AIR (AVIATION) LAW SKMA 3812

Transcription

1 AIR (AVIATION) LAW SKMA 3812

2 What is Law? 1. The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties. 2. A body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. 3. a system of rules that are enforced through social institutions to govern behaviour.

3 Air Law (Legislation/Regulation) Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty (marine) law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. the business aspects of air operators (airlines etc) and their regulation also fall under aviation law.

4 Aviation law governs (nearly all individuals) connected to the operation of aircraft and the maintenance of aviation facilities. In Malaysia, the air law fall under the Department of Civil Aviation (DCA) governs applied aspects of flight. the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law.

5 This highly specialized field of law encompasses most facets of air travel, as well as the operation and regulation of business issues relating to air travel, operations and maintenance which requires a comprehensive knowledge of aviation Legislation & Regulations, specific laws regarding flight, and an in depth understanding of aviation. Aviation is one of the most highly regulated industry.

6 Malaysian Aviation related Acts Malaysian Civil Aviation Regulation Act content/uploads/2015/02/civil-aviation-regulations pdf Aviation Offences Act 1984 (Act307) /Aviations%20Offences%20Act%201984%20%28act%2 0307%29.pdf REGISTRATION OF ENGINEERS ACT (Rest come under criminal law)

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8 Functions & Roles

9 content/uploads/2016/02/mac-act English.pdf

10 Some Questions The Airline Cancelled My Flight, Can I Sue for a Refund? Is Drone Hunting Going to be Legal in the United States? When Can Kids Fly Alone? What Are My Legal Rights if My Flight Gets Cancelled or Delayed? Why Can't I Use My Phone on a Flight? Coping After Aviation Accidents Aviation Law and Legislation

11 What is the purpose of Air Law There are many reasons why we need law: 1. to regulate; 2. to protect; 3. to enforce rights and to solve conflicts. 4. to prevent or deter behaviour that negatively affects the quality, therefore reducing the consequences of breaking the law. To regulate the procedures and processes related to overall aviation activities such as maintenance and operations for a safe and secure aviation industry

12 Definition Air Law is a body of rules governing the use of airspace and its benefit for aviation, the general public and the nations of the world Reference: Introduction to Air Law By I.A.Ph. Diedericks-Verschoor, 1997

13 sov er eign ty ˈsäv(ə)rən(t)ē/ (noun) supreme power or authority. Synonyms (similar): jurisdiction, rule, supremacy, dominion, power, ascendancy, suzerainty, hegemony, domination, authority, control, influence the authority of a state to govern itself or another state. "national sovereignty synonyms: autonomy, independence, self-government, self-rule, home rule, self-determination, freedom "the colony demanded full sovereignty" a self-governing state. Airspace of each country FIR Flight Information Region

14 Cabotage Cabotage /ˈkæbətɨdʒ/ traditionally refers to shipping along coastal routes, port to port.

15 Cabotage Cabotage is defined as a non-remunerated not-for-hire flight between two points within a foreign country, carrying residents whose travel begins and ends in that country. Cabotage in the traditional sense; i.e., for hire, is almost universally prohibited. transport of goods or passengers between two points in the same country by a vessel or an aircraft registered in another country

16 Cabotage Right to operate within the domestic borders of another country. Most countries do not permit aviation cabotage, for reasons of economic protectionism, national security or public safety. One notable exception is the European Union, whose members all grant cabotage rights to each other (Open Skies)

17 Freedom (Right) of Air The freedoms of the air are a set of commercial aviation rights granting a country's airline the privilege to enter and land in another country's airspace, formulated as a result of disagreements over the extent of aviation liberalization in the Convention on International Civil Aviation of 1944, known as the Chicago Convention.

18 Freedom (Right) of Air First Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to fly across its territory without landing (also known as a First Freedom Right). Second Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to land in its territory for non-traffic purposes (also known as a Second Freedom Right). Third Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down, in the territory of the first State, traffic coming from the home State of the carrier (also known as a Third Freedom Right). Fourth Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to take on, in the territory of the first State, traffic destined for the home State of the carrier (also known as a Fourth Freedom Right). Fifth Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down and to take on, in the territory of the first State, traffic coming from or destined to a third State (also known as a Fifth Freedom Right).

