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AIR (AVIATION) LAW

SKMA 3812
What is Law ?
1. The system of rules that a particular
country or community recognizes as
regulating the actions of its members
and may enforce by the imposition of
penalties.
2. A body of rules of conduct of binding legal
force and effect, prescribed, recognized, and
enforced by controlling authority.
3. a system of rules that are enforced through
social institutions to govern behaviour.
Air Law
(Legislation/Regulation)
Aviation law is the branch of law that concerns
flight, air travel, and associated legal and
business concerns.

Some of its area of concern overlaps that of


admiralty (marine) law and, in many cases,
aviation law is considered a matter of
international law due to the nature of air travel.

the business aspects of air operators (airlines etc)


and their regulation also fall under aviation law.
Aviation law governs (nearly all individuals)
connected to the operation of aircraft and the
maintenance of aviation facilities.

In Malaysia, the air law fall under the


Department of Civil Aviation (DCA) governs
applied aspects of flight.

the International Civil Aviation Organization


(ICAO) provides general rules and mediates
international concerns to an extent regarding
aviation law.
This highly specialized field of law
encompasses most facets of air travel, as well
as the operation and regulation of business
issues relating to air travel, operations and
maintenance which requires a comprehensive
knowledge of aviation Legislation &
Regulations, specific laws regarding flight, and
an in depth understanding of aviation.

Aviation is one of the most highly regulated


industry.
Malaysian Aviation related Acts
Malaysian Civil Aviation Regulation Act 2016
http://www.dca.gov.my/wp-
content/uploads/2015/02/Civil-Aviation-Regulations-
2016.pdf

Aviation Offences Act 1984 (Act307)


http://www.mot.gov.my/Sectoral/Documents/Aviation
/Aviations%20Offences%20Act%201984%20%28act%2
0307%29.pdf

REGISTRATION OF ENGINEERS ACT 1967


http://www.bem.org.my/v3/pdf/ACT2007.pdf
(Rest come under civil @ criminal law)
Functions & Roles
http://www.mavcom.my/wp-
content/uploads/2016/02/MAC-Act-2015-
English.pdf
Some Questions
The Airline Cancelled My Flight, Can I Sue for a Refund?
Is Drone Hunting Going to be Legal in the United States?
When Can Kids Fly Alone?
What Are My Legal Rights if My Flight Gets Cancelled or
Delayed?
Why Can't I Use My Phone on a Flight?
Coping After Aviation Accidents

Aviation Law and Legislation


https://www.youtube.com/watch?v=5cf8KhB4gKE
What is the purpose of Air Law
There are many reasons why we need law:
1. to regulate;
2. to protect;
3. to enforce rights and to solve conflicts.
4. to prevent or deter behaviour that negatively affects
the quality, therefore reducing the consequences of
breaking the law.

To regulate the procedures and processes


related to overall aviation activities such as
maintenance and operations for a safe and
secure aviation industry
Definition
Air Law is a body of rules governing
the use of airspace and its benefit for
aviation, the general public and the
nations of the world

Reference:
Introduction to Air Law
By I.A.Ph. Diedericks-Verschoor, 1997
sovereignty sv()rn(t)/
(noun)

supreme power or authority.


Synonyms (similar): jurisdiction, rule, supremacy, dominion,
power, ascendancy, suzerainty, hegemony, domination,
authority, control, influence
the authority of a state to govern itself or another state.
"national sovereignty
synonyms: autonomy, independence, self-government,
self-rule, home rule, self-determination, freedom
"the colony demanded full sovereignty"
a self-governing state.
Airspace of each country
FIR Flight Information Region
Cabotage

Cabotage /kbtd/

traditionally refers to shipping along coastal routes,


port to port.
Cabotage
Cabotage is defined as a non-remunerated
not-for-hire flight between two points within a
foreign country, carrying residents whose
travel begins and ends in that country.
Cabotage in the traditional sense; i.e., for hire,
is almost universally prohibited.
transport of goods or passengers between two
points in the same country by a vessel or an
aircraft registered in another country
Cabotage
Right to operate within the domestic borders
of another country.
Most countries do not permit aviation
cabotage, for reasons of economic
protectionism, national security or public
safety.
One notable exception is the European Union,
whose members all grant cabotage rights to
each other (Open Skies)
Freedom (Right) of Air
The freedoms of the air are a set of
commercial aviation rights granting a
country's airline the privilege to enter and
land in another country's airspace, formulated
as a result of disagreements over the extent of
aviation liberalization in the Convention on
International Civil Aviation of 1944, known as
the Chicago Convention.
Freedom (Right) of Air
First Freedom of the Air - the right or privilege, in respect of scheduled international air
services, granted by one State to another State or States to fly across its territory without
landing (also known as a First Freedom Right).

