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AIR LAW I. LECTURE ONE: ORIGINS AND RULES. 1. The History of Air Law. 2. Doc 7300 – the basis of all air law. 3. The UK Rules of the Air Regulations. 4. Visual and Instrument Meteorological Conditions. 5. Visual Flight Rules & Instrument Flight Rules. 6. Airspace Classification.

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AIR LAW I


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    1. AIR LAW I

    2. LECTURE ONE: ORIGINS AND RULES 1. The History of Air Law 2. Doc 7300 – the basis of all air law 3. The UK Rules of the Air Regulations 4. Visual and Instrument Meteorological Conditions 5. Visual Flight Rules & Instrument Flight Rules 6. Airspace Classification 7. Airways, CTAs, CTRs, ATZs, MATZs 8. Other Airspace Hazards

    3. WHERE DOES AVIATION LAW COME FROM? INTERNATIONAL CIVIL AVIATION ORGANISATION (ICAO) JOINT AVIATION AUTHORITIES (JAA) EUROPEAN AVIATION SAFETY ADMINISTRATION (EASA) UNITED KINGDOM PARLIAMENT CIVIL AVIATION AUTHORITY (CAA) AIR NAVIGATION ORDER AIR NAVIGATION REGULATIONS UK AERONAUTICAL INFORMATION PACKAGE RULES OF THE AIR

    4. INTERNATIONAL CIVIL AVIATION ORGANISATION (ICAO) Paris Convention 1919 Mainly European nations to establish post-war principles for aviation law and procedures Chicago Convention 1944 International authorities place moral obligation to provide safe and efficient ground and flight organisations within territories Montreal 1947 International Civil Aviation Organisation (ICAO) established to promote aviation standards and a standard set of practices

    5. INTERNATIONAL CIVIL AVIATION ORGANISATION (ICAO) Although standardised procedures there are some big differences! For example - Eastern Europe – height based on metres, western countries height based on feet Broad principles are laid down in DOC 7300 It is up to each country whether they implement each article Of 96 articles there are a few that are important to the private pilot…

    6. DOC 7300 Art 1 - Sovereignty Each contracting state has exclusive sovereignty over the airspace above its territory Art 2 - Territory Territory is both land and territorial waters over which the nation has sovereignty Art 5 – Right of non-scheduled flight Each state will allow aircraft from all other contracting states to land without permission (non-scheduled) or to overfly their territory. They may require over-flights to follow specific routeings Art 10 – Customs airports A state may require a aircraft entering to land, or departing airspace to take-off, at a customs airport

    7. DOC 7300 - continued Art 11 – Applicability of regulations An aircraft must obey the regulations of the state it is flying in Art 12 – Rules of the Air Each state will ensure that all aircraft follow their rules of the air. Over high seas the convention law applies. Art 13 – Entry and Clearance Regulations All regulations regarding entry, clearance, immigration, passports, customs and quarantine must be adhered to by pilots, passengers, crew and cargo Art 16 – Search of Aircraft Every state has the right to search an aircraft landing from another state or prior to its departure and to check documents

    8. DOC 7300 - continued Art 22 – Facilitation of Formalities Each state will ensure that formalities do not delay an aircraft unduly Art 23 – Customs and Immigration Procedures Each state shall establish customs and immigration procedures which are in accordance with international principles Art 24 – Customs Duty Fuel, Oil, Spare Parts and regular equipment on board an aircraft (and not being unloaded) shall be exempt from duty. Art 29 – Documents to be Carried on Aircraft All aircraft on international flights shall carry: Certificate of Registration Certificate of Airworthiness Crew Licences Journey Logbook Radio Licences Passenger list Cargo Manifest

    9. DOC 7300 – nearly there! Art 30 – Aircraft Radio Equipment Radio equipment must be licensed by the state of registration and should only be used by crew members licensed to do so Art 31 – Certificate of Airworthiness Aircraft shall have a valid C of A from their State of Registration Art 32 – Licences of Personnel Pilots shall have licences from the state of aircraft registration. Each state has the right to recognise flight crew licences from other states. Art 33 – Recognition of certificates and licences If standards are ICAO then states should recognise C of As and Flight crew licences from other contracting states Art 34 – Journey Logbooks All aircraft flying internationally shall carry details of aircraft, crew and each journey

