BOOK 12 - AIR LAW.pdf

April 18, 2018 | Author: Diego Alexander | Category: Instrument Flight Rules, Air Traffic Control, Aviation, Aeronautics, Aviation Safety
Share Embed Donate


Short Description

Download BOOK 12 - AIR LAW.pdf...

Description

These materials are to be used only for the purpose of individual, private study and may not be reproduced in any form or medium, copied, stored in a retrieval system, lent, hired, rented, transmitted, or adapted in whole or in part without the prior written consent of Jeppesen.

Copyright in all materials bound within these covers or attached hereto, excluding that material which is used with the permission of third parties and acknowledged as such, belongs exclusively to Jeppesen. Certain copyright material is reproduced with the permission of the International Civil Aviation Organisation, the United Kingdom Civil Aviation Authority, and the Joint Aviation Authorities (JAA).

This book has been written and published to assist students enrolled in an approved JAA Air Transport Pilot Licence (ATPL) course in preparation for the JAA ATPL theoretical knowledge examinations. Nothing in the content of this book is to be interpreted as constituting instruction or advice relating to practical flying.

Whilst every effort has been made to ensure the accuracy of the information contained within this book, neither Jeppesen nor Atlantic Flight Training gives any warranty as to its accuracy or otherwise. Students preparing for the JAA ATPL theoretical knowledge examinations should not regard this book as a substitute for the JAA ATPL theoretical knowledge training syllabus published in the current edition of “JAR-FCL 1 Flight Crew Licensing (Aeroplanes)” (the Syllabus). The Syllabus constitutes the sole authoritative definition of the subject matter to be studied in a JAA ATPL theoretical knowledge training programme. No student should prepare for, or is entitled to enter himself/herself for, the JAA ATPL theoretical knowledge examinations without first being enrolled in a training school which has been granted approval by a JAA-authorised national aviation authority to deliver JAA ATPL training.

Contact Details: Sales and Service Department Jeppesen GmbH Frankfurter Strasse 233 63263 Neu-Isenburg Germany Tel: ++49 (0)6102 5070 E-mail: [email protected] For further information on products and services from Jeppesen, visit our web site at: www.jeppesen.com

JA310112-000 ii

© Jeppesen Sanderson Inc., 2004 All Rights Reserved ISBN 0-88487-362-5

Printed in Germany

PREFACE_______________________

As the world moves toward a single standard for international pilot licensing, many nations have adopted the syllabi and regulations of the “Joint Aviation Requirements-Flight Crew Licensing" (JAR-FCL), the licensing agency of the Joint Aviation Authorities (JAA). Though training and licensing requirements of individual national aviation authorities are similar in content and scope to the JAA curriculum, individuals who wish to train for JAA licences need access to study materials which have been specifically designed to meet the requirements of the JAA licensing system. The volumes in this series aim to cover the subject matter tested in the JAA ATPL ground examinations as set forth in the ATPL training syllabus, contained in the JAA publication, “JAR-FCL 1 (Aeroplanes)”. The JAA regulations specify that all those who wish to obtain a JAA ATPL must study with a flying training organisation (FTO) which has been granted approval by a JAA-authorised national aviation authority to deliver JAA ATPL training. While the formal responsibility to prepare you for both the skill tests and the ground examinations lies with the FTO, these Jeppesen manuals will provide a comprehensive and necessary background for your formal training. Jeppesen is acknowledged as the world's leading supplier of flight information services, and provides a full range of print and electronic flight information services, including navigation data, computerised flight planning, aviation software products, aviation weather services, maintenance information, and pilot training systems and supplies. Jeppesen counts among its customer base all US airlines and the majority of international airlines worldwide. It also serves the large general and business aviation markets. These manuals enable you to draw on Jeppesen’s vast experience as an acknowledged expert in the development and publication of pilot training materials. We at Jeppesen wish you success in your flying and training, and we are confident that your study of these manuals will be of great value in preparing for the JAA ATPL ground examinations. The next three pages contain a list and content description of all the volumes in the ATPL series.

iii

ATPL Series Meteorology (JAR Ref 050) The Atmosphere Wind Thermodynamics Clouds and Fog Precipitation

Air Masses and Fronts Pressure System Climatology Flight Hazards Meteorological Information

General Navigation (JAR Ref 061) Basics of Navigation Magnetism

Dead Reckoning Navigation In-Flight Navigation

Compasses Charts

Inertial Navigation Systems

Radio Navigation (JAR Ref 062) Radio Aids Self-contained and External-Referenced Navigation Systems

Basic Radar Principles Area Navigation Systems Basic Radio Propagation Theory

Airframes and Systems (JAR Ref 021 01) Fuselage Windows Wings Stabilising Surfaces Landing Gear Flight Controls

Hydraulics Pneumatic Systems Air Conditioning System Pressurisation De-Ice / Anti-Ice Systems Fuel Systems

Powerplant (JAR Ref 021 03) Piston Engine Turbine Engine Engine Construction

Engine Systems Auxiliary Power Unit (APU)

Electrics (JAR Ref 021 02) Direct Current Alternating Current Batteries Magnetism

iv

Generator / Alternator Semiconductors Circuits

Instrumentation (JAR Ref 022) Flight Instruments Automatic Flight Control Systems Warning and Recording Equipment Powerplant and System Monitoring Instruments

Principles of Flight (JAR Ref 080) Laws and Definitions Aerofoil Airflow Aeroplane Airflow Lift Coefficient Total Drag Ground Effect Stall CLMAX Augmentation Lift Coefficient and Speed

Boundary Layer High Speed Flight Stability Flying Controls Adverse Weather Conditions Propellers Operating Limitations Flight Mechanics

Performance (JAR Ref 032) Single-Engine Aeroplanes – Not certified under JAR/FAR 25 (Performance Class B) Multi-Engine Aeroplanes – Not certified under JAR/FAR 25 (Performance Class B) Aeroplanes certified under JAR/FAR 25 (Performance Class A)

Mass and Balance (JAR Ref 031) Definition and Terminology Limits Loading Centre of Gravity

Flight Planning (JAR Ref 033) Flight Plan for Cross-Country Flights ICAO ATC Flight Planning IFR (Airways) Flight Planning Jeppesen Airway Manual

Meteorological Messages Point of Equal Time Point of Safe Return Medium Range Jet Transport Planning

Air Law (JAR Ref 010) International Agreements and Organisations Annex 8 – Airworthiness of Aircraft Annex 7 – Aircraft Nationality and Registration Marks Annex 1 – Licensing Rules of the Air Procedures for Air Navigation

Air Traffic Services Aerodromes Facilitation Search and Rescue Security Aircraft Accident Investigation JAR-FCL National Law

v

Human Performance and Limitations (JAR Ref 040) Human Factors Aviation Physiology and Health Maintenance Aviation Psychology

Operational Procedures (JAR Ref 070) Operator Air Operations Certificate Flight Operations Aerodrome Operating Minima

Low Visibility Operations Special Operational Procedures and Hazards Transoceanic and Polar Flight

Communications (JAR Ref 090) Definitions Distress and Urgency General Operation Procedures Procedures Relevant Weather Information Aerodrome Control Communication Failure Approach Control VHF Propagation Area Control Allocation of Frequencies

vi

Table of Contents

CHAPTER 1 Abbreviations and Definitions Section 1 - Common abbreviations used in the JAA Central Question Bank ................................................1-1 Section 2 - ICAO Definitions .........................................................................................................................1-6

CHAPTER 2 The History of Aviation Law and the Chicago Convention 1944 Background...................................................................................................................................................2-1 Introduction ...................................................................................................................................................2-1 Safety ..........................................................................................................................................................2-1 International Law...........................................................................................................................................2-1 Scheduled and Non Scheduled Air Services.................................................................................................2-2 1919 Aeronautical Commission of the Paris Peace Conference ...................................................................2-2 Convention of the Unification of Certain Rules to International Carriage by Air (Warsaw 1929) ...................2-2 1944 Convention on International Civil Aviation (the Chicago Convention) ..................................................2-3 Part I – Air Navigation ...................................................................................................................................2-4 Part II - T he International Civil Aviation Organisation....................................................................................2-8 The Organisation ..........................................................................................................................................2-8 The Assembly ...............................................................................................................................................2-9 Annexes to the Convention...........................................................................................................................2-9 Other International Agreements made at Chicago ......................................................................................2-11 The International Air Transport Agreement and the International Air Services Transit Agreement.............2-11 Supplementary Freedoms...........................................................................................................................2-11 The Convention of Tokyo 1963 ...................................................................................................................2-12 The Hague Convention of 1970 ..................................................................................................................2-13 The Montreal Convention of 1971...............................................................................................................2-13 Addendum to Chapter 2 ..............................................................................................................................2-14 Chapter IX - The Council ............................................................................................................................2-17 Chapter X - The Air Navigation Commission...............................................................................................2-19

CHAPTER 3 Other International and European Organisations The International Air Transport Association (IATA).......................................................................................3-1 The Convention of Rome 1933/1952 ............................................................................................................3-1 Commercial Practices and Associated Rules (Leasing)................................................................................3-1 Leasing of Aeroplanes between JAA Operators ...........................................................................................3-2 Leasing of Aeroplanes Between a JAA Operator and Any Body Other Than a JAA Operator ......................3-2 Leasing of Aeroplanes at Short Notice..........................................................................................................3-3 European Civil Aviation Conference (ECAC) ................................................................................................3-3 ECAC Objectives ..........................................................................................................................................3-3 Joint Aviation Authorities (JAA).....................................................................................................................3-3 JAA Organisation ..........................................................................................................................................3-3 Functions of JAA...........................................................................................................................................3-4 Organisation and Procedures .......................................................................................................................3-4 JAA/FAA Harmonisation ...............................................................................................................................3-5 Eurocontrol....................................................................................................................................................3-5

Air Law

vii

Table of Contents

CHAPTER 4 Flight Crew Licensing (Aeroplanes) Introduction .................................................................................................................................................. 4-1 JAR-FCL ...................................................................................................................................................... 4-1 Licensing Requirements and Regulations.................................................................................................... 4-2 Specific Requirements for Licence Issue PPL(A)......................................................................................... 4-3 ATPL(A) Experience .................................................................................................................................... 4-5 CPL(A) Experience ...................................................................................................................................... 4-5 Instructor Ratings ......................................................................................................................................... 4-6 Examiners (Aeroplane) ................................................................................................................................ 4-6 Class and Type Ratings ............................................................................................................................... 4-7 Instrument Rating (IR(A)) ............................................................................................................................. 4-8 Recent Experience....................................................................................................................................... Curtailment of Privileges of Licence Holders Aged 60 Years or More .......................................................... 4-9 4-9 Medical Requirements ............................................................................................................................... 4-10 JAA Theoretical Knowledge Examinations for ATPL (A)............................................................................ 4-12

CHAPTER 5 Registration of Aircraft and Aircraft Markings Nationality, Common, and Registration Marks ............................................................................................. 5-1 Location of Nationality, Common, and Registration Marks ........................................................................... 5-2 Registration of Aircraft.................................................................................................................................. 5-3

CHAPTER 6 Airworthiness of Aircraft Introduction .................................................................................................................................................. 6-1 Certificate of Airworthiness .......................................................................................................................... 6-1

CHAPTER 7 Rules of the Air Introduction .................................................................................................................................................. 7-1 General Rules .............................................................................................................................................. 7-2 Negligent or Reckless Operation of Aircraft ................................................................................................. 7-2 Minimum Heights ......................................................................................................................................... 7-2 Cruising Levels............................................................................................................................................. 7-2 Prohibited and Restricted Areas................................................................................................................... 7-2 Avoidance of Collisions ................................................................................................................................ 7-2 Simulated Instrument Flight (SIF)................................................................................................................. 7-7 Flight Plans .................................................................................................................................................. 7-7 Communications ........................................................................................................................................ 7-10 Visual Flight Rules (VFR)........................................................................................................................... 7-12 Instrument Flight Rules .............................................................................................................................. 7-14 Rules Applicable to IFR Flights within Controlled Airspace ........................................................................ 7-15 IFR Flight Levels ........................................................................................................................................ 7-15 Rules Applicable to IFR Flights Outside Controlled Airspace..................................................................... 7-15 Communications ........................................................................................................................................ 7-16 Position Reports......................................................................................................................................... 7-16 Special VFR (SVFR) .................................................................................................................................. 7-16 Cruising Levels........................................................................................................................................... 7-17 Table of Cruising Levels............................................................................................................................. 7-20 Appendix 1 to Chapter 7 ............................................................................................................................ 7-22 Signals for Use in the Event of Interception ............................................................................................... 7-22 viii

Air Law

Table of Contents

CHAPTER 8 Signals Introduction ...................................................................................................................................................8-1 Emergency Signals .......................................................................................................................................8-1 Aerodrome Signals .......................................................................................................................................8-2 Acknowledgement.........................................................................................................................................8-2 Visual Ground Signals ..................................................................................................................................8-3 Signals from the Pilot of an Aircraft to a Marshaller ......................................................................................8-8

CHAPTER 9 Altimeter Setting Procedures Expression of Vertical Position......................................................................................................................9-1 Transition ......................................................................................................................................................9-2 Use of QNH or QFE ......................................................................................................................................9-3 Flight Planning ..............................................................................................................................................9-4

CHAPTER 10 Instrument Procedures Introduction .................................................................................................................................................10-1 Publications.................................................................................................................................................10-1 Obstacle Clearance ....................................................................................................................................10-2 Abbreviations ..............................................................................................................................................10-2 Departure Procedures.................................................................................................................................10-2 The Instrument Departure Procedure .........................................................................................................10-3 Establishment of a Departure Procedure ....................................................................................................10-3 Standard Instrument Departures .................................................................................................................10-5 Contingency Procedures.............................................................................................................................10-6 Published Information .................................................................................................................................10-8 Airways Departure Routes (SID Charts) .....................................................................................................10-8 The Instrument Approach Procedure ........................................................................................................10-13 Obstacle Clearance ..................................................................................................................................10-15 Accuracy of Fixes......................................................................................................................................10-21 Descent Gradient ......................................................................................................................................10-24 Approach Segments .................................................................................................................................10-24 Standard Arrivals Routes (STARS)...........................................................................................................10-24 Missed Approach ......................................................................................................................................10-28 Visual Manoeuvring (Circling) VM(C)A in the Vicinity of the Aerodrome...................................................10-30 Published Information ...............................................................................................................................10-31 Holding Procedures ..................................................................................................................................10-36 Simultaneous Operations on Parallel or Near Parallel Instrument Runways ............................................10-42

CHAPTER 11 Aeronautical Information Service Introduction .................................................................................................................................................11-1 Responsibilities and Function .....................................................................................................................11-1 The Integrated Aeronautical Information Package (IAIP)............................................................................11-1 Prohibited, Restricted, and Danger Areas...................................................................................................11-2 NOTAM (Notice to Airmen) .........................................................................................................................11-3 Aeronautical Information Regulation and Control (AIRAC) .........................................................................11-6 Aeronautical Information Circulars (AIC).....................................................................................................11-7 Pre-Flight and Post Flight Information.........................................................................................................11-8 Aeronautical Information Publication (AlP)..................................................................................................11-8 Contents of Aeronautical Information Publication (AIP) ..............................................................................11-9 Air Law

ix

Table of Contents

CHAPTER 12 Air Traffic Services and Airspace Introduction ................................................................................................................................................ 12-1 Objective of the Air Traffic Services (ATS)................................................................................................. 12-1 Divisions of the Air Traffic Services............................................................................................................ 12-2 Determination of the need for Air Traffic Services...................................................................................... 12-2 Classes of Airspace ................................................................................................................................... 12-2 Required Navigation Performance (RNP) .................................................................................................. 12-5 Units Providing Air Traffic Services ............................................................................................................ 12-5 Flight Information Regions (FIRs) .............................................................................................................. 12-6 Control Areas ............................................................................................................................................. 12-6 Flight Information Regions or Control Areas in the Upper Airspace ........................................................... 12-7 Control 12-7 Service Zones............................................................................................................................................. to Aircraft in the event of Emergency .......................................................................................... 12-10 Time in Air Traffic Services ...................................................................................................................... 12-10 ATS Route Designators ........................................................................................................................... 12-10 Air Traffic Incident Report (ATIR)............................................................................................................. 12-14 Collision Avoidance Systems (ACAS – Airborne; TCAS – Traffic) ........................................................... 12-15 Use of ACAS/TCAS Indications ............................................................................................................... 12-15

CHAPTER 13 Air Traffic Control Services Introduction ................................................................................................................................................ 13-1 Air Traffic Control Service .......................................................................................................................... 13-1 Operation of Air Traffic Control Service...................................................................................................... 13-3 Emergency and Communication Failure .................................................................................................... 13-8

CHAPTER 14 Flight Information Service (FIS) Application ................................................................................................................................................. 14-1 What is provided by a FIS .......................................................................................................................... 14-1 Operational Flight Information Service Broadcasts (OFIS) ........................................................................ 14-2

CHAPTER 15 Aerodrome Control Service Introduction ................................................................................................................................................ 15-1 Aerodrome Traffic Zone (ATZ) ................................................................................................................... 15-1 Functions of Aerodrome Control Towers.................................................................................................... 15-2 Traffic and Taxi Circuits ............................................................................................................................. 15-2 Information to Aircraft by Aerodrome Control Towers ................................................................................ 15-5 Control of Aerodrome Traffic ...................................................................................................................... 15-6 Control of other than Aircraft Traffic on the Manoeuvring Area .................................................................. 15-7 Control of Traffic in the Traffic Circuit ......................................................................................................... 15-7 Wake Turbulence Categorization of Aircraft and Increased Longitudinal Separation Minima .................... 15-9

x

Air Law

Table of Contents

CHAPTER 16 Approach Control Service Introduction .................................................................................................................................................16-1 Departures ..................................................................................................................................................16-1 Arrivals ........................................................................................................................................................16-2 Approach Sequence (Stacking) ..................................................................................................................16-4 Information for Arriving Aircraft ...................................................................................................................16-6

CHAPTER 17 Area Control Service Introduction .................................................................................................................................................17-1 Separation...................................................................................................................................................17-2 Vertical Separation......................................................................................................................................17-2 Horizontal Separation .................................................................................................................................17-3 Lateral Separation.......................................................................................................................................17-4 Longitudinal Separation ..............................................................................................................................17-6 Reduced Separation Minima.....................................................................................................................17-14

CHAPTER 18 Air Traffic Advisory Service Introduction .................................................................................................................................................18-1 Objective and Basic Principles....................................................................................................................18-1 Operation ....................................................................................................................................................18-1 Aircraft Using the Air Traffic Advisory Service.............................................................................................18-2 Aircraft Not Using the Air Traffic Advisory Service ......................................................................................18-2 Air Traffic Services Units.............................................................................................................................18-2

CHAPTER 19 Radar in Air Traffic Control Introduction .................................................................................................................................................19-1 Radar Coverage..........................................................................................................................................19-1 Identification of Aircraft ...............................................................................................................................19-3 SSR Identification Procedures ....................................................................................................................19-3 PSR Identification Procedures ....................................................................................................................19-3 Position Information ....................................................................................................................................19-4 Radar Vectoring ..........................................................................................................................................19-4 Use of Radar in the Air Traffic Control Service ...........................................................................................19-7 Radar Separation Minima ...........................................................................................................................19-7 Emergencies, Hazards, and Equipment Failures ........................................................................................19-9 Use of Radar in the Approach Control Service ...........................................................................................19-9 Radar Approaches ....................................................................................................................................19-11 Use of Radar in Aerodrome Control..........................................................................................................19-12

CHAPTER 20 Secondary Surveillance Radar Introduction .................................................................................................................................................20-1 Operation of Transponders .........................................................................................................................20-2 Emergency Procedures ..............................................................................................................................20-3 Communication Failure Procedures ............................................................................................................20-3 Unlawful Interference with Aircraft in Flight.................................................................................................20-3 Phraseology ................................................................................................................................................20-3

Air Law

xi

Table of Contents

CHAPTER 21 The Alerting Service Alerting Service.......................................................................................................................................... 21-1 Phases of the Alerting Procedure............................................................................................................... 21-2 Format of Notification of Declaration .......................................................................................................... 21-3 Additional Information for the RCC............................................................................................................. 21-3 Information to Aircraft Operating In the Vicinity of an Aircraft in a State of Emergency.............................. 21-3 Unlawful Interference ................................................................................................................................. 21-3

CHAPTER 22 Search and Rescue Introduction ................................................................................................................................................ 22-1 Organisation............................................................................................................................................... 22-1 Operating Procedures ................................................................................................................................ 22-2 Search and Rescue Signals ....................................................................................................................... 22-4 Ground/Air Signals used by Rescue Units ................................................................................................. 22-6 Air-To-Ground Signals ............................................................................................................................... 22-6

CHAPTER 23 Aerodromes Annex 14.................................................................................................................................................... 23-1 Types of Aerodrome................................................................................................................................... 23-1 Parts of an Aerodrome ............................................................................................................................... 23-1 Aerodrome Reference Code ...................................................................................................................... 23-1 Aeronautical Data....................................................................................................................................... 23-2 Runways .................................................................................................................................................... 23-5 Taxiways .................................................................................................................................................... 23-7 Taxiway Curve ........................................................................................................................................... 23-9 Holding Bays, Taxi Holding Positions.........................................................................................................23-10 23-9 Aprons ...................................................................................................................................................... Visual Aids for Navigation ........................................................................................................................ 23-10 Markings .................................................................................................................................................. 23-11 Runway Markings..................................................................................................................................... 23-11 Runway Centre Line Marking................................................................................................................... 23-12 Threshold Markings.................................................................................................................................. 23-12 Displaced Threshold Marking................................................................................................................... 23-13 Aiming Point Marking ............................................................................................................................... 23-14 Touchdown Zone Marking........................................................................................................................ 23-14 Runway Side Stripe.................................................................................................................................. 23-16 Taxiway Markings .................................................................................................................................... 23-16 Taxiway Centre Line Marking................................................................................................................... 23-16 Runway Holding Position Marking............................................................................................................ 23-16 Taxiway Intersection Marking................................................................................................................... 23-17 VOR Aerodrome Check-Point Marking .................................................................................................... 23-18 Aircraft Stand Markings ............................................................................................................................ 23-19 Apron Safety Lines................................................................................................................................... 23-19 Information Markings................................................................................................................................ 23-19 Signs ...................................................................................................................................................... 23-19 Markers .................................................................................................................................................... 23-23 Aerodrome Lighting.................................................................................................................................. 23-24 Approach Lighting Systems ..................................................................................................................... 23-25 Precision Approach Path Indicator (PAPI and Abbreviated PAPI) ........................................................... 23-32 Minimum Eye Height (MEHT)................................................................................................................... 23-33

xii

Air Law

Table of Contents

Runway Lights ..........................................................................................................................................23-34 Taxiway Lighting .......................................................................................................................................23-34 Obstacles ..................................................................................................................................................23-38 Marking of Vehicles...................................................................................................................................23-40 Emergency Vehicles .................................................................................................................................23-40 Emergency Services .................................................................................................................................23-40 Bird Hazard ...............................................................................................................................................23-40

CHAPTER 24 Aviation Security General .......................................................................................................................................................24-1 Aims andOrganisation Objectives ...................................................................................................................................24-1 National .................................................................................................................................24-1 International Co-Operation..........................................................................................................................24-1 Preventative Security Measures .................................................................................................................24-2 Carriage of Legal Weapons ........................................................................................................................24-2 Pre-Flight Checks .......................................................................................................................................24-2 Measures Related to Passengers and their Cabin Baggage ......................................................................24-2 Missing Passengers ....................................................................................................................................24-2 Measures Relating to Access Control .........................................................................................................24-2 Management of Response to Acts of Unlawful Interference .......................................................................24-3 Flight Deck Door .........................................................................................................................................24-3 Training Programmes .................................................................................................................................24-3 Isolated Aircraft Parking Position ................................................................................................................24-3

CHAPTER 25 Aircraft Accident Investigation Introduction .................................................................................................................................................25-1 Definitions ...................................................................................................................................................25-1 Objective of the Investigation......................................................................................................................25-2 Protection of Evidence, Custody, and Removal of Aircraft..........................................................................25-2 Request from State of Registry or State of Operator ..................................................................................25-2 Request from State of Design or State of Manufacturer .............................................................................25-3 Notification for Accidents or Serious Incidents ............................................................................................25-3 Reports .......................................................................................................................................................25-4

CHAPTER 26 Facilitation Introduction .................................................................................................................................................26-1 Entry and Departure of Aircraft ...................................................................................................................26-1 Entry and Departure of Persons and their Baggage ...................................................................................26-3 Departure Requirements and Procedures ..................................................................................................26-4 Inadmissible Passengers, Deportees and Persons in Custody...................................................................26-4

CHAPTER 27 National Law Introduction .................................................................................................................................................27-1 The Law of the UK ......................................................................................................................................27-1 Major UK Differences..................................................................................................................................27-1 Royal Flights ...............................................................................................................................................27-3 Military Aerodrome Traffic Zones (MATZ)...................................................................................................27-3 Air Law

xiii

Table of Contents

xiv

Air Law

INTRODUCTION This chapter of Aviation Law contains two sections and is intended for use with all the course material provided: SECTION 1 — COMMON ABBREVIATIONS USED IN THE JAA CENTRAL QUESTION BANK A A

Ampere

ALT

Altitude

ABM

Abeam

ALTN

Alternate

ABN

Aerodrome beacon

APCH

Approach

AC

Alternating current

APT

Airport

AC

Altocumulus

APU

Auxiliary power unit

ACAS

Airborne collision avoidance system

ARR

Arrival

ACFT

Aircraft

AS

Altostratus

ACT

Active

ASDA

Accelerate stop distance available

AD

Aerodrome

AMSL

Above mean sea level

ADC

Air data computer

ATA

Actual time of arrival

ADDN

Additional

ATC

Air traffic control

ADF

Automatic direction finding

ATIS

Automatic terminal information service

ADI

Attitude director indicator

ATO

Actual time overhead

AEO

All engines operating

ATS

Air traffic services

AFIS

Aerodrome flight information service

AUX

Auxiliary

AFM

Aircraft flight manual

AVG

Average

AGL

Above ground level

AWY

Airway

AIP

Aeronautical Information Publication

AZM

Azimuth

BKN

Broken

BRG

Bearing

ºC

Degrees Celsius

CI

Cirrus

CAS

Calibrated air speed

CL

Lift coefficient

CAT

Clear air turbulence

Cm

Centimetre

CB

Cumulonimbus

CO

Communications

CC

Cirrocumulus

CP

Critical point

B

C

CD

Drag coefficient

CRM

Crew resource management

CDI

Course direction indicator

CS

Cirrostratus

CDU

Control display unit

CTR

Control zone

cg

Centre of gravity

CU

Cumulus

CWY

Clearway

Air Law

1-1

Chapter 1

Abbreviations and Definitions

D DA

Decision altitude

DG

Directional gyroscope

DC

Direct current

DH

Decision height

DEG

Degrees

DIST

Distance

DEP

Departure

DME

Distance measuring equipment

DES

Descent

DP

Dew point

DEST

Destination

DR

Dead reckoning

DEV

Deviation

DVOR

Doppler VOR

D/F

Direction finding

E

East

EICAS

Engine indicator and crew alerting system

EAS

Equivalent airspeed

EOBT

Estimated off blocks time

EAT

Expected approach time

EPR

Engine pressure ratio

E

ECAM

Engine condition aircraft monitoring

EST

Estimated

EFIS

Electronic flight instrument system

ETA

Estimated time of arrival

EGT

Exhaust gas temperature

ETO

Estimated time overhead

ºF

Degrees Fahrenheit

FL

Flight level

FAF

Final approach fix

FLT

Flight

FCST

Forecast

FMS

Flight management system

F

FD

Flight director

FT

Feet

FIS

Flight information system

FT/MIN

Feet per minute

FIS

Flight Information Service

G

Gramme

GP

Glide path

GAL

Gallons

GPWS

Ground proximity warning system

GND

Ground

GS

Ground speed

HDG

Heading

HSI

Horizontal situation indicator

HF

High frequency

HT

Height

hPa

Hectopascal

Hz

Hertz

HR

Hours

IAS

Indicated airspeed

INT

Intersection

ILS

Instrument landing system

ISA

International standard atmosphere

IMC

Instrument meteorological conditions

ISOL

Isolated

IMP GAL

Imperial gallons

ITCZ

Inter-tropical convergence zone

INS

Inertial navigation systems

IVSI

Instantaneous vertical speed indicator

J

Joule

G

H

I

J

1-2

Air Law

Abbreviations and Definitions

Chapter 1

K kg

Kilogramme

kt

Knot

kHz

Kilohertz

kW

Kilowatt

km

Kilometre

LAT

Latitude

LMT

Local mean time

LB

Pounds

LONG

Longitude

LDG

Landing

LT

Local time

LDP

Landing decision point

LTD

Limited

LVL

Level

L

LEN

Length

LLZ LMC

Localiser (Localizer) Last minute change

m

Metre

MLS

Microwave landing system

M

Mass

MM

Middle marker

M

Mach Number

MNM

Minimum

MAC

Mean aerodynamic chord

MNPS

Minimum navigation performance specification Minimum obstruction clearance altitude