Second Freedom of the Air - the right or privilege, in respect of scheduled international air
services, granted by one State to another State or States to land in its territory for non-traffic
purposes (also known as a Second Freedom Right).

Third Freedom of The Air - the right or privilege, in respect of scheduled international air
services, granted by one State to another State to put down, in the territory of the first State,
traffic coming from the home State of the carrier (also known as a Third Freedom Right).

Fourth Freedom of The Air - the right or privilege, in respect of scheduled international air
services, granted by one State to another State to take on, in the territory of the first State,
traffic destined for the home State of the carrier (also known as a Fourth Freedom Right).

Fifth Freedom of The Air - the right or privilege, in respect of scheduled international air
services, granted by one State to another State to put down and to take on, in the territory of
the first State, traffic coming from or destined to a third State (also known as a Fifth Freedom
Right).

ICAO characterizes all "freedoms" beyond the Fifth as "so-called" because only the first five
"freedoms" have been officially recognized as such by international treaty.

Sixth Freedom of The Air - the right or privilege, in respect of scheduled international air
services, of transporting, via the home State of the carrier, traffic moving between two other
States (also known as a Sixth Freedom Right). The so-called Sixth Freedom of the Air, unlike
the first five freedoms, is not incorporated as such into any widely recognized air service
agreements such as the "Five Freedoms Agreement".

Seventh Freedom of The Air - the right or privilege, in respect of scheduled international air
services, granted by one State to another State, of transporting traffic between the territory
of the granting State and any third State with no requirement to include on such operation
any point in the territory of the recipient State, i.e the service need not connect to or be an
extension of any service to/from the home State of the carrier.

Eighth Freedom of The Air - the right or privilege, in respect of scheduled international air
services, of transporting cabotage traffic between two points in the territory of the granting
State on a service which originates or terminates in the home country of the foreign carrier
or (in connection with the so-called Seventh Freedom of the Air) outside the territory of the
granting State (also known as a Eighth Freedom Right or "consecutive cabotage").

Ninth Freedom of The Air - the right or privilege of transporting cabotage traffic of the
granting State on a service performed entirely within the territory of the granting State (also
known as a Ninth Freedom Right or "stand alone" cabotage).

Source: Manual on the Regulation of International Air Transport (Doc 9626, Part 4)
9 Freedoms (Right) of Air
Simple Explanation
1. To fly across the territory of either state without landing.
2. To land in either state for non-traffic purposes, e.g., refuelling without boarding or
disembarking passengers.
3. To land in the territory of the first state and disembark passengers coming from the home state
of the airline.
4. To land in the territory of the first state and board passengers travelling to the home state of
the airline.
5. To land in the territory of the first state and board passengers travelling on to a third state
where the passengers disembark, e.g., a scheduled flight from the United States to France could
pick up traffic in the UK and take all to France (sometimes termed beyond rights).
6. To transport passengers moving between two other states via the home state of the airline,
e.g. a scheduled flight on an American airline from the United Kingdom lands in the U.S. and then
goes on to Canada on the same aircraft.
7. To transport passengers between the territory of the granting State and any third State
without going through the home state of the airline, e.g. a scheduled flight on an American airline
from the UK to Canada that does not connect to or extend any service to/from the U.S..
8. To transport cabotage traffic between two points in the territory of the granting State on a
service which originates or terminates in the home state of the foreign carrier or (in connection
with the so-called Seventh Freedom) outside the territory of the granting State (also known as
consecutive cabotage), e.g. an American airline flies from the U.S., lands passengers in London
and then boards passengers to fly to Manchester.
9. To transport cabotage traffic of the granting State on a service performed entirely within the
territory of the granting State (also known as stand alone cabotage), e.g. a British airline operates
a service between Perth and Sydney in Australia).
Open Skies
Open skies is an international policy concept that calls for the
liberalization of the rules and regulations of the international
aviation industryespecially commercial aviationin order to
create a free-market environment for the airline industry. Its
primary objectives are:
to liberalize the rules for international aviation markets and
minimize government intervention as it applies to passenger,
all-cargo, and combination air transportation as well as
scheduled and charter services; and
to adjust the regime under which military and other state-
based flights may be permitted.
For open skies to become effective, a bilateral (and
sometimes multilateral) Air Transport Agreement must be
concluded between two or more nations.
A bilateral air transport agreement is a contract to liberalize
aviation services, usually commercial civil aviation,
between two contracting states. A bilateral air services
agreement allows the airlines of both states to launch
commercial flights that covers the transport of passengers
and cargoes of both countries. A bilateral agreement may
sometimes include the transport of military personnel of
the contracting states.
In a bilateral agreement, the contracting states may allow
the airlines of the contracting parties to bring passengers
and cargoes to a third country or pick up passengers and
cargoes from the host country to the home country of the
airline or to a third country in which the contracting states
has existing open skies agreement.

