Air Law

LAW

The system of rules that a particular country or community recognizes as

regulating the actions of its members and may enforce by the imposition of
penalties.
AIR LAW

Air Law is a series of rules governing the use of airspace and its benefits for
aviation, the general public and the nations of the world. Definition of which
is plenty but it cannot be applied indiscriminately or without exceptions.
For commercial airlines to operate ,it is necessary for states to afford the
airlines of other states the right to fly right across their territory for both
traffic and non traffic purposes.
International air transport is not just about navigation . The competitive
nature of business could create the obvious temptation to cut corners and
increase profit, so a strict regulation is required to maintain safety. Over the
years the philosophy of “a safe airline, is a profitable airline” has evolved.
The Civil Aviation Regulations (CAR) provide the regulatory requirements
dealing with aviation safety related to aircraft operations, airworthiness and
personnel licensing; and are presented in Parts

Implementing Standards are used in these Regulations to allow the

flexibility to incorporate new practices or procedures as they become
available without the procedures required for promulgation of legally
binding regulations.
PHILIPPINES CIVIL AVIATION REGULATION
PCAR
 REPUBLIC ACT NO. 9497

THE CIVIL AVIATION AUTHORITY OF

THE PHILIPPINES (CAAP) WAS CREATED
BY VIRTUE OF REPUBLIC ACT 9497
WHICH TOOK EFFECT ON 23 MARCH
2008
On the 3rd December 2007 saw senator Edgardo Angara file a bill now
known as the Civil Aviation Authority Act of 2007, once again renaming the
Air Transportation Office as the CAAP. The mandates of the CAAP became
more specific, including an appropriation of funds and making the CAAP an
independent regulatory office with quasi-judicial and legislative powers. The bill
was signed in March 2008 by President Gloria Macapagal Arroyo 15th
President of the Philippines
CHAPTER 1

GENERAL PROVISION
SEC. 1. This Act shall be known as the Civil Aviation Authority Act of 2008

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State

to provide safe and efficient air transport and regulatory services in the
Philippines by providing for the creation of a civil aviation authority with
jurisdiction over the restructuring of the civil aviation system, the
promotion, development and regulation of the technical, operational, safety,
and aviation security functions under the civil aviation authority.

SEC. 3. Definition of Terms. - For purposes of this Act, the terms:

(a) "Aerial work" refers to an aircraft operation in which an aircraft is used for specialized
services such as agriculture, construction, photography, surveying, observation and patrol,
search and rescue, aerial advertisement, etc.



(b) "Aerodrome" refers to an airport, a defined area on
land or water (including any building, installation and equipment)
intended to be used either wholly or in part for the arrival,
departure and surface movement of aircraft
Jumbolair airport

Airport, meaning there is no commercial, cargo or military flights

here. In fact it's mainly used by the residents of the Jumbolair
Aviation Estates.
(i) "Aircraft accident" refers to an occurrence associated
with the operation of an aircraft which takes place between
the time any person boards the aircraft with the intention
of flight until such time as all such persons have
disembarked, in which:


(1) Any person suffers death or serious injury as a result of being

in or upon the aircraft or by direct contact with the aircraft of
anything attached thereto; or

(2) The aircraft receives substantial damage

(t) "Air Operator Certificate
(AOC)" refers to a certificate authorizing an operator to carry
out specified commercial air transport operations.

(s) "Air operator" refers to any organization which

undertakes to engage in domestic commercial air transport or
international commercial air transport, whether directly or
indirectly, or by a lease or any other arrangement.

(u) "Air route" refers to the navigable airspace

between two points and the terrain beneath such airspace
identified, to the extent necessary, for application of flight rules.
(v) "Air route and airway facilities" refers to facilities
provided to permit safe navigation of aircraft within the
airspace of air routes and airways, including:

(1) Visual and non-visual aids along the air routes and airways

(2) Visual and non-visual aids to approach and landing at airports;

(3) Communication services;

(4) Meteorological observations;

(5) Air traffic control services and facilities and

(6) Flight services and facilities.

(dd) "Aviation certificate" means any airworthiness certificate,
airman certificate, air
operator certificate, certificate authorizing the operation of an
aviation school or
approved maintenance organization or other document issued by
virtue of the provisions
of this Act in respect of any person, aircraft, airport or aviation-
related service.

(ee) "Board of Directors" means the board of the civil aviation

authority created under this Act.

(ff) "Chicago Convention" The Convention on International Civil

Aviation, drafted in 1944 by 54 nations, was established to
promote cooperation and “create and preserve friendship and
understanding among the nations and peoples of the world.”
 
Known more commonly today as the ‘Chicago Convention’, this
landmark agreement established the core principles permitting
international transport by air, and led to the creation of the
specialized agency which has overseen it ever since – the
International Civil Aviation Organization (ICAO).
(hh) "Civil aircraft" refers to any aircraft other than a State
or public aircraft.