    10. DOC 7300 – destination in sight… Art 35 – Cargo Restrictions Weapons or munitions of war must not be carried. On grounds of safety or public order other items may be prohibited by a state Art 36 – Photographic Equipment States may chose to prohibit or restrict airborne photography over its territory Art 37 – Adoption of International Standards and Procedures Each state will do its best to implement a uniform set of regulations, standards and procedures Art 39 – Endorsement of Certificates and Licences Any failure to meet international standards shall be endorsed on aircraft documents and/or flight crew licences Art 40 – Validity of Endorsed Certificates and Licences If a licence permits it, a licence may be used internationally

    11. DOC 7300 – Annex 7 Aircraft Registration All aircraft shall display nationality markings The format, font and size of the lettering is laid down and shall appear on the underside of the left wing as well as on the fuselage on both sides Identification plates with the aircraft identity on are required and made from fireproof material and should be near the main entrance

    12. DOC 7300 – Annex 8 The Certificate of Airworthiness confirms that an aircraft is considered airworthy in terms of design, construction, materials, equipment and flying performance The C of A is valid for 3 years Under EASA C of As are non-expiring and are maintained in force by an Airworthiness Review Certificate (ARC) Operating limitations will be noted in the flight manual or placarded on the aircraft. These may be loading, structural, or powerplant.

    13. PRACTICE QUESTION! “If you want to fly your aircraft internationally, your licence must be issued (or rendered valid by) who?” The State of Registry

    14. PRACTICE QUESTION! “If you land in another country, do they have the right to search your aircraft?” Yes, but without causing undue delay

    15. PRACTICE QUESTION! “If an aircraft lands in the territory of a contracting state, are the oil and spare parts on board subject to duty?” No

    16. PRACTICE QUESTION! “Where would you find the limitations of an aircraft as approved?” In the flight manual and on placards in the cockpit

    17. UNITED KINGDOM INTEGRATED AERONAUTICAL PACKAGE AIC NOTAM AIP Part 1 General (GEN) Part 3 Aerodromes (AD) Part 2 En-Route (ENR) ENR 0 AD 0 GEN 0 ENR 1 General Rules and Procedures AD 1 Aerodromes / Heliports Introduction GEN 1 National Regulations & Requirements ENR 2 ATS Airspace AD 2 Aerodromes GEN 2 Tables and Codes ENR 3 ATS Routes AD 3 Heliports GEN 3 Services ENR 4 Navigation Aids GEN 4 Charges for Aerodromes / Heliports and Air Navigation Services ENR 5 Nav Warnings ENR 6 En-route charts

    18. RULES OF THE AIR REGULATIONS Annex 2 of the ICAO Convention on Civil Aviation Applies to all aircraft within UK Applies to all UK registered aircraft UK Rules of the Air Regulations 2007

    19. UNITED KINGDOM INTEGRATED AERONAUTICAL PACKAGE The AIP then has Aeronautical Information Circulars – (AIC) Operational & Air Traffic Services Admin Air Safety Restrictions Maps / Charts

    20. LOW FLYING 1 (Rules of the Air Regulations 2007, regulation 5) FAILURE OF A POWER UNIT An aircraft shall fly high enough to be able to land without causing damage to persons or property in the event of a power unit failure 500 FOOT RULE An aircraft shall not fly closer than 500 feet to any person, vessel, vehicle or structure 1000 FOOT RULE An aircraft shall not fly within 1000 feet of the highest fixed obstacle within 600m of the aircraft in a congested area

    21. LOW FLYING 2 (Rules of the Air Regulations 2007, regulation 5) LAND CLEAR RULE An aircraft shall fly at a height to enable it to land clear of a congested area in the event of a power unit failure FLYING OVER OPEN-AIR ASSEMBLIES An aircraft shall not fly within 1000 feet of an open-air assembly of 1000 people or more and be able to glide clear TAKING-OFF OR LANDING NEAR OPEN-AIR ASSEMBLIES An aircraft shall not take off or land within 1000 metres of an open-air assembly of 1000 people or more unless at an aerodrome

    22. LOW FLYING - EXCEPTIONS (Rules of the Air Regulations 2007, regulation 6) The low flying rules would appear to make it illegal to land! There are exceptions: 500 FT RULE – Does not apply when landing or taking off in accordance with normal aviation practice Does not apply to police aircraft Does not apply to Gliders hill soaring Does not apply to an aircraft legally dropping articles Does not apply to helicopters operating with normal practice 1000 FT RULE – Does not apply to Special VFR flights Does not apply to police aircraft Does not apply Balloons / Helicopters Also authorised display aircraft are exempt from the 500 ft rule if they are within 1000m of the spectators

    23. COLLISION AVOIDANCE (Rules of the Air Regulations 2007, regulation 8) No aircraft shall fly in such proximity to another aircraft as to create a danger of collision No formation flying unless both agree! The aircraft with right of way should maintain height and speed Aircraft give way to less manoeuvrable aircraft Glider-Tug combinations are seen as 1 aircraft Police aircraft are exempt

