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AIRLAWS (6.

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Additional reading materials include: PD 1570: IRR and Code of Ethics; Jeppesen – Air Laws; CAAP Regulations;
Civil Aeronautics Board; International or Foreign EASA/FAA/JAA/ICAO Regulations

PD 1570 – Philippine Aeronautical Engineering Decree


WHAT IS IT ALL ABOUT IN A NUTSHELL?
Approved and signed by the late former president Ferinand Marcos in 1978, this decree provides for:
(a) Standardization and regulation of Aeronautical Engineering
(b) The Examination for registration of Aeronautical Engineers
(c) The Supervision, Control, and Regulation of the practice of Aeronautical Engineering in the Phils.

CREATION OF THE BOARD OF AERONAUTICAL ENGINEERING


Under the PD 1570, the Board of Aeronautical Engineering under PRC was created.
The Board is the body which implements the three main provisions of this decree (as enumerated above)
and is composed of the Chairman, and (supposedly) two Members.
No more than two terms (a term is equivalent to three years of service) is allowed. Each member shall
serve first for two years before serving as a Chairman in his third year.

THE REALLY IMPORTANT SECTIONS IN PD1570 FOR AN AERONAUTICAL ENGINEER


Oops sorry! Every section in this PD 1570 is important of course, you lazy retard! LOL just kidding. There
is no need to memorize which section number a law pertains to or whatsoever. It is necessary however
to be well versed in the following sections because of their great relevance for an Aeronautical Engineer
especially regarding his profession, rights, and duties as well. So here they are!
Section 4 enlists all the qualifications to be a Board Member: age, citizenship, etc. Take note, he must
not be a member of the faculty of any university or college where a BS Aeronautical Engineering course
is offered or review classes are conducted.
Section 13 emphasizes the requirement to pass the Board Examination for an aspiring Aeronautical
Engineering graduate to be registered and licensed, being able to practice his profession here legally.
Section 24 says a registered Aeronautical Engineer must renew his license every after 2 years!
Section 25 provides for the right and responsibility of an Aeronautical Engineer to use an official seal of
a design prescribed by the Board, bearing his name, his serial number, and the words “Aeronautical
Engineer” on all drawing plans, specifications, reports, etc that he prepared. He must stamp EACH sheet
with this official seal.
Section 28b “IT IS UNLAWFUL FOR: Any firm, company, or corporation to engage in desigining, planning,
construction, installation, alteration, manufacture, or marketing of any aircraft and its components,
accessories, instruments, equipment, and supply without the certification, supervision, or guidance of an
Aeronautical Engineer.”
Section 33 states that a person can be imprisoned from 6 months to 6 years if he will break any law of
PD 1570.
PD 1570 IRR – Implementing Rules and Regulations
THE IRR AND ITS ARTICLES
The IRR was adopted by the Board and the PRC in 1982 after the promulgation of the PD 1570, to further
strengthen and specify some sections in the decree as its basis and guidance towards its implementations.
Article 1 Section 1 contains the necessary descriptions and definition of terms that were used in PD 1570
for guidance and clarity.
One important definition is that of the Aeronautical Engineer and his professional services. It is stated in
this article of the IRR that the engineer has four major activity areas in his field, namely: Research and
Development, the applied scientific method of researching or experimenting with scientific possibilities
and exploration to create or improve a new aircraft, parts, or concepts; Manufacture of Aircraft, the
production and assembling of aircraft structures, parts, or desigining of an aircraft needed to tangibly
create an aircraft; Aircraft Operation and Maintenance, refers to operating of an existing aircraft for
revenues, to keep it airworthy by maintenance and repair, and all other branches of industry that is related
to the utilitization of an aircraft: and Education/Instruction/Training.
Article 1 Section 2 contains information on the seal of the Board of Aeronautical Engineering under
PRC.
Article 1 Section 3 contains information on the seal of a registered Aeronautical Engineer.
Article 2 contains information on the examination and registration for Aeronautical Engineers (the
syllabus, documentary requirements, etc)
Article 3 discusses briefly on the practices of Aeronautical Engineering and that certain companies,
organizations or firms involved in the aviation industry or otherwise not but at the same time indulged in
any activity where the practice of Aeronautical Engineering is involved, MUST have registered
Aeronautical Engineers.
Article 4 states the Code of Ethics.
Article 5 is exclusively for the Board and its annual report and conduction of meetings as a prerequisite
for the PRCommision.

