AIRLAWS

A Boring Mo
vie by Niñ oe
l Dela Cruz
Lets start it with a question

What is air laws?

How does it affects your job in the FUTURE?
Why the HELL am I required to study about it?
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
Lets start the boring discussion……..
Once upon a
time
 There was nothing…

Then kaboom!!!
The Hardest subject by
reference quantity was
CREATED.

You will hate that first day in

PARIS…. >_<
How can one country own airspace?

Can we actually acquire air space?

Can we classify air space like the High Seas?

Lets Classify air laws first
0 International air laws
0 Local air laws
Everything started way before that day in PARIS,
 International
The first concerted attempt at codification on an international
scale took place before 1910, when German balloons
repeatedly made flights above French territory. 2 The French
Government was of the opinion that for safety reasons it
would be desirable for the two governments involved to try
and reach an agreement to resolve the problem. As a result
the Paris Conference of 1910 was convened, the tendency of
the conference did not adopt the idea of ‘freedom of the air’
but was in favor of the sovereignty of states in the space
above their territories, which was reflected on the draft
convention at the plenary session of the conference
 Main international organizations in aviation

ICAO - is playing an outstanding role in world aviation

events. Its set-up is starting by the agreement
concluded during the Chicago conference of 19445.
The impulse of its set-up is generated as to the field of
aviation in structural innovations of international co-
operation and law making after the 2nd World War.
IATA - is not an official body but its aim and objective
are clearly set out in its incorporating acts for the safe,
regular and economical air transport for the benefit of
the air aviation, to foster air commerce and to study
problems connected therewith by means of
collaboration among airlines engaged directly or
indirectly in international air transport service. Its job
is always working with ICAO and the other
international organization, lies in the sectors of
technical and commercial.
IATA has another important functions, one of
which is performing as a clearing-house, handling
the ticketing clearing for airlines’ account under
the responsibility of its financial committee since
1947 in London, later, it moved to Geneva. The
other function of IATA is to fix tariff rates for
international air transport, its activities find their
expression in Resolutions and
 conventions
0 THE PARIS CONVENTION-1919
0 The WARSAW CONVENTION of 1929
0 The CHICAGO CONFERENCE – 1944
0 ROME CNVENTION – 7 October 1952,
0 GUADALAJARA CONVENTION – 18 Spetember 1961
0 TOKYO CONFERENCE-1963
0 HAGUE CONFERENCE-1970
0 MONTREAL CONFERENCE-1971
 PARIs
0 The convention, with its annexes, was agreed upon,
adopted and opened the signature by the
representatives of 32 allied and associated powers
represented at the peace conference. The 34 articles
covered the reservation of sovereignty of airspace by
the contracting nations;
 Principles of Paris convention
1. Each nation has absolute sovereignty over the airspace overlying its
territories and waters. A nation, therefore, has the right to deny entry
and regulate flights (both foreign and domestic) into and through its
airspace
2. Each nation should apply its airspace rules equally to its own and
foreign aircraft operating within that airspace, and make rules such that
its sovereignty and security are respected while affording as much
freedom of passage as possible to its own and other signatories' aircraft.
3. Aircraft of contracting states are to be treated equally in the eyes of
each nation's law
4. Aircraft must be registered to a state, and they possess the nationality
of the state in which they are registered
 paris convention chapters

