AVIATION LAW

RAMYA SANKARAN
LLM (AIR & SPACE LAW), MCGILL UNIVERSITY
SENIOR ASSOCIATE

GAGRATS, ADVOCATES & SOLICITORS

 What is Aviation Law?

 The law governing the activities that take place in air space.
 Air Space : Airspace is the portion of the atmosphere
controlled by a country above its territory, including its
territorial waters or, more generally, any specific three-
dimensional portion of the atmosphere.
 Civil Aviation: Civil Aircraft v. State Aircraft
 State Aircraft : Aircraft used in military, customs and police
services.
 Every State has complete and exclusive sovereignty over the
airspace above its territory.
 Navigation on the surface of the high seas and flight above
such seas are free for the use of all. Over the high seas, the
rules in force are those established under the Convention on
International Civil Aviation, 1944 (Chicago Convention).
 Why is Aviation Law Important?

 Safety - risks associated with

aviation activities, related to the
operation of aircraft
 Navigation – Rules of the Air
 Security – protection of
passengers, staff and planes from
accidental/malicious harm, crime,
and other threats
How is aviation law different from laws
governing other activities?

 International nature of aviation.

 Nationality of Aircraft - Aircraft have the
nationality of the State in which they are
registered.
 The registration or transfer of registration of
aircraft in any state shall be made in
accordance with its laws and regulations.
 Substantial ownership and effective control.
 SOURCES OF AVIATION LAW

 International Air Law

 Customary Law
 Conventions
 Standards and Recommended Practices (SARPs) - SARPs ensure that local civil aviation operations and regulations
conform to global norms.
 Air Services Agreements (e.g. Traffic Rights)
 Intergovernmental decisions and regulations. (e.g. EU)
 Judicial opinions

 National Law
 Aircraft Act and Rules
 Civil Aviation Requirements, Aeronautical Information Circulars, Manuals, etc
 Ministry of Civil Aviation – Policies
 Judgements
 How is Aviation Law Administered?

 The International Civil Aviation Organisation (ICAO):

A UN specialized agency, established by states in
1944 to manage the administration and
governance of Chicago Convention. ICAO works
with 192 member states and industry groups to
reach consensus on SARPs and policies in support of
a safe, efficient, secure, economically sustainable
and environmentally responsible civil aviation
sector.
 Directorate General of Civil Aviation: The regulatory
body governing the safety aspects of civil aviation
in India.
 INTERNATIONAL AIR LAW

 Public International Air Law  Private International Air Law

 Chicago Convention  Warsaw Convention
 Tokyo Convention  Montreal Convention
 Rome Convention
 Cape Town Convention
 CHICAGO CONVENTION, 1944

 The contracting states shall not use civil aviation for any
purpose inconsistent with the aims of the Chicago
Convention.
 Scheduled aircraft v. Non –scheduled aircraft
 Non scheduled aircraft have the right, to make flights
into or in transit non-stop across its territory and to make
stops for non-traffic purposes without the necessity of
obtaining prior permission of that state, subject to
observance of the terms of the Chicago Convention.
 No scheduled international air service may be operated
over or into the territory of another State, without the
special permission or other authorization of that state,
and in accordance with the terms of such permission or
authorization.
 CHICAGO CONVENTION, 1944

 Each nation has the right to reserve cabotage to itself. Article 7 of

the Chicago Convention prohibits States from entering into any
arrangements which specifically grant any such privilege on an
exclusive basis to any other state or an airline of any state, and not
to obtain any such exclusive privilege from any other state.
 Aircraft cannot be registered in more than one state, though
registration may be changed from one state to another.
 States must provide aircraft registered therein with a certificate of
airworthiness, and issue certificates of competency and licenses
for pilots and flight crew on such aircraft.
 Other states, in turn, have a duty to recognize certificates of
airworthiness and personnel certificates of competency and
licenses as valid, but only so long as the requirements under which
they are issued are equal to or above the minimum standards
which may be established by ICAO.
 CHICAGO CONVENTION, 1944

 Every international aircraft must display its nationality and registration

marks.
 Certain documents must be carried aboard the aircraft, including its
certificate of registration, its certificate of airworthiness, the licenses for
each member of the crew, its journey log book, its radio license, the names
and places of embarkation and destination of any passengers aboard,
and a manifest and detailed declarations of any cargo aboard.
 When issuing regulations for State aircraft, the states should have due
regard for the safety of navigation of civil aircraft. State aircraft cannot fly
over or land on the territory of another State without authorization by
special agreement or otherwise, and in accordance with the terms thereof.
 States must refrain from resorting to the use of weapons against civil aircraft
in flight, though it can require civil aircraft flying above its territory without
permission to land at a designated airport. In the case of interception, the
lives of persons on board and the safety of aircraft must not be
endangered.
 AIR SERVICES AGREEMENTS

