Screenshot 2023-09-12 at 12.15.53 PM
Screenshot 2023-09-12 at 12.15.53 PM
Screenshot 2023-09-12 at 12.15.53 PM
REGULATIONS
SUBJECT CODE 4.2
Module 1
• The very term “air law” is debatable and uncertain; however, it has been utilizing by and by
for longer than a century. It was seemingly proposed, in its French structure, by Professor
Ernest Nys of the University of Brussels in 1902 in his report to the Institute de Droit
International regarding the matter “droit et aerostats.” In this time–a year prior to the Wright
siblings flew their first heavier-then-air machine–the developing activity of balloons, airships
and zeppelins pulled in the consideration of the main legitimate researchers around the
globe.
• It is fair to infer that the expression “air law” from its initiation was restricted distinctly to the
legitimate guideline of social relations produced by the aeronautical utilization of the air
space. The expression “aeronautical law” would be more exact however a hundred years of
basic utilization of the expression “air law” ought to be regarded and any phrased questions,
debates are of no viable importance.
Historical background of Aviation law
• The context of origin and the causes of any law’s evolution help to illustrate the social and
cultural framework and could assist in better understanding and interpretation of the rules.
However, in a modern treatise of air law these issues hardly deserve more than a brief
comment. Law governing could not have existed before the humans started to learn the art of
aerial navigation and before the practice of that art created social relations and possible social
conflicts of interests that required legal regulation.
• In the second half of the 18th century humanity encountered the first human flight –only years
before the French revolution and the American war of autonomy. The hot air balloon
developed by brothers Josef-Michel and Etienne-Jacques Montgolfier took off in Annonay on 4
June 1783, in Versailles on 19 September 1783 and in Paris on 21 November 1783 with a human
crew. That is by all accounts the absolute first genuine hint of air law ever a restriction
planned for ensuring the safety of people and property on the ground.
• On 25 July, 1909, a French pilot, Louis Bleriot crossed the English Channel between Les
Barraques, France, and Dover, England–a distance of 38 km flown in a short time. His airplane,
which he assisted with manufacturing, was fueled by a 25-strength three-chamber motor. No
legal actions were taken to approve the flight and its landing in an unfamiliar region and
Bleriot even did not convey his French visa or some other identification paper.
• The activity of states at the beginning of the 20th century is convincingly demonstrated by the
shooting down of foreign military balloons suspected to have crossed the national border for
“espionage” purposes ( e.g. taking photos of fortifications, etc.) – the primacy of tsarist Russia
in defending against “intruders” by shooting down German military balloons in 1904 and 1910.
Disruptive passengers
Disruptive passenger - A passenger who fails to respect the rules of conduct at an airport or on
board an aircraft or to follow the instructions of the airport staff or crew members and thereby
disturbs the good order and discipline at an airport or on board the aircraft.
• Unruly passenger incidents include violence against crew and other passengers, harassment,
verbal abuse, smoking, failure to follow safety and public health instructions and other forms
of riotous behavior.
• Tips for Dealing with Difficult Passengers
• Keep it on the down-low. If a passenger raises a concern or looks as if they're about to cause a
scene, respond in a calm, quiet manner.
• Switch it up.
• Use distraction.
• Talk to a colleague.
• Show compassion. ...
• Stop serving alcohol.
• Answer questions.
• Be kind to parents.
• APPLICABILITY The provisions contained in this CAR shall be applicable to the following: o All
Indian operators engaged in scheduled and non-scheduled air transport services, both domestic
and international, for carriage of passengers. o All airport operators within Indian Territory. o
All passengers during the period of air travel in or over India
• All foreign carriers would follow this CAR subject to compliance of Tokyo Convention 1963.
• Consuming alcoholic beverages or drugs resulting in unruly behaviour. o Smoking in an aircraft
o Failure to obey the instructions of the pilot-in-command o Acting in an unruly manner by:
• • use of any threatening or abusive language towards a member of the crew or other
passengers;
• • behaving in a physically threatening, abusive and disorderly manner towards a member of
the crew or other passengers;
• • Intentionally interfering with the performance of the duties of a crew member.
• or Endangering the safety of an aircraft and persons therein
• ICAO defines an unruly passenger as1: “a passenger who fails to respect the rules of conduct at
an airport or on board an aircraft or to follow the instructions of the airport staff or crew
members and thereby disturbs the good order and discipline at an airport or on board the
aircraft”.
• De-Escalate The Situation First.
• Get Help from Other Passengers or Flight Attendants.
• Establish Firm and Powerful Boundaries.
• Identify Actions that Lead to a Physical Attack.
• Offload and Hand-Over To Security.
• Doc 10117
• Section 1: Assault and Other Acts of Interference against a Crew Member on Board an Aircraft,
15 relates to offences that have an impact on, and affect the normal course of duties assigned
to, the crew members. It provides that “[a]ny person who commits on board an aircraft any of
the following acts thereby commits an offence: (1) physical assault or threat to commit such
assault against a crew member; (2) verbal intimidation or threat against a crew member if such
act interferes with the performance of the duties of the crew member or lessens the ability of
the crew member to perform those duties; (3) refusal to follow a lawful instruction given by or
on behalf of the aircraft commander for the purpose of: (a) protecting the safety of the
aircraft or of persons or property therein; or (b) maintaining good order and discipline on
board.”
