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Certification of Aerodromes

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Law and Regulation of Aerodromes

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Abstract

The certification of aerodromes is governed by Annex 14 to the Chicago Convention, in Volume 1 which states that States are required to certify aerodromes used for international operations in accordance with the specifications laid out in the Annex as well as “other relevant ICAO specifications” (my emphasis) through an appropriate regulatory framework. The Annex goes on to recommend that States should certify aerodromes open to public use in accordance with the specifications laid out in the Annex as well as other relevant ICAO specifications through an appropriate framework. The certification process that States should carry out is to be in accordance with an aerodrome manual which would contain information on the aerodrome site, services, equipment, operating procedures, organization and management including a safety management system, and such manual has to be subject to an approval process prior to the certification of an aerodrome.

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Notes

  1. 1.

    Annex 14 to the Convention on in International Civil Aviation (2013). Standard 1.4.1.

  2. 2.

    Id. Recommendation 1.4.2.

  3. 3.

    Id. Standard 1.4.4.

  4. 4.

    DGCA:2006.1—Management of Aviation Safety, Presented by Canada, DGCA/06-WP/15, at 2.

  5. 5.

    Implementation of Safety Management Systems (SMS in States, Presented by the ICAO Secretariat, DGCA/06-WP/6, 9/01/06, at 1 and 2.

  6. 6.

    Safety Management System Concept, DGCA/06-WP/12 at 2.

  7. 7.

    2011 State of Global Safety, ICAO: Montreal, 2012 at 4.

  8. 8.

    Annex 19 to the Convention on International Civil Aviation—Safety Management, First Edition: 2013, Standard 3.1.1.

  9. 9.

    Id. Standard 3.1.3.

  10. 10.

    Article 12 stipulates that each contracting State is required to insure that every aircraft flying over or manoeuvring within its territory and that every aircraft carrying its nationality mark, wherever that aircraft might be, shall comply with the rules and regulations relating to flight and manoeuvre applicable there. It also provides that each Contracting States should keep its regulations consistent with the principles of the Chicago Convention. Over the high seas the rules will be as established under the Convention and States undertake, under Article 12, to prosecute any offender who does not adhere to these principles. Articles 30 and 31 refer to the need for aircraft to carry radio equipment as required and be issued with certificates of airworthiness by the State of Registry, respectively. Article 32 a) requires the pilot and other members of the crew to be provided with certificates of competency and licenses issued by the State of Registry.

  11. 11.

    Doc 9774—AN/969, First Edition—2001.

  12. 12.

    Id., paragraph 11.2.

  13. 13.

    Id., paragraph 1.2.2.

  14. 14.

    Id., Section B Aerodrome Certification, 1.

  15. 15.

    Id., paragraph 5.2.3.1. a).

  16. 16.

    Id., paragraph 5.2.3.1. b).

  17. 17.

    Id., paragraph 3D.6.1.

  18. 18.

    Id., paragraph 5.5.4. a).

  19. 19.

    Id., paragraph 5.5.4. b).

  20. 20.

    See Borrell (2009).

  21. 21.

    For more instances of bird strikes see http://www.skybrary.aero/index.php/Accident_and_Serious_Incident_Reports:_BS.

  22. 22.

    For a detailed discussion on bird population trends and their impact on aviation see Maragakis (2009).

  23. 23.

    See http://www.birdstrike.org/commlink/top_ten.htm at p. 3.

  24. 24.

    Annex 14 supra, Recommandation 9.4.1 a).

  25. 25.

    Annex 14, Recommendation 9.4.3.

  26. 26.

    Recommendation 9.4.4.

  27. 27.

    Airport Services Manual, Doc 9137 AN/598 Part 3, Third Edition, 1991.

  28. 28.

    Dolbeer (2006), at 5.

  29. 29.

    Ibid. Transport Canada defines a runway incursion as any occurrence at an aerodrome involving the unauthorized or unplanned presence of an aircraft, vehicle or person on the protected area of a surface designed for aircraft landings and departures. See http://www.tc.gc.ca/eng/civilaviation/publications/tp185-1-02-292-536.htm.

  30. 30.

    Manual for Prevention of Runway Incursions, Doc 9870 First Edition, 2007 in Chap. 1 at 6-3.

  31. 31.

    Dean Chamberlain (1999), pp. 9–12, continued at 25, at 9.

  32. 32.

    http://www.skybrary.aero/index.php/Runway_Excursion.

  33. 33.

    MK Airlines Crash B-747 Halifax Excerpts Final Report, Aviation Investigation Report A04H0004, Halifax International Airport, 14 October 2004 at 6. The Report is available at http://www.wiloo.be/mk_airlines_final_report_crash_halifax.htm.

