AVIATION LAW

THE CIVIL AVIATION ORGANIZATIONS

International Civil Aviation Organization (ICAO)
The International Civil Aviation Organisation (ICAO), the specialised agency of the United Nations (UN) for civil
aviation, was created by the Convention on International Civil Aviation signed in Chicago on 7 December 1944.
ICAO's objectives
• to foster the planning and development of international air transport so as to ensure the safe and orderly growth
of international civil aviation throughout the world;
• encourage the arts of aircraft design and operation for peaceful purposes;
• encourage the development of airways, airports, and air navigation facilities for international civil aviation;
• meet the needs of the peoples of the world for safe, regular, efficient, and economical air transport;
• prevent economic waste caused by unreasonable competition;
• ensure that the rights of contracting states are fully respected and that every contracting state has a fair
opportunity to operate international airlines;
• avoid discrimination between contracting states;
• promote safety of flight in international air navigation;
• promote generally the development of all aspects of international civil aeronautics.
Organization of ICAO
The Assembly,
• The sovereign body (Legislative arm) of ICAO
• Comprises of representatives from all Contracting States,
• Meets at least once in three years to discuss civil aviation issues in the technical, economic, legal and
technical co-operation fields.
The Council
• The governing body (executive arm) of ICAO
• Comprises of36 Contracting States Members
• Gives continuing direction to the work of ICAO
• Adopts International Standards and Recommended Practices and to incorporate these as Annexes to the
Convention on International Civil Aviation.
• The Council is supported by:
• the Air Navigation Commission - technical matters,
• the Air Transport Committee - economic matters,
• the Committee on Joint Support of Air Navigation Services and
• the Finance Committee.
The Secretariat
The Secretariat, headed by a Secretary General, is divided into five main divisions
– the Air Navigation Bureau,
– the Air Transport Bureau,
– the Technical Co-operation Bureau,
– the Legal Bureau
– the Bureau of Administration and Services.
ICAO works in close co-operation with other members of the UN family such as:
– the World Meteorological Organisation (WMO),
– the International Telecommunication Union (ITU)
– the International Maritime Organisation (IMO).
• Non – governmental organizations such as
– the Airports Council International (ACI),
– the International Air Transport Association (IATA) and
– the International Federation of Air Line Pilots' Associations (IFALPA) also participate in
ICAO's work.
Activities
International Standards and Recommended Practices
 • By joining ICAO (by accepting the Chicago Convention), states undertake to collaborate in securing the
highest practicable degree of uniformity in regulations, standards, procedures, and organization in all matters
in which such uniformity will facilitate and improve air navigation.
• One of ICAO's chief tasks is to adopt such international standards and recommendations and to keep them
up-to-date through modifications and amendments.
• Standard any specification for physical characteristics, configuration, material, performance, personnel, or
procedures, the uniform application of which is recognized as necessary for the safety or regularity of
international air navigation and to which member states will conform .
 " Standards may thus include specifications for such matters as the length of runways, the materials
to be used in aircraft construction, and the qualifications to be required of a pilot flying an
international route.
• Recommended Practice: any such specification, the uniform application of which is recognized as " desirable
in the interest of safety, regularity, or efficiency of international air navigation and to which member states
will endeavor to conform."
• ICAO's Air Navigation Commission, which plans, coordinates, and examines all of ICAO's activities in the
field of air navigation.
• If the council approves the text, it is submitted to the member states.
• The commission consists of 15 persons, appointed by the council from among persons nominated by member
states.
• While recommendations are not binding, standards automatically become binding on all member states,
except for those who find it impracticable to comply and file a difference under Article 38 of the Chicago
Convention.
Annexes to the Chicago Convention
• The various standards and recommendations that have been adopted by ICAO and are grouped into 19
annexes to the Chicago Convention.
• The aim of most of the annexes is to promote progress in flight safety, particularly by guaranteeing
satisfactory minimum standards of training and safety procedures and by ensuring uniform international
practices.
Air Navigation
Air navigation covers a broad spectrum of activities:
• short take-off and landing airplanes to supersonic transports,
• security questions to the impact of aviation on the environment,
• training and operating practices for pilots to the facilities required at airports.
