Chapter 1 Flashcards
Aviation Law and Legislation
When and what was the Paris Convention?
1919
The first international meeting of aviation oriented
General principles of aviation law and aviation procedures were agreed and adopted
What was the significance of the Chicago Convention and when did it take place?
It provided a moral obligation for contracting nations/states to provide safe and efficient ground and flight organisations in their territories
1944
What is the ICAO and when was it formed?
The International Civil Aviation Organisation promotes aviation standards and recommended practices internationally.
It is based in Montreal, Canada
Formed in 1947
When referring to ‘Articles’ in aviation law, what is meant?
These are the broad principles of the ICAO as laid down by the Chicago Convention
Where are the articles of of the ICAO laid down?
In a document known as DOC 7300
Who is responsible for implementing DOC 7300?
The contracting state
What are the airspace boundaries of a contracting state’s sovereignty?
It has complete and exclusive sovereignty over the airspace above its territory
What constitutes a state’s territory?
The land and territorial waters over which it has sovereignty
What is meant by Article 4 - Misuse of civil aviation?
Each state agrees not to use civil aviation for any purpose contrary to the aims of the Convention
What is meant by Article 5 - Right of non-scheduled flight?
Each state must allow aircraft from all other states to fly into or through its airspace or to land without prior permission.
Scheduled international flights are the exception
In remote areas or those with inadequate navigation facilities, prescribed routes or prior permission may then be necessary
When may an international flight not have to land at a customs airport?
If it has prior permission to cross the territory without landing
Who does a state have a duty to enforce an obedience of air rules upon?
Any aircraft operating within its territory or carrying its nationality mark
What are a state’s right of search?
They have the right to search any aircraft or inspect documents when arriving in or departing from its state
How is an aircraft’s nationality decided?
It is assigned by the state in which it’s registered
What are the rules regarding dual registration for an aircraft?
It may not be registered in more than one state, though it may be changed from one to another
What is outlined by Article 22 - Facilitation of formalities?
That it is a state’s duty to facilitate flights between territories and prevent unnecessary delays, particularly in relation to customer, immigration and quarantine
What is exempt from duty on an international flight?
Fuel, oil, spare parts and regular on-board equipment if it’s retained on board
What is an state’s duty to aircraft in distress?
To assist all aircraft in distress in its territory and allow the owners of the aircraft/state of its registration to assist as appropriate
Which ICAO state must conduct air accident inquiries?
That in which the accident occurred
How must each state facilitate international aviation?
By:
- Providing radio services, met services and air nav facilities to ICAO standards
- Providing operating standard systems for comms, markings, signals and lighting
- Cooperating internationally in the publication of aeronautical maps and charts
List the documents an aircraft must carry on an international flights
- Certificate of Registration
- Certificate of Airworthiness
- Licenses for crew
- Journey logbook
- Appropriate radio licenses
- A list of passengers and embarkation/destination points
- A cargo manifest
What are the conditions surrounding the carriage of radio equipment?
- Must be licensed by the state of registration
- Must comply with the regulations of the state being overflown
- The crew using it must be licensed by the state of aircraft registration
Where must an aircraft’s C of A be issued?
In the state of registration
When may a state not recognise a crew license?
When a flight overflying its own territory contains crew whose licenses have been issued by other states
