No legal action can be taken for trespass and nuisance by reason of flight of aircraft over property at a height which having regard to wind, weather, and all the circumstances is reasonable, or the ordinary incidents of the flight, provided that the other terms and conditions are complied with. There are penalties for dangerous flying. The owner and the person guilty of the offence […]
The Air Navigation and Transport Act 1936 provided for the incorporation of Aer Lingus Teoranta, a private company whose sole shareholder was the State. Provision was made for subsidies and loans. The 1946 Act provided for the establishment of Aer Rianta, as a company owned by the State. The shares were issued to the Minister for Finance. Provision was made for loans and investment on […]
The Air Navigation and Transport Act 1936 provided that the Minister/ Department may acquire land for the purpose of establishment of aerodromes. Auxiliary roads, equipment, and buildings may be provided. Local authorities can, in principle, with the consent of the Minister, carry out business ancillary to that of carrying on an aerodrome. Where the Minister or local authority establishes an aerodrome, he may limit other […]
Where damage is caused to persons or property by any person in or article falling from an aircraft in flight, taking off or landing, special provision applies. Damages are recoverable from the owner of the aircraft in respect of such damage or loss without proof of negligence or intention, as if caused by his willful act, neglect, or default except where the loss or damage […]
Where damage is caused to persons or property by any person in or article falling from an aircraft in flight, taking off or landing, special provision applies. Damages are recoverable from the owner of the aircraft in respect of such damage or loss without proof of negligence or intention, as if caused by his willful act, neglect, or default except where the loss or damage […]
The Irish Aviation Authority was established under the Irish Aviation Authority Act 1993. The Minister has the power to require the authority to comply with policy decisions of a general kind made by the government. It may be required refrain from doing things to which the functions relate, specified in a direction or refrain from doing that, which in the opinion of the Minister is […]
The Commission for Aviation Regulation was established in 2001 as a regulator of certain aspect of the aviation industry. The State airports are owned directly or indirectly by the government. A part of the reason to establish a regulator was to avoid a conflict of interest for the government’s role with shareholders of the airports and regulator of airport charges. Aer Rianta became the Dublin […]
The pilot in command of private or commercial aircraft must prior to commencement of the flight be satisfied that the flight may be safely undertaken in accordance with the proposed route and the aerodromes concerned in relation in the given weather conditions. Alternative action must be taken if the planned flight cannot be completed. The pilot in command must be satisfied that the aircraft is […]
Every aircraft must have registration letter showing the state it is registered in (EI for Ireland followed by a hyphen and the registration mark of three capital letters). The nationality and registration marks are to be inscribed on fireproof material prominently near the main entrance and painted or affixed to the aircraft. The precise requirements in respect of external display of the registration mark and […]
Aircraft must follow flight rules. They may be visual flight rules which are with reference to visual references and instruments or flight rules with reference to aircraft instruments. Visual flights rules are applicable only where weather and safely allows and there is sufficient visibility. With visual flight rules, the aircraft must operate with sufficient visibility in terms of the distance relative to speed. Air traffic […]
Eurocontrol is the European organisation for the safety of air navigation and was established by Convention in 1960. The Convention was given effect by the Air Navigation (Eurocontrol) Act, 1963 and Ireland joined o the organisation in 1965. The organisation includes nearly all the EU states and several further states. Since the original Convention, six further Conventions have been adopted. The Convention and subsequent Protocols […]
The first major Convention on Aviation was the Paris Convention on the Regulation of Aerial Navigation 1919. In effect, it codified and established international law principles on air space convention. Itacknowledged and recognised the exclusive sovereignty of States over and in respect of their airspace. The Convention was a precursor of the Chicago Convention 1944. It established some important principles and bodies. It established the […]
Air services activities are the subject of bilateral agreements between states. The right to negotiate follows from the basic principles of sovereignty, preserved in the Chicago Convention. However, the Chicago Convention itself does not deal with airline trade services. Until the 1980s, relatively protectionist conditions prevailed in international trade, generally. This was reflected in agreements on air traffic rights. Many airlines were owned by state […]
A series of hijacking incidents in the 1950s and 60s brought hijacking and air privacy centre stage. Differences in criminal sanctions and laws, cause, jurisdictions became apparent. The start of the millennium saw the infamous 9/11 attacks. Historically, maritime privacy was one of the few crimes that all States could punish regardless of where the action was taken or whose citizens were affected. In the […]
The Chicago Convention 1944 establishes the ICAO. It is a UN international body whose function is to develop principles and techniques of international air navigation and foster planning and development of international air travel. Its objectives are to ensure the safe and orderly growth of international civil aviation, encourage the art of aircraft design and operation for peaceful purposes, encourage the development of airports and […]
There was no single international comprehensive system of registration of property rights and other interests including security interests in aircraft and aircraft parts. Aircraft are expensive capital goods, and require considerable investment. The rules by which both states limit interest in airlines to the nationals in broad terms, is not applicable to financing of aircraft. The do apply to equity stakes in the firm itself […]
