Gavin Howe
Aviation law is a complex and highly specialised field of law that governs the legalities and business aspects of flight and air transport. It covers a wide range of issues, including air traffic rights, aviation safety and security, economic regulations of airlines, and the operation of airports. Aviation law is applied at both the national and international levels, with the majority of aviation law being handled at the federal or state level. At the international level, the International Civil Aviation Organization (ICAO), a specialised agency of the United Nations, provides general rules and mediates international concerns. Nationally, countries such as the United States and those in Europe consider aviation law a federal or state-level concern, with agencies such as the Federal Aviation Administration (FAA) in the US and the European Aviation Safety Association (EASA) in Europe being responsible for certifying all new aircraft worldwide. Aviation law also covers litigation on behalf of families who have suffered loss or injury due to aircraft tragedies and the defence of aviation professionals accused of violating regulations.
| Characteristics | Values |
|---|---|
| Purpose | To facilitate freedom of movement for humans and to protect and regulate this necessary rational action |
| Nature | A set of rules of conduct derived from a generally recognized concept of universal justice |
| Jurisdiction | In the US and most European nations, aviation law is considered a federal or state-level concern |
| Aviation Law vs Admiralty Law | Unlike admiralty law, aviation law in the US is not held under the same Federal mandate of jurisdiction |
| Aviation Law vs Space Law | Space law is a new area of law that governs matters beyond the Earth's atmosphere |
| Scope | Aviation law regulates everything from buying a plane ticket to traveling in national and international airspace |
| Enforcement | Aviation law is a system of rules usually enforced through a set of institutions |
| Impact | Aviation law affects everyday life and society in a variety of ways |
What You'll Learn
Aviation law and federal vs. state jurisdiction
Aviation law is a branch of law that deals with flight, air travel, and associated legal and business concerns. In the United States, aviation law is considered a federal or state-level concern, with the federal government holding the primary mandate for its administration. While states have some indirect regulatory powers, such as zoning laws and product liability laws, they cannot directly govern most aviation matters and must look to federal laws and case law for guidance.
The federal government, through the Federal Aviation Administration (FAA), governs the applied aspects of flight and has enacted several statutes and created administrative agencies to regulate air traffic. The FAA is responsible for certifying and registering aircraft, establishing safety standards, and overseeing civil aviation. The United States Congress has also passed several federal laws pertaining to air navigation, including the 1926 Air Commerce Act and the 1958 Federal Aviation Act, which established the FAA.
In contrast, state governments have more limited jurisdiction in aviation matters. While they are prohibited from regulating rates, routes, or services of air carriers authorized under the Federal Aviation Act, states can enact their own laws as long as they are consistent with federal legislation. For example, states can pass laws related to airport zoning and usage restrictions, and they retain jurisdiction over product liability laws pertaining to aviation manufacturers.
The expansion of federal court jurisdiction in aviation cases over the past decade has made it more challenging for plaintiffs to file and maintain cases in state courts. Federal jurisdiction is now guaranteed in specific types of cases, such as personal injury or death cases arising on international flights. Additionally, the Multiparty, Multiforum Trial Jurisdiction Act ensures that major airline disaster cases are heard in federal court.
The interplay between federal and state jurisdiction in aviation law can be complex, and it is essential to consider the specific circumstances of each case to determine the appropriate legal framework.
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The Federal Aviation Administration (FAA)
The FAA's responsibilities include regulating all aspects of civil aviation within federal jurisdiction, including air traffic control, safety rulemaking, accident investigation, and economic regulation of airlines. The FAA also has the power to regulate airline fares and determine the routes individual carriers serve. In addition, the FAA is responsible for a common civil-military system of air navigation and air traffic control.
The FAA has a long history of ensuring aviation safety and improving the country's air navigation system. It has introduced various innovations, such as the low-frequency radio range navigation beacon system and the automated radar traffic control system. The FAA also works to prevent aviation accidents and enhance the safety of air travel. For example, after the fatal Grand Canyon mid-air collision in 1956, the FAA took steps to mitigate the risk of mid-air collisions.
The FAA has also played a crucial role in responding to national security threats. Following the September 11, 2001, terrorist attacks, the FAA immediately put a ground stop on all air traffic—the first time in US aviation history. The FAA also provided the FBI with the names of potential hijackers. The Aviation and Transportation Security Act of 2001 was enacted, establishing the Transportation Security Administration within the Department of Transportation to protect air travel and other transportation modes from criminal activity.
The FAA continues to work towards enhancing the safety, security, efficiency, and environmental compatibility of the nation's air transportation system.
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International Civil Aviation Organization (ICAO)
The International Civil Aviation Organization (ICAO) is a specialised agency of the United Nations that deals with the rules and regulations of international air navigation and transport. It was formed in 1944 when 52 countries signed the Convention on International Civil Aviation, also known as the Chicago Convention. The ICAO is responsible for coordinating and fostering the planning and development of international air transport to ensure safe and orderly growth.