LYR

Layer

M

MAP

Manifold pressure

MAPt

Missed approach point

MOCA

max

Maximum

MORA

Minimum off route altitude

MDH

Minimum descent height

MPH

Miles per hour

MDH/A

Minimum descent height/altitude

MPS, mps

Metres per second

MEA

Minimum enroute altitude

MSA

Minimum sector altitude

MET

Meteorological

MSL

Mean sea level

MIN

Minutes

MSU

Mode selector unit

N

Newton

NDB

Non-directional beacon

NGT

Night

NM

Nautical miles

N

North

NOTAM

Notice to airmen

NAT

North Atlantic track

NS

Nimbostratus

NAV

Navigation

OAT

Outside air temperature

OM

Operating mass

OBS

Omni bearing selector

OM

Outer marker

OCA(H)

Obstacle clearance altitude (height)

OPS

Operations

OCL

Obstacle clearance limit

O/R

On request

OEI

One engine inoperative

OVC

Overcast

P

Pressure

POS

Position

PAX

Passenger

PSI

Pounds per square inch

N

O

P

PET

Point of equal time

PSR

Point of Safe Return

PIC

Pilot in command

PTS

Polar track structure

PLN

Flight plan

PWR

Power

PNR

Point of no return

Air Law

1-3

Chapter 1

Abbreviations and Definitions

R r

Radius

RNAV

RAC

Rules of the air and air traffic services

ROC

Area Navigation Rate of climb

RAS

Rectified airspeed

ROD

Rate of descent

REP

Reporting point

RVR

Runway visual range

RMI

Remote magnetic indicator

RWY

Runway

RMK

Remark

S

South

SR

Sunrise

SAR

Search and rescue

SS

Sunset

SARPs

Standards and Recommended Practices

SSR

Secondary surveillance radar

SC

Stratocumulus

ST

Stratus

SCT

Scattered

STAR

Standard arrival route

SDBY

Standby

STD

Standard

SEC

Seconds

STN

Station

SEV

Severe

STNR

Stationary

SFC

Surface

STS

Status

SID

Standard instrument departure

SVFR

Special VFR

SIM

Simulator

SWY

Stop way

SKC

Sky clear

T

Temperature

THR

Threshold

TA

Transition altitude

TL

Transition level

TAS

True airspeed

T/O

Take-off

TAT

Total air temperature

TOC

Top of climb

TC TCAS

Tropical cyclone Traffic collision avoidance system

TORA TS

Take off run available Thunderstorm

TDP

Take-off decision point

TWY

Taxiway

U/S

Unserviceable

UTC

Co-ordinated universal time

US-GAL

US gallons

V

Volt

VSI

VAR

Magnetic variation

VV

VDF

VHF direction finding station

VA

VG

Vertical gyro

VB

VHF

Very high frequency

VC/MC

VIS

Visibility

VD

Design dive speed

S

T

U

V Vertical speed indicator Vertical visibility Design manoeuvring speed Design speed for max gust intensity Design cruise speed / Mach number

VLF

Very low frequency

VF

Design flap speed

VMC

Visual meteorological conditions

V FE

Flap extended speed

VOLMET

Meteorological information for aircraft in flight

VFO

Flap operating speed

VOR

VHF omni directional range

VLE

Landing gear extended speed

vrb

Variable

VLO

Maximum landing gear operating speed

1-4

Air Law

Abbreviations and Definitions

VLOF Lift off speed VMAX TYREMaximum tyre speed VMBE

VMC

V

R

V

Maximum break energy speed

Minimum control speed

VMCA

REF

V

V

Air minimum control speed

VMCG

V V

Maximum operating limit speed / Maximum Mach number

Minimum un-stick speed

S1

X

VY

V

Rotating speed Landing reference speed Stalling speed or minimum steady flight speed at which the aeroplane is controllable Stalling speed or minimum steady flight speed in landing configuration Stalling speed or minimum steady flight speed obtained in best configuration Speed for best angle of climb Speed for best rate of climb Critical engine failure speed

MU

VNE

S

SO

Ground minimum control speed

VMO/MMO V

Chapter 1

1

Never exceed speed

VNO

V

2

Take-off safety speed for piston engine aircraft

Normal operating speed

W W

Watt

W/V

W

West

WPT

Wind velocity Way point

WC

Wind component

WS

Wind shear

WCA

Wind correction angle

WX

Weather

X

Cross

XX

Heavy

XTK

Cross track

YD

Yard

X

Y

Z

Air Law

1-5

Chapter 1

Abbreviations and Definitions

SECTION 2 — ICAO DEFINITIONS The following definitions are from the ICAO Annexes. The learning objectives for 010 Air Law require that the student is able to recall definitions from a given list. Do not memorise this list. By the time you complete the course, you will be able to define all the definitions necessary to pass the examination. Accepting Unit — ATCU next to take control of an aircraft. Accident — An occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight, until such time as all such persons have disembarked, in which a person is fatally or seriously injured as a result of:   

being in the aircraft, or direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or direct exposure to jet blast

except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew, or the aircraft sustains damage or structural failure which:  

adversely affects the structural strength, performance, or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component

except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin, or the aircraft is missing or is completely inaccessible. Note: An injury resulting in death within 30 days of the date of the accident is classified as a fatal injury by ICAO. Note: An aircraft is considered to be missing when the official search has been terminated and the wreckage has not been located. Advisory Airspace — Airspace of defined dimensions, or designated route, within which air traffic advisory service is available. Advisory Route — A designated route along which air traffic advisory service is available. Aerodrome — A defined area of land or water (including any buildings, installations, and equipment) intended to be used either wholly or in part for the arrival, departure, and surface movement of aircraft. Aerodrome Beacon — Aeronautical beacon used to indicate the location of an aerodrome from the air.

1-6

Air Law

Abbreviations and Definitions

Chapter 1

Aerodrome Control Service —Air traffic control service for aerodrome traffic. Aerodrome Control Tower —A unit established to provide air traffic control service. Aerodrome Elevation —The elevation of the highest point of the landing area. Aerodrome Identification Sign — A sign placed on an aerodrome to aid in identifying the aerodrome from the air. Aerodrome Operating Minima —The limits of usability of an aerodrome for: 

Take-off, expressed in terms of RVR and/or visibility and, if necessary, cloud conditions



Landing in precision approach and landing operations, expressed in terms of visibility and/or RVR and DA/DH, as appropriate to the category of the operation, and Landing in non-precision approach and landing operations, expressed in terms of visibility and/or RVR, MDA/MDH and, if necessary, cloud conditions.



Aerodrome Reference Field Length — The minimum field length required for take-off at maximum certificated take-off mass, sea level, standard atmospheric conditions, still air, and zero runway slope, as shown in the appropriate aeroplane flight manual prescribed by the certificating authority or equivalent data from the aeroplane manufacturer. Field length means balanced field length for aeroplanes, if applicable, or take-off distance in other cases. Aerodrome Reference Point — The designated geographical location of the aerodrome. Aerodrome Taxi Circuit — The specified path of aircraft on the manoeuvring area during specific wind conditions. Aerodrome Traffic — All traffic on the manoeuvring area of an aerodrome and all traffic flying in the vicinity of an aerodrome. Note: An aircraft is in the vicinity of an aerodrome when it is in, entering, or leaving an aerodrome traffic circuit. Aerodrome Traffic Zone — Airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic. Aeronautical Beacon — An aeronautical ground light visible at all azimuths, either continuously or intermittently, to designate a particular point on the surface of the earth. Aeronautical Ground Light — Any light specifically provided as an aid to air navigation, other than a light displayed on an aircraft. Aeronautical Information Circular (AIC) —A notice containing information that does not qualify for the srcination of a NOTAM or for inclusion in the AlP, but which relates to flight safety, air navigation, technical, administrative or legislative matters. Aeronautical Information Publication (AIP) —A publication issued by or with the authority of a state and containing aeronautical information of a lasting character essential to air navigation.

Air Law

1-7

Chapter 1

Abbreviations and Definitions

Aeronautical Mobile Service — A mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate; emergency position-indicating radio beacon stations may also participate in this service on designated distress and emergency frequencies. Aeronautical Station — A land station in the aeronautical mobile service. In certain instances, an aeronautical station may be located, for example, on board ship or on a platform at sea. Aeronautical Telecommunication Station — A station in the aeronautical telecommunication service.

Aeroplane A power-driven heavier-than-air aircraft, deriving its lift in offlight aerodynamic— reactions on surfaces which remain fixed under given conditions flight.chiefly from AIP Amendment — Permanent changes to the information contained in the AIP. AIP Supplement — Temporary changes to the information contained in the AIP that are published by means of special pages. AIRAC — An acronym (Aeronautical Information Regulation and Control) signifying a system aimed at advance notification based on common dates, of circumstances that necessitate significant changes in operating practices Air-Ground Communication — Two-way communication between aircraft and stations, or locations, on the surface of the earth. Air Report — A report from an aircraft in flight prepared in conformity with requirements for position, and operational and/or meteorological reporting. Air Traffic — All aircraft in flight or operating on the manoeuvring area of an aerodrome. Air Traffic Advisory Service — A service provided within advisory airspace to ensure separation, in so far as practical between aircraft which are operating on IFR flight plans. Air Traffic Control Clearance — Authorization for an aircraft to proceed under conditions specified by an air traffic control unit. Note: For convenience the term “Air Traffic Control Clearance” is frequently abbreviated to “Clearance” when used in appropriate contexts. Note: The abbreviated term “Clearance” may be prefixed by the words “Taxi”, “Take-off”, “Departure”, “Enroute”, “Approach”, or "Landing” to indicate the particular portion of flight to which the Air Traffic Control Clearance relates. Air Traffic Control Instruction —Directives issued by ATC for the purpose of requiring a pilot to take a specific action.

1-8

Air Law

Abbreviations and Definitions

Chapter 1

Air Traffic Control Service — A service provided for the purpose of:   

Preventing collisions between aircraft, and, On the manoeuvring area between aircraft and obstructions. Expediting and maintaining an orderly flow of air traffic.

Air Traffic Control Unit— A generic term meaning variously, area control centre, approach control office, or aerodrome control tower. Air Traffic Service — A generic term meaning variously, flight information service, alerting service, air traffic advisory service, or air traffic control service (area control service, approach control service, or aerodrome control service). Air Traffic Services Airspaces — Airspaces of defined dimensions, alphabetically designated, within which specific types of flights may operate and for which air traffic services and rules of operation are specified. Note: ATS airspaces are classified as Class A to G Air Traffic Services Reporting Office — A unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure. Note: An Air Traffic Services reporting office may be established as a separate unit or combined with an existing unit, such as another Air Traffic Services Unit, or a unit of the Aeronautical Information Service. Air Traffic Services Unit — A generic term meaning variously, air traffic control unit, flight information centre, or air traffic services reporting office. Aircraft — Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface. Aircraft Category — Classification of aircraft according to specified basic characteristics (e.g. aeroplane, helicopter, glider, free balloon). Aircraft Certified For Single-Pilot Operation —A type of aircraft that the State of Registry has determined, during the certification process, can be operated safely with a minimum crew of one pilot. Aircraft Equipment — Articles, other than stores and spare parts of a removable nature, for use on board an aircraft during flight, including first aid and survival equipment. Aircraft Identification — A group of letters, figures, or a combination thereof which is either identical to, or the coded equivalent of, the aircraft callsign to be used in air-ground communications, and which is used to identify the aircraft in ground-ground ATS communications. Aircraft Observation — The evaluation of one or more meteorological elements made from an aircraft in flight.

Air Law

1-9

Chapter 1

Abbreviations and Definitions

Aircraft Proximity — A situation in which, in the opinion of a pilot or ATS personnel, the distance between aircraft, as well as their relative positions and speed, have been such that the safety of the aircraft involved may have been compromised. Aircraft proximity is classified as follows: Risk Of Collision — The risk classification of aircraft proximity, in which serious risk of collision has existed. Safety Not Assured — The risk classification of aircraft proximity, in which the safety of the aircraft may have been compromised. No Risk Of Collision — The risk classification of aircraft proximity, in which no risk of collision has existed. Risk Not Determined — The risk classification of aircraft proximity in which insufficient information was available to determine the risk involved, or inconclusive or conflicting evidence precluded such determination. Aircraft Stand — A designated area on an apron intended for parking aircraft. Aircraft Type — All aircraft of the same basic design, including all modifications thereto, except those modifications which result in a change in handling or flight characteristics. AIRMET Information — Information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified enroute weather phenomena that may affect the safety of low-level aircraft operations and which was not already included in the forecast issued for low-level flights in the FIR concerned or sub-area thereof. Airborne Collision Avoidance System (ACAS) — An aircraft system based on SSR transponder signals that operates independently of ground based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders. Airline — As provided in Article 96 of the Convention, any air transport enterprise offering or operating a scheduled international air service. AIRPROX — The code word used in an air traffic incident report to designate aircraft proximity. Airway — A control area or portion thereof established in the form of a corridor equipped with radio navigation aids. ALERFA — The code word used to designate an alert phase. Alert Phase — A situation wherein apprehension exists as to the safety of an aircraft and its occupants. Alerting Service — A service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required.

1-10

Air Law

Abbreviations and Definitions

Chapter 1

Alternate Aerodrome — An aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or land at the aerodrome of intended landing. Alternate aerodromes include the following: Take-off Alternate — An alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure. Enroute Alternate — An aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while enroute.

Destination Alternate — An aerodrome an aircraft may proceed become impossible or inadvisable to land at to thewhich aerodrome of intended landing. should it Note: The aerodrome from which a flight departs may also be an enroute or a destination alternate aerodrome for that flight. Altitude — The vertical distance of a level, a point, or an object considered as a point measured from mean sea level (MSL). Approach Control Office — A unit established to provide ATC service to controlled flights arriving at, or departing from, one or more aerodromes. Approach Control Service —ATC service for arriving or departing controlled flights. Appropriate ATS Authority — The relevant authority designated by the state responsible for providing air traffic services in the airspace concerned. Appropriate Authority  

Regarding flight over the high seas— The relevant authority of the state of registry. Regarding flight other than over the high seas— The relevant authority of the state having sovereignty over the territory being over flown.

Apron — A defined area, on a land aerodrome, intended to accommodate aircraft for the purposes of loading or unloading passengers, mail, or cargo, fuelling, parking, or maintenance. Apron Management Service — A service provided to regulate the activities and the movement of aircraft and vehicles on an apron. Area Control Centre — A unit established to provide Air Traffic Control Service to controlled flights in control areas under its jurisdiction. Area Control Service — Air Traffic Control Service for controlled flight in Control Areas. Area Navigation (RNAV) — A method of navigation which permits aircraft operation on any desired flight path within the coverage of the station referenced navigation aids or within the limits of the capability of self contained aids, or a combination of these.

Air Law

1-11

Chapter 1

Abbreviations and Definitions

Area Navigation Route —An ATS route established for the use of aircraft capable of employing area navigation. ATIS — The symbol used to designate automatic terminal information service. ATS Route — A specified route designed for channelling the flow of traffic as necessary for the provision of air traffic services. Note: The term “ATS route” is used to mean variously, airway, advisory route, controlled or uncontrolled route, arrival or departure route, etc. Automatic Dependent Surveillance (ADS) — A surveillance technique in which aircraft automatically provide, via a data link, data derived from on board navigation and position fixing systems, including aircraft identification, four dimensional position, and additional data as appropriate. Automatic Terminal Information Service — The provision of current, routine information to arriving and departing aircraft by means of a continuous and repetitive broadcast throughout the day, or a specified portion of the day. Baggage — Personal property of passengers or crew carried on an aircraft by agreement with the operator. Barrette — Three or more aeronautical ground lights closely spaced in a traverse line so that from a distance they appear as a short bar of light. Base Turn — A turn executed by the aircraft during the initial approach between the end of the outbound track and the beginning of the intermediate or final approach track. The tracks are not reciprocal. Note: Base turns may be designated as being made either in level flight or while descending, according to the circumstances of each individual procedure. Blind Transmission — A transmission from one station to another station in circumstances where two-way communication cannot be established, but where it is believed the called station is able to receive the transmission. Broadcast — A transmission of information relating to air navigation that is not addressed to a specific station or stations. Cargo — Any property carried on an aircraft other than mail, stores, and accompanied or mishandled baggage. Ceiling — The height above the ground or water of the base of the lowest layer of cloud below 6000 metres (20 000 ft) covering more than half the sky. Certify as Airworthy (to) — To certify that an aircraft or parts thereof comply with current airworthiness requirements after maintenance has been performed on the aircraft or parts thereof.

1-12

Air Law

Abbreviations and Definitions

Chapter 1

Change-over Point — The point at which an aircraft navigating over an ATS route segment, defined by reference to very high frequency omni directional radio ranges, is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft. Note: Change-over points are established to provide the optimum balance in respect of signal strength and quality between facilities at all levels to be used and to ensure a common source of azimuth guidance for all aircraft operating along the same portion of a route segment. Circling Approach — An extension of an instrument approach procedure which provides for visual circling of the aerodrome prior to landing. Clearance Limit — The point to which an aircraft is granted an Air Traffic Control Clearance. Clearway — A defined rectangular area on the ground or water under the control of the appropriate authority, selected or prepared as a suitable area over which an aeroplane may make a portion of its initial climb to a specified height. Code (SSR) — The number assigned to a particular multiple pulse reply signal transmitted by a transponder in Mode A or Mode C. Commercial Air Transport Operation — An aircraft operation involving the transport of passengers, cargo, or mail for remuneration or hire. Configuration (as applied to the aeroplane) —A particular combination of the positions of the moveable elements, such as wing flaps, landing gear etc, which affect the aerodynamic characteristics of the aeroplane. Control Area — A controlled airspace extending upwards from a specified limit above the earth. Controlled Aerodrome — An aerodrome at which Air Traffic Control Service is provided to aerodrome traffic. Note: The term “Controlled Aerodrome” indicates that Air Traffic Control Service is provided to Aerodrome Traffic, but does not necessarily imply that a Control Zone exists. Controlled Airspace — An airspace of defined dimensions within which air traffic control service is provided to IFR flights and to VFR flights in accordance with the airspace classification. Note: Controlled airspace is a generic term which covers ATS airspace Class A, B, C, D, and E. Controlled Flight —Any flight which is subject to an Air Traffic Control Clearance. Control Zone — A controlled airspace extending upwards from the surface of the earth to a specified upper limit.

Air Law

1-13

Chapter 1

Abbreviations and Definitions

Co-Pilot — A licensed pilot serving in any piloting capacity other than as PIC, but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction. Crew Member — A person assigned by an operator to duty on an aircraft during flight time. Critical Power Unit(s) — The power unit(s) failure of which gives the most adverse effect on the aircraft characteristics relative to the case under consideration. Cruise Climb — An aeroplane cruising technique resulting in a net increase in altitude as the aeroplane mass decreases. Cruising Level — A level maintained during a significant portion of a flight. Current Flight Plan — The flight plan, including changes, if any, brought about by subsequent clearances. Danger Area — An airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times. Dead Reckoning (DR) Navigation —The estimating or determining of position by advancing an earlier known position by the application of direction, time, and speed data. Decision Altitude (DA) or Decision Height (DH) —A specified altitude or height in the precision approach at which a missed approach must be initiated if the required visual reference to continue the approach has not been established. Note: DA is referenced to mean sea level, DH is referenced to threshold elevation

Note: Thearea required means thatforsection of the the approach whichvisual shouldreference have been in view sufficient timevisual for theaids pilotortoofhave made an assessment of the aircraft position and rate of change of position, in relation to the desired flight path. In Category III operations with a DH the required visual reference is that specified for the particular procedure and operation. Declared Distances Take-Off Run Available (TORA) — The length of runway declared available and suitable for the ground run of an aircraft. Take-Off Distance Available (TODA) — The length of the take-off run available, plus the length of the clearway, if provided. Accelerate-Stop Distance Available (ASDA) — The length of the take-off run available, plus the length of the stopway, if provided. Landing Distance Available (LDA) — The length of the runway that is declared available and suitable for the ground run of an aeroplane landing.

1-14

Air Law

Abbreviations and Definitions

Chapter 1

Dependent Parallel Approaches — Simultaneous approaches to parallel or near parallel instrument runways where radar separation minima between aircraft on adjacent extended runway centre lines are prescribed. Design Landing Mass — The maximum mass of the aircraft at which, for structural design purposes, it is assumed that it will be planned to land. Design Take-off Mass — The maximum mass at which the aircraft, for structural design purposes, is assumed to be planned to be at the start of the take-off run. Design Taxiing Mass — The maximum mass of the aircraft at which structural provision is made for load liable to occur during use of the aircraft on the ground prior to the start of take-off. DETRESFA — The code word used to designate a distress phase. Displaced Threshold —A threshold not located at the extremity of the runway. Distress Phase — A situation wherein there is a reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger or require immediate assistance. DME Distance — The line of sight distance (slant range) from the source of a DME signal to the receiving antenna. Dual Instruction Time — Flight time, during which a person is receiving flight instruction from a properly authorised pilot on board the aircraft. Elevation — The vertical distance of a point on or affixed to the surface of the earth, measured from mean sea level. Emergency Phase — A generic term meaning, as the case may be, uncertainty phase, alert phase, or distress phase. Estimated Elapsed Time — The estimated time to fly from one significant point to another. Estimated Off-Blocks Time — The estimated time at which the aircraft will commence movement associated with departure. Estimated Time of Arrival — For IFR flights, the time at which it is estimated that the aircraft will arrive over the designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome. For VFR flights, the time at which it is estimated that the aircraft will arrive over the aerodrome. Expected Approach Time —The time at which ATC expects that an arriving aircraft, following a delay, will leave the holding point to complete its approach for a landing. Note: The actual time of leaving the holding point will depend upon the approach clearance.

Air Law

1-15

Chapter 1

Abbreviations and Definitions

Filed Flight Plan — The flight plan, as filed with an ATS unit by the pilot or a designated representative, without any subsequent changes. Final Approach — That part of an instrument approach procedure which commences at the specified final approach fix or point, or where such a fix or point is not specified:  

At the end of the last procedure turn, base turn or inbound turn of a racetrack procedure, if specified, or At the point of interception of the last track specified in the approach procedure, and ends at a point in the vicinity of an aerodrome from which:  

A landing can be made, or A missed approach procedure is initiated

Final Approach and Take-Off Area (FATO) — A defined area over which the final phase of the approach manoeuvre to landing is completed and from which the take-off manoeuvre is commenced. Final Approach Segment — The segment of an instrument runway procedure in which alignment and descent for landing are accomplished. Fixed Light — A light having constant luminous intensity when observed from a fixed point. Flight Crew Member — A licensed crew member charged with duties essential to the operation of an aircraft during flight time. Flight Information Centre —A unit established to provide flight information service and alerting service. Flight Information Region —An airspace of defined dimensions within which flight information service and alerting service are provided. Flight Information Service — A service provided for the purpose of giving advice and information useful to the safe and effective conduct of flights. Flight Level — A surface of constant atmospheric pressure, which is related to a specific pressure datum, (1013.2 Hectopascals (hPa)) and is separated from other surfaces by specific pressure intervals. Note: A pressure type altimeter calibrated in accordance with the Standard Atmosphere:   

When set to a QNH — altimeter setting indicates altitude When set to a QFE — altimeter setting indicates height above the QFE reference datum When set to a pressure of 1013.2 hPa — altimeter can be used to indicate flight levels.

Note: The terms “height” and “altitude” used in the above note, indicate altimetric rather than geometric heights and altitudes.

1-16

Air Law

Abbreviations and Definitions

Chapter 1

Flight Plan — Specified information provided to Air Traffic Services Units, relative to an intended flight or portion of a flight of an aircraft. Flight Procedures Trainer — See Synthetic Flight Trainer. Flight Recorder — Any type of recorder installed in the aircraft for the purpose of complementing accident/incident investigation. Flight Simulator — See Synthetic Flight Trainer. Flight Time — The total time from the moment an aircraft first moves under its own power for the purpose of taking-off until the moment it comes to rest at the end of the flight. Note: Flight time as here defined is synonymous with the term “block to block” time or “chock to chock” time in general usage which is measured from the time an aircraft moves from the loading point until it stops at the unloading point. Flight Manual — A manual associated with the certificate of airworthiness, containing limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aircraft. Flight Visibility — The visibility forward from the cockpit of an aircraft in flight. Flow Control — Measures designed to adjust the flow of traffic into a given airspace, along a given route, or bound for a given aerodrome, so as to ensure the most effective utilization of the airspace. Forecast — A statement of expected meteorological conditions for a specified time or period, and for a specified area or portion of airspace. Frangible Object — An object of low mass designed to break, distort, or yield on impact so as to present the minimum hazard to aircraft. Glide Path — A descent profile determined for vertical guidance during a final approach. Ground Equipment — Articles of a specialised nature for use in the maintenance, repair, and servicing of an aircraft on the ground, including testing equipment and cargo/passenger-handling equipment. Ground Visibility — The visibility at an aerodrome, as reported by an accredited observer. Hazard Beacon — An aeronautical beacon used to designate a danger to air navigation. Heading — The direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass, or grid). Heavier-than-air Aircraft — Any aircraft deriving its lift in flight chiefly from aerodynamic forces.

Air Law

1-17

Chapter 1

Abbreviations and Definitions

Height — The vertical distance of a level, a point, or an object considered as a point, measured from a specified datum, other than mean sea level (MSL). Heliport — An aerodrome, or a defined area on a structure, intended to be used wholly or in part for the arrival, departure, and surface movement of helicopters. Holding Bay — A defined area where aircraft can be held, or bypassed, to facilitate efficient surface movement of aircraft. Holding Point — A specified location, identified by visual or other means, in the vicinity of which the position of an aircraft in flight is maintained in accordance with ATC clearances. Holding Procedure — A pre-determined manoeuvre that keeps an aircraft within a specified airspace while awaiting further clearance. Identification Beacon — An aeronautical beacon emitting a coded signal by means of which a particular point of reference can be identified. IFR — The symbol used to designate the instrument flight rules. IFR Flight — A flight conducted in accordance with instrument flight rules. IMC — The symbol used to designate instrument meteorological conditions. INCERFA — The code word used to designate an uncertainty phase. Incident — An occurrence, other than an accident, associated with the operation of an aircraft that affects, or could affect, the safety of operation Initial Approach Segment — That segment of an instrument approach procedure between the initial approach fix and the intermediate approach fix or, where applicable, the final approach fix or point, Instrument Approach Procedure — A series of pre-determined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed to a position at which holding or enroute obstacle clearance criteria apply. Instrument Flight Time —Time during which a pilot is piloting an aircraft solely by reference to instruments and without external reference points, Instrument Ground Time — Time during which a pilot is practising, on the ground, simulated instrument flight in a synthetic flight trainer approved by the licensing authority, Instrument Meteorological Conditions — Meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions. Note: The specified minima for VMC are contained within the Aviation Law Notes. 1-18

Air Law

Abbreviations and Definitions

Chapter 1

Instrument Runway — One of the following types of runways intended for the operation of aircraft using instrument approach procedures: Non-Precision Approach Runway —An instrument runway served by visual aids and a non-visual aid providing at least directional guidance adequate for a straight-in approach. Precision Approach Runway, Category I — An instrument runway served by ILS and/or MLS and visual aids intended for operations with a decision height not lower than 60 m (200 ft) and either a visibility not less than 800 m, or a runway visual range not less than 550 m.

Precision Runway, Category II — An instrument runway served by than ILS and/or MLSApproach and with visual aids intended for operations with a decision height lower 60 m (200 ft) but not lower than 30 m (100 ft) and a runway visual range not less than 350 m. Precision Approach Runway, Category III —An instrument runway served by ILS and/or MLS to and along the surface of the runway and: CAT IIIA — Intended for operations with a decision height lower than 30 m (100 ft), or no decision height and a runway visual range not less than 200 m. CAT IIIB — Intended for operations with a decision height lower than 15 m (50 ft), or no decision height and a runway visual range less than 200 m but not less than 50 m (JAR-OPS: 75 m). CAT IIIC — Intended for operations with no decision height and no runway visual range limitations. Instrument Time — Instrument flight time or instrument ground time. Integrated Aeronautical Information Package — A package which consists of the following elements:     

AIP, including the AIP Amendment service. Supplements to the AIP. NOTAM and pre-flight information bulletins (PIB). AIC. Checklists and summaries.

Intermediate Approach Segment — That segment of an instrument approach procedure between either:  

The intermediate approach fix and the final approach fix or point, or Between the end of a reversal, racetrack or DR track procedure and the final approach fix or point.

