The words you are searching are inside this book. To get more targeted content, please make full-text search by clicking here.
Discover the best professional documents and content resources in AnyFlip Document Base.
Search
Published by constantinos, 2019-11-26 06:49:34

Vol.12 Air Law

Vol.12 Air Law

Table o/Contents

CHAPTER 1
Abbreviations and Definitions

Section 1 - Common abbreviations used in the JM Central Question Bank ... ............................. . ............ 1-1

Section 2 - ICAO Definitions. .. .... ............................................... ... ......... ..... ........... 1-6

CHAPTER 2
The History of Aviation Law and the Chicago Convention 1944

Background ... ... ................. ................. ..... .................... ... ............ ..... .................... ............................2-1

Introduction ..................................... ..... ............................. .. ......................... ...................... .. ............... .......2-1

Safety .. ..................... .......... .. ....... ........................ .... .. ............ ... ...... .... .......... ...... .............2-1

International Law. . ...... ........ ........................... ......... ..............................................2-1

Scheduled and Non Scheduled Air Services.. ...... .............. .......... ...... ...................... .....................2-2

1919 Aeronautical Commission of the Paris Peace Conference .......... ........ ... ... ........ .................................2-2

Convention of the Unification of Certain Rules to International Carriage by Ai r (Warsaw 1929) ...................2-2

1944 Convention on International Civil Aviation (the Chicago Convention ) ... .. .... .......................................2-3

Part I - Air Navigation ............ ... ... .................... ............ ................. .................. ........................................... 2-4

Part II - The International Civil Aviation Organisation.. ...... ..... .. .... .. ........... ......... 2-8

The Organisation .............................. ........ ........................ .. ........ . ................ ....... .................... . ... ......2-8

Th e Assembly .... ...................... .................... .. ........................ .............. ........... .. ............................2-9

Annexes to the Convention ....... ............................. .. .. ................. .... ......... ... .. ........ ............................2-9

Other International Agreements made at Chicago ............................ ..... .............................................2-11

The International Air Transport Ag reement and the International Ai r Services Transit Agreement... ..........2- 11

Supplementary Freedoms ..... ........... ....... ..... ......................... ... .......... .............. ........ 2-11

The Convention of Tokyo 1963 ................. ............ ............................. .................................. . ...... ......2-12

The Hague Convention of 1970 ....... ..................... .. ............................. ...... ................. ....... ........2-13

Th e Montreal Convention of 1971 ..... ... .. ..... ..... . ...... ....... .. .............. .. ............. ... ...2-13

Addendum to Chapter 2.. ............ ....... .............. .... ... ............ .. .. .. ........ .. . ... .............. ............. .......2-14

Chapter IX - The Council ..... .......... ......... ........... ...... .... ... .................. ..... .... .. .................... .......... ..........2-17

Chapter X - The Air Navigation Commi ssion... .. ... ... .... ................ ... ... ........ .. ................... ............ .....2-19

CHAPTER 3

Other International and European Organisations

The International Air Transport Association (lATA) ...... .... ... ..... ................... " ....... .. . ............ ......3-1

The Convention of Rome 1933/1952 ................ .............. ............ , .. ........................ ... .. ........ .. .. .................3-1

Commercial Practices and Associated Ru les (Leasing) .................., .............. ....... .. ...................., .....3-1

Leasing of Aeroplanes between JM Operators ......................... ...... ... .. .. ........ ..........................................3-2

Leasing of Aeroplanes Between a JM Operator and Any Bod y Other Than a JM Operator ..................... 3-2

Leasing of Aeroplanes at Short Notice .. ............. .............. , .................... ..,3-3

European Civil Aviation Conference (ECAC) .... ...... .... , ".............. .. ............................. ..................... .. .... 3-3

ECAC Objectives ............... .. .. ... .. .. .. .. ................. ............. .... ... ...................... .. .............. .... 3-3

Joint Aviation Authorities (JAA).. .. ............................. .. . ...................... .. .. .............. .. 3-3

JM Organisation. , ........ ".... .... ........ ... ............ ........ .. .3-3

Functions of JAA.. .. ..... , .. ....................... ................... .. .. .................... . .......... 3-4

Organisation and Procedures .. , ................ .......... ......... .. ......................................... ............ .......... 3-4

JANFM Harmonisation . .. ..................... .. ............................... ................, ............. .. ......3-5

Eurocontrol ..........,"""" .... ,""""""""""" ,.. " ....... " .. ,""""""""""""" ,... ,"""",.,"""""'" ,3-5

Air Law VII

Table o/Contents

CHAPTER 4
Flight Crew Licensing (Aeroplanes)

Introduction ... ... ................. .................................................................. 4-1

JAR-FCL.. .............................................................. ................ 4-1

Licensing Requirements and Regulations ................. ... .... _ ____________ ...... __ .. _. .. ________ ........... _......... _______ 4-2

Specific Requirements for Licence Issue PPL(A) ___________ .......................... ___________ __ 4-3
........ _______________ 4-5
ATPL(A) Experience. ............... ___ ._._______________ __________________________

CPL(A) Experience. ._.......... _..... __ .________________________________________ .. ______ ... _. ___________________ 4-5

Instructor Ratings .............................. _. _.. ___ ........... ___ .__ _______________ __________________ _________ 4-6

Examiners (Aeroplane) _____________________________________________ .. __ .___ .___ .__ .. ______________ .......... _____ ___________ 4-6

Class and Type Ratings .... ______ ._. _._________ ____________________________ _____ ._._... ____________________ 4-7

Instrument Rating (IR(A)) .. _______________________________ ______________________________ .______________________ .______ ____ 4-8

Recent Experience.. ......... _____ .______ .____________________________________ _____ ._... __ .... ___________________ _____ 4-9

Curtailment of Privileges of Licence Holders Aged 60 Years or More _.____ ...................... _________ _ __________ 4-9
Medical Requirements _....... ________ .. ._______________ .. ______________________________________ ._______ .______ ..... _.......... ____ _ ________ 4-10

JAA Th eoretical Kn owledge Exam inations for ATPL (A) ____________________ ... ......... __ ... _ ___________ 4-12

CHAPTER 5

Registration of Aircraft and Aircraft Markings

Nationality, Common , and Registration Marks .. _____ .. ___ _ ______ ____ ____ ____ _ __________ 5-1
Location of Nationality, Common, and Registration Marks .. _. ___ ._________ ___________________________________________ 5-2

Registration of Aircraf!.. ........... __ ._ ........................ __ . ___________________________________ .......... 5-3

Introduction. CHAPTER 6
Certificate of Airworthiness. Airworthiness of Aircraft

_______________________________ _________________ ... _.......... __________ 6-1
............ ____ .____ 6-1

CHAPTER 7

Rules of the Air

Introduction __ ... ______________ ..... ___________________ ____________________________________ .___ .___ .___ .______ .____ ... _____ _____________________ 7-1

General Rules.. ...... _______________ .______________________ .. _____________________ .......... _..... _.__________________________ 7-2

Negligent or Reckless Operation of Aircraft _..... ____ ._. __________________________ ._.. __ .__ ................. ___ .___________ ____________ 7-2

Minimum Heights ________ ______________________________________________ ._. __ ........................ ___________________________ 7-2

Cruising Levels ____________________________________________________________________ _____________ .___ .___ ............. .____________________________ 7-2

Prohibited and Restricted Areas______________________________ ............... _ ______ __________________ 7-2

Avoidance of Collisions ____________________________ ............................. _____ ________________________ 7-2

Simulated Instrument Flight (SIF) ______________________________________________ .____ ._.. . ........ .... ___________________ .. __ .. ___ 7-7

Flight Plans ________________________________________________________ ..................... _____ _________ ___ ._._ ... 7-7

Communications. . ...... ......... ....................................................................... 7- 10

Visual Flight Rules (VFR) ___________________ .__ .. _._ .. ............. _ _____________ ...... 7-12

Instrument Flight Rules _________________________________________________ ................................. _ _________________ .__ ....... 7-14

Rules Applicable to IFR Flights within Controlled Airspace.. . _._ ..... ____________________ .. __ .. __________________ 7- 15

IFR Flight Levels _____ ___________________ ___ .. _.. ... .... ............. _. _______ .______________ ............... 7-15

Rules Applicable to IFR Flights Outside Controlled Airspace ......... _._ _____ _ ____________________________________________ 7- 15

Communications. .................... _._. __ ._________________________ .. __ .. ................ _____ 7-16

Position Reports _._____ _________ ... .................. _ .... ____________________ .___ 7-16

Special VFR (SVFR) .. ._........................... _______________________________________________ ___ 7-16

Cruising Levels.. ._........... _.......... _.__,__ _________________ ............... ___________ 7-1 7

Table of Cruising Levels .. .................. _... __._____________________ ............ __.________ 7-20

Appendix 1 to Chapter 7. .............................. _.. _________________________________________________ ._............. ___________ 7-22

Signals for Use in the Event of Interception . .._ .. ____________________________________________ .......... _......... _____ ___ 7-22

VJ II Air Law



Table ojCol11el7/s

CHAPTER 8
Signals

Introduction .......... ........ .................. ..... ..... ........ ............ ........................................................... ...8-1

Emergency Signals .................... ...............................................................................................................8-1

Aerodrome Signals ........ ..... ......... ................................................................................................................8-2
................................................. ~.................................. 8-2
Acknowledgemenl ................ .. .....................

Visual Ground Signals...... ... ....... ............ ..................................... ................ .....................................8 -3

Signals from the Pilot of an Aircraft to a Marshaller ......................................... ........... ................... ...... .8-8

CHAPTER 9
Altimeter Setting Procedures

Expression of Vertical Position ............ ......................... ...... ..... .. ................. ........................9-1

Transition ........................ ...... ............................. .............................................. .................9-2

Use of QN H or QFE .... ................ .............................................................. .. ... ......................9-3

Flight Planning ....... ......... .... .......................................................................... ............ .. .. ............................9-4

CHAPTER 10
Instrument Procedures

Introduction ....................................................................... ............................... .... ................................ 10-1

Publ ications.. ...................... ............ .... ........ ...... ............. .... ..... .......................................... .... 10-1

Obslacle Clearance .......................... ..... ... ........ ...... ...................... ...... 10-2

Abbreviations ......................... .............. .. ... .... ............. ...... ........ ........ .... ...................... ........... 10-2

Departure Procedures .......... ...... .......... ......... .... ..................... ..... . ...................................... 10-2

The Instrument Departure Procedure ............................. ...... .......................... .......... 10-3

Establishment of a Departure Procedure ........... ........... ..................... ... .... .... .... ................ ...... 10-3

Standard Instrument Depa rtures.. ................................... ........................ .............. ..................... ....... 10-5

Contingency Procedures.. .................................................................................................... ......... .10-6

Published Information ..................................................... .............. .. ........ ..... ....... .... ..... 10-8

Airways Departure Routes (SID Charts) ............... ..................................................................... 10-8

The Instrument Approach Proced ure .. ........ ....... ........................................... .10-1 3

Obstacle Clearance ......................................... .. ............. ..... ................................................................10-15

Accuracy of Fixes ................................................ .......................................... ........................ 10-21

Descent Gradient ............................ .................... ................................................................... 10-24

Approach Segments ..... ..... ................. ........................... .................................................. 10-24

Standard Arriva ls Routes (STARS) ........ .......... ......................................................................................10-24

Missed Approach .................................................................................................................................... 10-28

Visua l Manoeuvring (Circl ing) VM(C)A in the Vicinity of the Aerodrome ........................................ 10-30

Published Information .................. .................................................................. ..................... ............. 10-31

Holding Procedures ....................................................... .... .......... ... .... ................................ 10-36

Simultaneous Operations on Parallel or Near Parallel Instrument Runways .... ....................................... 10-42

CHAPTER 11
Aeronautical Information Service

Introduction ......................................... .................................................................................... 11-1

Responsibilities and Function. ...... .... . ........ ......................................................................................11-1

The Integrated Aeronautical Information Package (IAIP) ...........................................................................11 -1

Prohibited, Restricted, and Danger Areas ................................................................................................11-2

NOTAM (Notice to Ai rmen) .............................................................................................. . ...................... 11-3

Aeronautical Information Regulation and Control (AIRAC) .................... ............................ 11-6

Aero nautical Information Circulars (AIC) ..................................... ............................. ..... .. ............ ..... 11-7

Pre-Flight and Post Flight Inform ation.. ............................. . ........... ......................................... 11 -8

Aeronautica l Information Publication (AlP)................... . ............ ................. ....... .................... .... 11 -8

Contents of Aeronautical Information Publication (AI P) ................ ........................... ........... ... ............ 11 -9

Air Law IX

Table ofCantenlS

CHAPTER 12
Air Traffic Services and Airspace

Introd uction ........................................................ ....................................... ...... ...... ............................. 12-1

Objective of the Air Traffic Services (ATS) .. . .. .... ........ .............................. 12-1

Divisions of the Air Traffi c S ervices.. .. .. .......... ................. .... ... ................. ......................... .... 12-2

Determination of the need for Ai r Traffic Services ...... .. ......................................................................... . 12-2

Classes of Airspace. .................................................... 12-2

Required Navigation Performance (RNP) ...... .. .... .. ... ........................ .... .... .... .... . ...................................... 12-5

Units Prov iding Ai r T raffic Services. . ............... . ................ ..... ...... ............... ................... . .... ... ..... ... 12-5

Flight Informati on Regions (FIRs ) .. .... .............................. .. ..... .. ... .. ........................................................ 12-6

Control Areas ............... ....................... .......... ..... ............................ .............. .... ....... .. ................. 12-6

