Abstract
Inasmuch as judicial review of administrative action in pursuance of the implementation of rules is importance so is the interpretation given to rules by the judiciary. In the Skylink Airways case the court was requested to determine Section 41102 of Title 49 of The United States Code (The Transportation Code) in the context of whether Skylink Airways (a non operating company incorporated in the State of Delaware), which had applied for an air operator’s certificate was “fit, wiling and able to provide interstate and foreign air transportation for persons and freight the court went into the tripartite test used by the Department of Transportation (DoT) to ascertain the requirements of the rule. The test comprised the elements: whether the applicant had the managerial skills and technical ability to conduct the proposed operations; whether it had resources sufficient to commence and conduct such operations; and whether the applicant would comply with the Transportation Code and regulations imposed by Federal and State Agencies.
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Notes
- 1.
Order No. 2005-1-1. See Larson et al. (2006), pp. 176–181.
- 2.
Order No 2004-5-10, id. 189.
- 3.
572 F.2d 913 (2d Cir. 1978).
- 4.
Convention on the Unification of Certain Rules Pertaining to International Carriage by Air signed at Warsaw on 10 October 1929.
- 5.
Supra, note 3, at 921.
- 6.
Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999).
- 7.
Husserl v. Swiss Air Transport Co. Ltd. Op cit. See also, People of the State of Illinois v. Gilberto 383 NE 2d 977.
- 8.
Day v. Trans World Airlines Inc. 528 F 2d. 31 (2nd Circ. 1975); Evangelinos v. Trans World Airlines Inc.. 550 F2d 152 (2d. Circ. 1977); Leppo v. Trans World Airlines Inc.392 NYS 2d 660 (AD 1977); Rolnick v. El Al Israel Airlines Ltd.551 Supp. 261 (EDNY 1982).
- 9.
Cunningham (2008), available at http://works.bepress.com/mckay_cunningham/1.
- 10.
(1999) 56 F Supp 2d 1190.
- 11.
(2000) 27 Avi 18,428.
- 12.
ICAO Manual on the Regulation of International Air Transport (Doc 9626).
- 13.
Id. Sect. 5.3.1.
- 14.
It was reported in The Guardian that the flight between London and Sydney had to make an additional stop at Stansted airport in Essex to top up. The additional stop was expected to add around 90 min to the long journey to Australia via Bangkok. South African Airways, which operated from Heathrow to Johannesburg and Cape Town, said it expected one of its evening flights to have to make a refuelling stop. The airline added: “With a loss of one-third of the total fuel supplied to Heathrow, early indications suggest that the restrictions could run into a period of weeks if not months.” See https://www.theguardian.com/business/2005/dec/16/buncefieldfueldepotfire2005.theairlineindustry.
- 15.
- 16.
Doc 9908.
- 17.
See Abeyratne (2009), pp. 39–46.
- 18.
Steer Davies Gleave, Airport charges: regulation with teeth, http://airlines.iata.org/analysis/airport-charges-regulation-with-teeth.
- 19.
Ibid.
- 20.
IATA Economic Briefing February 2014 Economic Benefits of Moving to Market Based Pricing of Jet Fuel for Saudi Arabia, at http://www.iata.org/whatwedo/Documents/economics/SaudiIimpactMktJetPrice.pdf.
References
Abeyratne R (2009) The ICAO conference on the economics of airports and air navigation services. Air Space Law XXXIV(1):39–46
Cunningham M (2008) The Montreal Convention: Can Passengers Finally Recover For Mental Injuries? Phoenix School of Law, From Selected Works of McKay Cunningham. Available at http://works.bepress.com/mckay_cunningham/1
Larson PB, Sweeney JC, Gillick JE (2006) Aviation law, cases and related sources. Transnational, New York, pp 176–181
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Abeyratne, R. (2016). Interpretation of Air Transport Rules, Treaties and Guidance Material. In: Rulemaking in Air Transport. Springer, Cham. https://doi.org/10.1007/978-3-319-44657-8_6
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