19 ICAO characterizes all "freedoms" beyond the Fifth as "so-called" because only the first five "freedoms" have been officially recognized as such by international treaty. Sixth Freedom of The Air - the right or privilege, in respect of scheduled international air services, of transporting, via the home State of the carrier, traffic moving between two other States (also known as a Sixth Freedom Right). The so-called Sixth Freedom of the Air, unlike the first five freedoms, is not incorporated as such into any widely recognized air service agreements such as the "Five Freedoms Agreement". Seventh Freedom of The Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State, of transporting traffic between the territory of the granting State and any third State with no requirement to include on such operation any point in the territory of the recipient State, i.e the service need not connect to or be an extension of any service to/from the home State of the carrier. Eighth Freedom of The Air - the right or privilege, in respect of scheduled international air services, of transporting cabotage traffic between two points in the territory of the granting State on a service which originates or terminates in the home country of the foreign carrier or (in connection with the so-called Seventh Freedom of the Air) outside the territory of the granting State (also known as a Eighth Freedom Right or "consecutive cabotage"). Ninth Freedom of The Air - the right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State (also known as a Ninth Freedom Right or "stand alone" cabotage). Source: Manual on the Regulation of International Air Transport (Doc 9626, Part 4)

20 9 Freedoms (Right) of Air

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22 Simple Explanation 1. To fly across the territory of either state without landing. 2. To land in either state for non-traffic purposes, e.g., refuelling without boarding or disembarking passengers. 3. To land in the territory of the first state and disembark passengers coming from the home state of the airline. 4. To land in the territory of the first state and board passengers travelling to the home state of the airline. 5. To land in the territory of the first state and board passengers travelling on to a third state where the passengers disembark, e.g., a scheduled flight from the United States to France could pick up traffic in the UK and take all to France (sometimes termed beyond rights). 6. To transport passengers moving between two other states via the home state of the airline, e.g. a scheduled flight on an American airline from the United Kingdom lands in the U.S. and then goes on to Canada on the same aircraft. 7. To transport passengers between the territory of the granting State and any third State without going through the home state of the airline, e.g. a scheduled flight on an American airline from the UK to Canada that does not connect to or extend any service to/from the U.S.. 8. To transport cabotage traffic between two points in the territory of the granting State on a service which originates or terminates in the home state of the foreign carrier or (in connection with the so-called Seventh Freedom) outside the territory of the granting State (also known as consecutive cabotage), e.g. an American airline flies from the U.S., lands passengers in London and then boards passengers to fly to Manchester. 9. To transport cabotage traffic of the granting State on a service performed entirely within the territory of the granting State (also known as stand alone cabotage), e.g. a British airline operates a service between Perth and Sydney in Australia).

23 Open Skies Open skies is an international policy concept that calls for the liberalization of the rules and regulations of the international aviation industry especially commercial aviation in order to create a free-market environment for the airline industry. Its primary objectives are: to liberalize the rules for international aviation markets and minimize government intervention as it applies to passenger, all-cargo, and combination air transportation as well as scheduled and charter services; and to adjust the regime under which military and other statebased flights may be permitted. For open skies to become effective, a bilateral (and sometimes multilateral) Air Transport Agreement must be concluded between two or more nations.

24 A bilateral air transport agreement is a contract to liberalize aviation services, usually commercial civil aviation, between two contracting states. A bilateral air services agreement allows the airlines of both states to launch commercial flights that covers the transport of passengers and cargoes of both countries. A bilateral agreement may sometimes include the transport of military personnel of the contracting states. In a bilateral agreement, the contracting states may allow the airlines of the contracting parties to bring passengers and cargoes to a third country or pick up passengers and cargoes from the host country to the home country of the airline or to a third country in which the contracting states has existing open skies agreement. A multilateral air services agreement is the same as bilateral agreement, the only difference being that it involves more than two contracting states.

25 Business Model Liberalisation and globalisation of air transport has resulted in recent years in a rapid expansion in the number of airline leading to Alliances Code Sharing Merger Acquisition Requires separate law (legal binding) for a successful completion of the models

26 Warsaw Convention Unification of rules relating to International Carriage by Air dating from to 1929 which established and elaborated the principle of the air carriers liability for damaged caused to passengers. Baggage and goods, and also for damage caused by delay The rules of the Warsaw Convention are being applied to all over the world and have demonstrated their reliability, uniformity and usefulness. Amendments by Hague Protocol 1955, Montreal Agreement 1966 & 1975, Guatemala Protocol 1971

