Aviation Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Aviation Law.
March 18, 2016 By Hammond, Minciu and Associates
The European Court of Justice is having a larger influence on people’s lives than is popularly realised. As is often the case the Court has made a decision which will have an impact on consumers in Europe and perhaps world-wide and was not picked up by the majority of the consumer press, rather only by lawyers who specialise in the field of aviation law.
Drones, which are also known as Remotely Piloted Aircraft Systems or Unmanned Aircrafts have recently gained popularity across Europe and internationally.
Summer travel is one of our country's favorite activities. With nearly 60% of Americans planning to travel more than 100 miles from home, it's no surprise that once in a while, we'll get a call. Accidents happen. Even on vacation.
After the recent slate of canceled flights resulting from unprecedented snowfall across the northern part of the United States, many passengers have found themselves stranded. This makes many passengers miss important events, lose deposits, or suffer other losses. As a result, many of these stranded passengers find themselves asking “if the airline cancels my flight, can I sue them?”
Law No 5201, Defence Industrial Security Law, dated 29.06.2004 is the principle document regulates the Turkish defence industry and set forth the legal framework of all classified military agreement, information, documentation, project, purchase, sell, manufacturing, research and development, storage of material or services, facilities to conduct those activities related to defence industry excluding the staff of and the facilities belong to Turkish Armed Forces.
The arms industry with over 600 modernization projects is booming in Turkey. The government policies in manufacturing and new offset regulations towards to domestic procurement ensure continuous transformation and development. The 2023 vision of the government is to be ranked in first ten countries in defense industry and to manufacture all ground vehicles, marine vessels and unmanned aerial vehicles domestically.
After reports of domestic spying surfaced, and the possibility that drone aircraft might be used to carry out surveillance of Americans, many reacted violently. This led to what was initially considered an absurd suggestion that “drone hunting” should be legalized. However, several jurisdictions have actually made movement in the direction of issuing permits to shoot surveillance aircraft out of the sky.
It is not uncommon, particularly around the holidays, for children to visit family members in other states. Sometimes this means taking a flight. But, for many families, it is just not financially feasible for a parent to accompany the child on the flight. So, what are the laws and rules regarding when children can fly alone?
Anyone who has done much travel has had to contend with delayed flights or cancellations. Though often unavoidable due to weather or conditions beyond the airline's control, the ones who usually suffer the most are the stranded passengers. So what are your rights if a flight is canceled or delayed?
As part of exploration operations of multinational companies, wet lease agreements are gaining more importance especially in oil and gas industry and foreign carriers who takes part in such operations are still not clear about either their employees require work permit or not, in cases where they entered into a subcontractor and wet lease agreement with Turkish air carriers for air transport works to be conducted under exploration operations.
After the European Aviation Safety Agency (“EASA”) has announced that it allows electronic devices to remain “On” and “Connected” throughout the flights on 26 September 2014, the Directorate General of Civil Aviation of Turkey (“DGCA”) was expected by Turkish airline companies to issue a guidance on this issue.
For years, frequent commuters have complained about the inability to use their electronic devices on planes. Several years ago, the restrictions relaxed somewhat, allowing the use of approved electronic devices while at cruising altitude, and a recent rule change will allow the use of electronic devices, even during takeoff and landing, in the near future. But, why were these things banned in the first place? Why can one still not make a phone call from their cell phone during a flight?
Directorate General of Civil Aviation the regulatory body of civil aviation in Turkey, has promulgated a new Directive on aircraft nationality and registration marks on 12 September 2014 aiming to meet the requirements of Annex-7 of ICAO that will be applied to all existing registered or future registered aircrafts on DGCA registry.
A nation has six major elements of its nation-oriented power that are based on politics, economy, psycho-social issues, military capability, manpower and the geostrategic location. These bring more flexibility in countries’ regional strategy and add value for superiority in its region.
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.
Global civil aviation industry is expected to register a 5% passenger growth for the next two decades. The growth in the industry is mainly generated by the growing number of passengers in Asia and the Middle East.
The American aerospace and defense industries have recently found themselves in an odd situation of simultaneous growth and decline. To be more precise the non defense related component of the industry; the civilian aviation industries are bent on a course of growth, however the other component of the industry; the defense related aerospace industry is in decline.
International Traffic in Arms Regulations (ITAR) is one of the key components of the United States‘ export regime regulating the defense related items and the items that have dual use features.