THE CODE OF ETHICS


Section 1 emphasizes honesty, justice, and courtesy as those that which form the moral philosophy of
the code of ethics.
Section 2 focuses on Relations with the State. It is more of valuing the interest of the state and recognizing
its authority through its laws as guaranteed by the Constitution. Whenever the State needs him, he must
always be ready and uncoditionally give his service.
Section 3 focuses on Relations with the Public. This is concerned with how he extends his skills and
capabilities for the welfare of the public, their safety regarding aeronautical situations, and his own efforts to
increase the public’s awareness and interest towards his continued strong integrity.
Section 4 focuses on Relations with the Clients and Employers. As a rule of thumb, being a professional
Aeronautical Engineer requires strict honesty, faithfulness and fairness when it comes to dealing or
transacting all matters with his client or employers.
Section 5 focuses on Relations with the Engineers. Basically, it is like being respectful and humble with other
Aeronautical Engineers as well as not indulging with self-pride by competing with them or injuring their
professional upholdings.
Section 6 focuses on Relations with the Profession. It more about being down-to-earth, humble, while at the
same time honest, and cooperative to the developments that are beneficial to his profession. #Passion

REPUBLIC ACT (R.A.) 9497 – CIVIL AVIATION AUTHORITY ACT the creation of CAAP

WHAT WAS THE RA 9497 ABOUT?


Approved and signed by the former president Arroyo in 2008, this republic act provides for:
(a) The creation of the Civil Aviation Authority of the Philippines under DOTC
(b) Administer and operate the Civil Aviation Training Center
(c) Establish and prescribe regulations for: all aircraft owned and operated in the Philippines;
qualification and standards for airmen or individuals concerned with the operation, maintenance,
and repair of aircraft and/or its parts in the Philippines; airports, aerodromes, and facilities utilized in
the Philippines in compliance to ICAO

THE DIRECTOR GENERAL


Appointed by the President of the Philippines, the Director General was given the privileges to exercise
his powers to execute, control, and administer the points of interest enumerated above as being the
primary head of CAAP alongside the DOTC Secretary. With an age requirement of 35 years old, his term
also does not last for more than 4 years while however he can have successively two terms of service.

FLIGHT STANDARDS INSPECTORATE SERVICE


The primary permanent office established as the FSIS shall assist the Director General in carrying out his
duties and responsibilities to the civil aviation concerns of the country. It shall perform Airworthiness
Inspection, Flight Operations Inspection and Evaluation, and Personnel Licensing. It is further assisted
by the offices of “Aircraft Registration“,“Aircraft Engineering and Standards“,“Airmen Examination
Board“, and the “Office of the Flight Surgeon“.

OTHER POINTS OF INTEREST REGARDING THIS REPUBLIC ACT


Issuance of an Air Operator Certificate shall be done by the Director General to any citizen of the
Philippines to operate an Air Carrier or Airline, provided that he must first possess a valid Certificate of
Public Convenience and Necessity (CPCN).
Air Transportation Office (ATO) was abolished in this Act.
The Philippine Civil Aviation Regulations (PCAR) have been implemented as this act’s IRR.
PHILIPPINE CIVIL AVIATION REGULATIONS (PCAR)
PCAR AS THE IRR OF THE RA 9497 OR THE CAAP
Divided into different parts, these regulations govern the standards and requirements for all activities,
aircraft, airmen, facilities, and aerodrome involved in the operation of civil aviation in the Philippines.

PART 1: GENERAL POLICIES, PROCEDURES, AND DEFINITIONS


Basically this Part is all about the introduction of general rules towards what to expect in the whole of
PCAR, with some added standards, requirements, and penalties for aviation individuals or entities.

