Air Laws & Regulations Lecture Four PDF

Air Laws & regulations Lecture Four Prepared by Salma E l Tahan 1 Aviation Conventions 2  On damage caused by aircraft to third parties on the surface. This convention was established for the...

Air Laws & regulations Lecture Four Prepared by Salma E l Tahan 1 Aviation Conventions 2  On damage caused by aircraft to third parties on the surface. This convention was established for the purpose of applying the rules of justice in compensation for persons suffering damage caused by a civil aircraft on the surface, with the determination of the limits of liability for each damage. Update to the Rome Convention of 1952: Proposals for updating in September 2000 The idea gained more speed after September 2001 The treaty was amended to become two Rome 1952 treaties, one for damage caused to the third party by unlawful interference and the second for damage caused to the third party by public hazards in Montreal 2008. 3  It is an agreement regarding crimes, acts, and actions that occur on board aircraft, and the investigation and extradition of perpetrators, as well as the law that must be applied to them. This is what the Egyptian Civil Aviation Law did in Chapter Twelve, which it devoted to penalties and crimes. The international community has rightly noted that there is great difficulty in defining The law that must be applied to these acts and behaviors, either because of the difficulty of determining the place over which the plane was passing at the time of the accident or act, or because it was passing over the high seas, or because all countries would lose their jurisdiction, or for other reasons, and for this reason the law resulted in The efforts made in this regard resulted in the signing of the Tokyo 1963 Tokyo Convention of 1963 regarding crimes and certain other acts committed on board aircraft. The Arab Republic of Egypt acceded to it pursuant to Presidential Decree No. 3063 of 1971. Ratification documents were deposited in February 1975 and entered into force in Egypt as of May 13, 1975.. 4  The Tokyo Convention of 1963: It is an agreement on crimes, acts and behaviors that take place on board aircraft, investigating and extraditing the perpetrators, This agreement, which entered into force on 4/12/1969, included seven chapters, the first of which was devoted to the scope of application of the agreement. The second is to specialize in looking at crimes and acts committed on board. The third is for the pilot's powers. Fourth is the unlawful seizure of the plane. Fifth of the powers and obligations of states. Tokyo 1963 The sixth of some provisions related to the arrest, investigation and extradition of the perpetrators of these crimes. The seventh and last of the provisions related to ratifying the treaty, acceding to it and resolving disputes related to its interpretation. 5  Cape Town Treaty Position 2001 It is an international agreement on international guarantees to protect the rights contained in the transferred equipment and aims to standardize transactions involving the transferred property and protect the rights contained therein, and the treaty creates international standards for registering sales contracts (including custom registration agencies), lease contracts, conditional sales contracts and various means Legal protection in financing agreements, including the right to own property and the impact of the bankruptcy of certain countries on it. There are three protocols to the agreement Cape Town 2001 that are specific to three types of mobile equipment: 1- Aircraft equipment (aircraft, structures and engines signed in 2001). 2- Railway equipment (signed in 2007). 3- Space assets (signed in 2012). 6 Air Carrier Liability under the Warsaw Regime and the Montreal Convention 7 8  These Conventions establish rules of carrier liability governing: Passenger death, bodily injury or delay Baggage loss, damage or delay, and Liability Conventions Cargo loss, damage or delay In international air carriage. 9 Warsaw Convention 1929 : Requires that carriers issue passenger tickets and baggage checks for checked luggage; Liability measured in gold Francs, consisting of 65½ milligrams gold of millesimal fineness 900; Limits a carrier's liability for passenger death or bodily injury to 250,000 Francs (approximately $8,300), unless the passenger proves willful misconduct on the part of the carrier; Limits liability to 250 francs per kilogram (approximately $9.07 per lb.) for checked luggage and cargo, and 5,000 Francs for the passenger’s hand luggage. No limits on liability if the carrier failed to provide proper documentation; No liability if the carrier took all necessary measures to avoid damage, or it was impossible to do so. 10 Which Legal Regime Applies? ▪ The original Warsaw Convention of 1929,unamended; ▪ The Warsaw Convention as amended by Montreal Protocol No. 1 of 1975; ▪ The Warsaw Convention as amended by the Hague Protocol of 1955; ▪ The Warsaw Convention as amended by the Hague Protocol and Montreal Protocol No. 2 of 1975; ▪ The Warsaw Convention as amended by the Hague Protocol and Montreal Protocol No. 4 of 1975; ▪ The Montreal Convention of 1999, or Domestic law, if it is deemed that the transportation falls outside the conventional international law regime, or if the two relevant States have failed to ratify the same liability convention 11  Incorporating most of the liability provisions of the IATA Intercarrier Agreements, the Convention establishes a two-tier liability system, with strict liability for death or bodily injury up to 100,000 SDRs, and presumptive liability in an unlimited amount. The Convention incorporates many of the provisions relating to cargo; Unless special value is declared, loss and damage and delay of baggage results in maximum liability of Montreal Convention 1,000 SDRs; destruction, loss, damage, or delay of cargo results in liability capped at 17 SDRs per 1999 kilogram; cargo liability ceilings cannot be broken; There is no carrier penalty for noncompliance with the new documentation requirements; and 12 Montreal Convention 1999 Universal ratification of MC99 by states will provide significant benefits to all parties. Passengers will benefit from fairer compensation and greater protection. Under MC99 claims are subject to a much more generous compensation in the case of death or injury. MC99 abolished the arbitrary limits that existed under the Warsaw Convention system and established a two-tier strict liability regime. Claims in excess of the MC99 liability limits may succeed unless the carrier can show that it was not guilty of negligence in causing death or injury. Thus, the possibility of uncompensated losses in a major aircraft accident case is significantly reduced. MC99 also includes a number of other consumer friendly provisions such as advance compensation payments and a wider choice of jurisdictions in which to bring claims. Liability limits are reviewed by ICAO every five (5) years, ensuring MC99 remains modern and relevant. 13 Montreal Convention 1999 In the carriage of air cargo involving countries that have not ratified MC99 but continue to be subject to the Warsaw Convention 1929 (WC29) and Hague Protocol 1955 (HP55) regimes, physical paper records are required in order for the carrier to rely on the liability limits set out in the Convention. This means that paper documents of carriage such as the air waybill must accompany the shipment throughout its journey. MC99 permits the use of electronic air waybills (e-AWBs) and other documents of carriage, without impacting the carrier’s ability to rely on the liability limits set out in the Convention. Thus, MC99 is a pre- requisite for paperless air cargo initiatives such as e-freight. Eliminating paper from the air cargo supply chain will deliver cost savings and environmental benefits while also improving accuracy, shipment times and security. 14 Montreal Convention 1999 MC99 also offers unbreakable liability limits for cargo carriers. Thus, carriers enjoy predictability in respect of their potential liability making it easier to obtain insurance, avoid protracted litigation and simplify claims handling. Shippers can organize specific insurance for any high value, low weight items. Shippers and those involved in the air cargo supply chain will benefit from the ability to make claims without the need for expensive and time consuming litigation. IATA and FIATA (representing freight forwarders worldwide) are working collaboratively to promote such adoption by states worldwide. Finally, airlines will benefit from greater certainty about the rules governing their liability across their international route network. IATA is thus advocating for the urgent ratification of MC99 by all remaining states. 15 Thank you 16