• Section 2: Assault and Other Acts Endangering Safety or Jeopardizing Good Order and
Discipline on Board an Aircraft, addresses offences other than those specifically against a crew
member. These offences include those against passengers. Paragraph (1) of Section 2 provides
that “[a]ny person who commits on board an aircraft an act of physical violence against a
person or of sexual assault or child molestation thereby commits an offence.” Paragraph (2)
provides that “[a]ny person who commits on board an aircraft any of the following acts thereby
commits an offence if such act is likely to endanger the safety of the aircraft or of any person
on board or if such act jeopardizes the good order and discipline on board the aircraft: (a)
assault, intimidation or threat, whether physical or verbal, against another person; (b)
intentionally causing damage to, or destruction of, property; (c) consuming alcoholic
beverages or drugs resulting in intoxication.”
• The implementation of aviation law is crucial for ensuring the safety and security of air travel.
Aviation law includes regulations and standards that are designed to protect passengers, crew,
and aircraft from various threats, including accidents, terrorism, and other forms of unlawful
interference.
• Here are some specific reasons why the implementation of aviation law is important:
• Safety: Aviation law mandates safety standards and procedures that are essential for the safe
operation of aircraft. These include rules for aircraft design, maintenance, and operation, as
well as guidelines for air traffic control and pilot training. Compliance with these regulations
helps reduce the risk of accidents and ensures that passengers and crew are protected.
• Security: Aviation law also includes measures to protect against security threats, such as
terrorism and hijacking. These measures include passenger and baggage screening, background
checks for airport and airline personnel, and strict regulations on the transport of dangerous
goods.
• Efficiency: By providing a framework for safe and secure air travel, aviation law helps to
ensure that flights can operate efficiently and on schedule. This is important for airlines,
passengers, and the wider economy, as air travel is often a vital link in global supply chains
and tourism.
• International cooperation: Aviation law is often implemented through international
agreements and conventions, which promote cooperation between countries and help to
ensure consistent standards and procedures across the global aviation industry.
• In summary, the implementation of aviation law is essential for ensuring the safety, security,
and efficiency of air travel, and for promoting international cooperation in the aviation
industry.
• In India, the law on unruly passengers is covered under the Aircraft Rules, 1937, and the Civil
Aviation Requirements (CAR) issued by the Directorate General of Civil Aviation (DGCA). The
DGCA is responsible for regulating civil aviation in India and has the authority to take action
against unruly passengers.
• The CAR mandates that all airlines must have a policy for dealing with unruly passengers. The
policy must include procedures for dealing with disruptive behavior, including physical
restraint, diversion of the flight, and reporting incidents to the authorities. The policy must
also include provisions for compensating affected passengers.
• If an unruly passenger causes a flight to be diverted, the airline must report the incident to
the DGCA within 24 hours. The DGCA may then investigate the incident and take appropriate
action against the passenger, including imposing fines, revoking their flying privileges, or filing
criminal charges.
• Under Indian law, unruly behaviour on a flight can be considered a criminal offense, and the
passenger may face charges of endangering the safety of an aircraft or assaulting crew
members. The punishment for such offenses can include imprisonment and fines.
• In addition to the legal consequences, unruly behaviour on a flight can also result in the
passenger being banned from flying with that airline or other airlines in the future. The ban
may be temporary or permanent, depending on the severity of the offense.
• PREVENTION OF UNRULY BEHAIVIOUR ON FLIGHTS:
• Clear communication of rules: Airline companies should clearly communicate the rules and
regulations to their passengers before and during the flight. The rules should include
restrictions on alcohol consumption, smoking, and inappropriate behaviour.
• Strict consequences for unruly behavior: Airlines should have strict consequences for unruly
behavior. Passengers who engage in disruptive behavior should be immediately removed from
the flight and handed over to the authorities. They may also face fines, legal action, and may
be banned from future flights.
• Training for flight attendants: Flight attendants should be trained to identify and handle unruly
passengers. They should be equipped with the necessary skills to de-escalate situations and
ensure the safety of all passengers.
• Limited alcohol consumption: Airline companies should limit the amount of alcohol served on
flights. They should also avoid serving alcohol to passengers who show signs of intoxication.
• Pre-flight screening: Airlines can also conduct pre-flight screening for passengers who have a
history of unruly behaviour or those who have been flagged as potential risks.
• Collaborative approach: Airlines can work collaboratively with law enforcement agencies and
aviation authorities to share information and prevent unruly behaviour on flights.
• By implementing these measures, airlines can prevent unruly behaviour on flights and ensure
the safety and comfort of all passengers.
END OF MODULE 1
MODULE 2
• ICAO
• AEROPOL AVIATION SERVICES Corporation
• AVIATION MANAGEMENT CONSULTING GROUP
• INTERNATIONAL ASSOCIATION OF AIRPORT EXECUTIVES
• ACI
• IATA
• CANSO
• ICAO
• The International Civil Aviation Organization (ICAO, is a specialized agency of the United
Nations that coordinates the principles and techniques of international air navigation, and
fosters the planning and development of international air transport to ensure safe and orderly
growth.[2] ICAO headquarters are located in the Quartier International of Montreal, Quebec,
Canada.
• The ICAO Council adopts standards and recommended practices concerning air navigation, its
infrastructure, flight inspection, prevention of unlawful interference, and facilitation of
border-crossing procedures for international civil aviation. ICAO defines the protocols for air
accident investigation that are followed by transport safety authorities in countries signatory
to the Chicago Convention on International Civil Aviation.