Flight Information Regions or Control Areas in the Upper Airspace ................... ..... . ... .... ... .. ...... . 12-7

Control Zones ......... .............................. .... .......... ...... .. ...... ..... ....... .... ........................................................ 12-7

Service to Aircraft in the event of Emergency ...................................................... ..... ........... 12-10

Time in Air Traffic Services........................... .... ............................................... .. ................ ... .......... 12-1 0

ATS Route Designators. ...... .. ..... ..... .. .. .. . ............... 12-10

Air Traffic Incident Report (ATI R) ........................... ............... ................. 12-1 4

Collision Avoidance Systems (ACAS - Airborne; TCAS - Traffic). ..... .. .. .. ... .... ......... .... 12-1 5

Use of ACAS/TCAS Indications . .. ........................ .... .... .... ................... ..... . .... 12-1 5

CHAPTER 13
Air Traffic Con trol Services

Introd uction. ...................................... ...................... .......................... 13-1

Ai r Traffic Control Service .................. ...... ...................... ... ..................... .. ........ .... .. ...... ... .... 13-1

Operation of Air Traffic Control Service... .................... ................................... ...................... .... 13-3

Emergency and Communication Failure .................................. ........................................... .... .. ............. .... 13-8

CHAPTER 14
Flight Information Service (FIS)

Appl ication ............. .. .......................... .... ........... ... ... .. .... .... ............................................................ ..... 14-1

What is provided bya FI S.. ............................. ..................................... . .................... ... . 14-1

Operational Flight Information Service Broadcasts (OFI S). ..... ................ .... .... .... .................. ........ 14-2

CHAPTER 15
Ae rod rome Control Serv ice

Introduction . ....... ...... ... ........................................................... 15-1

Aerodrome Traffic Zone (ATZ) . .... ........ ................... ................ ...... 15-1

Functions of Aerodrome Control Towers..... ....... .... .... ...................... ............. .... ................... ... ....... 15-2

Traffic and Taxi Circuits.. ......................... .... ..... ... .... ... ... .. ............... 15-2

Information to Aircraft by Aerodrome Control Towers ........................................................... .................... 15-5

Contro l of Aerodrome Traffic ........................ ... ..................... ..... ......... ... .. ..... .. .. ...... ... ... 15-6

Control of oth e r tha n Aircraft Traffic on the Manoeu vring Area ..... ... ............................. ................ . 15-7

Control of Traffic in the Traffic Circu i!...... ... ...... .. .. .... .. .. .. ........................ ........ .. ...................... ... 15-7

Wake T urbu lence Categorization of Aircraft and Increased Longitudina l Sepa ration Minima .................. . 15-9

x Air Law

,

Table a/Camellls

CHAPTER 16
Approach Controt Service

Introduction ..............................................................................................................................................16-1

Departures. ............. .. .......... ..... ....... .. ....... ............................................................ ................. 16-1

Arrivals ......................................................................................................................................................16-2

Approach Sequence (Stacking ) ...................................... ................ ..................... ................ 16-4

Information for Arriving Aircraft .................................................................................................................16-6

CHAPTER 17

Area Controt Service

Introduction ..............................................................................................................................................17-1

Separation ....... ....................................................... ...................... ..................................... 17-2

Vertical Separation ...... .... ............. ................................................. ............................................. 17-2

Horizontal Separation ............................... .............................. .... ....... ....................................... 17-3

Lateral Separation ..... ... ..... ... ...... ..............................................................................................17-4

Longitudinal Separation ................ ......... .. ... ..................................... ........ .... 17-6

Reduced Separation Minima ............................... ....... ............................................................................17-14

CHAPTER 18

Air Traffic Advisory Service

Introduction .............................................................................................................................................18-1

Objective and Basic Princi ples.. .. ............... ................................ ............................ ............. ...... 18-1

Operation ...... ........................... ...................... .......... ...... ....................................................... 18-1

Ai rcraft Using the Air Traffic Advisory Service......................................................................................... 18-2

Aircraft Not Using the Air Traffi c Advisory Service.. ..................... ................ .18-2

Air Traffi c Services Units .......... ... .............. .......... ... ................ ..................................... ............... 18-2

CHAPTER 19 ..
Radar in Air Traffic Control

Introduction ..................................................................... ................................... ..................................... 19-1

Radar Coverage.. ................................... ... ... ...... .... ........... ........... .................. ............... ...... 19-1

Identification of Aircraft ...................................... .................................... .................. .................................. 19-3

SSR Identification Procedures ....... ........................................................................ .............................. ...... 19-3

PSR Identification Procedures ............................................................................... ..... ............................. 19-3

Position Inform ation ............ .................... ...................................... .......................................... 19-4

Radar Vectoring ......... ................................... ................................... ................. .................... 19-4

Use of Radar in the Air Traffic Control Service ................................................... ............................... 19-7

Radar Separation Minima ................ . ...... .. .................... .......................................... ........ 19-7

Emergencies, Hazards , and Equipment Failures ............................................................................. ....... 19-9

Use of Radar in th e Approach Control Service................. ... ................................................. ... .19-9

Radar Approaches ............ ............. ................. ....................................................................... .... 19-11

Use of Radar in Aerodrome ControL ..... ........... ......... ... .... ................................................ ................ 19-1 2

CHAPTER 20

Secondary Surveillance Radar

Introduction ....................................... ................... .......... .... ...................................20-1

Operation of Tran sponders ............................ .......................... ............ 20-2

Emergency Procedures. . . ........................ ................................................... 20-3

Communication Failure Procedures ..................... ...... .................................. .......................................20-3

Unlawful Interference with Aircraft in Flight... .. ............................................................................. ..20-3

Phraseology.... .... .. ... ..... ......... .. ....... ..... .................................................................. ...................20-3

A ir Law XI

Table ofContt:nts

CHAPTER 21

The Alerting Service

Alerting Service ......................................................................... .............................................................. 21-1
Phases of the Alerting Procedure .............................................................................................................. 21-2
Format of Notification of Declaration .......................................................................................................... 21-3
Additional Information for the RCC..........................................................................:.................................. 21 -3
Information to Aircraft Operating In the Vici nity of an Aircraft in a State of Emergency.............................. 21-3
Unlawful Interference ............................................................................................................................... 21-3

CHAPTER 22
Search and Rescue

Introduction ............ .................................................... . ................. ................................................... 22-1

Organisation............................................................................................................................................. 22-1

Operating Proced ures ....... .. .......... .......... ........................ ........................................... 22-2

Search and Rescue Signals ...................................................................................................................... 22-4

Ground/Air Signals used by Rescue Units ................................................................................................. 22-6

Air-To-Ground Signals ........................................................................................................ 22-6

CHAPTER 23
Aerodromes

Annex 14 ......................................................................................... ........... .............................. 23-1

Types of Aerodrome........................ .. ........... ........................................ ....... ... .. .. .. ........... ............. .. 23-1

Parts of an Aerodrome ........................................................ ........... ............................................. 23-1

Aerodrome Reference Code ................... ...................... ...... .... ........................ ........................... 23-1

Aeronautical Data ............ ... ...................................................................... ............. ...... ............................. 23-2

Run ways ........................................................................................... ..... ........ ......... ................................ . 23-5

Taxiways .............................................................................................................................................. 23-7

Taxiway Curve ........................................................................................................................................ 23-9

Holding Bays, Taxi Holding Positions ...................................................................................................... 23-9

Aprons .................................................................................................................................................. 23-10

Visual Aids for Navigation ...................... .................. ........................................................... .. ... 23-10

Markings .................... ........ ........ .. ................................... ..................................... 23-11

Runway Markings..................................................... ................................................ .. .. 23-11

Runway Centre line Marking .............................. ............................................................................. . 23-12

Threshold Markings .............................. ............... .. .................................................................. 23-12

Displaced Threshold Marking.. .. ................................................................................. 23-13

Aiming Point Marking ......... ................ ........... ............. ................ ................... ... 23-14

Touchdown Zone Marking.. .................. .............. .. ....................................................................... 23-14

Runway Side Stripe.. .............. ...................... .. ... 23-16

Taxiway Markings ....... .................................................................................. ... .. ..... ................... 23- 16

Taxiway Centre Line Marking .......... .............................. ... ............................................ .. .......... 23-16

Runway Holding Position Marking............. ......................... .. ................................. .. .... ....... ................ 23- 16

Taxiway Intersection Marking..... ..... ................................................ .. .................. ......................... 23-17

VO R Aerodrome Check-Point Marking ............................ .. ..................................... 23-18

Aircraft Stand Markings ..................................................... .. ...... .............. ........ ............................... . 23-19

Apron Safety lines ............................ ...................................... .... ........................ .. 23-19

Information Markings .................. ......................................................................................................... 23-19

Signs ...................................................................... . ............................................................... 23-1 9

Markers ............................................ .................... ..................................................................... 23-23

Aerodrome lighting ................................ .... ........................................................................................... 23-24

Approach lighting Systems .................. .. ............................................................................................ 23-25

Precision Approach Path Indicator (PAPI and Abbreviated PAPI ) .......................................................... 23-32

Minimum Eye Height (MEHT)....................... .... ... .. ..................................... ..... ......................... ... ........ 23-33

XII Air Law

t

Table o/Colllenls

Runway Lights ...................................................................................................................................... 23-34

Taxiway Lighting .....................................................................................................................................23-34

Obstacles ...............................................................................................................................................23-38

Malking of Vehicles.................................................................................................................................23-40

Emergency Vehicles ..................................... ....... .......... ...................... ............................. ............. 23-40

Emergency Services .. ... ...... ...................................................................................................................23-40

Bird Hazard ................................... .......................................................................................23-40

CHAPTER 24
Aviation Security

General.. ...................................... ............. .............................. ...................... .................... 24-1

Aims and Objectives .............................. ................................. .. .. ................... .............. 24-1

National Organisation ......................................................... ......................................... ......... 24-1

International Co-Operation.... . .................. . ........................................ 24-1

Preve ntative Security Measures ......... ........................ ............................... ............ 24-2

Carriage of Legal Weapons . ................ .. .............................................. .......... 24-2

Pre-Flight Checks. ......... ... .................... ............ .. ........... ............................................. ...... 24-2

Measures Related to Passengers and their Cabin Baggage ........................ .................. 24-2

Missing Passengers ............................ ...................... ......... .... ......................................................24-2

Measures Relating to Access Control ................. ................................. .... . ... .................. 24 -2

Management of Response to Acts of Unlawful Interference .................................. .................................24-3

Flight Deck Door ............. ... ..................... .................................................... . .................................24-3

Training Programmes ........................ .............................. .......................... ..24-3

Isolated Aircraft Parking Position .................................................. ...........................................................24-3

CHAPTER 25

Aircraft Accident Investigation

Introduction ......................................................................................... ...............................25-1

Definitions ......... ............ .......................................... ..........................................................25-1

Objective of the Investigation.. ...... .............. ..... ................................................................ .......... 25 -2

Protection of Evidence, Custody, and Remova l of Ai rcraft. .............................................. .. ................25-2

Request from State of Registry or State of Operator ...............................................................................25-2

Request from State of Design or State of Manufacturer ..... .................. .. . ........... .. ........25-3

Notification for Accidents or Serious Incidents ........................................... .......... .. ...... .......... . .. ...25-3

Reports ...................................................................................................................................................25-4

CHAPTER 26

Facilitation

Introduction .......................................................................... . .................. ................. ...... 26-1

Entry and Departure of Aircraft .............................................. .... . .. .................... .26-1

Entry and Departure of Persons and their Baggage .............. .. ................. ...............................26-3

Departure Requirements and Procedures ............................... .. ............... .26-4

Inadmissible Passengers, Deportees and Persons in Custody .. .................................................. ........ 26-4

CHAPTER 27

National Law

Introduction .... ... .......... ............ ...... ......... ...... ........ ............................................ .. .............27-1

The Law of the UK ............................ ......................................................................................................27-1

Major UK Differences ............ .. .. ......................................................................... .................. 27-1

Roya l Flights................ ...... ........... .. ...............................................................................................27-3

Military Aerodrome Traffic Zones (MATZ)..................... ........................... .. .............27-3

Air Law XIII

h

INTRODUCTION

This chapter of Aviation Law contains two sections and is intended fo r use with all the course
material provided:

SECTION 1 - COMMON ABBREVIATIONS USED IN THE JAA CENTRAL QUESTION BANK

A Ampere A Altitude
ABM Abeam ALT Alternate
ABN Aerodrome beacon ALTN Approach
AC Alternating current APCH Airport
AC Altocumulus APT Auxiliary power unit
ACAS Airborne collision avoidance system APU Arrival
ACFT Aircraft ARR Altostratus
ACT Active AS Accelerate stop distance available
AD Aerodrome ASDA Above mean sea level
ADC Air data computer AMS L Actual time of arrival
ADDN Additional ATA Air traffic control
ADF Automatic direction finding ATC Automatic terminal information service
AD I Attitude director indicator ATIS Actual time overhead
AEO All engines operating ATO Ai r traffic services
AFI S Aerod rome flight information service ATS Auxiliary
AFM Aircraft flight manual AUX Average
AGL Above ground level AVG Airway
AlP Aeronautical Information Publication AWY Azimuth
AZM

BKN Broken B Bea ring
BRG

'c Degrees Celsius C Cirrus
Calibrated air speed CI lift coefficient
CAS Clear air turbulence CL Centimetre
CAT Cumulonimbus Cm Communications
CB Cirrocumulus CO Critical point
CC Drag coefficient ep Crew resource management
CD Course direction indicator CRM Cirrostratus
CD I Control display unit es Control zone
CDU Centre of gravity eTR Cumulus
eu Clearway
cg eWY

