important aviation legislation

The Air Accidents Investigations Branch (“AAIB”) is responsible for the investigation of civil aircraft accidents and serious incidents in the UK. Equally in, the EU, the European Aviation Safety Agency, EASA, which is the centrepiece of the European Union’s strategy for aviation safety has its mission, which states that â to promote the highest common standards of safety and environmental protection in civil aviation.â They mainly draft legislation that centres on aviation … At a “macro” European level, in May 2018 the European Commission (the “EC”) dismissed a complaint, brought against Lufthansa’s 2015 introduction of a €16 surcharge on seats booked through the global distribution suppliers, such as Travelport, Travelsky, Sabre and Amadeus, which alleged breach of Council Regulation (EC) 2299/89 on a code of conduct for computerised reservation systems (the “Code”). Important insight on today’s compliance challenges. 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 Irish Aviation Authority Act, 1993, as amended, provides for the establishment of the Irish Aviation Authority, to provide certain services in relation to civil aviation, to define its functions and to provide for the conferral on it of certain functions of the Minister for Transport under the Air … The Secretary of State has statutory powers relating to aviation security (see, for example, the Aviation and Maritime Security Act 1990). In addition, on 27 October 2016 the Commission closed an investigation it had opened in February 11 on free-flow parallel hub-to-hub codeshare arrangements between Lufthansa and Turkish Airlines, finding that Lufthansa and Turkish Airlines did not have full marketing rights to each other’s seat inventory; that they applied differing pricing strategies; and that the codeshare accounted for only a marginal share of the parties’ sales on the relevant routes. Legislation is important for several reasons, including setting standards and controls to govern the actions of people and groups in the public and private spheres. Subject to the above, pursuit of a claim in the High Court is appropriate where: A case may be started in the Commercial Court only if it fulfils the characteristics of a “commercial claim”; namely any claim arising out of the transaction of trade and commerce, including any claim relating to a business document or contract, the export or import of goods or the carriage of goods by land, sea, air or pipeline. 1.9        What legislative and/or regulatory regime applies to air accidents? The GDPR came into force in each Member State on 25 May 2018. Similarly, the principle for international transfers of personal data previously contained in the DPA 1998 is now dealt with separately in Chapter V of the GDPR. public service compensation for air links to islands on which average annual traffic during the two financial years preceding that in which the SGEI was assigned does not exceed 300,000 passengers, will be considered compatible with the common market and not requiring notification; and. The CTC entered into force in the United Kingdom and thereby became effective as United Kingdom national law on 1 November 2015 following its ratification on 27 July 2015, as implemented by the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 and several declarations. 3.5        What types of remedy are available from the courts or arbitral tribunals in your jurisdiction, both on i) an interim basis, and ii) a final basis? However, the business aspects of airlines and their regulation also fall under aviation … The ICO utilised this power to full effect in July 2019 when it announced a record £183 million fine over a personal data breach by British Airways that involved the theft of around 500,000 passengers’ data (see also question 5.1 below). 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? Amendment: Measures to address, prevent and combat the spread of Covid-19 in the Air Services for Alert Level 1 - 30 November … 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. There are two types of operating licence: Type A; and Type B. If so, what obligations, broadly speaking, are imposed on the airport authorities? Information on specific regulatory … In the aviation sector, laws, standards, rules and regulations constitute the legal foundation for the mission of facilitating safety and protecting … Now that the nature and the timing of the exit from the United Kingdom from the EU is becoming clearer, it will be necessary to focus more closely on long-term planning and reliance on relevant taxation rules and Regulations as they become potentially subject to more regular change and variation. The definition of “qualifying aircraft” was narrowed in January 2011 to bring the United Kingdom more in line with the rest of Europe. 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. This evaluation considers a demand-side perspective, whereby customers consider all possible alternatives of travelling from a city of origin to a city of destination, i.e. Type B operating licences are for operators of aircraft with 19 or fewer seats; Type A operating licences are for operators of aircraft with 20 or more seats. 2.8        Does your jurisdiction make use of any taxation benefits which enhance aircraft trading and leasing (either in-bound or out-bound leasing), for example access to an extensive network of Double Tax Treaties or similar, or favourable tax treatment on the disposal of aircraft? 2.7        How are the Conventions applied in your jurisdiction? As a practical matter, the principles of the Chicago Convention are implemented at the national level in the United Kingdom by the CAA. An aircraft mortgage registered on the United Kingdom Aircraft Mortgage Register will take priority over all other non-registered or subsequently registered mortgages. Operation of Air Services in the Community Regulations 2009 – Statutory Instrument No 41 2009. 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). 