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QUENCHING THIRST OF LEGAL KNOWLEDGE

“Scope of Practice in Aviation Laws”

ACADEMIC SESSION BY ADV. SANJEEV K. PAI

Time:05.30PM to 06.30 PM
Date: 17thMarch, 2018
Venue: Tea Pot Café, Fort, Mumbai.

In Association With

M&J Services

Distributors for Legal, Accounting and Taxation books and Accessories.

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India is 9th Largest Aviation market in the world hence, this itself shows that there would be
necessity for compliances and disputes. There is tremendous scope for practice in Aviation
Law as the Sector is emerging and growing at a fast pace. In coming future, there would be
more private Aviation companies which would require help of Legal Professionals during the
course of their functioning either by way of compliance or for contesting the Disputes. It is
important to note that the disputes in Aviation sector will not be limited only in Indian
Courts but the same would be spread across the globe and also in the International Court of
Justice.
Liberalization of the Indian civil aviation sector in the mid to late nineties has led to a large number of private players
entering the sector in addition to the two established national carriers (Air India and the erstwhile Indian Airlines).
Apart from the fact that liberalization of this sector came alongside the phase of rampant economic development in
India, growth of the Indian tourism industry and the ever increasing disposable incomes of `the Indian middle-class
have contributed to the admirable levels of
growth that the civil aviation sector has achieved in the last decade, in addition to the support provided in the form of
structural reforms, airport modernizations, entry of private airlines, adoption of low fare model and improvement in
service standards

AIR REGULATIONS
 National Legislations
 International Conventions
 ICAO Annexures
 FAR i.e.
 JAR i.e.
 CAR i.e.
 Operations Manual
 Aeronautical Information Publications
 Aeronautical Information Circulars

NATIONAL LEGISLATION

 The Aircraft Act, 1934

 The Aircraft Rules, 1937
These legislations were enacted to control the manufacture, possession, use, operation, sale, andthe import and export of
aircrafts. They stipulate parameters for determining airworthiness, maintenance of aircrafts, general conditions for flying
and safety, registration of aircrafts and conduct of investigations.

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 The Civil Aviation Requirements
They stipulate general guidelines regarding airworthiness, airport standards and licensing, aircraft design standards and
type certification, flight crew standards and licensing, aircraft operations, air space and air traffic management, aviation
environment protection etc

 Carriage by Air Act, 1972

An Act to give effect to the Convention for the unification of certain rules relating to international carriage by Air signed at
Warsaw on the 12th day of October, 1929 and to the said Convention as amended by the Hague Protocol on the 28th day
of September 1955 and to make provision for applying the rules contained in the said Convention in its original form and in
the amended form (Subject to exceptions, adaptations and modifications) to non international carriage by Air and for
matters connected therewith.

Liability in case of death.- shall, in all cases to which those rules apply, determine the liability of a carrier in of the death of
a passenger.
(2) The liability shall be enforceable for the benefit of such of the members of the passengers family as sustained damage
by reason of his death.
(3) An action to enforce the liability may be brought by the personal representative of the passenger or by any person for
whose benefit the liability is under sub section (2) enforceable, but only one action shall be brought in India in respect of
the death of any one passenger and every such action by whomsoever brought shall be for the benefit of all such persons
so entitled as aforesaid as either are domiciled in India or not being domiciled there express a desire to take the benefit of
the action.

(4) Subject to the provisions of sub section (5) the amount recovered in any such action, after deducting any costs not
recovered from the defendant, shall be divided between the persons entitled in such proportion as the Court may direct.

(5) The Court before which any such action is brought may, at any stage of the proceedings, make any such order as
appears to the Court to be just and equitable in view of the provisions of the First Schedule or of the Second Schedule, as
the case may be limiting the liability of a carrier and of any proceedings which have been or are likely to be commenced
outside India in respect of the death of the passenger in question.

6.Conversion of francs.-Any sum in francs mentioned in rule 22 of the First Schedule or of the Second Schedule, as the
case may be, shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange
prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court.

