Prelims Flashcards
Cover almost all legal issues affecting aircraft and airport operations, including aircraft navigation and maintenance, air traffic control safety, and pilot licensing requirements.
Air Law
These are agreements and not mandatory; basis for creating the law.
Annexes
Created by the local judicial body and is mandatory; rules and regulations.
Law
When was the first powered heavier-than-air flight?
December 7, 1903
Where did the first flight take place
Kitty Hawk, North Carolina
Exact time when the first flight took off
10:35 AM
Who piloted the first powered heavier-than-air flight
Orville Wright
How high did Orville lifted off before the first powered heavier-than-air aircraft flight came to rest from where it had taken off
120ft
How long is the first powered flight in a heavier-than-air machine
12 seconds
Date when the first passenger-carrying flight happened
January 1, 1914
First passenger-carrying flight pilot
Antony Habersack Jannus (Tony Jannus)
Aircraft type of the first passenger-carrying flight
Benoist Type XIV
Where the Wright Brother’s live
Dayton, Ohio
Location (airport sort of) where the first passenger-carrying flight took off
St. Petersburg-Tampa Airboat Line
First passenger-carrying flight flew from ___ to ___. One way trip of $_ fare.
St. Petersburg; Tampa, Florida; 5
Key events which leads to the birth of air law
Trespassing airspace,
Paris International Air Navigation Conference 1910
World War I
Paris Convention of 1919
World War II
Chicago Convention of 1944
French aviator who flew across the English channel from France to England
Capt. Louis Bleriot
What was Germany testing and flying over the “airspace” of Switzarland without permission
Zeppelins
First situation stated in the trespassing of airspaces (1908 - 1909)
German balloons crossed the French territory
Who (country) was concerned after incidents of trespassing of airspace (1908 - 1909) which leads to Paris International Air Navigation Conference 1910
The French / France
How many European countries who attended the Paris International Air Navigation Conference 1910
19
Two countries who suggested wide freedom and national treatment of foreign aircrafts in the Paris International Air Navigation Conference 1910
Germany and France
Claims that a state should have complete sovereign right to the overlying airspace for national security reasons (PIAN Conference 1910)
Britain, Austria—Hungary, Russia
Initial general agreement (that was never signed) in the Paris International Air Navigation Conference 1910
States may designate zones where international flight would be prohibited
The Paris International Air Navigation Conference 1910 held a recess on ____ and supposed to reconvene on ____, but it never did.
June 29, 1910; November 29, 1910
Basically, time period in the birth of air law where aircraft became a military asset, was a primary weapon during the war, and was used internationall which threatened the country’s sovereignty that leads to Paris Convention of 1919.
World War I (1914 - 1918)
Formally, the Convention Relating to the Regulation of Aerial Navigation
Paris Convention of 1919
Forerunner to ICAO
International Commission for Air Navigation
Recognizes that “the contracting states recognize that every state has complete and exclusive sovereignty over the airspace above its territory”
Paris Convention of 1919
Attempted to reduce the confusing patchwork of regulations which differed by country by defining certain guiding principles provisions and was signed in Paris.
Paris Convention of 1919
When was the Paris Convention of 1919 signed?
October 13, 1919
Time period in the birth of air law where airplanes have improved exponentially and is now capable of crossing oceans and continents.
World War II (1939 - 1945)
Two countries who debated regarding who should control the airspace during world war II.
United States; Britain
US’s debate against Britain
“Freedom of the air”
Britain’s debate agains US
A legislation similar to that of the 1919 convention
US’s accusation to Britain
Britain would take advantage of thier vast land possession to control aviation because of their large colonies in Asia and Africa
Britain’s Accusation to US
Since US made bigger airplanes whoich could be easily converted to passenger aircrafts, carrying tourists to their country would be dne so easily that their economy could bloom easily as well. At that time, US economy was stronger than Britain.
Established to promote cooperation and create and preserve friendship and understanding among the nations & peoples of the world.
Chicago Convention of 1944
Includes provisions for safety and environmental regulation, and defined the rights and obligations of every nation as they relate to international airline operation.
Chicago Convention of 1944
Designed to replace the hundreds of patchwork individual agreements with a common system that would permit international commercial aviation to flourish.
Chicago Convention of 1944
How many countries were invited at the Chicago Convention of 1944?
55
Number of countries who met at the Chicago Convention of 1944 (number of attendees)
52
When was the Chicago Conevntion of 1944 signed?
December 7, 1944
When was the signed Chicago Convention of 1944 effective? (Date effective)
April 4, 1947
Chicago Convention of 1944 established the following:
- Rules of airspace
- Aircraft registration and safety
- ICAO
It recognized US and Britain’s debate which states that planes could fly over countries that had signed the convention without asking permission. If planes were to land and pick up passengers, they need to negotiate a specific agreement with that nation.