27 Other Conventions Chicago Convention Montreal Convention Warsaw Convention (Hague Protocol) Tokyo Convention

28 Passengers

29 Rights of the commander

30 nd_recreation/air_travel/airline_liability.html

31 Legal Documents Certificate of Airworthiness Air Operators Certificate Flight Crew Licenses Loadsheet Certificate of Registration Radio License Maintenance Logbook Manuals (Operations, Maintenance-Repair)

32 Charges $$ Airport Charges (Passenger) Fuel Surcharge War Surcharge Landing (Runway) Parking (Taxiway, tarmac) Security Services (Water, Cleaning) Catering Maintenance (including External power charges) Follow me car ATC Service (Overfly)

33 Nationality & Registration Mark

34 MAS B (9V-MRO)

35 MAS Wings C-GFVT

36 Article 20 of the Chicago Convention on International Civil requires all signatory countries register aircraft over a certain weight with a national aviation authority. Upon registration, the aircraft receives its unique "registration", which must be displayed prominently on the aircraft. unique alphanumeric string that identifies a civil aircraft, in similar fashion to a licence plate on an automobile. typically display their registration numbers on the aft fuselage just forward of the tail the registration is often referred to as the "tail number (Finnumber). each aircraft registration is unique, some countries allow it to be re-used when the aircraft has been sold, destroyed or retired. an individual aircraft may be assigned different registrations during its existence (ownership change, jurisdiction of registration, or in some cases for vanity reasons-pride). Private aircraft usually use their registration as their radio callsign

37 Call sign In broadcasting and radio communications, a call sign (also known as a call name or call letters and historically as a call signal or abbreviated as a call) is a unique designation for a transmitting station call signs as unique identifier A call sign can be formally assigned by a government agency, informally adopted by individuals or organizations, or even cryptographically (secret) encoded to disguise a station's identity.

38 Air Force 1, Air Force 2 Personal Call sign (Air Force, Military, Navy) Police 1, 2 Malaysian, Air Canada, Speed Bird, Asian Express, Red Cap, Xenadu, Malindo, Spring bok, Amateur Radio (Ham Radio)

39 Rules of the air

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41 Visual Flight Rules (VFR)

42 Aircraft control (ATC)

43 Fixed Wing Intercept Procedure

44 Helicopter Intercept Procedure

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48 Airport (Runway) Signs and Markings

49 Approach & Runway Lighting

50 Taxiway lightings

51 Runway/Taxiway Signage

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53 Aerodrome Signal & Markings

54 Aerodrome Signal & Markings

55 Emergency Distress Frequencies (Locator Beacons/Transmitters) Mhz 243 Mhz 406 Mhz

56 Ground to Air Signal

57 Light aimed towards aircraft (Signaling) due communication failure

58 Used during two way radio communication failure

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63 Airport Identification (Beacon) Lights An aerodrome beacon or rotating beacon is a beacon installed at an airport or aerodrome to indicate its location to aircraft pilots at night. Airport and heliport beacons are designed in such a way to make them most effective from one to ten degrees above the horizon An omnidirectional flashing xenon strobe, or aerobeacon rotating at a constant speed which produces the visual effect of flashes at regular intervals.

64 Federal Aviation Administration (FAA) Airport Beacon Standards Flashing rates 24 to 30 per minute for beacons marking airports, landmarks, and points on Federal airways 30 to 45 per minute for beacons marking heliports Color combinations 1. White and Green Lighted land airport 2. Green alone* Lighted land airport 3. White and Yellow Lighted water airport 4. Yellow alone* Lighted water airport 5. Green, Yellow, and White Lighted heliport 6. White, White, Green* Military Airport 7. White, Green, Red Hospital and/or Emergency Services Heliport *Green alone or yellow alone is used only in connection with a white-and-green or white-and-yellow beacon display, respectively. Military airport beacons flash alternately white and green, but are differentiated from civil beacons by two quick white flashes between the green flashes. In Canada, the regulations are different. Lighted aerodromes are equipped with white single flash beacons operating at a frequency of 20 to 30 flashes per minute. Heliports with beacons exhibit the morse letter H (4 short flashes) at a rate of 3 to 4 groups per minute

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66 Aerial view (Airport Signs, Markings And Procedures)

67 Aircraft Lighting

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71 Aircraft Maintenance Regulations Aircraft maintenance checks are periodic mandatory inspections that must to be carried out according to the maintenance schedules on all commercial/civil aircraft after a certain amount of time or usage; Airlines and other commercial or private aircraft operators must follow a continuous inspection program approved by local airworthiness authorities to maintain the airworthiness of their aircraft. Military aircraft follow specific maintenance programmes by the aircraft manufacturer which may or may not be similar to those of commercial/civil operators.

