Air Law and Regulations Assignment Sample

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INTRODUCTION

To execute and regulate the air traffic effectively there is need to have proper rules and laws which will be helpful to the legislative authorities in nations. In the present report there will be discussion based on Chicago Convention which was the new reform in developing the International Civil Aviation Organisation (ICAO) which in turn helps in regulating the air traffic in the country. The report will highlight all the articles which were made in relation with developing the framework of the operation.

Purpose of Chicago Convention

The preparation of that convention was in 1944 and was signed by 52 states which has started the operations from April 1947. It is regulated by United Nations specialized agency who promote the framework of such convention. It helps in regulating and controlling the international sir traffic which is normally belongs to controlling the Airspace and Aircraft registration, rights as well as safety (Dierikx, 2018). It will be beneficial to regulate and inspect the wants and requirements in an aviation industry. However, it has brought the freedom to each state and territory in terms of making the adequate implication of such articles and operation the aviation system. The fruitfulness of such reforms is that it exempt the fuel charges from taxes. Thus, it can be said that the aviation industries are not bound to pay taxes over the fuel consumed by the aircraft. However, the freedoms which are facilitated to such nation can be as follows:

1

It the right which has been facilitated to the aviation corporation that they can fly over a country without landing in there.

2

The right has been assigned to the aircraft and aviation entities that they can refuel the tank and have the repair of maintenance in the foreign country.

3

One can fly from own nation to another nation (Chicago Convention, 2016).

4

One and take-off from the foreign nation to the home country.

5

The aviation company has right to fly over 2 other country for having the lending and take-off from the home nation.

6

The aviation entity is benefited to take a fly from one foreign nation to another and have the lending in home nation.

7

They have right to fly over the foreign countries while not operating flights form such countries.

8

One can have flights from two or more airports while having the operational predicates from own nation.

9

The right is to have the flying operation in a foreign nation without operating in the home nation.

Articles of International Civil Aviation Organisation (ICAO)

In order to develop the appropriate legal framework and operational rules and regulation there is need to have proper access and analysis through implicating the various articles. These are the articles which are being signed by the 52 states and it ensures the proper obey of such principles and applications of the convention. However, the 96 articles will be analysed as follows:

Article 1

Sovereignty

It can be said that there is right to have the sovereignty and ability to redesign the operations in every states in air space I its territory.

Article 2

Territory

The protection of the national territory and resources such as territorial water will be adjacent as it has sovereignty, Mandate of protection and Suzerainty.

Article 3

State and Civil Air crafts

1. The applicability of the convention only to civil aircraft.

2. The applicability of the state aircraft will come under military, costumes and police services.

3. There is need to have proper acceptance and approval from all the states on which the craft is flying which will be in the written agreement.

4. The right of civil aircraft to have due regards and regulatory execution of state authorities.

Article 4

Misuse of Civil aviation authorities

It has been implicated that the state aviation is restricted for using the civil aviation in any terms or for any inconsistent purpose.

Article 5

Non- scheduled flights

In relation with such flights and operations of the aviation entities in the contracting states does not have the right to modify and make changes in the flight schedule of the international flights. However, safety and security purposes they can have the changes in the schedules and in lending priorities.

Article 6

Air service scheduling

One state cannot schedule the international flight in the territorial perspective. It can be scheduled and modified only if the special permission was granted to them by the authorities. They will have the changes in the flight schedules only if the right and permission to make changes facilitated to such states.

Article 7

Cabotage

It has clearly been stated that no state has right to take passenger, employees of make any agreement within the national boundaries of the another nation. Therefore, to perform such kinds of operations one should have acquired the approval for making agreements.

Article 8

Aircraft without pilot

It has been marked there that no aircraft has right to have flight without presence of any pilot. Therefore, it will be treated as the dangerous action of an aviation company to take-off a flight without any pilot.