• The Air Navigation Commission (ANC) is the technical body within ICAO. The commission is
composed of 19 commissioners, nominated by the ICAO's contracting states and appointed by
the ICAO Council.[3] Commissioners serve as independent experts, who although nominated by
their states, do not serve as state or political representatives. International Standards and
Recommended Practices are developed under the direction of the ANC through the formal
process of ICAO Panels. Once approved by the commission, standards are sent to the council,
the political body of ICAO, for consultation and coordination with the member states before
final adoption.
• ICAO is distinct from other international air transport organizations, particularly because it
alone is vested with international authority (among signatory states): other organizations
include the International Air Transport Association (IATA), a trade
association representing airlines; the Civil Air Navigation Services Organization (CANSO), an
organization for Air navigation service providers (ANSPs); and the Airports Council
International, a trade association of airport authorities.
AEROPOL AVIATION SERVICES
Corporation
Aeropol Aviation Services Corporation (Aeropol) is a Canadian owned and Approved
•
Maintenance Organization (AMO) providing quality driven aircraft component Maintenance,
Repair and Overhaul (MRO), Component Distribution and Non-Destructive Testing (NDT)
Inspection services to meet the most demanding standards of the aerospace industry.
Strategically located next to Toronto Pearson International Airport, Aeropol’s 36,000 sq.
ft. stand - alone maintenance facility serves a global customer
base including commercial and regional airlines, cargo carriers, military operators, OEM and
a broad spectrum of vendors.
In commitment to the quality of our services, Aeropol's staff gives top priority to safety and
the satisfaction of our customers. In order to meet the airworthy requirements of our
customers world wide, Aeropol carries out all procedures conforming to international quality
standards and safety regulations including TCCA, HKCAD and ANAC Brazil as well as FAA,
EASA via bilateral agreement including airworthiness authorities in East Asia, the Middle East
and Oceania.
• https://www.aviationmanagement.com/
• Mission
• Aviation Management Consulting Group’s mission is to promote aviation management
excellence through the provision of trusted services, support, and resources to airports,
aviation businesses, agencies, associations, and other industry stakeholders.
Aviation Management Consulting Group’s vision is to be recognized as the leading provider and
innovator of trusted services, support, and resources that promotes aviation management
excellence.
• The International Association of Airport Executives was created to effectively address the
challenges of managing airports in a global economy, including advanced airport management
education and professional development around the world.
• In the early 1990s, major global barriers around the world were dissolving. To effectively
address the challenges of managing airports in a global economy, there was a need for
advanced airport management education and professional development around the world. To
respond to that need, AAAE’s commitment to professional excellence and the AAAE
accreditation program went international through the creation of the International Association
of Airport Executives (IAAE) in 1992.
• IATA
• IATA stands for the International Air Transport Association. It is a trade association that
represents and serves the airline industry globally. IATA was established in 1945 and is
headquartered in Montreal, Canada.
• IATA's primary purpose is to promote safe, reliable, and efficient air transportation. It works
with member airlines and various stakeholders, including governments, regulatory agencies,
and international organizations, to develop industry standards, policies, and practices.
• Some of the key areas of focus for IATA include airline safety, security, operational efficiency,
and sustainability. It provides a wide range of services and programs to its members, including
global standards for airline operations, training and certification programs, and industry
research and analysis.
• IATA also plays a crucial role in the development and implementation of global air transport
regulations and policies. It advocates for the interests of the airline industry and works to
remove barriers to air travel, promote fair competition, and facilitate the growth of the
aviation sector.
• In addition to its core functions, IATA also operates various industry initiatives and projects,
such as the IATA Billing and Settlement Plan (BSP) for airline ticket sales, the IATA Travel Pass
for digital health credentials, and the New Distribution Capability (NDC) for airline
distribution.
• Overall, IATA serves as a central organization that brings together airlines and industry
stakeholders to address common challenges, improve operational efficiency, and promote the
sustainable development of air transportation.
• CANSO stands for the Civil Air Navigation Services Organization. It is a global association
representing the interests of air navigation service providers (ANSPs) worldwide. CANSO was
established in 1996 and is headquartered in Amsterdam, Netherlands.
• The primary goal of CANSO is to enhance the safety, efficiency, and sustainability of air
navigation services. It works closely with its members, including ANSPs, industry suppliers, and
international organizations, to develop and promote best practices, standards, and policies in
air traffic management (ATM).
• CANSO facilitates collaboration among its members to address common challenges, exchange
knowledge, and drive innovation in ATM. It provides a platform for ANSPs to share experiences,
lessons learned, and successful strategies for managing air traffic.
• Some of the key areas of focus for CANSO include airspace management, air traffic flow
management, communication, navigation, surveillance, and ATM system performance. It also
advocates for the interests of ANSPs in international forums, regulatory bodies, and policy-
making organizations.
• CANSO promotes the adoption of new technologies and procedures to improve the efficiency
and safety of air traffic management. It supports the implementation of performance-based
navigation (PBN), collaborative decision-making (CDM), and other initiatives that optimize
airspace utilization and reduce environmental impact.
• Through its various working groups, conferences, and initiatives, CANSO encourages
cooperation and coordination among ANSPs, airlines, airports, and other aviation stakeholders
to achieve seamless and harmonized ATM operations on a global scale.