0 General Principles
0 Nationality of aircraft
0 Certificates of airworthiness and competency
0 Admission to air navigation above foreign territory
0 Rules to be observed on departure when under way and on
landing
0 Prohibited transport
0 State aircraft
0 International Commission for air navigation
0 Final Provisions
 WARSAW
It is the convention for the unification of certain rules
relating to international transportation by air applies
to any international transportation of persons,
baggage or merchandise by aircraft compensations.
The Warsaw Convention provided that an air carrier
was liable for damages sustained by:
0 Death or injury to the passengers
0 Destruction, loss or damage to baggage or goods
0 Loss resulting from delay in the transportation of
passengers, baggage or merchandise.
 Chicago Bulls convention
The aim of the conference was to foster (to develop) development of
international civil aviation “in a safe and orderly manner” to establish
international air transport service on the basis of equality of service
The contracting states were required to undertake to secure the
highest degree of uniformity in complying with international
standards and practices with respect to the followings:
0 Communication systems and air navigation aids
0 Characteristics of airports and landing areas
0 Rules of air and air traffic control practices
0 Licensing of operating and mechanical personnel
0 Airworthiness of aircraft
0 Registration and identification of aircraft
0 Collection and exchange of meteorological information
0 Logbooks
0 Aeronautical maps and charts
0 Customs and immigration procedures
0 Aircraft in distress and investigation of accidents and other matters concerning
the safety, regularity and efficiency of air navigation
0 The Chicago Conference established the International Civil Aviation Organization
(ICAO) to foster the planning and development of international air transport.
0 The Chicago Conference provided another significant document, “The
International Air Transport Agreement” or the “Five Freedoms Agreement”. This
agreement is applicable only to civil aircraft engaged in scheduled air services.
 Rome
convention on damage caused by foreign aircraft to third
parties on the surface.
“Any person who suffers damage on the surface shall,
upon proof only that the damage was caused by an
aircraft in flight or by any person or thing falling
therefrom, be entitled to compensation as provided by
this Convention” Nevertheless there shall be no right to
compensation if the damage is not a direct consequence of
the incident giving rise thereto, or if the damage results
from the mere fact of passage of the aircraft through the
airspace in conformity with existing air traffic regulations.
For the purpose of this Convention, an aircraft is
considered to be in flight from the moment when
power is applied for the purpose of actual take-off
until the moment when the landing run ends. In the
case of an aircraft lighter than air, the expression "in
flight" relates to the period from the moment when it
becomes detached from the surface until it becomes
again attached thereto.
The registered owner of the aircraft shall be
presumed to be the operator and shall be liable as
such unless, in the proceedings for the determination
of his liability, he proves that some other person was
the operator and, in so far as legal procedures permit,
takes appropriate measures to make that other
person a party in the proceedings.
 GUADALAJARA CONVENTION

convention supplementary to the Warsaw convention

for the unification of certain rules relating to
international carriage by air performed by a person
other than the contracting carrier, signed in
Guadalajara, on 18 September 1961
 Tokyo Ghoul convention

This convention provides that the State of Registration of an aircraft is

competent to exercise jurisdiction over offences and acts committed on
board.
0 Its object is to ensure that offences, wherever committed should not go
unpunished. As certain acts committed on board or may prejudice good
order and discipline on board, the aircraft commander and others are
empowered to prevent such acts being committed and to disembark the
person concerned.
0 In the case of an anticipated or actual unlawful or forcible seizure of an
aircraft in flight by a person on board, the States party to the
Convention are obliged to take all appropriate measures to restore and
preserve control of the aircraft to its lawful commander.
 HAGUE CONFERENCE
Convention for the Suppression of Unlawful Seizure of
Aircraft was signed at the Hague in December 1970.
0 The Convention defines the Act of Unlawful Seizure of
Aircraft, and lists which Contracting States have
undertaken to make such offences punishable by
severe penalties.
0 The Convention contains detailed provisions on the
establishment of jurisdiction by States over the
offence, on the taking of the offender into custody and
on the prosecution or extradition of the offender.
 MONTREAL CONFERENCE
This convention came into force on 26 January 1973. It is mainly concerned with
acts other than those pertaining to the unlawful seizure of aircraft. For example:
0 Acts of violence on board which endanger people and property and safety of the
aeroplane.
0 The destruction of an aircraft in service or causing damage which renders it
incapable of flight or which is likely to endanger its safety in flight.
0 Placing in an aircraft any device likely to destroy, damage or render unfit for flight
any aircraft.
0 Destroying or damaging any air navigation facility or interference with its correct
operation.
0 The communication of information known to be false which endangers the safety
of an aeroplane in flight.
 Kalayaang pang himpapawid

