Regulation 261 establishes common rules on compensation and assistance to be given to passengers in the event of cancellation or long delay. In addition, the Airport and Ground Operations Support Scheme (AGOSS) to fund certain essential payments is available to: a) a commercial airport situated within England with a valid commercial licence from no later than 27 October 2021 that operated at least 12 scheduled commercial passenger flights in 2019; and. It is also not clear how long parties must wait before being able to rely on frustration does a few months delay in being able to perform a duty render the contract impossible or must they wait longer? In most instances, the trial judge will be considered best placed to judge the facts of the case. Applicants for registration of a mortgage must complete and provide to the CAA a Form CA1577 (see www.caa.co.uk), together with a complete copy of the related aircraft mortgage deed (provided it has been certified as a true copy by the applicant). The court will serve the claim form (subject to certain exceptions, for example, where the claimant has notified the court that the claimant wishes to serve it). Subject to airport security implementing sufficiently rigorous safeguards and complying with relevant standards, it is not outside the realms of possibility that this technology could be used in a similar fashion within commercial airports and by commercial operators in the near future. If the CMA believes that a merger has resulted or may be expected to result in a substantial lessening of competition, and satisfactory undertakings cannot be agreed with the parties, the CMA will evaluate the competitive effects of the merger and may, where it believes the merger has or may result in a substantial lessening of competition in the UK market, refer the merger for an in-depth Phase 2 investigation. Under Part 1 Article 5(4) of the Air Navigation Order 2009, if an aircraft is chartered by demise to a person qualified under paragraph (1), the CAA may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in the United Kingdom in the name of the charterer by demise if it is satisfied that the aircraft may otherwise be properly registered. 2.3 Are there any particular regulatory requirements which a lessor or a financier needs to be aware of as regards aircraft operation? Regulation 261 (as incorporated into UK law via the European Union (Withdrawal) Act of 2018) provides rules concerning compensation for denied boarding and/or cancelled or delayed flights. If an exemption is sought, specific details of the drone (including photographs and schematic diagrams) should be submitted to the CAA. Current Aviation Inspection Bodies: Helideck Certification Agency (HCA) E-mail: Info@helidecks.org Telephone: +44 (0)1224 704048 Website: www.helidecks.org Safeguard Helideck Certification. Please note, if you use information and guidance under the Headings, the references to EU regulations or EU websites in our guidance will not be an . In this case, a non-EU carrier was operating services from the UK to the USA via Canada, where the passenger was to make a connection. Ipeco Holdings Limited, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, Thank you very much for sending me the above mentioned book (Litigation & Dispute Resolution). 3280, paragraph 158 (j); Lufthansa/SNAirholdings, Case COMP/M. The CAA exercises certain licensing and other powers under EU Regulations, notably in connection with operational safety and airworthiness. The CAA maintains the United Kingdom Aircraft Mortgage Register (pursuant to the Mortgaging of Aircraft Order 1972). Copyright protection applies to original works upon creation of the work, without the need for registration (copyright is not registrable in the UK). International Aviation Authorities | Federal Aviation Administration 1. What criteria apply to obtaining these subsidies? The registration fees for such priority notices vary according to the MTOW of the subject aircraft, and are currently as follows (subject to revision annually): The relevant registration fee is applied by the CAA on a per aircraft basis. Consumer rights legislation will continue to strengthen in the UK as a result of the Consumer Rights Act 2015 and the ever-present bolstering of Regulation 261, primarily by the CJEUs interpretation of the Regulation, as now clarified to an extent by the 2016 Interpretative Guidelines, but also in relation to a revision to the Regulation (which remains to be agreed). 1.10 Have there been any recent cases of note or other notable developments in your jurisdiction involving air operators and/or airports? Under the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005, the CAA is responsible for enforcement of the operators compliance with these rules; the Air Transport Users Council is the body to receive complaints. CAA works independently from government. The different services appeal to different passenger groups with varying travel needs and price sensitivities. 4.12 What powers do the relevant authorities have in relation to the late arrival and departure of flights? As at the time of writing, the airports website stated that [w]e are currently consulting with investors, government, airline customers and regulators on our next steps. Interestingly, the coronavirus pandemic is thought to have encouraged this new proposal, as there have been calls to reform air traffic management in order to make it easier to adapt traffic capacities in accordance with demand (or a lack of, as has been the case during the pandemic). The EC based their decision on the fact that the Code no longer reflects market reality and that it may be revised in the future. Article 15 of the Convention further provides for equality of charges for use of aerodromes. Subject to the limited exceptions mentioned below, there is no statutory regime of self-help rights as a matter of English law. injunctions to prevent the other side from doing something or requiring the other party to do something; possession orders to take control of an aircraft and other aviation assets; and. The PNR Directive obliges airlines to hand EU countries their passengers data in order to help the authorities fight terrorism and serious crime. CAA is a public corporation of the Department for Transport. This is an FTP system which is delivered and maintained exclusively by the Met Office. the meaning and effect of Regulation 261 is determined by reference to European case law made before 31 December 2020, but the English courts are able to depart from retained CJEU case law and general principles where they consider it appropriate to do so. All the major GDSs operate in the UK, e.g. Some of the principal pieces of domestic UK legislation are: Her Majestys (HM) Government, from time to time, appoints commissions to investigate certain aspects of the aviation industry, the most recent and highly publicised being the Airports Commission into the expansion of Londons airport capacity, which was chaired by Sir Howard Davies and issued its final report in July 2015. (d) the agreement should not eliminate effective competition. