RMIT Classification: Trusted

Introduction to
Aviation
AERO2377/AERO2483
Topic 3
Aviation Policy.

Dr Annie Liang

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 RMIT Classification: Trusted

Acknowledgement of Country

RMIT University acknowledges the people of the Woi

wurrung and Boon wurrung language groups of the
eastern Kulin Nation on whose unceded lands we
conduct the business of the University. RMIT University
respectfully acknowledges their Ancestors and Elders,
past and present. RMIT also acknowledges the
Traditional Custodians and their Ancestors of the lands
and waters across Australia where we conduct our
business.

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 RMIT Classification: Trusted

Objectives
• Understanding of the evolution of
Aviation Policy and the historical
background to International Aviation
Policy
• Discuss the importance of the 1944
Chicago Convention on International
Civil Aviation
• Explain the Freedoms of the Air
• Understanding of aviation security
requirements and changes through
historical events

Source: iStock

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 RMIT Classification: Trusted

Objectives
• Understanding of the evolution of
Aviation Policy and the historical
background to International Aviation
Policy
• Discuss the importance of the 1944
Chicago Convention on International
Civil Aviation
• Explain the Freedoms of the Air
• Understanding of aviation security
requirements and changes through
historical events

Source: iStock

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History: the Conventions

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Objectives
• Understanding of the evolution of
Aviation Policy and the historical
background to International Aviation
Policy
• Discuss the importance of the 1944
Chicago Convention on International
Civil Aviation (Case study)
• Explain the Freedoms of the Air
• Understanding of aviation security
requirements and changes through
historical events

Source: iStock

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 ICAO SAPRs
The Convention is supported by nineteen annexes containing standards and recommended practices (SARPs). The annexes are amended
regularly by ICAO and are as follows:

Annex 1 – Personnel Licensing

Licensing of flight crews, air traffic controllers & aircraft maintenance personnel. Including Chapter 6 containing medical standards.
Annex 2 – Rules of the Air
Annex 3 – Meteorological Service for International Air Navigation
Annex 4 – Aeronautical Charts
Annex 5 – Units of Measurement to be used in Air and Ground Operations
Annex 6 – Operation of Aircraft
Part I – International Commercial Air Transport – Aeroplanes
Part II – International General Aviation – Aeroplanes
Part III – International Operations – Helicopters
Annex 7 – Aircraft Nationality and Registration Marks
Annex 8 – Airworthiness of Aircraft
Annex 9 – Facilitation
Annex 10 – Aeronautical Telecommunications
Annex 11 – Air Traffic Services – Air Traffic Control Service, Flight Information Service and Alerting Service
Annex 12 – Search and Rescue
Annex 13 – Aircraft Accident and Incident Investigation
Annex 14 – Aerodromes
Vol I – Aerodrome Design and Operations
Vol II – Heliports
Annex 15 – Aeronautical Information Services
Annex 16 – Environmental Protection
Annex 17 – Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference
Annex 18 – The Safe Transport of Dangerous Goods by Air
Annex 19 – Safety Management (Since 14 November 2013)
 National level regulations

This table 1 contains summarises the difference in purpose and characteristics between the regulations, MOS/CAO and advisory
documents.

Regulations MOS / CAO Advisory documents

Rules of conduct, standards and other Technical standards and other requirements that Provide advice and explain one or more
requirements of general application must be met in order to comply with the ways to comply with the Regulations, but
that must be met. regulations and/or qualify for a licence, are not compulsory or mandatory.
certificate, permission or other authorisation.

Drafted by OPC- Office of Parliamentary Drafted by CASA (Legal Affairs, Regulatory Policy Drafted by CASA (technical branches).
Counsel and International Strategy Branch)

Are legislative instruments under Are legislative instruments under the Legislation Are not legislative instruments under
the Legislation Act 2003. Act 2003. the Legislation Act 2003.

Are disallowable by the Parliament. Are disallowable by the Parliament. Are not disallowable by the Parliament.
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The rules
Tier 1: Civil Aviation Acts
The CAA and Airspace Act 2007 fall under the
responsibility of the Minister for Infrastructure and
Regional Development. Amendments to the two Acts
require the approval of Cabinet or the Prime Minister. They
must be passed by both Houses of Parliament and
assented to by the Governor-General.
The main object of this Act is to establish a regulatory
framework for maintaining, enhancing and promoting the
safety of civil aviation, with particular emphasis on
preventing aviation accidents and incidents.

