Adhering to existing aviation laws demands a strong sense of discipline. Complacency against these laws and regulations is unacceptable, given that were established mainly to safeguard passengers, cabin crew, and pilots alike. From the ground to the air, and from one destination to the other, these laws must be abided by at all times.
Following the Correct Laws from Departure to Arrival
As the aircraft remains on the airport’s tarmac, allowing passengers to board, it must ensure that it complies with the laws of that airport’s country. This, all the while, considers the aircraft’s residential country and the nationality of the passengers & crew on-board the aircraft.
One law relating to this is the ‘Legal Alcohol Law’, which must be considered by all passengers and crew. A case that leads by example here is the case of a Pakistani pilot. This pilot was arrested in the UK due to being over the limit of alcohol allowed while being able to operate a flight. The aircraft itself was on UK soil, meaning that the laws in place in the UK would need to be followed.
While the aircraft takes off and is in the air, it can lead to complications regarding the country’s laws to abide by. In other words, the aircraft must follow either its departure or arrival destination laws. The Tokyo Convention, however, previously confirmed that the aircraft’s registered destination would take precedence over the laws that must be followed. This may also depend on the nature of the committed offense.
The Tokyo Convention also grants the laws for the aircraft’s destination country to take effect when it touches down on its soil. This is especially true for air safety incidents (e.g. hijacking of the aircraft, physical harm).
A History of Regulations and Conventions for Aviation Law
The first of the conventions introduced dates back to 1919 in Paris, after the events of the First World War. The primary aim of this convention was to prohibit flights over certain territories. 1920 saw the creation of the Air Navigation Act, which confirmed the foundations of regulating aviation in the UK and its colonies.
The Ibero-American and Havana Conventions followed in 1926 and 1928, where communications allowed flights to occur in various commercial regions.
The next convention occurred in Chicago in 1944, during World War Two. This was where the International Civil Aviation Convention convened to discuss public aviation supervision and international airspace governance.
The Tokyo Convention was established in 1963, which confirmed standards and procedures to combat criminal offenses committed in the air. The Montreal Convention was then created in 1999, which oversaw the amendment of laws concerning providing compensation to those involved in air disasters.
To this day, it can easily be confirmed that a suitable number of regulations are in place ensuring that we feel safe when flying. It is also assured that procedures are in place to ensure the safe carriage of passengers, as well as compensating them where necessary.
The Key Areas Covered by the Civil Aviation Authority
The Civil Aviation Authority (CAA) governs and oversees the laws that currently exist in commercial aviation. Founded in 1971 as part of the Civil Aviation Act, its main purpose is to monitor how aviation is governed and identify areas for improvement.
Safety is one of the CAA’s main priorities, including guidelines on how commercial flights must be carried out. This includes ensuring that pilots are fully licensed to fly aircraft, providing thorough maintenance of these aircraft, monitoring the working times of all cabin crew (including the rest breaks taken), and supporting any young workers.
Consumer Law is another key area for the CAA. It covers the rights of passengers on an aircraft and the compensation they are entitled to receive, such as refunds, rerouting, or care and support during disruptions.
Another key area covered by the CAA is aviation security. The agency governs compliance with security requirements and ensures that all airlines detail what is prohibited on all flights. Baggage restrictions must also be displayed clearly, ensuring passengers are aware of them.
The CAA also oversees airspace and operations. Here, flight operations are carefully organised, and noise pollution is reduced as much as possible. The CAA also considers liability, considering the legalities laid out by the Montreal Convention. This is especially true when it comes to realising when airlines are at fault for an incident and handling this as fairly as possible.
Unusual Laws Related to Aviation
While aviation laws protect all staff and passengers when flying, there are other laws that not as many people will have heard of. These laws include the following:
- Emotional support animals can fly with their passengers in the cabin.
- Bad body odour can lead to the passengers being offloaded from the aircraft.
- Animals with antlers are allowed to travel in the hold of aircraft.
- For Korean Air passengers, any disruptive passengers on these flights will risk having a run-in with a taser gun.
These laws are examples of the evolving world in the aviation industry, and no doubt, further unusual laws will be introduced. These may include the overturning of a law that bans pilots from marrying passengers on a flight.
In any case, the future of the laws introduced by the aviation industry is no doubt unpredictable. As long as these new laws protect the passengers and crew, they will certainly serve their purpose of creating a safer industry for aviation.
Do you feel safe by the current laws in place for the aviation industry? Let us know in the comments below.
