Introduction to Aviation Law - Case Study Example

Advise Jack concerning his potential liability for infringement of the Rules under the Air Navigation Order and the Rules of the Air. Advise Jack asto any action that might be taken by the CAA. What is the approach of the AAIB Consider any other liability that Jack may face in connection with this flight. Introduction to Aviation Law - Aviation laws are primarily framed for the safety of the aircraft and its occupants. This work deals with the different laws laid by the different governments and organizations for the safety of air traffic by detailed rules and regulations to be followed by the aircraft owners, passengers, crew and the governing bodies. A brief study of the various kinds of infringements of the rules and the supposed remedial measures or punishments for each help determine which rules Jack has infringed upon and understand the punishment he is liable for the same. Understanding of the severity of the infringements and a closer look at Jack's reasons and situations which have led to the supposed infringements by him help in a more detailed analysis and recommendations to Jack for facing the trial which would sure follow. Although the Jack has managed to avoid any serious accident or damage, it is still a case of serious infringement to a certain extent. Even the psychological conditions have to be taken into consideration as Jack had been awake all night and had been allowed to hire the aircraft without being strict in adherence to the rules before taking off. Future actions and learning that Jack can take to regulate the licence and ensure stricter adherence to rules and regulations, even at a shorter time can be recommended further. Basic types of Aviation Laws - There exists provisions of the Air Navigation Order (ANO) with Regulations like The Rules of the Air Regulations, The Air Navigation (General) Regulations, the Air Navigation (Cosmic Radiation) (Keeping of Records) Regulations, the Air Navigation (Dangerous Goods) Regulations and a number of permanent Air Navigation (Restriction of Flying) Regulations made under the Order. These Regulations are it also contains the provisions of the Civil Aviation Authority Regulations. These basic categories of regulations and their areas of concern are discussed in detail with regard to aviation and the different causes and effects can also be explored. The organizational bodies and their regulations are considered in detail which helps to identify the list of probable infringements Jack could face. The different regulations by the ANO that are framed are all concerned with each detail of aviation transportation, both civil and military aviation. The basic need for organized way of conducting the activity and ensuring safety of man and machine is kept in mind to formulate these rules. The provisions for flying and the orders or rules for the aircraft include the rule for pilots to comply with Air Navigation Order, Air Navigation General Rules and Rules of the Air. The Rules of the Air Regulations of 1991 specifies the regulations based on the context for interpretation of the same. These are categorized into general, visual flight rules, instrument flight rules, aerodrome flight rules, special and general flight rules, visual and aural signals and lights and signals to be shown by the aircraft (Statutory Instrument, 2000). Further, the authorizations and documents required, emergency drills, local regulations and accident reporting are also laid down (Bowman, 2007). According to Articles 3 to 7 of ANO, an aircraft should be registered by CAA in the United Kingdom and contain the trademark of the aircraft and country. Articles 8 to 24 and 95 of CAA like Certificate of Maintenance Review, Equipment of aircraft, and Radio equipment of aircraft require that any aircraft be checked for flight conditions before and after flying. All pilots are required to comply with all the regulations of the provisions of the ANO. Articles 26 and 28 to 37 lay the rules for validation of licences, personal flying log book, the pilot's minimum age and instructions in flying. These are the rules to assess the crew competencies, the training requirements of the crew and the process of licensing. Further, the regulations related to the weight that can be carried, the dropping of articles and animals and passenger safety are laid down in Articles 66 and 71. Article 82 provides instructions regarding fatigue related flight conditions of the crew and Articles 73, 74, 78, 57, 58 and 156 provide the rules for aircraft manoeuvres, glides and the minimum height for flying among others. The refuelling conditions or requirements and the instructions for the same are laid in Article 137 of ANO. Also, the landing requirements and safety of aircraft and passengers requirements are specified in Articles. Kinds of infringements and Rules on each - The various kinds of infringements that can occur in relation to the regulations mentioned which are relevant to Jack's flight to Leeds are discussed. Articles 3 to 7 of ANO describe the requirements for aircraft authorizations gives the CAA the authority to register and maintain the records of the aircraft. Should the aircraft be registered in another country, then CAA has the right to reject the authorization request in the country. Further, the aircraft should bear the marks of the carrier and the country on it and any other mark of any other country is an infringement of the act. Articles 8 to 24 and 95 lay the requirements Airworthiness and Equipment of Aircraft wherein the aircraft is required to operate with valid permit and comply with operation and maintenance checks before and after the flight. Infringement can attract notice of withdrawal of licence of the aircraft. Articles 26, 28 to 37 require that crew licence requirements, maintenance of privileges for aircraft ratings, ratings for flight navigators and other ratings be maintained and infringements could result in restricting the pilot from flying the aircraft and withdrawal of licence. Also, the instructions in these articles clearly lay the minimum age requirement of 16years to be eligible of procuring a pilot's licence and the log book entries required to keep record of the flight details of the licensee. Further, the weight that can be carried in the aircraft to avoid overloading and operational hazards due to the same are provided in the articles of ANO. As non-compliance with these instructions can result in serious accidents and damages, infringement can result in many complications like legal action by the concerned authorities (CAA), the police and the government along with withdrawal or even terminating the licence. Articles 66 and 71 are related to the instructions regarding the dropping of articles, parachutes, etc from the aircraft without a valid reason and certificate of airworthiness and are considered to be a breach of the regulations. Also, the method of carriage of person's instruction stresses that temporary access to parts of the aircraft during flight is allowed to ensure safety of persons, animals and