S.L. 378.14 Art. 6Due diligence defence.

(1) Subject to the following provisions of this regulation, in proceedings against any operating air carrier for an infringement under regulation 5, it shall be a defence for that operating air carrier to show that it took all reasonable steps and exercised all due diligence to avoid committing such an infringement.

(2) An operating air carrier shall not be entitled to rely on the defence provided by sub-regulation (1) by reason of its reliance on information supplied by another operating air carrier, unless it shows that it was reasonable in all the circumstances for it to have relied on the information, having regard in particular:

(a) to the steps which it took, and those that might reasonably have been taken, for the purpose of verifying the information; and

(b) that it had no reason to disbelieve the information.