  34. 34.

    Aviation Investigation Report A05H0002, Runway Overrun and Fire; Air France Airbus A 340-313 F-GLZQ, Toronto Lester B. Pearson International Airport, Ontario, 02 August 2005 at 82.

  35. 35.

    Id. p. 120.

  36. 36.

    Id. p. 119.

  37. 37.

    Id. pp. 121–123.

  38. 38.

    Socíeté Air France et al. v. GTAA et al. Court File No 07-337564 PD3.

  39. 39.

    Hussain Abdulrahim et al. v. Air France et al. Court File No. 05-CV-294746 CP.

  40. 40.

    Greater Toronto Airport Authority v. Air France et al. Court File No. 07-CV-337545 PD2.

  41. 41.

    Strugarova et al. v. Air France et al. Court File No. 07-CV-336943 PD2.

  42. 42.

    http://www.boeing.com/commercial/aeromagazine/aero_01/textonly/s01txt.html. The resulting damage is estimated to cost the aerospace industry $4 billion a year. Airports, airlines, and airport tenants can reduce this cost by taking steps to prevent airport FOD.

  43. 43.

    Accident on 25 July 2000 at La Patted’Oie in Gonesse (95) to the Concorde Registered F-BTSC Operated by Air France, Report Translation f-SC000725a.

  44. 44.

    Annex 14 Aerodromes Volume 1, Aerodrome Design and Operations, Fifth Edition, July 2009, Standard 10.2.1.

  45. 45.

    Id. Standard 10.2.8.

  46. 46.

    Airport Services Manual, First Edition, 1984, Part 9.

  47. 47.

    Id., paragraph 4.5.1.

  48. 48.

    Id. Paragraph 4.5.2.

  49. 49.

    Id. Paragraphs 4.7.1–4.7.33.

  50. 50.

    The control tower manager at Chicago O’Hare International Airport (KORD) published an airport notice effective August 19 that reminds pilots of locations where tower controllers are unable to see their aircraft after a “line up and wait” instruction is issued.

  51. 51.

    In July 2011, Delta Flight 266, a Boeing 767, was taxiing for departure at about 7:40 p.m., when the left wing hit the Canadair Regional Jet 900, which had 74 passengers and 3 crew members aboard. There were 204 passengers and 11 crew on the flight to Amsterdam. The planes were on taxiways that run nearly perpendicular to each other. The larger plane was moving; the Atlantic Southeast flight was stationary. The Atlantic Southeast flight was operated by Delta. No one was injured.

  52. 52.

    El Al Flight 324 was preparing to depart from CDG for a scheduled flight to Tel Aviv.

  53. 53.

    Infra, note 59 at 50–52.

  54. 54.

    These specifications are identified and laid out in Sect. 2.4.1 of the Aerodrome Design Manual, Sect. 2.4.2.

  55. 55.

    Airport Services Manual, Part 8—Airport Operational Services, First Edition: 1983, Chapter 3.

  56. 56.

    A professional pilot is a person who engages in such flying as makes it necessary that he or she holds a valid airline transport pilot’s license (ATPL).

  57. 57.

    Van Nakagawara et al. (2006a), at 1. Pilots often need sunglasses when flying during daylight hours. Tinted lenses can reduce glare, visual fatigue, and dark adaptation problems later in the flight. However, sunglasses can compromise the read-ability of aircraft instruments and other aviation materials, such as charts and maps, inside the cock-pit. A 2001 study by the FAA found that improper use or not using sunglasses contributed to one aviation accident and six incidents. See by the same authors Van Nakagawara et al. (2006b), at p. 4.

  58. 58.

    Van Nakagawara et al. (2006a), at 3.

  59. 59.

    National Transportation Safety Board (2006), at Executive Summary.

  60. 60.

    Jensen and Benel (1977). See also, Murray (1997), at 83–100, at p. 84.

  61. 61.

    Diehl (1990).

  62. 62.

    See Annex 6 to the Convention on International Civil Aviation signed in Chicago on 7 December 1944 Para 4.5.1. Popularly called the Chicago Convention, this Convention sets out universal principles governing international civil aviation and came into effect on 4 April 1947.

  63. 63.

    See The British Air Navigation Order (1985) Article 32, which states, inter alia:

    The Commander of an aircraft registered in the United Kingdom shall satisfy himself before the aircraft takes off -

    1. a)

      that the flight can safely be made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

    See also generally, U.S. Federal Aviation Regulations FAR 91.3 (a), Australian Air Navigation Regulations, Regulation 219 and New Zealand Civil Aviation Regulations (1953), Regulation 59.

  64. 64.

    See Price (1976a) at pp. 238–239. See also generally the findings of the New Zealand Royal Commission of Inquiry into the 1979 Aft. Erebus DCIO Disaster.