(ii) "Civil aviation" refers to the operation of any civil aircraft

for the purpose of general aviation operations, aerial work
or commercial air transport operations.
PART 2 – PERSONAL LICENSING

STUDENT PILOT LICENSE (SPL)

A. Shall be not less than 16 years of age

B. The applicant can read, speak and understand English

C. The applicant must hold a current class 2 Medical Certificate

D. Pre-solo flight instruction. Prior to conducting a solo flight, a student pilot shall have:
- received and logged flight training for the maneuvers and procedures
- demonstrated satisfactory proficiency and safety, as judged by an authorized instructor, on the
maneuvers and procedures

E. Solo flight requirement:

- Holding at least a Class 2 Medical Certificate
- An Authorized student pilot had received and logged ground training from an authorized instructor
- Must be authorized by a Flight Instructor
PRIVATE PILOT LICENSE (PPL)
A. Shall be not less than 17 years of age.
B. Knowledge:
I. Airlaw
II. Aircraft general knowledge:
III. Flight performance and planning
IV. Human performance
V. Meteorology
VI. Navigation
VII. Operational procedures:
VIII. Principles of flight
IX. Radiotelephony:

2. have received an endorsement for the knowledge test from an authorized instructor

C. Experience

1. Shall have completed not less than 40 hours of flight time as pilot of airplanes, a total of 5 hours may have
been completed in a flight simulator or flight procedures trainer.
2. Shall have completed in airplanes not less than 10 hours of solo flight time , including 5hours of solo cross-
country flight time with at least one cross-country flight totaling not less than 270 km (150 nm) in the
course of which full-stop landings at two difference aerodromes shall be made.
COMMERCIAL PILOT LICENSE (CPL)

A. Shall be not less than 18 years of age.

B. Knowledge :

I. Airlaw
II. Aircraft general knowledge:
III. Flight performance and planning
IV. Human performance
V. Meteorology
VI. Navigation
VII. Operational procedures:
VIII.Principles of flight
IX. Radiotelephony

1. Have received an endorsement for the knowledge test from an authorized

Instructor
C. Experience
1. Shall have completed not less than 200 hours of flight time, or 150 hours if completed during
an Authority-approved training course provided for in an Approved Training Organization under
Part 3, as a pilot of airplanes, of which 10 hours may have been completed in a flight simulator
or flight procedures trainer.

2. The applicant shall have completed in airplanes not less than:

I. 100 hours as pilot-in-command or, in the case of a course of approved training, 70 hours as
pilot-in-command;
II. 20 hours of cross-country flight time as pilot-in-command including a cross country flight
totaling not less than 540 km (300 NM) in the course of which full-stop landings at two
different aerodromes shall be made:
III.10 hours of instrument instruction time of which not more than 5 hours may be instrument
ground time;
IV. if the privileges of the license are to be exercised at night, 5 hours of night flight time
including 5 take-offs and 5 landings as pilot-in-command.
E. Skill. The applicant for a CPL(A) shall:
1. have received an endorsement from an authorized instructor who
certifies that the person is prepared for the required skill test; and

2. shall have demonstrated by passing a skill test the ability to perform

as pilot-in command of an airplane, and to
(i) operate the airplane within its limitations;
(ii) complete all maneuvers with smoothness and accuracy;
(iii) exercise good judgment and airmanship;
(iv) apply aeronautical knowledge; and
(v) maintain control of the airplane at all times in a manner such that
the successful outcome of a procedure or maneuver is never seriously
in doubt.

F. Medical fitness: Shall hold a current Class 1 Medical Certificate.

G. Validity: Validity period of the license is Two (2) year.
CLASS ONE MEDICAL CERTIFICATE

• An applicant for a CPL, ATPL license shall undergo an initial

medical examination for the issue of a Class 1 Medical
Certificate.

• 6 months for the Class 1 for ATPL.

• 12 months for CPL license.

• When the holders have passed their 40th birthday : the 12-month
interval specified for CPL license and will be reduced to 6 months
CLASS TWO MEDICAL CERTIFICATE

• An applicant for a PPL, SPL license shall undergo an initial medical

examination for the issue of a Class 2 Medical Certificate.

• 24 months for the Class 2 for the PPL, SPL

• When the holders have passed their 40th birthday: the 24-month
interval specified for the PPL, SPL, will be reduced to 12 months
QUIZ

1. What is the minimum age to obtain an SPL?

16 years old

2. How long does a class one medical certificate last?

6 months for ATPL, 12 months for CPL

3. What is part 2 of PCAR?

Personal Licensing

4. What is annex 1?
Personal Licensing

5. What is the minimum medical requirements for an SPL?

Class 2
Aircraft Classes

Documents

NTSB

Maintenance

Pilot Certification
This lesson only summarizes
operational and pilot certification
requirements the CAAP wants you to
know for the Knowledge Exam.

Most, if not all, of this material is covered

in the FARs or the AIM of FAA

FAR stands for Federal Aviation Regulations

AIM stands for Aeronautical Information

Manual
Certification of Airmen

Category of Aircraft

Rotorcraft
Certification of Airmen

Class of Aircraft
Certification of Aircraft

Category of Aircraft

Normal

Utility

Limited

Restricted
Certification of Aircraft

Class of Aircraft
Airplane
Responsibilities of PIC (Pilot in
Command)

Prior to every flight, pilots are required to

become familiar with all available
information concerning their flight.