 Bilateral Agreements – agreement between two

countries.
 Multilateral Agreements – agreement amongst more
than two countries. The United States, Brunei
Darussalam, Chile, New Zealand and Singapore met
in Kona, Hawaii to negotiate the MALIAT. Also see
ASEAN Multilateral Agreement among the ten-
member Association of Southeast Asian Nations.
 Open Skies Agreement - The agreement allows any
airline of the European Union and any airline of the
United States to fly between any point in the
European Union and any point in the United States.
 AGREEMENTS AND CONTRACTS

 Interline Agreements
 Code Share Agreements
 Co-operation Agreements
 Joint Venture – Air Canada, Lufthansa and
United
 Purchase Contracts
 Leasing Contracts
 Maintenance Service Contracts
 NATIONAL LEGISLATION

 Aircraft Act, 1934: Deals with matters relating to

manufacture, possession, use, operation, sale, import
and export of aircraft.
 Provides for powers of the Central Government to make
rules to implement the Chicago Convention.
 Empowers DGCA to perform safety oversight functions.
 Empowers Central Government to make rules regarding
manufacture, possession, use, operation, sale, import
and export of aircraft and for securing safety of aircraft
operations.
 NATIONAL LEGISLATION

 Aircraft Rules: These rules apply to, and to persons on,

aircraft registered in India wherever they may be
and to, and to persons on, all aircraft for the time
being in or over India.
 In the case of aircraft registered in a country other than
India, the regulations of that country relating to
registration, license of personnel, airworthiness and log
books shall apply in place of the provisions contained
in the Aircraft Rules, except for aircraft registered in any
country whose regulations are not based on standards
at least equal to the minimum standards established
from time to time under the Chicago Convention.
 FUNCTIONS OF THE DGCA

 Registration of civil aircraft

 Formulation of standards of airworthiness for civil aircraft registered
in India and grant of certificates of airworthiness to such aircraft.
 Licensing of pilots, aircraft maintenance engineers, air traffic
controllers and flight engineers, and conducting examinations and
checks for that purpose.
 Certification of aerodromes.
 Maintaining a check on the proficiency of flight crew, and also of
other operational personnel such as flight dispatchers and cabin
crew
 FUNCTIONS OF THE DGCA

 Granting of Air Operator’s Certificates to Indian carriers and

regulation of air transport services operating to/from/within/over
India by Indian and foreign operators, including clearance of
scheduled and non-scheduled flights of such operators.
 Conducting investigation into incidents and serious incidents
involving aircraft and taking accident prevention measures including
formulation of implementation of Safety Aviation Management
Programmes.
 Carrying out amendments to the Aircraft Act, the Aircraft Rules and
the Civil Aviation Requirements for complying with the amendments
to ICAO Annexes, and initiating proposals for amendment to any
other Act or for passing a new Act in order to give effect to an
international Convention or amendment to an existing Convention.
 FUNCTIONS OF THE DGCA

 Coordination of ICAO matters with all agencies and sending replies to

State Letters, and taking all necessary action arising out of the Universal
Safety Oversight Audit Programme (USOAP) of ICAO.
 Approval of institutes engaged in flying training including simulator
training, AME training, air traffic services training or any other training
related with aviation, with a view to ensuring a high quality of training.
 Granting approval to aircraft maintenance, repair and manufacturing
organizations and their continued oversight
 To act as a nodal agency for implementing Annex 9 provisions in India
and for coordinating matters relating to facilitation at Indian airports
including holding meetings of the National Facilitation Committee
 FUNCTIONS OF THE DGCA

 Rendering advice to the Government on matters relating to air

transport including bilateral air services agreements, on ICAO matters
and generally on all technical matters relating to civil aviation, and
to act as an overall regulatory and developmental body for civil
aviation in the country.
 Coordination at national level for flexi-use of air space by civil and
military air traffic agencies and interaction with ICAO for provision of
more air routes for civil use through Indian air space
 Keeping a check on aircraft noise and engine emissions in
accordance with ICAO Annex 16 and collaborating with the
environmental authorities in this matter, if required
 FUNCTIONS OF THE DGCA

 Promoting indigenous design and

manufacture of aircraft and aircraft
components by acting as a catalytic
agent.
 Approving training programmes of
operators for carriage of dangerous goods,
issuing authorizations for carriage of
dangerous goods, etc.
 Safety Oversight of all entities approved/
certified/ licensed under the Aircraft Rules
1937.
 OPPORTUNITIES

 ICAO
 IATA
 Indian Regulatory Bodies
 Airports
 Passenger Litigation
 Airline Companies
 Commercial pratice
QUESTIONS?
THANK YOU!