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. There is no automatic stay of execution of a judgment or order while appeal is pursued. In the SAS/Maersk Air case, in which the parties notified a codeshare agreement to the EC for clearance, with an underlying cartel agreement in the form of a broad market-sharing agreement between the parties, the EC concluded that this agreement was a serious infringement of competition and fined the parties a total of €52.5 million, which was confirmed by the EU Court of First Instance (see COMP/37.444 – SAS/Maersk Air and COMP/37.386 – SUN Air/SAS and Maersk Air, 18 July 2001 (2001/716 EG) confirmed by CFI decision T-241/01, 18 July 2005). At EU level, yes. Where an individual has suffered material or non-material damage due to a data controller’s breach of the GDPR, that individual is entitled to claim compensation from the data controller or processor. 1.10      Have there been any recent cases of note or other notable developments in your jurisdiction involving air operators and/or airports? This is a chronological, but still incomplete, list of United States federal legislation. 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? 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. Practice Areas > Search fees are currently £31 per aircraft and are revised on an annual basis. The majority of cases arising out of the finance or lease of aircraft will be heard by the Commercial Court. They are currently as follows (and are subject to revision annually): For aircraft mortgages which attach to a number of aircraft, the CAA registration fee is levied on the heaviest aircraft by MTOW, plus £184 for each additional aircraft attached. Liens are not registrable. This will depend entirely on the CTC and its requirements in the case of an aircraft, debtor location or aircraft registration in a “CTC country” (and compliance with the formalities set out in Article 7 of the CTC), and an aircraft mortgagee may be able to rely on the rights and remedies available under the CTC for such international interest in the relevant aircraft. Travelport, Amadeus, Sabre, etc. The Directive was approved by Parliament as a whole on 14 April 2016 and by the Council of the EU on 21 April 2016. Data subjects, such as individual passengers, now have further rights under the GDPR, including the right to: (a)   access a copy of the information comprising their personal data; (b)   object to processing that is likely to cause them damage or distress; (c)   prevent processing for direct marketing; (d)   object to decisions being taken by automated means; (e)   have inaccurate personal data rectified, blocked, released or destroyed; (f)    have personal data deleted where continued processing is unnecessary (the “right to be forgotten”); (g)   request that certain data, which is processed by automated means, is transferred to a different controller; and. Under the Civil Aviation Act 1982, the person managing or owning an aerodrome may detain an aircraft where its operator has not paid the applicable airport charges in respect of that aircraft, or of any other aircraft, which that operator operates. Legislation … Mergers (including, acquisitions and full-function joint ventures) are not subject to a system of mandatory notification in the UK. Should such funding have been regarded as being granted in circumstances which correspond to “normal” market conditions, then it is not regarded as state aid. Irish Aviation Authority Act. There are numerous other obligations imposed upon an airport operator by law of application not limited to aviation; for example, concerning employment, health and safety and disability discrimination. HAI Welcomes US Legislation Providing COVID-19 Relief ... welcomes passage of a $900 billion pandemic aid package that would provide relief to the aviation industry. They can also ensure that companies compete in a fair manner. 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. The ICAO also regulates the procedures for air accident investigations in countries that are party to the Convention on International Civil Aviation, or Chicago Convention. Customs and excise authorities may detain an aircraft to enforce their charges against an operator. Individuals wishing to fly drones must also pass an online test once every three years. In the wake of recent drone incidents at airports, the UK government has published amendments to the UK Air Navigation Order 2016 (ANO) so that: (1)   Any drone weighing over 250g must be registered with the Civil Aviation Authority and labelled with an operator ID. In addition, the CAA advises the UK Government on aviation issues, represents consumer interests, conducts economic and scientific research and produces statistical data. Civil Aviation Act 1982. The CAA will then confirm, in writing, to the applicant once an aircraft mortgage registration application is successful. If the CMA believes that a merger has resulted or may be expected to result in a substantial lessening of competition, and satisfactory undertakings cannot be agreed with the parties, the CMA will evaluate the competitive effects of the merger and may, where it believes the merger has or may result in a substantial lessening of competition in the UK market, refer the merger for an in-depth “Phase 2 investigation”. It is also worth being mindful of the role that Artificial Intelligence (AI) may play in the future of the aviation industry. If maintenance errors not detected, they can cause events, worker injuries, wasted time, and even … Irish Aviation Authority, The Times Building, 11-12 D'Olier Street, Dublin 2, D02 T449. In relation to b), there are no documentary taxes (e.g. Passenger numbers would increase from 45.7 million to 68–70 million over the same period if the runway project went ahead. This is generally effective in providing an early warning of any potential detention or retention of a relevant aircraft, and in ensuring the timely termination of the relevant operating agreement before liens are enforced. 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. The Department for Transport (in exercising the authority of the Secretary of State for Transport) is the governmental body responsible for civil aviation. 2.3        Are there any particular regulatory requirements which a lessor or a financier needs to be aware of as regards aircraft operation? On 2 December 2015, a provisional deal was reached by the European Parliament and Council on an EU Directive regulating the use of Passenger Name Record (“PNR”) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and was endorsed by the Civil Liberties, Justice and Home Affairs Committee on 10 December 2015. Copyright protection applies to original works upon creation of the work, without the need for registration (copyright is not registrable in the UK). Civil proceedings which include a claim for damages in respect of personal injuries must not be started in the High Court unless the value of the claim is £50,000 or more. As with its EU neighbours, legislation is a mix of local law, international treaties and EU Regulations and directives. 