Chapter 1 Basics Of Legislation

Question 1

Chicago convention 1944

Answer 1

Is the foundation of modern aviation legislation.

Comprises of 96 articles and 19 Annexes to the convention, which detail the Standards and Recommended practices.

Question 2

Sovereignty

Answer 2

Αυτοκυριαρχία

Is the right of a state to impose its national law on users of its airspace, each state has total sovereignty of its airspace.

Question 3

Territory

Answer 3

The airspace over and within a states territorial borders.
Has no vertical limit but extends laterally as the borders of the state.
* if a state has sea boundaries, the territorial airspace extends beyond the land to meet with the agreed internationally limit of its waters.

Question 4

High Seas

Answer 4

All ships and aircrafts are allowed to pass unhindered.

All over the high seas ICAO rules are enforced.

Question 5

ICAO

INTERNATIONAL CIVIL AVIATION ORGANISATION

Answer 5

Headquarters are in Montreal.
Its an international body that develops the principals and techniques of international air navigation and fosters the planning and developing of international air transport.

Question 6

ICAO comprises of :

Answer 6

The Assembly
The Council
The Secretariat

Question 7

The Assembly

Answer 7

The Assembly (συνέλευση) comprises representatives from all contracting states and meets every 3 years to elect its governing body and review the work of the organisation.

The Assembly is the sovereign body of ICAO.

Question 8

The Council

Answer 8

The council comprises of 36 delegates elected every 3 years from the Assembly.
The council adopts the Standards and Recommended Practices.

Question 9

The Air Navigation Commission

Answer 9

Assists the council in technical matters and has 19 members appointed by the ICAO Council.
It is the responsible body that finalises and approved the (SARPS)

Question 10

Standards

Answer 10

All members are expected to incorporate the Standards into their aviation law.

Question 11

Recommend Practices

Answer 11

Procedures which states are recommended to adopt.

Question 12

Deviations from Recommended Practices

Answer 12

Deviations must be notified by the state to the ICAO Council within 60 days.

Then ICAO publishes the deviation at the supplement of the relevant annex.

The state is also required to publish the deviations in its AIP (aeronautical information publication)

Question 13

PANS (Procedures for Air Navigation Services)

Answer 13

PANS have lower status than SARPS therefore no notification is required by the states.

Its simply a detailed guidance for the SARPS.

Question 14

Technical freedoms

Answer 14

1st:
The right of the aircraft from state A to overfly state B without landing.

2nd:
The right of aircraft from state A to land in state B for technical reasons (but not traffic purposes)

Question 15

Commercial Freedoms

Answer 15

3rd:
The right of aircraft from state A to accept paying traffic from state A and fly it to state B.

4th:
The right of aircraft from state A to accept paying traffic from state B and fly it back to state A.

5th:
The right of state A to take traffic from state B and fly it to state C.

Question 16

What is Cabotage?

Answer 16

Cabotage is the transport of passengers and goods by state A within state B (domestic air transport by foreign carriers, strictly forbidden unless there is permission).

Question 17

What are the additional freedoms within the European Union ?

Answer 17

6th:
Right of state A to fly traffic between state B and state C via its own state.
7th:
Right of state A to fly traffic from state B to state C even though the services do not originate from state A.
8th:
Right of state A to transport cabotage traffic between two airports of state B before continuing the services to ones own state.
9th:
Right of stand alone cabotage.

Question 18

Why is EU considered as one state ?

Answer 18

With regards to peoples internal movement within the eu states.

Question 19

What is the Eurocontrol ?

Answer 19

The Eurocontrol is an international organisation that oversees and executes air traffic control services and traffic flow management in Europe.
HQ in Maastricht.

Question 20

IATA INTERNATIONAL AIR TRANSPORT ASSOCIATION

Answer 20

Is not a legal body but it is the global trade association that represents leads and serves the air transport (airline) industry.