Page:United States Statutes at Large Volume 61 Part 2.djvu/225

 61 STAT.] MULTILATERAL-CIVIL AVIATION-DEC. 7, 1944 Article 2 For the purposes of this Convention the territory of a Territory State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suze- rainty, protection or mandate of such State. Article 3 (a) This Convention shall be applicable only to civil ivil andstate aircraft, and shall not be applicable to state aircraft. (b) Aircraft used in military, customs and police services shall be deemed to be state aircraft. (c) No state aircraft of a contracting State shall fly over the territory of another State or land thereon with- out authorization by special agreement or otherwise, and in accordance with the terms thereof. (d) The contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft. Article 4 Each contracting State agrees not to use civil aviation Msuse of civil aviation for any purpose inconsistent with the aims of this Con- vention. CHAPTER II FLIGHT OVER TERRITORY OF CONTRACTING STATES Article 5 Each contracting State agrees that all aircraft of the Rightofnon- scheduled flight other contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Conven- tion, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require air- craft desiring to proceed over regions which are inac- cessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights. Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or dis- charge takes place to impose such regulations, conditions or limitations as it may consider desirable. 1181

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