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ATPL Air law > International agreements and organisations > Flashcards

International agreements and organisations Flashcards

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1
Q

What is the Chicago convention

A

Created ICAO to administer / execute SARPS

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2
Q

What are SARPS

A

Standard and recommended practices

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3
Q

What is territorial airspace

A

Airspace over a states territory, over its waters, and any offshore installation

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4
Q

What is the high seas

A

Outside of territorial airspace

All states can fly over high seas unhindered

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5
Q

What is sovereignty

A

Right of a country to impose national law to users of states territorial airspace

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6
Q

Can states refuse non - scheduled flights

A

Not for economic / political reasons

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7
Q

What is cabotage

A

Transport of goods / pax from 2 points in the same country by a aircraft registered in another country or state

Most countries refuse this

Br cannot refuse it within EEC

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8
Q

Where must a international flight first stop

A

International airport with customs, health; immigration facilities

Not applicable to flights from one eu state to another but must obey immigration laws

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9
Q

Do you have to accept a SARP

A

No but under article 38 must;

Inform ICAO
Publish difference in national AIP

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10
Q

Search and rescue

A

Must endure 24 hour search and rescue available over their territory

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11
Q

What must every aircraft carry

A 
Certificate of registration 
Certificate of airworthiness 
Crew member licences 
Journey logbook 
Aircraft radio station licence

Passenger names, place of embarkation / destination

Cargo manifest and detailed declaration of cargo

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12
Q

Carriage of munitions above a state

A

Must not occur unless permission of that state

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13
Q

Photography over a state

A

Each state may prohibit or regulate the use of photographic apparatus

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14
Q

What is the ICAO navigation commission

A

Finalisation of SARPS

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15
Q

Does a contracting state have to implement a SARP

A

No can opt or as long as

Informs ICAO
Details differences in its AIP

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16
Q

Searching of aircraft

A

Contracting states can search aircraft without unreasonable delay

Also can inspect certificates and other documents prescribed by Chicago convention

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17
Q

Aims / objectives of ICAO

A

Ensure safe and orderly growth of international civil aviation throughout the world

Meet the need for safe, regular, efficient and economical air transport

Develop principles and techniques for international civil aviation

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18
Q

What is the ICAO sovereign body

A

Assembly

19
Q

What is the ICAO governing body

A

Council

20
Q

How many regional offices and regions does ICAO have

A

7 regional offices

9 regions

Regional offices responsible for keeping regional plans up to date

21
Q

What are PANS

A

Procedures for air navigation services

An explanation of a complex SARP

Approved by council whereas SARPS are adopted by council

22
Q

Freedoms of the air

A

1) CROSS - cross a territory without landing
2) LAND - in a territory for non traffic purposes (fuelling / maintenance)
3) TAKE - take goods to another state that are taken on in state of registration
4) BRING - bring goods to state of registration
5) 3rd STATE - on route to or from registered state to take on goods in a 2nd state and put them down in a 3rd state

23
Q

Convention of Tokyo

A

State of registration has jurisdiction over offences on board

Deals with penal law and powers of a captain

States are obliged to take all appropriate measures to restore control of aircraft to its lawful commander in case of unlawful seizure

24
Q

Powers of a captain

A

Any can jeopardising the food order and discipline on board may take any measures including restraint

Can authorise crew to help

Can ask pax but can not request pax

25
Q

What is The Hague convention

A

Hijack

= punishable by severe penalties

26
Q

What is Montreal convention

A

Suppression of unlawful acts against safety of civil aviation - terrorism against aircraft / navigation facilities

Protocol supplementary = terrorism at airports

27
Q

Warsaw Convention

A

Responsibilities / liabilities of carrier / agent for:

Compensation to passengers for injury or loss of life and delays and loss of baggage

A ticket forms a contract between the carrier and receiver = lose ticket = contract still valid

28
Q

Rome convention

A

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

Claimant can pursue through court of the state of residence = enforceable in state of operator

29
Q

International air transport association (IATA)

A

Global trade organisation

Challenged unreasonable rules

30
Q

European civil aviation conference (ECAC)

A

Responsible for common civil aviation policy across Europe

31
Q

EASA mission statement

A

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

32
Q

Eurocontrol

A

Air traffic flow management (ATFM) is part of eurocontrol

Provides common ATC services in air space of member states

33
Q

Single European sky’s (SES)

A

Provision of air navigation services in the single European sky

Establish common requirements

34
Q

Geneva convention

A

Outlaws double registration

All parties must be informed of registration transfer

35
Q

To what type of passenger does EU regulation 261/2004 apply

A

Departing from an EU member state or

Traveling to an EU member state on an airline based in an EU member state

Not less than 45 mins prior to scheduled departure

36
Q

Denied boarding EU regulation 261/2004

A

Before denying boarding airline must first seek volunteers to give up their reservation

If not then pax have 3 options:
Repayment of cost of ticket / flight back to point of departure

Re routing at earliest opportunity

Re routing at the pax leisured subject to availability

37
Q

If flight cancelled under EU regulation 261/2004

A

Pax can choose

Re routing to same destination ASAP

Or

A refund of ticket and a return flight to first point of departure

38
Q

Compensation under EU regulation 261/2004

A

€250 for flights < 1500km
€600 for flights outside EU >3500km

Airline does not need to make payment if:

Pax notified between 1/2 weeks prior and re routes pax so that they can:

  • depart no more than 2 hours earlier then scheduled
  • arrive no more than 4 hours later than scheduled

Or

Cancellation was because of extraordinary circumstances that could not have been avoided

39
Q

Delays under EU regulation 261/2004

A

Entitled to refreshments and communications if more than :

2 hours < 1500km

4 hours > 3500km outside EU

40
Q

Re routing under EU regulation 261/2004

A

Re routing or refund:

  • repayment or cost of ticket or flight back to point of departure
  • re routing at earliest opportunity
  • re routing at pax leisure
41
Q

Refreshments / communications under EU regulation 261/2004

A

If entitled to these then:

Meals / refreshments proportional to the waiting time

2 phone calls / fax / telex messages / emails

42
Q

Downgrade under EU regulation 261/2004

A

If downgraded pax can be refunded

30% <1500km
75% outside EU > 3500km

43
Q

Delay / cancellation = notification to pax under EU regulation 261/2004

A

If delay > 2 hours must give notice setting out their rights and who to contact

ATPL Air law (26 decks)

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