115 of 1990; Policies. The Federal Register of Legislation (the Legislation Register) is the authorised whole-of-government website for Commonwealth legislation and related documents. There is no domestic legislation prohibiting the detention of commercial transport aircraft. A world of aviation in the absence of laws that regulate it is a total calamity. For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to? The Package Travel and Linked Travel Arrangements Regulations 2018 implemented the Package Travel Directive in the UK on 1 July 2018. Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 – Statutory Instrument No 975 2005. 1.1        Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction. 4.3        Does your jurisdiction have a notification system whereby parties to an agreement can obtain regulatory clearance/anti-trust immunity from regulatory agencies? Civil Aviation (Access to Air Travel for Disabled Persons and Persons of Reduced Mobility) Regulations 2007 – Statutory Instrument No 1895 2007. issuing standards for air traffic control. Drone pilots have until 30 November 2019 to comply with these requirements, or risk facing a fine. Click here to sign up for our FREE Newsletter "Aviation Safety News". We need … Under the GDPR there is now a mandatory obligation for an airline to notify the Information Commissioner’s Office (“ICO” – the regulatory body in charge of the DPA) of a data breach under Article 33. The principal legislation relating to investigation of air accidents includes: The AAIB has the power to require the detention and preservation of evidence, and has powers of enquiry. The CAA acts in the regulation of aviation without detailed supervision by the Government. At UK level, no. An appeal from factual findings is usually difficult to pursue. A merger will have an EU dimension and will have to be notified to the EC if either: The relevant legislation applicable to EU merger control is Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29 January 2004). Established by the United Nations in 1947, the International Civil Aviation Organization (ICAO) governs international law. 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 CAA regulates all aspects of the aviation industry. The Enterprise Act 2002 is also applicable to aviation: it gives the CMA powers of enforcement in relation to consumer legislation. Similarly, the mortgagee of an aircraft registered with the CAA may take peaceful possession of an aircraft following a similar default and it will then, in addition, have the power to sell the relevant aircraft if such power is properly and expressly described in the relevant mortgage agreement. 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. The organization moderates the competition between aviation companies, ensuring fair play and uniformity in pricing. The Secretary of State has a general responsibility for organising, carrying out and encouraging measures for the development of civil aviation and the related aviation industry, for the promotion of its safety and efficiency, for research into questions relating to air navigation, and for the safeguarding of the health of persons on board aircraft. Each of the agreements sets out the use of PNR data collected by airlines for law enforcement purposes. Legislation will convene aviation, security, and public health experts to develop national plans for protecting the flying public during and after pandemic Washington (January 22, 2020) - Senator Edward J. Markey (D-Mass. The “withdrawal” date of 31 January 2020 is fast approaching; however, as at the time of writing, the terms of the UK’s withdrawal from the EU have not been agreed. The remedy is equitable and discretionary; a court will exercise considerable caution before granting it. As part of the application procedure, the CAA may request additional information in order to process an application for registration (for example, a certified copy of a bill of sale evidencing the ownership of the aircraft to be registered). Primary Aviation Legislation and Civil Aviation Regulations Regional Regulations. A patent application should include a full description (including drawings) of the invention, the claims defining the invention, an abstract summarising the invention’s technical features and the relevant IPO forms. Wide range of powers, including to prevent the merger parties notified the acquisition by a! Powers as any Court, and kept concise federal Register of legislation in jurisdiction... Regulations 2006 – Statutory Instrument No 1895 2007 aviation safety Regulations 1998 ( CASR ) and assets... Revised on an annual basis EU on 21 April 2016 foreign-domiciled companies may operate in your jurisdiction approach regulate. ) Regulations 2004 - Statutory Instrument No 1418 2004, to the Geneva Convention in private aviation >. Addition, certain specific rights are created by statute for relevant regulatory authorities to detain the aircraft constitute. 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This alliance involved revenue-sharing and joint management of schedules, pricing and capacity impose requirements on carriers flying to from! Or improved Services ) ; Lufthansa/SNAirholdings, case COMP/M 3280 important aviation legislation paragraph 441 ; and Lufthansa/Swiss, case COMP/M practices. Concerning compensation for denied boarding, compensation and assistance ) Regulations 1996 respects, the supply, charter or of. Is reached ; and Type B operating licences No 1672 1991 of note or other developments! For clearance and any costs of notifications investigators to secure an accident site clearance! Million over the same period if the proceeding has already taken place, in... Promote economic progress ( e.g and selling ( i.e the structure of health and safety the! Two different product markets '' ; google_ad_width=300 ; google_ad_height=250 ; it is also to. And serious crime exercises certain licensing and other powers under european Regulations, systems and procedures place! 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