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Air Law > Basis Of Legislation > Flashcards

Basis Of Legislation Flashcards

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1
Q

Chicago convention 1944

A

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

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2
Q

Article 38

A

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

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3
Q

Sovereignty

A

The right of a state to improve national laws to the users of its airspace

Sovereign airspace = rules of the state are in force

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4
Q

Territory

A

The airspace over a territory and its off shore installations (oil rigs)

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5
Q

High seas

A

All states have the right to fly over the high seas unhindered

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6
Q

Cabotage and what cant states do

A

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

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7
Q

All international flights

A

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

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8
Q

Contracting states have the right

A

Without delay to search a/c and docs of another contracting state

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9
Q

Documents to carry

A 
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
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10
Q

Cargo restrictions

A

No munitions of war may be carried in or above a state without the permission of that state

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11
Q

Photography restrictions

A

Need permission from the state to take Ariel photography

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12
Q

ICAO provides standardisation of

A

Technical
Economic
Legal

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13
Q

The assembly

A

The sovereign body

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14
Q

The council

A

The governing body

36 members

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15
Q

Air navigation body

A

Body responsible for proposing, familiarising and approving SARPS

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16
Q

ICAO regional structure and aims

A

7 regional offices over 9 regions

Aim - responsible for ensuring regional plans are kept up to date

17
Q

PANs

A

A explanation of a complex SARP

18
Q

International air services transit/ technical agreements

A

The technical freedoms

1 cross - privilege to fly across a member state
2 land - privilege to land in another territory

19
Q

International air transport agreements

A

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

20
Q

Tokyo convention

A

Offences and other acts committed on the a/c

Deals with penal law and the powers of the captain

21
Q

Powers of the captain discussed in Tokyo

A

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

22
Q

Warsaw Convention

A

Rules for international carriage by air

Rules and responsibilities of the carrier for compensation for PAX

23
Q

Geneva convention

A

Recognition of rights in the a/c

Outlaws double registration of a/c

Bans the transfer of registration unless all parties have been informed

24
Q

Rome convention

A

Damage caused by foreign a/c to 3rd partied on the surface

Makes the operator liable

25
Q

Hague convention

A

Unlawful seizure of the a/c (hijack)

26
Q

Montreal convention

A

Unlawful acts against the safety of civil aviation

Terrorism against a/c or navigation facilities

27
Q

IATA and its mission

A

Global trade organisation

Mission to represent, lead and serve the airline industry

28
Q

EASA mission statement

A

Produce rules and regs to promote the highest common standards of civil aviation safety and environmental protection in Europe and worldwide

29
Q

ATFM

A

Part of eurocontrol - air traffic flow management

30
Q

ECAC

A

Responsible for a common civil aviation policy across Europe

31
Q

Objective of the SES

A

Provision of air navigation services within the SES

Establish common req for the safe and efficient provision of air nav services in the community

32
Q

3 objectives of IATA

A

Seeks to improve the understanding between decision makers and the industry

Challenges unreasonable rules/ changes/ laws

Strives for sensible legislation

33
Q

What is the legal situation within the EU with regards to freedoms of the air

A

The EU only recognises the first 5 freedoms

34
Q

Which organisation finalises a SARP

A

Air navigation commission

35
Q

4 objectives of ICAO

A

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

Air Law (24 decks)

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