0 FIRST FREEDOM -The right to fly over another country without

landing
0 SECOND FREEDOM - The right to make a landing for technical
reasons (e.g. refueling) in another country without picking
up/setting down revenue traffic (The privilege to land non-traffic
purposes)
0 THIRD FREEDOM -The right to carry revenue traffic from your
own country (A) to the country (B) of your treaty partner (e.g.
From İstanbul to Paris).
0 FOURTH FREEDOM -The right to carry traffic from country (B)
back to your own country (A). (e.g. From Paris to İstanbul).
Note: the 3rd and the 4th freedom always comes together.
0 FİFTH FREEDOM -The right of an airline from country (A) to carry
revenue traffic between country (B) and other countries such as (C)
or (D) on services starting or ending in its home country (A). This
freedom cannot be used unless countries (C) or (D) also agrees. (The
right for an airline to carry traffic between countries outside its own
country)
0 SIXTH FREEDOM The use by an airline of country (A) of two sets of
third and fourth freedom rights to carry traffic between two other
countries but using its base at (A) as a transit point.
This freedom is very rarely accepted in bilateral agreements or in
multi-lateral conventions. For example, it permits to the same
passenger to fly Paris-London then London-Singapore with British
Airways
0 SEVENTH FREEDOM - The right of an airline to carry revenue traffic between points in
two countries on services which lie entirely outside its own home country. For
example, Singapore permitted British companies to handle traffic from Singapore to
South-East Asia.
0 EIGHT FREEDOM -The eight freedom is also called cabotage. The right for an airline to
pick up and set down passengers or freight between two domestic points in another
country on a service originating in its own home country. This freedom is the most
protected by the states. Domestic market depends on the sovereignty of each state.
0 NINTH FREEDOM -This freedom is a direct result of the IATA conference and permits
interlining or code sharing. This is a scheduled flight being flown by an operator other
than the operator to whom the schedule has been granted or with whom the schedule
is shared. In this situation, the flight code (identifying the carrier/operator and the
schedule flight) is used by another operator. In this situation, the passenger must be
informed who the actual carrier is.
 FAR – FEDERAL AVIATION REGULATION

Major functions of FAA

0 Regulating U.S. commercial space transportation
0 Regulating air navigation facilities' geometry and flight inspection standards
0 Encouraging and developing civil aeronautics, including new aviation
technology
0 Issuing, suspending, or revoking pilot certificates
0 Regulating civil aviation to promote safety, especially through local offices called Flight Standards District
Office
0 Developing and operating a system of air traffic control and navigation for
both civil and military aircraft
0 Researching and developing the National Airspace System and civil
aeronautics
0 Developing and carrying out programs to control aircraft noise and other
environmental effects of civil aviation
 Federal Aviation Regulations For Airworthiness

0 The FAA issues production approvals to companies

who produce aircraft, engines, or parts thereof. These
approvals are outlined in FAR Part 21.
0 When aircraft or engines are manufactured, they must
be manufactured to a specific set of standards. Those
standards are published by the FAA in the form a
FAR’s
 In the process of producing aviation articles the manufacturer must comply with one of
the following regulations, as applicable:

0 FAR Part 23 - details the airworthiness standards for airplanes with a

maximum take-off weight of less than 12,500 lbs., such as the Cessna
172 and Cirrus SR20.
0 FAR Part 25 - details the airworthiness standards for airplanes with a
maximum take-off weight of 12,500 lbs. or more, such as the Boeing
737 or Airbus A320.
0 FAR Part 26 - Details continued airworthiness standards and safety
improvements for large transport category airplanes, such as the
Boeing 737 and Airbus A320.
0 FAR Part 27 - details the airworthiness standards for helicopters with a
maximum take-off weight of less than 12,500 lbs., such as the Bell 407
or Eurocopter EC120B.
0 FAR Part 29 - details the airworthiness standards for
helicopters with a maximum take-off weight of 12,500
lbs. or more, such as the Bell 412 or Boeing Chinook.
0 FAR Part 33 - details the airworthiness standards for
both reciprocating and turbine aircraft engines such
as the Lycoming IO-540 or the Pratt & Whitney
PW4000.
0 FAR Part 35 - details the airworthiness standards for
aircraft propellers such as those made by McCaulley
or Hartzel.
 Once an aviation article is produced, the maintenance and
inspections (continued airworthiness) of those articles is
regulated by the following FAR's:

0 FAR Part 43 – is the rule that governs the continued maintenance,

preventive maintenance, rebuilding and alteration of the above-
mentioned articles after they have been manufactured.
0 FAR Part 145 – is the rule that governs aircraft repair station
activities, and the personnel working in repair stations.

