Chapter 2 - Aviation Law

Question 1

Chicago Convention

Answer 1

Convention on International Civil Aviation Organisation (ICAO)

• 1944, 52 States, Created 19 Annexes
• Standards are Laws
• Recommended as said
• Created ICAO to administer and execute SARPs

Question 2

Sovereignty

Answer 2

The right of a country to impose the national law to the users of the states territorial airspace

Question 3

Suzerainty

Answer 3

The acceptance by a state of the rules agreed at the international conventions, even if there is no need for the state to adopt these rules

Question 4

Scheduled Flights

Answer 4

Agreement between two states;

• how many flights within a period
• what aerodromes are to be used
• time of day or night
• any reciprocal arrangements
• states not obliged to grant permission
• states cannot refuse a scheduled flight for political reasons

Question 5

Cabotage

Answer 5

Is the transport of goods or passengers between two points in the same country by a vessel or aircraft registered in another state

• most countries refuse cabotage
• BUT cannot refuse cabotage to an EEC state (European Economical Community)

Question 6

Customs and Immigration

Answer 6

All international flights must make the first landing at an international airport which provides customs, health and immigration facilities (Not applicable to EU states)

Question 7

International Obligations and Contracted State

Answer 7

A contracted state does not have to adopt a SARP as long as it informs ICAO and publishes the difference in the National AIP

Question 8

Search and Rescue

Answer 8

• Ensure the service is available on a 24 hour basis
• Provide S&R procedures and facilities within their territory
• Cooperation with an adjacent state/territory
• Ensure the areas do not overlap
• Be ready to assist other states in S&R aoperations

Question 9

Photographic Apparatus

Answer 9

States are able to prohibit or regulate the use of photographic apparatus in an aircraft over their territory

Question 10

SARPS

Answer 10

SARPS are finalised by the ICAO air navigations committee and submitted to the council for adoption

Question 11

ICAO

Answer 11

• Meet the need for safe, regular and efficient air transport
• Ensure the safe and orderly growth of international civil aviation throughout the world
• Develop principles and techniques for international civil aviation

Question 12

Organisation of ICAO

Answer 12

• Sovereign Body - The Assembly
• The Governing Body - The council (33 members)
• The committees and commissions
• The Secretariat

Question 13

Air Navigation Commission

Answer 13

• Purposes
• formulates
• Finalises SARPS
• Presents them to the council for adoption

Question 14

Regional Structures

Answer 14

• 7 regional offices

- 9 regions

Question 15

Procedures of the air (PANS)

Answer 15

A PANS is an explanation of a complex SARPS

Question 16

Freedoms of the air

Answer 16

• CROSS
• LAND
• TAKE
• BRING
• 3rd STATE

Question 17

Convention of TOKYO

Answer 17

• The state of jurisdiction has authority over offences committed onboard the aircraft
• deals with penal law and powers of the captain

Question 18

Hague and Montreal convention

Answer 18

HAGUE - Unlawful interference/seizure

MONTREAL - Suppresion of unlawful acts against the safety of civil aviation (At airports)

Question 19

Warsaw Convention

Answer 19

Responsibilities and liabilities of the carrier/agent

• compensation of passengers for injury or loss of life and delays or lost baggage
• the issuing of a passenger ticket, luggage ticket, or consignment note
• forms a contract between the two parties
• not affected by loss of ticket

Question 20

Rome convention

Answer 20

Liability of the operator for damage caused by foreign aircraft to 3rd parties on the ground

Question 21

International Air Transport Association (IATA)

Answer 21

• global trade organisation
• seeks to improve understanding between decision makers and the industry
• challenges unreasonable rules/charges/laws
• strives for sensible legislation

Question 22

European Civil Aviation Conference (ECAC)

Answer 22

Responsible for common Civil Aviation policy across Europe

Question 23

European Aviation Safety Agency (EASA)

Answer 23

• mission statement “to produce rules and regulations to promote the highest common standards of Civil Aviation safety and environmental protection in Europe and worldwide”

Question 24

Single European sky

Answer 24

• This single agreement between European states was published with objective being;
• the provision of air navigation services in the single European sky
• to establish common requirements for the safe and efficient provision of air navigation services in the community

Question 25

Geneva Convention

Answer 25

Convention on international recognition of light aircraft

• outlawed double registration
• made the address of the registering authority appear on the CofR
• banned the transfer of registration unless all parties have been informed
• states that the articles would not prevent a state imposing its own laws, immigration, customs and air navigation