Air Law

1-19

Chapter 1

Abbreviations and Definitions

International Airport — Any airport designated by the Contracting State in whose territory it is situated as an airport of entry and departure for international air traffic, where the formalities incident to customs, immigration, public health, animal and plant quarantine, and similar procedures are carried out. International NOTAM Office — An office designated by a State for the exchange of NOTAM internationally. Investigation — A process conducted for the purpose of accident prevention that includes the gathering and analysis of information for the drawing of conclusions, including the determination of causes, and when appropriate, the making of safety recommendations. Landing Area — That part of a movement area intended for the landing or take-off of aircraft. Landing Direction Indicator — A device to indicate visually the direction currently designated for landing and for take-off. Landing Surface — That part of the surface of an aerodrome which the aerodrome authority has declared available for the normal ground or water run of aircraft landing in a particular direction. Level — A generic term relating to the vertical position of an aircraft in flight, and meaning variously, height, altitude, or flight level. Location Indicator — A four letter code group formulated in accordance with rules prescribed by ICAO and assigned to the location of an aeronautical fixed station. Maintenance — Tasks required ensuring the continued airworthiness of an aircraft including any one or combination of: overhaul, repair, inspection, replacement, modification, or defect rectification. Manoeuvring Area — That part of an aerodrome to be used for the take-off, landing, and taxiing of aircraft, excluding aprons. Marker — An object displayed above ground level in order to indicate an obstacle or delineate a boundary. Marking — A symbol or group of symbols displayed on the surface of the movement area in order to convey aeronautical information. Maximum Mass — Maximum certificated take-off mass. Medical Assessment — The evidence issued by a Contracting State that the licence holder meets specific requirements of medical fitness. It is issued following an evaluation by the licensing authority of the report submitted by the designated medical examiner who conducted the examination of the applicant for the licence.

Meteorological Office — An office designated to provide a meteorological service for international air navigation.

1-20

Air Law

Abbreviations and Definitions

Chapter 1

Meteorological Information — A meteorological report, analysis, forecast, and any other statement relating to existing or expected meteorological conditions. Meteorological Report — A statement of observed meteorological conditions related to a specified time and location. Minimum Descent Altitude (MDA) or Minimum Descent Height (MDH) —A specified altitude or height in a non-precision approach or circling approach below which descent must not be made without the required visual reference. Note: MDA is referenced to mean sea level and MDH is referenced to the aerodrome elevation to thefor threshold elevation if that is more than 2 maerodrome (7 ft) below the aerodrome elevation.or A MDH a circling approach is referenced to the elevation. Note: The required visual reference means that section of the visual aids or of the approach area that should have been in view for sufficient time for the pilot to make an assessment of the aircraft position and rate of change of position, in relation to the desired flight path. In the case of a circling approach the required visual reference is the runway environment. Minimum Sector Altitude — The lowest altitude which may be used which will provide a minimum clearance of 300 m (1000 ft) above all objects located in an area contained within a sector of a circle of 46 km (25 nm) radius centred on a radio aid to navigation. Missed Approach Point (MAPt) —That point in an instrument approach procedure at or before which the prescribed missed approach procedure must be initiated in order to ensure that the minimum obstacle clearance is not infringed. Missed Approach Procedure — The procedure to be followed if the approach cannot be continued. Mode (SSR) — The conventional identifier related to specific functions of the interrogation signals transmitted by an SSR interrogator. Movement Area — That part of an aerodrome to be used for the take-off, landing, and taxiing of aircraft, consisting of the manoeuvring area and the aprons. Non-Instrument Runway — A runway intended for the operation of aircraft using visual approach procedures. Normal Operating Zone (NOZ) —Airspace of defined dimensions extending either side of an ILS localizer course and/or MLS final approach track. Only the inner half of the normal operating zone is taken into account in independent parallel approaches. NOTAM — A notice distributed by means of telecommunication containing information concerning the establishment, condition, or change in any aeronautical facility, service, procedure, or hazard, the timely knowledge of which is essential to personnel concerned with flight operations.

Air Law

1-21

Chapter 1

Abbreviations and Definitions

No-transgression Zone (NTZ) —In the context of independent parallel approaches, a corridor of airspace of defined dimensions located centrally between the two extended runway centre lines, where a penetration by an aircraft requires a controller intervention to manoeuvre any threatened aircraft on the adjacent approach. Obstacle — All fixed (whether temporary or permanent) and mobile objects, or parts thereof that are located on an area intended for the surface movement of aircraft or that extend above a defined surface intended to protect aircraft in flight. Obstacle Assessment Surface (OAS) — A defined surface intended for the purpose of determining those obstacles to be considered for the calculation of obstacle clearance altitude/height for a specific ILS facility and procedure. Obstacle Clearance Altitude (OCA) or Obstacle Clearance Height (OCH) — The lowest altitude or the lowest height above the elevation of the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria. Note: OCA is referenced to mean sea level and OCH is referenced to the aerodrome elevation or to the threshold elevation if that is more than 2 m (7 ft) below the aerodrome elevation. An OCH for a circling approach is referenced to the aerodrome elevation. Obstacle Free Zone (OFZ) — The airspace above the inner approach surface, inner transitional surfaces, and balked landing surface and that portion of the strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-mass and frangible mounted one required for air navigation purposes. Operational Control — The exercise of authority over the initiation, continuation, diversion, or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight. Operator — A person, organisation, or enterprise engaged in or offering to engage in aircraft operation. Pavement Classification Number (PCN) — A number expressing the bearing strength of a pavement for unrestricted operation. Pilot (to) — To manipulate the flight controls of an aircraft during flight time. Pilot in Command — The pilot responsible for the operation and safety of the aircraft during flight. Power Unit — A system of one or more engines and ancillary parts that are together necessary to provide thrust, independently of the continued operation of any other power-unit(s), but not including short period thrust producing devices. Precision Approach Procedure — An instrument approach procedure utilizing azimuth and glide path information provided by ILS, MLS, or PAR.

1-22

Air Law

Abbreviations and Definitions

Chapter 1

Precision Approach Runway —See Instrument Runway. Pre-flight Information Bulletin (PIB) — A presentation of current NOTAM information of operational significance prepared prior to flight. Pressure Altitude — An atmospheric pressure expressed in terms of altitude that corresponds to that pressure in the standard atmosphere. Primary Area — A defined area symmetrically disposed about the nominal flight track in which full obstacle clearance is provided. Primary Radar — A radar system that uses reflected radio signals. Primary Runway(s) — Runway(s) used in preference to others whenever conditions permit. Procedure Turn — A manoeuvre in which a turn is made away from a designated track followed by a turn in the opposite direction to permit the aircraft to intercept and proceed along the reciprocal of the designated track. Note: Procedure turns are designated “left” or “right” according to the direction of the initial turn. Note: Procedure turns may be designated as being made either in level flight or while descending, according to the circumstances of each individual procedure. Prohibited Area — An airspace of defined dimensions, above the land areas or territorial waters of a state, within which the flight of aircraft is prohibited.

Racetrack Procedure — A procedure designed enable the aircraft reduce altitude during the initial approach segment and/or establish the to aircraft inbound whento the entry into a reversal procedure is not practical. Radar Approach — An approach in which the final approach phase is executed under the direction of a radar controller. Radar Clutter — The visual indication on a radar display of unwanted signals. Radar Contact — The situation which exists when the radar position of a particular aircraft is seen and identified on a radar display. Radar Control — Term used to indicate that radar derived information is employed directly in the provision of ATC service Radio Direction Finding Station —A radio station intended to determine only the direction of other stations by means of transmissions from the latter. Radar Identification — The situation that exists when the radar position of a particular aircraft is seen on a radar display and positively identified by the ATC controller.

Air Law

1-23

Chapter 1

Abbreviations and Definitions

Radar Monitoring — The use of radar for the purpose of providing aircraft with information and advice relative to significant deviations from nominal flight path, including deviations from the terms of their ATC clearances. Radar Position Indication (RPI) —The visual indication, in non symbolic and/or symbolic form, on a radar display, of the position of an aircraft obtained after automatic processing of positional data derived from primary and/or SSR. Radar Position Symbol (RIPS) —The visual indication, in symbolic form, on a radar display, of the position of an aircraft obtained after automatic processing of positional data derived from primary and/or SSR. Radar Separation — The separation used when aircraft position information is derived from radar sources. Radar Service — The term used to indicate a service provided directly by means of radar. Radar Vectoring — Provision of navigational guidance to aircraft in the form of specific headings, based on the use of radar. Rating — An authorisation entered on or associated with a licence and forming part thereof stating special conditions, privileges, or limitations pertaining to such a licence. Receiving Unit/Controller —ATS unit/ATC controller to which a message is sent. Rendering (a Licence) Valid — The action taken by a Contracting State, as an alternative to issuing its own licence, in accepting a licence issued by any other Contracting State as the equivalent of its own licence. Repetitive Flight Plan — A flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by ATS units. Reporting Point — A specified geographical location in relation to which the position of an aircraft can be reported. Required Navigation Performance (RNP) — A statement of the navigation performance accuracy necessary for operation within a defined airspace. Rescue Co-ordination Centre — A unit responsible for promoting efficient organization of search and rescue services and for coordinating the conduct of search and rescue operations within a search and rescue region. Restricted Area — An airspace of defined dimensions, above the land areas or territorial waters of a state, within which the flight of aircraft is restricted in accordance with certain specified conditions.

1-24

Air Law

Abbreviations and Definitions

Chapter 1

Reversal Procedure — A procedure designed to enable aircraft to reverse direction during the initial approach segment of an instrument approach procedure. The sequence may include procedure turns or base turns. Runway — A defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft. Runway End Safety Area (RESA) —An area symmetrical about the extended runway centre line and adjacent to the end of the strip primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the aerodrome.

Runway Guard —A light system intended to caution pilots or vehicle drivers that they are about to enter anLights active runway. Runway Strip — A defined area including the runway and stop way, if provided, intended:  

To reduce the risk of damage to aircraft running off the runway, and To protect aircraft flying over it during take-off and landing operations.

Runway Visual Range (RVR) —The range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line. Secondary Area — A defined area on each side of the primary area located along the nominal flight track in which decreasing obstacle clearance is provided. Secondary Radar — A radar system wherein a radio signal transmitted from the radar station initiates the transmission of a radio signal from another station. Secondary Surveillance Radar (SSR) — A surveillance radar system that uses a transmitter receiver system of interrogators and transponders. Serious Incident — An incident involving circumstances indicating that an accident nearly occurred. Note: The difference between an accident and a serious incident lies only in the result. Serious Injury — An injury which is sustained by a person in an accident and which:      

Requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received, or Results in a fracture of any bone (Not simple fractures of fingers, toes, or nose), or Involves lacerations which cause severe haemorrhage, nerve, muscle, or tendon damage, or Involves injury to any internal organ, or Involves second or third degree burns, or any burns affecting more than 5% of the body surface, or Involves verified exposure to infectious substances or injurious radiation.

Air Law

1-25

Chapter 1

Abbreviations and Definitions

Shoulder — An area adjacent to the edge of a pavement so prepared as to provide a transition between the pavement and the adjacent surface. SIGMET Information — Information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified enroute weather phenomena which may affect the safety of aircraft operations. Signal Area — An area of an aerodrome used for the display of ground signals. Significant Point — A specified geographical location used in defining an ATS route or the flight path of an aircraft, and for other navigation and ATS purposes. Slush — Water-saturated snow, which with a heel-and-toe slap down motion against the ground will be displaced with a splatter; Specific Gravity: 0.5 up to 0.8. Snow (On the ground) Dry Snow — Snow that can be blown if loose or, if compacted by hand, will fall apart again upon release: Specific Gravity is up to but not including 0.35. Wet Snow — Snow which, if compacted by hand, will stick together and tend to form a snowball: Specific Gravity is 0.35 up to but not including 0.45. Compacted Snow — Snow that has been compressed into a solid mass that resists further compression and will hold together or break up into lumps if picked up: Specific Gravity is 0.45 and over. SNOWTAM — A special series NOTAM notifying the presence or removal of hazardous conditions due to snow, slush, and ice on the movement area, by means of a special format. Special VFR Flight — A VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC. Standard Instrument Arrival (STAR) —A designated IFR arrival route linking a significant point, normally on an ATS route, with a point from which a published instrument approach procedure can be commenced. Standard Instrument Departure (SID) — A designated IFR departure route linking the aerodrome or a specified runway of the aerodrome with a specified significant point, normally on a designated ATS route, at which the enroute phase of a flight commences. State of Design — The State having jurisdiction over the organization responsible for the type design. State of Manufacture — The State having jurisdiction over the organization responsible for the final assembly of the aircraft. State of Occurrence — The State in the territory of which an accident or incident occurs.

1-26

Air Law

Abbreviations and Definitions

Chapter 1

State of the Operator — The State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence. State of Registry — The State on whose register the aircraft is entered. Stopway — A defined rectangular area on the ground at the end of TORA prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off. Synthetic Flight Trainer — Any one of the following three types of apparatus in which flight conditions are simulated on the ground: Flight Simulator — A flight simulator, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical and electrical systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated. Flight Procedures Trainer — A flight procedures trainer, which provides a realistic flight deck environment, and which simulates instrument responses, simple control functions of mechanical and electrical systems, and the performance and flight characteristics of aircraft of a particular class. Basic Instrument Flight Trainer —A basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions. Take-off Runway — A runway intended for take-off only. Take-off Surface — That part of the surface of an aerodrome which the aerodrome authority has declared available for the normal ground or water run of aircraft taking off in a particular direction. Taxi-Holding Position — A designated position at which taxiing aircraft and vehicles shall stop and hold position, unless otherwise authorised by the aerodrome control tower. Taxiing — The movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing, but including, in the case of helicopters, operation over the surface of an aerodrome within a height band associated with ground effect and at speeds associated with taxiing (e.g. air-taxiing).

Air Law

1-27

Chapter 1

Abbreviations and Definitions

Taxiway — A defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including: Aircraft Stand Taxi Lane — A portion of an apron designated as a taxiway and intended to provide access to aircraft stands only. Apron Taxiway — A portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron. Rapid Exit Taxiway — A taxiway connected to a runway at an acute angle and designated to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways and thereby minimizing runway occupancy times. Taxiway Intersection — A junction of two or more taxiways. Taxiway Strip — An area including taxiway intended to protect an aircraft operating on the taxiway and to reduce the risk of damage to an aircraft accidentally running off the taxiway. Terminal Control Area — A control area normally established at the confluence of ATS routes in the vicinity of one or more major aerodromes. Threshold (THR) — The beginning of that portion of the runway usable for landing. Total Estimated Elapsed Time — For IFR flights, the estimated time required from take-off to arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the destination aerodrome, to arrive over the destination aerodrome. For VFR flights, the estimated time required from take-off to arrive over the destination aerodrome. Touchdown — The point where the nominal glide path intercepts the runway. Touchdown Zone — The portion of a runway, beyond the threshold, where it is intended landing aeroplanes first contact the runway. Track — The projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic, or grid). Traffic Avoidance Advice — Advice provided by Air Traffic Services Unit specifying manoeuvres to assist a pilot to avoid a collision. Traffic Information — Information issued by an air traffic services unit to alert a pilot to other known or observed air traffic, which may be in proximity to the position or intended route of flight, and to help the pilot avoid a collision. Transfer of Control Point —A defined point located along the flight path of an aircraft, at which the responsibility for providing ATC service to the aircraft is transferred from one control unit or control position to the next.

1-28

Air Law

Abbreviations and Definitions

Chapter 1

Transferring Unit — ATCU in the process of transferring the responsibility for providing ATC service to an aircraft to the next ATCU along the route of flight. Transition Altitude — The altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes. Transition Layer — The airspace between the transition altitude and the transition level. Transition Level — The lowest flight level available for use above the transition altitude. Uncertainty Phase — A situation wherein uncertainty exists as to the safety of an aircraft and its occupants. VFR — The symbol used to designate the visual flight rules. VFR Flight — A flight conducted in accordance with the visual flight rules. Visibility — The ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent objects by night. Visual Approach — An approach by an IFR aircraft when either part or all of an instrument approach procedure is not completed and the approach is executed in visual reference to terrain. Visual Manoeuvring (Circling) Area — The area in which obstacle clearance should be taken into consideration for aircraft carrying out a circling approach. Visual Meteorological Conditions —Meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling equal to or better than the specified minima. Note: The specified minima are contained within these notes. VMC — The symbol used to designate visual meteorological conditions. Way-Point — A specified geographical location used to define an area navigation route or the flight path of an aircraft employing area navigation.

Air Law

1-29

Chapter 1

1-30

Abbreviations and Definitions

Air Law

BACKGROUND

Today, decisions concerning international civil aviation are taken by the member states of the International Civil Aviation Organization (ICAO). The JAR Aviation Law exam follows the Annexes and other documents of ICAO. These notes are designed to follow the JAR syllabus and are a summary of the reference material. Some of the language is difficult to follow because of the use of the words SHALL and SHOULD. SHALL refers to Standards; SHOULD refers to recommended practices.

INTRODUCTION For commercial aviation to operate, it is necessary for states to afford the airlines of other states the right to fly into and across their territory for both traffic and non-traffic purposes. Agreements are necessary to achieve this: 

Multilateral Agreements or conventions are entered into by a number of different states.



The most obvious one to the aviator is the Chicago Convention, from which ICAO was established. Bilateral Agreements are agreements between two states. The two most important of these are the International Airlater Transport Agreement and the International Air Services Transit Agreement, discussed in this chapter.

SAFETY International air transport is not just about navigation. The competitive nature of the business could create the obvious temptation to 'cut corners' and increase profit, so strict regulation is required to maintain safety. Over the years, the philosophy of ‘a safe airline is a profitable airline' has evolved. Both Authorities and Operators have embraced safety through a system of international agreements, which have been translated into law in the contracting states.

INTERNATIONAL LAW Just as no state has the right to interfere in the internal affairs of another state, no convention has the right to impose rules and regulations. Only the legislative body of a state can make and impose law in that state. So the agreements reached at international conventions have to be translated into national law. If a state accepts the agreement without modification, or after agreed modification, and it becomes national law, the process is known as 'ratification’. Because the text of the agreement is accepted by all states that ratify the agreement, the agreement is then 'international' in nature, and the ensuing law is also 'international'. The principal sources of International Air Law are treaties. They are the international agreements entered into between states. Such treaties or conventions may be multilateral or bilateral.

Air Law

2-1

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

SCHEDULED AND NON-SCHEDULED AIR SERVICES Since the Paris conference in 1919, the need has been recognised for international air services to be organised. Scheduling of flights by route and timing is essential for a successful commercial operation by giving the revenue paying users a reliable timetable and route structure. Within a state, scheduled operations are a matter for the authority of that state, whereas international scheduled operations require the compliance of the authorities of the states concerned. A scheduled air service requires international agreement negotiated at government level. A schedule implies that, once scheduled, the flight will be flown. An operator is not permitted to cancel a flight at short notice due to insufficient passengers. However, persistent low passenger numbers may force a revision or cancellation of the schedule or the combination of schedules (code sharing). Non-scheduled or charter operations are not generally open to the public. Charter operations are subject to international agreement for repetitive operations, whereas nonscheduled operations are 'one-off' and each flight is individually approved.

1919 AERONAUTICAL COMMISSION OF THE PARIS PEACE CONFERENCE At the time of the Paris Conference in 1919, the first international scheduled air service began between Croydon and Paris. This convention recognized that every state has complete and exclusive sovereignty over the airspace above its territory, and provided for the innocent passage of civil aircraft of other contracting states over that state’s territory. The conference recommended the creation of an international body to regulate civil aviation, which led to the formation of the International Commission for Air Navigation (ICAN). The conference also decided that each state should keep a register of aircraft used for commercial purposes.

CONVENTION OF THE UNIFICATION OF CERTAIN RULES TO INTERNATIONAL CARRIAGE BY AIR (WARSAW 1929) This convention, to which 108 states are party, is one of the most widely accepted unifications of private law. It unifies legislation on:   

Documentation on the carriage of passengers, baggage, and cargo. The financial liability of airlines (operators). The question of jurisdiction, by defining the courts before which any action may be brought.

This convention was amended and simplified by the 1955 Hague Protocol. The Montreal Agreement of 1966 further amended the financial liability of operators. The convention lays down uniform rules governing the air carrier's liabilities in respect of passengers and goods. The Warsaw Convention deals only with rights and obligations of contracting carriers and applies to the international carriage of persons, baggage, or cargo performed by aircraft for reward.

2-2

Air Law

The History of Aviation Law and the Chicago Convention 1944

Chapter 2

PASSENGER TICKET A passenger ticket shall be issued for each flight containing:   

 

The place and date of issue. An indication of the place of departure and destination. The agreed stopping places, provided that the carrier may reserve the right to alter the stopping places, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character. The name and address of the carrier or carriers. A statement that the carriage is subject to the rules relating to the liability established by this convention usually printed on the ticket jacket.

The absence, irregularity, or loss of the passenger ticket does not affect the validity of the contract of carriage, which shall be subject to the rules of the convention. If a carrier accepts a passenger without a ticket, the carrier will not be able to fall back on the provisions of the convention that limit liability. If a carrier issues an 'electronic' ticket, then the provisions of the Warsaw Convention must be communicated by other means.

BAGGAGE CHECK For luggage, other than small personal objects that the passengers take themselves, the carrier must issue a luggage ticket. The luggage ticket is made out in duplicate, one for the passenger and the other for the carrier.

LIABILITY OF THE CARRIER The Treaty also imposed limitations on the liability of the operator. However, where gross negligence can be proved, the limit of liability is removed. Currently, the limit of liability for death of a passenger is $100 000.

1944 CONVENTION ON INTERNATIONAL CIVIL AVIATION (THE CHICAGO CONVENTION) During the Second World War, the United States Government convened a conference at Chicago in 1944 to determine the future of commercial aviation when the war ended. Such importance was attached to the subject matter that 55 allied and neutral states sent representatives to Chicago. The outcome was the Convention on International Civil Aviation, which is now the fundamental basis for agreement upon which the industry is founded. The 'agreement' is in two parts. The first covers International Air Navigation, and the second covers the organisation that administers the terms and conditions of the agreement. In common with other international conferences, the agreement is laid out in article form, where each individual article stands alone as a definitive statement. You are not required to recall the content of articles by number, but to have a broad understanding of what the agreement contains.

Air Law

2-3

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

PART I – AIR NAVIGATION Article 1 — Sovereignty

The Contracting States recognise that every State has complete and exclusive sovereignty over the airspace above its territory. Article 2 — Territory

For the purposes of this convention, the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection, or mandate of such a State. Suzerainty

Is the acceptance by one state of the protection of another state. It has srcins in feudal relationships. In aviation, it relates to the acceptance by one state of the regulation of its airspace by another state (e.g. the relationship between France and Monaco. Monaco has no aerodromes and no ATC system and has asked France to administer the control of air traffic over the territory of the State. French law is applied to Monegasque [Monaco] airspace). Article 3 — Civil and State Aircraft

This convention shall be applicable only to civil aircraft, and not to State aircraft:   

Aircraft used in military, customs, and police services shall be deemed to be State aircraft. No State aircraft of a Contracting State shall fly over the territory of another State or land without authorization by special agreement or otherwise. The Contracting States undertake, when issuing regulations for their State aircraft, that they will have due regard for the safety of navigation of civil aircraft.

Article 4 — Misuse of Civil Aircraft

Each Contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this convention. Article 5 — Right of Non-Scheduled Aircraft

Each Contracting State agrees that all aircraft of other Contracting States, not engaged in scheduled international air services, shall have the right to make flights into or transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission. This is subject to the right of the state flown over, which may require the aircraft to land. Each Contracting State reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights. Such aircraft, if engaged on the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also subject to the provisions of Article 7, have the right to take on or discharge passengers, cargo, or mail. This is subject to the right of any State, where such embarkation or discharge takes place, to impose such regulations, conditions, or limitations as it may consider desirable. Article 6 — Scheduled Air Services

No operation of scheduled international air service may be operated over or into the territory of a Contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization. 2-4

Air Law

The History of Aviation Law and the Chicago Convention 1944

Chapter 2

Article 7 — Cabotage

Each Contracting State shall have the right to refuse permission to the aircraft of other Contracting States to take on in its territory passengers, mail, and cargo carried for remuneration or hire and destined for another point within its territory. Each Contracting State undertakes not to enter into any arrangements that specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State. Article 10 — Landing At Customs Airport

Except in a case where, under the terms of this Convention or a special authorization, aircraft are permitted to cross the territory of a Contracting State without landing, every aircraft which enters the territory of a Contracting State shall, if the regulations of that State so require, land at an airport for the purpose of customs and other examination. On departure from the territory of a Contracting State, aircraft shall also depart from a designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the ICAO established under Part II of this Convention for communication to all other Contracting States. Customs Airports are frequently called 'International' airports. Article 11 — Applicability of Air Regulations

Subject to the provisions of this Convention, the laws and regulations of a Contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all Contracting States without distinction as to nationality, and shall be complied with by aircraft upon entering or departing from or while within the territory of that State. Article 12 — Rules of the Air

Each Contracting State agrees to adopt measures to ensure that all aircraft flying over or manoeuvring within its territory and that every aircraft carrying its nationality mark shall comply with the rules and regulations relating to the flight and manoeuvres of aircraft there in force. Each Contracting State undertakes to keep its own regulations uniform, to the greatest possible extent, with those rules established under the Convention. Over the high seas, the rules in force shall be those established under the Convention. Each Contracting State undertakes to ensure the protection of all persons violating the regulations applicable. Article 13 — Entry and Clearance Regulations

The laws and regulations of a Contracting State as to the admission to or departure from its territory of passengers, crew, or cargo of aircraft, such as entry clearance, immigration, passports, customs, and quarantine, shall be complied with by or on behalf of passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State. Article 17 — Nationality of Aircraft

Aircraft have the nationality of the State in which they are registered. Article 18 — Dual Registration

An aircraft cannot be validly registered in more than one State, but its registration may be changed from one State to another.

Air Law

2-5

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

Article 19 — National Laws Governing Registration

The registration or transfer of registration of aircraft in any Contracting State shall be made in accordance with its laws and regulations. Article 20 — Display of Marks

Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks. Article 22 — Facilitation of Formalities

Each Contracting State agrees to adopt all practicable measures to facilitate and expedite navigation by aircraft between the territories of Contracting States. This includes the prevention of unnecessary delays to aircraft, crews, passengers, and especially in the administration of the laws relating to immigration, quarantine, customs, andcargo, clearance. Article 24 — Customs Duty 



Aircraft on a flight to, from, or across the territory of another Contracting State shall be admitted temporarily free of duty, subject to the customs regulations of the State. Fuel, lubricating oils, spare parts, regular equipment and aircraft spares on board an aircraft of a Contracting State, on arrival in the territory of another Contracting State and retained on board on leaving the territory of that State shall be exempt from customs duty, inspection fees or similar national or local duties and charges. This exemption shall not apply to any quantities or articles unloaded, except in accordance with the customs regulations of the State, which may require that they shall be kept under customs supervision. Spare parts and equipment imported into the territory of a Contracting State for incorporation in or use on an aircraft of another Contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State concerned, which may provide that the articles shall be kept under customs supervision and control.

Article 25 — Aircraft In Distress

Each Contracting State undertakes to provide such measures of assistance to aircraft in distress in its territory as is practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered to provide assistance as may be necessitated by the circumstances. Each Contracting State, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time by the convention. Article 26 — Investigation of Accidents

In the event of an accident to an aircraft of a Contracting State occurring in the territory of another Contracting State, and involving death or serious injury, or indicating serious technical defect in the aircraft or air navigation facilities, the State in which the incident occurs will institute an inquiry into the circumstances of the accident, in accordance, so far as its laws permit, with the procedure which may be recommended by the ICAO. The State holding the inquiry shall communicate the report and findings in the matter to the other State.

2-6

Air Law

The History of Aviation Law and the Chicago Convention 1944

Chapter 2

Article 31 — Certificates of Airworthiness

All aircraft engaged in international air navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered. Article 32 — Licences of Personnel

The pilot of every aircraft and the other members of the operating crew of all aircraft engaged in international navigation shall be provided with:  

Certificates of competency, and Licences issued or rendered valid by the State in which the aircraft is registered.

Each Contracting State reserves the right to refuse to recognize, for the purposes of flight above its own territory, certificates of competency and licences granted to any of its nationals by other Contracting States. Article 33 — Recognition of Certificates And Licences

Certificates of airworthiness and certificates of competency and licences issued or rendered valid by the Contracting State in which the aircraft is registered, shall be recognized as valid by other Contracting States, provided that the requirements under which certificates or licences were issued or rendered valid are equal to or above the minimum standards established by the Convention. Article 36 — Photographic Apparatus

Each Contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory. Article 37 — Adoption of International Standards And Procedures

Each Contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end the ICAO shall adopt and amend, as may be necessary, international standards and recommended practices and procedures dealing with:           

Communications systems and air navigation aids, including ground marking Characteristics of airports and landing areas Rules of the air and air traffic control practices Licensing of operating and mechanical personnel Airworthiness of aircraft Registration and identification of aircraft Collection and exchange of meteorological information Log books Aeronautical maps and charts Customs and immigration procedures Aircraft in distress and investigation of accidents

and other such matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate.

Air Law

2-7

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

Article 38 — Departures From International Standards and Procedures

Any State which finds it impracticable to comply in all respects with the Standards and Recommended Practices adopted by ICAO may give notice of such to the Council. Many states adopt the ICAO SARPS without reservation whilst others (the UK, the USA and Russia in particular) have notified extensive 'differences' in their procedures. The list of 'differences' is recorded in GEN section 7 of the AIP of the state.