Air Law I-I

Chapter 1 Abbreviations and Definitions

DA Decision altitude D Directional gyroscope
DC Direct current DG Decision height
DEG Degrees DH Distance
DEP Departure DIST Distance measuring equipment
DES Descent DME Dew point
DEST Destination DP Dead reckoning
DEV Deviation DR Doppler VOR
DfF Direction finding DVOR

E East E Engine indicator and crew alerting
EICAS system
EAS Equivalent airspeed Estimated off blocks time
EAT Expected approach time EOBT Engine pressure ratio
ECAM Engine condition aircraft monitoring EPR Estimated
EFIS Electronic flight instrument system EST Estimated time of arrival
EGT Exhaust gas temperature ETA Estimated time overhead
ETO
'F Degrees Fahrenheit Flight level
FAF Final approach fix F
FCST Forecast FL Flight
FD Flight director FLT
FIS Flight information system FMS Flight management system
FIS Flight Information Service FT Feet
FTfMIN Feet per minute
G Gramme
GAL Gallons G Glide path
GND Ground GP Ground proximity warning system
GPWS Ground speed
HDG Heading GS
HF High frequency Horizontal situation indicator
hPa Hectopascal H Height
HR Hours
HSI Hertz
HT
Hz

lAS Indicated airspeed INT Intersection
ILS Instrument landing system ISA International standard atmosphere
IMC Instrument meteorological conditions ISOL Isolated
IMP GAL Imperial gallons ITCZ Inter-tropical convergence zone
INS Inertial navigation systems IVS I Instantaneous vertical speed indicator

J Air Law

J Joule

1-2

Abbreviations and Definitions Chapler J

kg Kilog ramme K Knot
kHz Kilohertz Kilowatt
km Kilometre kt
kW
LAT Latitude
LB Pounds L Local mean time
LOG Landing LMT Longitude
LOP Landing decision point LONG Local time
LEN Length Limited
LLZ Localiser (Localizer) LT Level
LMC Last minute change Layer
LTD
m Metre LVL
M Mass LYR
M Mach Number
MAC Mean aerodynam ic chord M Microwave landing system
MAP Manifold pressure Middle marker
MAPt Missed approach po int MLS
max Maximum MM Minimum
MOH Minimum descent height MNM Minimum navigation performance
MOHIA Minimum descent heighUaltitude MNPS specification
MEA Minimum en route altitude
MET Meteorological MOCA Minimum obstruction clearance altitu de
MIN Minutes Minimum off route altitude
MORA Miles per hour
N Newton Metres per second
NGT MP H Minimum sector altitude
N Night Mean sea level
NAT MPS, mps Mode selector unit
NAV North
North Atla ntic track MSA
OAT Navigation MSl
aBS MSU
OCA(H) Outside air temperature
OCl Omni bearing selector N Non-directional beacon
OEI Obstacle clearance altitude (height) Nautical miles
Obstacle clearance limit NDB Notice to airmen
P One eng ine inoperative NM Nimbostratus
PAX NOTAM
PET Pressure NS
PIC Passenger
PlN Point of,equal ti me a Operating mass
PNR Pilot in command OM Outer marker
Flight plan OM Operations
Air Law Point of no return OPS On request
OIR Overcast
OVC
Position
p Pounds per square inch
Point of Safe Return
POS Polar track structure
PS I Power
PSR
PTS '
PWR

1-3

Chapter 1 Abbreviations and Definitions

RAC Radius R Area Navigation
RAS Rules of the air and air traffic services RNAV Rate of climb
REP Rectified airspeed ROC Rate of descent
RMI Reporting point ROD Runway visual range
RMK Remote magnetic indicator RVR Runway
Remark RWY
Sunrise
S S SR Sunset
SAR South SS Secondary surveillance radar
SARPs Search and rescue SSR Stratus
SC Standards and Recommended Practices ST Standard arrival route
SCT Stratocumulus STAR Standard
SDBY Scattered STD Station
SEC STN Stationary
SEV Standby STNR Status
SFC STS Special VFR
SID Seconds SVFR Stop way
SIM Severe SWY
SKC Surface Threshold
Standard instrument departure Transition level
Simulator Take-off
Sky clear Top of climb
Take off run available
T Temperature T Thunderstorm
TA Transition altitude THR Taxiway
TAS True airspeed TL
TAT Total air temperature Co-ordinated universal time
TC Tropical cyclone TtO
TCAS Traffic collision avoidance system Vertical speed indicator
TDP Take-off decision point TOC Vertical visibility
TORA Design manoeuvring speed
TS Design speed for max gust intensity
TWY Design cruise speed I Mach number
Design dive speed
U/S Unserviceable U Oesign flap speed
US gallons UTC Flap extended speed
US-GAL Flap operating speed

V Landing gear extended speed
Maximum landing gear operating
V Volt VSI speed
VAR
VDF Magnetic variation W Air Law
VG
VHF VHF direction finding station VA
VIS Vertical gyro V,
VLF
VMC Very high frequency VdMc
VOLMET
Visibility VD
VOR Very low frequency V,
vrb
Visual meteorological conditions V"
V'D
Meteorological information for aircraft in

flight

VHF omni directional range Vee

Variable Veo

1-4

Abbreviations and Definitions Chapter /

VLOF Lift off speed VR Rotating speed
VMAXTYRE Maximum tyre speed Landing reference speed
VMBE Maximum break energy speed VREF Stalling speed or minimum stead y flight
speed at which the aeroplane is
Vs controllable
Stalling speed oJ minimum steady flight
VMC Min im um control speed Vso speed in landing configuration
Stalling speed or minimum steady flight
VMCA Air minimum control speed V" speed obtained in best configuration
VMCG Speed for best angle of climb
VMoIMMo Ground minimum control speed V, Speed for best rate of climb
Maximum operating limit speed! Maximum V,
VMU Mach number Critical engine failure speed
Minimum un-stick speed V, Take-off safety speed for piston engine
V" Never exceed speed V, aircraft

V NO Normal operating speed Wind velocity
Way point
W Watt W Wind shear
W West WN Weather
WC Wind component WPT
WCA Wind correction ang le WS Heavy
WX

X Cross X
XTK Cross track XX

YD Yard y

Z

Air Law 1-5

Chapter I Abbre.iaIions and Definitions

SECTION 2 - ICAO DEFINITIONS
The following definitions are from the ICAO Annexes . The learning objectives for 010 Air Law
require that the student is able to recall definitions from a given list. Do not memorise this list. By
the time you complete the course , you will be able to define all the definitions necessary to pass
the examination.

Accepting Unit - ATCU next to take control of an aircraft.

Accident - An occurrence associated with the operation of an aircraft that takes place between
the time any person boards the aircraft with the intention of flight, until such time as all such
persons have disembarked , in which a person is fatally or seriously injured as a result of:

~ being in the aircraft, or
~ direct contact with any part of the aircraft, including parts which have become detached

from the aircraft, or
~ direct exposure to jet blast

except when the injuries are from natural causes, self-inflicted or inflicted by other persons , or
when the injuries are to stowaways hiding outside the areas normally available to the passengers
and crew, or the aircraft sustains damage or structural failure which:

~ adversely affects the stru ctural strength , performance, or flight characteristics of the
aircraft, and

~ would normally require major repair or replacement of the affected component

except for engine failure or damage, when the damage is limited to the engine, its cowl ings or
accessories; or for damage limited to propellers , wing tips, antennas, tyres, brakes, fairings, small
dents or puncture holes in the aircraft skin , or the aircraft is missing or is completely inaccessible .

Note: An injury resulting in death within 30 days of the date of the accident is classified
as a fatal injury by ICAO.

Note: An aircraft is considered to be missing when the official search has been
terminated and the wreckage has not been located.

Advisory Airspace - Airspace of defined dimensions , or designated route, within which ai r
traffic advisory service is available.

Advisory Route - A designated route along which air traffic advisory service is available.

Aerodrome - A defined area of land or water (including any buildings , installations, and
equipment) intended to be used either wholly or in part for the arrival , departure, and surface
movement of aircraft.

Aerodrome Beacon - Aeronautical beacon used to indicate the location of an aerodrome from
the air.

1-6 Air Law

Abbreviations and Definitions Chapter /

Aerodrome Control Service - Air traffic control service for aerodrome traffic.

Aerodrome Control Tower - A unit established to provide air traffic control service .
Aerodrome Elevation - The elevation of the highest point of the landing area .

Aerodrome Identification Sign - A sign placed on an aerodrome to· aid in identifying the
aerodrome from the air.

Aerodrome Operating Minima - The limits of usability of an aerodrome for:

~ Take-off, expressed in terms of RVR and/or visibility and, if necessary , cloud conditions
~ Landing in precision approach and landing operations, expressed in terms of visibility and/or

RVR and DNDH , as appropriate to the category of the operation , and
~ Landing in non-precision approach and landing operations, expressed in terms of visibility

and/or RVR, MDNMDH and , if necessary, cloud conditions.

Aerodrome Reference Field Length - The minimum field length required for take-off at
maximum certificated take-off mass , sea level, standard atmospheric conditions , still air, and zero
runway slope, as shown in the appropriate aeroplane flight manual prescribed by the certificating
authority or equivalent data from the aeroplane manufacturer. Field length means balanced field
length for aeroplanes, if applicable , or take-off distance in other cases.

Aerodrome Reference Point - The designated geographical location of the aerodrome.

Aerodrome Taxi Circuit - The specified path of aircraft on the manoeuvring area during
specific wind conditions.

Aerodrome Traffic - All traffic on the manoeuvring area of an aerodrome and all traffic flying in
the vicinity of an aerodrome.

Note: An aircraft is in the vicinity of an aerodrome when it is in , entering, or leaving an
aerodrome traffic circuit.

Aerodrome Traffic Zone - Airspace of defined dimensions established around an aerodrome
for the protection of aerodrome traffic.

Aeronautical Beacon - An aeronautical ground light visible at all azimuths, either continuously
or intermittently, to designate a particular point on the surface of the earth.

Aeronautical Ground Light - Any light specifically provided as an aid to air navigation , other
than a light displayed on an aircraft.

Aeronautical Information Circular (AIC) - A notice containing information that does not qualify
for the origination of a NOTAM or for inclusion in the AlP, but which relates to flight safety, air
navigation , technical, administrative or legislative matters.

Aeronautical Information Publication (AlP) - A publication issued by or with the authority of a
state and containing aeronautical information of a lasting character essential to air navigation.

Air Law 1- 7

Chapter 1 Abbreviations and Definitiom

Aeronautical Mobile Service - A mobile service between aeronautical stations and aircraft
stations, or between aircraft stations, in which survival craft stations may participate; emergency
position-indicating radio beacon stations may also participate in this service on designated
distress and emergency frequencies .

Aeronautical Station - A land station in the aeronautical mobile service. In certain instances,
an aeronautical station may be located, for example, on board ship or on a platform at sea .

Aeronautical Telecommunication Station - A station in the aeronautical telecommunication
service.

Aeroplane - A power-driven heavier-than-air aircraft, deriving its lift in flight chiefl y from
aerodynamic reactions on surfaces which remain fixed under given conditions of flight.

AlP Amendment - Permanent changes to the information contained in the AlP .

AlP Supplement - Temporary changes to the information contained in the AlP that are
published by means of special pages.

AIRAC - An acronym (Aeronautical Information Regulation and Control) signifying a system
aimed at advance notification based on common dates, of circumstances that necessitate
significant changes in operating practices

Air-Ground Communication - Two-way communication between aircraft and stations, or
locations, on the surface of the earth.

Air Report - A report from an aircraft in flight prepared in conformity with requirements for
position, and operational and/or meteorological reporting.

Air Traffic - All aircraft in flight or operating on the manoeuvring area of an aerodrome .

Air Traffic Advisory Service - A service provided within advisory airspace to ensure
separation, in so far as practical between aircraft which are operating on IFR flight plans.

Air Traffic Control Clearance - Authorization for an aircraft to proceed under conditions
specified by an air traffic control unit.

Note: For convenience the term "Ai r Traffic Control Clearance" is frequentl y abbreviated
to "Clearance" when used in appropriate contexts.

Note: The abbreviated term "Clearance" may be prefixed by the words "Taxi", "Take-off',
"Departure", "Enroute", "Approach", or "Landing" to indicate the particular portion of flight
to which the Air Traffic Control Clearance relates.

Air Traffic Control Instruction - Directives issued by ATC for the purpose of requiring a pilot to
take a specific action.

1-8 A ir Law

Abbreviations and Definitions Chapter/

Air Traffic Control Service - A service provided for the purpose of:

~ Preventing collisions between aircraft, and ,
~ On the manoeuvring area between aircraft and obstructions.
~ Expediling and maintaining an orderly flow of air traffic.

Air Traffic Control Unit - A generic lerm meaning variously, area control centre , approach
control office , or aerodrome control tower.

Air Traffic Service - A generic term meaning variously, flight information service , alerting
service, air traffic advisory service, or air traffic control service (area control service, approach
control service, or aerodrome control service).

Air Traffic Services Airspaces - Airspaces of defined dimensions, alphabetically designated,
wi thin which specific types of flights may operate and for which air traffic services and rules of
operation are specified .

Note: ATS airspaces are classified as Class A to G

Air Traffic Services Reporting Office - A unit established for the purpose of receiving reports
concerning air traffic services and flight plans submitted before departure.

Note: An Air Traffic Services reporting office may be established as a separate unit or
combined with an existing unit, such as another Air Traffic Services Unit, or a unit of the
Aeronautical Information Service.