A multilateral air services agreement is the same as


bilateral agreement, the only difference being that it
involves more than two contracting states.
Business Model
Liberalisation and globalisation of air transport has
resulted in recent years in a rapid expansion in the
number of airline leading to

Alliances
Code Sharing
Merger
Acquisition

Requires separate law (legal binding) for a successful


completion of the models
Warsaw Convention

Unification of rules relating to International Carriage by


Air dating from to 1929 which established and elaborated
the principle of the air carriers liability for damaged
caused to passengers. Baggage and goods, and also for
damage caused by delay

The rules of the Warsaw Convention are being applied to


all over the world and have demonstrated their reliability,
uniformity and usefulness.

Amendments by
Hague Protocol 1955, Montreal Agreement 1966 & 1975,
Guatemala Protocol 1971
Other Conventions

Chicago Convention
Montreal Convention
Warsaw Convention
(Hague Protocol)
Tokyo Convention
http://www.skybrary.aero/index.php/Unruly_
Passengers
Rights of the commander
http://www.citizensinformation.ie/en/travel_a
nd_recreation/air_travel/airline_liability.html
Legal Documents
Certificate of Airworthiness
Air Operators Certificate
Flight Crew Licenses
Loadsheet
Certificate of Registration
Radio License
Maintenance Logbook
Manuals (Operations, Maintenance-Repair)
Charges $$
Airport Charges (Passenger)
Fuel Surcharge
War Surcharge
Landing (Runway)
Parking (Taxiway, tarmac)
Security
Services (Water, Cleaning)
Catering
Maintenance (including External power charges)
Follow me car
ATC Service (Overfly)
Nationality & Registration Mark
MAS B777-200 (9V-MRO)
MAS Wings C-GFVT
Article 20 of the Chicago Convention on International Civil requires all
signatory countries register aircraft over a certain weight with a national
aviation authority. Upon registration, the aircraft receives its unique
"registration", which must be displayed prominently on the aircraft.

unique alphanumeric string that identifies a civil aircraft, in similar fashion


to a licence plate on an automobile.

typically display their registration numbers on the aft fuselage just forward
of the tail the registration is often referred to as the "tail number (Fin-
number).

each aircraft registration is unique, some countries allow it to be re-used


when the aircraft has been sold, destroyed or retired.

an individual aircraft may be assigned different registrations during its


existence (ownership change, jurisdiction of registration, or in some cases
for vanity reasons-pride).