PART II — THE INTERNATIONAL CIVIL AVIATION ORGANISATION An organization to be named the International Civil Aviation Organization is formed by the Convention. necessary. It is made up of an Assembly, a Council, and such other bodies as may be

THE ORGANISATION ASSEMBLY All Contracting States one member one vote

COUNCIL 33 Contracting States elected by the Assembly (President of the Council is elected by the Council)

Air Navigation Commission

Air Transport Committee

Legal Committee

Committee on Joint Support of Air Navigation Services

Finance Committee

Committee on Unlawful Interference

Air Navigation Commission

15 members appointed by the Council. Air Transport Committee

Appointed by the Council. Legal Committee Committee on Joint Support of Air Navigation Services

Not more than 11 members, with not less than 9 members, appointed by the Council. Finance Committee

Not more than 13 members, with not less than 9 members, appointed by the Council. Committee on Unlawful Interference

15 members appointed by the Council.

2-8

Air Law

The History of Aviation Law and the Chicago Convention 1944

Chapter 2

Objectives

The aims and objectives of the organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to:         

Ensure the safe and orderly growth of international civil aviation throughout the world. Encourage the arts of aircraft design and operation for peaceful purposes. Encourage the development of airways, airports and air navigation facilities for international civil aviation. Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport. Prevent economic waste caused by unreasonable competition. Ensure that the rights of Contracting States are fully respected and that every Contracting State has a fair opportunity to operate international airlines. Avoid discrimination between Contracting States. Promote safety of flight in international air navigation. Promote generally the development of all aspects of international civil aeronautics.

THE ASSEMBLY The Assembly shall meet not less than once every three years and shall be convened by the Council at a suitable time and place. An extraordinary meeting of the Assembly may be held at any time upon the call of the Council or at the request of not less than 1/5th of the total number of Contracting States. All Contracting States shall have an equal right to be represented at the meetings of the Assembly and each Contracting State shall be entitled to one vote. A majority of the Contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast.

ANNEXES TO THE CONVENTION The annexes are the basis of the ICAO procedures and practices: Annex 1 — Personnel Licensing. Annex 2 — Rules of the Air. Annex 3 — Meteorological Services. Annex 4 — Aeronautical Charts. Annex 5 — Dimension Units. Annex 6 — Operation of Aircraft. Annex 7 — Aircraft Nationality and Registration Marks. Annex 8 — Airworthiness of Aircraft. Annex 9 — Facilitation. Annex 10 — Aeronautical Telecommunications. Annex 11 — Air Traffic Services. Annex 12 — Search and Rescue. Annex 13 — Aircraft Accident Investigation. Annex 14 — Aerodromes. Annex 15 — Aeronautical Information Service. Annex 16 — Environmental Protection. Annex 17 — Security. Annex 18 — Transport of Dangerous Goods. Air Law

2-9

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

ICAO regulations are not automatically the law of a contracting state. All regulations have to be enacted as part of the law of that state. Status of Annex Components

All Annexes are made up of the following components, not all of which are necessarily found in every Annex: Standards and Recommended Practices

Standards and Recommended Practices (generally known as SARPs) are adopted by the ICAO Council under the provisions of the Chicago Convention. They are defined as follows: Standard

Any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as necessary for the safety or regularity of International Navigation and to which Contracting States will conform in accordance with the convention. In the event of non-compliance then notification to the council is compulsory. The word 'SHALL' defines a standard. Recommended Practice

Any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as desirable for the safety or regularity of International Navigation and to which Contracting States will endeavour to conform in accordance with the convention. In the event of non-compliance then notification to the council is not compulsory. The word 'SHOULD' defines a recommended practice. Procedures for Air Navigation Services (PANS)

These are procedures that have been adopted by the council for worldwide use. They can contain:  

New procedures, or those which are too complicated or detailed for inclusion in an Annex. Operating procedures that have not attained a status for adoption as International Standards and Recommended Practices.

Regional Supplementary Procedures (SUPPS)

These procedures are similar in status to the PANS but are for application in their respective regions. Technical Manuals

These documents amplify the SARPs and PANS. They are designed to assist in the use of the relevant document. Air Navigation Plans

Air Navigation detailICAO the Air requirements for facilities and services for international air navigation in thePlans respective Navigation Regions.

2-10

Air Law

The History of Aviation Law and the Chicago Convention 1944

Chapter 2

ICAO Circulars

Any information that is of specific interest to contracting states is transmitted by these documents.

OTHER INTERNATIONAL AGREEMENTS MADE AT CHICAGO By the nature of the assembled national delegations at Chicago in 1944, it was not possible to reach unanimous agreement on all the matters discussed. Individual states demanded to retain territorial rights over their airspace, and in general this was respected. In order to make the agreements work, a system of bilateral agreements was established which permitted states to be selective in which other states they entered into the agreements with. In essence, if state A did not want the aircraft of state B flying unrestricted over its airspace, then it did not enter into an agreement with that state.

THE INTERNATIONAL AIR TRANSPORT AGREEMENT AND THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT These bilateral agreements established what are known as the “The Five Freedoms of the Air”. These freedoms are: One

The freedom of innocent passage. The right to fly across the territory of a state without landing.

Two

Freedom of Facilities. The right to use (land in) foreign territory to refuel or carry out maintenance. This does not give any traffic rights.

Three The right to carry revenue traffic

(1)

from the operator state (A) to a treaty partner

state (B). Four

The right to carry revenue traffic from a treaty partner state (B) to the operator state (A).

Five

The right to carry revenue traffic between any points of landing on flights between 3 or more treaty partner nations (A to B to C). This is the most important 'freedom' as it effectively facilitates international traffic operations. The term 'a fifth freedom flight' is used extensively. (Do not get this freedom mixed up with Cabotage)

Note 1: Revenue traffic is defined as the carriage of passengers, mail, or cargo.

Freedoms one and two are known as technical freedoms, and freedoms three, four, and five are the commercial freedoms.

SUPPLEMENTARY FREEDOMS Since 1944, evolution of international air transport has led to situations not envisioned at Chicago. These are now embodied in 'new' freedoms. (These are outside the learning objectives for 010 — Air Law). Six

Air Law

A combination of Freedoms 3 and 4. Revenue traffic flown between two treaty partner states (A to C) through the carrier state (B).

2-11

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

Seven Revenue traffic flown between two nations (A and B) by carrier of a third nation

(C) without the flight srcinating, terminating, or landing in state C. Eight

Cabotage (within the EEC) The right to carry revenue traffic between two points within a treaty (EEC) nation by the carrier of another EEC nation, whilst allowing the treaty organisation (EEC) to apply cabotage to non-treaty nations.

Nine

Code Sharing. The combining of two or more scheduled flights under one operation. This preserves the schedules but economises on aircraft and effectively increases passenger loading. Technically, this is a breach of the schedule agreement between states. However, reduced pollution, reduced noise nuisance, increased profits, and reduced aerodrome loading all make code sharing attractive to both aviation authorities and operators alike.

THE CONVENTION OF TOKYO 1963 Following concern about unlawful seizure of aircraft in the early 1960s, the Japanese Government convened a meeting to tackle the problem. Unfortunately, there was no mechanism for the imposition of authority over flights outside the territory of a state as there was for shipping, so the convention was mainly concerned with establishing jurisdiction rather than addressing the problem of air piracy. The agreements made at this convention cover offences and certain other acts committed on board aircraft including unlawful seizure. The convention covers the jurisdiction of the pilot in command and national jurisdiction. National Jurisdiction

The convention states that the State of Registry of an aircraft is responsible for exercising jurisdiction over offences and acts committed on board, with the stipulation that the authority of any other state does not apply (see Jurisdiction of Other States). The State of Registry should take all legal steps necessary to ensure this. Jurisdiction of Other States

A contracting state, which is not the State of Registry, may interfere with an aircraft in flight in order to exercise legal control over any offence committed on board when:      

An offence has been committed on board in the territorial airspace of that state. An offence committed on board has an effect on the territory of the state. An offence has been committed on board against a national, or permanent resident, of that state. An offence has been committed on board against the security of that state. The offence committed is a breach of the rules or regulations relating to the flight of aircraft in that state. The exercise of jurisdiction is necessary to ensure the observance of any multinational agreements between states.

Pilot in Command

If a person commits, or is about to commit, an unlawful act on board an aircraft, the aircraft commander may impose reasonable measures, including restraint, considered necessary:  

2-12

To protect the safety of the aircraft, persons or property on board. To maintain good order and discipline. Air Law

The History of Aviation Law and the Chicago Convention 1944



Chapter 2

To enable handing a person over to the competent authorities. This can include removal of a passenger from an aircraft, or refusal of permission for a person to board an aircraft.

To carry out his task the aircraft commander may require the assistance of other crew members. Passengers may also be asked to assist, if necessary.

THE HAGUE CONVENTION OF 1970 Following the Tokyo Convention, and after a spate of politically motivated terrorists hijackings, ICAO called a convention hosted by the Dutch government to address this problem. The Convention for the Suppression of Unlawful Seizure of Aircraft defines the act of unlawful seizure and the measures to be taken by contracting states to enforce severe punishment upon perpetrators. This agreement specifies extradition of offenders and obliges contracting states to extradite offenders.

THE MONTREAL CONVENTION OF 1971 The Convention for the Suppression of Unlawful Acts Against the safety of Civil Aviation compliments the Hague Convention by making it an offence to:     

Commit acts of violence on board aircraft that endanger people and property and the safety of the aircraft. Destroy an aircraft in service or cause damage which renders the aircraft incapable of flight or which is likely to endanger the safety of flight. Place a device on board an aircraft that is likely to destroy the aircraft, damage it, or render it unfit for flight. Destroy or damage any navigation facility or interference with its correct operation. Interfere with aircraft communications or transmit information known to be false that endangers the safety of an aeroplane in flight.

THE PROTOCOL TO THE MONTREAL CONVENTION OF 1971 This extended the Montreal Convention to include offences committed at aerodromes serving international civil aviation, including the intentional use of any device, substance or weapon:    

Likely to cause serious injury or death. To destroy or seriously damage the facilities of an airport. To destroy or damage aircraft not in service at the airport. To disrupt the services at an airport.

Note: In this context, a protocol is a diplomatic method whereby the content of an agreement can

be amended without the need to re-convene the entire convention.

Air Law

2-13

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

ADDENDUM TO CHAPTER 2 The LOs for 010 Air Law require the student to have knowledge of defined parts of the Chicago Convention. For completeness, the remaining Articles of the Convention (those not covered in the body of Chapter 2) are reproduced below. The Convention on International Civil Aviation (Chicago Convention) Article 8 — Pilotless Aircraft

No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a Contracting State without special authorization by that State and in accordance with the terms of such authorization. Each Contracting State undertakes to ensure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be controlled as to obviate danger to civil aircraft. Article 9 — Prohibited Areas 





Each Contracting State may, for reasons of military necessity or public safety, restrict or prohibit the aircraft of other States from flying over certain areas of its territory. This is provided that no distinction in this respect is made between the aircraft of the State whose territory is involved. Prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Descriptions of prohibited areas in the territory of a Contracting State, as well as any subsequent alterations, shall be communicated as soon as possible to other Contracting States and to the ICAO. Each Contracting State reserves the right, in exceptional circumstances or during a period of emergency, or in the interests of public safety, and with immediate effect, to restrict or prohibit flying over the whole or any part of its territory temporarily. Such a restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States. Each Contracting State, under anyparagraphs regulationsabove as it may prescribe may require aircraft entering the areas in the to effect a landing as soonany as practicable thereafter at a designated airport within its territory.

Article 14 — Prevention of Spread of Disease

Each Contracting State agrees to take effective measures to prevent the spread by means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague, and such other communicable disease as the Contracting States shall from time to time decide to designate. To that end Contracting States will keep in close consultation with the agencies concerned with international regulations relating to sanitary measures applicable to aircraft. Consultation shall be without prejudice to the application of any existing international convention on this subject to which the Contracting States may be parties. Article 16 — Search of Aircraft

The appropriate authorities of each of the Contracting States shall have the right without unreasonable delay, to search aircraft of the other Contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention.

2-14

Air Law

The History of Aviation Law and the Chicago Convention 1944

Chapter 2

Article 21 — Report of Registrations

Each Contracting State undertakes to supply to any other Contracting State or to the ICAO, on demand, information concerning the registration and ownership of any particular aircraft registered in that State. Each Contracting State shall furnish reports to the ICAO, under any regulations as the latter may decide upon, pertinent data concerning the ownership and control of aircraft registered in that State and engaged in international air navigation. The data obtained by the ICAO shall be made available to the other Contracting States. Article 23 — Customs and Immigration Procedures

Each Contracting State undertakes, so far as practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended by the Convention. Nothing in this Convention shall be construed as preventing the establishment of customs free airports. Article 28 — Air Navigation Facilities and Standard Systems

Each Contracting State undertakes, so far as it may be practicable, to: 





Provide, in its territory, airports, radio services, meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or established by the Convention. Adopt and put into operation the appropriate standard systems of communications procedures, codes, markings, signals, lighting and other operational practices and rules which may be recommended or established by the Convention. Collaborate in international measures to secure the publication of aeronautical maps and charts in accordance with standards that may be recommended or established by the Convention.

Article 29 — Documents Carried in Aircraft

An aircraft of a Contracting State, engaged in international air navigation, shall carry the following documents in order to conform with the Convention:       

A certificate of registration A certificate of airworthiness The appropriate licences for each member of the crew A journey log book If equipped with radio apparatus, the aircraft radio station licence If passengers are carried, a list of their names and places of embarkation and destination If cargo is carried, a manifest and detailed declarations of the cargo

Article 30 — Aircraft Radio Equipment 



Air Law

Aircraft of a Contracting State may, in or over the territory of other Contracting States, carry radio-transmitting apparatus if a licence to install and operate the radio has been issued by the appropriate authorities of the State in which the aircraft is registered. The use of radio transmitting apparatus in the territory of the Contracting State whose territory is flown over shall be in accordance with the regulations prescribed by that State. Radio transmitting apparatus can only be used by members of the flight crew who are provided with a radio licence issued by the appropriate authorities of the State in which the aircraft is registered. 2-15

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

Article 34 — Journey Log Books

All aircraft engaged in international navigation shall have a journey log book in which shall be entered particulars of the aircraft, its crew and of each journey. Article 35 — Cargo Restrictions

No munitions of war or implements of war may be carried in or above the territory of a State by aircraft engaged in international navigation, except by permission of that State. Each State shall determine what constitutes munitions of war for the purposes of this article, giving due consideration, for the purposes of uniformity, to the recommendations made by ICAO. Each Contracting State reserves the right, for reasons of public order and safety, to regulate or prohibit the carriage above, provided that: in or above its territory of articles other than those listed in the paragraph  

No distinction is made in this respect between its national aircraft engaged in international navigation and the aircraft of the other States, and No restriction shall be imposed which may interfere with the carriage and use on aircraft of apparatus necessary for the operation or navigation of the aircraft or the safety of the personnel or passengers.

Article 39 — Endorsement of Certificates and Licences 



Any aircraft or part thereof with respect to which there exists an international standard of airworthiness or performance, and which failed in any respect to satisfy the standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete list of the details in respect of which it failed. Any person holding a licence who does not satisfy in full the conditions laid down in the international standard relating to the class of licence or certificate which he holds shall have endorsed on or attached to his licence the details of the particulars in which he does not satisfy such conditions.

Article 40 — Validity of Endorsed Certificates and Licences

No aircraft or personnel having certificates or licences so endorsed shall participate in international navigation, except with the permission of the State or States whose territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was srcinally certificated shall be at the discretion of the State into which the aircraft or part is imported. Article 47 — Legal Capacity

The organization shall enjoy in the territory of each Contracting State such legal capacity as may be necessary for the performance of its functions. Article 49 — Powers and Duties of the Assembly

The powers and duties of the Assembly shall be to:     2-16

Elect at each meeting its president and other officers Elect the Contracting States to be represented on the Council, in accordance with the provisions of Chapter IX Examine and take appropriate action on the reports of the Council and decide on any matter referred to it by the Council Determine its own rules of procedure and establish such subsidiary commissions as it may consider to be necessary or desirable Air Law

The History of Aviation Law and the Chicago Convention 1944

   

 



Chapter 2

Vote annual budgets and determine the financial arrangements of the organization, in accordance with the provisions of Chapter XII Review expenditures and approve the accounts of the organization Refer, at its discretion, to the Council, to subsidiary commissions, or to any other body any matter within its sphere of action Delegate to the Council the powers and authority necessary or desirable for the discharge of the duties of the organization and revoke or modify the delegations of authority at any time Carry out the appropriate provisions of Chapter XIII Consider proposals for the modification or amendment of the provisions of this Convention and, if it approves of the proposals, recommend them to the Contracting States in accordance with the provisions of Chapter XXI Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council

CHAPTER IX — THE COUNCIL Article 50 — Composition and Election of the Council 



The Council shall be a permanent body responsible to the Assembly. It is composed of 33 Contracting States elected by the Assembly. An election shall be held at the first meeting of the Assembly and thereafter every 3 years. Elected members of the Council hold office until the following election In electing the members of the Council, the Assembly shall give adequate representation to: The States of chief importance in air transport The States not otherwise included which make the largest contribution to the provision of facilities for international civil air navigation, and • •



The States not otherwise included whose designation will insure that all the major geographic areas of the world are represented The Assembly shall fill any vacancy on the Council as soon as possible; any Contracting State so elected to the Council shall hold office for the unexpired portion of its predecessor’s office No representative of a Contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service •



Article 51 — President of Council

The Council shall elect its president for a term of 3 years. He may be re-elected. He shall have no vote. The Council shall elect from its members one or more vice presidents who shall retain their right to vote when serving as acting president. The president need not be selected from among the representatives of the members of the Council but, if a representative is elected, his seat shall be deemed vacant and it shall be filled by the State that he represented. The duties of the president shall be to: 

Convene meetings of  

The Council The Air Transport Committee The Air Navigation Commission Serve as representative of the Council Carry out on behalf of the Council the functions which the Council assigns to him 

  Air Law

2-17

Chapter 2

The History of Aviation Law and the Chicago Convention 1944

Article 54 — Mandatory Functions of the Council

The Council shall:    

   



 



 

Submit annual reports to the Assembly Carry out the directions of the Assembly and discharge the duties and obligations which are laid on it by this Convention Determine its organization and rules of procedure Appoint and define the duties of an Air Transport Committee, which shall be chosen from among the representatives of the members of the Council, and which shall be responsible to it Establish an Air Navigation Commission, in accordance with the provisions of Chapter X Administer the finances of the Organization in accordance with the provisions of Chapter XII and XV Determine the emoluments of the president of the Council Appoint a chief executive officer who shall be called the secretary-general, and make provision for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI Request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services including information about the costs of operation and particulars of subsidies paid to airlines from public funds Report to Contracting States any infraction of this Convention, as well as any failure to carry out recommendations or determinations of the Council Report to the Assembly any infraction of this Convention where a Contracting State has failed to take appropriate action within a reasonable time after notice of the infraction Adopt, in accordance with the provisions of Chapter VI of this Convention, international standards and recommended practices; for convenience designate them as Annexes to this Convention; and notify all Contracting States of the action taken Consider recommendations of the Air Navigation Commission for amendment of the Annexes and take action in accordance with the provisions of Chapter XX Consider any matter relating to the Convention to which any Contracting State refers

Article 55 — Permissive Function of the Council

The Council may: 

 





2-18

Where appropriate and as experience may show to be desirable, create subordinate air transport commissions on a regional or other basis and define groups of States or airlines with or through which it may deal to facilitate the carrying out of the aims of this Convention Delegate to the Air Navigation Commission duties additional to those in the Convention and revoke or modify such delegations of authority at any time Conduct research into all aspects of air transport and air navigation which are of international importance, communicate the results of its research to the Contracting States, and facilitate the exchange of information between Contracting States on air transport and air navigation matters Study any matters affecting the organization and operation of international air transport, including the international ownership and operation of international air services on trunk routes, and submit to the Assembly plans in relation thereto Investigate, at the request of any Contracting State, any situation which may appear to present avoidable obstacles to the development of international air navigation; and after such investigation, issue such reports as may appear to be desirable Air Law

The History of Aviation Law and the Chicago Convention 1944

Chapter 2

CHAPTER X — THE AIR NAVIGATION COMMISSION Article 56 — Nomination and Appointment of the Commission

The Air Navigation Commission is composed of 15 members appointed by the Council from among the persons nominated by Contracting States; these persons shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all Contracting States to submit nominations. The Council shall appoint the president of the Air Navigation Commission. Article 57 — Duties of the Commission

The Air Navigation Commission shall:   

Air Law

Consider and recommend to the Council for adoption, modifications of the Annexes to this Convention Establish technical sub-commissions on which any Contracting State may be represented, if it so desires Advise the Council concerning the collection and communication to the Contracting States of all information which it considers necessary and useful for the advancement of air navigation

2-19

Chapter 2

2-20

The History of Aviation Law and the Chicago Convention 1944

Air Law

THE INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) IATA is a body whose members are composed of airlines. The functions of IATA include the establishment of uniform fares, uniform ticketing arrangements, and other procedures. The IATA interlining agreements led to carriers accepting other carriers’ tickets and waybills. This not only allows 'consortium' operations (One World, etc.) but also makes regional feeder services viable. IATA acts as the fare distribution agent, paying the small feeder/regional airline, then recovers the cost from the primary (international) carrier.

THE CONVENTION OF ROME 1933/1952 This convention produced uniformity in place of the differing national laws covering the liability of the owner or operator of an aircraft that causes damage to persons or property on the ground. In simple terms, the operator is liable for any damage, but the liability is limited to a sum that is proportionate to the weight of the aircraft. The Convention makes it compulsory to insure against this liability. A later Rome Convention looked at the problems of damage caused by foreign aircraft to third parties on the surface of the earth. The amount of compensation is limited, but carriers are liable for damage caused to third parties. The convention does accept compulsory recognition and execution of any foreign judgement on damage to third parties. The 1933 convention also regulated the right of arrest where an aircraft is seized in the case of debt.

COMMERCIAL PRACTICES AND ASSOCIATED RULES (LEASING) The learning objectives require the student to have knowledge of the practice and terminology of leasing aeroplanes. The reference for Leasing is JAR-OPS. Terms used in JAR-OPS 1.165 have the following meaning: AOC

Air Operators Certificate, a document issued by the Authority of a State allowing an Operator to conduct public transport flights. Dry lease The aeroplane is operated under the AOC of the lessee (the company leasing the aeroplane). Wet lease The aeroplane is operated under the AOC of the lessor (the company who let the aircraft out). JAA operator An operator certificated under JAR-OPS Part 1 by one of the JAA Member States. Lease In The process of 'borrowing' an aeroplane. Lease Out

Air Law

The process of 'lending' an aeroplane.

3-1

Chapter 3

Other International and European Organisations

LEASING OF AEROPLANES BETWEEN JAA OPERATORS Wet lease-out. If a JAA operator retains all functions and responsibilities prescribed in Subpart C of JAROPS when providing an aeroplane and complete crew to another JAA Operator, then that operator remains the operator of the aeroplane. All leases except wet lease-out. Any leasing activity other than the wet lease out described above requires approval of the appropriate JAA authority.

LEASING OF AEROPLANES BETWEEN A JAA OPERATOR AND ANY BODY OTHER THAN A JAA OPERATOR Dry lease-in A JAA operator may not dry lease-in an aeroplane from any entity other than a JAA operator, unless approved by the Authority. Any conditions that are part of this approval must be included in the lease agreement. The JAA operator shall ensure that, with regard to aeroplanes that are dry leased-in, any differences from the prescribed instrument, navigation, communication, and safety equipment are notified to, and are acceptable to, the Authority. Wet lease-in A JAA operator shall not wet lease-in an aeroplane from a body other than a JAA operator without the approval of the Authority. The JAA operator shall ensure that, with regard to aeroplanes that are wet leased-in:  The safety standards of the lessor with respect to maintenance and operation are equivalent to the JAR regulations  The lessor is an operator holding an AOC issued by a State which is a signatory to the Chicago Convention 



The has 8. a standard of Airworthiness issued in accordance with aeroplane ICAO Annex StandardCertificate Certificates of Airworthiness issued by a JAA Member State other than the State responsible for issue the AOC will be accepted without further showing when issued in accordance with JAR, and Any JAA requirements are complied with by the lessee's Authority.

Dry lease-out A JAA operator may dry lease-out an aeroplane for the purpose of commercial air transportation to any operator of a State which is signatory to the Chicago Convention. In this case, the JAA Authority will exempt the JAA operator from the relevant provisions of JAR-OPS Part 1. Further, after the foreign regulatory authority has accepted responsibility in writing for surveillance of the maintenance and operation of the aeroplane(s), the aeroplane(s) will be removed from the JAA operator's AOC. Part of the leasing agreement is that the aeroplane(s) will be maintained according to an approved maintenance programme. Wet lease-out A JAA operator providing an aeroplane and complete crew to another entity and retaining all the prescribed functions and responsibilities shall remain the operator of the aeroplane.

3-2

Air Law

Other International and European Organisations

Chapter 3

LEASING OF AEROPLANES AT SHORT NOTICE In circumstances where a JAA operator is faced with an immediate, urgent, and unforeseen need for a replacement aeroplane, the required approval may be deemed to have been given, provided that the lessor is an operator holding an AOC issued by a State which is a signatory to the Chicago Convention, the lease-in period does not exceed 5 consecutive days, and the Authority is immediately notified of the use of this provision.

EUROPEAN CIVIL AVIATION CONFERENCE (ECAC) INTRODUCTION In 1953 a European conference convened on Co-ordination of Air Transport in Europe (CATE), to discuss methods of improving commercial and technical co-operation between the airlines of the European countries participating in the conference, as well as the possibility of securing closer co-operation by the exchange of commercial rights between the European countries. In order to follow up on the recommendations adopted at the meeting, CATE proposed the establishment of a permanent organisation of the European aeronautical authorities. This organisation was called the European Civil Aviation Conference (ECAC) and held its inaugural session in 1955.

ECAC OBJECTIVES   

Continuing the work of the CATE conference. Reviewing the development of intra-European air transport with the object of improvement. Considering any special problem that might arise from the above.

ECAC membership, which includes all EC countries, needed to institute procedures consistent with those resulting from the EC treaty and the Single European Act. The recommendations made by the European Parliament and the Council of Europe needed a co-ordinated approach to ensure air safety within Europe. In 1970, some European civil aviation authorities started to cooperate with a view to producing common Joint Airworthiness Requirements so as to facilitate certification of products built jointly in Europe. This led to the Joint Aviation Authorities (JAA) Board becoming an associated body to ECAC in 1989. The JAA Board oversees arrangements between a number of ECAC states providing for co-operation in developing and implementing common safety standards and procedures.

JOINT AVIATION AUTHORITIES (JAA) JAA ORGANISATION The JAA has developed since the 1970s and the members are bound by the “Arrangements” signed in Cyprus by the then member states in 1990. The main JAA objectives are:   

Air Law

To ensure through co-operation common high levels of safety within the member states. Through the application of uniform safety standards, to contribute to fair and equal competition within the member states. To aim for cost effective safety and minimum regulatory burden so as to contribute to the European industries’ international competitiveness.

3-3

Chapter 3

Other International and European Organisations

The JAA operates in a manner that is as close as possible to a single authority, without yet formally or legally becoming a single international body where each individual state gives up its ultimate responsibilities. JAA membership is open to the civil aviation authorities of the ECAC member States. Each National Aviation Authority (NAA) continues to exist and carry out specific delegated roles within the JAA. The NAA issues licences and regulates the operators of that state.

FUNCTIONS OF JAA The authorities use the JAA to perform the following functions: 

  

  



To develop, adopt, and publish Joint Aviation Requirements (JARs) for the use of the Authorities the field of design, manufacture, maintenance and operations, and the licensing of in aviation personnel. To develop administrative and technical procedures for the implementation of JARs. To implement JARs and related administrative and technical procedures in a coordinated and uniform manner. To adopt measures to ensure, whenever possible, that pursuance of the JAA safety objective does not unreasonably distort competition between the aviation industries of member states or place companies of member states at a competitive disadvantage with those of non-member states. To provide the principal centre of professional expertise in Europe on the harmonisation of aviation safety regulations. To establish procedures for joint certification of products and services and where it is considered appropriate to perform joint certification. To co-operate on the harmonisation of requirements and procedures with other safety regulatory authorities, especially the US Federal Aviation Administration (FAA). Where feasible, to co-operate with foreign safety regulatory authorities, especially the FAA, on the certification of products and services.

ORGANISATION AND PROCEDURES The JAA is controlled by a committee that works under the authority of the Plenary Conference of the ECAC and reports to the JAA Board of Directors General (better known as the JAA Board). The JAA Board considers and reviews the general policies and long term objectives of the JAA.

3-4

Air Law

Other International and European Organisations

Chapter 3

JOINT AVIATION AUTHORITIES JAA Board

JAA Committee Executive Board Foundation Board JAA/FAA Harmonisation

Joint Steering Committee

Secretary General

Regulation

Certification

Maintenance

Operations

Licensing

Administration

JAA/FAA HARMONISATION The two major aircraft producers in the world are the United States and Europe. In the USA the FAA regulates the industry, whereas in Europe the disparate national authorities were uncoordinated. In order to overcome this, the JAA acts as the regulatory body to bring the European procedures into line with the FAA. The effect of this has been to make European products acceptable to the North American market and also to give European manufacturers a market in Europe for spares for aircraft made in North America. It is no coincidence that the regulations concerning large aeroplanes are contained in JAR 25, whereas the FAA equivalent is FAR 25. Likewise, commuter category aircraft regulations are contained in JAR 23 and FAR 23.