Air Traffic Services Unit - A generic term meaning variously, air traffic control unit, flight
information centre, or air traffic services reporting office.

Aircraft - Any machine that can derive support in the atmosphere from the reactions of the air
other than the reactions of the air against the earth's surface .

Aircraft Category - Classification of aircraft according to specified basic characteristics (e.g.
aeroplane, helicopter, glider, free balloon).

Aircraft Certified For Single-Pilot Operation - A type of aircraft that the State of Registry has
determined, during the certification process, can be operated safely wi th a minimum crew of one
pilot.

Aircraft Equipment - Articles, other than stores and spare parts of a removable nature, for use
on board an aircraft during flight, including first aid and survival equipment.

Aircraft Identification - A group of letters, fig ures, or a combination thereof which is either
identical to, or the coded equivalent of, the aircraft callsign to be used in air-ground
communications, and which is used to identify the aircraft in ground-ground ATS communications.

Aircraft Observation - The evaluation of one or more meteorological elements made from an
aircraft in flight.

Air Law 1-9

Chapter I Abbreviations and Definitions

Aircraft Proximity - A situation in which, in the opinion of a pilot or ATS personnel, the distance
between aircraft, as well as their relative positions and speed , have been such that the safety of
the aircraft involved may have been compromised. Aircraft proximity is classified as follows:

Risk Of Collision - The risk classification of aircraft proximity, in which serious risk of
collision has existed.

Safety Not Assured - The risk classification of aircraft proximity, in which the safety of
the aircraft may have been compromised.

No Risk Of Collision - The risk classification of aircraft proxi mity, in wh ich no ri sk of
collision has existed.

Risk Not Determined - The risk classification of aircraft proximity in which insufficient
information was available to determine the risk in vo lved, or inconclusive or confiicting
evidence precluded such determination.

Aircraft Stand - A designated area on an apron intended for parking aircraft.

Aircraft Type - All aircraft of the same basic design, including all modifications thereto, except
those modifications which result in a change in handling or flight characteristics.

AIRMET Information - Information issued by a meteorological watch office concerning the
occurrence or expected occurrence of specified enroute weather phenomena that may affect the
safety of low-level aircraft operations and which was not already included in the forecast issued
for low-level flights in the FIR concerned or sub-area thereof.

Airborne Collision Avoidance System (ACAS) - An aircraft system based on SSR
transponder signals that operates independently of ground based equipment to provide advice to
the pilot on potential confiicting aircraft that are equipped with SSR transponders.

Airline - As provided in Article 96 of the Convention , any air transport enterprise offering or
operating a scheduled international air service.

AIRPROX - The code word used in an air traffic incident report to designate aircraft proximity.

Airway - A control area or portion thereof established in the form of a corridor equipped with
radio navigation aids.

ALERFA - The code word used to designate an alert phase.

Alert Phase - A situation wherein apprehension exists as to the safety of an aircraft and its
occupants.

Alerting Service - A service provided to notify appropriate organisations regarding aircraft in
need of search and rescue aid , and assist such organisations as required.

1-1 0 Air Law

Abbreviations and Definitions Chapter I

Alternate Aerodrome - An aerodrome to which an aircraft may proceed when it becomes either
impossible or inadvisable to proceed to or land at the aerodrome of intended landing. Alternate
aerodromes include the following:

Take-off Alternate - An alternate aerodrome at which an aircraft can land should this
become necessary shortly after take-off and it is not possible to .use the aerodrome of
departure.

Enroute Alternate - An aerodrome at which an aircraft would be able to land after
experiencing an abnormal or emergency condition while enroute.

Destination Alternate - An aerodrome to which an aircraft may proceed should it
become impossible or inadvisable to land at the aerodrome of intended landing.

Note: The aerodrome from which a flight departs may also be an enroute or a
destination alternate aerodrome for that fiight.

Altitude - The vertical distance of a level, a point, or an object considered as a point measured
from mean sea level (MSL).

Approach Control Office - A unit established to provide ATC service to controlled flights
arriving at, or departing from, one or more aerodromes.

Approach Control Service - ATC service for arriving or departing controlled fiights.

Appropriate ATS Authority - The relevant authority deSignated by the state responsible for
providing air traffic services in the airspace concerned.

Appropriate Authority

;.. Regarding flight over the high seas - The relevant authority of the state of registry.
;.. Regarding flight other than over the high seas - The relevant authority of the state

having sovereignty over the territory being over fiown.

Apron - A defined area, on a land aerodrome, intended to accommodate aircraft for the
purposes of loading or unloading passengers, mail , or cargo, fuelling , parking , or maintenance.

Apron Management Service - A service provided to regulate the activities and the movement
of aircraft and vehicles on an apron.

Area Control Centre - A unit established to provide Air Traffic Control Service to controlled
flights in control areas under its jurisdiction.

Area Control Service - Air Traffic Control Service for controlled flight in Control Areas.

Area Navigation (RNAV) - A method of navigation which permits aircraft operation on any
desired fiight path within the coverage of the station referenced navigation aids or within the limits
of the capability of self contained aids, or a combinatidn of these.

Air Law 1-11

- - - - - - - - - - - - - - - - - - - -- - - - - - - -- Abbreviations and Definitions

Chapter 1

Area Navigation Route - An ATS route established for the use of aircraft capable of employing
area navigation.
ATIS - The symbol used to designate automatic terminal information service.

ATS Route - A specified route designed for channelling the flow of traffic as necessary fo r the
provision of air traffic services.

Note: The term "ATS route" is used to mean variously, airway, advisory route, controlled
or uncontrolled route, arrival or departure route, etc.

Automatic Dependent Surveillance (ADS) - A surveillance technique in which aircraft
automatically provide, via a data link, data derived from on board navigation and position fixing
systems, including aircraft identification, four dimensional position , and additional data as
appropriate.

Automatic Terminal Information Service - The provision of current, routine information to
arriving and departing aircraft by means of a continuous and repetitive broadcast throughout the
day, or a specified portion of the day.

Baggage - Personal property of passengers or crew carried on an aircraft by agreement with
the operator.

Barrette - Three or more aeronautical ground lights closely spaced in a traverse line so that
from a distance they appear as a short bar of light.

Base Turn - A turn executed by the aircraft during the initial approach between the end of the
outbound track and the beginning of the intermediate or final approach track. The tracks are not
reciprocal.

Note: Base turns may be designated as being made either in level flight or while
descending, according to the circumstances of each individual procedure.

Blind Transmission - A transmission from one station to another station in circumstances
where two-way communication cannot be established, but where it is believed the called station is
able to receive the transmission .

Broadcast - A transmission of information relating to air navigation that is not addressed to a
specific station or stations.

Cargo - Any property carried on an aircraft other than mail, stores, and accompanied or
mishandled baggage.

Ceiling - The height above the ground or water of the base of the lowest layer of cloud below
6000 metres (20 000 ft) covering more than half the sky.

Certify as Airworthy (to) - To certify that an aircraft or parts thereof comply with current
airworthiness requirements after maintenance has been performed on the aircraft or parts
thereof.

1-12 Air Law

Abbreviations and Definitions Chapler I

Change-over Point - The point at which an aircraft navigating over an ATS route segment,
defined by referen ce to very high frequency omni directional radio ranges, is expected to transfer
its primary navigational reference from the faci lity behind the aircraft to the next facility ahead of
the aircraft.

Note: Change-over points are established to provide the optimum balance in respect of
signal strength and quality between facilities at all levels to be used and to ensure a
common source of azimuth guidance for all aircraft operating along the same portion of a
route segment.

Circling Approach - An extension of an instrument approach procedure which provides for
visual circling of the aerodrome prior to landing.

Clearance Limit - The point to which an aircraft is granted an Air Traffic Control Clearance.

Clearway - A defined re ctangular area on the ground or water under the control of the
appropriate authority, selected or prepared as a suitable area over which an aeroplane may make
a portion of its initial climb to a specified height.

Code (SSR) - The number assigned to a particular multiple pulse repl y signal transmitted by a
transponder in Mode A or Mode C.

Commercial Air Transport Operation - An aircraft operation involvi ng the transport of
passengers, cargo, or mail for remun eration or hire.

Configuration (as applied to the aeroplane) - A particular combination of the positions of the
moveable elements, such as wing fiaps, landing gear etc, which affect the aerodynamic
characteristics of the aeroplane .

Control Area - A controlled airspace extending upwards from a specified lim it above the earth.

Controlled Aerodrome - An aerodrome at which Air Traffic Control Service is provided to
aerodrome traffic.

Note: The term "Controlled Aerodrome" indicates that Air Traffic Control Service is
provided to Aerodrome Traffic, but does not necessarily imply that a Control Zone exists.

Controlled Airspace - An airspace of defined dimensions within which air traffic control service
is provided to IFR flights and to VFR fiights in accordance with the airspace classifi cation.

Note: Controlled airspace is a generic term which covers ATS airspace Class A, S, C, D,
and E.

Controlled Flight - Any fiight which is subject to an Air Traffi c Control Clearance.

Control Zone - A controlled airspace extending upwards from the surface of the earth to a
specified upper limit.

Air Law 1-1 3

Chapter 1 Abbrevialions and Definitions

Co-Pilot - A licensed pilot serving in any piloting capacity other than as PIC , but excluding a
pilot who is on board the aircraft for the sole purpose of receiving flight instruction.

Crew Member - A person assigned by an operator to duty on an aircraft during flight time .

Critical Power Unit(s) - The power unit(s) failure of which gives the most adverse effect on the
aircraft characteristics relative to the case under consideration .

Cruise Climb - An aeroplane cruising technique resulting in a net increase in altitude as the
aeroplane mass decreases.

Cruising Level - A level maintained during a significant portion of a flight.

Current Flight Plan - The flight plan , including changes, if any, brought about by subsequent
clearances.

Danger Area - An airspace of defined dimensions within wh ich activities dangerous to the flight
of aircraft may exist at specified times.

Dead Reckoning (DR) Navigation - The estimating or determining of position by advancing an
earlier known position by the application of direction, time, and speed data .

Decision Altitude (DA) or Decision Height (DH) - A specified altitude or height in the precision
approach at which a missed approach must be initiated if the required visual reference to
continue the approach has not been established.

Note: DA is referenced to mean sea level, DH is referenced to threshold elevation

Note: The required visual reference means that section of the visual aids or of the
approach area which should have been in view for sufficient time for the pilot to have
made an assessment of the aircraft position and rate of change of position , in relation to
the desired flight path. In Category III operations with a DH the required visual reference
is that specified for the particular procedure and operation.

Declared Distances

Take-Off Run Available (TORA) - The length of runway declared available and
suitable for the ground run of an aircraft.

Take-Off Distance Available (TODA) - The length of the take-off run available, plus
the length of the clearway, if provided.

Accelerate-Stop Distance Available (ASDA) - The length of the take-off run available,
plus the length of the stopway, if provided.

Landing Distance Available (LDA) - The length of the run way that is declared
available and suitable for the ground run of an aeroplane landing .

1-14 Air Law

Abbreviations and Definitions Chap ter I

Dependent Parallel Approaches - Simultaneous approaches to parallel or near parallel
instrument runways where radar separation minima between aircraft on adjacent extended
runway centre lines are prescribed .

Design Landing Mass - The maximum mass of the aircraft at which , for structural design
purposes, it is assumed that it will be planned to land.

Design Take-off Mass - The maximum mass at which the aircraft, for structural design
purposes, is assumed to be planned to be at the start of the take-off run .

Design Taxiing Mass - The maximum mass of the aircraft at which structural provision is made
for load liable to occur during use of the aircraft on the ground prior to the start of take-off.

DETRESFA - The code word used to designate a distress phase.

Displaced Threshold - A threshold not located at the extremity of the runway.

Distress Phase - A situation wherein there is a re asonable certainty that an aircraft and its
occupants are threatened by grave and imminent danger or require immediate assistance.

DME Distance - The line of sight distance (slant range) from the source of a DME signal to the
receiving antenna.

Dual Instruction Time - Flight time, during which a person is receiving flight instruction from a
properly authorised pilot on board the aircraft.

Elevation - The vertical distance of a point on or affixed to the surface of the earth , measured
from mean sea level.

Emergency Phase - A generic term meaning, as the case may be , uncertainty phase, alert
phase , or distress phase.

Estimated Elapsed Time - The estimated time to fly from one significant point to another.

Estimated Off-Blocks Time - The estimated time at which the aircraft will commence
movement associated with departure.

Estimated Time of Arrival - For IFR flights, the time at which it is estimated that the aircraft will
arrive over the designated point, defined by reference to navigation aids, from which it is intended
that an instrument approach procedure will be commenced , or, if no navigation aid is associated
with the aerodrome, the time at which the aircraft will arrive over the aerodrome . For VFR flights ,
the time at which it is estimated that the aircraft will arrive over the aerodrome.

Expected Approach Time - The time at which ATe expects that an arriving aircraft, following a
delay, will leave the holding point to complete its approach for a landing.

Note: The actual time of leaving the holding point will depend upon the approach
clearance.

Air Law 1- 15

Chapter I Abbreviations and Definitions

Filed Flight Plan - The flight plan , as filed with an ATS unit by the pilot or a desig nated
representative, without any subsequent changes.

Final Approach - That part of an instrument approach procedure which commences at the
specified final approach fix or point, or where such a fix or point is not specified:

:>- At the end of the last procedure turn , base turn or inbound turn of a racetra ck procedure, if

specified , or

:>- At the point of interception of the last track specified in the approach procedure, and ends at

a point in the vicinity of an aerodrome from which:

:>- A landing can be made, or
:>- A missed approach procedure is initiated

Final Approach and Take-Off Area (FATO) - A defined area over which the final phase of the
approach manoeuvre to landing is completed and from which the take-off manoeuvre is
commenced.

