In the aviation sector, laws, standards, rules and regulations constitute the legal foundation for the mission of facilitating safety and protecting … The Chicago Convention is integrated into English law and applicable in the jurisdiction as a matter of international law. The CAA exercises certain licensing and other powers under European Regulations, notably in connection with operational safety and airworthiness. The United Kingdom was a signatory to the Chicago Convention in 1944 and it was ratified on 1 March 1947 prior to its effective date of 4 April 1947. The ICO’s other coercive powers include issuing information notices requiring organisations to provide it with information and issuing binding undertakings to organisations with which they must comply. This branch of law contains both national and international branches. Firstly, safety and security is very important to aviation facilities. stamp duty) applicable to the buying and selling (i.e. The Civil Aviation (Chargeable Air Services) (Records) Regulations 2001 govern the format and content of the aircraft movement log, which must be kept at any airport pursuant to section 88 of the Civil Aviation Act 1982. As regards the lessor of an aircraft registered with the CAA, theoretically it is permitted to take enforcement action to repossess the aircraft following a default by the lessee concerned on the relevant lease terms, without enforcing through the courts, i.e. This section provides the Acts, regulations, associated legislative instruments and guidance material that forms the aviation regulatory framework in Australia. U.S. Department of Transportation Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 (866) tell-FAA ((866) 835-5322) The CAA is responsible for administering air safety on a day-to-day basis, in its own capacity and for and on behalf of EASA. It is also worth noting that EU countries have bilateral PNR agreements with third countries in the wake of terrorist attacks across the EU and in the USA. The areas covered within the publication are well written, and kept concise. 1. This alliance involved revenue-sharing and joint management of schedules, pricing and capacity. Proposals to amend Regulation 261 have been under consideration for several years but remain to be finalised. Since then, a qualifying aircraft must be: i) used by an airline operating for reward chiefly on international routes; or ii) used by a State institution and of a weight of not less than 8,000 kg and neither designed nor adapted for use for recreation or pleasure. A public consultation on the effects of the expansion of Heathrow followed that decision. The organization moderates the competition between aviation companies, ensuring fair play and uniformity in pricing. The number of enforcement notices and penalties issued by the ICO under the GDPR is expected to rise, especially in the aftermath of the ICO’s investigation concerning the data breach at British Airways in August 2018 that resulted in the account numbers and personal information from around 500,000 customers being stolen. The Civil Aviation Authority Regulations 1991 - Statutory Instrument No 1672 1991. 4.15      What global distribution suppliers (GDSs) operate in your jurisdiction? These have defined the relevant market in decisions regarding the aviation sectors as follows: Origin and Destination (“O&D”) City Pairs. In response to this, the European Technology & Travel Services Association filed a formal complaint with the European Ombudsman against the EC in July 2018. The GDPR came into force in each Member State on 25 May 2018. covers common issues in aviation laws and regulations - including aircraft trading, finance and leasing, litigation and dispute resolution – in 35 jurisdictions. For the sake of completeness, it should be noted that the Bills of Sale Acts 1878 and 1882 allow seizure of an aircraft (or aviation asset) on the occurrence of certain events of default (as specified in the Acts) relating to a security bill of sale. any rights and interests existing prior to ratification of the CTC will retain their priority without the need for registration. The Passenger Name Record Data and Miscellaneous Amendments Regulations 2018, which came into force on 25 May 2018, implemented the PNR Directive in the UK. 4.2        How do the competition authorities in your jurisdiction determine the ‘relevant market’ for the purposes of mergers and acquisitions? Assistance of the local police is routinely available to AAIB investigators to secure an accident site. (g) firms carrying on business in Scotland; in this sub-paragraph “firm” has the same meaning as in the Partnership Act 1890 (c39). The most important role of the law of aviation is to provide a framework that keeps the aviation industry safe, fair, and efficient. See and understand the impact of policy lifecycle simplicity. trademarks) and other assets and data of a proprietary nature? 4.17      Is vertical integration permitted between air operators and airports (and, if so, under what conditions)? This type of application may be made without notice to the operator of the relevant aircraft if the mortgagee or the lessor (as the case may be) can demonstrate the urgency of the matter to the court in accordance with the applicable Civil Procedure Rules. Civil and criminal cases will be heard in separate courts. When an airport benefits from public funding, the EC will assess whether such funding constitutes aid by considering whether, in similar circumstances, a private-sector funder would have granted the same funding. Under the Air Navigation Order 2009, an aircraft registered in a state other than the UK must not take on board or discharge any passengers or cargo in the UK for valuable consideration without an operating permit granted by the Secretary