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Air Law > Chapter 1 International Legislation > Flashcards

Chapter 1 International Legislation Flashcards

1
Q

What did the Chicago convention create?

A

Created laws (known as SARPS)

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2
Q

What does SARPS stand for?

A

Standards and recommended practices

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3
Q

What is a standard?

A

A law

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4
Q

How many annexes does the Chicago convention consist of?

A

19

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5
Q

What is territorial airspace?

A

The airspace over a state’s territory, overs its waters and any off shore installation

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6
Q

Where do all states have the right to fly over unhindered?

A

The high seas

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7
Q

Define sovereignty?

A

The right of a country to impose national law upon its territorial airspace

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8
Q

Define suzerainty

A

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

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9
Q

What are the two bilateral agreeements?

A
  • International air services transit agreement
  • International air transport agreement

(Aka freedoms of the air)

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10
Q

What basis were the principles behind the freedoms of the air based on?

A

Bilateral agreements

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11
Q

What is the 1st freedom of the air?

A

The privilege to fly across the territory of another state without landing

(CROSS)

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12
Q

What is the second freedom of the air?

A

The privilege to land in another state for non-traffic purposes (e.g. refuelling)

(LAND)

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13
Q

What is the third freedom of the air?

A

The privilege to put down in a state, passengers, mail and cargo taken on in the state of aircraft registration

(TAKE)

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14
Q

What is the fourth freedom of the air?

A

The privelege to take on passage ever, mail and cargo destined for he territory of the state of registration

(BRING)

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15
Q

What is the fifth freedom of the air?

A

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)

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16
Q

Which freedoms of the air are known as the technical freedoms?

A

1 and 2

Can’t be refused to a non scheduled international air services flight for political or economic reasons

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17
Q

Which freedoms of the air are known as the commercial freedoms?

A

3, 4 and 5

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18
Q

What is cabotage?

A

The transport of goods or pax between 2 points in the same country by an aircraft registered in another country or state

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19
Q

Can EU states be refused cabotage?

A

No

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20
Q

What must all international flights do when making the first landing in another country?

A

At a recognised international airport which provides customs, health and immigration facilities

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21
Q

To which flights is this not applicable to?

A

Flights from one EU state to another

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22
Q

When can a contracted state choose not to adopt a SARP?

A

It informs ICAO and publishes the difference in the National AIP

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23
Q

What much each state agree to do regarding search and rescue?

A
  • 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
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24
Q

What must every aircraft engaged in international navigation carry?

A
  • 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)
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25
Q

What can’t be carried in cargo in a states airspace with permission of said state?

A

Munitions of war

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26
Q

What the restrictions regarding photographic apparatus on aircraft?

A

Each contracting state can prohibit aircraft from taking photos in its territory

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27
Q

Who finalises SARPS?

A

By the ICAO air navigation commission and are submitted to the council for adoption

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28
Q

Do contracting states have the right tos search aircraft of another CS on landing or departure?

A

Yes (including certificates)

29
Q

What are the aims and objectives of ICAO?

A
  • 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
30
Q

How many member states does ICAO consist of?

A

193

31
Q

What many delegates and on what terms are elected?

A

36 delegates for 3 year terms

32
Q

How many members does the air navigation commission consist of?

A

19

33
Q

What is the air navigation commission responsible for?

A

Proposing, finalising and approving SARPS

34
Q

How many regional offices and regions does ICAO have?

A 
Regions = 9
Offices = 7
35
Q

What are regional offices responsible for?

A

For keeping plans up to date

36
Q

What are the 19 annexes of ICAO?

A 
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
37
Q

What is a PANS?

A

A detailed explanation of complex SARP (approved but not adopted by the council)

38
Q

What does PANS stand for?

A

Procedures for air navigation services

39
Q

What does the convention of Tokyo consist of?

A

The state of registration has jurisdiction over offences and acts committed on board that may jeopardise the safety of the aircraft

40
Q

In what state can a commander disembark a pax who has or is about to commit an offence?

A

Any state

41
Q

Can the commander request the assistance of pax to restrain people onboard?

A

Yes but not require

42
Q

When can a commander physically restrain a pax?

A

Acts jeopardising safety of a/c, persons, property or good order

43
Q

What does The Hague convention deal with?

A

Unlawful interference (e.g. hijacking)

44
Q

What does the Montreal convention deal with?

A

Acts of terrorism against an aircraft or navigation facilities

45
Q

What does the Warsaw Convention deal with?

A

Responsibilities and liabilities against the safety of civil aviation (e.g compensation claims to with injury, loss of life, delays and loss of bags)

46
Q

What does the Geneva convention deal with?

A

Recognition of rights of aircraft

Outlawed double registration but doesn’t prevent the state imposing its own laws

47
Q

What does the Rome convention deal with?

A

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

48
Q

What is IATA?

A

Global trade organisation

49
Q

What is IATAs mission?

A

To represent, lead and serve the airline industry

50
Q

What is the European civil aviation conference responsible for?

A

Common civil aviation policy across europe

51
Q

What is EASAs mission statement?

A

To produce rules and regulations to promote the highest common standards of civil aviation safety and environmental protection

52
Q

What is the purpose of eurocontrol?

A

Provides common ATC services in the airspace of member states and aims to strengthen cooperation in matters of air navigation

53
Q

What is air traffic flow management (ATFM) part of?

A

Eurocontrol

54
Q

What does regulation 261/2004 deal with?

A

Compensation and assistance to pax in the event of:

  • denied boarding
  • cancellation of flights
  • long delays
55
Q

Who is applicable to revaluation 261/2004?

A
  • Scheduled and non scheduled flights

- pax departing from a member state airport

56
Q

Who is obliged to carry out the requirements of regulation 261/2004?

A

The operating air carrier who performs the flight

57
Q

What must the passenger do to be applicable to regulation 261/2004?

A
  • 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
58
Q

Before denying boarding what must the airline do?

A
  • first week volunteers to give up seats

- if insufficient volunteers the pax shall be immediately compensated

59
Q

In the event of cancellation what can the pax choose to be compensated with?

A
  • Re routing to destination ASAP
  • later re-routing at the pax convenience
  • refund of ticket
60
Q

When must the airline make a cash compensation?

A
  • €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
61
Q

When does the airline not need to give cash compensation?

A
  • 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
62
Q

When are pax entitled to refreshments if the delay is expected to be:

A
  • 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
63
Q

When re routing or re funding at the pax choice they can choose one of the following:

A
  • refund of cost of ticket
  • re routing at earliest opportunity
  • re routing at the pax leisure subject to availability of seats
64
Q

What are the regulations regarding refreshments, comms and accommodations according to 261/2004?

A
  • meals proportional to waiting time
  • 2 telephone calls, fax, telex or emails
  • hotel accommodation and transport between the airport and the hotel
65
Q

What format must refunds be paid in?

A
  • in cash
  • electornice bank transfer
  • cheque
  • with a signed agreement from pax they may also be paid with travel vouchers
66
Q

What notice must be displayed by airline check in counters?

A

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.

67
Q

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

A written notice setting out their rights and the contact details of the national body enforcing the regulation

68
Q

What is the priority of care?

A

1) PRMs
2) unaccompanied children

(Those accompanying the above)

Air Law (26 decks)

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