Final Approach Segment - The segment of an instrument runway procedure in which
alignment and descent for landing are accomplished.

Fixed Light - A light having constant luminous intensity when observed from a fixed point.

Flight Crew Member - A licensed crew member charged with duties essential to the operation
of an aircraft during flight time.

Flight Information Centre - A unit established to provide flight information service and alerting
service.

Flight Information Region - An airspace of defined dimensions within which flight information
service and alerting service are provided.

Flight Information Service - A service provided for the purpose of giving advice and
information useful to the safe and effective conduct of flights.

Flight Level - A surface of constant atmospheric pressure , which is related to a specific
pressure datum, (1013.2 Hectopascals (hPa)) and is separated from other surfaces by specific
pressure intervals.

Note: A pressure type altimeter calibrated in accordance with the Standard Atmosphere:

:>- When set to a QNH - altimeter setting indicates altitude

:>- When set to a QFE - altimeter setting indicates height above the QFE referen ce

datum

:>- When set to a pressure of 1013.2 hPa - altimeter can be used to indicate flight

levels.

Note: The terms "height" and "altitude" used in the above note , indicate altimetric rather

than geometric heights and altitudes. '

1-16 Air Law

---------------------------------------------------------------------------------------------

Abbreviations and Definitions Chapter I

Flight Plan -- Specified information provided to Air Traffic Services Units, relati ve to an intended
flight or portion of a flight of an aircraft.

Flight Procedures Trainer -- See Synthetic Flight Trainer.

Flight Recorder -- Any type of recorder installed in the aircraft for the purpose of complementing
accident/incident investigation.

Flight Simulator -- See Synthetic Flight Trainer.

Flight Time -- The total time from the moment an aircraft first moves under its own power for the
purpose of taking-off until the moment it comes to rest at the end of the flight.

Note: Flight time as here defined is synonymous with the term "block to block" time or
"chock to chock" time in general usage which is measured from the time an aircraft
moves from the loading point until it stops at the unloading point.

Flight Manual -- A manual associated with the certificate of airworthiness , containing limitations
within which the aircraft is to be considered airworthy, and instructions and inform ation necessary
to the flight crew members for the safe operation of the aircraft.

Flight Visibility -- The visibility forward from the cockpit of an aircraft in flight.

Flow Control -- Measures designed to adjust the flow of traffic into a given airspace, along a
given route, or bound for a given aerodrome, so as to ensure the most effective utilization of the
airspace.

Forecast -- A statement of expected meteorological conditions for a specified time or period, and
for a specified area or portion of airspace.

Frangible Object -- An object of low mass designed to break, distort, or yield on impact so as to
present the minimum hazard to aircraft.

Glide Path -- A descent profile determined for vertical guidance during a final approach.

Ground Equipment -- Articles of a specialised nature for use in the maintenance , repair, and
servicing of an aircraft on the ground , including testing equipment and cargo/passenger-handling
equipment.

Ground Visibility -- The visibility at an aerodrome , as reported by an accredited observer.

Hazard Beacon -- An aeronautical beacon used to designate a danger to air navigation .

Heading -- The direction in which the longitudinal axis of an aircraft is pointed, usually expressed
in degrees from North (true, magnetic, compass, or grid).

Heavier-than-air Aircraft -- Any aircraft deriving its lift in flight chiefly from aerodynam ic forces .

Air Law 1-1 7

Chapter I Abbreviations and Definitions

Height - The vertical distance of a level , a point, or an object considered as a point, measured
from a specified datum , other than mean sea level (MSL).

Heliport - An aerodrome, or a defined area on a structure , intended to be used wholly or in part
for the arrival, departure, and surface movement of helicopters .

Holding Bay - A defined area where aircraft can be held , or bypassed , to facilitate efficient
surface movement of aircraft.

Holding Point - A specified location , identified by visual or other means, in the vicinity of which
the position of an aircraft in flight is maintained in accordance with ATC clearances.

Holding Procedure - A pre-determined manoeuvre that keeps an aircraft within a specified
airspace while awaiting further clearance.

Identification Beacon - An aeronautical beacon emitting a coded signal by means of wh ich a
particular point of reference can be identified.

IFR - The symbol used to designate the instrument fright rules .

IFR Flight - A flight conducted in accordance with instrument flight rules .

IMC - The symbol used to designate instrument meteorological conditions.

INCERFA - The code word used to designate an uncertainty phase .

Incident - An occurrence, other than an accident, associated with the operation of an aircraft
that affects, or could affect, the safety of operation

Initial Approach Segment - That segment of an instrument approach proced ure between the
initial approach fix and the intermediate approach fix or, where applicable, the final approach fix
or point,

Instrument Approach Procedure - A series of pre-determined manoeuvres by referen ce to
fright instruments with specified protection from obstacles from the initial approach fix, or where
applicable, from the beginning of a defined arrival route to a point from which a landing can be
completed and thereafter, if a landing is not completed to a position at which holding or enroute
obstacle clearance criteria apply.

Instrument Flight Time - Time during which a pilot is piloting an aircraft solely by reference to
instruments and without external reference points,

Instrument Ground Time - Time during which a pilot is practising, on the ground , simulated
instrument flight in a synthetic flight trainer approved by the licensing authority,

Instrument Meteorological Conditions - Meteorological conditions expressed in terms of
visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological
conditions.

Note: The specified minima for VMC are contained within the Aviation Law Notes.

1-1 8 Air Law

Abbreviations and Definitions Chapter 1

Instrument Runway - One of the following types of runways intended for the operation of
aircraft using instrument approach procedures:

Non-Precision Approach Runway - An instrument runway served by visual aids and a
non-visual aid providing at least directional guidance adequate for a straight-in approach.

Precision Approach Runway, Category I - An instrument run way served by ILS
and/or MLS and visual aids intended for operations with a decision height not lower than
60 m (200 ft) and either a visibility not less than 800 m, or a runway visual range not less
than 550 m.

Precision Approach Runway, Category II - An instrument runway served by ILS
and/or MLS and with visual aids intended for operations with a decision height lower than
60 m (200 ft) but not lower than 30 m (100 ft) and a runway visual range not less than
350 m.

Precision Approach Runway, Category III - An instrument runway served by ILS
and/or MLS to and along the surface of the runway and:

CAT iliA - Intended for operations with a decision height lower than 30 m
(100 ft), or no decision height and a runway visual range not less than 200 m.

CAT IIIB - Intended for operations with a decision height lower than 15 m
(50 ft), or no decision height and a runway visual range less than 200 m but not
less than 50 m (JAR-OPS: 75 m).

CAT IIiC - Intended for operations with no decision height and no runway visual
range limitations.

Instrument Time - Instrument flight time or instrument ground time.

Integrated Aeronautical Information Package - A package which consists of the following
elements:

;.. AlP , including the AlP Amendment service.
;.. Supplements to the AlP.
;.. NOTAM and pre-flight information bulletins (PI B).
;.. AIC.
;.. Checklists and summaries.

Intermediate Approach Segment - That segment of an instrument approach procedure
between either:

;.. The intermediate approach fix and the final approach fix or point, or
;.. Between the end of a reversal, racetrack or DR track procedure and the final approach fix or

point.

Air Law 1-19

Chapter 1 Abbreviations and Definitions

International Airport - Any airport designated by the Contracting State in whose territory it is
situated as an airport of entry and departure for international air traffic, where the formalities
incident to customs, immigration , public health , animal and plant quarantine, and simila r
procedures are carried out.

International NOTAM Office - An office designated by a State for the exchange of NOTAM
internationally.

Investigation - A process conducted for the purpose of accident prevention that includes the
gathering and analysis of information for the drawing of conclusions, including the determination
of causes, and when appropriate, the making of safety recommendations.

Landing Area - That part of a movement area intended for the landing or take-off of aircraft.

Landing Direction Indicator - A device to indicate visually the direction currentl y designated
for landing and for take-off.

Landing Surface - That part of the surface of an aerodrome which the aerodrome authority has
declared available for the normal ground or water run of aircraft landing in a particular direction.

Level - A generic term relating to the vertical position of an aircraft in flight, and meaning
variously, height, altitude, or flight level.

Location Indicator - A four letter code group formulated in accordance with rules prescribed by
ICAO and assigned to the location of an aeronautical fixed station.

Maintenance - Tasks required ensuring the continued airworthiness of an aircraft including any
one or combination of: overhaul, repair, inspection , replacement, modification , or defect
rectification.

Manoeuvring Area - That part of an aerodrome to be used for the take-off, landing , and taxiing
of aircraft, excluding aprons.

Marker - An object displayed above ground level in order to indicate an obstacle or delineate a
boundary.

Marking - A symbol or group of symbols displayed on the surface of the movement area in
order to convey aeronautical information.

Maximum Mass - Maximum certificated take-off mass.

Medical Assessment - The evidence issued by a Contracting State that the licence holder
meets specific requirements of medical fitness. It is issued following an evaluation by the
licensing authority of the report submitted by the designated medical examiner who conducted
the examination of the applicant for the licence.

Meteorological Office - An office designated to provide a meteorological service for
international air navigation.

1-20 Air Law

Abbreviations and D efinitions Chapter I

Meteorological Information - A meteorological report, analysis , fore cast, and any other
statement relating to existing or expected meteorological conditions.

Meteorological Report - A statement of observed meteorological conditions related to a
specified time and location.

Minimum Descent Altitude (MDA) or Minimum Descent Height (MDH) - A specified altitude
or height in a non-precision approach or circling approach below which descent must not be
made without the required visual reference.

Note: MDA is referenced to mean sea level and MDH is referenced to the aerodrome
elevation or to the threshold elevation if that is more than 2 m (7 ft) below the aerodrome
elevation. A MDH for a circling approach is referenced to the aerodrome elevation.

Note: The required visual reference means that section of the visual aids or of the
approach area that should have been in view for sufficient time for the pilot to make an
assessment of the aircraft position and rate of change of position , in relation to the
desired flight path. In the case of a circling approach the required visual reference is the
runway environment.

Minimum Sector Altitude - The lowest altitude which may be used which will provide a
minimum clearance of 300 m (1000 ft) above all objects located in an area contained within a
sector of a circle of 46 km (25 nm) radius centred on a radio aid to navigation.

Missed Approach Point (MAPt) - That point in an instrument approach procedure at or before
which the prescribed missed approach procedure must be initiated in order to ensure that the
minimum obstacle clearance is not infringed.

Missed Approach Procedure - The procedure to be followed if the approach cannot be
continued.

Mode (SSR) - The conventional identifier related to specific functions of the interrogation signals
transmitted by an SSR interrogator.

Movement Area - That part of an aerodrome to be used for the take-off, landing, and taxiing of
aircraft, consisting of the manoeuvring area and the aprons.

Non-Instrument Runway - A runway intended for the operation of aircraft using visual
approach procedures.

Normal Operating Zone (NOZ) - Airspace of defined dimensions extending either side of an
ILS localizer course and/or MLS final approach track. Only the inner half of the normal operating
zone is taken into account in independent parallel approaches.

NOTAM - A notice distributed by means of telecommunication containing information
concerning the establishment, condition, or change in any aeronautical facility, service ,
procedure, or hazard, the timely knowledge of which is essential to personnel concerned with
flight operations.

Air Law 1-2 1

Chapter I Abbreviations and Definitions

No-transgression Zone (NTZ) - In the context of independent parallel approaches, a corridor of
airspace of defined dimensions located centrally between the two extended runway centre lines,
where a penetration by an aircraft requires a controller intervention to manoeuvre any threatened
aircraft on the adjacent approach .

Obstacle - All fixed (whether temporary or permanent) and mobile objects, or parts thereof that
are located on an area intended for the surface movement of aircraft or that extend above a
defined surface intended to protect aircraft in flight.

Obstacle Assessment Surface (OAS) - A defined surface intended for the purpose of
determining those obstacles to be considered for the calculation of obstacle clearance
altitude/height for a specific ILS facility and procedure.

Obstacle Clearance Altitude (OCA) or Obstacle Clearance Height (OCH) - The lowest
altitude or the lowest height above the elevation of the releva nt runway threshold or the
aerodrome elevation as applicable , used in establishing compliance wi th appropriate obstacle
clearance criteria.

Note: OCA is referenced to mean sea level and OCH is referenced to the aerodrome
elevation or to the threshold elevation if that is more than 2 m (7 ft) below the aerodrome
elevation. An OCH for a circling approach is referenced to the aerodrome eleva tion.

Obstacle Free Zone (OFZ) - The airspace above the inner approach surface , inner transitional
surfaces , and balked landing surface and that portion of the strip bounded by these surfaces ,
which is not penetrated by any fixed obstacle other than a low-mass and frangible mounted one
required for air navigation purposes.

Operational Control - The exercise of authority over the initiation , continuation , diversion , or
termination of a flight in the interest of the safety of the aircraft and the regularity and effi ciency of
the flight.

Operator - A person, organisation , or enterprise engaged in or offering to engage in ai rcraft
operation.

Pavement Classification Number (PCN) - A number expressing the bearing strength of a
pavement for unrestricted operation.

Pilot (to) - To manipulate the flight controls of an aircraft during flight time.

Pilot in Command - The pilot responsible for the operation and safety of the aircraft during
flight.

Power Unit - A system of one or more engines and ancillary parts that are together necessary
to provide thrust, independently of the continued operation of any other power-unit(s), but not
including short period thrust producing devices.