Article 9

Prohibited locations

1. It has the rights to the state to no perform the operational practices over such area which has some issues in relation with the military purpose. Therefore, the issue has been rises here with the consideration of public safety, security etc. However, such requirements has been stated in the contracts among the stated and may be on the alternative events which provokes the restriction of such territory.

2. It is a right which is awarded to the state to restrict the flying over such places which are having the issues during the emergency, public safety and effects of such state.

3. The right is to regulate the flight such stopping it before reaching the final destination. It will belong to the issues in 1 and 2 of the same article.

 

Article 10

Custom airport lending

Aeroplane have permission to land across territory and shall depart from the same custom airport only which shall be published by State government. It has been permitted to them as they can cross the national territory of any state without landing in the such state while as if they land in the state than the civil aviation organisation will have authority to conduct the custom services.

 

Article 11

Air regulations

The regulation states that arrival or departure of aircraft shall be applied to states indulge in contracting despite of distinction. The contracting state will have the adequate admission to the departure from its territory of aircraft which will be engaged in the international air navigation.

 

Article 12

Applicability of Air rules

All aircraft flying shall be abide by the rules which are applicable to aeroplane whether flying in national territory or not. It is mandatory for all the aircraft aviation centre to have implication of the necessary laws and regulations specially the craft carrying in the nationality mark.

 

Article 13

Regulations related to entry and clearance

The laws apply to entry, clearance, customs and other purpose shall be complied by passengers. It will be performed at the time of arrival and departure of a person from a state to another. These are the informations such as immigration, passport, customs etc. are need to be under observation of the passenger and the legal authority.

 

Article 14

Disease prevention

Necessary prevention from various diseases shall be taken with reference to sanitary measures. Mostly the diseases like cholera, typhus, yellow fever, smallpox, plague etc. are the communicable diseases which can be spread easily and affect the health of the group of individual sitting in the craft.

 

Article 15

Charges including of airport

Various charges shall be imposed on account of facilities provided in air navigation.

1. If the aircraft is not able to perform the internal air services due to any engagement in other schedules than the national aircraft has to make arrangements for such schedules.

2. This is necessary for the national aircraft to make facilitate the adequate services to the international air services.

 

Article 16

Finding aircraft

The authorities have the right to find aircraft without any delay whether on landing or departure.

 

Article 17

Aircraft nationality

Aircraft must have nationality of particular state registered in it.

 

Article 18

Double Registration

Aeroplanes cannot be registered in one or more states, registration may be easily changed.

 

Article 19

National regulations

Registration may be made with reference to complying of national regulations on prior basis.

 

Article 20

Providing marks

Aircraft should display marks with which it is legally registered while engaged in international navigation.

 

Article 21

Report on registration

Contracting State is under liability to provide reports to ICAO on registrations made. Here each contracting state is needed to report the international civil aviation organisation under such regulations which are required to control the aircraft registration as well as air navigation services.

 

Article 22

Formalities

All measures should be taken so that no flight delays and to prevent delays to cargo should be made. These are necessary to manage the flight

 

Article 23

Process of immigration and custom

Time to time procedures should be adopted with reference to custom and immigration affecting air navigation.

 

Article 24

Provision related to custom duty

Free of custom duty should be applied on fuel, lubrication oils and other aircraft equipments.

a. There are several free duties which are need to be facilitated by the contracting states as per the arrival of the craft in the territory such as fuel, oil lubricants, regular equipments, spare parts etc.

b. Importing the equipments and spare parts from the contracting states which need to be free of cost and free from the custom duties.

 

Article 25

Aircraft in discomfort

Proper and practical measures which are necessary should be permitted and provided by State authorities. It facilitates the adequate authority to the states in which they can be helpful to find the missing aircraft.

 

Article 26

Incident investigation

In the event of any accident or injuries occurred in aircraft, investigation enquiry needs to be set up by State authorities.

 

Article 27

Exempting from takeover of claims of patents

No seizure of aircraft or any claim may be taken against operator or owner.

a. There has been exemption of parts, accessories, construction, mechanism, patents, models or designs etc.

b. State is bound to facilitate patented parts and equipments which are necessary for the repair of the aircraft.

c. The benefits of this article is only helpful to those states which are having the protection for the industrial property and laws to protect the inventions.