Rules of Airspace
Filipino representatives who attended, appeared, and ratified at the Chicago Convention of 1944
Jaime Hernandez, Urbano Zafra, Colonel Manuel Nieto, Joseph Foley
Jaime Hernandez current occupation/title at the time.
Secretary of Finance; Chairman of Delegation
Urbano Zafra’s current occupation/title at the time.
Economic Adviser to the President of the Philippine Commonwealth
Colonel Manuel Nieto’s current occupation/title at the time.
Secretary of Agriculture and Commerce
Joseph Foley’s current occupation/title at the time.
Manager, Philippine National Bank, New York Agency, Philippine Commonwealth
Role of the executive of the states to represent the state of international convention and then to ‘sign’ or otherwise agree to an international convention (or treaty).
Ratification
States the every state has complete and exclusive sovereignty over airspace above its territory
Article 1
Every other state must refrain from resorting to the use of weapons against civil aircraft in flight.
Article 3
The aircraft of states, other than scheduled international air services, have the right to make flights across state’s territories and to make stops without obtaining prior permission. However, the state may require the aircraft to make a landing.
Article 5
(Scheduled air services) No scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorization of that State.
Article 6
(Landing at customs airports): The state can require that landing to be at a designated customs airport and similarly departure from the territory can be required to be from a designated customs airport.
Article 10
Each state shall keep its own rules of the air as uniform as possible with those established under the convention, the duty to ensure compliance with these rules rests with the contracting state.
Article 12
(Entry and Clearance Regulations) A state’s
laws and regulations regarding the admission and departure of passengers, crew or cargo from aircraft shall be complied with on arrival, upon departure and whilst within the territory of that state.
Article 13
The authorities of each state shall have the
right to search the aircraft of other states on landing or departure, without unreasonable delay.
Article 16
Aircraft flying to, from or across, the territory of
a state shall be admitted temporarily free of duty. Fuel, oil, spare parts, regular equipment and aircraft stores retained on board are also exempted from customs duty, inspection fees or similar charges.
Article 24
Before an international flight, the PIC must ensure that the aircraft is airworthy, duly registered and that the relevant certificates are on board the aircraft.
Article 29
Required documents stated at Article 29 of the Chicago Convention of 1944
- Certificate of registration
- Certificate of airworthiness
- Passenger names, place of boarding and destination
- Crew licenses
- Journey Logbook
- Radio License
- Cargo manifest
The aircraft of a state flying in or over the territory of another state shall only carry radios licensed and used in accordance with the regulations of the state in which the aircraft is registered. The radios may only be used by members of the flight crew suitably licensed by the state in which the aircraft is registered.
Article 30
the pilot and crew of every aircraft engaged in international aviation must have certificates of competency and licensees issued or validated by the state in which the aircraft is registered.
Article 32
ICAO
International Civil Aviation Organization
Was established through the Chicago Convention after ratification of 26 states.
ICAO
When did ICAO became UN’s specialized agency
October 1947
ICAO Headquarters
Montreal, Canada
Provides set of standards which helps regulate aviation across the the world
ICAO
Classifies the principles and techniques of international air navigation, as well as the planning and development of international air transport to ensure safety and security
ICAO
Purpose of ICAO
1) Develop policies and standards in terms of safety
2) Have cooperation with the members of this organization
3) Minimum basis for creating the Law
3 Branches of ICAO
ICAO Assembly, ICAO Council, ICAO Secretariat
Compromised of all members which meets at least every three years; examines and takes action on reports from the council
ICAO Assembly
The ICAO council is composed of how many members elected by the assembly?
36
Election on the ICAO council is held every ___ years.
3
Submit annual reports to the assembly; makes/produces Standard and Recommended Practices
ICAO Council
SARPs
Standard and Recommended Practices
Responsible for implementing the policies set by the Assembly and for monitoring the effectiveness of the ICAO’s SARPs
ICAO Secretariat
Annex 1
Personal Licensing
Annex 2
Rules of the Air
Annex 3
Meteorological Services
Annex 4
Aeronautical Charts
Annex 5
Units of Measurement
Annex 6
Operation of Aircraft
Annex 7
Aircraft Nationality and Registration Marks
Annex 8
Airworthiness of Aircraft
Annex 9
Facilitation
Annex 10
Aeronautical Telecommunication
Annex 11
Air Traffic Services
Annex 12
Search and Rescue
Annex 13
Aircraft Accident & Incident Investigation
Annex 14
Aerodromes
Annex 15
Aeronautical Information Service
Annex 16
Environmental Protection
Annex 17
Security
Annex 18
The Safe Transportation of Dangerous Goods by Air
Annex 19
Safety Management
IATA
Internation Air Transport Association
Trade association of the global airlines which also supports airline activity
IATA
Helps formulate industry policy and standards; monitor fairness mainly on airlines
IATA
CANSO
Civil Air Navigation Services Organization
Representative body of companies that provide air traffic control; aiming of improving air navigation services
CANSO
CANSO is responsible for supporting over how many percent of world air traffic?