Each regulation may have multiple levels of standards. For

example, aircraft performance standards include specifications
for stall speed, rate of climb, take-off speed, and the average
weight of pilot, passengers, and crew.
 EASA – European Aviation Safety Agency

EASA has jurisdiction over new type certificates and

other design-related airworthiness approvals for aircraft,
engines, propellers and parts. EASA works with the
National Aviation Authorities (NAAs) of the EU members
but has taken over many of their functions in the interest
of aviation standardization across the EU and non-EU
member Turkey. EASA is also responsible for assisting
the European Commission in negotiating international
harmonization agreements with the 'rest of the world'
(ROW) on behalf of the EU member states and also
concludes technical agreements at a working level
directly with its counterparts around the world such as
the US Federal Aviation Administration (FAA).
Part-66 was based on the older JAR system and the
required training level followed the ATA 104 system.
There are 3 levels of authorization:
 Category A
(Line Maintenance Mechanic): Basic A category License +
Task Training (Level depends on Task Complexity) +
Company Certification Authorization for specific Tasks
("A category A aircraft maintenance licence permits the
holder to issue certificates of release to service following
minor scheduled line maintenance and simple defect
rectification within the limits of tasks specifically
endorsed on the authorisation. The certification
privileges shall be restricted to work that the licence
holder has personally performed in a Part-145
organisation"),
Category B1 (Mechanical) and/or B2(Avionics) (Line Maintenance
Technician)

Basic B1/B2 category Licensce + Type Training (i.e. Line and Base
Maintenance I.A.W. Part-66 Appendix III Level III) + Company
Certification Authorization ("a category B1 aircraft maintenance licence
shall permit the holder to issue certificates of release to service
following maintenance, including aircraft structure, powerplant and
mechanical and electrical systems. Replacement of avionic line
replaceable units, requiring simple tests to prove their serviceability,
shall also be included in the privileges. Category B1 shall automatically
include the appropriate 'A' subcategory", a Category B2 aircraft
maintenance licence shall permit the holder to issue certificates of
release to service following maintenance on avionic and electrical
systems").
 Category C (Base Maintenance Certifying Engineer):

Basic C category license + Type Training (Line & Base

Maintenance i.a.w. Part-66 Appendix III, Level III for the first
Type Rating and Part-66 Level I training for subsequent
Aircraft Types of similar technology, otherwise Level III
training) + Company Certification Authorization ("a
category C aircraft maintenance licence shall permit the
holder to issue certificates of release to service following
base maintenance on aircraft. The privileges apply to the
aircraft in its entirety in a Part-145 organisation").
 Part 145: Maintenance Organization Approval

To obtain approval to be an aeronautical repair

station, an organisation must write, submit and keep
updated a Maintenance Organisation Exposition
(MOE). To support their MOE they must have a
documented set of procedures. Thirdly the
organisation must have a compliance matrix to show
how they meet the requirements of Part-145
 EASA Part-M: Continuing Airworthiness

EASA Part-M consists of several subparts. The

noteworthy subparts are F (Maintenance for aircraft
below 5700 kg in non commercial environment), G
(Continuing Airworthiness Management Organization
= CAMO, coordinating the compliance of aircraft with
maintenance program, airworthiness directives and
service bulletins) in the regulations section.
 EASA Part-147: Training Organisation Requirements

To go with Part-66 on the issuing of licenses is the

larger area of setting up and gaining approval for a
training school for aircraft mechanics. Part-147
governs the larger situation of establishing such a
training school
 EASA Part-21: Subpart J Design Organization Approval