 

Article 28

Standards and air navigation amenities

It is required to provide air navigation facilities and standard system of codes, markings etc.

a. Facilitating the meteorological services, air navigation facilities and various radio services which is need to be meet with the standard.

b. This is the most adequate and appropriate standard system of communication procedure, markings, signals, lightings, codes etc.

C. There is need to develop the collaboration which will be helpful in recommending the aviation industry on time to time basis.

 

Article 29

Necessary documents in aircraft

Aircraft should carry out documents such as registration certificate or appropriate licenses.

A. The certificate of registration

B. Airworthiness certificates

C. Proper licensing of crew members

d. Log book of the trip

e. Licensing of radio station etc.

 

Article 30

Radio equipment

Radio equipments must be installed in aircraft and flight crew should use the same.

 

Article 31

Airworthiness certificate

All aircraft registered under State must be imparted with certificate of airworthiness legally.

 

Article 32

Personnel's Licenses

Pilot of the aircraft and other crew members should be provided with competency certificates and other licenses by concern State.

 

Article 33

Licenses and certificates' recognition

The licenses and other certificates issued by the State authorities shall be recognised and equal or more than minimum standards.

 

Article 34

Log books

Log books related to various journeys should be maintained and provided in aircraft indulge in air navigation.

 

Article 35

Restriction on cargo

Restrictions on cargo should be imposed and prohibited from carrying cargo above territorial boundaries.

 

Article 36

Restriction on Photographs

No photographs shall be taken and as such, prohibition shall be imposed on taking photographs in aircraft.

 

Article 37

Complying with International standards

International standards should be adopted so that measures can be easily taken such as implementing standards of ICAO

a. Providing better communication system and ground marking

b. Managing the landing area

c. Rules of the air traffic control

d. Licensing of the mechanical personnel

e. Airworthiness for aircraft

f. Identification and proper registration of crafts.

 

Article 38

Departure from international process

If any aircraft finds difficult to adopt standards of ICAO, then it shall immediate write letter in not complying with international standards to it.

 

Article 39

Endorsing licenses

Failing to adherence to abide by standards, licenses and certificates shall be endorsed or attach with airworthiness.

 

Article 40

Validity of endorsements

Aircraft shall be restricted to participate in international navigations if licenses and certificates are endorsed.

 

Article 41

Recognising existing standards

No applicability to aircraft of such type prior to three years of date should be submitted.

 

Article 42

Recognising existing standards of personnel's competency

It is not applicable to personnel's whom license was issued prior to one year after adopting standard qualifications.

 

Article 43

Composition and name of organisation

The name should be made up of Assembly, Council and named after ICAO international authority.

 

Article 44

Organisation's objectives

Encouraging development of airway sector, design and air navigation facilities and safety of international civil aviation to foster development.

a. To control the safety and growth of international civil aviation.

b. Designing the air craft design and peaceful operations.

c. Capital development such as airways, navigation services, airports etc.

 

Article 45

Provision related to permanent seat

Final interim meeting of international authority should decide upon the permanent seat of company.

 

Article 46

First meetings

Interim council shall take first meeting when convention come into legal force at decided time and place.

 

Article 47

Capacity of organisation

Organisation shall be provided legal capacity to enjoy juridical personality wherever, it can be applicable to the same.

 

Article 48

Assembly Meetings

Annual meetings shall be convened at decided time and place and moreover, equal rights shall be provided to Council

 

Article 49

Assembly Duties

Power should be provided to assembly to elect officers and other matters and have the full right to adhere to.

1. Meetings with the president and relevant professionals

2. Analysing and implicating the appropriate actions as well as reporting to the council.

3. Voting based budgetary decisions.

4. Appropriate modifications of the amendments etc.

 

Article 50

Council's composition and election

The council shall consist of twenty-one contracting States. After first meeting, next shall be held after three years.