END OF MODULE 2
MODULE 3 AIRCRAFT ACT AND RULES
• An Act to make better provision for the control of the manufacture, possession, use,
operation, sale, import and export of aircraft. WHEREAS it is expedient to make better
provision for the control of the manufacture, possession, use, operation, sale, import and
export of aircraft;
• 3. Power of Central Government to exempt certain aircraft.
• 4. Power of Central Government to make rules to implement the Convention of 1944.
• 4A. Directorate General of Civil Aviation. 4B. Bureau of Civil Aviation Security.
• 4C. Aircraft Accidents Investigation Bureau.
• 4D. Superintendence of Central Government.
• 5. Power of Central Government to make rules.
• 5A. Power to issue directions.
• 6. Power of Central Government to make orders in emergency.
• 7. Power of Central Government to make rules for investigation of accidents.
• 8.Power to detain aircraft. 8A. Power of Central Government to make rules for protecting the
public health. 8B. Emergency powers for protecting the public health. 8C. Power of Central
Government to make rules for securing safe custody and re-delivery of unclaimed property.
• 9. Wreck and salvage. 9A.Power of Central Government to prohibit or regulate construction of
buildings, planting of trees, etc. 9B. Payment of compensation. 9C. Appeals from awards in
respect of compensation. 9D. Arbitrator to have certain powers of civil courts.
• 10. Penalty for act in contravention of rule made under this Act.
• 10A. Adjudication of penalties. 10B. Cancellation of licence or certificate or approval.
• 11.Penalty for flying so as to cause danger. 11A. Penalty for failure to comply with directions
issued under section 5A. 11B. Penalty for failure to comply with directions issued under section
9A.
• 12. Penalty for abetment of offences and attempted offences. 12A. Composition of offences.
• 12B. Cognizance of offences.
• 13. Power of Court to order forfeiture.
• 14. Rules to be made after publication. 14A.Laying of rules before Parliament. 15. Use of
patented invention on aircraft not required in India.
• Safety oversight functions.--The Director General of Civil Aviation or any other officer specially
empowered in this behalf by the Central Government shall perform the safety oversight
functions in respect of matters specified in this Act or the rules made thereunder.]
• The Ministry of Civil Aviation is a government body responsible for the formulation and
implementation of policies and regulations related to civil aviation in a country. Its primary
objective is to ensure safe, secure, efficient, and sustainable civil aviation operations within
the country's airspace.
• The specific responsibilities and functions of a Ministry of Civil Aviation may vary from country
to country, but they generally include:
• Policy Formulation: Developing policies and strategies for the development and growth of the
civil aviation sector.
• Regulatory Framework: Establishing and enforcing regulations and standards to ensure safety,
security, and efficiency in civil aviation operations. This includes setting rules for air traffic
management, airport operations, aircraft certification, and licensing of aviation personnel.
• Airspace Management: Managing the country's airspace to ensure smooth and safe flow of air
traffic. This involves coordination with air traffic control authorities, implementing air traffic
management systems, and promoting the use of advanced technologies for efficient airspace
utilization.
• Airport Development: Planning, development, and maintenance of airports and related
infrastructure. This includes the construction of new airports, expansion of existing ones, and
ensuring adequate facilities for passenger and cargo handling.
• Aviation Safety and Security: Implementing measures to ensure the safety and security of
aviation operations, passengers, and cargo. This involves conducting inspections, audits, and
investigations, as well as promoting safety and security awareness among aviation
stakeholders.
• International Relations: Representing the country's civil aviation interests in international
forums and organizations. This includes negotiating air service agreements, participating in
discussions on global aviation policies, and fostering cooperation with other countries on
aviation-related matters.
• Airline Industry Regulation: Overseeing the regulation and supervision of airlines operating
within the country. This involves granting operating licenses, monitoring compliance with
safety and security regulations, and addressing consumer protection issues.
• Aviation Training and Education: Promoting and supporting the development of skilled aviation
professionals through training programs and educational initiatives. This includes the training
of pilots, air traffic controllers, aircraft maintenance engineers, and other aviation personnel.
• Environmental Sustainability: Encouraging and implementing initiatives to reduce the
environmental impact of aviation, such as promoting fuel-efficient technologies, reducing
carbon emissions, and addressing noise pollution concerns.
• The Ministry of Civil Aviation plays a crucial role in the development and regulation of civil
aviation, ensuring the safe and efficient movement of people and goods by air within a
country's borders.
Functions of DGCA
1. Registration of civil aircraft
2. Certification of airports
3. Licensing of pilots, aircraft maintenance engineers, air traffic controllers and flight engineers,
and
conducting examinations and checks for that purpose
4. Carrying out amendments to the Aircraft Act, the Aircraft Rules and the Civil Aviation
Requirements for
complying with the amendments to ICAO Annexes, and initiating proposals for amendment to any
other
Act or for passing a new Act in order to give effect to an international Convention or amendment
to an
existing convention.
5. Formulation of standards of airworthiness for civil aircraft registered in India and grant of
certificates of
airworthiness to such aircraft
6. Conducting investigation into incidents and serious incidents involving aircraft up to 2250 kg AUW and
taking accident prevention measures, including formulation of implementation of Safety Aviation
Management Programmes
7. Checks on the proficiency of flight crew and other operational personnel such as flight dispatchers
and
cabin crew
8. Coordination of ICAO matters with all agencies, sending replies to State letters, and taking all
necessary
action arising out of the Universal Safety Oversight Audit Programme (USOAP) of ICAO.