Design Organisation means an organisation responsible

for the design of aircraft, aircraft engines, propellers,
auxiliary power units, or related parts and appliances,
and holding, or applying for, type-certificates,
supplemental type-certificates, changes or repairs design
approvals or ETSO Authorisations. A design organisation
holds DOA (Design Organisation Approval) or, by way of
derogation, Alternatives Procedures to DOA. A DOA-List
enlisting all companies holding DO Approval with their
capabilities can be downloaded from the EASA web-site.
 EASA Part-21: Subpart G Production Organization Approval

A part built for an aircraft can be certificated with an

EASA Form One as approved for a particular aircraft
type once it has been installed as prototype to an
aircraft and has been certificated by a Design
Organisation with a Minor Change Approval, a
Supplemental Type Certificate (STC) or a Type
Certificate (TC).
 JAA – Joint Airworthiness
Authority
The JAA was established in 1970. Originally its objectives
were to produce common certification codes for large
aeroplanes and for engines in order to meet the needs of
European industry (e.g. Airbus). Partly driven by the need
for a more efficient certification process particularly for
the Airbus Aircraft. The JAA was founded with the
objective of a cooperative safety regulatory system to
achieve uniform high standards of aviation safety. The
decision to harmonize with the FAA regulatory
environment was a good one and persists to this day. 
 JAR 145
JAR-145 is a regulation first published in 1991 which
addresses the requirements to be met by a maintenance
organization that wishes to maintain aircraft,
components or equipment used in commercial air
transportation.
 LOCAL Air l
aw
Pambansang
batas pang h
im papawid
 PD: 1570
0 This Decree shall be known as the "Philippine
Aeronautical Engineering Decree."

0 June 11, 1978 - PRESIDENTIAL DECREE No. 1570

0 April 6, 1982 - FIRST BOARD OF Aero Engineering PRC
0 September 23, 1982 – Adoption of the BoAE of the IRR
0 October 12, 1982 – Approval of the IRR by the PRC
0 15 days after publication at the official gazette - IRR
Effectivity
0 July 1983 - FIRST LICENSURE EXAM
0 Section 1. Title of the Decree.
0 • Section 2. Objectives.
0 • Section 3. Creation of the Board.
0 • Section 4. Qualifications of Board Members.
0 • Section 5. Term of Office.
0 • Section 6. Removal of Member.
0 • Section 7. Powers and duties of the Board.
0 • Section 8. Procedure of investigation of violations.
0 • Section 9. Compensation of Members.
0 • Section 10. Conduct of Examinations.
0 Section 11. Schedule of fees.
0 • Section 12. Annual report of the Board.
0 • Section 13. Board of Examinations
0 • Section 14. Qualification for examinations.
0 • Section 15. Schedule of examinations.
0 • Section 16. Scope of examinations.
0 • Section 17. Passing average.
0 • Section 18. Report of Ratings.
0 • Section 19. Certificate of Registration.
0 • Section 20. Registration without examinations.
0 Section 21. Temporary registration; issuance of special permits.
0 • Section 22. Refusal to issue certificate.
0 • Section 23. Suspension and revocation of certificate.
0 • Section 24. Reinstatement or replacement of certificate.
0 • Section 25. Seal and its use.
0 • Section 26. Posting certificates.
0 • Section 27. Meaning of practice of aeronautical engineering.
0 • Section 28. Unlawful practice.
0 • Section 29. Definitions.
0 • Section 30. Enforcement of this Decree by officers of the law.
0 • Section 31. Roster of aeronautical engineers.
0 • Section 32. Integration of Aeronautical
Engineering Profession.
0 • Section 33. Penalties for violations of this
Decree.
0 • Section 34. Separability Clause.
0 • Section 35. Laws in conflict.
0 • Section 36. Effectivity
 PD 1570 Implementing Rules and Regulations (IRR)