 

Article 51

Council's President

President shall be elected by council for term of not more than three years. Again, he can be elected for continuing position.

 

Article 52

Voting

Decisions taken by the council is required to approved by majority of members electing for the same.

 

Article 53

Participating without having vote

Contracting State can participate without having vote. However, it is not applied where party is under dispute

 

Article 54

Compulsory function

Council has the function of submitting annual reports and carrying out liabilities imposed by the assembly. Air Navigation Commission shall also be established.

 

Article 55

Permitted function of Council

It can carry out goals of Convention, formulate subordinate air transport commission and delegation of authorities of air commission.

 

Article 56

Appointment and nomination of air navigation commission

The commission shall consist of twelve members from persons nominated by contracting States which are duly appointed by Council.

 

Article 57

Commission's duties

The commission has duties such as recommending Council for implementing Annexes, implementing technical sub-commissions and providing advice to Council.

 

Article 58

Personnel's appointment

Council has the right to appoint personnel's relating to method of appointing, termination, salaries and training etc.

 

Article 59

Personnel's international character

Contracting State is under liability to respect international character of personnels and as such, not discharge their duties with regards to personnels.

 

Article 60

Personnel's privileges

Privileges and immunities should be provided to the personnels and Council and Secretary General are under duty to adhered to.

 

Article 61

Budgets and Expenditures

Council has the responsibility to provide estimation of expenditures and receipts and annual budgets as well

 

Article 62

Suspend from voting

When financial liabilities are not discharged by the organisation, Assembly has the right to suspend from voting

 

Article 63

Delegations' Expenditures

Contracting State should bear expenditures incurred on various representatives relating to travel, remuneration etc.

 

Article 64

Arrangements for providing security

By voting in Assembly, world security arrangements shall be provided with any organisation to initiate peace

 

Article 65

Arrangements with international authorities

Agreements can be entered with other international authorities to maintain services and for arranging services for personnel.

 

Article 66

Functions of agreements

Functions are required to be carried out which are provided by International Air Services Transit Agreement.

 

Article 67

Reports to Council

Council shall be provided traffic reports, statistics reports and final accounts by the contracting Council.

 

Article 68

Routes and airports' designation

Routes are required to be designated which is required to abide by international air service in its territorial boundaries and same apply to airport.

 

Article 69

Improving upon air navigation facilities

Improvement should be made if any radio or other facilities are not adequate for safety purpose and initiating economical services

 

Article 70

Initiating finance for air navigation facilities

State is under liability to bear all expenditures incurred in such arrangements and recommendations shall also be provided. Contracting States shall bear expenses for financing purpose.

 

Article 71

Provision and initiating facilities

Council may provide facilities if it is requested by the contracting State regarding maintenance of airports

 

Article 72

Acquiring land

Land can be provided to contracting State on requesting upon Council for carrying tasks effectively

 

Article 73

Expenses and funds

The Council can assess requirement of capital funds over a particular time frame to contracting State. The council shall provide capital requirements to State.

 

Article 74

Provision for technical assistance and using revenues

Funds shall be provided on the request of contracting State and other technical assistance shall also be imparted by Council.

 

Article 75

Taking amenities from Council

Contracting State has the right to discharge liabilities and take airports and other amenities which are provided by Council.

 

Article 76

Returning funds

Funds shall be returned to contracting State of any reimbursements and amortisation payments by the Council

 

Article 77

Permission to joint organisations

No restriction should be made regarding operations of joint organisations but they should strictly adhere to rules.

 

Article 78

Council's function

Contracting State are granted permission to joint organisation to operate freely from any route

 

Article 79

Provision for participating in organisations

State can participate in joint operating organisations through various ways. Companies may be owned by State, privately owned.

 

Article 80

Conventions of Habana and Paris

Contracting State is required to give immediate notice to various authorities of Habana and Paris. The laws of air navigation for Habana and Paris shall be effective followed.