INTENTION It is the intention to eventually form the European Aviation Authority. This is in keeping with the aims of the EU and the Council of Europe. Once established, the EAA will be the regulatory body responsible for civil aviation in Europe. Until then, the NAAs will provide the regulatory framework and the necessary manpower.

EUROCONTROL Eurocontrol was formed in 1965, and its membership encompasses most of Europe and some non-European adjacent states. The stated objectives of Eurocontrol are:  

To plan European air traffic management to meet future needs. To optimise the use of airspace by matching capacity to demand to carry out the above.

From its srcins as the Maastricht (Holland) ACC, providing a centralised ATC service for the Benelux countries and Northern Germany, Eurocontrol now provides ATC services for most European flight information regions (FIRs). It actually controls operations in the upper airspace from two ATCC (Maastricht and Vienna) and has R&D facilities in Luxembourg, Maastricht, and Bretigny service near Paris. Eurocontrol also which provides very efficient centralised recovery on behalf of the states, evenanon-Eurocontrol states use. enroute charge

Air Law

3-5

Chapter 3

Other International and European Organisations

FLOW MANAGEMENT Since 1988, Eurocontrol has provided the centralised flow management unit (CFMU) for European airspace. Virtually all flights within Europe are subject to flow management and the process is expanding to cover 'gate to gate' operations, including operations on the ground at airports. The R&D operations of Eurocontrol are involved in the use of PRNAV to eliminate airways and also the elimination of voice communications by the use of data link systems.

ATC HARMONISATION Eurocontrol is also at the heart of the ATC harmonisation process in Europe and the surrounding states, which will lead to the development of a data processing and handling system capable of taking inputs from any ATC system in the world. The first link in this network is the new ATCC at Swanwick, near Southampton, providing area control for the London FIR and UIR.

3-6

Air Law

INTRODUCTION For this particular subject, the Learning Objectives require the student to have knowledge of ICAO Annex 1 (Personnel Licensing) and JAR Flight Crew Licensing, commonly referred to as JAR-FCL. However, the majority of the questions in the CQB are drawn from ICAO. Unfortunately, there are areas where JAR FCL differs from Annex 1. As these notes are intended only to provide the references to pass the examinations, they must not be used as a reference for matters relating to your licence. In such cases, consult JAR FCL or your national Civil Aviation Authority. In the U.K., the U.K. CAA publishes LASORS as guidance.

JAR-FCL JAR-FCL is published in four parts:  JAR-FCL 

1 2 JAR-FCL 3

Aeroplanes Helicopters Medical Requirements



JAR-FCL 4

Flight Engineers

 JAR-FCL

The LOs require knowledge of JAR-FCL 1 and JAR-FCL 3. In addition to the general requirements, JAR-FCL 1 contains JARs for the licensing of:         

Student pilots Private Pilots - PPL(A) Commercial pilots - CPL(A) Instrument Rating (Aeroplane) - IR(A) Class and Type Rating (Aeroplane) Airline Transport Pilot Licence (Aeroplane) - ATPL (A) Instructor ratings Examiners (1) Theoretical knowledge requirements for examinations

Note 1: Because knowledge of the requirements for examinations is required by the LOs for 010 Air Law, the JAA FCL Committee have determined that the knowledge requirements for all subjects are examinable under subject 010 Air Law. For this reason, there are questions in the Air Law exam relating to Met, Mass and Balance, Communications etc.

Air Law

4-1

Chapter 4

Flight Crew Licensing (Aeroplanes)

Annex 1 Standards and Recommended Practices (SARPs) have been established for licensing the following personnel:       

Private pilot (aeroplane and helicopter) Commercial pilot (aeroplane and helicopter) Airline transport pilot (aeroplane and helicopter) Glider pilot Balloon pilot Flight navigator Flight engineer

LICENSING REQUIREMENTS AND REGULATIONS Authority to Act as a Flight-crew Member A person shall not act as a flight-crew member of an aircraft unless a valid licence is held. ICAO To be valid, the licence must have been issued by the State of Registry of that aircraft or by any other contracting state and rendered valid by the State of Registry. JAR-FCL A person shall not act as a flight-crew member of a civil aeroplane registered in a JAA Member State unless that person holds a valid licence and rating complying with the requirements of JAR-FCL. The licence shall have been issued by:  

A JAA Member State, or Another ICAO Contracting State and rendered valid in accordance with JAR-FCL

Validity of Licence In order to exercise the privileges of the licence, the licence must remain valid by maintaining competency; maintaining necessary ratings; meeting recent experience requirements, and holding a valid medical assessment. Period of Licence Issue Providing the requirements for a valid licence are maintained, a licence issued will remain in force for a period determined by the State of Licence Issue (ICAO). JAR-FCL A licence holder shall not exercise the privileges granted by any licence or rating issued by a JAA Member State unless the holder maintains competency by meeting the relevant requirements of JAR-FCL. The validity of the licence is determined by the validity of the ratings contained therein and the medical certificate. The licence will be issued for a maximum period of 5 years. Within this period of 5 years the licence may be re-issued by the authority:     4-2

After initial issue or renewal of a rating; When the licence is full (no space available for a renewal certificate); For any administrative reason; or At the discretion of the authority when a rating is revalidated. Air Law

Flight Crew Licensing (Aeroplanes)

Chapter 4

The licence holder must apply for the re-issue of the licence. This application must include all necessary documentation. Valid ratings will be transferred to a new licence document by the authority. State of Licence Issue An applicant shall demonstrate the satisfactory completion of all requirements for licence issue to the authority of the State under whose authority the training and testing for the licence were carried out. Following licence issue, this State shall thereafter be referred to as the “State of licence issue”. Further ratings may be obtained under JAR-FCL requirements in any JAA Member State and will be entered into the licence by the State of Licence issue. Normal Residency Normal residency means the place where a person usually lives for at least 185 days in each calendar year because of personal and occupational ties or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where they are living. Exercising the Privileges of the Licence The holder of a licence or rating shall not exercise privileges other than those granted by that licence or rating. Licences, Ratings, Authorisations, Approvals or Certificates Issued by JAA Member States Where a person, organization, or a service has been licenced, issued with a rating, authorisation, approval, or certificate by the authority of a JAA member state in accordance with the requirements of JAR-FCL and associated procedures, such licences, ratings, authorisations, approvals or certificates shall be accepted without formality by other JAA member states. Licences Issued by Non-JAA States A licence issued by a non-JAA State may be rendered valid for use on aircraft registered in a JAA member state, at the discretion of the authority of that JAA member state. Validation of a professional pilot’s licence shall not exceed one year from the date of validation, provided that the basic licence remains valid. Any further validation for use on aircraft registered in any JAA member state is subject to agreement by the JAA member states and to any conditions seen fit within the JAA. The user of a licence validated by a JAA member state shall comply with the requirements stated in JAR-FCL. If the validation of a non-JAA licence is revoked for any reason, the State of Licence Issue will be informed by the JAA state.

SPECIFIC REQUIREMENTS FOR LICENCE ISSUE PPL(A) Minimum Age 17 Medical Fitness Class 1 or Class 2 Privileges and Conditions To act as PIC or co-pilot of an aeroplane engaged in non-revenue flights.

Air Law

4-3

Chapter 4

Flight Crew Licensing (Aeroplanes)

Experience and Crediting An applicant must have completed 45 hours flight time as a pilot of aeroplanes. Five hours may have been completed in an FNPT or a flight simulator. Where an applicant is the holder of one of the following licences then 10% of their total flight time up to a maximum of 10 hours may be credited towards the issue of the PPL(A):    

Helicopter Microlight helicopters Gyroplanes Microlights with fixed wings and moveable aerodynamic control surfaces

Flight Instruction The applicant for a PPL(A) must have completed 25 hours dual instruction and 10 hours supervised solo, including 5 hours of cross-country flight time. One cross-country flight must be of at least 150 nm, and include full stop landings at two aerodromes different from the srcinal departure aerodrome. Where previous credit for PIC time is granted the dual instruction may be reduced to not less than 20 hours. Commercial Pilot (Aeroplane) CPL(A)

Licence

Airline Transport Aeroplane (ATPL)

Licence

Minimum Age

18

21

Medical Fitness Privileges and Conditions

Class 1 medical certificate

Class 1 medical certificate

Subject to any other conditions specified in JARs, the privileges of the holder of a CPL(A) are to:

Subject to any other conditions specified in JARs, the privileges of the holder of a ATPL(A) are to:

Exercise all the privileges of the holder of a PPL(A)  Act as PIC or co-pilot of any aeroplane engaged in operations other than commercial aviation  Act as PIC in commercial air transportation of any single pilot aeroplane  Act as co-pilot in commercial air transportation 

Exercise all the privileges of the holder of a PPL(A), CPL(A) and an IR(A)  Act as PIC or co-pilot in aeroplanes engaged in air transportation 

An applicant for an ATPL(A) shall have fulfilled the requirements for the issue of an ATPL(A) containing a type rating for the aeroplane type used on the skill test

An applicant for a CPL(A) shall have fulfilled the requirements for the issue of at least a CPL(A) containing the class/type rating for the aeroplane type used on the skill test and, if an instrument rating course and test are Experience and Crediting

4-4

included, the instrument rating See CPL Experience below

See ATPL experience below

Air Law

Flight Crew Licensing (Aeroplanes)

Chapter 4

ATPL(A) EXPERIENCE An applicant for an ATPL(A) shall have completed as a pilot of aeroplanes at least 1500 hours of flight time. A maximum of 100 hours flight simulator time may be included in this figure. Specific qualifications required within the 1500 hours flight time are: 





 

500 hours in multi-pilot operations on aeroplanes type certificated in accordance with JAR/FAR 25 (Transport Category) or JAR/FAR 23 (Commuter Category) or equivalent codes; 250 hours as PIC or at least 100 hours PIC and 150 hours as co-pilot performing under the supervision of the PIC the duties and functions of a PIC (the method of supervision must be acceptable to the authority); 200 hours cross flight of which at least 100 duties hours shall be as PICoforaasPIC co-pilot performing undercountry the supervision of the PIC the and functions (the method of supervision must be acceptable to the authority); 75 hours instrument flight time of which not more than 30 hours may be instrument ground time; and 100 hours of night flight as PIC or co-pilot.

CREDIT TIME FOR ATPL:  Helicopter flight time will be credited up to 50% of the flight time requirements; and  Flight engineers will be credited with up to 50% of the flight time to a maximum of 250 hours flight engineer time

CPL(A) EXPERIENCE Integrated Course 150 hours of flight time Modular Course 200 hours of flight time The applicant must have completed:  100 hours as PIC, 70 hours if completed during a course of integrated training;  20 hours of cross country flight time as PIC. This must include a cross-country flight of at least 300 nm during which include full stop landings at two aerodromes different from the srcinal departure aerodrome;  10 hours of instrument instruction time of which not more than 5 hours is to be instrument ground time; and  5 hours of night flight time.

CREDITING OF FLIGHT TIME Unless otherwise specified, the following apply: Pilot in Command or Under Instruction  Credited in full with all solo, dual instruction or pilot in command (PIC) flight time towards the total flight time required for the licence or rating;  An ATPL/CPL graduate of an integrated CPL/ATPL course is entitled to be credited with up to 50 hours student pilot in command (SPIC) instrument time towards the pilot in command time required for the issue of the ATPL, CPL and a multi engine type or class rating.

Air Law

4-5

Chapter 4

Flight Crew Licensing (Aeroplanes)

Co-Pilot  Credited in full with all co-pilot time towards the total flight time required for a higher grade of pilot licence;  The holder of a pilot licence when acting as co-pilot performing under the supervision of the PIC the functions and duties of a PIC shall be entitled to be credited in full with this flight time required for a higher grade of licence. The method of supervision must be approved by the authority.

INSTRUCTOR RATINGS An instructor rating is valid for 3 years. To be allowed to begin a Flight Instructor (FI(A)) course the pilot must have 200 hours of flight time of which 100 hours must be PIC if the pilot is the holder of anrequirements ATPL(A) or CPL(A); 150 hours PIC if the holder of a PPL(A) and be the holder of the knowledge for CPL(A). The following must also have been carried out: 

 



Completed at least 30 hours on single engine piston aeroplanes of which 5 hours shall have been completed during the 6 months preceding the pre-flight entry flight test Received at least 10 hours instrument instruction of which not more than 5 hours may be instrument ground time in an FNPT or flight simulator Completed at least 20 hours of cross country as PIC including a flight totalling not less than 300 nm in the course of which full stop landings at two different aerodromes must have been made Passed a pre-entry flight test

The minimum applicant age is 18 years old.

INSTRUCTOR RATINGS – PRIVILEGES AND REQUIREMENTS To Instruct for the Issue of a PPL Completion of 15 hours on the relevant type in the preceding 12 months To Instruct for the Issue of a CPL 500 hours of flight time including at least 200 hours of flight instruction To Instruct for the Issue of an IR 200 hours flight time in accordance with IFR, 50 hours of which may be instrument ground time and have completed an approved course of at least 5 hours of flight instruction in an aeroplane, flight simulator or FNPT II

EXAMINERS (AEROPLANE) The following examiner roles are recognised:



Flight examiner (FE(A)) Type rating examiner (TRE(A)) Class rating examiner (CRE(A)) Instrument rating examiner (IRE(A))

 

Synthetic flight examiner (SFE(A)) Flight instructor examiner (FIE(A))

  

4-6

Air Law

Flight Crew Licensing (Aeroplanes)

Chapter 4

Qualification An applicant for authorisation as an examiner is to hold a licence and rating at least equal to the licence or rating for which they are applying to be authorised to examine. Validity of Authorisation An examiner’s authorisation is valid for a period of not more than 3 years. Examiner’s authorisation is renewed at the discretion of the Authority. FE(A) An FE(A) is permitted to conduct skill tests and proficiency checks for the issue of PPL(A) and CPL(A) licences provided he/she has not less than 2000 hours (1000 hours for PPL(A) only) flight experience including not less than 250 hours flight instruction.

CLASS AND TYPE RATINGS The holder of a licence is not permitted to act in any capacity as a pilot (except when undergoing skill testing or receiving flight instruction) unless he/she holds a valid class or type rating for the type or class of aircraft to be flown. Any rating issued may limit the holder to operating as co-pilot only, in which case, the rating will be annotated accordingly. Presently, there is no limit to the number of class/type ratings a pilot may hold at any one time, however, the need to remain current on each type/class will be limiting. JAR OPS suggests that a pilot should not hold more class/type ratings than he/she can maintain. Type rating requires attendance at and successful completion of an approved type rating course. To successfully complete a TR course the candidate must pass an aircraft specific practical knowledge test that can be written, oral, or a combination of both. The flying practice element of a TR course may be flown in the specific type of aircraft or an approved flight simulator. Class and type ratings are valid for one year (JAR-FCL). ICAO does not set a validation period but leaves this to the individual contracting state to determine.

CLASS RATINGS Class ratings are established for single pilot aeroplanes not requiring a type rating as follows: ICAO:    

Single engine land Single engine sea Multi engine land Multi engine sea

JAR-FCL:  All single engine piston aeroplanes (land and sea)  All touring motor gliders  Each manufacturer of single engined turbo-prop aeroplanes (land and sea)  All multi engined piston aeroplanes (land and sea)

Air Law

4-7

Chapter 4

Flight Crew Licensing (Aeroplanes)

TYPE RATINGS Other than those aeroplanes included in the class ratings above, the following aeroplanes require type ratings:    

Each type of multi-pilot aeroplane Each type of single pilot multi engine aeroplane fitted with turbo prop or turbojet engines Each type of single pilot single engine aeroplane fitted with a turbojet engine Any other type of aeroplane the authority considers necessary

REVALIDATION OF TYPE/CLASS RATINGS Type ratings and multi engine class ratings are revalidated by successful completion of skill tests or proficiency checks, which may be carried out in a flight simulator. If a type rating has expired, refresher training may be required prior to the pilot taking a re-validating test. ICAO Annex 6 (Operation of Aircraft) requires a pilot to demonstrate competency at two skill tests during any 12 month period with the proviso that the period between the tests is not less than 4 months. JAR-FCL Requires the pilot to pass a proficiency check once in every period of 12 months. The revalidation check taken is not more than 3 months before the expiry of the current rating. The new period of validation begins at the date of expiry of the old period. JAR-FCL also requires the pilot fly at least 10 sectors as pilot of the relevant type of aircraft, or one sector as pilot of the relevant type of aircraft with an examiner, during the period of the rating. Note: It is usual to revalidate the type rating at the same time as the renewal of the IR(A).

INSTRUMENT RATING (IR(A))

In order to fly an aircraft under IFR, a pilot requires a valid instrument rating (IR). JAR-FCL generally requires a pilot to hold a valid IR for any flight under IFR but accepts national variations in law. Privileges To pilot a multi- or single-engined aeroplane under IFR to a minimum decision height of 200 ft. Experience The pilot must hold a PPL(A) with a night qualification or a CPL(A) and have completed at least 50 hours of cross country flight time as PIC in aeroplanes or helicopters of which at least 10 hours shall be in aeroplanes. Application to ATPL(A) An instrument rating is an integral part of an ATPL (A), and a separate rating added to a CPL(A) to give the holder a CPL/IR. Without a valid IR the holder of an ATPL(A) is only permitted to exercise the privileges of a CPL licence.

4-8

Air Law

Flight Crew Licensing (Aeroplanes)

Chapter 4

Rating and Re-validation An IR(A) is gained by successful completion of an instrument rating test (IRT) carried out by an approved Instrument Rating Examiner (IRE). The IRT may be carried out in an approved flight simulator. An IR(A) is valid for a period of 1 year. Revalidation is achieved by successful completion of another full IRT conducted by an IRE. No period of extension is permitted for an IR(A). The revalidation IRT may be carried out during the last 3 months of validity of the current IR. If successful, the new IR will be valid from the srcinal date of expiry of the previous IR. If unsuccessful, the current IR is then invalid and the pilot is not permitted to exercise the privileges of the IR until successful completion of another IRT. In the latter case, the period of validity of the new IR will be from the date of successful completion of the IRT.

RECENT EXPERIENCE A pilot shall not operate an aeroplane carrying passengers as the pilot in command or co-pilot unless he has carried out:  

At least 3 take-offs and 3 landings as pilot flying in the same type/class or flight simulator in the preceding 90 days, and If the flight is at night, and the holder does not hold a valid Instrument Rating, one of the take-offs and one of the landings must be carried out at night.

Operators who apply more stringent requirements may apply limiting criteria to pilots (in terms of Decision Height and prevailing RVR) who nevertheless meet the general recent experience criteria.

CURTAILMENT OF PRIVILEGES OF LICENCE HOLDERS AGED 60 YEARS OR MORE Generally, a commercial pilot may not exercise the privileges of his/her licence unrestricted after attaining the age of 60. France and Italy prohibit commercial flying totally by pilots when they reach the age of 60, and the Czech Republic, at the age of 62. Age 60 – 64 The holder of a pilot licence who has reached the age of 60 years shall not act as a pilot of an aeroplane engaged in commercial air transport operations except:  

As a member of a multi-pilot crew and, provided that The holder is the only pilot in the flight crew who has reached age 60.

Age 65 The holder of a pilot licence who has reached the age of 65 years shall not act as a pilot of an aeroplane engaged in commercial air transport operations. st

Note: Age 60 means the first day of the pilot’s 61 year of life. In other words, the day after he/she is 59 years and 364 days old. Generally, a pilot may exercise the privileges of an ATPL(A) licence throughout the inclusive ages of 21 – 59.

Air Law

4-9

Chapter 4

Flight Crew Licensing (Aeroplanes)

MEDICAL REQUIREMENTS Fitness The holder of a medical certificate shall be mentally and physically fit to exercise safely the privileges of the applicable licence. Medical Fitness An applicant for a licence must hold a medical assessment applicable for the type of licence being applied for. An initial issue medical assessment in accordance with Annex 1 pt 6 or JARFCL 3 is required for flight-crew members. Re-validation of assessment is achieved by periodic examination accordance with Annex 1 part 6 or JAR-FCL 3, which is generally less demanding than the initial assessment. Only an approved aeromedical examiner (AME) may issue a medical assessment. Flight-crew shall not exercise the privileges of their licence unless their medical assessment is in members date. ICAO Each contracting state designates medical examiners that are authorized to issue the medical assessment. ICAO has established 3 classes of medical assessment (Classes 1, 2, and 3). The class 3 medical is applicable to Air Traffic Controllers only. JAR-FCL In order to apply for or to exercise the privileges of a licence, the applicant or holder shall hold a medical certificate issued in accordance with the provisions of JAR-FCL Part 3 (Medical) and appropriate to the privileges of the licence. The JAA has established 2 classes of medical assessment (Classes 1 and 2). Periods of Validity of Medical Assessment A medical assessment has a period of validity after which re-validation (by medical examination) is required. Upon expiry of validation, a class 1 medical assessment is automatically reduced to class 2. Therefore the holder of an ATPL(A) or CPL(A) will then not be permitted to exercise the privileges of their licence. ATPL(A) A class 1 medical assessment is required. The validity of the assessment certificate is 12 months. This reduces to 6 months after the licence holder passes their 40th birthday. CPL(A) A class 1 medical assessment is required. The validity of the assessment certificate is 12 months. This reduces (JAR-FCL) to 6 months (is recommended to reduce to 6 months - ICAO) after the licence holder passes their 40th birthday. PPL(A) A minimum of class 2 medical assessment is required. The validity of the assessment certificate is 24 months. ICAO recommends that this is reduced to 12 months after the licence holder has reached their 40th birthday. Deferment ICAO permits the certain deferment of the required medical examination to revalidate assessment under circumstances. JAR-FCL does not. According to ICAO,aa medical licence holder engaged in commercial operations in a remote area where an aeromedical examiner is not resident, may, upon receipt of a favourable report by a physician, extend the period of validity of the medical assessment for two consecutive periods of three months. The report of the physician is to be sent to the authority issuing the licence. 4-10

Air Law

Flight Crew Licensing (Aeroplanes)

Chapter 4

Failure to Re-Validate the Medical Assessment After the expiry of a medical assessment, an examination, meeting the requirements of the initial issue assessment, will be required. At the discretion of the licence issuing authority, this may be waived and the medical assessment revalidated with a periodic assessment only. Students engaged on an approved course of training are not required to maintain their class 1 assessment throughout the course. The class 1 assessment will be revalidated on the successful completion of the course by periodic assessment to enable the licence holder to fly commercially. Decrease in Medical Fitness Licence holders or student pilots shall not exercise the privileges of their licences, related ratings or authorizations at any time when they are aware of any decrease in their medical fitness which might render them unable to safely exercise those privileges, and they shall, without undue delay, seek the advice of the authority or an AME when becoming aware of:  Hospital or clinic admission for more than 12 hours  Surgical operation or invasive procedure  The regular use of medication  The need for regular use of correcting lenses Notification Every holder of a medical certificate issued in accordance with JAR-FCL Part 3 (Medical) who is aware of any significant personal injury involving incapacity to function as a member of a flight crew, or any illness involving incapacity to function as a member of a flight crew throughout a period of 21 days or more, or being pregnant, is to inform the authority in writing immediately of injury or pregnancy, and as soon as the period of 21 days has elapsed in the case of illness. Suspension of Certificate After notification, the medical certificate shall be suspended and in the case of injury or illness, the suspension will be lifted after the holder has been subsequently medically examined and pronounced fit to function as a member of the flight crew, or the authority lifts the suspension. In the case ofthe pregnancy, the suspension may beresume lifted byher thefunctions authorityasafter the pregnancy has ended and licence holder pronounced fit to a member of the flight crew. The suspension may be temporarily lifted during the initial pregnancy period until the pilot is unable to continue her duties. Note: The suspension of a certificate is not the same as cancellation. A suspended certificate is in ‘suspended animation’. Once the suspension is lifted, the certificate will still be valid, providing the validity expiry date has not passed. If the expiry date has passed, the examination required to lift the suspension will also re-validate the certificate for a further year.

Air Law

4-11

Chapter 4

Flight Crew Licensing (Aeroplanes)

JAA THEORETICAL KNOWLEDGE EXAMINATIONS FOR ATPL(A) ESSENTIAL KNOWLEDGE FOR STUDENTS (JAR-FCL 1.490A) There are 14 subject examinations which you must achieve 75% or more in each to pass. You are permitted to attend 6 examination sittings. If after you have attended 6 sittings and you have not attained 14 passes, you must sit all 14 examinations over again. If any subject examination is failed on four occasions, all the examinations must be retaken. Any candidate who has failed to obtain a pass in the ATPL(A) examinations within the permitted sittings, attempts or time limits, will be required to complete the minimum approved theoretical knowledge training specified below, prior to re-entering the examinations. For the integrated or modular ATPL theory course, this is a minimum of 60 hours theoretical knowledge instruction. 18 Month Rule (JAR-FCL 1.490b) You must pass all the examinations within a period of 18 months starting from the last day of the month in which you sat the first examination. For instance: If you sat the first examination in June 2004, you would have until the end of December 2005 to pass all the remaining examinations. 36 Month Rule (JAR-FCL 1.495a) After you have passed all 14 examinations, you then have 36 months from the date of passing the last examination to attain an IR(A). If you fail to attain an IR(A) within 36 months, you will have to start the examinations all over again. 7 Year Rule (JAR-FCL 1.495b) Having attained an IR(A) as above, the pass in the theoretical knowledge examinations will remain valid for a period of 7 years from the last validity date of the IR(A).

4-12

Air Law

The Conference of Paris in 1919 required all contracting states to establish registers of all aircraft in that state other than military. When establishing the register for that state, the state becomes the State of Registration for all the aircraft in the register. Annex 7 of the Convention of International Civil Aviation contains the Standards adopted by the ICAO for the marking of aircraft.

NATIONALITY, COMMON, AND REGISTRATION MARKS A ‘registration’ marking on an aircraft consists of two parts:  

The nationality mark or common mark, and The registration mark (as entered in the register of that state)

Composition Apart from Switzerland and Liechtenstein where the national symbols of the States are part of the markings, the nationality and registration marks consist of a group of characters (Letters or letters and numbers). Common Mark In order to meet the requirements of an international organisation, aircraft operated by such an organisation may be required to be registered in more than one state. As no aircraft is permitted to display nationality markings of more than one state, a common marking is used instead of the nationality mark. ICAO maintains the list of aircraft registered under any common mark, but allocates responsibility to a contracting state (usually a state involved in the operation) to act as the State of Registration for the purpose of determining the airworthiness of the aircraft concerned. The common mark is assigned by ICAO (the Common Mark Agency) from an available list produced by the International Telecommunications Agency. Nationality Mark The nationality mark is selected from the nationality symbols included in the radio call signs allocated to the State of Registry by the International Telecommunication Union.

Air Law

5-1

Chapter 5

Registration of Aircraft and Aircraft Markings

Combination The nationality or common mark precedes the registration mark. When the first character of the registration mark is a letter it is preceded by a hyphen.

G

-

Nationality Mark

ABCD Registration Mark

Hyphen

Acceptable Combinations The normal combination is one character for the nationality mark and four characters for the registration mark. Where the nationality mark consists of two characters (i.e. Eire - EI) the registration mark consists of only 3 characters (i.e. EI – ABC). Where the nationality mark consists of three characters (i.e. Oman – A4O) the registration mark consists of only two characters (i.e. A4O – AB). Prohibited Combinations When letters are used for the registration mark, combinations containing (in sequence) the following are not used: (1)



The five letter combinations used in the International Code of Signals



The three letter combinations beginning with Q used in the Q code (ie QUG – ‘I am ditching’); and (2) SOS, XXX, PAN and TTT



;and

Note 1: These are the arrangement of signal flags, each of which indicates a particular letter or number, used at sea to pass messages visually. Certain arrangements of 5 flags (hence 5 letters) indicate specific meanings. Note 2: SOS = distress; XXX and PAN = urgency; TTT = safety (a third level of emergency communication alert now only used in maritime operations).

LOCATION OF NATIONALITY, COMMON, AND REGISTRATION MARKS GENERAL The nationality or common mark and registration mark is painted on the aircraft or affixed by any other means ensuring a similar degree of permanence. The marks must be kept clean and visible at all times.

5-2

Air Law

Registration of Aircraft and Aircraft Markings

Chapter 5

HEAVIER-THAN-AIR AIRCRAFT Wings On heavier-than-air aircraft the marks shall appear once on the lower surface of the wing and shall be at least 50 cm in normally viewed vertical size. Fuselage and Vertical Tail Surfaces On heavier-than-air aircraft the marks shall appear on each side of the fuselage between the wings and the tail surface and shall be at least 30 cm in normally viewed vertical size.

TYPE OF CHARACTERS FOR NATIONALITY, COMMON AND REGISTRATION MARKS The letters shall be in capital letters in Roman characters without ornamentation. Numbers shall be Arabic numbers without ornamentation.