of State. This has an impact on carriers, as it has a scope which extends beyond the traditional holiday package booked through a tour operator, and covers many other forms of combined travel (for example, fly-drive holidays and flight-hotel bookings). But on a daily basis, on thousands of commercial and military flights, the lives of countless … The parties also offered to conclude with competitors fare combinability and special pro rata agreements, as well as to provide access to the parties’ frequent-flyer programmes. The Operation of Air Services in the Community Regulations 2009 - Statutory Instrument No 41 2009. The Transport Act 2000 provides that an aircraft may be detained and sold where its operator has not paid charges relating to air navigation services provided by the CAA, the Secretary of State or Eurocontrol. The GDPR has enhanced notification provisions around data losses and breaches, as well as allowing the relevant data protection regulators the authority to levy significantly increased fines for non-compliance with the provisions of the Regulation. The CAA regulates all aspects of the aviation industry. The CMA has a wide range of powers, including to prevent the merger proceeding or divestment if the proceeding has already taken place. Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. 5335, paragraph 441; and Lufthansa/Swiss, Case COMP/M. The EC considers that Business and First Class tickets on one hand, and Economy on the other, are two different product markets. Broadly speaking, what are the rules around the operation of this register? UK Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005. there is a degree of complexity of the facts, legal issues, remedies or procedures involved; and/or. Aviation Health and Safety Review TC: Aviation Occupational health and Safety Regulations Important WHMIS symbols WHMIS Legislation - It was developed by Government, Labour and Industry to provide consistent information delivery to all Canadian workers regarding hazardous (controlled) products used in workplaces. Civil disputes concerning personal injury or property damage may be pursued in the Queen’s Bench Division of the High Court or in the County Court in accordance with the criteria summarised below. Certified copies of the entries on the Mortgage Register are available at £31 per aircraft. European Regulation 261/2004 (“Regulation 261”) provides rules concerning compensation for denied boarding and/or cancelled or delayed flights. UK Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996. The relevant aircraft mortgage, once registered with the CAA, will then take its priority from the date of registration of the original priority notice. Each of the agreements sets out the use of PNR data collected by airlines for law enforcement purposes. … In relation to highly integrated airline alliances, the so-called “metal neutral alliances”, the EC closed an investigation on 14 July 2010 into the British Airways, American Airlines and Iberia (members of the Oneworld alliance) highly integrated transatlantic alliance, covering all routes between North America and Europe (see case No 39596 BA/AA/IB). The majority of cases concerning death, serious injury or serious property damage claims arising out of air accidents will be heard by a Court of the Queen’s Bench Division of the High Court. Airport operators have also been held liable where there was a known hazard and no effective system to discover and disperse birds, leading to bird strikes. European Aviation Safety Agency Discussions on the establishment of a European safety body in the EU date back to as early as 1996, but it was only in 2002 that the European Aviation Safety Agency (EASA) was established as a self-standing … (f)   protected by ensuring that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of the personal data, as well as against accidental loss or destruction of, or damage to, personal data. Applicants for registration of a mortgage must complete and provide to the CAA a Form CA1577 (see (Hyperlink), together with a complete copy of the related aircraft mortgage deed (provided it has been certified as a true copy by the applicant). In relation to a), the supply, charter or hire of “qualifying aircraft” are zero-rated for VAT purposes. The Directive was approved by Parliament as a whole on 14 April 2016 and by the Council of the EU on 21 April 2016. The EC and the European National Competition authorities (“EU regulators”) have not yet blocked airline alliances, which are usually considered to produce substantial efficiencies and consumer benefits, but have, often following lengthy investigations and negotiations with the parties, required commitments from the parties, to be satisfied that the alliance qualifies for exemption and, in particular, that competition is not significantly affected or eliminated. At EU level, yes. In the Alitalia/Volare case, the Italian Competition Authority considered the codeshare agreement restrictive but the decision was reversed by the court (both first instance and second instance), and in the Alitalia/Minerva case, the Authority considered the codeshare agreement not to be restrictive. The Montreal Convention has legal effect in the United Kingdom through the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002/263. Of less frequent application, a creditor may obtain a freezing injunction, restraining an aircraft pending judgment and execution of the judgment debt. Data controllers must ensure that data is processed in accordance with six data protection principles in the DPA 2018; namely that personal data is: (b)   obtained only for specified, explicit and legitimate purposes; (c)   adequate, relevant and not excessive for the purposes; (e)   not kept for longer than is necessary; and. This is a