goods and does not account to infringement. Article 82 gives instructions to avoid any person of the crew with signs of fatigue or probability of fatigue to fly the aircraft for safety of all concerned. Non-compliance is a serious infringement and can cause much damage if goes un-noticed. This kind of an infringement causing an accident can attract long term prohibition of operation of the aircraft and the crew. Articles 73, 74, 78, 57, 58 and 156 provide the rules for aircraft manoeuvres, glides and the minimum height for flying among others. The instructions in these articles clearly state the infringements of the aircrafts and these are unauthorised manoeuvres and glides which endanger the safety of aircraft, passengers and property. Also, the flying of the aircraft in no visibility zone like clouds where collisions can occur, the minimum height of 2000 feet above ground level near the aerodromes and other areas are to be maintained and non-compliance is an infringement and could result in removal of aircraft from movement area. Article 137 of lays the instructions for fuelling of the aircrafts to ensure purity of the fuel and non-compliance could result in damage to the equipment's engine and thus cause accidents. Landing at unauthorized areas and unintended areas is an infringement of a more general law which is subordinate to ANO. Severity of infringements - Infringement of articles 3 to 7 relating to the registration and marking of aircraft and the air operators certificates, infringement of articles 8 to 24 and 95 relating to the Airworthiness and equipment of aircraft and Rules of Air for movement of aircraft, articles' 26, 28 to 37 infringements where the members of flight crew are required to have valid licenses, aircraft ratings and a minimum age of 16 along with competencies to fly the aircraft, infringement of articles 66 and 71 requiring that there is no droping of articles and animals from the flight unless as permitted all are strict infringements of the laws. Also, infringement of article 82 where a crew member is prohibited from flying the aircraft if found to be under fatigue or is prone to fatigue while flying is a severe one. Articles 73, 74, 78, 57, 58 and 156 requiring the aircraft to maintain the minimum height if infringed upon is also considered a severe infringement as it can result in collisions of the aircrafts due to lack of visibility and communication. Article 74 infringement endangering safety of any person or property and the aerodrome traffic zone is also considered a severe infringement. And infringement of article 137 where the aviation fuel requirements are compromised can also be considered a severe infringement. Hence, all kinds of infringements are severe in nature and fall under the strict liability of criminal code. Jack's infringements - While Jack fudged wit the rating s on his log book, it accounts an infringement of articles articles 26, 28 to 37 of ANO. Jack also is found to have ignored the requirements for the aircraft checking for maintenance and fuel requirements and registering the aircraft movement as required by articles 8 to 24 and 95. Further, he is found to be in violation of articles 66 and 71 which prohibit him from droping of articles as done by Mary and also since it is the pilot's prerogative to give instructions to the passengers on safety measures like tightening the seat belt, carrying animals and reduced luggage, etc, Jack is in infringement of these articles. As Jack had partied all night, he is subject to fatigue and flying the aircraft under fatigue is an infringement of article 82. Articles 73, 74, 78, 57, 58 and 156 which give instructions for maintaining the minimum height above ground level, etc have been violated by Jack by flying low in the air traffic zone and residential area, and not registering in the controlled air traffic zone at the right frequency at the aerodrome at Luton. Also, flying in the clouds and ignoring article 58 is an infringement of safety of aircraft which could lead to collisions and the dangerous maneuvers to escape hitting an electricity pylon and subsequent gliding endangering the safety of aircraft and passengers is also a serious infringement. Article 137 which instructs the aircrafts to fill fuel at aerodromes to ensure the purity of fuel and avoid damages to the engine and other parts of the aircraft that might result in accidents has also been violated by Jack as he filled unleaded fuel from a nearby petrol station. The wing of the aircraft has also been damaged while maneuvering the aircraft and infringed the aircraft maintenance article. Potential liabilities - Jack is liable for strict Enforcement laws for infringement of articles 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 57, 58, 66, 71, 73, 74, 78, 82, 95, 137, and 156. The infringements of these articles attract strict liabilities to Jack under the respective articles and regulations and sub-regulations of ANO. Jack's infringements expose him to being charged with negligence and consequently are liable for civil, criminal and regulatory liabilities by the authorities, police and the courts. Jack has breached the articles of aviation and is liable to be tried under the criminal law of UK Aviation safety legislation, CAA and the police for gross negligence and recklessness. The CAA can also suspend Jack's licence as a regulatory liability. Negligence is liable directly for civil and criminal liability and indirectly liable to regulatory infringement. Severity of liabilities - The civil, regulatory and criminal liabilities due to negligence are considered the most severe kind of liabilities by the CAA as they endanger the safety of aircraft and passengers along with his own. Jack is liable for prosecution by CAA, the police and the government for the breach of the regulations of CAA. He may be prohibited from renewing his licence and flying the aircraft without further training after some time along with being penalized. He might also be required to pay for the damage and maintenance of the aircraft. Conclusions - Jack has been found to be negligent in adhering to the safety standards of Civil Aviation Act and is liable to be prosecuted for severe infringements of several articles ANO and the various regulations or instructions laid by it. As other regulations are similar where Jack's infringements are concerned, the potential liabilities are almost the same and can include prohibition from renewal of licence and further being penalized. References - 1. "Statutory Instrument 1991 No. 2437 -The Rules of the Air Regulations 1991", Published by Crown, Accessed on 17th March, 2009 http://www.opsi.gov.uk/si/si1991/uksi_19912437_en_2.htm . 2. Bowman S, 2007, "Flying order book" Published by British Disabled Flying Agency, accessed on 17th March, 2009 < http://www.bdfa.net/downloads/FOB.pdf>. 3. Allan R., 2005, "The legal consequences of braking the rules" Published by CAA, accessed on 17th March, 2009 http://www.raes-hfg.com/reports/18oct05-RiskTaking/18oct05-RobinAllanCAA.ppt#318,4,THE LEGAL CONSEQUENCES OF BREAKING THE RULES. Read More