PRELIMINARY ARTICLE
• Section 1 Definition of Terms.
• Section 2 Seal of the Board of Aeronautical
Engineering.
• Section 3 Seal of the Aeronautical Engineering.
ARTICLE II Registration of Aeronautical Engineers
• Section 1. Registration with Examination.
• Section 2. Proof of qualification for Examination
• Section 3. Scope of Examination.
ARTICLE III Practice of Aeronautical Engineering
• Section 1. Nature and Scope of Practice.
• Section 2. Sevices of Aeronautical Engineers.
ARTICLE IV Code of Professional Ethics
ARTICLE V Miscellaneous Provisions
• Section 1. Records of the Board.
• Section 2. Annual Report.
• Section 3. Roster of Aeronautical Engineers.
• Section 4. Amendment.
• Section 5. Effectivity.
Seal of the Board of Aeronautical Engineering
Seal of the Aeronautical Engineering
 CODE OF ETHICS – AERONAUTICAL ENGINEER

Relations with the State

Relations with the Public
Relations with the Clients and Employers
Relations with the Engineers
Relations with the Profession
 RA - 776
0 The general purpose of this Act is the reorganization
of the Civil Aeronautics Board and the Civil
Aeronautics Administration, defining their powers
and duties and making certain adjustment of funds
and personnel in connection therewith; and the
regulation of civil aeronautics.
 CIVIL AERONAUTICS BOARD

Composition of the Board

0 Chairman – Secretary of Transportation and
Communications or Representative
0 Vice Chairman - Assistant Secretary for Air
Transportation of the Department of Transportation
and Communications (Currently the DOT Secretary)
0 Commanding General of the Philippine Air Force*
(Currently the CAAP DG), and
0 Two (2) members to be appointed by the President of
the Philippines.
 Permanent personnel of the board

0 The Board shall have an Executive Director, a Deputy Executive

Director, and a Board Secretary who shall be a member of the
Philippine Bar.
0 Executive Director shall be the Chief Executive of the Board
0 Deputy Executive Director – Assist the Executive Director
0 Board Secretary shall record all proceedings of the Board, take
charge of and keep all its papers, and perform such other duties
as may be prescribed by the Board.
0 Chiefs of the Technical Divisions, and such other officers and
employees as may be required by the Board in the performance of
its functions and duties.
 Powers and duties of the Board

Board shall have the power to regulate the economic aspect of

air transportation, and shall have the general supervision and
regulation of, the jurisdiction and control over, air carriers,
general sales agents, cargo sales agents, and airfreight
forwarders as well as their property, property rights,
equipment, facilities, and franchise, in so far as may be
necessary for the purpose of carrying out the provisions of this
Act.

The Board may perform such acts, conduct such investigations,

issue and amend such orders, and make and amend such
general and special rules, regulations, and procedures as it
shall deem necessary to carry out the provisions of this Act.
 PHILIPPINE CIVIL AVIATION REGULATIONS (PCAR)

PART I - GENERAL POLICIES, PROCEDURES, and DEFINITIONS

PART II - PERSONNEL LICENSING
PART III - APPROVED TRAINING ORGANIZATIONS
PART IV - AIRCRAFT REGISTRATION AND MARKINGS
PART V - AIRWORTHINESS
PART VI - APPROVED MAINTENANCE ORGANIZATION
PART VII - INSTRUMENTS AND EQUIPMENT
PART VIII - OPERATIONS
PART IX - AIR OPERATORS CERTIFICATE AND REGISTRATION
PART X - COMMERCIAL AIR TRANSPORT BY FOREIGN AIR CARRIERS
WITHIN REPUBLIC OF THE PHILIPPINES
PART XI - AERIAL WORK AND OPERATING LIMITATIONS FOR NON-
TYPE CERTIFICATED AIRCRAFT
 RA - 9497
AN ACT CREATMG THE CIVIL AVIATION AUTHORTTY
OF THE PHILIPPINES, AUTHORIZING THE
APPROPRIATION OF FUNDSTHEREFOR,
ANDFOROTHERPURPOSES
 WHATS THE SECRET TO PASS?

READ READ READ!!!

Sleep Sleep Sleep