9. Granting Air Operator's Certificates to Indian carriers and regulation of air transport services
operating
to/from/within/over India by Indian and foreign operators, including clearance of scheduled and
nonscheduled
flights of such operators
10. Approval of institutes engaged in flying training including simulator training, AME training, air traffic
services training or any other training related with aviation, with a view to ensuring a high quality of
training
11. Approval to aircraft maintenance, repair, design and manufacturing organizations and their
continued
oversight
12. A nodal agency for implementing Annex 9 provisions in India and for coordinating matters relating to
facilitation at Indian airports, including holding meetings of the National Facilitation Committee DGCA
Organisation Manual
13. Rendering advice to the Government on matters relating to air transport including bilateral air
services
agreements, on ICAO matters and generally on all technical matters relating to civil aviation, and to act
as an overall regulatory and developmental body for civil aviation in the country
14. Keeping a check on aircraft noise and engine emissions in accordance with ICAO Annex 16 and
collaborating with the environmental authorities in this matter, if required
15. Regulation and oversight of matters related to Air Navigation Services. Coordination at national level
for
flexi-use of air space by civil and military air traffic agencies and interaction with ICAO for provision of
more air routes for civil use through Indian airspace
• The Airports Authority of India (AAI) is a statutory body responsible for the management and
development of civil aviation infrastructure in India. It operates under the Ministry of Civil
Aviation and was formed in 1995 by merging the National Airports Authority and the
International Airports Authority of India.
• The primary functions of the Airports Authority of India include:
• Airport Management: AAI manages and operates airports across India, both international and
domestic. It is responsible for the development, maintenance, and management of airport
infrastructure, including terminals, runways, aprons, and other facilities.
• Air Traffic Management: AAI provides air traffic control services, ensuring the safe and
efficient movement of aircraft within Indian airspace. It operates air traffic control towers,
radar systems, and communication networks to facilitate the flow of air traffic.
• Airport Development and Expansion: AAI is involved in the planning, development, and
expansion of airports in India. It identifies locations for new airports, undertakes construction
projects, and upgrades existing airports to meet the growing demands of air travel.
• Air Navigation Services: AAI provides navigation aids and services to support safe and efficient
navigation for aircraft. This includes the installation and maintenance of navigational aids such
as radar systems, instrument landing systems, and communication equipment.
• Aviation Infrastructure Development: AAI develops aviation-related infrastructure, including
cargo terminals, aviation training centers, and maintenance, repair, and overhaul (MRO)
facilities. It aims to enhance the overall aviation ecosystem in the country.
• Airports Economic Regulatory Authority (AERA): AAI also hosts the secretariat for the Airports
Economic Regulatory Authority, which is responsible for determining tariffs and other
economic regulations for major airports in India.
• International Collaboration: AAI collaborates with international aviation organizations and
airports to foster cooperation, exchange best practices, and promote bilateral agreements in
the field of civil aviation.
• AAI plays a crucial role in the development and modernization of civil aviation infrastructure in
India. It strives to provide safe, efficient, and customer-friendly airport services, contributing
to the growth of the Indian aviation industry and facilitating air connectivity across the
country.
• The term "Director of Airworthiness" is not specific to a single organization or country.
However, in the context of civil aviation, the Director of Airworthiness typically refers to a key
position within a regulatory authority or aviation authority responsible for overseeing and
ensuring the airworthiness of aircraft.
• The responsibilities of a Director of Airworthiness can vary, but they generally include:
• Aircraft Certification: Overseeing the process of certifying the airworthiness of new aircraft
models and modifications. This involves evaluating design, systems, and performance to ensure
compliance with safety standards and regulations.
• Airworthiness Inspections: Conducting inspections and audits of aircraft operators,
maintenance organizations, and repair facilities to ensure compliance with airworthiness
regulations and maintenance standards.
• Airworthiness Directives: Issuing airworthiness directives (ADs) when safety issues are
identified in specific aircraft models or components. ADs mandate inspections, repairs, or
modifications to maintain or restore the airworthiness of affected aircraft.
• Continued Airworthiness: Establishing and overseeing programs for the continued airworthiness
of in-service aircraft. This includes monitoring maintenance records, analyzing safety data,
and conducting reviews to ensure ongoing compliance with airworthiness requirements.
• Technical Expertise: Providing technical guidance and support to aviation inspectors,
engineers, and other personnel involved in airworthiness matters. This includes interpreting
regulations, investigating incidents, and resolving technical issues related to aircraft
airworthiness.
• Rulemaking and Policy Development: Participating in the development and revision of
airworthiness regulations, standards, and policies to align with international best practices and
ensure the safety of aircraft operations.
• Collaboration and Coordination: Collaborating with national and international aviation
organizations, manufacturers, operators, and other stakeholders to share information,
coordinate activities, and promote best practices in airworthiness.
• The specific title and organizational structure may vary between countries and regulatory
authorities. For example, in the United States, the Federal Aviation Administration (FAA) has a
Director of the Aircraft Certification Service who oversees airworthiness activities related to
aircraft design, production, and continued airworthiness. In other countries, similar
responsibilities may fall under different titles or divisions within the civil aviation authority.
