Chapter 1 International Legislation Flashcards
What did the Chicago convention create?
Created laws (known as SARPS)
What does SARPS stand for?
Standards and recommended practices
What is a standard?
A law
How many annexes does the Chicago convention consist of?
19
What is territorial airspace?
The airspace over a state’s territory, overs its waters and any off shore installation
Where do all states have the right to fly over unhindered?
The high seas
Define sovereignty?
The right of a country to impose national law upon its territorial airspace
Define suzerainty
The acceptance by a state of rules agreed at international conventions (even if the there is no need for them to adopt them)
What are the two bilateral agreeements?
- International air services transit agreement
- International air transport agreement
(Aka freedoms of the air)
What basis were the principles behind the freedoms of the air based on?
Bilateral agreements
What is the 1st freedom of the air?
The privilege to fly across the territory of another state without landing
(CROSS)
What is the second freedom of the air?
The privilege to land in another state for non-traffic purposes (e.g. refuelling)
(LAND)
What is the third freedom of the air?
The privilege to put down in a state, passengers, mail and cargo taken on in the state of aircraft registration
(TAKE)
What is the fourth freedom of the air?
The privelege to take on passage ever, mail and cargo destined for he territory of the state of registration
(BRING)
What is the fifth freedom of the air?
The privilege for an airline,registered in one state and on route to or from that state, to take on passengers, mail and cargo in a second state and put them down in a third state
(3rd STATE)
Which freedoms of the air are known as the technical freedoms?
1 and 2
Can’t be refused to a non scheduled international air services flight for political or economic reasons
Which freedoms of the air are known as the commercial freedoms?
3, 4 and 5
What is cabotage?
The transport of goods or pax between 2 points in the same country by an aircraft registered in another country or state
Can EU states be refused cabotage?
No
What must all international flights do when making the first landing in another country?
At a recognised international airport which provides customs, health and immigration facilities
To which flights is this not applicable to?
Flights from one EU state to another
When can a contracted state choose not to adopt a SARP?
It informs ICAO and publishes the difference in the National AIP
What much each state agree to do regarding search and rescue?
- 24 hour SAR
- Provide SAR procedures and facilities
- cooperate with neighbouring countries
- be ready to assist other countries with SAR
- ensure ares don’t overlap
What must every aircraft engaged in international navigation carry?
- Certificate of registration
- Certificate of airworthiness
- Crew member licenses
- Journey logbook
- Radio license (if equipped with a radio)
- A list of pax names with both names of embarkation and destination (only if pax are carried)
- Cargo manifest (if cargo is carried)
What can’t be carried in cargo in a states airspace with permission of said state?
Munitions of war
What the restrictions regarding photographic apparatus on aircraft?
Each contracting state can prohibit aircraft from taking photos in its territory
Who finalises SARPS?
By the ICAO air navigation commission and are submitted to the council for adoption
Do contracting states have the right tos search aircraft of another CS on landing or departure?
Yes (including certificates)
What are the aims and objectives of ICAO?
- Ensure the safe and orderly growth of aviation
- Encourage arts of aircraft design and operation
- Meet the needs for safe, regular, efficient and economical air transport
- Develop principles and techniques for international civil aviation
- Ensure the rights of CSs are fully respected
- Avoid discrimination between CSs
- Promote the safety of flight in international aviation
- Generally promote all aspects of international civil aeronautics
How many member states does ICAO consist of?
193
What many delegates and on what terms are elected?
36 delegates for 3 year terms
How many members does the air navigation commission consist of?
19
What is the air navigation commission responsible for?
Proposing, finalising and approving SARPS
How many regional offices and regions does ICAO have?
Regions = 9 Offices = 7
What are regional offices responsible for?
For keeping plans up to date
What are the 19 annexes of ICAO?
1 = personnel licensing 2 = rules of the air 3 = met services for international air navigation 4 = aeronautical charts 5 = units of measurement 6 = operation of aircraft 7 = aircraft nationality and registration marks 8 = air worthiness of aircraft 9 = facilitation 10 = aeronautical telecommunications 11 = ATS 12 = SAR 13 = aircraft accident investigations 14 = aerodrome 15 = aeronautical info services 16 = environmental protection 17 = security 18 = transport of dangerous goods by air 19 = safety management systems
What is a PANS?