REGISTRATION OF AIRCRAFT CERTIFICATE OF REGISTRATION The certificate of registration shall be carried in the aircraft at all times. The certificate of registration, in wording and arrangement, shall be a replica of the form shown below. Registration Certificate State or Common Mark Registering Authority Ministry Department or Service CERTIFICATE OF REGISTRATION 1. Nationality or Common 2. Manufacture and Mark and Registration Mark Manufacturer’s Designation of Aircraft

3. Aircraft Serial No

4. Name of Owner …………………………………………………………………. 5. Address of Owner ……………………………………………………………….. 6. It is hereby certified that the above described aircraft has been duly entered on the (Name of Register) in accordance with the Convention on International Civil Aviation dated 7th December 1944 and with the …………………………. Signature ………………… Date of Issue …………….. * For use by the State of Registry or common mark registering authority

Air Law

5-3

Chapter 5

Registration of Aircraft and Aircraft Markings

IDENTIFICATION PLATE All aircraft must carry an identification plate, secured to the aircraft in a prominent position near the main entrance plate, made of fireproof metal, or fireproof material inscribed with:  

Nationality or common mark Registration mark

CLASSIFICATION OF AIRCRAFT AIRCRAFT

Lighter-than-air

Non-Power driven

Free Balloon

Captive Balloon

Power driven

Airship

Heavier-than-air

Non-Power driven

Glider Kite

Power driven

Aeroplane

Rotorcraft

Gyroplane

Spherical free balloon Non spherical free balloon

5-4

Spherical captive Rigid airship balloon Semi-rigid airship Non spherical Non-rigid airship captive balloon

Landplane Seaplane Amphibian

Land gyroplane Sea gyroplane Amphibian gyroplanes

Ornithopter

Helicopter

Land helicopter Sea helicopter Amphibian helicopter

Land ornithopter Sea ornithopter Amphibian ornithopter

Air Law

INTRODUCTION Annex 8 contains the standards for airworthiness required for aircraft to meet the performance and operational requirements of Annex 6 (Operation of Aircraft). States should not attempt to impose operational requirements on visiting aeroplanes other than those established by the State of Registry, providing they comply with Annex 6. Annex 8 is published in three parts; with part 3 applicable to aircraft engaged in commercial air transport with a MTOM greater than 5700 Kg. The standards are applicable to the entire aircraft and in order for the standards to be applicable the aircraft must have at least 2 engines.

CERTIFICATE OF AIRWORTHINESS (C OF A) The C of A for an aircraft is issued by the State of Registration (or approved representatives). A state can withhold a C of A if the aircraft is known, or suspected, to have dangerous features not specifically covered by the airworthiness requirements. An aircraft is not permitted to fly without a valid C of A. For the initial C of A to be issued the following are required: 

An approved design to show that the aircraft complies with the airworthiness requirements;

 

Records kept to establish the identification of the aircraft with its approved design; An inspection of the aircraft during the course of construction to determine that it conforms to the approved design; An inspection of the aircraft to establish that its construction and assembly are satisfactory; Flight tests as deemed necessary to show compliance with the airworthiness requirements.

 

Flight Crew The minimum number of flight crew personnel necessary to operate the aeroplane should be listed on the C of A. Transfer of Registration When an aircraft which has a valid C of A is entered on the register of another state, the new State of Registry may accept the C of A as satisfactory evidence that the aircraft is airworthy. Continuing Airworthiness of Aircraft The continuing airworthiness aircraft shall be State determined by theshall Statealso of Registry to the requirements in force of foran that aircraft. The of Registry developinorrelation adopt requirements to ensure the continuing airworthiness of an aircraft throughout its life.

Air Law

6-1

Chapter 6

Airworthiness of Aircraft

Validity of Certificate of Airworthiness A Certificate of Airworthiness shall be renewed, or shall remain valid, subject to the laws of the State of Registry. The State of Registry shall require that the continuing airworthiness of the aircraft shall be determined by periodical inspections at appropriate intervals. Method of Rendering a Certificate of Airworthiness Valid A State of Registry can validate the Certificate of Airworthiness issued by another state, as an alternative to issuing its own certificate. This validation shall not extend beyond the period of validation of the srcinal Certificate of Airworthiness. Temporary Loss of Airworthiness Any failure maintain an aircraft in an airworthy condition, will result in the suspension of the C of A until thetoaircraft is restored to an airworthy condition. Damage To Aircraft When an aircraft has sustained damage, the State of Registry shall judge whether the damage renders the aircraft un-airworthy. If the damage is sustained when the aircraft is in another state, the authorities of that state have the right to prevent the aircraft from flying. That state is to inform the State of Registry immediately. Aircraft Limitations and Information Each aircraft shall be provided with a flight manual, or other documents, stating the approved limitations within which the aircraft is considered airworthy. Instruments and Equipment The aeroplane has to be provided with approved instruments and equipment necessary for the safe operation of the aeroplane. These shall include the instruments and equipment necessary to enable the crew to operate the aeroplane within its operating limitations. Safety and Survival Equipment The specified safety and survival equipment is to be reliable, readily accessible and easily identified, and its method of operation plainly marked. Least-risk Bomb Location A least-risk location on the aeroplane shall be identified where a bomb or other explosive device may be placed to minimize the effects on the aeroplane in the case of detonation.

6-2

Air Law

Airworthiness of Aircraft

Chapter 6

CERTIFICATE OF AIRWORTHINESS *

*

State of Registry Issuing Authority CERTIFICATE OF AIRWORTHINESS 1. Nationality or Common Mark and Registration Mark

2. Manufacture and Manufacturer’s Designation

3. Aircraft Serial No

of Aircraft

4. Categories …………………………………………………………………. This Certificate of Airworthiness is issued pursuant to the Convention on International Civil Aviation dated 7th December 1944 and …………………….. in respect of the above-mentioned aircraft which is considered to be airworthy when maintained and operated in accordance with the foregoing and the pertinent operating limitations. Date of Issue ………………

Signature …………………………..

* For use by the State of Registry or common mark registering authority

Air Law

6-3

Chapter 6

6-4

Airworthiness of Aircraft

Air Law

INTRODUCTION From the early days of flying, rules were established to prevent accidents. Many of the basic rules now in force have their srcins in the days before the use of radios in aircraft and are based on visual observation of activity in the air and on the ground. Whilst these may seem somewhat quaint or unnecessary in the age of digital data and radar systems, when the new technology fails, the ‘mark one eyeball’ still functions. These rules are now known as the Rules of the Air (RoA). The Rules are defined as general rules with additional rules for flight under VFR and flight under IFR. Together the general rules and rules for flight under VFR are known as the Visual Flight Rules. The general rules and rules for flight under IFR are known as the Instrument Flight Rules. Reference:

Annex 2— Rules of the Air

Territorial Application of the RoA Wherever an aircraft is flying in the world, the rules of the air of the State of Registry of that aircraft apply to that aircraft. When flying over the territory of another state, the rules of the air of that state have priority over the rules of the air of the State of Registry. When an aircraft is flying outside of the airspace of the State of Registry and outside of the airspace of any other state, the rules of the air as defined in ICAO Annex 1 apply, without exception. Compliance with the Rules of the Air When an aircraft is in flight or on the movement area of an aerodrome it must comply with a set of rules known as the Rules of the Air. When in flight it must comply with either the Instrument Flight Rules (IFR), or the Visual Flight Rules (VFR). Responsibility for Compliance with the Rules of the Air The PIC, whether at the controls or not, is responsible for the operation of the aircraft in accordance with the rules of the air. The PIC may depart from the rules of the air in the interests of safety. Note: ‘PIC’ should not be confused with ‘Commander’. The JAA recently revised the definitions of PIC and Commander to cover the situation where a ‘cruise crew’ is employed on long haul operations. PIC is the pilot who, for the time being, is responsible for piloting the aeroplane. The Commander is the pilot (he/she must be a pilot) responsible for the conduct of the flight. It could be that the Commander is absent from the flight deck resting, whilst another designated pilot is the PIC. ICAO Annex 1 retains the srcinal definition of Commander which is synonymous with PIC.

Air Law

7-1

Chapter 7

Rules of the Air

Pre-Flight Action The PIC of an aircraft must plan the flight after having pre-briefed himself with all available information appropriate to the flight. Flights away from the vicinity of an aerodrome, and all IFR flights shall include a meteorological brief; a consideration of the fuel requirements and alternative actions if the flight cannot be completed as planned. Authority of the Pilot in Command (PIC) of an Aircraft The PIC of an aircraft shall have final authority over the disposition of an aircraft while in command. If for safety reasons the PIC decides to ignore the rules of the air or not comply with an ATC clearance, he/she must report the non-compliance as soon as possible. In any event, a report is to be submitted to the authority within 10 days. Use of Intoxicating Liquor, Narcotics, or Drugs No person is permitted to pilot an aircraft, or act as flight crew while under the influence of intoxicating liquor, or any narcotic or drug, by reason of which that person’s capacity to act is impaired.

GENERAL RULES NEGLIGENT OR RECKLESS OPERATION OF AIRCRAFT An aircraft shall not be operated in a manner so as to endanger life or property of others.

MINIMUM HEIGHTS An aircraft is not to be flown over the congested areas of cities, towns or settlements, or over an open air assembly of persons, unless at a height that will permit, in the event of an emergency (the failure of the critical power unit), a landing to be made without undue hazard to persons or property on the surface. Exceptions to this rule are during take-off and landing, or with specific permission from the appropriate authority. Minimum heights for VFR and IFR flights are covered in the later sections.

CRUISING LEVELS When established in the cruise, flights are conducted at flight levels (FLs) for flights above the lowest useable FL or where applicable, above the Transition Altitude; or at an altitude for flights below the lowest usable FL, or where applicable, at or below the Transition Altitude.

PROHIBITED AND RESTRICTED AREAS Aircraft are not to be flown in Prohibited or Restricted Areas except in accordance with the conditions of the restrictions, or by the permission of the state, over whose territories the areas are established.

AVOIDANCE OF COLLISIONS Always maintain a good look-out to detect potential collisions, regardless of the type of flight, the flight conditions or the class of airspace in which the aircraft is operating, and while operating on the movement area of an aerodrome. Note: The movement area of an aerodrome includes the apron and the manoeuvring area.

7-2

Air Law

Rules of the Air

Chapter 7

Proximity An aircraft is not to be operated so close to another aircraft so as to create a collision hazard. Right of Way Right of way means the right to proceed without alteration of course. The aircraft that has the right of way is required to maintain its heading and speed, and observe the other aircraft whilst the collision risk exists. Nothing in these rules relieves the PIC of an aircraft that has the right of way, from the responsibility of taking such action where necessary, including collision avoidance manoeuvres based on resolution advisories provided by ACAS equipment. Giving Way Any aircraft that is obliged to keep out of the way of another aircraft (give way), must not pass over, under, or in front of that aircraft, unless it is well clear and takes into account the effect of wake turbulence. Approaching Head-On When two aircraft are approaching head-on, or approximately so (+/- 10° of aircraft heading), and there is a danger of collision, both are required to alter heading to the right. There is no priority of aircraft type in this case. (“Turn the RIGHT way”. Why to the right? Because it is the RIGHT thing to do!) Approaching Head-On

In the event that you see an aircraft approaching head-on, you and the pilot of the other aircraft must alter your courses to the right.

Air Law

7-3

Chapter 7

Rules of the Air

Converging When two aircraft are converging at approximately the same level, the aircraft that has the other on its right shall give way. Converging

This aircraft, on the other's right, has the right-of-way.

If you are in this aircraft to the left, you must give way turning away in a manner that willbynot interfere with the other aircraft's flight path.

Old Pilots saying:

Green to Green, all serene. Red to Red, go ahead. Red to Green, you must be seen. Green to Red, you could end up dead.

Converging Exceptions The following exceptions apply to the general rule for converging aircraft:    

7-4

Power-driven heavier-than-air aircraft (aeroplanes) shall give way to airships, gliders, and balloons. Airships shall give way to gliders and balloons. Gliders shall give way to balloons. Power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

Air Law

Rules of the Air

Chapter 7

Overtaking An aircraft that is being overtaken has the right of way and the overtaking aircraft, whether climbing, descending, or in horizontal flight, shall keep out of the way by altering its heading to the right. No change in the relative positions of the two aircraft absolves the overtaking aircraft from this obligation until it is entirely past and clear. An overtaking aircraft is an aircraft that approaches from the rear on a line forming an angle of less than 70º. The pilot of an aircraft is to be alert at all times to the possibility of being overtaken, therefore before commencing a turn, a good visual scan is to be made to starboard and port as far as the view from the flight deck window will allow. Overtaking

This aircraft, being overtaken, has the right-of-way.

As you overtake another aircraft travelling in the same direction, you must pass well clear on the

Note: The overtaking aircraft is in a position where it is unable to see either the aircraft’s left (red light) or right (green light) navigation lights. Landing An aircraft in flight, or operating on the ground, shall give way to aircraft landing or in the final stages of an approach to land. Approaching to land When two or more heavier-than-air aircraft are approaching an aerodrome to land (straight in approach or final to land), aircraft at the higher level shall give way to aircraft at the lower level. No aircraft shall take advantage of this rule by cutting in front of another aircraft that is on its final approach. Power-driven heavier-than-air aircraft shall give way to gliders. Emergency Landing An aircraft that is aware that another aircraft is compelled to land shall give way to that aircraft. Taking-off An aircraft taxiing on the manoeuvring area of an aerodrome shall give way to aircraft taking-off or about to take-off.

Air Law

7-5

Chapter 7

Rules of the Air

Surface Movement of Aircraft When there is a danger of collision between two aircraft taxiing on the movement area of an aerodrome the following rules apply: Head-On Where two aircraft are approaching head-on, or approximately so, each shall stop, or where practicable, alter its course to the right so as to keep well clear. Converging When two aircraft are on a converging course, the one that has the other on its right shall give way. Overtaking An aircraft that is being overtaken by another aircraft shall have the right of way. The overtaking aircraft shall keep well clear of the other aircraft. Stopping An aircraft taxiing on the manoeuvring area shall stop and hold at all taxi-holding positions unless authorized by the aerodrome control tower to continue. This includes lighted stop bars. When the stop bar lights are switched off the aircraft may proceed. Lights to be Displayed by Aircraft The manner of lighting aircraft is covered in Operational Procedures. The law specifies the use of lights. When Lights must be Displayed From sunset to sunrise (or during any other period prescribed by the appropriate authority), all aircraft in flight or on the movement area of an aerodrome must display:   



Anti collision lights intended to attract the attention of other aircraft. Navigation lights intended to indicate the relative path of the aircraft to an observer. No other lights shall be displayed if they are likely to be mistaken for the navigation lights. Unless stationary, and otherwise adequately illuminated, all aircraft on the movement area of an aerodrome shall display lights intended to indicate the extremities of their (1) structure and to attract attention to the aircraft. All aircraft operating on the movement area of an aerodrome whose engines are running (2) shall display lights which indicate that fact.

Note 1: Lights such as landing lights and airframe floodlights may be used in addition to the anti collision light to enhance aircraft conspicuity. Note 2: Red anti collision lights may meet the requirements above provided that they do not subject observers to harmful dazzle.

7-6

Air Law

Rules of the Air

Chapter 7

Failure of Lights When a pilot is aware that a navigation light has failed, ATC is to be informed and the aircraft is to land and have the light repaired before continuing the flight. Anti-Collision Lights All aircraft, in flight or operating on the movement area of an aerodrome, that are fitted with anticollision lights, shall display these lights at all times. If an anti-collision light fails in flight, the light is to be repaired prior to the next flight. Harmful or Dazzling Lights Pilots are permitted to switch off, or reduce the intensity of, any flashing lights if they adversely affect the satisfactory performance of duties, or subject an outside observer to harmful dazzle.

SIMULATED INSTRUMENT FLIGHT (SIF) In order to train pilots in instrument flying, instrument meteorology conditions (IMC) have to be simulated. This requires some means of limiting the vision of the pilot flying. Non-compliance with the Rules of the Air will be in effect during visual meteorological conditions (VMC). Therefore, an aircraft shall not be flown under SIF conditions unless it has fully functioning dual controls and a qualified pilot (who does not need to be class/type rated on the aircraft) occupies a control seat to act as safety pilot for the person who is flying under simulated instrument flying conditions. The safety pilot should have adequate vision forward and to each side of the aircraft. Where the vision of the safety pilot is not adequate, a competent observer, in communication with the safety pilot, shall occupy a position in the aircraft from which the field of vision of the observer adequately supplements that of the safety pilot. Practice Instrument Approaches When a pilot is making an instrument approach for practice in VMC, ATC is to be informed and the aircraft landing lights are to be illuminated to draw the attention of other pilots to the aircraft. Operation on and In the Vicinity of an Aerodrome Pilots of aircraft operating on, or in the vicinity, of an aerodrome (inside or outside of an Aerodrome Traffic Zone (ATZ)) are to:    

Observe other aerodrome traffic for the purpose of avoiding collision; Conform with, or avoid, the pattern of traffic formed by other aircraft in operation; Make all turns to the left, when approaching for landing or taking-off unless otherwise instructed; and Land and take-off into the wind unless safety, the runway configuration, or an air traffic consideration determines that a different direction should be used.

FLIGHT PLANS In this section, the term ‘Flight Plan’ refers to an ATC flight plan (FPL). An ATC FPL is the method by which the authority is notified of the intention of a pilot to make a flight where that flight is to be provided with an ATC service, or is to be conducted in airspace where the authority has determined that a FPL is to be submitted. The process of submitting a FPL is called ‘filing’ a FPL. ATC authorities provide approved formats for the information required in filing a full FPL. The UK CAA format is the form CA48 that follows the ICAO standard FPL filing form. The student should

Air Law

7-7

Chapter 7

Rules of the Air

note that a FPL is what the pilot intends to do, not the form upon which the plan is filed. Indeed, in some circumstances it is not practical to use a form, and the pilot’s intention (his/her flight plan) may be communicated by radio to the ATC unit. FPLs are required to be filed before:   





Any flight or portion of a flight requiring an ATC service; Any IFR flight in advisory airspace; Any flight into authority designated areas or along designated routes where the appropriate ATC service is required to provide a flight information service (FIS), alerting service, and search and rescue (SAR) service; Where the authority has determined that a FPL should be filed to facilitate coordination between civilian and military authorities or between the ATC services of adjacent states to avoid the need for interception for identification purposes; and Any flight across international borders.

Note: Flight across a Flight Information Region (FIR) boundary does not necessarily require the filing of a FPL. For instance, a flight across the English/Scottish border crosses the FIR boundary but does not cross an international boundary. Where and When to File a FPL When a FPL is necessary for a flight, file it to an Air Traffic Services (ATS) reporting office before departure. The method of delivering the completed FPL form may be by hand, mail, fax, electronic media, or verbally (phone). If the FPL is filed directly to the ATC Centre (ATCC), it cannot be delivered by hand because the security staff will not let you in. A pilot can file an FPL in flight by radio to an ATS unit, or an Air/Ground radio station. In the case of scheduled operations or multiple repeats of a flight, a repetitive FPL (RPL) may be filed. To file an RPL, the flight must be repeated 10 times or more, or repeated over a period of not less than 10 days. 60 minutes For flight to be before provided with an ATC service or advisory ATC, the FPL is to be filed at leasta60 minutes departure. 10 minutes For the filing of a FPL in flight, the FPL is to be filed at least 10 minutes before the aircraft is estimated to reach:  

The intended point of entry into an area where ATC or advisory ATC is to be provided; or The point of crossing an airway or advisory route.

Air Traffic Flow Management (ATFM) To comply with the requirements of ATFM, a FPL is to be filed not less than 3 hours before departure. This period is also required for filing FPLs for flight in Oceanic Control Areas (OCAs). For flights subject to ATFM, the ATC authority issues an estimated off-blocks time (EOBT), which becomes the defined departure time for that flight. Delays after Filing In the event of a delay of 30 minutes in excess of the estimated off-block time for a controlled flight or a delay of one hour for an uncontrolled flight for which a flight plan has been submitted, the flight plan should be amended or a new flight plan submitted and the old flight plan cancelled.

7-8

Air Law

Rules of the Air

Chapter 7

Non-scheduled Non-commercial International Flights Annex 9 requires that non-scheduled, non-commercial flights crossing an international boundary are to be filed at least 2 hours before the aircraft is planned to land in the destination state. Note: ‘Departure’ is not defined. It is generally accepted to be the time at which the flight is intended to begin. Changing a FPL If it becomes necessary to change an IFR FPL, or a VFR FPL for a controlled VFR flight, communicate the necessary changes to the ATCU as soon as practicable. For other VFR flights, only significant changes need to be reported. Closing a FPL Until a FPL is closed, it remains active and subject to ATC action, including overdue action and costly SAR operations. At the completion of a flight for which a FPL is filed, the pilot is to make a report to the ATCU at the arrival aerodrome in person, by radio, or by data link. At an uncontrolled aerodrome, make the report to the nearest ATCU. If the facilities at the destination aerodrome are inadequate and no other procedures are in force, the pilot is to make a report shortly before landing by RTF to the appropriate ATCU providing the ATC service. Such a report is to contain:     

Aircraft identification; Departure aerodrome; Destination aerodrome in the case of a diversion to an alternate aerodrome; Arrival aerodrome; Time of arrival.

Time In all communications, time is to be expressed as Co-ordinated Universal Time (UTC) utilising the 24 hour clock. A time check is to be obtained before operating a controlled flight. ATC Clearances Commencement of a controlled flight may only be commenced after the receipt of an ATC clearance. An initial ATC clearance includes the words ‘clear to….’ It also includes ATC instructions to be complied with by the pilot. If an ATC clearance received is not satisfactory or cannot be complied with, the PIC may request an amended clearance. Before taxiing at a controlled aerodrome a taxi clearance is to be obtained. Current Flight Plan (CPL) Flight in accordance with an ATC clearance and any subsequent re-clearance, is defined as flight in accordance with the current FPL (CPL). Adherence to the FPL A pilot operating a controlled flight is required to adhere to the CPL. When flying along a defined ATS route, the aircraft is to be flown along the centre line of the route. If no defined ATS route exists, fly the aircraft directly between the navigation facilities used or the points that define the route.

Air Law

7-9

Chapter 7

Rules of the Air

Inadvertent Changes If a controlled flight deviates from the CPL, the following action is to be taken:  



Deviation from Track Adjust the heading to regain the desired track as soon as practicable. Variation in TAS If TAS at cruising level changes (or is expected to change) by 5% or more from that given in the FPL, inform the ATC. Change in ETA If the ETA changes by more than +/-3 minutes, the ETA is to be revised to ATC. In an Oceanic Control Area, report changes in ETA of +/- 3 mins or more.

Position Reports Unless specifically exempted by the ATC authority, a pilot of a controlled flight is to make position reports at the designated reporting points. If no reporting points are specified for a route, position reports are to be made at intervals determined by the ATC authority. Such reports are to be made 30 minutes after commencement of the flight, then at hourly intervals. A position report includes: aircraft identification, position, time at that position, and altitude or FL. Where automatic altitude reporting has been confirmed, omit the altitude report. Additional information may be requested by the ATC authority. For an airways report, the next position and ETA should be included and optionally the ensuing position. An example of a full airways position report is: “London Control this is Atlantic 123, Daventry at 33, FL 170, Bookman’s Park at 49, Midhurst next” Termination of Control When a controlled flight leaves controlled airspace (CAS), the pilot reports that the aircraft is ‘clear of CAS’ at which point the provision of an ATC service ceases.

COMMUNICATIONS A controlled flight is required to maintain two way RTF communications with the controlling ATCU. Where approved a SELCAL watch is an acceptable alternative. If Controller/Pilot Data Link Communication (CPDLC) has been established, the requirement to maintain voice RTF remains. (1)

Communication Failure If an aircraft is unable to communicate (receive and acknowledge ATC instructions and indicate a state of emergency), in addition to squawking Mode A/7600 and maintaining a visual watch for signals, if flying in VMC, maintain VMC and land at the nearest suitable aerodrome. ATC is to be (2) informed as soon as possible once the aircraft lands. If flying in IMC :     

7-10

Maintain the last assigned speed and/or level, for a period of 20 minutes after the (3) failure to report over the last compulsory reporting point ; then; Proceed in accordance with the FPL to the navigation facility serving the destination aerodrome and hold on that facility; and Descend from the facility at the last received and acknowledged Expected Approach Time (EAT), or where no EAT has been issued, at the ETA from the FPL (4); then Fly a normal instrument approach; and Land within 30 minutes of the ETA.

Air Law

Rules of the Air

Chapter 7

Note 1: An aircraft may have many different systems for communication. These may include VHF, HF, Data Link, SATCOM, satellite telephone, cell phones, and SSR. ATC can also transmit voice RTF on the localiser channel of ILS. Total communications failure in a modern aircraft is a remote possibility. Note 2: Clearly, at any time during the procedure for failure in IMC, if the pilot finds VMC then the aircraft should attempt to land whilst maintaining VMC. Note 3: This would be the time when it can be assumed safely that the ATC authority is now aware of the communications failure situation.

Note 4: If a of communication failureindicating occurs to an aircraft a terminal holding pattern the receipt an ATC message ‘delay not in determined’ the descent at after ETA would be dangerous as aircraft may still be in the holding pattern below. In this case, the advice is to leave the holding pattern in a safe direction maintaining the last assigned level, find VMC and land. Consideration should be given to squawking A/7700. Communications Failure During a Standard Instrument Departure in European Airspace A departing controlled IFR flight operating in IMC, having acknowledged an initial intermediate clearance to climb to a level other than the one specified in the current flight plan for the enroute phase of the flight, and experiencing two-way radio communication failure should, if no time limit or geographical limit was included in the climb clearance, maintain the level to which it was cleared for a period of 7 minutes and then continue its flight in accordance with the current flight plan. A departing controlled IFR flight vectored by radar away from the route specified in its current flight plan and experiencing two-way radio communication failure should proceed in the most direct manner to the route specified in the current flight plan. Interception Each State has the right to protect its territory and to satisfy itself that any aircraft applying the freedoms of the air is bona-fide. If the authority of a state has suspicions that a flight is not what is supposed to be, or has entered the airspace of a state without permission, it may invoke a process of interception. Interception Phraseology It is usual for military interceptor aircraft to be used for this purpose, and there is a strong likelihood that the military pilot may not speak English. ICAO has formulated standard phraseology (reproduced below) and signals to be used in this situation.

Air Law

7-11

Chapter 7

Rules of the Air

Table: Interception Phraseology Phrases for use by INTERCEPTING Aircraft Phrase

Pronunciation

Meaning

Phrases for use by INTERCEPTED Aircraft Phrase

Pronunciation

Meaning

CALL SIGN

KOL SA-IN

What is your call sign?

CALL SIGN

KOL SA-IN

My call sign is

FOLLOW

FOL-LO

Follow me

WILCO

VILL-CO

Understood, will comply

DESCEND

DEE-SEND

Descend for landing

CAN NOT

KANN-NOTT

Unable to comply

YOU LAND

YOU-LAND

Land at this aerodrome

REPEAT

REE-PEET

Repeat your instruction

PROCEED

PRO-SEED

You may proceed

AM LOST

AM LOSST

Position unknown

MAYDAY

MAYDAY

I am in distress

HIJACK

HI-JACK

I have been hijacked

LAND (Place name)

LAAND

I request to land at (Place name)

DESCEND

DEE-SEND

I require descent

International Interception Signal Tables The carriage of the International Interception Signal Tables is mandatory for international flights and as such, learning the tables is not required. Indeed, it is considered dangerous to do so. In an interception situation, the pilot is required to have the tables available and use them. It is recommended that an aircraft being intercepted squawks A/7700. If interception occurs after communication with the ATC authority of a state by military aircraft of that state, then ATC will be aware of, and may have been instrumental in ordering the interception. The International Interception Signal Tables are reproduced at Appendix 1 at the end of this chapter. Unlawful Interference An aircraft subject to unlawful interference is to attempt to communicate the fact to the ATC authority together with details of any deviation from the CPL necessitated by the situation. The SSR system should be set to A/7500 unless A/7700 is more appropriate. Further advice on the management of situations of unlawful interference will be the subject of specific instruction by the operator during airline indoctrination.

VISUAL FLIGHT RULES (VFR) When permitted by the class of airspace and in Visual Meteorological Conditions (VMC) a pilot may elect to fly under the Visual Flight Rules (VFR). In conditions less than VMC in a control zone (CTR) a pilot may request an ATC clearance to fly under modified VFR called Special VFR (SVFR). In determining the existence of VMC, the pilot is the sole arbiter. If a pilot is unsure as to the existence of VMC he/she should assume IMC and fly under Instrument Flight Rules (IFR). In any event, a pilot without authorisation to fly under IFR is required to satisfy him/herself that before beginning a flight under VFR, VMC exists along the entire route, or that alternate aerodromes are available for landing without flight in IMC.

