Air Law Flashcards
(169 cards)
What do the terms territory, sovereignty and suzerainty mean?
Territory - all the airspace with no vertical limit above the land within its borders and sea extending out by 12nm
Sovereignty - defines that the state can exercise its right to apply its own laws and customs to those in its territory
Suzerainty - is the authority of a dominant state over a subordinate state
When was the International civil aviation organisation founded and what was the outcome?
1944 Chicago convention and with it a release of 96 articles supported by 19 annexes
What 2 agreements did the convention produce?
- international air transport agreement
- international air services transit agreement
What is one of the main responsibilities of ICAO?
To maintain and develop the 19 annexes which contain the SARPS (standards and recommended practices) which provide the framework for national legislation.
What additional documentation does ICAO produce?
Procedures for air navigation services (PANS) which are not mandatory by law but most states abide/ integrate them
Augmenting the PANS are SUPPS which are supplementary procedures that take into account regional requirements
What does IATA stand for and do?
International air transport association is a private organisation with strong links to ICAO headquartered in Montreal Canada.
IATA is often used as an agent for inter airline cooperation and represents and leads the airline industry
What is the purpose of ECAC (European civil aviation conference)?
Promote the continued development of a safe, efficient and sustainable European air transport system.
What does Eurocontrol do?
Controls upper airspace management and air traffic control for the whole of Europe.
What did the European Aviation safety agency take over from and what are their primary responsibilities?
The joint aviation authority. They had no legal authority and as such for it to be enforceable had to be made into national law. EASA replaced this and has now enshrined aviation legislation into law.
Primary responsibilities are:
- rule making
- inspections, training, and standardisation programmes
- safety and type certifications of aircraft, engines and parts
- authorisation of non-EU operators
Define a certificate and rating?
Certificate - any approval, license or other documents issued as a result of certification
Rating - statement entered in license, setting forth privileges, special conditions or limitations pertaining thereto.
Provide some definitions of that which define a complex motor powered aircraft?
- maximum certificated take off mass greater than 5700kg or
- certificated to be able to carry >19 passengers or
- equipped with turbojet or turboprop engines or
- certificated to carry a minimum of at least 2 pilots
What are the five freedoms? What agreement are the set out in?
IASTA - freedom 1 and 2 - the technical freedoms which allow an aircraft to fly over (1) or into a signatory for technical reasons(2)
IATA - freedoms 3,4 and 5 - the commercial freedoms which allow passengers and freight onboard an aircraft from its registered home state to a signatory state of arrival (3). Allows freight and passengers to be picked up from state of arrival and return to home state (4) and finally allows passengers to be picked up or set down from states other than the home state (5).
What is cabotage?
The act of an aircraft registered in state B serving domestic routes in state A
What is the basic structure of ICAO and the count of member states/ individuals in each rung?
Assembly (meets every 3 years and elects)—->council (36 member states who seek guidance from)—–> commission (19 individuals were previously it was 15)
The standards within the annexes to the Chicago convention are to be considered:
Binding for the member states that have not notified ICAO about a national difference
True or false :
According to article 10, all aircraft entering a contracted state territory (unless crossing without landing and have permission to do so) must land at and depart from a customs airport.
True
True or false
Article 12 states that ICAO rules and procedures do not apply on the high seas
False
Does customs duty apply to aircraft parts, spares and aircraft stores if retained onboard after departure? What article does this apply to and if an aircraft is unserviceable in another contracting state does customs duty apply to the required parts being offloaded for the stricken aircraft?
Customs duty does not apply to aircraft parts, spares, stores, fuel, lubricating oils or regular equipment according to article 24.
The parts required to return the stricken aircraft to service are exempt from duty given that the contracting state regulations are upheld and these goods are logged/bonded in a customs store.
What are the documents every contracting state aircraft must carry that is engaged in international navigation?
According to article 29 the following documentation needs to be carried: Certificate of airworthiness Certificate of registration Crew and passenger manifest containing names, embarkation and departure points Aircraft radio station license Cargo manifest of detailed declarations Appropriate crew licenses Aircraft journey logbook
Which articles state that appropriate aviation infrastructure and assistance in distress situations is required?
Article 28 and 25
When was the Tokyo convention and what did it ratify?
1963 and gave jurisdiction to the state of registration of an aircraft in the event of criminal acts or offences committed onboard that aircraft
Tokyo also ratified the PICs authority and responsibilities in such situations and the procedure during unlawful interference
What did The Hague and Montreal conventions ratify? Where this updated and if so where and when?
The Hague convention was in 1970 and outlined the jurisdiction over offenders of unlawful seizure and interference including extradition
The Montreal convention 1971 outlined unlawful acts other than hijacking and the penalties and jurisdiction for these acts.
The Montreal and Hague conventions where updated in the Beijing convention in 2010 making the use of a civil aircraft as a weapon and targeting an aircraft using dangerous materials unlawful
What did the Rome and Warsaw conventions set out and when?
Warsaw,1929, set out the limit of liability for a carrier in case of serious injury or death of a passenger onboard an aircraft in any operations including embarking and disembarking with a claim period of 2 years
Rome, 1933, 1938 and 1953 was signed to define and provide the limit of liability of a carrier for damages caused to people on the ground.
What is flight time defined as?
The moment an aircraft moves under its own power to the moment it comes to rest at the end of a flight.