Private aircraft usually use their registration as their radio callsign


Call sign
In broadcasting and radio communications, a call
sign (also known as a call name or call lettersand
historically as a call signalor abbreviated as a call) is
a unique designation for a transmitting station

call signs as unique identifier

A call sign can be formally assigned by a government


agency, informally adopted by individuals or
organizations, or even cryptographically (secret)
encoded to disguise a station's identity.
Air Force 1, Air Force 2
Personal Call sign (Air Force, Military, Navy)
Police 1, 2
Malaysian, Air Canada, Speed Bird, Asian Express,
Red Cap, Xenadu, Malindo, Spring bok,
Amateur Radio (Ham Radio)
http://www.marts.org.my/
http://www.mares.org.my/
Rules of the air

https://www.youtube.com/watch?v=kM14zbBR9wc
Visual Flight Rules (VFR)
Aircraft control (ATC)
Fixed Wing Intercept Procedure

https://www.caa.co.uk/docs/33/20130121SSL11.pdf
Helicopter Intercept Procedure

https://www.faasafety.gov/files/notices/2010/Oct/Intercept_Procedures.pdf
Airport (Runway) Signs and Markings
Approach & Runway Lighting
Taxiway lightings
Runway/Taxiway Signage
Aerodrome Signal & Markings
Aerodrome Signal & Markings
Emergency Distress Frequencies
(Locator Beacons/Transmitters)
121.5 Mhz
243 Mhz
406 Mhz
Ground to Air Signal
Light aimed towards aircraft
(Signaling) due communication failure
Used during two way radio communication failure
Airport Identification (Beacon) Lights
An aerodrome beacon or rotating beacon is a beacon
installed at an airport or aerodrome to indicate its
location to aircraft pilots at night.
Airport and heliport beacons are designed in such a
way to make them most effective from one to ten
degrees above the horizon
An omnidirectional flashing xenon strobe, or
aerobeacon rotating at a constant speed which
produces the visual effect of flashes at regular
intervals.
Federal Aviation Administration (FAA)
Airport Beacon Standards
Flashing rates
24 to 30 per minute for beacons marking airports, landmarks, and points on Federal
airways
30 to 45 per minute for beacons marking heliports

Color combinations
1. White and Green Lighted land airport
2. Green alone* Lighted land airport
3. White and Yellow Lighted water airport
4. Yellow alone* Lighted water airport
5. Green, Yellow, and White Lighted heliport
6. White, White, Green* Military Airport
7. White, Green, Red Hospital and/or Emergency Services Heliport

*Green alone or yellow alone is used only in connection with a white-and-green or


white-and-yellow beacon display, respectively.
Military airport beacons flash alternately white and green, but are differentiated from
civil beacons by two quick white flashes between the green flashes.

In Canada, the regulations are different. Lighted aerodromes are equipped with white
single flash beacons operating at a frequency of 20 to 30 flashes per minute. Heliports
with beacons exhibit the morse letter H (4 short flashes) at a rate of 3 to 4 groups per
minute
Aerial view
(Airport Signs, Markings And Procedures)

https://www.youtube.com/watch?v=Ql6F9RFbjMA
Aircraft Lighting
Aircraft Maintenance Regulations
Aircraft maintenance checks are periodic mandatory
inspections that must to be carried out according to
the maintenance schedules on all commercial/civil
aircraft after a certain amount of time or usage;
Airlines and other commercial or private aircraft
operators must follow a continuous inspection program
approved by local airworthiness authorities to maintain
the airworthiness of their aircraft.
Military aircraft follow specific maintenance
programmes by the aircraft manufacturer which may
or may not be similar to those of commercial/civil
operators.
Types of Aircraft Checks