quick guide designed to help you use resources from the Harvard Law School Library to research legal issues surrounding the … Basically, safety can be defined as condition, state or situation in which a person feel safe from danger and harm while security can be described as procedure or action taken to ensure safety of a person. For more information on applicable legislation, please visit the EASA website . In addition, and by way of further potential protections, if it can be demonstrated to the court that a risk exists or that the relevant aircraft is treated in a way which frustrates the rights of a mortgagee or lessor (for example, removal by an operator of the aircraft from the jurisdiction or by a clear and material degradation of the condition of the aircraft in the circumstances), it is possible to apply to the court, on an expedited basis, for an interim injunction ordering detention of the aircraft by the mortgagor/lessee until judgment regarding repossession of the aircraft has been given by the court. 1.7        Are airports state or privately owned? Reasons why Aviation Safety is Important. licensing pilots and aircraft maintenance technicians. Aviation industry leaders believed the airplane could not reach its full commercial potential without federal action to improve and maintain safety standards. The EC’s decision covers compensation for SGEI generally, but contains the following provisions specifically relating to air transport: 4.8        What are the main regulatory instruments governing the acquisition, retention and use of passenger data, and what rights do passengers have in respect of their data which is held by airlines and airports? 1.6        As regards international air carriers operating in your jurisdiction, are there any particular limitations to be aware of, in particular when compared with ‘domestic’ or local operators? For example, is there a distinction in your jurisdiction regarding the courts in which civil and criminal cases are brought? Practice Areas > This is due to a number of factors, including: the globalization of aviation, the numerous countries involved, commercial and business competition, and overlapping requirements. As with its EU neighbours, legislation is a mix of local law, international treaties and EU Regulations and directives. google_ad_client="pub-1918347816187470";google_ad_slot="1700318110";google_ad_width=468;google_ad_height=60; In May 2013, the EC cleared a revenue-sharing joint venture focusing on transatlantic passenger routes (in particular, Frankfurt-New York), accepting binding commitments from Star Alliance members Air Canada, United and Lufthansa (COMP/39595 Continental/United/Lufthansa/Air Canada). Nevertheless, for the time being the United Kingdom is signatory to a number of Double Tax Treaties with other nations, the effect of which varies but which typically reduces the rate of withholding taxes payable in various jurisdictions of tax residency on outbound operating lease and finance lease rentals, as well as loan repayment interest, connected with the financing of aircraft assets. A joint venture between airline competitors would, therefore, have to satisfy the four exemption criteria of section 9 CA 1998 and/or Article 101(3) TFEU. However, it often provides non-conclusive prima facie evidence. where the value of the turnover in the UK of the enterprise being taken over exceeds £70 million. Learners do not need to become experts, but should understand the structure of health and safety in the aviation industry. This is a chronological, but still incomplete, list of United States federal legislation. The majority of cases arising out of the finance or lease of aircraft will be heard by the Commercial Court. (d) it would not be in the public interest for the aircraft to be, or to continue to be, registered in the United Kingdom. Pursuant to the Air Navigation Order 2009, the aerodrome licence-holder must ensure that the messages and signals between an aircraft and the air traffic control unit at the aerodrome are recorded, complete and preserved. There is no minimum period for which controllers must hold personal information; rather, they must securely delete personal data when that personal data is no longer necessary for the purposes for which it was collected. unless each of the companies concerned achieves more than two-thirds of its aggregate Community-wide turnover within one and the same Member State (this threshold – the so-called “two-thirds rule” – is intended to exclude cases where the effects of the merger are felt primarily in a single Member State, when it is more appropriate for the national competition authorities to deal with it) (Article 1(2), Merger Regulation). Other responsibilities include: There are now many aviation attorneys throughout the world who represent aviation persons in matters related to violations of mandated aviation regulations. Highlighting her bipartisan aviation safety legislation signed into law at the end of 2020, Cantwell asked Buttigieg about his commitment to implementing safety reforms at the FAA and ensuring the United States takes a leadership role in global aviation safety. Go Green. Failure to install, maintain and use the proper equipment to enable aircraft to take off and land safely will attract liability, and there may be liability to passengers of aircraft which crash if there is a failure to have or to use adequate rescue equipment. an injunction order to prevent the other party from doing something until final judgment is reached; and. For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to? Already registered? It is also worth being mindful of the role that Artificial Intelligence (AI) may play in the future of the aviation industry. Aviation law is the branch of law that governs the legalities