Precision Approach Procedure - An instrument approach procedure utilizing azimuth and
glide path information provided by ILS, MLS, or PAR.

1-22 Air Law

- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- - - - - - - - - - - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - -- - - -

Abbre viations and Definitions Chapter J

Precision Approach Runway -- See Instrument Runway.

Pre-flight Information Bulletin (PI B) -- A presentation of current NOTAM information of
operational significance prepared pri or to flight.

Pressure Altitude -- An atmospheric pressure expressed in terms of altitude that corresponds to
that pressure in the standard atmosphere.

Primary Area -- A defined area symmetrically disposed about the nominal flight track in which
full obstacle clearance is provided.

Primary Radar -- A radar system that uses reflected radio signals.

Primary Runway(s) -- Runway(s) used in preference to others whenever conditions permit.

Procedure Turn -- A manoeuvre in which a turn is made away from a designated track foll owed
by a turn in the opposite direction to permit the aircraft to intercept and proceed along the
reciprocal of the designated track.

Note: Procedure turns are designated "left" or "right" according to the direction of the
initial turn.

Note: Procedure turns may be designated as being made either in level flight or while
descending , according to the circumstances of each individ ual procedure.

Prohibited Area -- An airspace of defined dimensions, above the land areas or territorial waters
of a state, within which the flight cif aircraft is prohibited.

Racetrack Procedure -- A procedure designed to enable the aircraft to reduce altitude during
the initial approach segment and/or establish the aircraft inbound when the entry into a reversal
procedure is not practical.

Radar Approach -- An approach in which the final approach phase is executed under the
direction of a radar controller.

Radar Clutter -- The visual indication on a radar display of unwanted signals .

Radar Contact -- The situation which exists when the radar position of a particular aircraft is
seen and identified on a radar display.

Radar Control -- Term used to indicate that rada r derived information is employed directly in the
provision of ATC service

Radio Direction Finding Station -- A radio station intended to determine only the direction of
other stations by means of transmissions from the latter.

Radar Identification -- The situation that exists when the radar position of a particular aircraft is
seen on a radar display and positively identified by the ATC controller.

Air Law 1-23

Chapter! Abbreviations and Definitions

Radar Monitoring - The use of radar for the purpose of providing aircraft with information and
advice relative to significant deviations from nominal flight path , including deviations from the
terms of their ATC clearances.

Radar Position Indication (RPI) - The visual indication , in non symbolic and/or symbolic form,
on a radar display, of the position of an aircraft obtained after automatic .processing of positional
data derived from primary and/or SSR.

Radar Position Symbol (RIPS) - The visual indication , in symbolic form , on a radar display, of
the position of an aircraft obtained after automatic processing of positional data derived from
primary and/or SSR.

Radar Separation - The separation used when aircraft position information is derived from
radar sources.

Radar Service - The term used to indicate a service provided directly by means of radar.

Radar Vectoring - Provision of navigational guidance to aircraft in the form of specific
headings, based on the use of radar.

Rating - An authorisation entered on or associated with a licence and forming part thereof
stating special conditions, privileges, or limitations pertaining to such a licence.

Receiving Unit/Controller - ATS unit/ATC controller to which a message is sent.

Rendering (a Licence) Valid - The action taken by a Contracting State, as an alternative to
issuing its own licence , in accepting a licence issued by any other Contracting State as the
equivalent of its own licence.

Repetitive Flight Plan - A fiight plan related to a series of frequentl y recurring, regularly
operated individual flights with identical basic features, submitted by an operator for retention and
repetitive use by ATS units.

Reporting Point - A specified geographical location in relation to wh ich the position of an
aircraft can be reported .

Required Navigation Performance (RNP) - A statement of the navigation performance
accuracy necessary for operation within a defined airspace.

Rescue Co-ordination Centre - A unit responsible for promoting efficient organization of
search and rescue services and for coordinating the conduct of search and rescue operations
within a search and rescue region .

Restricted Area - An airspace of defined dimensions, above the land areas or territorial waters
of a state , within which the fiight of aircraft is restricted in accordance with certain specified
conditions.

1-24 A ir Law

--------------------------------------------------------------------------------------------------

Abbreviations and Definitions Chapter I

Reversal Procedure - A procedure designed to enable aircraft to reverse direction during the
initial approach segment of an instrument approach procedure. The sequence may include
procedure turns or base turns.

Runway - A defined rectangul ar area on a land aerodrome prepared for the landing and take-off
of aircraft.

Runway End Safety Area (RESA) - An area symmetrical about the extended runway centre
line and adjacent to the end of the strip primarily intended to reduce the ri sk of damage to an
aeroplane undershooting or overrunning the aerodrome.

Runway Guard Lights - A light system intended to caution pilots or vehicle drivers that they are
about to enter an active runway.

Runway Strip - A defined area including the run way and stop way, if provided , intended:

~ To reduce the risk of damage to aircraft run ning off the runway, and
~ To protect aircraft fl ying over it during take-off and landing operations.

Runway Visual Range (RVR) - The range over which the pilot of an aircraft on the centre line
of a runway can see the runway surface markings or the lights delineating the runway or
identifying its centre line.

Secondary Area - A defined area on each side of the primary area located along the nominal
flight track in which decreasing obstacle clearance is provided.

Secondary Radar - A radar system wherein a radio signal transmitted from the radar station
initiates the transmission of a radio signal from another station.

Secondary Surveillance Radar (SSR) - A surveillance radar system that uses a transmitter
recei ver system of interrogators and transponders .

Serious Incident - An incident involving circumstances indicating that an accident nearly
occurred.

Note: The difference between an accident and a serious incident lies only in the result.

Serious Injury - An injury which is sustained by a person in an accident and which:

~ Requires hospitalisation for more than 48 hours , commencing within 7 days from the date the
injury was received, or

~ Results in a fracture of any bone (Not simple fractures of fingers, toes, or nose), or
~ Involves lacerations which cause severe haemorrhage, nerve, muscle, or tendon damage, or
~ Involves injury to any internal organ, or
~ Involves second or third degree burns , or any burns affecting more than 5% of the body

surface, or
~ Involves verified exposure to infectious substance;s or injurious radiation.

Air Law 1-25

Chapter 1 Abbreviations and Definitions

Shoulder - An area adjacent to the edge of a pavement so prepared as to provide a transition
between the pavement and the adjacent surface.

SIGMET Information - Information issued by a meteorological watch office concerning the
occurrence or expected occurrence of specified enroute weather phenomena which may affect
the safety of aircraft operations.

Signal Area - An area of an aerodrome used for the display of ground signals.

Significant Point - A specified geographical location used in defining an ATS route or the fiight
path of an aircraft, and for other navigation and ATS purposes.

Slush - Water-saturated snow, which with a heel-and-toe slap down motion against the ground
will be displaced with a splatter; Specific Gravity: 0.5 up to O.B.

Snow (On the ground)

Dry Snow - Snow that can be blown if loose or, if compacted by hand , will fall apart
again upon release: Specific Gravity is up to but not including 0.35.

Wet Snow - Snow which, if compacted by hand, will stick together and tend to form a
snowball: Specific Gravity is 0.35 up to but not including 0.45.

Compacted Snow - Snow that has been compressed into a solid mass that resists
further compression and will hold together or break up into lumps if picked up: Specific
Gravity is 0.45 and over.

SNOWTAM - A special series NOTAM notifying the presence or removal of hazardous
conditions due to snow, slush, and ice on the movement area , by means of a special format.

Special VFR Flight - A VFR fiight cleared by air traffic control to operate within a control zone in
meteorological conditions below VMC.

Standard Instrument Arrival (STAR) - A designated IFR arrival route linking a significant point,
normally on an ATS route, with a point from which a published instrument approach procedure
can be commenced.

Standard Instrument Departure (SID) - A designated IFR departure route linking the
aerodrome or a specified runway of the aerodrome with a specified significant point, normally on
a designated ATS route, at which the enroute phase of a fiight commences.

State of Design - The State having jurisdiction over the organization responsible for the type
design.

State of Manufacture - The State having jurisdiction over the organization responsible for the
final assembly of the aircraft.

State of Occurrence - The State in the territory of which an accident or incident occurs.

1-26 Air Law

Abbreviations and Definitions Chapter I

State of the Operator - The State in which the operator's principal place of business is located
or, if there is no such place of business, the operator's permanent residence .

State of Registry - The State on whose register the aircraft is entered .

Stopway - A defined rectangular area on the ground at the end of TORA -prepared as a suitable
area in which an aircraft can be stopped in the case of an abandoned take-off.

Synthetic Flight Trainer - Anyone of the following three types of apparatus in which fiight
conditions are simulated on the ground:

Flight Simulator - A flight simulator, wh ich provides an accurate representation of the
fiight deck of a particular aircraft type to the extent that the mechanica l and electrical
systems control functions, the normal environment of fiight crew members , and the
performance and flight characteristics of that type of aircraft are realistically simulated .

Flight Procedures Trainer - A fiight procedures trainer, which provides a realistic fl ight
deck environment, and which simulates instrument responses, simple control functions of
mechan ical and electrical systems, and the performance and fiight characteristics of
aircraft of a particular class.

Basic Instrument Flight Trainer - A basic instrument fiight trainer, which is equipped
with appropriate instruments, and which simulates the fiight deck environment of an
aircraft in flight in instrument fiight conditions.

Take-off Runway - A runway intended for take-off only.

Take-off Surface - That part of the surface of an aerodrome which the aerodrome authority has
declared available for the normal ground or water run of aircraft taking off in a particular direction.

Taxi-Holding Position - A deSignated position at which taxiing aircraft and vehicles shall stop
and hold position, unless otherwise authorised by the aerodrome control tower.

Taxiing - The movement of an aircraft on the surface of an aerodrome under its own power,
excl uding ta ke-off and landing , but including, in the case of helicopters, operation over the
surface of an aerodrome within a height band associated with ground effect and at speeds
associated with taxiing (e.g. air-taxiing).

Air Law 1-2 7

Chapter 1 Abbreviations and Definitions

Taxiway - A defined path on a land aerodrome established for the taxiing of aircraft and
intended to provide a link between one part of the aerodrome and another, including:

Aircraft Stand Taxi Lane - A portion of an apron designated as a taxiway and intended
to provide access to aircraft stands only.

Apron Taxiway - A portion of a taxiway system located on an apron and intended to
provide a through taxi route across the apron.

Rapid Exit Taxiway - A taxiway connected to a ru nway at an acute angle and
designated to allow landing aeroplanes to turn off at higher speeds than are achieved on
other exit taxiways and thereby minimizing runway occupancy times.

Taxiway Intersection - A junction of two or more taxiways.

Taxiway Strip - An area including ta xiway inlended to protect an aircraft operating on the
taxiway and to reduce the risk of damage to an aircraft accidentally running off the taxiway.

Terminal Control Area - A control area normally established at the confluence of ATS routes in
the vicinity of one or more major aerodromes.

Threshold (THR) - The beginning of that portion of the runway usable for landing .

Total Estimated Elapsed Time - For IFR flights, the estimated time required from take-off to
arrive over that designated point, defined by reference to navigation aids , from wh ich it is
intended that an instrument approach procedure will be commenced , or, if no navigation aid is
associated with the destination aerodrome, to arrive over the destination aerod rome . For VFR
flights , the estimated time required from take-off to arrive over the destination aerodrome.

Touchdown - The point where the nominal glide path intercepts the runway.

Touchdown Zone - The portion of a runway, beyond the threshold , where it is intended la nding
aeroplanes first contact the runway.

Track - The projection on the earth's surface of the path of an aircraft, the direction of which
path at any point is usually expressed in degrees from North (true , magnetic, or grid ).

Traffic Avoidance Advice - Advice provided by Air Traffic Services Unit specifying manoeuvres
to assist a pilot to avoid a collision.

Traffic Information - Information issued by an air traffic services unit to alert a pilot to other
known or observed air traffic, which may be in proximity to the position or intended route of fli ght,
and to help the pilot avoid a collision.

Transfer of Control Point - A defined point located along the flight path of an aircraft, at which
the responsibility for providing ATe service to the aircraft is transferred from one control unit or
control position to the next.

1-28 A ir Law

AbbreviaNons and Definitions Chapter I

Transferring Unit - ATCU in the process of transferring the responsibil ity for providing ATC
service to an aircraft to the next ATCU along the route of fiight.

Transition Altitude - The altitude at or below which the vertical position of an aircraft is
controlled by reference to altitudes.

Transition Layer - The airspace between the transition altitude and the transition level.

Transition Level - The lowest flight level available for use above the transition altitude.

Uncertainty Phase - A situation wherein uncertainty exists as to the safety of an aircraft and its
occupants.

VFR - The symbol used to designate the visual flight rules.

VFR Flight - A flight conducted in accordance with the visual flight rules.

Visibility - The ability, as determined by atmospheric conditions and expressed in units of
distance, to see and identify prominent unlighted objects by day and prominent objects by night.

Visual Approach - An approach by an IFR aircraft when either part or all of an instrument
approach procedure is not completed and the approach is executed in visual reference to terrain.

Visual Manoeuvring (Circling) Area - The area in which obstacle clearance should be taken
into consideration for aircraft carrying out a circling approach .

Visual Meteorological Conditions - Meteorological conditions expressed in terms of visibility,
distance from cloud, and ceiling equal to or better than the specified minima.

Note: The specified minima are contained within these notes.

VMC - The symbol used to designate visual meteorological conditions.

Way-Point - A specified geographical location used to define an area navigation route or the
flight path of an aircraft employing area navigation.