 ICAO's program regarding the environment provides a case in point. Growing air traffic and
increased use of jet engines have heightened public awareness of the environmental impact of civil
aviation.
In 1968, ICAO instituted activities aimed at reducing aircraft noise. The first measures involved development of
inter-nationally agreed standards for the noise certification of aircraft (contained in Vol. I of Annex 16 to the Chicago
Convention), which resulted in a quieter generation of jet aircraft.
• Comparable studies of aviation's share in air pollution have resulted in the development of standards (Vol. II
of Annex 16) relating to the control of fuel venting and of smoke and gaseous emissions from newly
manufactured turbojet and turbofan engines for subsonic airplanes.
• Concern about the continuing threat of violence against international civil aviation and its facilities (unlawful
seizure and the sabotage of aircraft), led to adoption by the council of Annex 17 to the Chicago Convention
• Contains standards and recommended practices aimed at safeguarding international civil aviation against
acts of unlawful interference.
• As part of its continuing effort to improve air safety, ICAO has adopted standards for the safe transport of
dangerous goods by air (Annex 18).
Technical Assistance
• Importance of the airplane for international and domestic transport in countries where road and railway
services are lacking. As a means of aiding these countries in their social and economic development, ICAO
operates technical assistance programs through UNDP and other UN organs.
• UNDP obtains its funds from donor countries and allocates these funds among recipient countries in the form
of country, intercountry, and interregional projects.
 • The Funds-in-Trust program provides financial assistance for specific projects in the country receiving the
technical assistance.
• The Associate Experts program provides experts from certain countries to work under ICAO guidance.
• Civil aviation project:
• experts to provide specialist advice to the civil aviation administration or national airline;
• fellowships to allow nationals to be trained abroad in civil aviation disciplines, often at civil aviation training
centers that have been established through ICAO technical assistance;
• equipment, such as radio navigational aids or communication facilities, to ensure safe and regular air service.
• training as pilots, aircraft maintenance technicians, air traffic controllers, radio and radar maintenance
technicians, communication officers, airport engineers, electronics engineers, air transport economists,
aeronautical information officers, aeronautical meteorologists, aviation medicine specialists, accident
investigation experts, flight operations officers, airport fire officers, and instructors.
• Equipment provided:
• air traffic control,
• radar,
• flight simulators;
• training aircraft;
• radio communication and radar systems;
• distance-measuring equipment;
• very high frequency omni radio ranges;
• instrument landing systems ILS;
• nondirectional beacons;
• "navaid" flight-test units;
• airworthiness data-acquisition systems;
• language laboratories;
• audiovisual aids;
• visual approach slope indicator systems;
• firefighting vehicles.
Major training institutions assisted by ICAO:
• civil aviation training centers in Egypt, Ethiopia, Gabon, Indonesia, Kenya, Mexico, Nigeria, Singapore,
Thailand, Trinidad and Tobago, and Tunisia.
International Air Transport Association (IATA)
IATA is a trade association of the world’s airlines.
• Consists of 280 airlines, primarily major carriers, representing 122 countries
• IATA's member airlines account for approx 83% of total air traffic.
• IATA supports airline activity and helps formulate industry policy and standards.
• It is headquartered in Montreal, Quebec, Canada with Executive Offices in Geneva, Switzerland.
IATA Priorities
Safety
• The main instrument for safety is the IATA Operational Safety Audit (IOSA).
• IOSA has also been mandated at the state level by several countries. In 2012, aviation posted its safest year
ever.
• Future improvements will be founded on data sharing with a database fed by a multitude of sources and
housed by the Global Safety Information Center.
• In June 2014 IATA set up a special panel to study measures to track aircraft in flight in real time. The move
was in response to the disappearance without trace of Malaysia Airlines Flight 370 on 8 March 2014.
Security
• Security has become increasingly important following the September 11 attacks in 2001.
• Following a series of uncoordinated rules by different countries, the industry has developed a Checkpoint of
the Future, which is based on risk assessment and passenger differentiation.
Simplifying the Business
• launched in 2004.
• introduced a number of crucial concepts to passenger travel:
• electronic ticket
• the bar coded boarding pass.