    24. RIGHT OF WAY - AIRBORNE (Rules of the Air Regulations 2007, regulations 9-11) CONVERGING The aircraft with the other on its right shall give way APPROACHING HEAD ON Both aircraft shall turn to the right OVERTAKING The aircraft being overtaken has right of way. The overtaking aircraft shall pass clear to the right

    25. RIGHT OF WAY – ON THE GROUND (Rules of the Air Regulations 2007, regulation 42) CONVERGING The aircraft with the other on its right shall give way APPROACHING HEAD ON Both aircraft shall turn to the right OVERTAKING The aircraft being overtaken has right of way. The overtaking aircraft shall pass clear to the left

    26. LANDING AND TAKING OFF (Rules of the Air Regulations 2007, regulation 14) Take-off and Landing shall be as indicated (or into wind if no direction indicated) An aircraft shall not land on a runway which is occupied by another aircraft unless specifically cleared Unless cleared, an aircraft shall move clear of the runway as soon as possible Where landing or taking off is not confined to a runway, aircraft shall keep to the left of other aircraft on the ground

    27. AEROBATICS (Rules of the Air Regulations 2007, regulation 15) An aircraft shall not carry out any aerobatic manoeuvre over a congested area of a town, city or settlement An aircraft requires permission of ATC to conduct aerobatics within controlled airspace

    28. RIGHT HAND TRAFFIC RULE (Rules of the Air Regulations 2007, regulation 16) When following a line feature (coast, road, railway line etc) an aircraft shall fly so that the feature is on its left i.e. Fly to the right! Does not apply in controlled airspace if given an instruction

    29. SPEED LIMITS (Rules of the Air Regulations 2007, regulation 21) Below FL 100 Unless: Class A airspace Class B airspace Class C airspace Class D airspace IFR Flying exhibitions / displays With CAA permission

    30. AIRCRAFT SIGNALS WHITE LANDING LIGHT on nose or on wing (Rules of the Air Regulations 2007, regulations 45-55) RED NAVIGATION LIGHT port side GREEN NAVIGATION LIGHT starboard side FLASHING BEACON If fitted must be working any time engine(s) running WHITE NAVIGATION LIGHT on tail

    31. AIRCRAFT SIGNALS Dead ahead to 110° Rear Anti-Collision Light must be on and working when engine(s) are running if fitted to the aircraft Dead ahead to 110° If any light fails that is required the aircraft must not get airborne. If already airborne, aircraft must land as soon as is practical 360° 70° either side

    32. OTHER AIRCRAFT LIGHTS FOR NIGHT HOT AIR BALLOONS 5m and 10m steady red lights visible in all directions AIRSHIPS Lights as per aeroplanes GLIDERS Steady red light visible in all directions

    33. AIRCRAFT SIGNALS Knowing the lights on aircraft is important for collision avoidance at night “Green to green all is serene” “Green to red you could be dead”

    34. AIRCRAFT INTERCEPTION ICAO Convention article 9 CAA Safety Sense Leaflet 11 contains all the ICAO interception procedures Schedule 11 of the ANO requires all UK aircraft to carry a copy of these interception procedures on all international flights Interception procedures are a “last resort” for security purposes. However, being shot down is the next step. So not exactly a “last resort”! Ensure you are familiar with this leaflet if you are making an international flight

    35. PRACTICE QUESTION! “On a Special VFR Flight (SVFR) which of the low flying rules does not apply?” The 1000 ft rule

    36. VISUAL METEOROLOGICAL CONDITIONS Inside Controlled Airspace (Class C, D & E) Visibility minimum: 5km below FL100 8km above FL100 1,000 ft vertically clear of cloud 1500m horizontally clear of cloud

    37. VISUAL METEOROLOGICAL CONDITIONS Outside Controlled Airspace (Class F & G) Above 3,000 ft amsl Visibility minimum: 5km below FL100 8km above FL100 1,000 ft vertically clear of cloud 1500m horizontally clear of cloud

    38. VISUAL METEOROLOGICAL CONDITIONS Outside Controlled Airspace (Class F & G) Below 3,000 feet amsl Clear of Cloud Visibility 5km (3km for IMC rated) (1500m if below 140 kts IAS) In sight of the surface

    39. VISUAL METEOROLOGICAL CONDITIONS Visual Meteorological Conditions (VMC) are weather conditions which allow flight under the Visual Flight Rules (VFR) Bear in mind that these minima may be less restrictive than your licence privileges In this case – the more restrictive condition applies