7-12

Air Law

Rules of the Air

Chapter 7

VMC Minima VMC is determined by a required forward visibility from the flight deck (flight visibility) and required vertical and horizontal distances from cloud. As the reference for this section of the LOs is ICAO Annex 2, the VMC minima applicable to the RoA as defined in Annex 2 are stated in Annex 2; Chapter 3; and paragraph 3.9. These are graphically illustrated in table 3-1 which is reproduced below. The ICAO minima are different from those stated in JAR OPS-1 and those applied by the UK CAA. The major difference is in the VMC minima specified for class B airspace. Airspace Class

A, B, C, D & E (Note 3)

F

Distance From Cloud

1500 m horizontally 300 m (1000 ft) vertically

Clear of cloud and in sight of the surface

Flight Visibility

8 km at and above 3050 m (10 000 ft) AMSL 5 km below 3050 m (10 000 ft) AMSLA (Note 1)

5 km (Note 2)

Above 900 m (3000 ft) AMSL or above 300 m (1000 ft) above terrain, whichever is higher

G At and below 900 m (3000 ft) AMSL or 300 m (1000 ft) above terrain, whichever is higher

Notes: 1. When the height of the transition altitude is lower than 3050 m (10 000 ft) AMSL, FL 100 should be used in lieu of 10 000 ft. 2. When the ATS authority prescribe: a. Lower flight visibilities to 1500 m may be permitted for flights operating: 1) At speeds that, in the prevailing visibility, give adequate opportunity to observe other traffic or any obstacles in time to avoid collision, or 2) In circumstances in which the probability of encounters with other traffic would normally be low e.g. in areas of low volume traffic and for aerial work at low levels. b. Helicopters may be permitted to operate in less than 1500 m flight visibility, if manoeuvred at a speed that gives adequate opportunity to observe other traffic or any obstacles in time to avoid collision. 3. The inclusion of VMC minima for Class A airspace does not imply permitted VFR in Class A airspace.

Take-off and Landing Except when a clearance is given from an ATCU, VFR flights cannot take-off or land at an aerodrome in a CTR, or enter an aerodrome traffic zone or traffic pattern when:  

The ceiling is less than 1500 ft The visibility is less than 5 km

Night ATS authorities may impose conditions, or proscribe VFR flights between sunset and sunrise. Limits Unless authorized by the appropriate ATS authority, VFR flights are not operated above FL200 or at transonic and supersonic speeds.

Air Law

7-13

Chapter 7

Rules of the Air

Minimum Heights Except when necessary for take-off and landing, or where permission has been granted from the appropriate authority, a VFR flight shall not be flown: 



Over the congested areas of cities, towns or settlements, or over an open air assembly of persons, at a height less than 300 m (1000 ft) above the highest obstacle within a radius of 600 m from the aircraft. Elsewhere, at a height less than 150 m (500 ft) above the ground or water.

VFR Flight Levels Except where indicated in ATC clearances or specified by the appropriate ATS authority, VFR flights level as cruising flightbywhen operated above m (3000 the groundatorawater, or a higher in datum specified the appropriate ATS 900 authority, areft)tofrom be conducted flight level appropriate to the magnetic track as specified in the table of cruising levels. ATC Clearances VFR flights shall comply with the provisions laid out in ATC clearances when operated in Class B, C and D airspace, when forming part of aerodrome traffic at a controlled aerodrome, or when operated as special VFR flights. Radio Watch A VFR flight operating within ATS routes, or areas specified by the appropriate ATS authority, shall maintain a continuous listening watch on the appropriate radio frequency. The aircraft must report its position as necessary to the ATS unit providing the FIS. Weather Deterioration below VMC If it becomes evident that a controlled VFR flight will not remain in VMC, the pilot is to:    

Request an amended clearance to continue to the destination aerodrome by another route remaining in VMC; or Land at the nearest useable aerodrome; or If operating in a CTR, request a SVFR clearance; or File an IFR FPL.

VFR Flight Plan When a flight plan for a VFR flight is filed using the ICAO standard form, the flight rules to be observed are indicated in field 8 of the form. For VFR, the entry in field 8 is “V”. If it is intended that the flight will start under VFR and at some point change to IFR, the letter “Z” is entered in field 8. Aide memoir: VFR requires good VIZ. V to I = Z. (VIZ)

INSTRUMENT FLIGHT RULES Where VMC does not exist, IMC must exist. In IMC the ability to navigate with reference to the ground and to maintain a good look out for possible collision hazards is not always possible. In order for commercial aviation to meet the expectations of the travelling public, flight in IMC has to be made possible and safe. In order to fly in IMC a commercial pilot must elect to fly under the Instrument Flight Rules (IFR). Before electing to fly under IFR, the commercial pilot must be satisfied that the aircraft is properly equipped for IFR flight and that any commercial pilot permitted to fly the aeroplane under IFR has an instrument rating (IR). 7-14

Air Law

Rules of the Air

Chapter 7

Aircraft Equipment All aircraft flying under IFR are required to be equipped with suitable instruments and navigation equipment appropriate to the route to be flown. The exact requirements are detailed in JAR OPS1 and are covered in Operational Procedures. Minimum Levels Except when necessary for take-off and landing, or when specifically authorized by the appropriate authority, an IFR flight is to be flown at a level which is not below the minimum flight altitude established by the state whose territory is being over flown. If a minimum altitude has not been established, an IFR flight shall be flown at a level which is at least 300 m (1000 ft) above the highest obstacle within 8 km (5 nm) of the estimated position of the aircraft. In mountainous terrain, this is increased to 600 m (2000 ft). Note: Mountainous terrain is defined as terrain over which the prevailing wind of 37 kts produces significant downdraughts. Change from IFR Flight to VFR Flight An aircraft wishing to change from IFR to VFR in flight shall notify the appropriate ATS unit that the IFR flight is cancelled and communicate the changes to be made to the current flight plan to allow the flight to continue under VFR. The phraseology used is: “Coventry Approach this is Atlantic 123, cancel IFR, joining visually for runway….” The reply must be “Atlantic 123 roger, IFR cancelled at time ….” Note: It is the IFR flight that is cancelled, not the IFR flight plan. Temporary Cancellation of IFR When an aircraft operating under IFR is flown in, or encounters VMC, IFR shall not be cancelled unless it is anticipated, and intended, that the flight will be continued for a reasonable period of time in uninterrupted VMC. rd

Note: ‘Reasonable period’ is interpreted as about 1/3 of the total expected flight time.

RULES APPLICABLE TO IFR FLIGHTS WITHIN CONTROLLED AIRSPACE IFR flights shall comply with the provisions of the rules laid out in ATC clearances.

IFR FLIGHT LEVELS An IFR flight operating in cruising flight shall be flown at a cruising level, or if authorized to employ cruise climb techniques, between two levels or above a level, selected from the table of cruising levels found after this section. The correlation to track does not apply when indicated in ATC clearances or specified in the appropriate ATS authority AIP.

RULES APPLICABLE TO IFR FLIGHTS OUTSIDE CONTROLLED AIRSPACE An IFR flight operating in level cruising flight outside controlled airspace is flown at a cruising level appropriate to the magnetic track as specified in the table of cruising levels.

Air Law

7-15

Chapter 7

Rules of the Air

COMMUNICATIONS All IFR flights operating outside controlled airspace but within or into areas, or along routes designated by the appropriate ATS authority shall maintain a listening watch on the appropriate radio frequency. Two-way communications must be established with the ATS unit providing the FIS.

POSITION REPORTS Position reports are to be made by all IFR flights operating outside controlled airspace, and by aircraft which are required by the appropriate ATS authority to submit a flight plan, maintain a listening watch on the appropriate frequency or establish two way communications with the appropriate ATS authority.

IFR FLIGHT PLAN When a flight plan for an IFR flight is filed using the ICAO standard form, the flight rules to be observed are indicated in field 8 of the form. For IFR, the entry in field 8 is “I”. If it is intended that the flight will start under IFR and at some point change to VFR, the letter “Y” is entered in field 8. Aide memoir: IFR to VFR = Y. (IVY).

SPECIAL VFR (SVFR) SVFR is defined as a clearance to fly within a CTR in conditions less than VMC in which the pilot remains clear of cloud and in visual contact with the ground. Provision of SVFR Where a pilot cannot, or has good reason not to, comply with IFR in a CTR he/she may request a special VFR (SVFR) clearance to: 

Enter a CTR to land at an aerodrome within the CTR;



Take off from an aerodrome within a CTR and depart from the CTR; or To fly between aerodromes within a CTR.



Procedure The clearance given permits flight in meteorological conditions less than VMC providing the pilot remains clear of cloud and in sight of the ground, and can navigate the aircraft by visual means. In class A airspace, a SVFR clearance overrides the requirement for mandatory compliance with IFR. A pilot must request SVFR. It will not be offered by ATC. SVFR is only applicable to CTRs. The limit of the clearance is to or from the CTR boundary and does not extend beyond the CTR. In busy CTRs, SVFR traffic lanes (SVFR corridors) are established as standard SVFR routes beginning at specified points on the CTR boundary and terminating at the aerodrome served by the route. Under certain circumstances, ATCOs will provide separation of IFR flights from SVFR flights. Take-off Conditions According to ICAO a SVFR flight may take off from an aerodrome in a CTR providing the ground visibility is not less than 1500 m. JAR OPS requires a ground visibility of not less than 3000 m. Both references require a minimum flight visibility of 1500 m to continue a SVFR flight.

7-16

Air Law

Rules of the Air

Chapter 7

CRUISING LEVELS Semi Circular Rule The table of flight levels is based on VFR and IFR flight levels determined by reference to the magnetic track flown. In areas where RVSM is applied, the table is modified. The basic rule is that vertical separation between IFR FLs below FL290 is 1000 ft, as is the separation between VFR FLs. Above FL290, the separation is increased to 2000 ft to allow for the inaccuracies in barometric altimeters at altitudes where the barometric lapse rate is high (see Met notes).

000° Mag

000° Mag

Even FLs

FLs 40 60 80 etc… up to 280 then 310 350 390 etc…

FLs 50 70 90 etc… up to 290 then 330 370 410 etc…

Odd FLs

Even FLs +500ft

FLs 45 65 85 etc… up to 285 then 320 360 400 etc…

FLs 55 75 95 etc… up to 275 then 300 340 380 etc…

Odd FLs +500ft

180° Mag

180° Mag

VFR Flight Levels

IFR Flight Levels

In non – RVSM Airspace

000° Mag

000° Mag

Even FLs

FLs 40, 60, 80 FLs etc… up to 30, 50, 70 280 etc… up to then 290 300 then 320 310 340 330 etc… up to 350 400 etc… up to then 410 430 then 470 450 Etc… 490 Etc…

Odd FLs

Even FLs +500ft

FLs 45 65 85 etc… up to 285

FLs 55 75 95 etc… up to 275

Odd FLs +500ft

180° Mag

180° Mag

VFR Flight Levels

IFR Flight Levels In RVSM Airspace Air Law

7-17

Chapter 7

Rules of the Air

Reduced Vertical Separation Minima (RVSM) The desired cruising levels for turbo-jet aircraft are adjacent to the tropopause (typically FL350 – 370). In the upper airspace (in UIRs and OCAs) these levels quickly become occupied and congestion arises. To overcome this (in part), a system of reduced vertical separation is applied whereby the 1000 ft separation between FLs is maintained up to FL410. Above FL410, the inaccuracy in the altimeter operation is too great for continuation of the reduced minima. This immediately doubles the available FLs between FL290 and the limit of the application, FL410. This standard is known as Reduced Vertical Separation Minima (RVSM). Where RVSM is applied, VFR flight is not permitted under any circumstance above FL285. Domestic Airspace In the upper airspace where RVSM is applied, the RVSM levels are defined as FL300 – FL410 (implying that FL290 is not an RVSM level). Oceanic Airspace In the upper airspace of an OCA, from 24 Jan 2002 RVSM is applied between FL290 and FL410 inclusive (implying that FL290 is an RVSM level). Requirements To fly in airspace where RVSM is applied, an aircraft must be equipped with two independent altitude measuring systems; an altitude alerting system (activated by deviation from the selected altitude); an automatic altitude control system (height lock), and an SSR system with altitude reporting (mode C) connected to the system used for the automatic altitude control system. Additionally, the operator must be approved for RVSM operations.

7-18

Air Law

Rules of the Air

Chapter 7

CRUISING LEVELS APPROPRIATE TO DIRECTION OF FLIGHT Track from 180° to 359° FL 430

Track from 000° to 179°

Outside of RVSM airs ace

FL 410 FL 400 FL 390 FL 380 FL 370 FL 360 FL 350 FL 340 FL 330 FL 320 FL 310 FL 300 FL 290 FL 280

Air Law

Outsid e of RVS M air s ace

7-19

Chapter 7

Rules of the Air

TABLE OF CRUISING LEVELS The cruising levels to be observed when required by Annex 2 are listed in the two tables below. In areas where Reduced Vertical Separation Minimum (RVSM) of 300 m (1000 ft) is applied (1) between FL 290 and FL 410 inclusive (2)

TRACK

(3)

From 000º to 179º

(3)

From 180º to 359º

IFR Flights

VFR Flights

Altitude

IFR Flights

Altitude

FL

Metres

Feet

FL

Metres

10 30 50 70 90

300 900 1500 2150 2750

1000 3000 5000 7000 9000

35 55 75 95

1050 1700 2300 2900

110 130 150 170 190

3350 3950 4550 5200 5800

11 000 13 000 15 000 17 000 19 000

115 135 155 175 195

210 230 250 270 290

6400 7000 7600 8250 8850

21 000 23 000 25 000 27 000 29 000

215 235 255 275

310

9450

330 350 370 390

10 050 10 650 11 300 11 900

410 450 490 etc

VFR Flights

Altitude Feet

FL

Altitude

Metres

Feet

FL

Metres

3500 5500 7500 9500

600 1200 1850 2450 3050

2000 4000 6000 8000 10 000

45 65 85 105

1350 2000 2600 3200

4500 6500 8500 10 500

3500 4100 4700 5350 5950

11 500 13 500 15 500 17 500 19 500

120 140 160 180 200

3650 4250 4900 5500 6100

12 000 14 000 16 000 18 000 20 000

125 145 165 185 205

3800 4400 5050 5650 6250

12 500 14 500 16 500 18 500 20 500

6550 7150 7750 8400

21 500 23 500 25 500 27 500

220 240 260 280 300

6700 7300 7900 8550 9150

22 000 24 000 26 000 28 000 30 000

225 245 265 285

6850 7450 8100 8700

22 500 24 500 26 500 28 500

31 000

320

9750

32 000

33 000 35 000 37 000 39 000

340 360 380 400

10 350 10 950 11 600 12 200

34 000 36 000 38 000 40 000

12 500 13 700 14 950

41 000 45 000 49 000

430 470 510

13 100 14 350 15 550

43 000 47 000 51 000

etc

etc

etc

etc

etc

Note 1:Except when, on the basis of regional air navigation agreements, a modified table of cruising levels based on a nominal vertical separation minimum of 300 m (1000 ft) is prescribed for use, under specified conditions, by aircraft operating above FL 410 within designated portions of the airspace Note 2: Magnetic track, or Polar areas at a latitude higher than 70º and within such extensions to those areas as may be prescribed by the appropriate ATS authorities, grid tracks as determined by a network of lines parallel to the Greenwich Meridian superimposed as a Polar Stereographic chart in which the direction towards the North Pole is employed as Grid North Note 3:Except where, on the basis of regional air navigation agreements, from 090º to 269º and from 270º to 089º is prescribed to accommodate predominant traffic directions and appropriate transition procedures to be associated therewith are specified

7-20

Feet

20 40 60 80 100

Air Law

Rules of the Air

Chapter 7

In Other Areas (1)

TRACK

(2)

From 000º to 179º

(2)

From 180º to 359º

IFR Flights

VFR Flights

Altitude

IFR Flights

Altitude

FL

Metres

Feet

FL

Metres

10 30 50 70

300 900 1500 2150

1000 3000 5000 7000

35 55 75

1050 1700 2300

90

2750

9000

95

110 130 150 170 190

3350 3950 4550 5200 5800

11 000 13 000 15 000 17 000 19 000

115 135 155 175 195

210 230 250 270 290

6400 7000 7600 8250 8850

21 000 23 000 25 000 27 000 29 000

330 370

10 050 11 300

410 450 490 etc

VFR Flights

Altitude Feet

FL

Altitude

Metres

Feet

FL

Metres

Feet

3500 5500 7500

20 40 60 80

600 1200 1850 2450

2000 4000 6000 8000

45 65 85

1350 2000 2600

4500 6500 8500

2900

9500

100

3050

10 000

105

3200

10 500

3500 4100 4700 5350 5950

11 500 13 500 15 500 17 500 19 500

120 140 160 180 200

3650 4250 4900 5500 6100

12 000 14 000 16 000 18 000 20 000

125 145 165 185 205

3800 4400 5050 5650 6250

12 500 14 500 16 500 18 500 20 500

215 235 255 275 300

6550 7150 7750 8400 9150

21 500 23 500 25 500 27 500 30 000

220 240 260 280 310

6700 7300 7900 8550 9150

22 000 24 000 26 000 28 000 31 000

225 245 265 285 320

6850 7450 8100 8700 9750

22 500 24 500 26 500 28 500 32 000

33 000 37 000

340 380

10 350 11 600

34 000 38 000

350 390

10 650 11 900

35 000 39 000

360 400

10 950 12 200

36 000 40 000

12 500 13 700 14 950

41 000 45 000 49 000

420 460 500

12 800 14 000 15 250

42 000 46 000 50 000

430 470 510

13 100 14 350 15 550

43 000 47 000 51 000

440 480 520

13 400 14 650 15 850

44 000 48 000 52 000

etc

etc

etc

etc

etc

etc

etc

etc

etc

etc

etc

Note 1: Magnetic track, or Polar areas at a latitude higher than 70º and within such extensions to those areas as may be prescribed by the appropriate ATS authorities, grid tracks as determined by a network of lines parallel to the Greenwich Meridian superimposed as a Polar Stereographic chart in which the direction towards the North Pole is employed as Grid North Note 2:Except where, on the basis of regional air navigation agreements, from 090º to 269º and from 270º to 089º is prescribed to accommodate predominant traffic directions and appropriate transition procedures to be associated therewith are specified.

Air Law

7-21

Chapter 7

Rules of the Air

APPENDIX 1 TO CHAPTER 7 SIGNALS FOR USE IN THE EVENT OF INTERCEPTION Air-to-Air Visual Signals Both intercepting and intercepted aircraft must adhere strictly to the following signals. All signals must be given as per the tables below. The intercepting aircraft must pay particular attention to any signals given by the intercepted aircraft that indicate it is in a state of distress. Signals Initiated by Intercepting Aircraft and Responses by Intercepted Aircraft

Intercepting Aircraft Signals 1

Meaning

DAY or NIGHT Rocking aircraft and flashing navigational lights at irregular intervals (and landing lights in the case of a helicopter) from a position slightly above and ahead of, and normally to the left of, the intercepted aircraft (or to the right if the intercepted aircraft is a helicopter) and after acknowledgement, a slow level turn, normally to the left, (or to the right in the case of a helicopter) on the desired heading

Intercepted Aircraft Responds

Meaning

DAY or NIGHT You have been intercepted follow me

Rocking aircraft, flashing navigational lights at irregular intervals and following

Understood will comply

NOTE: Meteorological conditions or terrain may require the intercepting aircraft to reverse the positions and directions of the turn above. If the intercepted aircraft is not able to keep pace with the intercepting aircraft, the latter is expected to fly a series of racetrack patterns and to rock the aircraft each time it passes the intercepted aircraft

7-22

Air Law

Rules of the Air

Chapter 7

Intercepting Aircraft Signals 2

DAY or NIGHT An abrupt breakaway manoeuvre from the intercepted aircraft consisting of a climbing turn of 90º or more without crossing the line of flight of the intercepted aircraft

3

Meaning

Intercepted Aircraft Responds

Meaning

DAY or NIGHT You may proceed

Rocking the aircraft

Lowering landing gear (if

Land at this

Lowering landing gear (if

Understood

fitted), showing steady landing lights and overflying the runway in use or, if the aircraft is a helicopter, overflying the helicopter landing area. In the case of helicopters, the intercepting helicopter makes a landing approach coming to hover near the landing area

aerodrome

fitted), showing steady landing lights and following the intercepting aircraft and, if, after overflying the runway in use or helicopter landing area, landing is considered safe, proceeding to land

will comply

DAY or NIGHT

Understood will comply

DAY or NIGHT

Signals Initiated by Intercepted Aircraft and Responses by Intercepting Aircraft Intercepted Aircraft Signals 4

5

DAY or NIGHT

Meaning

DAY or NIGHT Aerodrome you have designated is

If it is desired that the intercepted aircraft follow the intercepting aircraft to an

use or helicopter landing area at a height exceeding 1000 ft but not exceeding 2000 ft (in the case of a helicopter, at a height exceeding 170 ft but not exceeding 330 ft) above the aerodrome level, and continue to circle runway in use or helicopter landing area. If unable to flash landing lights, flash any other lights available

inadequate

alternate aerodrome, the intercepting aircraft raises its landing gear (if fitted) and uses Series 1 signals prescribed for intercepting aircraft

Understood follow me

If it is decided to release the intercepted aircraft, the intercepting aircraft uses the Series 2 signals prescribed for intercepting aircraft

DAY or NIGHT

DAY or NIGHT Cannot comply

Use Series 2 signals prescribed for intercepting aircraft

In distress

Use Series 2 signals prescribed for intercepting aircraft

DAY or NIGHT Irregular flashing of all available lights

Air Law

Intercepting Aircraft Responds

Raising landing gear (if fitted) and flashing landing lights while passing over runway in

Regular switching on and off of all available lights but in such a manner as to be distinct from flashing lights 6

Meaning

Understood

DAY or NIGHT Understood

7-23

Chapter 7

7-24

Rules of the Air

Air Law

Reference:

Annex 2 – Rules of the Air

INTRODUCTION When observing or receiving any of the following signals, the pilot of an aircraft shall take the actions required by the signal. The signals are to be used only for the purposes indicated. No other signals that are likely to be confused with the authorised signals shall be used.

EMERGENCY SIGNALS Distress and Urgency Signals These signals are used to indicate that an aircraft (or other vehicle) is in a state of emergency. However, an aircraft in distress may use any means at its disposal to attract attention, make known its position, and obtain help. Distress Signals The state of DISTRESS means that an aircraft is in grave and imminent danger and requires immediate assistance. The following signals may be used separately or together: 

Use of the Morse code group SOS ( 

 

The spoken word MAYDAY (repeated 3 times as an alerting signal) Rockets or shells showing red lights, fired one at a time or at intervals A parachute flare showing a red light



)

Urgency Signals The state of URGENCY exists when an aircraft has an urgent message to transmit regarding the safety of persons or property on board or within sight. The following signals may be used separately, or together: 

Use of the Morse code group XXX (



The spoken words PAN PAN (repeated 3 times as an alerting signal)







)

Assistance not Required When used separately, or together, the following signals mean that an aircraft wishes to give notice of difficulties that compel it to land without requiring immediate assistance:  

Air Law

The repeated switching on and off of the landing lights, or The repeated switching on and off of the navigation lights in a manner that is distinctive from flashing navigation lights

8-1

Chapter 8

Signals

AERODROME SIGNALS Signals for Aerodrome Traffic Aircraft manoeuvring on or flying in the vicinity of an aerodrome are required to look out for and comply with visual signals from the ground. If an aerodrome accepts non-radio traffic, a signal square is positioned on the aerodrome side of the control tower to give information to aircraft airborne. To complement this, a signals mast is positioned near the control tower to give information to aircraft taxiing or stationary on the ground. All visual control rooms (VCR) in control towers are required to be equipped with a signal lamp capable of being aimed at a particular aircraft; showing red, green, and white light; and capable of transmitting visual Morse code. VCRs and where situated, runway caravans, are also equipped with pyrotechnic (flare) cartridges and a means of firing them. The following table contains the lamp and pyrotechnic signals from the VCR or a runway caravan. LIGHT

FROM AERODROME CONTROL TO AIRCRAFT IN FLIGHT

AIRCRAFT ON THE GROUND

Steady Green

Cleared to land

Cleared for take-off

Steady Red

Give way to other aircraft and continue circling

Stop

Series of Green flashes

Return for landing*

Cleared to taxi

Series of Red flashes

Aerodrome unsafe, do not land

Taxi clear of landing area in use

Series of White flashes

Land at this aerodrome and proceed to apron

Return to starting point on the aerodrome

Red Pyrotechnic

Notwithstanding any previous instructions, do not land for the time being * Clearances to land and taxi will be given in due course

ACKNOWLEDGEMENT When seen an acknowledgement is given by: 



When in Flight  During the hours of daylight by rocking the aircraft’s wings;  During the hours of darkness by flashing the aircraft’s landing lights on and off twice or, if not so equipped, by switching its navigation lights on and off twice. When on the Ground  

8-2

During the hours of daylight by moving the aircraft’s ailerons or rudder. During the hours of darkness by flashing the aircraft’s landing lights on and off twice or, if not so equipped, by switching its navigation lights on and off twice.

Air Law

Signals

Chapter 8

VISUAL GROUND SIGNALS These signals are displayed in the signal square: Prohibition of Landing A horizontal red square with yellow diagonals when displayed in a signal area indicates that landings are prohibited and that prohibition is likely to be prolonged.

A horizontal red square with one yellow diagonal when displayed in a signal area indicates that owing to the bad state of the manoeuvring area, or for any other reason, special precautions must be observed in approaching to land or in landing. Use of Runways and Taxiways A horizontal white dumbbell (the name of the shape) when displayed in a signal area indicates that aircraft are required to land, take-off, and taxi on runways and taxiways only.

The same dumbbell but with black bars indicates that aircraft are required to land and take-off on runways only, but other manoeuvres need not be confined to runways and taxiways.

Direction for Take-off or Landing A horizontal white or orange landing T indicates the direction to be used by aircraft for landing and take-off. The same signal may be displayed on the surface of a grass aerodrome without defined runways, to indicate the landing direction. In the absence of a landing “T” pilots should observe the wind indicator (wind-sock) and land in the appropriate direction. LANDING DIRECTION

LAND OR TAKE OFF

Air Law

THIS WAY

8-3

Chapter 8

Signals

Right Hand Traffic A right hand arrow of conspicuous colour (usually red and yellow stripes) indicates that turns are to be made to the right, before landing and after take-off. Turns are normally made to the left and the absence of this signal implies left turns.

Glider Flights in Operation A double white cross displayed horizontally in the signal area indicates that gliders are using the aerodrome.

QDM Boards Two digits displayed vertically at or near to the aerodrome control tower indicate the direction for take-off. These units are expressed in units of 10° to the nearest 10° of the magnetic compass.

26

Closed Runways or Taxiways A cross of a single contrasting colour, yellow or white, displayed horizontally on runways or taxiways indicate an area unfit for the movement of aircraft.

X

Runway

X

Taxiway

Air Traffic Services Reporting Office The letter C vertically in black against a yellow background indicates the location of the ATS reporting office.

C

Mandatory and Information Signs These signs are used on aerodromes. They are covered in detail in the aerodrome section of the notes. Marshalling Signals These signals are designed for use by the marshaller with hands illuminated as necessary to facilitate observation by the pilot, and facing the aircraft in a position:   8-4

For Fixed Wing Aircraft For Helicopters

Forward of the left wing tip within view of the pilot Where the marshaller can best be seen by the pilot Air Law

Signals

Chapter 8

The aircraft engines are numbered: 1 Port (left) outer 2 Port (left) inner 3 Starboard (right) inner 4 Starboard (right) outer To Proceed Under Guidance of another Marshaller Marshaller directs pilot if traffic conditions on aerodrome require this action. Right or left arm down, the other arm moved across the body and extended to indicate position of the other marshaller.

This Bay Arms above head in vertical position with palms facing forward.

Proceed to Next Marshaller Right or left arm down, other arm moved across the body and extended to indicate direction of next marshaller.

TURN Turn to Your Left Right arm Speed downward, arm repeatedly upwardbackward. of arm left movement indicating moved rate of turn.

Turn to Your Right Left arm downward, right arm repeatedly moved upwardbackward. Speed of arm movement indicating rate of turn.

Move Ahead Arms a little aside, palms facing backward and repeatedly moved upward-backward from shoulder height.

Air Law

8-5

Chapter 8

Signals

Stop Arms repeatedly crossed above the head (the rapidity of the arm movement should be related to the urgency of the stop ie the faster the movement the quicker the stop).

BRAKES Engage Brakes Raise arm, and hand with fingers extended, horizontally in front of the body, then clench the fingers.

Release Brakes Raise arm, with fist clenched, horizontally in front of body, then extend fingers.

CHOCKS Chocks Inserted Arms down, palms facing inwards, move arms from extended position inwards.

Chocks Removed Arms down, palms facing outwards, move arms outwards.

Start Engine(s) Left hand overhead with appropriate number of fingers extended, to indicate the number of the engine to be started, and circular motion of right hand at head level.

Cut Engines Either arm and hand level with shoulder, hand across the throat, palm downward. The hand is moved sideways with the arm remaining bent. Slow Down Arms down with palms toward ground.

8-6

Air Law

Signals

Chapter 8

Slow Down Engine(s) on Indicated Side Arms down with palms towards ground, then either right or left hand waved up and down indicating the left or right side engine(s) respectively should be slowed down.

Move Back Arms by sides, palms facing forward, swept forward and upward repeatedly to shoulder height.

All Clear Right arm raised at elbow with thumb erect.

Air Law

8-7

Chapter 8

Signals

SIGNALS FROM THE PILOT OF AN AIRCRAFT TO A MARSHALLER These signals are designed for use by a pilot in the cockpit with hands plainly visible to the marshaller, and illuminated as necessary to facilitate observation by the marshaller.

(a) Raise arm and hand with fingers extended horizontally in front of face, then clench fist. Meaning Brakes engaged.