and business aspects of flight and air transport, such as air traffic rights, aviation safety and security, economic regulations of airlines, and the operation of airports. Whilst there is no longer a principle for individuals’ rights in the DPA 2018, this is dealt with separately in Chapter III of the GDPR and states that personal data must be processed in accordance with the rights of data subjects. The CTC is effective in the United Kingdom but will not be applied retrospectively, i.e. A search of the United Kingdom Aircraft Mortgage Register for entries registered against relevant aircraft can be made by submitting a CAA Form CA350 (obtained from (Hyperlink) to the CAA. 4.13      Are the airport authorities governed by particular legislation? The relevant market may vary according to the type of passengers: premium and non-premium passengers; or time-sensitive and non-time-sensitive passengers. Linking an airport with more than five million passengers per annum not located in remote regions, however, cannot be considered compatible with the internal market. At their urging, the Air Commerce Act was passed in 1926. To register aircraft on the United Kingdom Register of Civil Aircraft, a Form CA1 (see (Hyperlink) is submitted either by the owner or by the so-called “charterer by demise” (by virtue of a relevant loan, lease, hire or hire purchase) eligible to register in accordance with the Air Navigation Order 2009 [see Endnote 1]. Among the changes to data protection legislation implemented via the GDPR, some key points include: i) requiring freely given, specific, informed and unambiguous consent from a data subject which must be as easy to withdraw as it is to give; ii) the provision of clear and unambiguous information regarding what the data is to be used for, how long it is to be used for and the requirement to set out exactly what the data subject’s rights are in relation to the personal data they provide; iii) maximum fines for breach of the GDPR are the higher of 4% of annual global turnover or €20 million; iv) requiring organisations which engage in “regular and systematic monitoring” of data subjects “on a large scale” to appoint a data protection officer (also known as a “DPO”); and v) the requirement for those processing personal data to be accountable and provide adequate technical and organisational measures to protect any personal data held. Tools. However, in dealing with the concerns of mortgagees, it is possible to seek to manage the risks of detention and sale of a registered aircraft by way of contractual obligations of owners and operators limiting the creation of liens to “permitted liens”. 1008/2008 applies, which sets out at Article 4 (Conditions for granting an operating licence) that an undertaking shall be granted an operating licence by the competent licensing authority of a Member State provided that “(if) Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the community is a party”. A long-running commission of enquiry, chaired by Sir Howard Davies, gave its recommendation in July 2015 that a third runway be built at London Heathrow. These obligations are generally complemented by contractual monitoring rights, established in the relevant loan or lease agreements, which include requirements to provide “statement of account” letters, authorising information regarding relevant payments giving rise to liens, to be provided directly to the mortgagee by the relevant regulatory authority. It is an offence, subject to a defence of due diligence, for an operating air carrier to fail to comply with the obligations imposed under the above. Travelport, Amadeus, Sabre, etc. As detailed above, the Montreal Convention became effective in the United Kingdom pursuant to the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2009 and it can be applied in the UK courts, without particular limitation, on that basis. As regards favourable tax treatment on the disposal of aircraft, no particular tax rules or Regulations apply at present, although the effects of such taxation can be optimised by thoughtful tax planning strategies. In these circumstances, the mortgagee or the lessor (as the case may be) will be required to provide a cross-indemnity for any third-party claims arising from a sudden detention of the aircraft (not, however, in favour of the relevant mortgagor, lessee or operator of the relevant aircraft, on the basis that it is assumed that an appropriate indemnity from such party has already been given in respect of, among other things, losses arising from the repossession of the relevant aircraft following a default). 2.3        Are there any particular regulatory requirements which a lessor or a financier needs to be aware of as regards aircraft operation? An appeal from factual findings is usually difficult to pursue. Civil proceedings for damages or a specified sum may not be started in the High Court unless the value of the claim exceeds £100,000; if not, proceedings should be started in the County Court. Another important source of law is European legislation, which has direct application in the UK concerning safety aspects of aircraft, operators, maintenance and design organisations, and personnel in commercial transport. Information you need in the format you love. The definition of “qualifying aircraft” was narrowed in January 2011 to bring the United Kingdom more in line with the rest of Europe. As a reference guide, this publication provides a good insight. They … This legislation requires that the employer protects the health and safety of mobile workers and young workers in the sector by: Limiting weekly working hours, Providing … the outcome of the claim is of importance to the public in general. This is broadly the position also in relation to VAT applicable to the importation of aircraft