• The Airport Economic Regulatory Authority (AERA) is an independent statutory body
established by the Government of India under the Airports Economic Regulatory Authority of
India Act, 2008. AERA is responsible for economic regulation of major airports in India to
ensure a balance between the interests of airport operators, airlines, and passengers.
• The key functions and responsibilities of AERA include:
• Determination of Tariffs: AERA determines the tariffs charged by airport operators for various
services, including landing and parking charges, passenger service fees, and other charges
related to airport operations. It aims to ensure that tariffs are reasonable, transparent, and
non-discriminatory.
• Monitoring Service Quality: AERA monitors and regulates the quality of services provided by
airport operators. It sets service quality standards and monitors the performance of airports in
areas such as passenger facilitation, cleanliness, safety, and security.
• Economic Oversight: AERA conducts economic oversight of airport operators to ensure efficient
and cost-effective operations. This involves reviewing financial and operational performance,
examining investment plans, and evaluating the efficiency of airport services.
• Dispute Resolution: AERA provides a mechanism for resolving disputes between airport
operators, airlines, and other stakeholders. It mediates and adjudicates disputes related to
tariffs, service quality, or any other economic issues.
• Facilitating Competition: AERA promotes competition in the airport sector by ensuring a level
playing field for airport operators and encouraging fair competition among airlines. It prevents
monopolistic practices and promotes the interests of consumers and other stakeholders.
• Stakeholder Consultation: AERA engages in stakeholder consultations to gather inputs and
feedback on matters related to airport economic regulation. It seeks to involve airlines, airport
operators, passenger groups, and other stakeholders in decision-making processes.
• Policy Recommendations: AERA provides policy recommendations to the government on
matters related to airport economics, pricing, and regulation. It contributes to the
development of policies and regulations that promote the growth and sustainability of the
aviation sector in India.
• AERA plays a crucial role in ensuring transparency, accountability, and efficiency in the
economic regulation of major airports in India. By balancing the interests of various
stakeholders, AERA aims to promote the development of a competitive and customer-centric
aviation industry.
Module No.-5: ICAO INTERNATIONAL CONVENTIONS
• Scheduled and non-scheduled air traffic,
• airline cooperation –
• code sharing,
• pooling: airports,
• measures to facilitate air navigation ,
• The Warsaw Conventions, 1920 –
• liability of carrier under Warsaw system, applicability,
• documents of carriage,
• liability of carrier,
• unlimited liability,
• delay, damage and compensation,
• Rome convention of 1952,
• TOKYO convention (1963),
• Hague Convention on Hijacking 1970,
• Montreal convention 1999,
• The Chicago conventions,
• Scheduled air transportation is the scheduled transport of cargo, property, and passengers by
an airline company. The airline typically institutes regularly scheduled flights in and out of a
commercial airport that run at consistent days and times.
• A non-scheduled airline is a company that offers unscheduled air transport services of
passengers or goods at an hourly or per mile / kilometer charge for chartering the entire
aircraft along with crew.
• An airline alliance is an aviation industry arrangement between two or more airlines agreeing
to cooperate on a substantial level. Alliances may provide marketing branding to facilitate
travelers making inter-airline codeshare connections within countries. This branding may
involve unified aircraft liveries of member aircraft.[1]
• In 2015, Star Alliance was the largest with 23% of total scheduled traffic in Revenue passenger
kilometres (RPKs)/revenue passenger miles (RPMs), followed by SkyTeam with 20.4%
and Oneworld with 17.8%, leaving 38.8% for others.[2] In 2019, by number of passengers, Star
Alliance was leading 762 million,[3] followed by SkyTeam (630 million)[4] and Oneworld
(535 million).[5]
• Benefits can consist of an extended network, often realised through codeshare agreements.
Many alliances started as only codeshare networks. Cost reductions come from sharing
operation facilities (e.g. catering or computer systems), operation staff (e.g. ground handling
personnel, at check-in and boarding desks), investments and purchases (e.g. in order to
negotiate extra volume discounts).[6] Traveller benefits can include lower prices due to
lowered operational costs for a given route, different times to choose from, more destinations
within easy reach, shorter travel times, more options of airport lounges shared with alliance
members, fast track access on all alliance members if having frequent flyer status, faster
mileage rewards by earning miles for a single account on several different carriers, round-the-
world tickets, enabling travellers to fly over the world for a relatively low price.[7][8]
• Airline alliances may also create disadvantages for the traveller, such as higher prices when
competition is erased on a certain route or less frequent flights; for instance, if two airlines
separately fly three and two times a day respectively on a shared route, their alliance might
fly less than 5 (3+2) times a day on the same route. This might be especially true between hub
cities for each airline. e.g., flights between Detroit Metropolitan Wayne County Airport (a
• Air navigation is defined as "the process of determining the geographic position and
maintaining the desired direction of an aircraft relative to the surface of the earth.“
• Facilitating air navigation involves implementing measures and strategies to ensure the safe,
efficient, and orderly movement of aircraft through airspace. This is crucial to maintaining
aviation safety and optimizing air traffic flow. Here are some measures commonly used to
facilitate air navigation:
• Air Traffic Control (ATC) Services: Effective ATC services provide real-time guidance and
instructions to pilots, ensuring safe separation between aircraft and guiding them during
takeoff, landing, and en-route phases.