The ICAO Council is the political body of the ICAO, and it adopts standards and recommended practices concerning air navigation, infrastructure, flight inspection, the prevention of unlawful interference, and the facilitation of border-crossing procedures for international civil aviation. The Council consists of 36 members, elected every three years by the Assembly, and is made up of three groups: Group I (Chief Importance), Group II (Large Contributions), and Group III (Geographic Representations).
The Air Navigation Commission (ANC) is the technical body within the ICAO and is composed of 19 commissioners who are nominated by the contracting states and appointed by the ICAO Council. The commissioners serve as independent experts and are responsible for developing International Standards and Recommended Practices, which are then sent to the Council for consultation and coordination with member states before final adoption.
The ICAO also defines the protocols for air accident investigations, which are followed by transport safety authorities in countries that are signatories to the Chicago Convention. Additionally, the ICAO standardises certain functions for the airline industry, such as the Aeronautical Message Handling System (AMHS), and it maintains standards for aircraft registration and aircraft type designators.
The ICAO has seven regional offices and one regional sub-office, located in Bangkok, Nairobi, Paris, Cairo, Mexico City, Lima, Dakar, and Beijing. As of April 2019, the ICAO has 193 members, consisting of nearly all UN members, plus the Cook Islands.
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Aviation law and international law
Aviation law is a branch of law that concerns flight, air travel, and associated legal and business concerns. Due to the international nature of air travel, aviation law is often considered a matter of international law. However, the business aspects of airlines and their regulation also fall under aviation law, which is typically handled at the federal or state level within individual nations.
In the United States, for example, aviation matters are generally governed by federal laws and case law, rather than by individual states. The Federal Aviation Administration (FAA) governs applied aspects of flight in the US and, along with the European Aviation Safety Agency, is responsible for certifying new aircraft.
On an international level, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns regarding aviation law. The ICAO is a specialized agency of the United Nations that sets standards and recommended practices for international civil aviation. It works to ensure the safe and orderly growth of international civil aviation, promote the development of aviation infrastructure, and meet the safety and efficiency needs of international air transport.
The development of international aviation law has been influenced by various treaties and conventions, including the Paris Convention of 1919, the Chicago Convention of 1944, the Tokyo Convention of 1963, and the Montreal Convention of 1999. These agreements have established principles and regulations governing international air service, criminal offenses on aircraft, and liability provisions for international airlines.
The specifics of aviation law vary between nations, but it generally encompasses the operation of aircraft, the maintenance of aviation facilities, and the use of airspace for aviation. Aviation law can also include zoning laws related to airport locations and restrictions on airport usage.
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Aviation law and business aspects of airlines
Aviation law is a branch of law that concerns flight, air travel, and associated legal and business concerns. It is considered a federal or state-level concern in the United States and most European nations, with federal laws taking precedence over state laws in the US. The business aspects of airlines and their regulation fall under aviation law.
In the US, the Federal Aviation Administration (FAA) governs applied aspects of flight and issues a number of awards to holders of its licenses. The FAA also exercises surprise Red Team drills on national airports annually. The Airline Deregulation Act of 1978 was a significant piece of legislation that increased the regulatory workload of the FAA.
At the international level, the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations, provides general rules and mediates international concerns to an extent. The ICAO, along with the European Aviation Safety Agency, is responsible for the certification of new aircraft.
Aviation law covers a range of topics, including the operation of aircraft, the maintenance of aviation facilities, consumer protection for airline passengers, and the environmental impact of aircraft operations. Federal laws in the US pertaining to air navigation include the Air Commerce Act of 1926, the Civil Aeronautics Act of 1938, the Federal Aviation Act of 1958, the Airport and Airway Development Act of 1970, and the Airline Deregulation Act of 1978.
Aviation law also addresses issues such as accidental injury, flight cancellations, and extended tarmac delays. Passengers may be entitled to compensation in certain situations, such as personal injury cases or wrongful death claims.
The aviation industry can encounter various legal problems, including disruptive passenger behavior, which can result in civil and criminal sanctions. The No Fly List, implemented after the September 11, 2001 terrorist attacks, is another measure to prevent and combat terrorism.
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Frequently asked questions
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. It is one of the most complex branches of law due to the globalization of aviation, the numerous countries involved, commercial and business competition, and overlapping requirements.
The purpose of aviation law is to provide a framework that keeps the aviation industry safe, fair, and efficient.
Civil law applies to aviation through the regulation of the operation of aircraft and the maintenance of aviation facilities. This includes air traffic rights, aviation safety and security, economic regulations of airlines, and the operation of airports.
Some examples of aviation law in practice include the Federal Aviation Act in the United States, which established the Federal Aviation Administration, and the Aviation and Transportation Security Act of 2001, which created a Transportation Security Administration within the Department of Transportation.
The key organizations involved in aviation law include the International Civil Aviation Organization (ICAO), the Federal Aviation Administration (FAA) in the United States, and the European Aviation Safety Agency (EASA) in Europe. These organizations are responsible for regulating and enforcing aviation laws and standards.