 

Article 81

Registering existing agreements

It is required that contracting State should register existing agreements with Council while coming in force of this Convention.

 

Article 82

Cancellation of inconsistent agreements

All the inconsistent agreements are required to be cancelled having inadequate terms and conditions.

 

Article 83

Registering new arrangements

New arrangements are required to be registered having any inconsistent provisions of preceding article

 

Article 84

Disputes' Settlement

Disputes shall be settled between two States. Council shall settle dispute between them so that operations may not be interrupted.

 

Article 85

Procedure of Arbitration

Arbitration procedure can be adopted which is pending for appeal. Tribunal shall settle own arbitration procedure by imparting decisions on a majority vote

 

Article 86

Appeals

Decision of International Justice shall be final. The convention shall remain effective of stated by the Council and appeal shall be rejected if non-conforming from the provisions.

 

Article 87

Penalty to Airline

Penalty may be imposed to airline on flying above territory. No operation of airline shall be made over other territorial boundaries and final decision shall be made by imposing penalty when non-conforming with convention.

 

Article 88

Penalty to State

Voting power shall be suspended by Council in the assembly and any contracting States which is found in default stated in this convention.

 

Article 89

War and emergency provisions

No provisions shall affects freedom of contracting States. Unchanged principles should be followed in any war or emergency conditions which announces emergency and shall be notified the same to Council.

 

Article 90

Adopting Annexes

Two third voting is required for amending Annexes. The amendment shall become effective within span of three months after depositing the same to contracting States. Moreover, council shall inform all contracting States of coming into force of such annex if any.

 

Article 91

Ratification

It can be ratified by Signatory States. The instruments must be deposited of ratification in archives of US government, thereby giving notice to signatory States. Convention when ratified must become effective from thirtieth day of after deposit from twenty-six instruments of same twenty-six States.

 

Article 92

Adherence

It is required and opened to adhere by United Nations. Such adherence must be effective only after notification provided to government of the United State of America and should came in force from thirtieth day of receipt of notification issued from the concerned government to all contracting States.

 

Article 93

Admission

States can be admitted by approval of Council. Admission can be approved of other States by having at least four-fifth vote of assembly may be easily admitted carrying out any case even in present war by State is necessary to be adopted.

 

Article 94

Amendment

Two third votes are required to amend any regulation. The number should be at least more than two third of total number of contracting sales. If amendment is to make an opinion of justification of course, resolution can be passed for adopting the same for ratification purpose.

 

Article 95

Denunciation

Notice can be provided after three years to government of USA. Denunciation should be effective only after getting receipt of notification within one year.

 

Article 96

Definitions

Air service means service provided by aircraft, airline means offering air services. “International air service” means it flies over more than one state. “Airline” means air business providing air services to passengers.

Laws and regulations effect decision making of airline management

The laws affect airline management as it has to incur additional costs such as training to crew members. Moreover, management has to make sure that it is able to meet demand of customers. Decisions are affected of management as it have to comply with different laws. To regulate the air traffic as well as schedule the flight this is essentially required to have the influence of laws and legal regulations in the business operations. It helps in funnelling the state or civil aviation authority to follow all the necessary laws and regulation which is the internal issues and have to deal with the problems as they felt while operating the flights. It also ensures the internation security from unlawful acts such as terrorist attacks, left threatening diseases etc. as well as it also protects the rights of the state.

CONCLUSION

Hereby it can be concluded that aviation industry is affected by various provisions which are required by Chicago Convention. Moreover, ICAO provides guidelines which are to be followed by aviation industry.

REFERENCES

Books and Journals

Dierikx, M. (2018). A History of International Civil Aviation. From its Origins through Transformative Evolution, by Alan P. Dobson: London and New York: Routledge, 2017, 135 pp.,£ 105.00 (hardback), ISBN: 978-1-13-874559-9.

Online

Chicago Convention. 2016. [Online]. Available through :<https://www.skybrary.aero/index.php/Chicago_Convention>

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