7.Provisions regarding suits against High Contracting Parties who undertake carriage by air.-
(1) Every High Contracting Party to the Convention or the amended Convention, as the case may be who has not availed
himself of the provisions of the Additional Protocol thereto, shall, for the purposes of any suit brought in a Court in India in
accordance with the provisions of rule 28 of the First Schedule, or of the Second Schedule, as the case may be to enforce
a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court and to be a
person for the purposes of the Code of Civil Procedure, 1908 (5 of 1908).
(2) The High Court may make rules of procedure providing for all matters which may be expedient to enable such suits to
be instituted and carried on.
(3) Nothing in this section shall authorize any Court to attach or sell any property of a High Contracting Party to the
Convention or to the amended Convention.

 The Aircraft (Carriage of Dangerous Goods) Rules, 2003

It regulates air carriage of dangerous goods like explosives, radioactive material etc. and also
provides for the establishment of training programs by or on behalf of shippers of dangerous goods,
operators, ground handling agencies, freight forwarders and agencies involved in the security
screening of passengers, their baggage and cargo.

 The Anti-Hijacking Act, 1982 (amended 2016)

The Anti-Hijacking Act implements the Convention for the Suppression of Unlawful
Seizure of Aircraft and provides for punishment for the offence of hijacking.
Punishment for hijacking Whoever commits the offence of hijacking shall be
punished with imprisonment for life and shall also be liable to fine.

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 In December 1999, an Indian Airlines aircraft popularly known as IC-814 was hijacked while traveling on
its way back to Delhi from Kathmandu, Nepal. Despite several attempts of negotiation with the hijackers,
the Indian government was forced to release three terrorist namely Maulana Masood Azhar, Ahmed Saeed
Sheikh and Mushtaq Ahmed Zargar. One of the passengers was killed while several others were injured.
Later the case was investigated by the Central Bureau of Investigation (CBI), which charged 10 people, of
which seven people were absconding including the 5 hijackers. The 3 people who were charged with
helping the hijackers were awarded life imprisonment
.
The Anti-hijacking Act, 2016 has result in death of any of the passengers or crew members
and the security personnel or any such other person not involved in the offence present in the
aircraft, he may be liable for death penalty.

 The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982
Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 implements the above
mentioned Convention and provides for punishment of various offences like committing violence on
board an aircraft in flight, offences at airports, causing destruction of or damage to navigation
facilities etc. The objective of the Convention is achieved through both these legislations.

 The Airports Economic Regulatory Authority of India Act,2008 ("AERA Act")

AERA regulates tariffs and other aeronautical charges, as well as monitors airport's performance
standards. The Act also established the Appellate Tribunal which adjudicates disputes between the
service providers inter se or between service providers and consumer groups.

 The Tokyo Convention Act, 1975

The Convention on Offences and Certain Other Acts Committed on Board Aircraft, commonly called
the Tokyo Convention, is an international treaty, concluded at Tokyo on 14 September 1963. It entered into
force on 4 December 1969, and as of 2015 has been ratified by 186 parties.
The Convention is applicable to offences against penal law and to any acts jeopardizing the safety of persons
or property on board civilian aircraft while in-flight and engaged in international air navigation. Coverage
includes the commission/ intention to commit offences and certain other acts on board aircraft registered in a
Contracting State in-flight over the high seas and any other areas beyond the territory of any State in addition
to the airspace belonging to any Contracting State. Criminal jurisdiction may be exercised by Contracting
States other than the State of Registry under limited conditions,

 The Airport Authority of India Act, 1994

An Act to provide for the constitution of the airports Authority of India and for the transfer and vesting of
the undertakings of the International Airports Authority of India and the National Airports Authority to and
in the Airports Authority of India so constituted for the better administration and cohesive management of
airports and civil enclaves whereat air transport services are operated or are intended to be operated and
of all aeronautical communication stations 1 “for the purposes of establishing or assisting in the
establishment of airports”* and for matters connected therewith or incidental thereto.

