[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR221.40]



[Page 63-64]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 221_TARIFFS--Table of Contents

 

                      Subpart E_Contents of Tariff

 

Sec. 221.40  Specific requirements.





    (a) In addition to the general requirements in Sec. 221.20, the 

rules and regulations of each tariff shall contain:

    (1) Aircraft and seating. For individually ticketed passenger 

service, the name of each type of aircraft used in rendering such 

service by manufacturer model designation and a description of the 

seating configuration (or configurations if there are variations) of 

each type of aircraft. Where fares are provided for different classes or 

types of passenger service (that is, first class, coach, day coach, 

night coach, tourist, economy or whatever other class or type of service 

is provided



[[Page 64]]



under the tariff), the tariff shall specify the type of aircraft and the 

seating configuration used on such aircraft for each class or type of 

passenger service. When two or more classes or types of passenger 

service are performed in a single aircraft, the seating configuration 

for each type or class shall be stated and described.

    (2) Rule numbers. Each rule or regulation shall have a separate 

designation. The same designation shall not be assigned to more than one 

rule in the tariff.

    (3) Penalties. Where a rule provides a charge in the nature of a 

penalty, the rule shall state the exact conditions under which such 

charge will be imposed.

    (4) Vague or indefinite provisions. Rules and regulations shall not 

contain indefinite statements to the effect that traffic of any nature 

will be ``taken only by special arrangements'', or that services will be 

performed or penalties imposed ``at carrier's option'', or that the 

carrier ``reserves the right'' to act or to refrain from acting in a 

specified manner, or other provisions of like import; instead, the rules 

shall state definitely what the carrier will or will not do under the 

exact conditions stated in the rules.

    (5) Personal liability rules. Except as provided in this part, no 

provision of the Department's regulations issued under this part or 

elsewhere shall be construed to require the filing of any tariff rules 

stating any limitation on, or condition relating to, the carrier's 

liability for personal injury or death. No subsequent regulation issued 

by the Department shall be construed to supersede or modify this rule of 

construction except to the extent that such regulation shall do so in 

express terms.

    (6) Notice of limitation of liability for death or injury under the 

Warsaw Convention. Notwithstanding the provisions of paragraph (a)(5) of 

this section, each air carrier and foreign air carrier shall publish in 

its tariffs a provision stating whether it avails itself of the 

limitation on liability to passengers as provided in Article 22(1) of 

the Warsaw Convention or whether it has elected to agree to a higher 

limit of liability by a tariff provision. Unless the carrier elects to 

assume unlimited liability, its tariffs shall contain a statement as to 

the applicability and effect of the Warsaw Convention, including the 

amount of the liability limit in dollars. Where applicable, a statement 

advising passengers of the amount of any higher limit of liability 

assumed by the carrier shall be added.

    (7) Extension of credit. Air carriers and foreign air carriers shall 

not file tariffs that set forth charges, rules, regulations, or 

practices relating to the extension of credit for payment of charges 

applicable to air transportation.

    (8) Individual carrier provisions governing joint fares. Provisions 

governing joint fares may be published for account of an individual 

carrier participating in such joint fares provided that the tariff 

clearly indicates how such individual carrier's provisions apply to the 

through transportation over the applicable joint routes comprised of 

such carrier and other carriers who either do not maintain such 

provisions or who maintain different provisions on the same subject 

matter.

    (9) Passenger property which cannot lawfully be carried in the 

aircraft cabin. Each air carrier shall set forth in its tariffs 

governing the transportation of persons, including passengers' baggage, 

charges, rules, and regulations providing that such air carrier 

receiving as baggage any property of a person traveling in air 

transportation, which property cannot lawfully be carried by such person 

in the aircraft cabin by reason of any Federal law or regulation, shall 

assume liability to such person, at a reasonable charge and subject to 

reasonable terms and conditions, within the amount declared to the air 

carrier by such person, for the full actual loss or damage to such 

property caused by such air carrier.

    (b) [Reserved]