Air law - ICAO Articles Flashcards
Article 1 - Sovereignty
Each State (nation) that has signed the Convention is recognised to have complete and exclusive sovereignty over the airspace above its territory.
Article 2 - Territory
A State’s territory is the land and territorial waters over which the State has sovereignty.
Article 4 - Misuse of civil aviation
Each State agrees not to use civil aviation for any purpose contrary to the aims of the Convention (i.e. for illegal purposes or for war).
Article 5 - Right of non-scheduled flight
Each State will allow aircraft from all other States (except for scheduled international flights) to fly into or through its airspace, and to land without prior permission. States also have the right to require overflying aircraft to land. Where terrain is remote and navigation facilities are inadequate, States may require overflying aircraft to follow prescribed routes, or to obtain prior permission for the flight.
Article 10 - Landing at customs airport
Each State may require aircraft entering its territory to land at a customs airport for a customs examination, unless the flight has permission to cross the territory without landing. Similarly, aircraft departing a State may be required to depart from a customs airport.
Article 11 - Applicability of air regulations
Any aircraft, regardless of its nationality, shall obey the regulations and operational procedures of the State in which it is flying.
Article 12 - Rules of the Air
Each State shall ensure that aircraft operating within its territory, or aircraft carrying its nationality mark, wherever they may be, follow the rules of the air. Over the high seas, the rules of the Convention apply.
Each State shall endeavour to prosecute violators of the regulations.
Article 13 - Entry and clearance regulations
Regulations of a State relating to entry, clearance, immigration, passports, customs and quarantine must be complied with by or on behalf of passengers, crew or cargo on entry into, departure from or while within the territory of that State.
Article 16 - Search of aircraft
Each State has the right to search aircraft from other States on landing or prior to departure, and to inspect documents.
Article 17 - Nationality of aircraft
Aircraft have the nationality of the State in which they are registered.
Article 18 - Dual registration
An aircraft may not be registered in more than one State, though its registration may be changed from one State to another.
Article 19 - National laws governing registration
Registration or transfer of registration in any State shall comply with that State’s laws and regulations.
Article 20 - Display of marks
All aircraft operating internationally shall display their appropriate nationality and registration marks.
Article 22 - Facilitation of formalities
Each State shall facilitate flights between territories of contracting States, and prevent unnecessary delays to those flights, especially in relation to customs, immigration and quarantine procedures.
Article 23 - Customs and immigration procedures
Each State shall establish customs and immigration procedures in accordance with international practice.
Article 24 - Customs duty
Aircraft entering another State’s territory shall be admitted temporarily free of duty, subject to the State’s customs regulations. Fuel, oil, spare parts and regular equipment that are on board an aircraft on arrival in another State, and retained on board on departure, shall be exempt from duty. This does not apply to anything that is unloaded from the aircraft.
Spare parts imported into a State for use by an aircraft from another
State on international operations shall be free of duty.
Article 25 - Aircraft in distress
Each State shall assist aircraft in distress in its territory, and allow the owners of the aircraft and that State in which the aircraft is registered to assist as appropriate.
Article 26 - Investigation of accidents
Should an aircraft registered in one State be involved in an accident in another State, and the accident results in death or serious injury or indicates a serious technical defect in the aircraft or navigation facilities, the State in which the accident occurs shall carry out an inquiry in accordance with ICAO procedures. The State in which the aircraft is registered shall be allowed to observe the inquiry.
Article 28 - Air navigation facilities and standard systems
Each State shall facilitate international aviation by:
• providing radio services, meteorological services and air navigation facilities to ICAO standards;
• operating standard systems for communications, markings, signals and lighting;
• cooperating internationally in the publication of aeronautical maps and charts.
Article 29 - Documents carried in aircraft
All aircraft flying internationally shall carry the following documents:
• Certificate of Registration;
• Certificate of Airworthiness;
• appropriate licences for each crew member;
• journey logbook;
• appropriate radio licences;
• if carrying passengers, a list of their names and places of embarkation (boarding) and destination;
• if carrying cargo, a manifest and detailed declarations of cargo.
Article 30 - Aircraft radio equipment
Aircraft operating in other States may carry radio transmitting equipment only if it is licensed by the State in which the aircraft is registered. The use of that equipment shall comply with the regulations of the State that is being flown over.
Radio transmitting equipment may be used only by crew members who are licensed to do so by the State in which the aircraft is registered.
Article 31 - Certificates of airworthiness
All aircraft operating internationally must have a valid Certificate of Airworthiness issued by the State in which it is registered.
Article 32 - Licences of personnel
Pilots and flightcrew members engaged in international operations shall hold licences issued by the State in which the aircraft is registered For flight over its own territory, each State reserves the right to refuse to recognise flight crew licences and certificates of competency granted to its nationals by another State.
Article 33 - Recognition of certificates and licences
Certificates of airworthiness and flightcrew licences issued by the State in which the aircraft is registered shall be recognised by other contracting States, provided the requirements for the issue of such certificates and licences meet ICAO standards.
Article 34 - Journey logbooks
All aircraft on international operations shall keep a journey logbook, containing details of the aircraft, its crew and each journey, in accordance with ICAO standards.
Article 35 - Cargo restrictions
Weapons or munitions of war may not be carried in or above a State’s territory except by permission of that State.
States may prohibit the carriage of any other items within their territory for reasons of public order or safety.
Article 36 - Photographic apparatus
States may prohibit or regulate the use of photographic apparatus in aircraft over their territories.
Article 37 - Adoption of international standards and procedures
Each State undertakes, as far as possible, to implement uniformity in aviation regulations, standards and procedures. To help this process ICAO shall adopt and amend international standards and recommended practices dealing with such matters as:
• communications systems and air navigation aids, including ground markings;
• airports and landing areas;
• rules of the air and air traffic control procedures;
• licensing of flightcrew and maintenance staff;
• airworthiness of aircraft;
• recognition and identification of aircraft:
• meteorological services;
• logbooks;
• aeronautical maps and charts;
• customs and immigration procedures;
• aircraft in distress and accident investigation.
Article 39 - Endorsement of certificates and licences
Aircraft that have failed to meet any international standard of airworthiness or performance at certification shall show on its airworthiness certificate full details of such failure(s).
Flightcrew licence holders who fail to satisfy any condition laid down in the international standard relating to that licence shall have full details of such failure(s) shown on their licence.
Article 40 - Validity of endorsed certificates and licences
Aircraft and flightcrew may operate internationally only if their certificates or licences permit it. The use of any aircraft or certificated aircraft part in a State other than the one in which it was originally registered shall be at the discretion of the State into which the aircraft or part is imported
Article 43 - ICAO name and composition
An organisation named The International Civil Aviation Organization is formed by the Convention. It is made up of an Assembly, a Council, and other necessary bodies.
Article 44 - ICAO objectives
The Organization aims to develop international air navigation and international air transport so as to:
• ensure the safe and orderly growth of civil aviation throughout the world;
• encourage aircraft design and operation for peaceful purposes;
• encourage development of airways, airports and navigation facilities for international civil aviation;
• provide the world with safe, regular, efficient and economical air
transport;
• promote fair competition and avoid discrimination between States;
Article 47 - Legal capacity
Each State shall grant to ICAO such legal capacity as may be necessary to perform its functions.