Determine runway lengths at airports of

intended landing.

You are required to determine the

airplane’s takeoff and landing distance
requirements.
Preflight action for flight away from
the vicinity of an airport must include
an alternate course of action if the
flight cannot be completed as
planned.

The minimum check is to do at least a

walk around inspection.

You also must make sure your aircraft

has enough fuel.
Required Documents

A Airworthiness Certificate

R Registration Certificate

R Radio Station License

O Operating Limitations

W Weight and Balance

Operating limitations can be found in an
FAA approved flight manual or on markings
and placards located throughout the
airplane.

An airworthiness certificate is a certificate

which verifies that the aircraft is airworthy
or was at the time the certificate was
issued.
The certificate never expires and is good
for as long as the aircraft is maintained
and operated as required by the FARs.

The airworthiness certificate must be

displayed in the cockpit or in the cabin
entrance so that passengers or crew can
see it.
General Regulations

However, crewmembers must have their safety

belts fastened at all times while at their
stations.
Shoulder harnesses must be worn during takeoff
and landing.

Before takeoff, the altimeter should be set to

the local altimeter setting. If the setting is not
available, then adjust your altimeter to the
elevation of the departure airport.
All aircraft operating at or above 18,000
feet MSL must set their altimeter to 29.92
inches. Private pilots are not allowed in
this airspace without an instrument rating.

When aircraft are operating on the ground

or in the air, between sunset and sunrise,
the pilot must turn on the position lights,
sometimes called the navigation lights, and
the beacons or strobes.
The FARs regulations refer to these as
“an approved aviation red or white
anti-collision light.”

The pilot in command is responsible

on, and is the final authority for, the
operation of the aircraft. He or she is
also responsible for determining that
the aircraft is airworthy before the
flight.
AIR TRAFFIC CONTROLLER
ATC c Control
Air Traffic

Orderly Flow
c of Traffic

Aircraft Separation
c

c
May not deviate from clearance

If deviation is needed, request


c
your clearance from ATC

During an Emergency
c you may 

deviate to the extent needed.
Emergency Operations

During an Emergency
c you may 

deviate to the extent needed.

Inform ATC of cthe Emergency.


You will be given priority.

Comply withc requests for 


any written reports.
Airspace Consideration
Squawk Codes

1200 Visual Flight Rules (VFR)

1202 Gliders.

7500 Hijack.

7600 Communications failure.

7700 emergency.
7777 military intercept code.
 Speed Limits

Below 10,000’ c250 knots

In Class B Airspace c250 knots

Underlying Class B, or
 c200 knots

within VFR corridors

In Class D Airspace c 200 knots

SPECIAL VFR

c from ATC.
Clearance

Remain cclear of clouds.

At leastc1 SM visibility

At night, pilot
c and aircraft

must be instrument capable.

Students needc 3 SM during 


day and 5 SM at night
MSL Oxygen Requirements

12,500’ Crew must use oxygen for


c
to14,500’ more than 30 minutes.

Above
 Crew must use oxygen


c
14,500’ continuously.

Above
 Occupants must be


c
15,000’ “provided” with oxygen.
East-West Altitude Rules
Right of Way Rules

(1) Each pilot shall maintain vigilance so as to see and avoid

other aircraft; and

(2) When a rule of this subsection gives another aircraft the

right-of-way, the pilot shall give way to that aircraft and may not pass
over, under, or ahead of it unless well clear and taking into
account the effect of aircraft wake turbulence.

(3) Each pilot who has the right-of-way shall maintain his or
her heading and speed but is still responsible for taking such action,
including collision avoidance maneuver based on resolution
advisories provided by ACAS(Airborne C o l l i s i o n
Avoidance System) equipment, as will best avert collision
In distress. An aircraft in distress has the right-of-
way over all other air traffic.

Converging.

When aircraft of the same category are

converging at approximately the same a l t i t u d e
(except head-on, or nearly so), the aircraft to the
other's right has the right-of-way.
(2) If the converging aircraft are of different categories-
(i) A balloon has the right-of-way over any other category of
aircraft;
(ii) A glider has the right-of-way over an airship, and power
driven heavier than air aircraft;
and
(iii) An airship has the right-of-way over a power driven
heavier than air aircraft.
(d) Towing or Refuelling. An aircraft towing or refuelling other
aircraft has the right-of- way over all other engine-driven
aircraft, except aircraft in distress.
(e) Approaching head-on. When aircraft are approaching each other
head-on, or nearly so, each pilot of each aircraft shall alter course to
the right.

(f) Overtaking. Each aircraft that is being overtaken has the right-of-
way and each pilot of an overtaking aircraft shall alter course to the
right to pass well clear.

(g) Landing. Aircraft while on final approach to land or while landing,

have the right-of-way over other aircraft in flight or operating on the
surface.

Note: The PIC may not take advantage of this rule to force an aircraft
off the runway surface which has already landed and is attempting to
make way for an aircraft on final approach