Check A
Check B
Check C
Check D
Check A
Performed approximately every 250 flight
hours or 200300 cycles. It needs about 2050
man-hours. Usually performed overnight at an
airport gate. The actual occurrence of this
check varies by aircraft type, the cycle count
(takeoff and landing is considered an aircraft
"cycle"), or the number of hours flown since
the last check. The occurrence can be delayed
by the airline if certain predetermined
conditions are met.
Check B
Performed approximately every 6 months. It
needs about 120-150 man-hours, depending on
the aircraft, and is usually completed within 13
days at an airport hangar. A similar occurrence
schedule applies to the B check as to the A
check. However, B checks may also be
incorporated into successive A checks, i.e.:
Checks A-1 through A-10 complete all the B
check items.
Check C
Performed approximately every 2024 months or a specific
amount of actual flight hours (FH) or as defined by the
manufacturer. This maintenance check is much more
extensive than a B check, requiring a large majority of the
aircraft's components to be inspected. This check puts the
aircraft out of service and until it is completed, the aircraft
must not leave the maintenance site. It also requires more
space than A and B checks. It is, therefore, usually carried out
in a hangar at a maintenance base. The time needed to
complete such a check is generally 12 weeks (depending on
the aircraft type) and the effort involved can require up to
6,000 man-hours. The schedule of occurrence has many
factors and components as has been described, and thus
varies by aircraft category and type.
Check D
This is by far the most comprehensive and demanding check for an aicraft. It is also known as a
"heavy maintenance visit" (HMV). This check occurs approximately every 6 years. It is a check that,
more or less, takes the entire airplane apart for inspection and overhaul (strip). If required, the
paint may need to be completely removed for further inspection on the fuselage metal skin. Such a
check can usually demand up to 50,000 man-hours and it can generally take up to 2 months to
complete, depending on the aircraft and the number of technicians involved. It also requires the
most space of all maintenance checks, and as such must be performed at a suitable maintenance
base. Given the elevated requirements of this check and the tremendous effort involved in it, it is
also by far the most expensive maintenance check of all, with total costs for a single visit ending up
well within the million-dollar range.

Because of the nature and the cost of such a check, most airlines especially those with a large
fleet have to plan D checks for their aircraft years in advance. Often, older aircraft being phased
out of a particular airline's fleet are either stored or scrapped upon reaching their next D check,
due to the high costs involved in comparison to the aircraft's value. On average, a commercial
aircraft undergoes 23 D checks before being retired. Some maintenance, repair and overhaul
(MRO) shops claim that it is virtually impossible to perform a D check profitably at a shop located
within their facility. As such, only a few of these shops offer D checks.]

Given the time requirements of this check, many airlines also use the opportunity in order to make
major cabin modifications on the aircraft, which would otherwise require an amount of time that
would have to put the aircraft out of service without the need for an inspection. This may include
new seats, entertainment systems, carpeting, etc.
Maintenance document
Malaysian Airworthiness Regulations (MAR)
Aircraft Maintenance Manual (AMM)
Service bulletins (SB)
Airworthiness/Safety Directives (AD)
Minimum Equipment List (MEL)
Job/Task Cards
Improper/miss to follow SOP can lead to
accidents

Violation

Maintaining job records for investigation


(signatures of person performing the job)
LAE Responsibilities
Maintenance personnel have the
responsibility of compliance at the time they
are performing inspections to determine all
airworthiness requirements are met
Career in Aviation Law
https://www.youtube.com/watch?v=JUVXHcW5dUU

https://www.youtube.com/watch?v=Ohao3VditPA&list
=PLE5116BB7B6A3F117
(6 Videos)

Bachelor of Laws (Honours) and Bachelor of Aerospace


Engineering (Honours) Monash University
http://monash.edu/study/coursefinder/course/L3008/
Compare DCA (website) with
CAAS Civil Aviation Authority of Singapore
http://www.caas.gov.sg/caas/en/index.html
FAA Federal Aviation Administration
http://www.faa.gov/
UK CAA UK Civil Aviation Authority
http://www.caa.co.uk/
TC Transport Canada
https://www.tc.gc.ca/eng/civilaviation/menu.htm
Assignments
Go (read) through the Act. Make a copy
Malaysian Civil Aviation Act 1969
http://www.agc.gov.my/Akta/Vol.%201/Act%203.
pdf
Aviation Offences Act 1984 (Act307)
http://www.mot.gov.my/Sectoral/Documents/Avi
ation/Aviations%20Offences%20Act%201984%20
%28act%20307%29.pdf
Part of test/final exam
The Seven P's

Proper, Prior, Planning,


Prevents, Piss, Poor,
Performance
Test 2
1. Aviation English
2. Time Management
3. Air Law
4. Aviation System
5. Airport System
6. Aviation Weather
7. Aviation & Environmental Issues
Finals SKMA 3812
1. Aviation Engineering Management
2. Aviation Safety & Security
3. Culture in Aviation
4. Aviation Human Factors
5. Air Traffic System
6. Air Accident Investigation

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