A detailed explanation of complex SARP (approved but not adopted by the council)
What does PANS stand for?
Procedures for air navigation services
What does the convention of Tokyo consist of?
The state of registration has jurisdiction over offences and acts committed on board that may jeopardise the safety of the aircraft
In what state can a commander disembark a pax who has or is about to commit an offence?
Any state
Can the commander request the assistance of pax to restrain people onboard?
Yes but not require
When can a commander physically restrain a pax?
Acts jeopardising safety of a/c, persons, property or good order
What does The Hague convention deal with?
Unlawful interference (e.g. hijacking)
What does the Montreal convention deal with?
Acts of terrorism against an aircraft or navigation facilities
What does the Warsaw Convention deal with?
Responsibilities and liabilities against the safety of civil aviation (e.g compensation claims to with injury, loss of life, delays and loss of bags)
What does the Geneva convention deal with?
Recognition of rights of aircraft
Outlawed double registration but doesn’t prevent the state imposing its own laws
What does the Rome convention deal with?
Liability of the operator for damage cause by foreign aircraft to 3rd parties on the ground
What is IATA?
Global trade organisation
What is IATAs mission?
To represent, lead and serve the airline industry
What is the European civil aviation conference responsible for?
Common civil aviation policy across europe
What is EASAs mission statement?
To produce rules and regulations to promote the highest common standards of civil aviation safety and environmental protection
What is the purpose of eurocontrol?
Provides common ATC services in the airspace of member states and aims to strengthen cooperation in matters of air navigation
What is air traffic flow management (ATFM) part of?
Eurocontrol
What does regulation 261/2004 deal with?
Compensation and assistance to pax in the event of:
- denied boarding
- cancellation of flights
- long delays
Who is applicable to revaluation 261/2004?
- Scheduled and non scheduled flights
- pax departing from a member state airport
Who is obliged to carry out the requirements of regulation 261/2004?
The operating air carrier who performs the flight
What must the passenger do to be applicable to regulation 261/2004?
- have a confirmed reservation of the flight
- arrive in time for check in
- if no time for check in is given no later than 45 mins before departure time
- have been transferred from a reserved flight to another flight
Before denying boarding what must the airline do?
- first week volunteers to give up seats
- if insufficient volunteers the pax shall be immediately compensated
In the event of cancellation what can the pax choose to be compensated with?
- Re routing to destination ASAP
- later re-routing at the pax convenience
- refund of ticket
When must the airline make a cash compensation?
- €250 for all flights below or equal to 1500km
- €400 for all flights greater than 1500km inter eu flights or outside the EU.between 1500km and 3500km
- €600 for flights not falling under either of the above
When does the airline not need to give cash compensation?
- Notified at least 2 weeks before daprture
- Notified between 1-2 weeks prior and reroutes they pax so they can depart no more than 2 hours earlier and arrive no more than 4 hours later
- Notified less than 1 week prior and reroutes the pax so they can depart no more than 1 hour earlier and arrive no more than 2 hours earlier
- Cancellation was caused by extraordinary circumstances
When are pax entitled to refreshments if the delay is expected to be:
- 2 hours for flights 1500km or less
- 3 hours for flights greater than 1500km for eu flights or 1500-3500km for non eu flights
4 hours for all flights not falling I’m the two above
When re routing or re funding at the pax choice they can choose one of the following:
- refund of cost of ticket
- re routing at earliest opportunity
- re routing at the pax leisure subject to availability of seats
What are the regulations regarding refreshments, comms and accommodations according to 261/2004?
- meals proportional to waiting time
- 2 telephone calls, fax, telex or emails
- hotel accommodation and transport between the airport and the hotel
What format must refunds be paid in?
- in cash
- electornice bank transfer
- cheque
- with a signed agreement from pax they may also be paid with travel vouchers
What notice must be displayed by airline check in counters?
If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.
When an airline cancels a flight, denies a person boarding or incurs a delay exceeding 2 hours what must the airline provide to pax?
A written notice setting out their rights and the contact details of the national body enforcing the regulation
What is the priority of care?
1) PRMs
2) unaccompanied children
(Those accompanying the above)