 • Many other innovations are being established as part of the Fast Travel initiative, including a range of self-
service baggage options.
• New Distribution Capability was launched in 2012 - replaced the pre-Internet EDIFACT messaging standard
that was still the basis of the global distribution system /travel agent channel and replaced it with an XML
standard.
• This will enable the same choices to be offered to high street travel shoppers as are offered to those who
book directly through airline websites.
Environment
• IATA members and all industry stakeholders have agreed to three sequential environmental goals:
• An average improvement in fuel efficiency of 1.5% per annum from 2009 through 2020
• A cap on net carbon emissions from aviation from 2020 (carbon-neutral growth)
• A 50% reduction in net aviation carbon emissions by 2050 relative to 2005 levels.
• At the 69th IATA annual general meeting in Cape Town, South Africa, members overwhelmingly endorsed a
resolution on “Implementation of the Aviation Carbon-Neutral Growth (CNG2020) Strategy.”
• The resolution provides governments with a set of principles on how governments could:
• Establish procedures for a single market-based measure (MBM)
• Integrate a single MBM as part of an overall package of measures to achieve CNG2020
IATA member airlines agreed that a single mandatory carbon offsetting scheme would be the simplest and most
effective option for an MBM.
Services
• IATA provides consulting and training services in many areas crucial to aviation.
• Travel Agent accreditation is available for travel professionals.
• Full accreditation allows agents to sell tickets on behalf of all IATA member airlines.
• Cargo Agent accreditation is a similar program.
• IATA also runs the Billing and Settlement Plan (a $300 billion-plus financial system) that looks after airline
money.
• IATA provides a number of business intelligence publications and services.
• Training covers all aspects of aviation and ranges from beginner courses through to senior management
courses.
• IATA manages the Ticket Tax Box Service (TTBS), a database of taxes for airlines.
Federal Aviation Administration (FAA)
The Federal Aviation Administration (FAA) of the United States is a national authority with powers to regulate all
aspects of civil aviation:
• The construction and operation of airports,
• the management of air traffic,
• the certification of personnel and aircraft, and
• the protection of US assets during the launch or re-entry of commercial space vehicles.
• The operating and maintaining aids to air navigation.
• Aviation oversight.
History
• The Air Commerce Act of May 20, 1926, is the cornerstone of the federal government's regulation of civil
aviation.
• It was passed at the urging of the aviation industry, whose leaders believed the airplane could not reach its
full commercial potential without federal action to improve and maintain safety standards.
The FAA's roles include:
• Regulating U.S. commercial space transportation
• Regulating air navigation facilities' geometric and flight inspection standards
• Encouraging and developing civil aeronautics, including new aviation technology
• Issuing, suspending, or revoking pilot certificates
• Regulating civil aviation to promote safety, especially through local offices called Flight Standards District
Offices
• Developing and operating a system of air traffic control and navigation for both civil and military aircraft
• Researching and developing the National Airspace System and civil aeronautics
• Developing and carrying out programs to control aircraft noise and other environmental effects of civil
aviation
 Organizations
The FAA is divided into four "lines of business" :
• Airports (ARP) — plans and develops projects involving airports, overseeing their construction and
operations. Ensures compliance with federal regulations.[4]
• Air Traffic Organization (ATO) — primary duty is to safely and efficiently move air traffic within the
National Airspace System. ATO employees manage air traffic facilities including Airport Traffic Control
Towers (ATCT) and Terminal Radar Approach Control Facilities (TRACONs).[5] See also Airway
Operational Support.
• Aviation Safety (AVS) — Responsible for aeronautical certification of personnel and aircraft, including
pilots, airlines, and mechanics.[6]
• Commercial Space Transportation (AST) — ensures protection of U.S. assets during the launch or reentry
of commercial space vehicles
The Joint Aviation Authorities (JAA)
• An associated body of the ECAC representing the civil aviation regulatory authorities of a number of
European States who had agreed to co-operate in developing and implementing common safety regulatory
standards and procedures.
• JAA started as the Joint Airworthiness Authorities in 1970.
