Basis Of Legislation Flashcards
Chicago convention 1944
52 states met and formed ICAO
Created laws and SARPS
Organised SARPS into 19 annexes
ICAO sends the rules to EASA who can tighten them but CANT loosen them
Article 38
Under this - a contracted state does not have to adopt a SARP as long as they inform ICAO and publish the difference in the AIP
Sovereignty
The right of a state to improve national laws to the users of its airspace
Sovereign airspace = rules of the state are in force
Territory
The airspace over a territory and its off shore installations (oil rigs)
High seas
All states have the right to fly over the high seas unhindered
Cabotage and what cant states do
The transport of goods or PAX between 2 points in the same state or different states by vessel or a/c registered with a different state
States must not grant exclusive cabotage principles to any other state or airline
All international flights
Must make the first l/d at a recognised international a/p
But
It is N/A to a flight from 1 eu state to another as eu is seen as 1 state
Contracting states have the right
Without delay to search a/c and docs of another contracting state
Documents to carry
Certificate of registry Certifcate of airworthiness Crew member licensing Journey log book A/c radio license If PAX carried - a PILL Details on any cargo being carried
Cargo restrictions
No munitions of war may be carried in or above a state without the permission of that state
Photography restrictions
Need permission from the state to take Ariel photography
ICAO provides standardisation of
Technical
Economic
Legal
The assembly
The sovereign body
The council
The governing body
36 members
Air navigation body
Body responsible for proposing, familiarising and approving SARPS
ICAO regional structure and aims
7 regional offices over 9 regions
Aim - responsible for ensuring regional plans are kept up to date
PANs
A explanation of a complex SARP
International air services transit/ technical agreements
The technical freedoms
1 cross - privilege to fly across a member state
2 land - privilege to land in another territory
International air transport agreements
Commercial freedoms
3 take - take PAX to a destination
4 bring - bring PAX back to a destination
5 3rd state - an airline to pick up PAX through a 3rd state
Tokyo convention
Offences and other acts committed on the a/c
Deals with penal law and the powers of the captain
Powers of the captain discussed in Tokyo
Obliged to restore control of the a/c to the commander in a hijack
Can take any measures inc restraint - can req crew to help him and may request the help of PAX
Commander may disembark the PAX in any contracting state
Warsaw Convention
Rules for international carriage by air
Rules and responsibilities of the carrier for compensation for PAX
Geneva convention
Recognition of rights in the a/c
Outlaws double registration of a/c
Bans the transfer of registration unless all parties have been informed
Rome convention
Damage caused by foreign a/c to 3rd partied on the surface
Makes the operator liable
Hague convention
Unlawful seizure of the a/c (hijack)
Montreal convention
Unlawful acts against the safety of civil aviation
Terrorism against a/c or navigation facilities
IATA and its mission
Global trade organisation
Mission to represent, lead and serve the airline industry
EASA mission statement
Produce rules and regs to promote the highest common standards of civil aviation safety and environmental protection in Europe and worldwide
ATFM
Part of eurocontrol - air traffic flow management
ECAC
Responsible for a common civil aviation policy across Europe
Objective of the SES
Provision of air navigation services within the SES
Establish common req for the safe and efficient provision of air nav services in the community
3 objectives of IATA
Seeks to improve the understanding between decision makers and the industry
Challenges unreasonable rules/ changes/ laws
Strives for sensible legislation
What is the legal situation within the EU with regards to freedoms of the air
The EU only recognises the first 5 freedoms
Which organisation finalises a SARP
Air navigation commission
4 objectives of ICAO
Ensure the safety and orderly growth of international civil aviation
Encourages arts of a/c design and operation
Meet the need for safer, regular, efficient and economical air transport
Promote safety in light air transport