Air Law 1-29

BACKGROUND

Today, decisions concerning international civil aviation are taken by the member states of the
International Civil Aviation Organization (ICAO). The JAR Aviation Law exam follows the Annexes
and other documents of ICAO. These notes are designed to follow the JAR syllabus and are a
summary of the reference material. Some of the language is difficult to follow because of the use
of the words SHALL and SHOULD. SHALL refers to Standards; SHOULD refers to recommended
practices.

INTRODUCTION

For commercial aviation to operate, it is necessary for states to afford the airlines of other states
the right to fly into and across their territory for both traffic and non-traffic purposes. Agreements
are necessary to achieve this:

» Multilateral Agreements or conventions are entered into by a number of different states.

The most obvious one to the aviator is the Chicago Convention, from which ICAO was
established.

» Bilateral Agreements are agreements between two states. The two most important of

these are the International Air Transport Agreement and the International Air Services
Transit Agreement, discussed later in this chapter.

SAFETY

International air transport is not just about navigation. The competitive nature of the business
could create the obvious temptation to 'cut corners' and increase profit, so strict regulation is
required to maintain safety. Over the years, the philosophy of 'a safe airline is a profitable airline'
has evolved . Both Authorities and Operators have embraced safety through a system of
international agreements, which have been translated into law in the contracting states.

INTERNATIONAL LAW

Just as no state has the right to interfere in the internal affairs of another state , no convention has
the right to impose rules and regulations. Only the legislative body of a state can make and
impose law in that state. So the agreements reached at international conventions have to be
translated into national law. If a state accepts the agreement without modification, or after agreed
modification, and it becomes national law, the process is known as 'ratification'. Because the text
of the agreement is accepted by all states that ratify the agreement, the agreement is then
'international' in nature, and the ensuing law is also 'international'. The principal sources of
International Air Law are treaties. They are the international agreements entered into between
states. Such treaties or conventions may be multilateral or bilateral.

Air Law 2- 1

Chapter 2 The His/Oly ofAviation Law and Ihe Chicago Convention 1944

SCHEDULED AND NON-SCHEDULED AIR SERVICES

Since the Paris conference in 191 9, the need has been re cognised for international air services to
be organised. Scheduling of flights by route and timing is essential for a successful commercial
operation by giving the revenue paying users a reliable timetable and route structure. Within a
state, scheduled operations are a matter for the authority of that state , whereas international
scheduled operations require the compliance of the authorities of tlTe states concerned. A
scheduled air service requires international agreement negotiated at government level. A
schedule implies that, once scheduled , the flight will be fl own. An operator is not permitted to
cancel a flight at short notice due to insufficient passengers. However, persistent low passenger
numbers may force a revision or cancellation of the schedule or the combination of schedules
(code sharing). Non-scheduled or charter operations are not generally open to the public. Charter
operations are subject to international agreement for repetitive operations, whereas non-
scheduled operations are 'one-off and each flight is individually approved.

1919 AERONAUTICAL COMMISSION OF THE PARIS PEACE
CONFERENCE

At the time of the Paris Conference in 1919, the first international scheduled air service began
between Croydon and Paris. This convention recognized that every state has complete and
exclusive sovereignty over the airspace above its territory, and provided for the innocent passage
of civil aircraft of other contracting states over that state's territory. The conferen ce recommended
the creation of an international body to regulate civil aviation , which led to the formation of the
International Commission for Air Naviga tion (ICAN ). The conference also decided that each state
should keep a register of aircraft used for commercial purposes.

CONVENTION OF THE UNIFICATION OF CERTAIN RULES TO
INTERNATIONAL CARRIAGE BY AIR (WARSAW 1929)

This convention, to which 108 states are party, is one of the most widely accepted unifications of
private law. It unifies legislation on:

~ Documentation on the carriage of passengers, baggage , and carg o.
~ The financial liability of airlines (operators).
~ The question of jurisdiction , by defining the courts before which any action may be

brought.

This convention was amended and simplified by the 1955 Hague Protocol. The Montreal
Agreement of 1966 further amended the finan cial liability of operators. The convention lays down
uniform rules governing the air carrier's liabilities in re spect of passengers and goods. The
Warsaw Convention deals only with rights and obligations of contracting ca rriers and applies to
the international carriage of persons, baggage, or cargo performed by aircraft for reward .

2-2 Air Law

- - ----- - - - - - - - - - - - - - -- - -- -- - - - -- - - - - - - - - - - - - - -- -

The HistOlY ofAviation Law and the Ch icago Convention 1944 Chapter 2

PASSENGER TICKET

A passenger ticket shall be issued for each flight containing:

~ The place and date of issue.
~ An indica tion of the place of departure and destination.
~ The agreed stopping places, provided that the carrier may reserve the right to alter

the stopping places, and that if he exercises that right, the alteration shall not have
the effect of depriving the carriage of its international character.
~ The name and address of the carrier or carriers.
~ A statement that the carriage is subjecl to the rules relating to the liability established
by this convention usually printed on the ticket jacket.

The absence, irregularity, or loss of the passenger ticket does not affect the validity of the
contract of carriage, wh ich shall be subject to the rules of the convention . If a carrier accepts a
passenger without a ticket, the carrier will not be able to fall back on the provisions of the
convention that limit liability. If a carrier issues an 'electronic' ticket, then the provisions of the
Warsaw Convention must be communicated by other means.

BAGGAGE CHECK

For luggage , other than small personal objects that the passengers take themselves , the carrier
must issue a luggage ticket. The luggage ticket is made out in duplicate, one for the passenger
and the other for the carrier.

LIABILITY OF THE CARRIER

The Treaty also imposed limitations on the liability of the operator. However, where gross
negligence can be proved, the limit of liability is removed. Currently, the limit of liability for death
of a passenger is $100 000.

1944 CONVENTION ON INTERNATIONAL CIVil AVIATION
(THE CHICAGO CONVENTION)

During the Second World War, the United States Government convened a con ference at Chicago
in 1944 to determine the future of commercial aviation when the war ended . Such importance
was attached to the subject matter that 55 allied and neutral states sent representatives to
Chicago . The outcome was the Convention on Intern ational Civil Aviation , which is now the
fundamental basis for agreement upon which the industry is founded.

The 'agreement' is in two parts. The first covers International Air Navigation, and the second
covers the organisation that administers the terms and conditions of the agreement. In common
with other international conferences , the agreement is laid out in article form , where each
individual article stands alone as a definitive statement. You are not required to recall the content
of articles by number, but to have a broad understanding of what the agreement contains.

Air Law 2-3

Chapter 2 The History ofAviation Law and Ihe Ch icago Con vention 1944

PART 1- AIR NAVIGATION

Article 1 - Sovereignty
The Contracting States recognise that every State has complete and exclusive sovereignty over
the airspace above its territory.

Article 2 - Territory
For the purposes of this convention, the territory of a State shall be deemed to be the land areas
and territorial waters adjacent thereto under the sovereignty, suzerainty, protection , or mandate of
such a State.

Suzerainty
Is the acceptance by one state of the protection of another state. It has origins in feudal
relationships. In aviation, it relates to the acceptance by one state of the regulation of its
airspace by another state (e.g. the relationship between France and Monaco. Monaco
has no aerodromes and no ATC system and has asked France to administer the control
of air traffic over the territory of the State. French law is applied to Monegasque [Monaco]
airspace).

Article 3 - Civil and State Aircraft
This convention shall be applicable only to civil aircraft, and not to State aircraft:

~ Aircraft used in military, customs, and police services shall be deemed to be State
aircraft.

~ No State aircraft of a Contracting State shall fly over the territory of another State or
land without authorization by special agreement or otherwise.

~ The Contracting States undertake, when issuing regulations for their State aircraft,
that they will have due regard for the safety of navigation of civil aircraft.

Article 4 - Misuse of Civil Aircraft
Each Contracting State agrees not to use civil aviation for any purpose inconsistent with the aims
of this convention.

Article 5 - Right of Non-Scheduled Aircraft
Each Contracting State agrees that all aircraft of other Contracting States, not engaged in
scheduled international air services, shall have the right to make flights into or transit non-stop
across its territory and to make stops for non-traffic purposes without the necessity of obtaining
prior permission. This is subject to the right of the state flown over, which may require the aircraft
to land. Each Contracting State reserves the right, for reasons of safety of flight, to require aircraft
desiring to proceed over regions which are inaccessible or without adequate air navigation
facilities to follow prescribed routes, or to obtain special permission for such flights. Such aircraft,
if engaged on the carriage of passengers , cargo, or mail for remuneration or hire on other than
scheduled international air services, shall also subject to the provisions of Article 7, have the right
to take on or discharge passengers, cargo , or mail. This is subject to the right of any State, where
such embarkation or discharge takes place, to impose such regulations, conditions, or limitations
as it may consider desirable.

Article 6 - Scheduled Air Services
No operation of scheduled international air service may be operated over or into the territory of a
Contracting State , except with the special permission or other authorization of that State, and in
accordance with the terms of such permission or authorization .

2-4 A ir Law

The HistDlY ofAviation Law and the Chicago Convention 1944 Chapter 2

Article 7 - Cabotage
Each Contracting State shall have the right to refuse permission to the aircraft of other
Contracting States to take on in its territory passengers , mail , and cargo carried for remuneration
or hire and destined for another point within its territory. Each Contracting State undertakes not to
enter into any arrangements that specifically grant any such privilege on an exclusive basis to any
other State or an airline of any other State, and not to obtain any such e~clusive privilege from
any other State.

Article 10 - Landing At Customs Airport
Except in a case where, under the terms of this Convention or a special authorization , aircraft are
permitted to cross the territory of a Contracting State without landing , every aircraft which enters
the territory of a Contracting State shall, if the regulations of that State so require , land at an
airport for the purpose of customs and other examination. On departure from the territory of a
Contracting State, aircraft shall also depart from a designated customs airport. Particulars of all
designated customs airports shall be published by the State and transmitted to the ICAO
established under Part II of this Convention for communication to all other Contracting States .
Customs Airports are frequently called 'International' airports.

Article 11 - Applicability of Air Regulations
Subject to the provisions of this Convention, the laws and regulations of a Contracting State
relating to the admission to or departure from its territory of aircraft engaged in international air
navigation, or to the operation and navigation of such aircraft while within its territory, shall be
applied to the aircraft of all Contracting States without distinction as to nationality, and shall be
complied with by aircraft upon entering or departing from or while within the territory of that State.

Article 12 - Rules of the Air
Each Contracting State agrees to adopt measures to ensure that all aircraft fiying over or
manoeuvring within its territory and that every aircraft carrying its nationality mark shall comply
with the rules and regulations relating to the fiight and manoeuvres of aircraft there in force. Each
Contracting State undertakes to keep its own regulations uniform, to the greatest possible extent,
with those rules established under the Convention . Over the high seas , the rules in force shall be
those established under the Convention . Each Contracting State undertakes to ensure the
protection of all persons violating the regulations applicable.

Article 13 - Entry and Clearance Regulations
The laws and regulations of a Contracting State as to the admission to or departure from its
territory of passengers , crew, or cargo of aircraft, such as entry clearance, immigration ,
passports, customs, and quarantine, shall be complied with by or on behalf of passengers , crew
or cargo upon entrance into or departure from , or while within the territory of that State.

Article 17 - Nationality of Aircraft
Aircraft have the nationality of the State in which they are registered.

Article 18 - Dual Registration
An aircraft cannot be validly registered in more than one State, but its registration may be
changed from one State to another.

Air Law 2-5

Chapter 2 The Hist01Y ofAviation Law and the Chicago Convention 1944

Article 19 - National Laws Governing Registration
The registration or transfer of registration of aircraft in any Contracting State shall be made in
accordance with its laws and regulations.

Article 20 - Display of Marks
Every aircraft engaged in international air navigation shall bear its appropriate nationality and
registration marks.

Article 22 - Facilitation of Formalities
Each Contracting State agrees to adopt all practicable measures to facilitate and expedite
navigation by aircraft between the territories of Contracting States. This incl udes the prevention of
unnecessary delays to aircraft, crews, passengers, and cargo, especially in the administration of
the laws relating to immigration , quarantine, customs, and clearance.

Article 24 - Customs Duty

~ Aircraft on a flight to, from , or across the territory of another Contracting State shall
be admitted temporarily free of duty, subject to the customs regulations of the State.
Fuel, lubricating oils, spare parts, regular equipment and aircraft spares on board an
aircraft of a Contracting State, on arrival in the territory of another Contracting State
and retained on board on leaving the territory of that State shall be exempt from
customs duty, inspection fees or similar national or local duties and charges. This
exemption shall not apply to any quantities or articles unloaded, except in
accordance with the customs regulations of the State , which may require that they
shall be kept under customs supervision.

~ Spare parts and equipment imported into the territory of a Contracting State for
incorporation in or use on an aircraft of another Contracting State engaged in
international air navigation shall be admitted free of customs duty, subject to
compliance with the regulations of the State concerned , which may provide that the
articles shall be kept under customs supervision and control.

Article 25 - Aircraft In Distress
Each Contracting State undertakes to provide such measures of assistance to aircraft in distress
in its territory as is practicable , and to permit, subject to control by its own authorities, the owners
of the aircraft or authorities of the State in which the aircraft is registered to provide assistance as
may be necessitated by the circumstances. Each Contracting State, when undertaking a search
for missing aircraft, will collaborate in co-ordinated measures which may be recommended from
time to time by the convention.