PART 2: PERSONNEL LICENSING


This is a long Part which may require a good reading; it focuses on the rigid requirements for securing
the legal certifications airmen need to practice professionally their chosen aviation service such as: Pilot,
Aircraft Maintenance Technician, Flight Engineer, Air Navigator, etc. Certain penalties and
punishments to be imposed on violators of this Part is also stated here.

PART 3: APPROVED TRAINING ORGANIZATIONS


This part contains the necessary requirements and standards for facilities, equipments, and training
programs for securing a certificate of Approved Training Organization by any company, firm, or
organization that plans to engage in aviation training of interested individuals.

PART 4: AIRCRAFT REGISTRATION AND MARKING


This part focuses on the standard specifications required regarding aircrafts’ marking and their
registration with the CAAP for engaging in operation here in the Philippines. Alphanumeric Marks such
as RP which stands for Republic of the Philippines for aircraft registered in the Philippines are just one of
the stuff contained in this part.

PART 5: AIRWORTHINESS
Airworthiness, a condition of an aircraft which qualifies it as safely operated and flown is what aviation
safety and reliability depends on. This part tackles the rules and regulations for Aircraft and Aircraft
Components as well, regarding their Airworthiness Certification from CAAP, for their continuous
operation and utilization upon being produced or manufactured and maintained. More on performance
rules, procedures and authorization of qualified personnel for the approval of an Airworthiness
condition is this part’s resolution. Some examples are about how compliance an aircraft is with respect to
its noise, reliability, limitations, and/or who are authorized to perform specific maintenance and repair
prior to approving for a Return To Service certificate or documentation.

PART 6: APPROVED MAINTENANCE ORGANIZATION


This part provides regulations for the registration and monitoring of AMOs in the Philippines. Proper
maintenance of aircraft is fundamental indeed to everybody’s safety, and requires record-keeping. This
is more of actually standardizing how an AMO would operate and be certified for operation with regards
to its Ratings, Facilities, Operating Rules, and Recording of Maintenance Activities.
PART 7: INSTRUMENTS AND EQUIPMENT
This part presents standards and recommended practices for instruments and equipment on aircraft
that are to operate in the Philippines. Enlisted here are regulations that are needed to be complied with
for the continuous use, installation, and maintenance of aircraft instruments and equipments. IT is
IMPORTANT to notice though that the regulations in this part may apply to AAC (All Aircraft) or be
superseded by other regulations indicated to be used for AOC Holders (Aircraft Operator Certificate)
which may not be applicable to all aircraft indeed.

PART 8: OPERATIONS
This is by far the loooongest Part which discusses every single operation and the
standards/requirements/procedures that must be complied for, imperatively. Aircraft Requirements,
Maintenance Standards and Mandatory Inspections, Flight Crew Qualifications and Standards, Crew
Member Duties, Flight Planning, Operation and Performance Limitations of Aircraft, VFR/IFR,
Passenger Handling, etc. Yup, very wrecked in this part. Basically this is where the fundamentals of PCAR
is laid upon.

PART 9: AIR OPERATOR CERTIFICATION AND ADMINISTRATION


To be able to operate an aircraft here in the Philippines or own an airline and run it here, one must be
with full compliance with this part. The necessary organizational structure, standards, quality of
operation, management procedures are all in here, which are all ingredients for a safe and reliable
aircraft operation.

PART 10: COMMERCIAL AIR TRANSPORT BY FOREIGN AIR CARRIERS WITHIN THE R.P.
This focuses on the requirements and regulations that apply to foreign owned aircraft or foreign air
carriers with respect to their operation in the Philippines, how they must transparently allow inspection,
comply with the Authority’s other regulations that apply to them too, and the strict necessity for the
carriage of documents, manuals, and licenses on board the aircraft (if crews are foreigners also).

