at the end thereof the following new subsection: "ADDITIONAL POW^ERS AND DUTIES OF HOARD WITH RESPECT TO SUPPLEMENTAL AIR CARRIERS

Poat, p. 145.

" (n)(1) No certificate to engage in supplemental air transportation, and no special operating authorization described in section 417 of this title, shall be issued or remain in effect unless the applicant for such certificate or the supplemental air carrier, as the case may be, complies with regulations or orders issued by the Board governing the filing and approval of policies of insurancej in the amount prescribed by the Board, conditioned to pay, within the amount of such insurance, amounts for which such applicant or such supplemental air carrier may become liable tor bodily injuries to or the death of any person, or for loss of or damage to property of others, resulting from the negligent opertition or maintenance of aircraft under such certificate or such special operating authorization. " (2) In order to protect travelers and shippers by aircraft operated by supplemental air carriers, the Board may require any supplemental air carrier to file a performance bond or equivalent security arrangement, in such amount and upon such terms as the Board shall prescribe, to be conditioned upon such supplemental air carriers making appropriate compensation to such travelers and shippers, as prescribed by the Board, for failure on the part of such carrier to perform air transportation services in accordance with agreements therefor. "(3) If any service authorized by a certificate to engage in supplemental air transportation is not performed to the minimum extent l)rescribed by the Board, it may by order, entered after notice and hearing, direct that such certificate shall thereupon cease to be effective to the extent of such service.

  • " (4) The requirement that each applicant for a certificate to engage

in supplemental air transportation must be found to be fit, willing, and able properly to perform the transportation covered by his application and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board under this Act, shall be a continuing requirement applicable to each supplemental air carrier with respect to the transportation authorized by, and currently furnished or proposed to be furnished under, such carrier's certificate. The Boarcl shall by order, entered after notice and hearing, modify, suspend, or revoke such certificate, in whole or in part, for failure of