    40. JAA PPL WEATHER MINIMA UK Air Navigation Order Schedule 9 A PPL(A) holder must, therefore, always be in sight of the surface You must have at least 3km visibility The VMC minima of 1500m DOES NOT apply to you! “Special VFR” allows flight in Class A airspace that would normally be unavailable to a VFR pilot. A PPL(A) holder needs 10km visibility to fly a special VFR (SVFR) routeing

    41. INSTRUMENT METEOROLOGICAL CONDITIONS Instrument Meteorological Conditions (IMC) are weather conditions which require flight under the Instrument Flight Rules An easy one! – if it’s not VMC then it must be IMC!

    42. VISUAL FLIGHT RULES INSIDE CONTROLLED AIRSPACE (Rules of the Air Regulations 2007, regulation 27) CLASS A No VFR flight is permitted inside Class A airspace Special VFR may be available on certain routes within certain Class A CTRs

    43. VISUAL FLIGHT RULES INSIDE CONTROLLED AIRSPACE CLASS C CLASS D CLASS E Separation Traffic Info. VMC Minima Speed Limit Radio required? Clearance required?

    44. VISUAL FLIGHT RULES OUTSIDE CONTROLLED AIRSPACE (Rules of the Air Regulations 2007, regulation 28) CLASS F CLASS G Separation from other traffic not provided unless under a deconfliction service If below 140kts - Clear of cloud, in sight of the surface with 5km visibility required if below 3000ft agl Speed limit applies Radio not required ATC Clearance not Required

    45. VISUAL FLIGHT RULES OUTSIDE CONTROLLED AIRSPACE CLASS F & G AIRSPACE EXCEPTIONS VFR flight is still possible with in-flight visibility down to 1500m However! Without a valid IMC rating or Instrument Rating, a pilot cannot fly in this because their licence does not allow flight in visibility this poor. “VFR on top” is used often to imply flight above a cloud layer whilst still following the visual flight rules. This is ILLEGAL in the UK and ILLEGAL by anyone with a UK licence You must always adhere to the most restrictive regulation

    46. INSTRUMENT FLIGHT RULES (Rules of the Air Regulations 2007, regulations 32-37) FLIGHT PLAN Before taking off from controlled airspace or flying into controlled airspace a flight plan must be filed POSITION REPORTS must be made where required, and all ATC clearances and notified procedures shall be complied with MINIMUM HEIGHT RULE Must be at least 1000ft above the highest fixed obstacle within 5nm of the aircraft

    47. INSTRUMENT FLIGHT RULES SEMI-CIRCULAR HEIGHT RULE Above 19,500 feet QUADRANTAL HEIGHT RULE Below 19,500 feet EVEN FL + 500ft ODD FL 21,000 ft 23,000 ft 25,000 ft 27,000 ft etc. 22,000 ft 24,000 ft 26,000 ft 28,000 ft etc EVEN FL ODD FL +500ft (Above 41,000 intervals are 4000 feet)

    48. CHOICE OF VFR OR IFR (Rules of the Air Regulations 2007, regulation 20) IN CLOUD? (IMC) You must fly IFR VISUAL CONDITIONS? (VMC) You can chose VFR or IFR AT NIGHT? You must fly IFR

    49. CLASSIFICATION OF AIRSPACE CLASS A Airways Terminal Manoeuvring Areas (TMA). Controlled Zones (CTR) Controlled Areas (CTA) Controlled Airspace Uncontrolled Airspace CLASS B Upper Airspace FL245 (24,500 ft) and above CLASS F Advisory Routes Requires Flight Plan All aircraft receive ATC Advisories CLASS C FL195 (19,500 ft) and above VFR Lanes available CLASS D Some CTR / CTAs Scottish TMA 6000 ft + Some ATZs CLASS G “Open FIR” Everything Else CLASS E Scottish TMA below 6000 ft Belfast TMA

    50. CLASSIFICATION OF AIRSPACE CLASS A – IFR only and all flights controlled and separated by ATC at all times CLASS C – IFR & VFR. Flights controlled. Separation provided for IFR traffic only. VFR gets information. CLASS D – IFR & VFR. Flights controlled. Separation provided for IFR/IFR only. Information for and about VFR flights CLASS D – IFR & VFR. Flights controlled. Separation provided for IFR/IFR only. Other information available if practicable CLASS F – IFR & VFR. Participating IFR get advisory service. All others get information as requested CLASS G – IFR & VFR. Traffic Information available if requested Note – there is no Class B airspace in the UK