Articles Flashcards
Sovereignty
- A state has complete and exclusive sovereignty over the airspace above its territory
- allows the state to impose its national laws on users of its airspace
Territory
- It’s the airspace above and within the state’s territorial borders - deemed to be the land areas, adjacent territorial water under the soveirgnity, suzerainty or madate of that state
- There is no vertical limit
- There is lateral limit (which is the state’s borders)
- If the state has sea boundaries then the air space territory extends beyound the land to an internationally agreed limit of territorial water
In **High Seas **(ie beyound state terroritorial boundaries) - the ICAO
Civil and state aircraft
The convention applies to civil aircraft only, not state aircraft (military, police, customs..etc)
Misuse of Civil aviation
civil aviation can’t be used in ways that are inconsistent with convention’s purpose
Right of non-scheduled flights
Each state agrees to allow aircraft of other states to(not part of scheduled international flights):
- fly into or over its territory without prior permission
- take or discharge passengers, mail and cargo
Notes: The State can:
* request the landing of non-scheduled flights
- impose regulations, conditions and limitations
- request special permission or provide special instruction and prescribed routes if the aircraft is flying into regions that are inaccessible or do not have adqueate air navigation facilities.
scheduled flights
Scheduled international air service:
- cannot operate in/over a contracting state territory without prior permission
- must follow the limits of the authorization given
Cabotage
- A contracting state can refuse permission for another state aircraft to take on, in its territory, commercial passengers, mail & cargo if aircraft is destined for another point in its territory
- states must not grant cabotage privileges on an exclusive basis to other state or airline of another state
Pilotless aircraft
Pilotless aircraft (drones) can be flown over a state’s territory with special permissions and its conditions must be met.
measures to prevent danger to civil aircraft must be taken
Prohibited areas
Contracting states:
- May restrict or prohibit aircraft from flying in or over areas of their territory
- Ensure areas must be located to not interfere with air navigation
- Notified to ICAO & other states
- Must apply prohibition/restrictions on all civil aircraft of all states equally
- If such areas have been overflown, might be necessary for aircraft must land at designated airport as soon as possible
Landing at custom airports
Unless premission has been granted…
Aircraft entering the territory of another state must, if regulations require it,
- land at a designated airport for purpose of customs and examination
- depart from designated customs airport
NOTE:
Designated custom airports must be reported by the state to ICAO to dissiminate this info to other states
Applicability of Air Regulations
Aircraft of a state must comply with the air navigation laws of the state being overflown
Rules of Air
- A state must ensure any aircraft flying over its territory **is complying to its rules of air **
2.Must prosecuteanyone who deviates/violate rules.
- Deviation from rules is only permitted in interest of flight safety only.
- Over high seas, ICAO rules apply.
- rules of air **should be as close as possible to ICAO regulations **and be strictly enforced
Search an aircraft
a state has the right (without unreasonable delay) to:
- search an aircraft on landing/departing
- inspect its certificates/docs
Custom and Immigration
Each state must establish customs procedures in accordance to ICAO recommendations
However, a state can establish a custom-free airport if it wishes.
Custom Duty
Aircraft flying over , to and from the airspace of a member state shall be admitted temporarily free of duty, subject to the state’s custom regulations
Excepted from customs:
parts and equipment imported for the use on an aircraft of a contracting state.
But these items might be kept under custom supervision
Aircraft in distress
contracting states must provide assistance an aircraft in distress.
State must collaborate with any coordinate with rescue measures recommended by ICAO
states must allow the owner/authority of the aircraft’s registration origin to provide assistance
Air navigation facilities and standard systems
Each state much:
1. Provide airports, radio services, air navigation services ets in accordance to ICAO standards
2. Operate on standard codes, signals, communications, registration marks, etc as per ICAO recommendations
3. Publish aeronautical charts and maps as per ICA standards
Documents carried in Aircraft
- Flight crew licenses
- Airworthiness certificate
- Aircraft registration certificate
- Recognition of certificates and licenses
- Journey Logbook
- Passenger list, point of embarkation and landing
- cargo manfiest
- radio station license
Nationality of aircraft
Is the nationality of state of registry
Dual Registration
aircraft can only be registered in 1 state
but registration can be transferred between states
national laws governing registration
when an aircraft is
- being registered
- or its registration has transferred from 1 state to another
the laws of its state of registration applies
Display marks
All aircraft involved in international flights
- must display Nationality & Registration Marks
Certificate of Airworthiness
Aircraft involved in international navigation must:
- carry CoA issued and validated by the state the aircraft is registered in
Licenses of Personnel
Pilots and flight crew must carry licenses and competency certificates
- issued and rendered valid by the aircraft registeration state.
- A state may reject the certificates held by its nationals if issued from another state
Recognition of certificates and licenses
Certificates/licenses issued & validated by states in which the aircraft is registered
- must be recognized by other contracting states - as long as they meet ICAO standards
Endorsement of certificates and licenses
Endorsement of Airworthiness:
Any aircraft (or part of), that fails to meet airworthiness performance standards must have a detailed endorsment attached to its CoA
Endorsement of License:
A license holder who doesn’t meet the conditions related to their class of license/certificate must have their license endorsed with explanation.
Validity of endorsed certificates and licenses
If a CoA or license is endorsed -
a specific permission is required** before entering a state’s airspace**
Journey log book
Log book must be maintained for each aircraft.
Contains crew details and journey details in ICAO standards
Photographic apparatus
states can prohibit or regulate the use of photographic apparatus in aircrafts flying within its territory
Cargo Restrictions
- Munition & implements of war may not be carried into a state’s airspace without permission
- state determines what constitutes munition of war
- Each state may prohibit the carriage of other types of material into its airspace as long as:
- it doesn’t include equipment required for navigation and safety of flight
- it doesn’t discrimminate between its own aircraft and another state’s aircraft
Departure from international standards and practices
A state MUST inform ICAO immediately when :
- it is impracticable to comply in all respect to international standards/practices
- Deems it necessary to adopt different practices
3.Unable to incorporate an ICAO amendments —>must inform ICAO in 60 days
Adoption of international standards & recommendation practices (SARP)
States must help achieve uniformity in regulations, standards and procedures to comply as much as possible to ICAO SARP
- airworthiness of aircraft
- licensing of flight crew
- registrations of aircraft
- log book format
- airport characteristics and ATC practices
- communication and air navigations aids, markings
- collection of meteorological info
- aeronautical charts and maps
- aircraft in distress and accident investigation
- customs and immigration
if a state doesn’t want to comply with ICAO standards, they must inform
