Aviation Law Articles

A wet lease is a leasing arrangement whereby the lessor (one airline or aircraft operator) provides an aircraft, complete crew/only cockpit crew, maintenance, and insurance (hull and third party liability) to the lessee (another airline or aircraft operator), which pays by hours operated. The term ACMI is an acronym signifying the four main elements of a wet lease which are; Aircraft, Crew, Maintenance and Insurance.

In virtue of technology development and progress in international economic and also political relations, the air transportation has become a preferable transportation type in the world.

Traveling by air is still one of the safest forms of transportation. Although airplane crashes are extremely rare, they do still happen ocasionally. When a major airline disaster occurs, the federal government provides support services to the families of victims and to survivors.

Legal Notice 152 of 2013, has brought into effect amendments to the Highly Qualified Persons Rules, applicable retrospectively from the 1st of January 2013.

In January 2013, a pilot was arrested after failing a breathalyzer test in the cockpit. The pilot was about to take off with more than 50 passengers aboard the plane.

Principally, the Turkish civil aviation legislation is prepared by two authorities in Turkey: Directorate General of Civil (“DGCA”) and the General Directorate of State Airports Authority (“GDSAA”). DGCA regulates and ensures the development of the civil aviation activities therefore GDSAA performs the management of Turkish airports and controls the Turkish airspace as a state owned enterprise since 1984.

Malta’s position within the financial services, gaming and aviation sectors, is further bolstered by the newly introduced 15% flat tax rate on; income derived from employment in Malta, by persons not domiciled in Malta and working in either of the ‘eligible offices’ as defined by the HQP Rules. With a minimum annual tax payable of € 11,250, equating to a 15% tax rate being applied to an income of € 75,000, tax planning has become a lot simpler.

The VAT Department in Malta has issued guidelines relating to aircraft leasing. The guidelines which are based on the current yacht leasing measures, seek to mitigate the VAT impact on the purchase of an aircraft and its engines.

Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish Code of Obligations. 1 – General - The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna on 11th April 1980 by the United Nations and entered into force on 1st January 1988.

The article examines the law of damages in Pakistan in respect of aviation claims. This paper examines the following questions in order to assist those who seek compensation as a result of Fatal Accidents. (1) When does the limitation period expire under the Pakistani laws? (2) Is there a cap on compensation being paid by the airline as a consequence of an aviation disaster case?...

The Warsaw treaty - The laws dealing with international air transports (the Warsaw Treaty, the Montreal Treaty, the Air Transport Treaty) pose a fundamental obstacle to the possibility of suing an airline company for damage to cargo. Among other things, these laws set a restriction on the amount of compensation that can be demanded as well as a relatively short statute of limitations- two years from the plane's arrival at its destination (or the date it was supposed to arrive).

Nicholas Valenzia (Mamo TCV Advocates examines the judgment in Air Malta plc and Shield Insurance Company (Guernsey) Limited v. Malta International Airport plc (by Justice Raymond C. Pace presiding the First Hall of the Civil Court ) : The author was involved in this litigation as a member of the plaintiffs’ external counsel team.

Turkey has recently ratified the Convention on International Interests in Mobile Equipment (the "Convention") and the Protocol to the Convention on Matters Specific to Aircraft Equipment (the "Protocol" and, together with the Convention, the "Cape Town Convention"). By ratifying such Convention, Turkey has become a country which is very fit for aircraft finance in all respects.

In that aviation has helped advance the globalization of our world, it is important to review our beginnings and look forward to where we see ourselves in the future. This article will concentrate on the origins, functions and licensing of modern air transportation systems throughout our world; in particular, where we started and the direction we are headed.

According to the U.S. Government Accountability Office (GAO), certain errors by air traffic controllers rose by 81 percent between 2007 and 2010. These errors, which result in planes flying too closely to one another or too closely to an object, have the potential to result in injury or death. For instance, in January of 2010, an error made by an air traffic controller resulted in a plane crash in Hawaii that killed a pilot and passenger.

Over the years, flying has become an increasingly safe mode of travel, with the annual number of fatalities suffered in accidents steadily declining. However, midair collisions, especially involving smaller aircraft, still pose a significant safety threat, with an average of 30 crashes resulting in a total of 75 deaths recorded each year since 1978. An accident that recently occurred in California illustrates the problem, explains a lawyer in the state.

Aviation News

When animals go wild, accidents may always happen. One thing is certain: the skies are not only for airplanes but also for birds. In the United States, many airline companies are in risk of getting involved in unexpected airplane accidents due to bird strikes.