  65. 65.

    See Matte (1975) at 34. See also Escalada (1979) at 2l0–211, Speiser and Krause (1978), p. 473.

  66. 66.

    Burridge (1977), p. 206.

  67. 67.

    See Hopkins (1977) at 203. See also generally, Escalada (1979) op.cit. at 210; Van Wijk (1975–1976), 301 at 302.

  68. 68.

    See Matte (1975), Supra note 38, at 34.

  69. 69.

    Price (1976b), 67 at 72–73. See also generally, Kolczvnski (1985), 1 at 4.

  70. 70.

    See generally Shawcross and Beaumont, Air Law (4 ed. reissue) at V/86–V/90. The concept of negligence will be discussed at some length later in this Chapter.

  71. 71.

    See Edwards (1977), 209 at 211.

  72. 72.

    Burridge (1977), supra note 39, at 208.

  73. 73.

    See M’Allister(Donoghue) v. Stevenson 1932 AC 562.

  74. 74.

    Bolam v. Friern Hospital Management Committee (1957) 2 All.E.R. 118 at 121. See also Phillips v. Whiteley (1938) 1 K.B. 566. at 570.

  75. 75.

    The Bywell Castle (1879) 4 P.D. 219 at 226.

  76. 76.

    (1976) IRLR 420.

  77. 77.

    Id. 423. See also generally, Australian National Airlines Commission v. The Commonwealth of Australia and Canadian Pacific, Airlines (I 974–975) 132 CLR 582.

  78. 78.

    See (1978@) IRLR 82 CA; Air Law, 1978, p. 49.

  79. 79.

    See Shawcross and Beaumont, Air Law, supra note 52, at v/84.

  80. 80.

    See Palsgraf v. Long Island R.R. Co (1928) 284 N.Y. 339. See also, Le Lievre v. Gould (1893) 1 Q.B. 491, Bourhill v. Young (1943) A.C. 92.

  81. 81.

    See Vaugban v. Menlove (1837) 3 Bing. N.C. 468.

  82. 82.

    See Daly v. Liverpool Corporation (1939) 2 All.E.R. 142 at 144, Wbiteford v. Hunter (1950) W.N. 533, Randall v. Tarrant (1955) 1 W.L.R. 255 at 259, Bolam v. Friern Hospital Management Committee (1957) 2 All E.R. 118 at 120, and Wells v. Cooper (1958) 2.Q.B. 265.

  83. 83.

    See Bolam v. Friern Hospital Management Committee (1957) 2 All E.R. 118 at 121. See also generally, Phillips v. William Whiteley Ltd (I 938) 1 K.B. 566 at 569.

  84. 84.

    Steinbock v. Schiewe 330 F. 2d 510 (1964) at 512.

  85. 85.

    United States v. Vigderman 194 F. 2d 977, affirmed in appeal in Vigderman v United States 175. F. Supp. 802 at 807.

  86. 86.

    Vigderman v. United States id. 807–808.

  87. 87.

    Id. 810.

  88. 88.

    Ibid.

  89. 89.

    Supra note. 76.

  90. 90.

    Steinbock v. Scbiewe, note 36 in Chap. 1, also, Keenan v. Martin, 13 Avi 18,037 (N.Y. 1975).

  91. 91.

    Union Trust Co v. Eastern Airlines 211 F. 2d. 62.

  92. 92.

    Herrick and Olsen v. Curtiss Flving Service Inc. (I 932) US Av 110 (NY).

  93. 93.

    See Nichols v. Jones 260 So 2d 748 (La. 1972). See also Israel v. U.S. 247 F 2d 426 (2nd Circ., 1957), Robart v. Brehmer 207 P 2d 898 (Cal. 19491).

  94. 94.

    Hovden v. Boyle 254 P 2d 813 (Kan., 1953).

  95. 95.

    (1994) 3 All E.R. 79.

  96. 96.

    (1981) 1 All E.R. 961.

  97. 97.

    Ibid. at 966.

  98. 98.

    See Smith and Hogan (1992), at 92.

  99. 99.

    Ibid.

  100. 100.

    For a detailed account of the case, see, Bennun (1995–1996), 331 at 341.

  101. 101.

    City of Sydney Planning Proposal, Sydney Local Environmental Plan 2010 produced in March 2012 at 26.

  102. 102.

    See Airport Services Manual, Part 6—Control of Obstacles, Doc 9137—AN/898, at 2.2.4.

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    Ruwantissa Abeyratne

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Abeyratne, R. (2014). Certification of Aerodromes. In: Law and Regulation of Aerodromes. Springer, Cham. https://doi.org/10.1007/978-3-319-04780-5_2

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