• Originally, its objectives were only to produce common certification codes for large aeroplanes and for
engines in order to meet the needs of European industry and international consortia (e.g., Airbus).
• After 1987 its work was extended to operations, maintenance, licensing and certification/design standards for
all classes of aircraft.
• It was not a regulatory body, regulation being achieved through the member authorities.
• The offices of JAA are located in the premises of European Aviation Safety Agency (EASA) in Cologne,
Germany.
• The adoption of the Regulation (EC) No 1592/2002 by the European Parliament and the Council of the
European Union (EU) and the subsequent establishment of the EASA created a Europe-wide regulatory
authority which has absorbed most functions of the JAA (in the EASA Members states).
• With the introduction of the EASA some non-EU members of the JAA became non-voting members of the
EASA, while others were completely excluded from the legislative and executive process.
• Among the functions transferred is safety and environmental type-certification of aircraft, engines and parts
and approval.
• Additional responsibilities have been subsequently added over time. In 2009, JAA was disbanded. Only the
training organisation, JAA-TO, remains.
Civil Aviation Authority (CAA) UK
History
 The CAA was established in 1972, under the terms of the Civil Aviation Act 1971, following the
recommendations of a government committee chaired by Sir Ronald Edwards. [5] Previously, regulation of
aviation was the responsibility of the Air Registration Board. The current main Act of Parliament regulating
aviation in the UK is the Civil Aviation Act 1982. Responsibility for air traffic control in the UK passed to
NATS in the run-up to the establishment of its public-private partnership in 2001.
The Civil Aviation Authority (CAA) is the statutory corporation which oversees and regulates all aspects of civil
aviation in the United Kingdom.
 The CAA head office is located in CAA House on Kingsway in Holborn, London.
 The CAA Safety Regulation Group is in Aviation House in Gatwick Airport in Crawley, England.
 The CAA is a public corporation of the Department for Transport.
 From 1 April 2014, the CAA took over a number of aviation security functions from the Department for
Transport.
 The new Directorate of Aviation Security within the CAA now manages rule-making and compliance to
deliver proportionate and focussed regulation for UK aviation to ensure the highest standards of security
across the civil aviation sector. The CAA also manages all national security vetting for the aviation industry.
 Air Safety Support International, a subsidiary of the CAA, is responsible for air safety in the British
Overseas Territories.[
CAA Responsibilities
The CAA regulates (approximately):
• Active professional and private pilots (50,000)
 • Licensed aircraft engineers (12,400)
• Air traffic controllers (2,350)
• Airlines (206)
• Licensed aerodromes (141)
• Organisations involved in the design, production and maintenance of aircraft (950)
• Air Travel Organisers' License (ATOL) holders (2,400)
• Aircraft registered in the UK (19,000)
• The CAA also oversees the Air Travel Organizers’ Licensing (ATOL).
• If a travel company with an ATOL ceases trading, the ATOL scheme protects customers who had booked
holidays with the firm. It ensures they do not get stranded abroad or lose money. The scheme is designed to
reassure customers that their money is safe, and will provide assistance in the event of a travel company
failure.
Universal Federation of Travel Agents Association (UFTAA)
• A federation of national associations of travel agents and tour operators
• The largest world body representing the travel industry.
• represents 114 National Associations and additional Affiliate members in a total of 121 countries.
• UFTAA has consultative status with the UN/NGO/ECOSOC, and works closely with other world bodies
such as UNESCO, WHO for a sustainable development and responsible tourism.
• UFTAA seeks to encourage travel among people of all nations and to support the freedom of travel
throughout the world.
• To this end, UFTAA is an effective lobbying body and opposes legislation directly harmful to travel and free
movement.
• UFTAA seeks to reduce or abolish bureaucratic obstacles to travel. Recognizing the need to unify travel
agencies and tour-operators into one international federation carrying the voice and defending the rights of
travel industry professionals,
• UFTAA was founded in 1966 as a result of a merger of two large world organizations, FIAV and UOTAA.
• UFTAA is dedicated to Education and Training and maintains the UFTAA Educational Academy.
• UFTAA has an active partnership with the IATA/UFTAA Training Programme
• Includes a four level educational programme. The new courses also include Marketing.