into the United Kingdom, except where the aircraft has been imported previously into a Member State of the EU and is classified to be in “free circulation” for customs purposes. The Warsaw Convention of 1929 was the main convention in private aviation law. 115 of 1990; Policies. Aviation Law > 3.4        What service requirements apply for the service of court proceedings, and do these differ for domestic airlines/parties and non-domestic airlines/parties? It contains the full text and details of the lifecycle of individual laws and the relationships between them. For example, London Heathrow is owned by Heathrow Airport Holdings Limited; Aberdeen, Glasgow and Southampton airports are owned by AGS Airports; and Manchester Airport is owned by Manchester Airports Group plc. The EC closed its investigation after the parties offered extensive commitments to make landing and take-off slots available at London Heathrow, which were considered essential to facilitate the entry or expansion of competitors on routes between London and New York, Boston, Dallas and Miami (London-New York: 21 slots weekly (three daily); London-Boston: 14 slots weekly (two daily); London-Miami: seven slots weekly (one daily); London-Dallas: seven slots weekly (one daily)). However, where a merger falls outside the turnover thresholds of the EU Merger Control Regulation 139/2004, but falls within the definition of “relevant merger situation” within the Act (see below), the CMA will have jurisdiction to investigate it within four months of completion or the date it was made public, whichever is later (discussed below). (2)   The ‘runway protection zone’ (in which no drones may be flown) has been extended around aerodromes to within 5km of runway ends, and up to a height of 2,000ft. 4.16      Are there any ownership requirements pertaining to GDSs operating in your jurisdiction? 4.11      Is there any legislation governing the denial of boarding rights and/or cancelled flights? ICLG.com > Directives which have been implemented into UK domestic legislation on the date of Brexit (at the time of writing, set at 31 January 2020) will continue to apply (until repealed) as, by being implemented locally, they form part of the UK’s domestic legislation, as will Regulations which have already taken direct effect as of the date of Brexit. Type B operating licences may also be granted to operators of larger aircraft with a limited scope of activity. All the major GDSs operate in the UK, e.g. including the passing on of savings through lower prices); (c)   the agreement should not impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives. with keeping the aviation industry safe which are numerous and diverse and include the Health and Safety Executive (HSE), the Air Accidents Investigation Branch (AAIB) and the Civil Aviation Authority. The creditor will have to demonstrate, inter alia, that there is a real risk of “dissipation” of the debtor’s assets other than in the usual course of the debtor’s business, and that the value of the debt is commensurate with that of the aircraft. In such a case, however, competition rules particularly prohibiting abuse of a dominant position (section 18 CA 1998 and/or Article 102 TFEU) will prohibit any discriminatory charges for access to airport infrastructure, or denial of access where this affects trade and is not objectively justified. Subject to the limited exceptions mentioned below, there is no statutory regime of “self-help” rights as a matter of English law. You will need to make sure that you keep up with changes to legislation and regulation and that you are aware of the issues present in the aviation space that are impacting on the changes to legislation … Tips and information from leaders in the world of policy and training. It is also worth noting that by adopting the Alternative A insolvency regime (with a 60-day waiting period for the asset to be returned to the creditor), the UK has furthermore decided to grant additional protection to financiers and lessors in a debtor insolvency scenario. The limited case law in English law, which applies as precedent to the matter of the priority of aircraft liens and statutory detention rights, suggests strongly that an aircraft lien or statutory detention right will take priority over a registered aircraft mortgage. Other countries have their own National Aviation Authority (NAA) governing civil aviation. an O&D city pair (which generally are considered non-substitutable by a different city pair). The Intellectual Property Enterprise Court (“IPEC”) is a specialist court that deals with lower-value or lower-complexity intellectual property disputes. Civil Aviation (Allocation of Scarce Capacity) Regulations 2007 – Statutory Instrument No 3556 2007. its principal place of business is located in the Member State whose competent licensing authority is to grant the operating licence; for an operator having its principal place of business in the UK, the CAA is the competent authority; it holds a valid air operator certificate issued by a national authority of the same Member State; it has one or more aircraft at its disposal through ownership or a dry lease agreement; its main occupation is to operate air services in isolation or combined with any other commercial operation of aircraft or the repair and maintenance of aircraft; its company structure allows the competent licensing authority to implement the relevant provisions of the Regulation; Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the European Community is a party; it meets the financial conditions specified in Article 5 of the Regulation; it complies with the insurance requirements specified in Article 11 of the Regulation and in European Regulation 785/2004; and. 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