72 Types of Aircraft Checks Check A Check B Check C Check D

73 Check A Performed approximately every 250 flight hours or cycles. It needs about man-hours. Usually performed overnight at an airport gate. The actual occurrence of this check varies by aircraft type, the cycle count (takeoff and landing is considered an aircraft "cycle"), or the number of hours flown since the last check. The occurrence can be delayed by the airline if certain predetermined conditions are met.

74 Check B Performed approximately every 6 months. It needs about man-hours, depending on the aircraft, and is usually completed within 1 3 days at an airport hangar. A similar occurrence schedule applies to the B check as to the A check. However, B checks may also be incorporated into successive A checks, i.e.: Checks A-1 through A-10 complete all the B check items.

75 Check C Performed approximately every months or a specific amount of actual flight hours (FH) or as defined by the manufacturer. This maintenance check is much more extensive than a B check, requiring a large majority of the aircraft's components to be inspected. This check puts the aircraft out of service and until it is completed, the aircraft must not leave the maintenance site. It also requires more space than A and B checks. It is, therefore, usually carried out in a hangar at a maintenance base. The time needed to complete such a check is generally 1 2 weeks (depending on the aircraft type) and the effort involved can require up to 6,000 man-hours. The schedule of occurrence has many factors and components as has been described, and thus varies by aircraft category and type.

76 Check D This is by far the most comprehensive and demanding check for an aicraft. It is also known as a "heavy maintenance visit" (HMV). This check occurs approximately every 6 years. It is a check that, more or less, takes the entire airplane apart for inspection and overhaul (strip). If required, the paint may need to be completely removed for further inspection on the fuselage metal skin. Such a check can usually demand up to 50,000 man-hours and it can generally take up to 2 months to complete, depending on the aircraft and the number of technicians involved. It also requires the most space of all maintenance checks, and as such must be performed at a suitable maintenance base. Given the elevated requirements of this check and the tremendous effort involved in it, it is also by far the most expensive maintenance check of all, with total costs for a single visit ending up well within the million-dollar range. Because of the nature and the cost of such a check, most airlines especially those with a large fleet have to plan D checks for their aircraft years in advance. Often, older aircraft being phased out of a particular airline's fleet are either stored or scrapped upon reaching their next D check, due to the high costs involved in comparison to the aircraft's value. On average, a commercial aircraft undergoes 2 3 D checks before being retired. Some maintenance, repair and overhaul (MRO) shops claim that it is virtually impossible to perform a D check profitably at a shop located within their facility. As such, only a few of these shops offer D checks.] Given the time requirements of this check, many airlines also use the opportunity in order to make major cabin modifications on the aircraft, which would otherwise require an amount of time that would have to put the aircraft out of service without the need for an inspection. This may include new seats, entertainment systems, carpeting, etc.

77 Maintenance document Malaysian Airworthiness Regulations (MAR) Aircraft Maintenance Manual (AMM) Service bulletins (SB) Airworthiness/Safety Directives (AD) Minimum Equipment List (MEL) Job/Task Cards

78 Improper/miss to follow SOP can lead to accidents Violation Maintaining job records for investigation (signatures of person performing the job)

79 LAE Responsibilities Maintenance personnel have the responsibility of compliance at the time they are performing inspections to determine all airworthiness requirements are met

80 Career in Aviation Law =PLE5116BB7B6A3F117 (6 Videos) Bachelor of Laws (Honours) and Bachelor of Aerospace Engineering (Honours) Monash University

81 Compare DCA (website) with CAAS Civil Aviation Authority of Singapore FAA Federal Aviation Administration UK CAA UK Civil Aviation Authority TC Transport Canada

82 Assignments Go (read) through the Act. Make a copy Malaysian Civil Aviation Act pdf Aviation Offences Act 1984 (Act307) ation/aviations%20offences%20act%201984%20 %28act%20307%29.pdf Part of test/final exam

83 The Seven P's Proper, Prior, Planning, Prevents, Piss, Poor, Performance

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86 Test 2 1. Aviation English 2. Time Management 3. Air Law 4. Aviation System 5. Airport System 6. Aviation Weather 7. Aviation & Environmental Issues

87 Finals SKMA Aviation Engineering Management 2. Aviation Safety & Security 3. Culture in Aviation 4. Aviation Human Factors 5. Air Traffic System 6. Air Accident Investigation