PART 11: AERIAL WORK AND OPERATING LIMITATIONS FOR NON-TYPE CERTIFICATED A/C
Finally! Lol well this part deals with the other aircraft operations that are not mainly for the purposes
passenger carriage or transportation for remuneration, but rather operations that are considered to
be non-military yet still civil in use. Aircraft such as those used in Agriculture, Commercial Business
Delivery, Entertainment, Cinema, Videography, Photography, Surveillance, News Media/Traffic
Reporting, Sport, Acrobatic, Gliding, etc. are to be compliant with this Part. Mostly found here are their
operating limitations, structural design requirements, rules, and certification.

PART 12: UNMANNED AERIAL VEHICLES


A new regulation that tackles the need for imposing standards and requirements for the operation of
UAVs that are currently gaining popularity especially among hobbyists and enthusiasts. This Part shall
strictly regulate these UAVS on who, how, when, and where appropriately this kind of operation must be
done in order to keep a high level of safety on concerned individuals and the environment.
REPUBLIC ACT (R.A.) 776 – THE CIVIL AERONAUTICS ACT OF THE PHILIPPINES
THE CIVIL AERONAUTICS BOARD
The Civil Aeronautics Board, created by the RA 776 in 1952, is a government agency of the Philippines
tasked to regulate, promote, and develop the economic aspect of civil aviation in the Philippines. It has
supervisory and jurisdictional control over air carriers, general sales agents, cargo sales agents, and airfreight
forwarders, as well as their property, property rights, equipment, facilities, and franchises.
It is attached to the DOTC, with the Department Secretary as the main head of the Board along with other
departments for a stronger enforcement of its responsibilities. The Administrator and the Deputy
Administrator are next in hierarchy with the Secretary of DOTC, who spearhead the implementation and role
of CAB in the civil aviation industry.

TO WHOM DOES THIS ACT ACTUALLY APPLY?


Well basically, this applies to individuals and entities concerned with the economic aspect of operation of
aircraft here in the Philippines, mainly civil air carriers that are based here in the country. However, of
course, this does not apply to foreign air carrier owners and the military, duh! =b

CERTIFICATE OF PUBLIC NECESSITY AND CONVENIENCE


You read that right. You’ve seen it once in the previous pages on RA 9794, the document or certificate
which allows an interested Filipino citizen to apply to the CAAP Dir. General for an Air Operator’s
Certificate. The CPNC is issued by the Civil Aeronautics Board, in ensuring that the plan and interest of
an individual to operate aircraft is of public interest, beneficial to people, and will add to convenience.
Along with the application for this kinda permit comes the required documents informing the CAB of
intended operations, frequency of flight, locations of t/o and landings, fees, and schedules, etc. This
certificate however may not be transferred unless approved by the Board.

WRAPPING IT UP EASILY
The CAB is in line with the CAAP’s interest and responsibilites, such that it is more focused on
implementing just and fair economic conditions for the public as it is also linked with the Department of
Trade and Industry. They are responsible for permitting Airline owners (as an example) to operate at
certain fees imposed on passengers, with their revenues always as preferably beneficial to the country’s
economy. At the same time, since this is an old government agency, in its roots lie some requirements
such as registration of aircraft and certain type certifications, etc. In the end, it is always in control of issues
that will affect the economic aspect of civil aviation in the Philippines with a bigger target of putting first
the welfare of passengers and the availing public.
INTERNATIONAL CIVIL AVIATION ORGANIZATION - ICAO

THE ORGANIZATION, ICAO


In the early years of civil aviation, it was kinda realized the need for an organization that would regulate the ins
and outs of all people involved in the industry, whether operators or passengers. The ICAO was established in
1944 at a Convention held in Chicago which still exists up until now, laying down the core fundamentals of
aviation laws and agreements that participating countries (known as States) take on. This is under the United
Nations (UN) and its mission is to foster and develop safety + growth in the international civil air transportation.