Following its success in the maritime sector, Malta has undertaken an ambition to replicate that success in the area of aircraft registration. Complex aircraft finance transactions often share many characteristics with ship finance in the sense that both involve assets of great value which may be utilized to grant significant security to financiers and both industries are intrinsically international in nature. Moreover aircraft and ships require registration.

Spurred by the prosperity and solid reputation of Valletta's maritime register over the past 20 years and the increasing number of US-based owners looking towards Europe for their aircraft registration requirements, the Maltese Government is currently in the course of implementing a comprehensive legal and regulatory framework for the registration of aircraft- primarily business and private jets- on the Maltese aircraft register.

Although rare in occurrence, in-flight injuries do occur inside an aircraft. These injuries may be caused by turbulence, negligent flight attendants, carts, falling baggage, or other passengers. Actual injuries may prove to be disconcerting once it occurs due to the rarity of the event. But once it has been established, the right to sue is definitely no longer a question.

From time to time, disputes rise between sides who do not regulate their relations in a written contract. Situations like these reach the courts for settlement, and for the court’s ruling on a complex question regarding the very core of the relations formed between the parties.

As we know, the laws of aerial shipping grant various benefits to an air carrier, including limited liability and shortened limitation period.

The National Transportation Safety Board (NTSB) recently issued a safety recommendation to the European Aviation Safety Agency (EASA) regarding the November 2001 crash of an American Airlines Airbus near JFK.

The Federal Aviation Administration (FAA) has proposed new rules to increase safety for medevac helicopter pilots, first responders and the patients they set out to help.

Not all passengers are treated equally under the law. International travelers may face greater restrictions when pursuing legal claims than their counterparts who are only traveling domestically.

A total of 56 percent of aviation accidents in the last 60 years were caused by human error, with 50 percent caused by pilot error and 6 percent caused by other human error.

In February of 2009, a commuter plane crashed near the Buffalo Niagara International Airport. Forty-nine passengers and crew were killed as well as one person on the ground. Initially, ice buildup was suspected in the crash, but a report by The New York Times indicates that the National Traffic Safety Board's (NTSB) analysis shows ice was not a prominent factor in the crash. Instead, it appears pilot error is to blame.

The deplorable state of infrastructure at both the international and domestic airports in Nigeria has given rise to a call by all and sundry for an immediate radical revamp of the aviation industry.

The Cape Town Convention is an international agreement that strives to provide a much clearer structure for international aviation finance. The Cape Town Convention augments the Chicago convention which was the primary source of regulation to governing the registration of airframes, aircraft, and helicopters. The Chicago convention only provided a very loose framework of international law regarding the nationality of aircraft.

This August, President Obama signed the Airline Safety and Federal Aviation Administration Extension Act of 2010 (P.L. 111-216) into law. The Act is the first piece of major federal legislation aimed at strengthening airline safety standards passed in the last 20 years.

After the eruption of an Icelandic volcano earlier this year, it became clear that in order to be able to respond in a fluid and coordinated way to another incident; Europe must push ahead with the single sky project that was originally set to be completed by 2020 and have standards in place by 2012.

In 2007 there were 178 helicopter accidents in the United States.

The airline industry considers the airplane maintenance outsourcing to be one of the most effective ways to cut costs, but many are concerned about the safety of offshore maintenance facilities.

100% of all air cargo on passengers flights will be screened beginning August 3, 2010 TSA’s certified cargo screening program to the rescue.

This article mainly discusses the legal framework on aircraft finance in Turkey.

The business class section in airplanes is often associated with affluence and prestige, with the most comfortable accommodation and offers the highest level of service. However, there are controversial studies showing that this section may not be the best seat for people, aside from its steep price.

Catastrophic events often propel significant changes in regulation; this is precisely what has happened in response to the tragic airplane crash near Buffalo, New York, earlier this year.

The law regulating civil aviation in Cameroon is law n°98/023 of 24 December 1998 on the regime of civil aviation.

Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") was opened to signature in Montreal by the states participating in the “International Conference on Air Law” held in Montreal during May 10th to 28th 1999 for the purpose of harmonizing of the Warsaw Convention to today’s conditions.

Although aviation accidents do not occur on a daily basis, the effects and heartache can potentially last for years following these tragedies. As one of the states in the U.S. with the most public airports and private jet ways, Californians have seen their fair share of aviation accidents that have resulted in large scale catastrophes, serious injuries, and untimely deaths.