Ticket for Passengers A ticket for the carriage of a passenger must be delivered, which contains details of the place of departure and destination which shows at least one stopping place outside the State; notice to the effect that the journey involves an ultimate destination or stop in a state, other than the place of departure that the Warsaw Convention may be applicable and that […]
Air carrier passenger and baggage liability Regulation (EC) No 2027/97 on air carrier liability The regulation implements the 1999 Montreal Convention as it relates to liability and compensation issues for passengers travelling by air and their baggage (see summary). Note: The original regulation (before it was amended by Regulation (EC) No 889/2002) concerned European Union (EU) air carrier liabilities for death or injury to passengers […]
Obligation of air carriers to communicate passenger data This Directive requires air carriers to collect and transmit passenger data to the authorities of the Member State of destination responsible for control. Non-compliance may lead to fines being imposed and even, in the case of serious infringement, confiscation of the means of transport or withdrawal of the operating licence. Council Directive 2004/82/EC of 29 April 2004 […]
Unmanned aircraft systems – design and manufacture requirements Delegated Regulation (EU) 2019/945 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems It sets out the features and capabilities that drones (unmanned aircraft and the equipment to control it remotely) must have in order to be flown safely and aims to help foster investment and innovation in the sector. The regulation also addresses […]
Safe air navigation: Contributing to a Global Navigation Satellite System (GNSS) Agreement between the European Community, the European Space Agency and the European Organisation for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system Decision 98/434/EC concerning the Agreement between the European Community, the European Space Agency and the European Organisation for the Safety of Air […]
Civil aviation accidents and incidents Regulation (EU) No 996/2010 — investigation and prevention of accidents and incidents in civil aviation It aims to improve aviation safety by ensuring a high level of efficiency, expediency, and quality of European civil aviation safety investigations. It lays down rules concerning the timely availability of information relating to all persons and dangerous goods on board an aircraft involved in […]
Safety regulation of aerodromes Regulation (EU) No 139/2014 — requirements and administrative procedures related to aerodromes It introduces EU-wide requirements for managing, certifying and operating aerodromes*, which replace the existing national rules on aerodrome safety. Oversight of aerodromes Each EU country must designate a competent authority (or authorities): with powers and responsibilities to certify and oversee aerodromes, as well as their staff and organisations involved; […]
Air traffic flow management Regulation (EU) No 255/2010 – common rules on air traffic flow management It aims to lay down measures regarding air traffic flow management (ATFM) to optimise available capacity in the use of airspace and enhance ATFM processes. The uniform application of specific rules and procedures within the airspace of the single European sky is critical to achieve the optimum use of […]
Requirements for providers of air traffic management and air navigation services Implementing Regulation (EU) 2017/373 — common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight Implementing Regulation (EU) 2020/469 amending Regulation (EU) 2017/373 as regards requirements for air traffic management/air navigation services, design of airspace structures and data quality Implementing Regulation (EU) 2017/373, as […]
Aircrew regulation Regulation (EU) No 1178/2011 — technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 It sets out detailed rules for civil aviation aircrew in respect of the common rules on civil aviation set out in Regulation (EU) 2018/1139. Key Points The Regulation sets out detailed rules covering a number of issues: Conditions for issuing, maintaining, amending, […]
International Air Service Agreements An EU regulation provides for the negotiation and implementation of air service agreements between the member states and third countries. The regulation provides principles designed to ensure adequate exchange of information so that states in their bilateral agreements with third countries in the area of air service do not infringe EU laws. In certain cases, the negotiation of such agreements is […]
Slots EU regulation provides common rules on allocation of slots at EU airport. The purpose is to ensure an equitable and non-discriminatory equitable and transparent method of allocation where there is scarcity in the supply of spots. The regulation sets out criteria in relation to the designation of slots. The state must ensure the appointment of a coordinator or a scheduled facilitator with experience of […]
Liability of Carriers I An EU regulation provides for harmonised obligations for EU air carriers in relation to liability in the event of accidents to passengers. It applies to death, personal injury arising from incidents on board an aircraft or during embarking or disembarking operations. The liability of the carrier or air transport undertaking for damage caused to a passenger or baggage in the event […]
Security An EU regulation provides common rules for security in civil aviation. The rules apply to all airports located in the EU other than those exclusively used for military purposes. They apply to all operators and carriers providing services at these airports. It also applies to service providers within the airport. The standards cover airport security, demarcation, aircraft security, passenger and cabin baggage, hold luggage, […]
Greenhouse gas emission allowance trading and aviation Taking into account the scale and global nature of the aviation industry and its impact on the environment, the EU takes action to reduce greenhouse gas (GHG) emissions caused by aviation in Europe, whilst working with the international community through the International Civil Aviation Organisation (ICAO) to establish measures with a global reach. Directive 2008/101/EC of the European […]