• Navigation Aids: Navigation aids such as radio beacons, GPS (Global Positioning System), and
radar systems help pilots determine their precise location and navigate accurately, especially
in adverse weather conditions.
• Airspace Management: Properly designed and classified airspace ensures that different types
of flights are segregated appropriately, optimizing capacity and safety. This might include
creating specific lanes for departing, arriving, and overflying aircraft.
• Route Planning and Optimization: Airlines and air traffic controllers collaborate to plan
efficient flight routes that consider factors like weather, wind patterns, and congestion. This
helps reduce fuel consumption and flight times.
• Air Traffic Flow Management (ATFM): ATFM involves coordinating the flow of air traffic to
prevent congestion and delays. This can include adjusting departure times, rerouting flights,
and implementing ground delays to manage demand.
• Collaborative Decision Making (CDM): CDM involves sharing information among stakeholders,
including airlines, airports, and air traffic control, to make more informed decisions about
flight operations and airport resource utilization.
• Continuous Descent and Climb Operations (CDO/CCO): Encouraging pilots to use continuous
descent and climb profiles during approach and departure reduces fuel consumption, noise,
and emissions.
• Performance-Based Navigation (PBN): PBN uses advanced navigation technologies to define
precise flight paths, allowing for more direct routes and optimized airspace usage.
• Data Sharing and Digitalization: Sharing real-time data among all stakeholders, including
pilots, controllers, and airlines, enhances situational awareness and allows for quicker
decision-making.
• Collaboration with International Standards: International organizations like the International
Civil Aviation Organization (ICAO) establish global standards and practices for air navigation,
ensuring harmonization and interoperability across countries.
• Use of Automation and Artificial Intelligence: Modern aviation systems leverage automation
and AI to assist air traffic controllers in managing complex traffic scenarios and making
informed decisions.
• Weather Information Integration: Providing real-time weather updates to pilots and
controllers helps them adjust flight plans and manage traffic in response to changing weather
• Air carriers' liability is generally determined by the principles of the Convention for the
Unification of Certain Rules Relating to International Transportation by Air (Warsaw Convention
1929), which was signed at Warsaw in 1929 and came into force on February 13, 1933.6 It has
been ratified by 127 countries and, in this respect, is the world's most successful private law
treaty.7 The original objectives of the Warsaw Convention were to achieve international
uniformity in air carriers' liability and documentation for air transportation.8 It introduced a
uniform system of strict but limited liability for passengers, baggage,9 and cargo. Uniformity
was desirable to facilitate transactions across borders, languages and cultures, and to avoid
interminable conflicts of law problems. Liability was made strict to avoid the problems of
proving fault and to compensate for the imposition of limits on claims. It was argued that it
was necessary to limit claims, otherwise, a single disaster could bankrupt a carrier and
insurance would be too expensive for carriers or for passengers if added to the price of each
ticket. Advances in technology, safety, and insurance have undermined the latter arguments,
and the Warsaw System has evolved through a series of increased limits to various attempts to
remove the limits altogether.
• The Warsaw Convention of 1929, officially known as the "Convention for the
Unification of Certain Rules Relating to International Carriage by Air," was an
international treaty that established the legal framework for the liability of airlines
in cases of death, injury, or damage to passengers, baggage, and cargo during
international air travel. The convention aimed to provide a uniform set of rules for
international air carriage and to address the legal complexities arising from the
emerging field of aviation.
• Key provisions of the Warsaw Convention of 1929 include:
• Liability Limitations: The convention introduced limits on the liability of airlines for
damages caused by accidents during international flights. The limits were based on a
fixed amount per passenger or kilogram of cargo. These limits aimed to provide a
degree of financial protection for airlines while ensuring compensation for victims.
• Strict Liability: The convention established a principle of strict liability for airlines in
cases of death, injury, or damage that occurred during international flights. This
meant that the airline was held responsible for damages regardless of fault, except in
cases where the airline could prove that the accident was caused by factors beyond
its control.
• Time Limit for Claims: The convention introduced a two-year time limit for
filing claims related to death, injury, or damage. This time limit aimed to
provide legal certainty and prevent prolonged legal disputes.
• Jurisdiction: The convention established rules for determining the
jurisdiction where legal actions related to air travel accidents could be
initiated. It allowed passengers and their families to file claims in the country
where the airline had its principal place of business or where the airline had
an established branch.
• The Warsaw Convention of 1929 was an important step in creating a legal
framework for international air travel and addressing the challenges
associated with liability and compensation in case of accidents. Over time,
this convention underwent amendments and modifications, and its principles
formed the basis for subsequent international agreements and conventions
related to air travel, such as the Montreal Convention of 1999. The Montreal
Convention introduced updated provisions to further enhance passenger and
cargo rights and to adapt to the changing landscape of the aviation industry.
• Conditions for Liability Exemption: The convention outlined specific
conditions under which an airline could be exempted from liability. These
• Chapter I – Definitions
• Chapter II – Documents of Carriage; Luggage and Passenger
Ticket
• Chapter III – Liability of the Carrier
• Chapter IV – Provisions Relating to Combined Carriage
• Chapter V – General and Final Provisions
• Defines "international carriage" and the convention's scope of applicability
• Sets rules for documents of carriage
• Sets rules for the air carrier's liability and limitations thereof
• Sets rules for legal jurisdiction
• Mandates carriers to issue passenger tickets;
• Requires carriers to issue baggage checks for checked luggage;
• Creates a limitation period of two years within which a claim must be brought (Article 29); and
• Limits a carrier's liability to at most:
• 250,000 Francs or 16,600 special drawing rights (SDR) for personal injury;
• 250 Francs or 19 SDR per kilogram for checked luggage and cargo, or US$20 per kilogram[citation
needed] for non-signatories of the amended Montreal Convention;
• 5,000 Francs or 332 SDR for the hand luggage of a traveller.
