Air Law Flashcards
(253 cards)
ICAO
International Civil Aviation Organisation
Where are principals of ICAO laid out?
Where & when were they established?
Articles from the Chicago Convention 1944
Article 1/2 - Sovereignty & territory
Nations have sovereignty over airspace over their territory (land and territorial waters)
Article 5 - Right of non-scheduled flight
States required to allow aircraft from other states to fly into or through airspace or land without prior permission.
They can demand a landing.
Can prescribe routes or prior permission for remote terrain.
Article 10 - Customs
(rights of states)
States can require aircraft to arrive or depart via customs airports, unless they have permission to cross territory.
Article 11 - Air regulations
(rules aircraft must follow)
All aircraft must obey rules of the state they are in
Article 12 - Rules of the Air
(requirements for states)
States must ensure aircraft within territory or registered to them obey RotA. Must endeavour to prosecute violators.
Article 13 - Entry & Clearance
(aircraft requirements)
States regulations on entry, clearance, immigration etc. must be followed by passengers, crew or cargo or on their behalf.
Article 16 - Search of Aircraft
(rights of states)
States have the right to search any aircraft and review documents on landing or before departure
Article 17 - Aircraft nationality
Aircraft nationality is the nationality of the state it is registered to.
Article 18 - Dual registration
Aircraft cannot be registered to more than one state, but can change state of registry.
Article 22 - Facilitation
(requirements for states)
States must facilitate flights between territories of other states and prevent unnecessary delays (e.g. customs)
Article 23 - Customs Procedures
(requirements for states)
States must establish customs & immigration procedures in accordance with international practice.
Article 24 - Customs Duty
(rights for aircraft)
Aircraft entering states territory are temporarily free of duty, along with fuel, parts, oil (etc.) as long as they stay on board.
Article 25 - Distress
(requirements for states)
States must assist aircraft in distress and allow state of registry and aircraft owners to assist.
Article 26 - Accident Investigation
(who investigates)
The state in which an accident takes place carries out the investigation, the state of registry can observe.
Article 28 - Air navigation systems
(requirements for states)
States must:
- Provide ICAO standard radio, meteorological and air navigation systems
- Operate standard systems for communications, signals etc.
- Publish aeronautical charts
Article 29 - Documents
(requirements for aircraft) (7)
- Certificate of Registration
- Certificate of Airworthiness
- License for each crew member
- Journey logbook
- Radio licenses
- Passengers names, embarkation & destination
- Cargo manifest & declarations
Article 30 - Radio Equipment
(requirements for aircraft)
Aircraft can only carry radio equipment licensed in their state of registry, and only be operated by licensed crew members.
Article 33 - License recognition
(requirements for states)
States must recognise airworthiness and crew licenses of other states provided they meet ICAO standards.
Article 35 - Cargo restrictions
Weapons and munitions must not be carried in a states territory without permission.
States may prohibit carriage of other items for safety or public order reasons.
Article 36 - Photographic Apparatus
States may ban use of photographic equipment over the state
Article 39 - Endorsement of licenses/certificates
Aircraft failing to meet airworthiness standards, or crew failing to meet international standards, should have airworthiness certificates/licenses endorsed.
Article 47 - ICAO Legal Capacity
States must grant ICAO legal capacity required to carry out their role.