(b) Raise arm with fist clenched horizontally in front of face, then extend fingers. Meaning Brakes released.

(c) Arms extended palms facing outwards, move hands inwards to cross in front of face. Meaning Insert chocks.

(d) Hands crossed in front of face, palms facing outwards, move arms outward. Meaning Remove chocks.

(e) Raise the number of fingers on one hand indicating the number of the engine to be started. For this purpose the aircraft engines shall be numbered as follows, No. 1 engine shall be port outer engine. No. 2, the port inner engine, No. 3, the starboard inner engine and No. 4, the starboard outer engine. Meaning Ready to start engine.

8-8

Air Law

References:

Procedures for Air Navigation Services - Aircraft Operations (Document 8168Ops/611, Volume 1), Volume I - Flight Procedures Procedures for Air Navigation Services - Rules of the Air and Air Traffic Services (Document 4444 –RAC/501)

EXPRESSION OF VERTICAL POSITION Altitude The vertical position of an aircraft with reference to mean sea level is referred to as altitude. To display this on the aircraft altimeter, the mean sea level barometric pressure derived for a known location is set in the altimeter sub scale. This setting is referred to as QNH. Height The vertical position of an aircraft with reference to a defined position on the surface of the Earth is referred to as height. To display this on the aircraft altimeter, the barometric pressure observed at a known location is set in the altimeter sub scale. This setting is referred to as QFE. Unit of Measure Altitude and height are measured in metres (the SI unit defined in Annex 5) or by use of the alternative SI unit of measure, feet. The majority of altimeters in use in aircraft are calibrated in feet. The alternative unit of measure will continue to be used until the North American states decide to fully metricise units of measure used in those states. Flight Levels Cruising levels are usually defined as Flight Levels (FLs). A flight level (FL) is the vertical position of an aircraft above a constant plane of equal barometric pressure. The standard pressure setting (SPS) is 1013 hPa (or the more commonly used unit; mb. 1hPa = 1 mb). FLs are defined by thousands of feet with intervals of 500 ft. FL0 (flight level zero) exists at the vertical position where the barometric pressure is (or would be) 1013 mb. Therefore FL50 is 5000 feet above the pressure level of 1013 mb, and FL55 is 5500 ft above the pressure level of 1013 mb. By using FLs all transiting aircraft in the vicinity of each other can be separated vertically without the need to reference to either local QNH or local QFE. QNE If the local QNH is below the limit of the altimeter subscale (usually about 930 mb), the altitude at touchdown will not be displayed. In order to overcome this, the pilot is instructed to set the SPS (1013 mb) and land with a reference altitude displayed on the altimeter. This reference altitude is referred to as QNE. Many pilots mistakenly think that QNE is the SPS. It is not. It is the altitude displayed at touchdown with 1013 mb set in the sub scale of the altimeter.

Air Law

9-1

Chapter 9

Altimeter Settings Procedures

TRANSITION Changing from QNH to SPS and the Reverse In order to maintain ATC separation between arriving and departing IFR flights, the points at which the altimeter setting is changed from QNH to SPS for departing aircraft, and from SPS to QNH for arriving aircraft is defined by the authority. ICAO requires that the authorities of all states define a transition altitude either generally or for each individual aerodrome. At the transition altitude the QNH is replaced by SPS for departing aircraft. By use of defined tables, the ATC authority at an aerodrome calculates the transition level at which arriving aircraft reset the altimeter subscale from SPS to QNH. Transition Altitude (TA) ICAO requires the TA at an aerodrome to be not less than 3000 ft. States are permitted to specify a general TA as in the case of the USA and Canada. In these states the TA is 18 000 ft. In the UK the TA varies between 3000 ft as generally applied, and 6000 ft for the London CTR. It has been suggested that a general TA of 6000 ft be applied over the whole of the UK. Transition Level (TL) Approach control offices or aerodrome control towers are required to establish the TL to be used in the vicinity of the aerodrome(s) for the appropriate period of time, on the basis of QNH reports and forecast msl pressure if required. Adjacent aerodromes may define a common TL based on the lowest of the aerodromes QNH. The TL is defined as the first available FL above the TA. Example of Determining the TL If the TA at an aerodrome is 3000 ft and the QNH is 1012 mb, when a departing pilot reaches 3000 ft the altimeter is reset from QNH to 1013 mb. This requires 1 mb to be ‘wound on’, increasing the displayed altitude by approx 27 ft. Thus the altimeter will read 3027 ft with 1013 set. The first FL above 3027 ft is FL35. This is then the TL. This assumes that FL35 is the first available FL. Some states specify a minimum depth to the Transition Layer (see below). For IFR traffic the first available FL would be FL40 (FL35 is a VFR FL). Transition Layer The airspace between the TA and TL is called the Transition Layer. Generally the maximum depth of the Transition Layer is 500 ft. However, some states (Norway for example) specify a minimum depth for the Transition Layer. In the case of Norway, it is 1000 ft. Note: In the above example of determining the TL, if the state specified a minimum depth of the Transition Layer of 1000 ft, the TL in that example would be 3027 + 1000 = 4027 ft. First available FL above 4027 is FL45.

9-2

Air Law

Altimeter Settings Procedures

Chapter 9

Climbing through transition level, 1013 set, report FL Altimeter reads 3230 ft

Descending through transition level, QNH set, report altitude Set QNH 1003 TL Altimeter reads 3270 ft

Transition Layer 230 ft

Transition Level FL35

TAlt

Set 1013 Transition Altitude 3000 ft

QNH 1003 mb

1003 mb 1013 mb

Reporting Vertical Position in the Transition Layer While ascending through the transition layer, vertical position is reported as a flight level (SPS is set), and as altitude when descending (QNH is set).

USE OF QNH OR QFE Instrument Approach Pilots are normally instructed to set the QNH at the commencement of an instrument approach procedure even though the aircraft is above the TL. Use of QFE A pilot may elect to use either QNH or QFE as the reference for vertical position during an approach to land. When an aircraft is completing its approach using QFE, the datum reference for height will be the aerodrome elevation except where the elevation of a runway being used for an instrument approach is 2 m (7 ft) or more below the aerodrome elevation. Runway threshold elevation is always used as the reference for precision instrument approaches.

Air Law

9-3

Chapter 9

Altimeter Settings Procedures

FLIGHT PLANNING Enroute Where a transition altitude has not been established, for flights enroute the vertical position of aircraft is expressed in terms of:  

Flight levels at or above the lowest usable flight level Altitudes below the lowest usable flight level

Provision of Information Altimeter setting information is available from ATCUs and FICs to allow pilots to verify lowest enroute altitudes and lowest safe FLs and to calculate terrain clearance. The transition level should be included in an approach clearance when requested by the pilot or when the appropriate authority deems it necessary. QNH is included in approach clearances or clearances to enter the traffic circuit, and in taxi clearances for departing aircraft, except when it is known that the aircraft has already received the information. QFE is provided to aircraft on request or on a regular basis in accordance with local arrangements. Round Down Altimeter settings provided to aircraft are rounded down to the nearest lower whole hectopascal (mb). Pre-Flight Altimeter Operational Test The following test is carried out in an aircraft by flight crew members prior to commencement of a flight. With the aircraft at a known elevation on the aerodrome:   

Set the altimeter pressure scale on the current QNH/QFE setting Vibrate the instrument by tapping unless mechanical vibration is provided A serviceable altimeter indicates the elevation of the point selected, plus the height of the altimeter above this point, within a tolerance of:  

± 20 m (60 ft) for altimeters with a test range of 0 to 9000 m (0 to 30 000 ft) ± 25 m (80 ft) for altimeters with a test range of 0 to 15 000 m (0 to 50 000 ft)

Minimum Sector Altitude Within 25 nm of an aerodrome, the authority defines minimum sector altitudes (MSA) for each quadrant of the magnetic compass. The MSA is the lowest altitude to which an approaching aircraft (under approach control) is permitted to descend prior to commencing an instrument approach or before visual contact with the ground is established and maintained. The MSA is published on each approach plate for the aerodrome.

9-4

Air Law

Altimeter Settings Procedures

Chapter 9

MSA shown on arrival plate MSA shown on SID plate

Air Law

9-5

Chapter 9

9-6

Altimeter Settings Procedures

Air Law

References:

Procedures for Air Navigation Services - Aircraft Operations (Document 8168-

OPS/611, Volume 1), Volume I - Flight Procedures

INTRODUCTION It is not always possible to operate in good visual met conditions. Modern aircraft and radio navigation facilities permit operations in poor weather and low visibility so that a scheduled commercial service can meet the commitment of the schedule and the expectation of the travelling public. In ATC the use of radar has revolutionised terminal control but there is still a need for the pilot to gain some sort of visual criteria (visual contact with the ground) during landing operation. To this end, highly technical systems and strictly imposed procedures have been devised to reduce reliance on visual contact to the minimum. This chapter of the notes explores the instrument procedures and associated systems which permit what is termed as ‘low visibility’ operations.

PUBLICATIONS ICAO details the SARPs for low visibility operations in Annex 6. Because the subject is large and technically complex, technical details, procedural amplification, and guidance to operators is contained in ICAO Document 8168 - Procedures for Air Navigation Services - Aircraft Operations (This book is known as PANS-OPS). The document consists of two volumes: Volume I - Flight Procedures This volume describes the operational procedures recommended for the guidance of flight operations personnel. It also outlines the various parameters on which the criteria in Volume II are based so as to illustrate the need for operational personnel including flight crew to adhere strictly to the published procedures in order to achieve and maintain an acceptable level of safety in operations. Volume II - Construction of Visual and Instrument Procedures This volume is intended for the guidance of procedure specialists and describes the essential areas and obstacle clearance requirements for the achievement of safe, regular instrument flight operations. It provides the basic guidelines to States, and those operators and organizations producing instrument flight charts, that will result in uniform practices at all aerodromes where instrument flight procedures are carried out. The LOs do not require the student to study this part of Doc 8168.

Air Law

10-1

Chapter 10

Instrument Procedures

OBSTACLE CLEARANCE The overriding concern with regard to low visibility operations is the unwanted occurrence of ‘controlled flight into terrain’. Once above the transition level or whilst in the cruise, the procedures outlined in Chapter 9 provide the necessary elements of safety from terrain. However, in the process of taking-off and landing the aircraft must inevitably be flown below the defined safety altitude. During these phases of flights, strict adherence to the procedures and the laid down minima is required; complying with these minima will keep the aircraft on the specified flight path and, therefore, safe. However, the man/machine system, despite being highly trained and technically complex, is not perfect, and tolerances have to be applied to cover inadvertent deviation. This must inevitably lead to the introduction of risk. In compiling the procedures using the systems specified in PANS-OPS, an acceptable risk factor has been defined at 1:10 000 000.

ABBREVIATIONS In Chapter 1, there is a comprehensive list of abbreviations used in the examinations. In this section, certain specific abbreviations are detailed as required knowledge. These are reproduced below. Abbreviations Used

C/L DA/H DER DR EFIS FAF FAP FMS

Automatic terminal information service Centre line Decision altitude/height Departure end of the runway Dead reckoning Electronic flight instrument system Final approach fix Final approach point Flight management system

NOZ NTZ OCA/H OIS OM PAR PDG RNAV RSR RSS

Normal operating zone No transgression zone Obstacle clearance altitude/height Obstacle identification surface Outer marker Precision approach radar Procedure design gradient Area navigation En-route surveillance radar Root sum square

HSI IAF IF MAPt MDA/H MOC

Horizontal situation indicator Initial approach fix Intermediate fix Missed approach point Minimum descent altitude/height Minimum obstacle clearance

SID SOC SPI STAR TAR TP

Standard instrument departure Start of climb Special position indicator Standard instrument arrival Terminal area surveillance radar Turning point

ATIS

DEPARTURE PROCEDURES The natural environment of an aircraft is in the air. On the ground or during the transition from ground to air the machine is at its most vulnerable. Departure procedures ensure the safe take-off and initial climb to safe flying speed, and then concentrate on positioning the aircraft at the right point and altitude to commence the en-route portion of the flight. The criteria in part 1 of PANSOPS are designed to provide flight crews and other flight operations personnel with an appreciation, from the operational point of view, of the parameters and criteria used in the design of instrument departure procedures which include, but are not limited to, standard instrument departure (SID) routes and associated procedures. These assume that all engines are operating normally. The ‘engine-out’ case or other emergency situation is the subject of special instructions which the operator is required by law to define. Such procedures are outside the LOs for Air Law. In order to ensure acceptable clearance above obstacles during the departure phase, instrument departure procedures may be published as specific routes to be followed (SIDs), or omnidirectional departures (which may specify sectors to be avoided), together with procedure design gradients (PDGs) and details of significant obstacles. 10-2

Air Law

Instrument Procedures

Chapter 10

THE INSTRUMENT DEPARTURE PROCEDURE The design of an instrument departure procedure, including the positioning of navigation aids, is dictated by factors such as the terrain surrounding the aerodrome and ATC requirements. At many aerodromes, a defined departure route is not required for ATC purposes. However, there may be obstacles in the vicinity of the aerodrome that will have to be considered in determining whether restrictions to departures are to be applied. In these cases, departure procedures may be restricted to a given sector(s), or published with a PDG in the sector containing the obstacle. Noise Abatement The use of automatic take-off thrust control systems (ATTCS) and noise abatement procedures will need to be taken into consideration by the pilot and the operator. Lack of Navigation Aids Where no suitable navigation aid is available, the criteria for omni-directional departures are applied. Visual Minima Where obstacles cannot be cleared by the appropriate margin when the aeroplane is flown on instruments, aerodrome operating minima are established to permit visual flight clear of obstacles. Visual minima are defined as required ground visibility and cloud base prevailing at the departure aerodrome. Straight Departures Wherever possible, a straight departure will be specified which is aligned with the runway centre line. Turning Departures When a departure route requires a turn of more than 15° to avoid an obstacle, a turning departure is constructed. Wherever limiting speeds or flight speeds are promulgated, they must be complied with to remain within the appropriate areas. If an aeroplane operation requires a higher speed, then an alternative departure procedure must be requested.

ESTABLISHMENT OF A DEPARTURE PROCEDURE A departure procedure will be established for each runway where instrument departures are expected to be used. This will define a departure procedure for the various categories of aircraft based on all-engines running PDG of 3.3% or an increased PDG if required to achieve minimum obstacle clearance. Wind Effect The procedures will assume that pilots will not compensate for wind effects when being radar vectored, but will compensate for known or estimated wind effect when flying departure routes which are expressed as track to be made good. Procedure Design Gradient Obstacle clearance is a primary safety consideration in the development of instrument departure procedures. The criteria used and the detailed method of calculation are covered in the PANSOPS Volume II. The protected areas and obstacle clearance applicable to individual types of departure are discussed later in this chapter. Unless otherwise published, a PDG of 3.3% is assumed. Air Law

10-3

Chapter 10

Instrument Procedures

The PDG is made up of 2.5% gradient of obstacle identification surfaces or the gradient based on the most critical obstacle penetrating these surfaces, whichever is the higher gradient, plus 0.8% increasing obstacle clearance. Gradients published will be specified to an altitude/height after which the minimum gradient of 3.3% is used. The final PDG continues until obstacle clearance is ensured for the next phase of flight. At this point the departure procedure ends and is marked by a significant point. The minimum obstacle clearance equals zero at the DER and increases by 0.8% of the horizontal distance in the direction of flight assuming a maximum turn of 15°. In the turn initiation area and turn area a minimum obstacle clearance of 90 m (295 ft) is provided. Where mountainous terrain exists, consideration is given by the procedure designer to increasing the minimum obstacle clearance. Whenever a suitably located DME exists, additional specific height/distance information intended for obstacle avoidance may be published. RNAV way-points or other suitable fixes may be used to provide a means of monitoring climb performance. Where obstacles exist affecting the departure route, PDGs greater than 3.3% are promulgated to an altitude/height after which the 3.3% gradient is considered to prevail. Gradients to a height of 60 m (200 ft) or less, caused by close-in obstacles, are not specified. Mountainous Terrain In areas where the terrain is described as ‘mountainous’ the minimum obstacle clearance (MOC) is increased from 1000 ft to 2000 ft. Mountainous terrain is defined as terrain over which the prevailing wind of 37 km/h generates significant downdraughts.

PDG = 3.3%

This altitude/height is to be published if more than 200 ft

2.5% = 0.8% 4.5%

3.7%

OIS 2.5%

5m (16ft)

DER

Obstacle

Aerodrome Elevation

Procedure Design Gradient

10-4

Air Law

Instrument Procedures

Chapter 10

Aircraft Categories In defining procedures where turns are required, the aircraft speed must be taken into account so that the aircraft remains in the protected zone, established by the procedure designer, during the turn. The following table defines the maximum speeds for the different categories of aircraft: Maximum Speeds For Turning Departures Aeroplane Category

Maximum Speed km/h (kts)

A B

225(120) 305(165)

C D E

490(265) 540(290) 560(360)

Table: Max Speed for Turning Departures

STANDARD INSTRUMENT DEPARTURES A SID is normally developed to accommodate as many aircraft categories as possible. Departures that are limited to specific aircraft categories are clearly annotated. The SID terminates at the first fix/facility/way-point of the enroute phase following the departure procedure. There are two basic types of departure route, straight and turning. The design of instrument departure routes and the associated obstacle clearance criteria are based on the definition of tracks to be followed by the aeroplane. When flying the published track, the pilot is expected to correct for known wind to remain within the protected airspace.

STRAIGHT DEPARTURES A straight departure is one in which the initial departure track is within 15° of the runway centre line. Track guidance may be provided by a suitably located facility (VOR or NDB) or by RNAV. By definition, track for a straight departure must be attained from a navigation facility within 20 km (10.8 nm)guidance from DER.

VOR 7.8°/NDB 10.3°

DER

15°

15° C/L

1.9 nm

3.7 km (2 nm) VOR Departure Track 4.6 km (2.5nm) NDB

Area 1 Max 15°

VOR/NDB

Area 2

VOR 7.8°/NDB 10.3°

Area for a Straight Departure with Track Guidance

Air Law

10-5

Chapter 10

Instrument Procedures

TURNING DEPARTURES When a turning departure requires a turn of more than 15°, a turning area is constructed and the turn required is commenced upon reaching a specified altitude/height, at a fix or at a facility (VOR/NDB). Straight flight is assumed until reaching an altitude of 120 m (394 ft) above the elevation of DER. Track guidance must be obtained within 10 km (5.4 nm) after the completion of the turn.

Splay angle VOR 7.8°/NDB 10.3°

C/L

VOR/NDB

15°

Departure Track 3.7 km (2 nm) VOR 4.6 km (2.5nm) NDB 30°

30°

Fix Tolerance

15° 15°

DER

Turning Departure – Turn at a Fix

CONTINGENCY PROCEDURES Development of contingency procedures required covering the case of engine failure or an emergency in flight that occurs after V1, is the responsibility of the operator. When it is necessary to develop turning procedures to avoid an obstacle which would have become limiting, then the procedure should be detailed in the appropriate operator’s manual. The point for a start of a turn in this procedure must be readily identifiable by the pilot when flying under instrument conditions. Omni-directional Departures Where no track guidance is provided in the design, the departure criteria are developed by using the omni-directional method. The departure procedure commences at the DER, which is the end of the area declared suitable for take-off, either the end of the runway or clearway as appropriate. Since the point of lift-off will vary, the departure is constructed on the assumption that a turn at 120 m (394 ft) above the elevation of the aerodrome will not be initiated sooner than 600 m from the beginning of the runway.

10-6

Air Law

Instrument Procedures

Chapter 10

Unless otherwise specified, a 3.3% PDG is presumed. The basic procedure ensures that the aircraft will climb on the extended runway centre line to 120 m (394 ft) before turns can be specified, and at least 90 m (295 ft) of obstacle clearance will be provided before turns greater than 15° can be specified. Where obstacles do not permit the development of omni-directional procedures, it is necessary to fly a departure route, or ensure that the ceiling and visibility will permit obstacles to be avoided by visual means. The omni-directional departure procedure is designed using any one of a combination of the following:

30° 15° Centre Line Area 1

Area 2

3.5 km (1.9 nm) or less

d

d = distance where the aircraft climbing at the minimum gradient (3.3% or the gradient specified in the procedure whichever is the higher) will have reached the specified turn height/altitude. If the turn height is 120m above the DER this distance is 3.5 km (1.9 nm) for a 3.3% gradient.

Turn Initiation Area for Omnidirectional Departure Standard Case Where no obstacles penetrate the 2.5% OIS and 90 m (295 ft) of obstacle prevails; a 3.3% climb to 120 m (394 ft) will satisfy the obstacle clearance requirements. Specified Turn Altitude/Height Where obstacle(s) preclude omni-directional turns at 120 m (394 ft), the procedure will specify a 3.3% climb to an altitude/height where omni-directional turns can be made. Specified Procedure Design Gradient Where obstacle(s) exist, the procedure may define a minimum gradient of more than 3.3% to a specified altitude/height before turns are permitted. Sector Departures Where obstacle(s) exist, the procedure may identify sector(s) for which either a minimum gradient or a minimum turn altitude/height is specified. A clearance for such a procedure “Climb straight ahead to 1000 ft before commencing a turn to the South”

Air Law

10-7

Chapter 10

Instrument Procedures

PUBLISHED INFORMATION Departure routes and standard instrument departures (SIDs) are produced and published in accordance with Annex 11 and Annex 4. The information listed will be published for operational reasons. For departure routes, the following information is promulgated:  



 

Significant obstacles which penetrate the OIS; The position and height of close-in obstacles penetrating the OIS. A note is included on the SID chart whenever close-in obstacles exist which were not considered for the published PDG; The highest obstacle in the departure area, and any significant obstacle outside the area which dictates the design of the procedure; The altitude/height at which a gradient in excess of 3.3% is no longer used. A note is included whenever the published PDG is based only on airspace restriction; All navigation facilities, fixes or way points, radials and DME distances depicting route segments are clearly indicated on the SID chart.

RNAV Routes Departure routes are labelled as RNAV only when that is the primary means of navigation utilized. Omnidirectional Departures For omni-directional departures, the restrictions will be expressed as sectors in which minimum gradients and/or minimum altitudes are specified to enable an aeroplane to safely overfly obstacles. The published minimum gradient will be the highest in any sector that may be expected to be overflown. The altitude to which the minimum gradient is specified will permit the aircraft to continue at the 3.3% minimum gradient through that sector; a succeeding sector, or to an altitude authorized for another phase of flight eg en-route, holding or approach. A fix may also be designated to mark the point at which a gradient in excess of 3.3% is no longer required.

AIRWAYS DEPARTURE ROUTES (SID CHARTS) For aerodromes which are used for IFR flights for commercial aviation, SIDs are published to cater for the operator preferred departure directions. A SID will provide track and altitude information to place the departing aircraft in the most advantageous position to enter the appropriate airway at the commencement of the enroute phase. The SID will also specify limitations to altitude and specific track requirements to avoid arriving traffic, restricted, prohibited, and danger areas, and also other aerodromes and their specific departure and arrival routes. Typically, a SID will require more than one radio beacon (VOR/NDB) and will normally use DME information from VOR/DME or VORTAC facilities. Due to the limited requirements for IFR navigation equipment in aircraft (1 ADF and 2 NAV receivers), SIDS will not specify data to be obtained at any one instant from more than 2 VORs and 1 NDB. SIDs will normally be restricted to 25 nm from DER, and ATC service will be provided by the approach controller responsible for traffic in the CTR.

10-8

Air Law

Instrument Procedures

Chapter 10

Radar Where radar is used for approach control, once identified by SSR a pilot may be instructed to route directly to position. In such cases the aircraft will be navigated directly to that position without compliance with the SID. Noise Abatement SIDs reflect the preferred noise abatement routes. Initially, the SID will require a climb to 120 m (394 ft) but in practice (and to make system management easier) a climb to 500 ft is specified. At 500 ft turns may be commenced, and the pilot is required to continue the climb as required by the SID with power, gear, flaps and lift enhancers in the noise abatement configuration, and to fly at the specified speed. In an emergency, or when the PIC considers that his aircraft would be hazarded by compliance with noise abatement procedures, any power or configuration may be used, however, the operator/pilot will have to justify the action subsequently. GNSS Procedures The use of GNSS is approved for departure procedures in many states and procedures are published in the form of GNSS/FMS/RNAV SIDS. Where a GNSS SID is used, the pilot must have available data from non GNSS sources (i.e. VOR/DME) so that a cross check can be made to ensure the system is functioning correctly. GNSS SIDs are titled RNAV (PRNAV). SID Chart Publication Each state publishes SID charts in the AIP AD section as part of the entry for the appropriate aerodrome. Charts are also commercially published by Jeppesen, Aeradio, and some operators print their own (e.g. Airtours). The SARPs specify the basic information to be displayed but the commercial charts are usually far more comprehensive. If a pilot is instructed to fly a procedure for which he/she doesn’t have the chart, ATC will, on request, detail the procedure by RTF. The following SID charts are reproductions of aerodrome procedures from the UK AIP. The first chart depicts the Midhurst SIDs from Heathrow. These departure procedures would be used for flights to Northwest France, The Channel Islands and possibly Spain and Portugal. They place the departing aircraft in a position to join airway A34 and then into A1 at FL75 and above. The Manchester SIDs via Honiley depict the route flown by flights joining A1 southbound. The final chart depicts a trial route for FMS/GNSS operations from Luton to the East and South East. Note the accuracy of the check positions for the waypoints (accurate to 1/100 of a second of longitude, approximately 30 cm). SID Designators SIDs are ATS routes (see Chapter regarding ATS and Airspace). Each SID is given a unique identifier called a designator. The chart below (London Heathrow – Midhurst SIDs) shows all the current SIDs from the departure runways at Heathrow terminating at the Midhurst VOR. The route from 27R is called MID4F. The full designator would be ‘London Heathrow SID MID4F’. The number relates to the progressive series of routes. At some point in history there was MID1, the current MID series is 3 and 4. The letter shows the ‘amendment/change’ status of the SID route. When the series reaches 9 and a new series is required, the number reverts to 1. An amendment to SID MID4F would be called MID4G.

Air Law

10-9

Chapter 10

Instrument Procedures

Standard Instrument Departures from Heathrow via Midhurst VOR Note that SIDs 3G; 3H and 4F use the Burnham NDB as well as the London and Midhurst VORs with their associated DME. The ‘S’ bend on the westerly routes is to avoid the airspace associated with Farnborough.

10-10

Air Law

Instrument Procedures

Chapter 10

Standard Instrument Departures from Manchester via Honiley VOR

Air Law

10-11

Chapter 10

Instrument Procedures

Example of a GNSS SID for London Luton 10-12

Air Law

Instrument Procedures

Chapter 10

HE INSTRUMENT APPROACH PROCEDURE The objective of an instrument approach procedure is to provide the pilot with specific track guidance such that a descent can be made to an altitude where the required visual criteria are obtained and the aircraft landed visually. The design of an instrument approach procedure is, in general, dictated by the terrain surrounding an aerodrome, the type of operations contemplated, and the aircraft to be accommodated. There are two types of instrument procedures:  

Non precision approaches (an airfield approach); and Precision approach (runway approach).

Non Precision Procedures A non precision procedure is defined as in anazimuth approach to an aerodrome made an withNDB reference to instruments in which guidance is given (laterally) only. Typically or VOR procedure is non precision. Precision Procedures Precision procedures give the pilot guidance in azimuth (by defining a track to be flown) and elevation (by defining a glide path with reference to electronic equipment). Typically, an ILS approach is a precision procedure. Precision Categories ICAO and JARs specify categories of precision approach in terms of decision height/altitude and required runway visual range. The ICAO categories are: Table: Precision categories Category

CAT I

System minima 60 m

Decision Height

Not less than 200 ft

RVR requirement Not less than 550 m or ground visibility not less

(200 ft) 30 m (100 ft)

Less than 200 ft but not less than 100 ft

Not less than 350 m

CAT III A

Nil

Less than 100 ft or no DH

Not less than 200 m

CAT III B

Nil

Less than 50 ft or no DH

Not less than 50 m *

CAT III C

Nil

No DH

None

CAT II

than 800 m

* JAR OPS specifies 75 m RVR minimum for CAT III B Speed Aircraft performance has a direct effect on the airspace and visibility needed to perform the various manoeuvres associated with the conduct of instrument approach procedures. The most significant performance factor is aircraft speed. Accordingly, five categories of typical aircraft have been established. Each category is based on the speed at which the pilot attempts to cross the threshold of the landing runway, Vat. (Defined as 1.3 times stalling speed in the landing configuration at maximum certificated landing mass). This provides a standardised basis for relating aircraft manoeuvrability to specific instrument approach procedures. The instrument approach chart will specify the individual categories of aircraft for which the procedure is approved. Normally, procedures will be designed to provide protected airspace and obstacle clearance for aircraft up to and including Category D. Where airspace requirements are critical, procedures may be restricted to lower speed categories. Air Law

10-13

Chapter 10

Instrument Procedures

Table: Aircraft categories for Instrument Approaches Aircraft category

Vat

Range of speeds for initial approach

Range of final approach speeds

Max speed for visual circling

Max speed for missed approach Intermediate

Final

A

View more...

Comments

Copyright ©2017 KUPDF Inc.
SUPPORT KUPDF