In conjunction with the rapid economic growth of the country, Turkish aviation industry has been registering a remarkable growth during the recent years. Utilizing from the geographical position of the country, which is strategically located in the close vicinity of Middle East and Africa as well as acting as a bridge between Europe and Asia, the Turkish aviation industry has taken off to be one of the leading in Europe.
By Ince & Co
Taking a tenancy of airport real estate may at first appear little different to leasing any other type of commercial property. This article highlights some of the traps that may occur.
An insight for the unfortunate whose relatives were traveling on MH370.
Despite a slowdown in 2013 with 13% decline by sukuk volume, it is most likely to witness a distinct expand in next year since it will lie beyond Gulf region.
Through Law No 10/014 of December 31, 2010 in respect of civil aviation, the Democratic Republic of Congo (“DRC”) has reformed and modernized the legal and institutional framework of air transport.
Legal Notice 16 of 2014, has brought into effect amendments to the Highly Qualified Persons Rules, applicable retrospectively from year of assessment 2013.
Turkish Civil Aviation is developing each passing day with extending capacity of passenger carried, increasing amount of airlines and of course third airport project in Istanbul.
Under the terms of Turkish Civil Aviation Law, the types of airport ground handling services in Turkey are grouped as follows.
In 2009, Directorate General of Civil Aviation launched a project that systematically decreases the existing or future damages of airport establishments on the environment and human health and to eliminate if possible.
Commercial air transportation operators are now subject to independent audit system in order to control operations which should comply with flight, passenger and cargo safety regulations.
In today’s economy, each passing day it gets more difficult for airlines to compete and survive only with their own resources and capabilities. New developments on information technologies, communication sector and cross-border economic activities force companies to compete each other in every level of their business field.
Code sharing on international markets has become a significant opportunity for airlines which has grown rapidly in recent years across the airline industry.
The secondary legislation in Turkish aviation industry, Regulation on Commercial Air Transportation (SHY-6A) has been changed recently and published on the Official Gazette dated 16 November 2013
Turkey as a member of NATO and due to its geographic location has been allocated the highest funds from the budget to defense industry for many years. Today the total turnover of defense and aerospace industry is around USD 4,5 - 5,0 billion.
Seaplanes are emerged as an alternative solution, by combining seaway and airway, for inland and overseas transportation with a variety of commercial roles and usages in order to expand the limits of transportation. Seaplane gives the opportunity to operate in various conditions such as on snow, water or ground
Pursuant to the legislation regarding to operate a commercial airline, as a preliminary condition to transport passengers or cargo or passengers and cargo against compensation for commercial purposes or to engage in other commercial activities, individuals and legal persons must obtain the authorization from Ministry of Transport, Maritime Affairs and Communication ("MTMC").
The aviation industry has grown up in Turkey after 2002 with the liberalization policies in the market. This potential has attracted the foreign investment to this fast-growing industry even the rules and regulations allows to the certain limits.
Nomad Aviation (Europe) Ltd., a subsidiary of Nomad Aviation AG in Switzerland has received its Air Operator Certificate (AOC) from Transport Malta’s Civil Aviation Directorate. CSB Advocates is proud to have assisted the Nomad team with this process.
This article investigates the application of the American legal system in aviation accidents by comparing and contrasting the American (US) jurisprudence with the European administration of justice in aviation accidents. In particular the article discusses the importance of fostering a "just culture".
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.
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.
By Zorlu Law
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?...
Israel - Can a Land Delivery Company be Considered an Air Forwarder for the Sake of International Treaties?
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.
Since aircrafts are high priced, airlines usually prefer different financing methods than payment for their fleet in cash. Apart from payment in cash, there are different means of aircraft finance.
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.
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.
The Registration and Enforcement of Mortgages and Other Security Interests over Malta-registered Aircraft
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.
By Boltz Law
100% of all air cargo on passengers flights will be screened beginning August 3, 2010 TSA’s certified cargo screening program to the rescue.
The Turkish aviation industry and the civil aviation sector have made remarkable progress over the last decade in terms of fleet size, passenger number and profitability. As a consequence of new players’ intention to enter this attractive market and the existing players’ thirst for growth, aircraft finance has been in high demand these last years. Below you may find the essentials of the Turkish aircraft finance practice from a legal standpoint.
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.