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INTERNATIONAL CONVENTIONS

 WARSAW Convention, 1929

The Convention for the Unification of certain rules relating to international carriage by air,
commonly known as theWarsaw Convention, is an international convention which regulates liability for
international carriage of persons, luggage, or goods performed by aircraft for reward.
Originally signed in 1929 in Warsaw (hence the name), it was amended in 1955 at The
Hague, Netherlands, and in 1971 in Guatemala City, Guatemala. United States courts have held that, at
least for some purposes, the Warsaw Convention is a different instrument from the Warsaw Convention
as amended by the Hague Protocol.

 Chicago Convention, 1944

The Convention on International Civil Aviation, also known as the Chicago Convention, established
the International Civil Aviation Organization (ICAO), a specialized agency of the UN charged with coordinating
and regulating international air travel.[2] The Convention establishes rules of airspace, aircraft registration and
safety, and details the rights of the signatories in relation to air travel. The Convention also exempts air fuels
in transit from (double) taxation.[3]The document was signed on December 7, 1944, in Chicago by 52 signatory
states. It received the requisite 26th ratification on March 5, 1947 and went into effect on April 4, 1947, the
same date that ICAO came into being. In October of the same year, ICAO became a specialized agency of
the United Nations Economic and Social Council (ECOSOC). The Convention has since been revised eight
times (in 1959, 1963, 1969, 1975, 1980, 1997, 2000 and 2006).

 INTL Air Service Transit Agreement, 1944

Each Contracting State grants to the other contracting States the following freedoms of the air in respect of
scheduled international air services : (1) The privilege to fly across its territory without landing; (2) The
privilege to land for non-traffic purposes.

 INTL Air Transport Agreement, 1944

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  Rome Convention, 1952
CONVENTION ON DAMAGE CAUSED BY FOREIGN AIRCRAFT TO THIRD PARTES ON THE SURFACE, SIGNED AT
ROME, ON 7 OCTOBER 1952. MOVED by a desire to ensure adequate compensation for persons who suffer
damage caused on the surface by foreign aircraft, while limiting in a reasonable manner the extent of the
liabilities incurred for such damage in order not to hinder the development of international civil air
transport, and also CONVINCED of the need for unifying to the greatest extent possible, through an
international convention, the rules applying in the various countries of the world to the liabilities incurred
for such damage,

 Hague Protocol, 1955

The Warsaw Convention was established to create a legal basis for commercial aviation, both cargo and passenger.
Specifically, it allowed for the basis of liability to be assigned to air-carriers in the event of an accident.[4]
There were multiple reasons as to why the Hague Protocol was added as a provision to the Warsaw
Convention. Firstly, as the original Convention was written in 1929 and with the advance of technology and
law the original treaty had to be updated.[5] Secondly, and perhaps more importantly, the Hague Protocol
limited the liability that commercial airliners would have to take on in the event of an accident .
 Guadaljara Convention, 1961
THE STATES SIGNATORY TO THE PRESENT CONVENTION NOTING that the Warsaw Convention does not
contain particular rules relating to international carriage by air performed by a person who is not a party to
the agreement for carriage
 Tokyo Convention, 1963
Criminal jurisdiction may be exercised by Contracting States other than the State of Registry under
limited conditions, viz, when the exercise of jurisdiction is required under multilateral international
obligations, in the interest of national security, and so forth.
 Hague Convention, 1970
The Hague Hijacking Convention is a multilateral treaty by which states agree to prohibit and punish aircraft hijacking.
The convention does not apply to customs, law enforcement or military aircraft, thus it applies exclusively to civilian
aircraft. The convention only addresses situations in which an aircraft takes off or lands in a place different from
country of registration
 Gautemala City Protocol, 1971
 Montreal Convention, 1971
 Additional Protocols 1, 2, 3 and 4, 1975
 Montreal Protocol, 1988
 Montreal Convention, 1991
AVENUES OF PRACTICE
 Director General of Civil Aviation (DGCA)
The Directorate General of Civil Aviation ("DGCA") established under the Ministry of Civil Aviation is the main regulatory
body that supervises civil aviation in India. The functions of the DGCA include regulation of air transport services to and
from and within India in compliance with the Aircraft Rules,1937, licensing of pilots, aircraft maintenance engineers and
monitoring of flight crew standards registration of civil aircrafts and certifying their airworthiness, investigation of minor air
incidents and providing technical assistance to Courts / committees of Inquiry appointed by the Government; supervision
over Flying/Gliding Clubs, licensing, safety oversight and surveillance of aerodromes and air carriers, advising the
Government on matters relating to air transport including bilateral air services agreements with foreign countries