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The rules
Tier 2: Civil Aviation Regulations (CAR), Civil Aviation
Safety Regulations (CASR) and Airspace regulations
Mixed approach to regulation being principle based and
prescriptive.
Prescriptive rules can provide greater clarity as it is easier for
a regulated entity to determine what rules it must comply with
and the minimum standards of compliance.
Relies on principles to articulate the outcomes to be achieved
by the regulated entities. Avoids detailed prescriptive
rules. Shifts focus from process to outcomes. Regulated
entities are then more free to find the most efficient way of
achieving the outcome required. Expectation that it provides
for greater flexibility and adaptability to change

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The rules
Tier 3: Manual of Standards (MOSs), Civil Aviation Orders
(CAOs), ADs and other legislative instruments.

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Objectives
• Understanding of the evolution of
Aviation Policy and the historical
background to International Aviation
Policy
• Discuss the importance of the 1944
Chicago Convention on International
Civil Aviation
• Explain the Freedoms of the Air
• Understanding of aviation security
requirements and changes through
historical events

Source: iStock

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Freedoms of the Air

The freedoms of the air is a set of commercial aviation rights granting
a country's airlines the privilege to enter and land in another
country's airspace

Formulated as a result of disagreements over the extent of aviation

liberalisation in the Convention of International Civil Aviation of 1944
known as the Chicago Convention.

Most Nations of the world exchange the first and second freedoms
through the International Air Services Transit Agreement

The other freedoms, when available, are usually established between

countries in bilateral or multilateral air services agreements

The third and fourth freedoms are always granted together. The eighth
and ninth freedoms have been exchanged only in limited instances.

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What is the bilateral system?

Before an airline can operate international services to another
country, the government must first negotiate a treaty level agreement
with the destination country's government.

These treaties are known as bilateral air services agreements.

The Australian Government has negotiated 90 bilateral air services

agreements and associated arrangements. These agreements allow
our airlines to offer the range of services that they do today.

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1st Freedom of the air

Transit

State State
A B

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2nd Freedom of the air

Technical stop

State State
A B

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3rd Freedom of the air

Discharge passengers in
foreign country

State State
A B

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4th Freedom of the air

Pick up passengers in
foreign country
State State
A B

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5th Freedom of the air

Pick up passengers in 1
foreign country, and continue on to
3rd foreign country.

State State State

A B C

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6th Freedom of the air

Pick up passengers in foreign country
and discharge in another foreign
country, via its home state.
State State State
B A C

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7th Freedom of the air

Airlines can carry
passengers between 2
foreign countries outside
its own state State
State State
A B C

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8th Freedom of the air

Airlines can carry passengers between
2 points within another country,
starting or ending in home state.

State State
A B

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9th Freedom of the air

Airlines can carry passengers between 2
points within a foreign country
State
State State B
A B

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Freedoms of the air

• Traditionally, an airline needs the approval of the governments of
the various countries involved before it can fly in or out of a country
or even fly over another country without landing.
• The first five freedoms are regularly exchanged between pairs of
countries in Air Service Agreements.
• However, freedoms are not automatically granted to an airline as a
right; they are privileges that have to be negotiated and can be the
object of political pressures. All freedoms beyond the First and the
Second have to be negotiated by bilateral agreements, such as the
1946 agreement between the United States and the UK, which
permitted limited “fifth freedom” rights.

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Freedoms of the air

Here are some points that those bilateral or multilateral
agreements deal with:
• The freedom of entry into a market
• The maximum amount of seats that can be sold on flghts
between states
• The different tariffs (landing charges, overflying charges,
etc.)
• Overflying rights
• The right to land

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Objectives
• Understanding of the evolution of
Aviation Policy and the historical
background to International Aviation
Policy
• Discuss the importance of the 1944
Chicago Convention on International
Civil Aviation
• Explain the Freedoms of the Air
• Understanding of aviation security
requirements and changes through
historical events

Source: iStock

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 RMIT Classification: Trusted

Aviation Security Regulations

INTERNATIONAL
STATE
ICAO
• Annex 17 LOCAL
Australian Government
• Requires each
contracting state to • Aviation Transport
develop and Security Act and Industry participants
implement Aviation Transport • transport security
regulations, practices Security Regulations program (TSP).
and procedures • establish and • security controls for
implement a civil air cargo and mail
aviation security prior to being loaded
program, and to
• systems for
ensure that airports
authorized personnel
and airlines have
to access
written security
programs that meet • random screening of
the requirements of persons and vehicles
the national program accessing restricted
areas

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What changed after Sep 11th?

• What were the key security measures implemented as a
reaction to the events of September 11th terrorist
attacks??

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What changed after Sep 11th?

Quantity
Transport
Knives On based Pat Cockpit Bomb
Security
Planes liquid downs Access jokes
Authority
bans

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Class exercise
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Any questions??
Please ask or email me if you
have any questions.

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