85
CANSO Headquarters
Amsterdam Airport, Netherlands
EASA
European Aviation Safety Agency
EASA was established on
July 12, 2002
Responsibilities of EASA
- regulation and executive tasks in the field of civil aviation safety
- analysis and research safety
- implementing and monitoring safety rules
- approval of type certification of new aircrafts
EASA’S Jurisdiction
EU
EU
European Union
Agency of the EU with responsibility for civil aviatoon safety
EASA
EASA Headquarters
Cologne, Germany
FAA
Federal Aviation Administration
FAA was established on
August 23, 1958
Civil Aviation Authority of US
FAA
FAA responsibilities
- airspace and air traffic management
- maintenance of air navigation facilities
- establishing aviation relations
- issuing, suspending, or revoking pilot licences
FAA 5 lines of business
1) ARP (Airport)
2) ATO (Air Traffic Organization)
3) AVS (Aviation Safety)
4) AST (Commercial Space Transportation)
5) ASH (Security and Hazardous Materials Safety)
NTSB
National Transportation Safety Board
*** in-charge of investigating accidents
CAAP
Civil Aviation Authority of the Philippines
A government-owned and controlled corporation attached to the Department of Transportation for the purose of policy coordination
CAAP
Legislative Act No. 3909 passed by the Philippines Legislature. The office handled aviation matters, particularly the enforcement of rules and regulations governing commercial aviation as well as private flying.
November 20, 1931
Legislative Act. that was passed on November 20, 1931
Legislative Act No. 3909
Amended by Act 3996 to include licensing of airmen and aircraft, inspection of aircraft concerning air traffic rules, schedules and rates and enforcement of Aviation Laws
Legislative Act No. 3909
When was Act 4033 passed requiring a franchise from the Philippine Government to operate an air service; and to regulate foreign aircraft operations
October 1934
First name of NAIA, formerly the Manila International Airport
Grace Park Field
When did the Philippine Legislature passed Commonwealth Act No. 168
November 12, 1936
Commonwealth Act No. 168 title
Civil Aviation Law of the Philippine (better known in March 1945)
When was the Executive Order no. 94 passed which recognized the government, transferred the Bereau of Aeronautics to the newly created department of commerce and industry and renamed it as CAA (Civil Aeronautics Admilnistrative)
October 1947
Executive Order no. 94
Transferred Bereau of Aeronautics to Department of Commerce and Industry + Renamed it as CAA
CAA
Civil Aeronautics Administrative
Republic Act No. 776
Civil Aeronautics Act of the Philippines
When was RA No. 776 passed
June 20, 1952
Recognized the CAA and another aviation agency called the CAB;
RA No. 776
CAB
Civil Aeronautics Board
Focuses mainly on the economival issues in aviation; defined the powers and duties of both agencies including its funding, personnel, and regulations of Civil Aviation
Civil Aeronautics Board
When was the Executive Order No. 546 passed
July 23, 1979
Exective No. 546
CAA was renamed as BAT
BAT
Bureau of Air Transport
When was the Executive Order No. 125 passed
April 14, 1987
Executive Order No. 125
BAT was renamed as ATO
ATO
Air Transportation Office
When was the Republic Act No. 9497 passed
March 23, 2008
RA No. 9497
CAAP was created
CAAP’s regulation shall apply to all persons operating or maintaining the following:
- Republic of the Philippines regustered aircraft
- Aurcraft registered in another contracting state that are operated by a person licensed by Republic of Philippines
- Aircraft of other states operating in Republic of Philippines
PCAR PART 1 Title
General Policies, Procedures, and Definitions
Sets forth the basic rules of construction, application of the regulations, definition applicable to more than one part, rules governing the administration of licenses and certification
PCAR PART 1
1.1.1.1 RULES OF CONSTRUCTION
- Shall (mandatory)
- “No person may” / “a person may not” (self-explanatory)
- May (discretion can be used)
- Will (cumpolsatory/action upon the authority)
- Includes (includes but is not limited to)
- Approved (well, approved)
- Acceptable (the authority neither objected/approved)
- Prescribed (imposes either a mandatory requirement)
- Should (recommended practices)
- RA 9497
Five hierarchical categories
- Part
- Subpart
- Section
- Subsection
- Paragraph
*** alohanumerically in the ff hierarchical order: (a), (1), (i), (A)
Primary subject area
Part
Subdivision of a part
Subpart
Subdivision of a subpart
Section
Can be subdivision of a subpart/section
Subsection
Text describing the regulations
Paragraph
1.2.1.1 DISPLAY AND INSPECTION OF LICENSE AND CERTIFICATE
a. Pilot Livense
b. Flight Instructor License
c. Other airman License
d. Medical certificate
e. ATO ((shall be displayed))
f. Aircraft certificate of registration
g. Aircraft airworthiness certificate
,,
k. Inspection of license