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  Airport Authority of India (AAI)
Airports Authority of India ("AAI") was established by the Airports Authority of India Act, 1994 formed by the merger of
International Airports Authority of India and National Airports Authority through the Airports Authority Act, which came into
existence on 1st April 1995 with a view to accelerate the integrated development, expansion and modernization of the
operational, terminal and cargo facilities at the airports in the country conforming to international standards, the AAI is
entrusted with the task of regulating airports all over India.

 Airport Economic Regulatory Authority (AERA)

Airports Economic Regulatory Authority ("AERA"), regulates tariffs and other aeronautical charges, as well as monitors
airport's performance standards. It creates a level playing field and fosters healthy competition amongst all major airports
(government owned, public private partnership –based, Private), encourage investment in airport facilities, regulation of
tariffs of aeronautical services, protection of reasonable interests of users, operation of efficient, economic and viable
airports

 Bureau of Civil Aviation Security (BCAS)

The Bureau of Civil Aviation Security ("BCAS") was initially set up as a cell of the DGCA in 1978. Itserved to coordinate,
monitor, inspect and train personnel in civil aviation security matters. The BCAS is the regulator for civil aviation security in
India. Currently, its functions include laying down standards and measures in respect of security of civil flights at
international and domestic airportsin India and Indian aircraft operators at foreign airports and standards for pre-
embarkation securityand anti-sabotage measures in respect to civil flights and ensuring their compliance.

 Important Industry Associations

 Federation of Indian Airlines,
 Air Cargo Agents Association of India,
 Indian Commercial Pilots Association,
 Aeronautical Society of India.

 All High Courts

 Supreme Court of India
 International Court of Justice
 Arbitration Proceedings
 Compliance Procedure
 Documentation

COURSES IN INDIA

NUJS – Distant Course in Post Graduate Diploma in Air and Space Law. NUJS offers Distant
course in Post Graduate Diploma in Air and Space Law. KOLKoTTA

IAAM Aviation Law and Air Transport Management. Aviation Law and Air Transport
Management.

NALSAR University – Centre for Air and Space Law (CASL). NALSAR University has its Centre for Air and
Space Law(CASL). Nalsar Law University is also one of the top institute for studying Air and SpaceLaw in its Centre
for Air and Space Law(CASL) which is considered a covetous law discipline today. The University has proposed
centres in Hyderabad,Bangalore, Delhi and Guwahati. University of Law, Hyderabad the 'Number One' rank-rated

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University in India (A.C. Neilsen-ORG-MARG Survey, 2008) join hands with Institute of Applied Aviation Management
(IAAM), a Global Endeavour of international aviation experts with the object to impart world class aviation education
with a global perspective, at an affordable cost.
NALSAR University of Law is the only university of its kind in India and one of the very few in the world offering
Aviation Law courses. NALSAR has tie up with prestigious international universities around the globe which include
Griffith University, Australia; University of Western Ontario, Canada; University of New South Wales, Australia; King's
College, U.K; University of Warwick, UK; University of Oklahoma, USA; Santa Clara University, USA; University of
Illinois, USA; Freiburg University, Germany; Maastricht University, The Netherlands and University of Lucerne,
Switzerland

Jindal Global Law School’s Air and Space law SONIPAT

COURSES IN ABROAD (Masters in Air and Space Law)

 The International Institute of Air and Space Law, Leiden University.

 The University of Nebraska-Lincoln.
 The University of Mississippi School of Law.
 The Institute of Air and Space Law, McGill University Canada.

THANK YOU!!!
Presented By
Adv. S. K. Pai (Retd. Wg. Cdr.)

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