HERE’S A LITTLE HISTORY ON INTERNATIONAL CONVENTIONS


(BEFORE LEARNING MORE ABOUT THE ICAO AND ITS SIGNED AGREEMENTS)

Paris Peace Conference - Paris, 1919


This was probably convention held by international states that engaged with international scheduled air service,
to create and sign agreements regarding airspace sovereignty and right of innocent passage of a civil aircraft
over other contracting states. The International Commission for Air Navigation (ICAN) was then formed.
Warsaw Convention - Warsaw, 1929
This basically just improved the existing bylaws and made unifications to legislation on documentation of air
carriage, financial liability of airlines, and such as what we call today as the "ticketing” requirements/procedures.
Chicago Convention, formation of the ICAO 1944
Hague Protocol - Hague, 1955
This event/meeting just focused on the simplification of the agreements Warsaw Convention.
Convention of Tokyo - Tokyo, 1963
Before this date, there were increasing concerns on unlawful seizure of aircraft, hijacking, air piracy, etc. The
Japanese Gov’t convened a meeting to tackle these issues. The agreements signed in this convention focused
on offences and other acts committed on board aircraft that will lead to danger. Also, this gave the Pilot In
Command the highest jurisdiction on an aircraft during flight.
Montreal Agreement - Montreal, 1966
This improved a much stricter enforcement and regulation on the financial liabilities of operators.
More meetings and conventions were held almost in all the same places after the 60s which added more
definitions and regulations regarding flight security, like prohibiting of certain dangerous goods and materials
on board an aircraft, imposing corresponding penalties as such.

TWO (2) PARTS OF THE AGREEMENT IN ICAO


(a) International Air Navigation rules (which set Articles/Annexes that are individually definitive)
(b) The Organization’s Structure (Members, Terms and Conditions, etc.)
THE FIVE (5) FREEDOMS OF THE AIR
Technical Freedoms
(First) Freedom of Innocent Passage for flying over another’s territorial airspace without landing
(Second) Freedom of Facilities for the usage of aerodromes, landing and t/o on runways, refuelling, etc.
Commercial Freedoms
(Third) Right for Air Carriage from operator state (1) to treaty partner state (2)
(Fourth) Right for Air Carriage from treaty partner state (2) to operator state (1)
(Fifth) Right for Air Carriage from operator state (1) to a second state (2), and from that state carry new
Passengers after disembarking the original ones, to a third state (3) and so
on, such that it returns to the main origin point, operator state (1).
Supplementary Freedoms
(Sixth) Right for Air Carriage from treaty partner state (2) to another treaty partner state (3) where in
between the two points en-route, there must be a “stop-over” (refuelling?
Relief? Formality! etc) at an operator’s state (1)
(Seventh) Right for Air Carriage from a country (A) to another country (B) by an operator (C) wherein
the flight must not originate, terminate, or land in the country of the
operator (C)
(Eighth) Cabotage. Cabotage is simply a domestic flight taking off from a point in a state territory (A)
which lands in a different point *though/but* still within that state territory (A) and
operated by an operator (B) outside of that state territory (A). The flight must originate
from the state of the operator (B).
(Ninth) Standalone-Cabotage. Same with the 8th Freedom, although the difference is that the flight needs
not to originate from the state of the operator. Imagine if Emirates Airlines
offers passengers a trip from Manila to Kalibo v/v.

THE COUNCIL
The Council is the permanent body responsible to the Assembly everytime there are meetings,
assemblies, conventions called for, etc. It is composed of 33 members from different representing states
that are of chief importance in air transport, leading in civil aviation, headstarters of international air
transport quality. They are more concerned on the economic aspect of international civil aviation, and
how to set forth, develop, and implement better the annexes of the Chicago Convention on all involved
States.

THE COMMISSION (AIR NAVIGATION COMMISSION)


The Commission is composed of 15 members appointed by the Council from people nominated by the
participating States in the ICAO, of which are suitable qualifications and expertise in the science and
practice of aeronautics. This body is more concerned with the advancement of Air Navigation
internationally, how to improve it, develop it for the betterment of all the States, and thus shall advise the
Council regarding their collected data and information which may be considered for modifying and
adding new standards in the existing Annexes.

FAMILIARIZE ON THE ANNEXES, WHAT THEY ARE PRIMARILY CONCERNED WITH,


AND SOMEHOW THE IMPORTANT AVIATION TERMS THAT ARE UNIQUE INDIVIDUALLY.
FAA, EASA, and the JAA