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62  AIR REGULATIONS, 1938

cumstances of any accident or of any alleged breach of these regulations, and any Board of Enquiry so constituted shall have power to take evidence upon oath or otherwise.

(2) Every person required to give evidence before a Board of Enquiry shall attend and give evidence upon being so required by writing under the hand of any member of the Board.

(3) Any person who attends and gives evidence before any such Board of Enquiry shall be entitled to receive witness fees and travelling expenses according to the tariff of fees payable to witnesses in the Superior Court of the Province in which such evidence is given.

22. Nothing in these regulations shall exonerate any aircraft or the owner, pilot or crew thereof, from the consequences of any neglect in the use of lights or signals, or of any neglect to keep a proper lookout, or of the neglect or any precaution which may be required by the ordinary practice of the air, or by the special circumstances of the case. (See I.C., Annex D.)

23. In conforming with these regulations due regard shall be had to all dangers of navigation and collision, and to any special circumstances which render a departure therefrom necessary in order to avoid immediate danger, and it shall be a good defence to any proceedings for a breach of these regulations if it is proved to have been due to stress of weather or other unavoidable cause. (See I.C., Annex D.)

24. These regulations do not apply:-

(a) to military aircraft of His Majesty when manoeuvring as directed by an officer of any British Air Force in the course of his duty as such officer;

(b) to foreign military aircraft flying over or alighting in Canada in accordance with the terms of any special permission; or

(c) to other aircraft or to person or aerodromes to the extent to which they have been relieved by the Minister from compliance therewith.

25. These regulations shall come into force forthwith upon their publication in [[italics]] The Canada Gazette [[/italics]].