Article 26 - Investigation of Accidents
In the event of an accident to an aircraft of a Contracting State occurring in the territory of another
Contracting State, and involving death or serious injury, or indicating serious technical defect in
the aircraft or air navigation facilities, the State in which the incident occurs will institute an inquiry
into the circumstances of the accident, in accordance, so far as its laws permit, with the
procedure which may be recommended by the ICAO. The State holding the inqui ry shall
communicate the report and findings in the matter to the other State.

2-6 Air Law

The History ofAviation Law and the Chicago Convention 1944 Chapter 2

Article 31 - Certificates of Airworthiness
All aircraft engaged in international air navigation shall be provided with a certifica te of
airworthiness issued or rendered valid by the State in which it is registered.

Article 32 - Licences of Personnel
The pilot of every aircraft and the other members of the operating crew of "all aircraft engaged in
international navigation shall be provided with:

>- Certificates of competency, and
>- Licences issued or rendered valid by the State in which the aircraft is registered .

Each Contracting State reserves the right to refuse to recognize , for the purposes of fiight above
its own territory, certificates of competency and licences granted to any of its nationals by other
Contracting States.

Article 33 - Recognition of Certificates And Licences
Certificates of airworthiness and certificates of competency and licences issued or rendered valid
by the Contracting State in which the aircraft is registered, shall be recognized as valid by other
Contracting States, provided that the requirements under which certificates or licences were
issued or rendered valid are equal to or above the minimum standards established by the
Convention.

Article 36 - Photographic Apparatus
Each Contracting State may prohibit or regulate the use of photographic apparatus in aircraft over
its territory.

Article 37 - Adoption of International Standards And Procedures
Each Contracting State undertakes to collaborate in securing the highest practicable degree of
uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel ,
airways and auxiliary services in all matters in which such uniformity will facilitate and improve air
navigation.

To this end the ICAO shall adopt and amend , as may be necessary, international standards and
recommended practices and procedures dealing wilh:

>- Communications systems and air navigation aids, including ground marking
>- Characteristics of airports and landing areas
>- Rules of the air and air traffic control practices
>- Licensing of operating and mechanical personnel
>- Airworthiness of aircraft
>- Registration and identification of aircraft
>- Collection and exchange of meteorological information
>- Log books
>- Aeronautical maps and charts
>- Customs and immigration procedures
>- Aircraft in distress and investigation of accidents

and other such matters concerned with the safety, regularity, and efficiency of air navigation as
may from time to time appear appropriate.

Air Law 2-7

Chapter 2 The History ofAviation Law and (he Chicago Convention 1944

Article 38 - Departures From International Standards and Procedures
Any State which finds it impracticable to comply in all respects with the Standards and
Recommended Practices adopted by ICAO may give notice of such to the Council. Many states
adopt the ICAO SARPS without reservation whilst others (the UK, the USA and Russia in
particular) have notified extensive 'differences ' in their procedures. The list of 'differences' is
recorded in GEN section 7 of the Al P of the state.

PART 11- THE INTERNATIONAL CIVIL AVIATION
ORGANISATION

An organization to be named the International Civil Aviation Organization is formed by the
Convention . It is made up of an Assembly, a Council , and such other bodies as may be
ne cess ary.

THE ORGANISATION

ASSEM6 l Y
.... Contracting St.IM_.".."tIoOt .... .ct.

_~_" bt' ... ""..-nIIIJ

~oIIhoCoon::ill h _b\'lhoeo...d)
3~3

Air Navigation Commission
15 members appointed by the Council.

Air Transport Committee
Appointed by the Council.

Legal Committee

Committee on Joint Support of Air Navigation Services
Not more than 11 members, with not less than 9 members , appointed by the Council.

Finance Committee
Not more than 13 members, wi th not less than 9 members, appointed by the Council.

Committee on Unlawful Interference
15 members appointed by the Council.

2-8 Air Law

The Histmy ofAviation Law and the Chicago Convention J944 Chapter 2

Objectives
The aims and objectives of the organization are to develop the principles and techniques of
international air navigation and 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 fo r

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.

THE ASSEMBLY

The Assembly shall meet not less than once every three years and shall be convened by the
Council at a suitable time and place. An extraordinary meeting of the Assembly may be held at
any time upon the call of the Councilor at the request of not less than 1/5th of the total number of
Contracting States. All Contracting States shall have an equal right to be represented at the
meetings of the Assembly and each Contracting State shall be entitled to one vote. A majority of
the Contracting States is required to constitute a quorum for the meetings of the Assembl y.
Unless otherwise provided in this Convention , decisions of the Assembly shall be taken by a
majority of the votes cast.

ANNEXES TO THE CONVENTION 2-9

The annexes are the basis of the ICAO procedures and practices:

Annex 1 - Personnel Licensing .
Annex 2 - Rules of the Air.
Annex 3 - Meteorological Services.
Annex 4 - Aeronautical Charts.
Annex 5 - Dimension Units.
Annex 6 - Operation of Aircraft.
Annex 7 - Aircraft Nationality and Registration Marks.
Annex 8 - Airworthiness of Aircraft.
Annex 9 - Facilitation.
Annex 10 - Aeronautical Telecommunications.
Annex 11 - Air Traffic Services.
Annex 12 - Search and Rescue.
Annex 13 - Aircraft Accident Investigation.
Annex 14 - Aerodromes.
Annex 15 - Aeronautical Information Service.,
Annex 16 - Environmental Protection.
Annex 17 - Security.
Annex 18 - Transport of Dangerous Goods.

Air Law

Chapter 2 The HistolY ofAviation Law and the Chicago Convention 1944

ICAO regulations are not automatically the law of a contracting state . All regulations have to be
enacted as part of the law of that state.

Status of Annex Components
All Annexes are made up of the following components , not all of which are necessarily found in
every Annex:

Standards and Recommended Practices
Standards and Recommended Practices (generally known as SARPs) are adopted by the
ICAO Council under the provisions of the Chicago Convention. They are defined as
follows:

Standard
Any specification for physical characteristics, configuration , material,
performance, personnel or procedure, the uniform application of which is
recognized as necessary for the safety or regularity of International Navigation
and to which Contracting States will conform in accordance with the conven tion.
In the event of non-compliance then notification to the council is compulsory. The
word 'SHALL' defines a standard.

Recommended Practice
Any specification for physical cha racteristics, configuration , material ,
performance, personnel or procedure, the uniform application of which is
recognized as desirable for the safety or regularity of International Navigation
and to which Contracting States will endeavour to conform in accordance with
the convention. In the event of non-compliance then notification to the council is
not compulsory. The word 'SHOULD' defines a recomm ended practice .

Procedures for Air Navigation Services (PANS)
These are procedures that have been adopted by the council for worldwide use. They can
contain :

~ New procedures, or those which are too complicated or detailed for inclusion in an
An nex.

~ Operating procedures that have not attained a status for adoption as International
Standards and Recommended Practices.

Regional Supplementary Procedures (SUPPS)
These procedures are similar in status to the PANS but are for application in their respective
regions .

Technical Manuals
These documents amplify the SARPs and PANS . They are designed to assist in the use of the
relevant document.

Air Navigation Plans
Air Navigation Plans detail the req uirements for facil ities and services for international air
navigation in the respective ICAO Air Navigation Regions.

2-1 0 Air Law

The HislDlY ofAviation Law and Ihe Chicago Convenliol1 1944 Chapter 2

ICAO Circulars
Any information that is of specific interest to contracting states is transmitted by these documents.

OTHER INTERNATIONAL AGREEMENTS MADE AT CHICAGO

By the nature of the assembled national delegations at Chicago in 1944, j t was not possible to
reach unanimous agreement on all the matters discussed. Individual states demanded to reta in
territorial rights over their airspace , and in general this was respected. In order to make the
agreements work, a system of bilateral agreements was established wh ich permitted states to be
selective in which other states they entered into the agreements with. In essence , if state A did
not want the aircraft of state B fiying unrestricted over its airspace, then it did not enter into an
agreement with that state.

THE INTERNATIONAL AIR TRANSPORT AGREEMENT AND THE
INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT

These bilateral agreements established what are known as the "The Five Freedoms of the Air".
These freedoms are:

One The freedom of innocent passage. The right to fiy across the territory of a state
without landing.

Two Freedom of Facilities . The right to use (land in) foreign territory to refuel or carry
out maintenance. This does not give any traffic rights.

Three The right to carry revenue traffic(1) from the operator state (A) to a treaty partner
state (B).

Four The right to carry revenue traffic from a treaty partner state (B) to the operator
state (A).

Five The right to carry revenue traffic between any points of landing on fiights
between 3 or more treaty partner nations (A to B to C). This is the most important
'freedom' as it effectively facilitates international traffic operations. The term 'a
fifth freedom fiight' is used extensively.

(Do not get this freedom mixed up with Cabotage)

Note 1: Revenue traffic is defined as the ca rriage of passengers , mail , or cargo.

Freedoms one and two are known as technical freedoms , and freedoms three , four, and five are
the commercial freedoms.

SUPPLEMENTARY FREEDOMS

Since 1944, evolution of international air transport has led to situations not envisioned at Chicago.
These are now embodied in 'new' freedoms. (These are outside the learning objectives for 010 -
Air Law).

Six A combination of Freedoms 3 and 4. Revenue traffic fiown between two treaty
partner states (A to C) through the carrier state (B).

Air Law 2-1 1

Chapter 2 The His/my of A viafion Law and the Chicago Convention 1944

Seven Revenue traffic fl own between two nations (A and 8) by carrier of a third nation
(C) without the flight originating, terminating , or landing in state C.

Eight Cabotage (within the EEC) The right to carry revenue traffic between two
points within a treaty (EEC) nation by the carrier of another EEC nation, whilst
allowing the treaty organisation (EEC) to apply cabotage to non-treaty nations.

Nine Code Sharing. The combin ing of two or more scheduled flights under one
operation. This preserves the schedules but economises on aircraft and
effectively increases passenger loading. Technically, this is a breach of the
schedule agreement between states. However, reduced pollution, redu ced noise
nuisance, increased profits, and reduced aerodrome loading all make code
sharing attractive to both aviation authoriti es and operators alike.

THE CONVENTION OF TOKYO 1963

Following concern about unlawful seizure of aircraft in the ea rly 1960s, the Japanese
Government convened a meeting to tackle the problem. Unfortunately, there was no mechanism
for the imposition of authority over flights outside the territory of a state as there was for shipping ,
so the convention was mainly concerned with establishing jurisdiction rather than addressing the
problem of air piracy. The agreements made at this convention cover offences and certain other
acts committed on board aircraft including unlawful seizure . The convention covers the
jurisdiction of the pilot in command and national jurisdiction.

National Jurisdiction

The convention states that the State of Registry of an aircraft is responsible for exercising
jurisdiction over offences and acts committed on board , with the stipulation that the
authority of any other state does not apply (see Jurisdiction of Other States). The State of
Registry should take all legal steps necessary to ensure this.

Jurisdiction of Other States

A contracting state, which is not the State of Registry, may interfere with an aircraft in
flight in order to exercise legal control over any offence committed on board when:

~ An offence has been committed on board in the territorial airspace of that state .
~ An offence committed on board has an effect on the territory of the state.
~ An offence has been committed on board against a national , or permanent resident,

of that state.
~ An offence has been committed on board against the security of that state.
~ The offence committed is a breach of the rules or regulations relating to the fli ght of

ai rcraft in that state.
~ The exercise of jurisdiction is necessary to ensure the observance of any multi-

national agreements between states .

Pilot in Command
If a person commits, or is about to commit, an unlawful act on board an aircraft, the
aircraft commander may impose reasonable measures, including restraint, considered
necessary:

~ To protect the safety of the aircraft, persons or property on board .
~ To maintain good order and discipline.

2-1 2 Air Law

The His/ory ofAviation Law and the Chicago Convention 1944 Chapter 2

~ To enable handing a person over to the competent authorities. This can include
removal of a passenger from an aircraft, or refusal of permission for a person to
board an aircraft.

To carry out his task the aircraft commander may require the assistance of other crew
members. Passengers may also be asked to assist, if necessary.

THE HAGUE CONVENTION OF 1970

Following the Tokyo Convention , and after a spate of politically motivated terrorists hijackings ,
ICAO called a convention hosted by the Dutch government to address this problem . The
Convention for the Suppression of Unlawful Seizure of Aircraft defines the act of unlawful seizure
and the measures to be taken by contracting states to enforce severe punishment upon
perpetrators. This agreement specifies extradition of offenders and obliges contracting states to
extradite offenders.

THE MONTREAL CONVENTION OF 1971

The Convention for the Suppression of Unlawful Acts Against the safety of Civil Aviation
compliments the Hague Convention by making it an offence to:

~ Commit acts of violence on board aircraft that endanger people and property and the
safety of the aircraft.

~ Destroy an aircraft in service or cause damage which renders the aircraft incapable of
fiight or which is likely to endanger the safety of fiight.

~ Place a device on board an aircraft that is likely to destroy the aircraft, damage it, or
render it unfit for fiight.

~ Destroy or damage any navigation facility or interference with its correct operation.
~ Interfere with aircraft communications or transmit information known to be false that

endangers the safety of an aeroplane in fiight.

THE PROTOCOL TO THE MONTREAL CONVENTION OF 1971

This extended the Montreal Convention to include offences committed at aerodromes serving
international civil aviation, including the intentional use of any device, substance or weapon:

~ Likely to cause serious injury or death.
~ To destroy or seriously damage the facilities of an airport.
~ To destroy or damage aircraft not in service at the airport.
~ To disrupt the services at an airport.

Note: In this context, a protocol is a diplomatic method whereby the content of an agreement can
be amended without the need to re-convene the entire convention.

A ir Law 2- 13


Click to View FlipBook Version