• The Hague Hijacking Convention (formally the Convention for the Suppression of Unlawful
Seizure of Aircraft) is a multilateral treaty by which states agree to prohibit and
punish aircraft hijacking. The convention does not apply to customs, law enforcement or
military aircraft, thus it applies exclusively to civilian aircraft. The convention only addresses
situations in which an aircraft takes off or lands in a place different from its country of
registration. The convention sets out the principle of that a party to the treaty must prosecute
an aircraft hijacker if no other state requests his or her extradition for prosecution of the same
crime.
• The Hague convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters1 was signed on 15 November 1965. India acceded to The Hague
Convention on 23rd November, 2006 and the Convention was entered into force in India on 1st
August, 2007.
• The Montreal Convention 1999 (MC99) establishes airline liability in the case of death or injury
to passengers, as well as in cases of delay, damage or loss of baggage and cargo. It unifies all
of the different international treaty regimes covering airline liability that had developed
haphazardly since 1929. MC99 is designed to be a single, universal treaty to govern airline
liability around the world.
• It unifies all of the different international treaty regimes covering airline liability that had
developed haphazardly since 1929. MC99 is designed to be a single, universal treaty to govern
airline liability around the world.
• The Convention on International Civil Aviation, also known as the Chicago Convention,
established the International Civil Aviation Organization (ICAO), a specialized agency of
the United Nations charged with coordinating international air travel.[2] The Convention
establishes rules of airspace, aircraft registration and safety, security, and sustainability, and
details the rights of the signatories in relation to air travel. The Convention also contains
provisions pertaining to taxation.
• The document was signed on December 7, 1944, in Chicago by 52 signatory states.[3] It
received the requisite 26th ratification on March 5, 1947, and went into effect on April 4,
1947, the same date that ICAO came into being. In October of the same year, ICAO became a
specialized agency of the United Nations Economic and Social Council (ECOSOC). The
Convention has since been revised eight times (in 1959, 1963, 1969, 1975, 1980, 1997, 2000
and 2006).[2]
• As of March 2019, the Chicago Convention had 193 state parties, which includes all member
states of the United Nations except Liechtenstein. The Cook Islands is a party to the
Convention although it is not a member of the UN.[1] The convention has been extended to
cover Liechtenstein by the ratification of Switzerland.[4]
• The Convention establishes rules of airspace, aircraft registration and safety, and details the
rights of the signatories in relation to air travel; it also exempts air fuels from tax. The
Convention was signed by 52 states on 7 December 1944 in Chicago, Illinois, U.S., and came
into effect on 4 April 1947.
• The International Air Services Transit Agreement, also known as the "Chicago Convention," was
not established in 1944, but rather in 1944, the Chicago Convention led to the creation of the
International Civil Aviation Organization (ICAO) and the signing of the Convention on
International Civil Aviation.
• The Chicago Convention, officially known as the Convention on International Civil Aviation,
was signed on December 7, 1944, in Chicago, Illinois, USA. This agreement established the
legal framework for the regulation and governance of international civil aviation. The
convention laid down principles and regulations for the safe and orderly development of
international aviation, including air navigation, aircraft registration and safety, air traffic
control, and the rights of aircraft to fly over other countries' territories.
• The Chicago Convention also established the International Civil Aviation Organization (ICAO), a
specialized agency of the United Nations responsible for coordinating and regulating
international air travel. ICAO's primary role is to promote the safe and efficient use of civil
aviation worldwide, standardize procedures, and establish norms and practices for the
industry.
• While the Chicago Convention itself wasn't an air services transit agreement, it was a pivotal
event that led to the establishment of ICAO and the subsequent development of international
agreements related to air services transit, bilateral air agreements, and other aspects of civil
aviation.
• Each contracting State grants to the other Contracting States the following freedoms of the air
in respect of scheduled international air services:
• 1. The privilege to fly across its territory without landing;
• 2. The privilege to land for non-traffic purposes;
• 3. The privilege to put down passengers, mail and cargo taken on in the territory of the State
whose nationality the aircraft possesses;
• 4. The privilege to take on passengers, mail and cargo destined for the territory of the State
whose nationality the aircraft possesses
• ; 5. The privilege to take on passengers, mail and cargo destined for the territory of any other
Contracting State and the privilege to put down passengers, mail and cargo coming from any
such territory.
• THE CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT, SIGNED AT
GENEVA ON 19 JUNE 1948
• The purpose of this Convention is to facilitate the financing for the purchase of aircraft
employed in international air services. The main characteristics of the Convention are the
following:
• a) the protection of secured creditors (banks) who lend money on the security of aircraft
(through the standard form of a mortgage);
• b) the protection of third parties dealing in or with aircraft against hidden charges;
• c) the definition and protection of privileged and priority claims against aircraft;
• d) the facilitation of the transfer of aircraft from one nationality to another.