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. They had until the end of September 2021 to apply for equivalent national UK trademark protection. The UK Government requires that our costs are met entirely from charges to those we provide a service to or regulate. In June 2014, the Court of Appeal held that a technical problem is not considered to be an extraordinary circumstance under Regulation 261 and accordingly cannot be used as a basis for an airline to escape from its obligation to compensate passengers for long delays, cancellations, rerouting and/or denied boarding (Jet2.com v Huzar [2014] EWCA Civ 791). EU Regulation 376/2014 on the investigation and prevention of accidents and incidents in civil aviation. Civil Aviation (Insurance) Regulations 2005 Statutory Instrument No 1089 2005. There are a number of bodies which have the authority to regulate, administer and control civil aviation. The Transport Act 2000 requires airport operators to keep records of aircraft movements in order to facilitate the assessment and calculation of charges. The DPA 2018 repealed the UK Data Protection Act 1998 (the DPA 1998). We use some essential cookies to make this website work. Air Canada submitted that Regulation 261 was extra-territorial in effect and that the EU did not have jurisdictional competence in relation to flights taking place wholly outside the EU. Data controllers must ensure that data is processed in accordance with six data protection principles in the DPA 2018; namely that personal data is: (b) obtained only for specified, explicit and legitimate purposes; (c) adequate, relevant and not excessive for the purposes; (e) not kept for longer than is necessary; and. General aviation in the United Kingdom - Wikipedia What regulatory bodies are there? - Aviation Stack Exchange 4.8 What are the main regulatory instruments governing the acquisition, retention and use of passenger data, and what rights do passengers have in respect of their data which is held by airlines and airports? The Court of Appeal found that availability of airline crew was inherent in the airlines operations and absence for sickness, regardless of whether that occurred before or whilst on duty, did not amount to an extraordinary circumstance. Some airlines and airports are members of alternate dispute resolution bodies (ADR). CAA is the Civil Aviation Authority. If so, what are the conditions to such title annexation and can owners and financiers of engines take pre-emptive steps to mitigate the risks? The UK has a relatively low threshold of originality for a work to be considered an original work which is protected by copyright. The use of the technology was justified because South Wales Police complied with the relevant equality legislation, were processing personal data in a manner consistent with the applicable legislation and had implemented sufficient safeguards to ensure appropriate and non-arbitrary use of AFR. The AAIB reports to the CAA and other civil aviation authorities having responsibility for oversight of any aspect of the accident. Gatwick has confirmed that the second runway still forms part of its long-term recovery plans despite the impact of the coronavirus pandemic on aviation and travel and, at the time of writing, Gatwicks plans are at the stage of public consultation, which was scheduled to close on 1 December 2021. Heathrow Airport Ltd has stated that they still wish to construct the runway, despite the coronavirus pandemic and, in January 2021, the Supreme Court reversed the Court of Appeals decision that the planned expansion of Heathrow Airport was unlawful on climate change grounds, and determined that the UK Government had taken proper account of the UKs climate change commitments. Thereafter, permission may be sought directly from the appeal court. The worlds of international regulatory bodies and aviation are both full of acronyms. Much of the domestic legislation originates from European legislation, and there is no aviation-specific policy (presumably on the basis that there are a number of contributors to poor air quality). Role of regulatory bodies, in relation to aviation: role of regulatory bodies (to establish the rules and regulations that govern the industry, to promulgate rules and regulations and to ensure compliance with rules and regulations) International Civil Aviation Organization (ICAO) Civil Aviation Authority (CAA) UK Border Force National Air . A request for permission to appeal can (and if appeal is to be sought, should) be made to the lower court at the hearing at which the decision to be appealed is made. No. Under current legislation, policy formation in route and air transport licensing is the responsibility of the CAA, although the Secretary of State retains specified powers both of direction and of guidance. The initiative, based on feedback from passengers, is "designed to encourage, and recognize the airline's 13 million frequent flyers for doing things like offsetting their flights, staying in eco-hotels, walking to work, and installing solar panels at home". The data controller must notify the relevant authority without undue delay and, where feasible, not later than 72 hours after having become aware of it. Regulatory Bodies interviewed, both here and overseas, were generous in their involvement. Finally, and notwithstanding the foregoing, it is important to acknowledge that Brexit has granted the UK some autonomy to apply its own rules and regulations independent of the EC. There is no minimum period for which controllers must hold personal information; rather, they must securely delete personal data when that personal data is no longer necessary for the purposes for which it was collected. The Civil Aviation Act 1982 and the Air Navigation Order 2009 stipulate that where an aerodrome is open for public use, the aerodrome must be available to all, on equal terms, whether they are foreign or domestic carriers. They are licensed and regulated by the CAA. The definition of a serious irregularity includes exceeding the arbitrators powers, failure to comply with the general duties imposed on the arbitrator or failure to deal with all the issues. The initiative, which was launched in 2004, seeks to improve the European air traffic management system in order to reform the European airspace, from a perspective of capacity, efficiency and environmental impact. Further guidance on the requirements for registration of aircraft on the United Kingdom Register of Civil Aircraft is available at www.caa.co.uk. A failure to do so can incur a fine of up to 1,000. DEFRA has the overall responsibility for ensuring local air quality meets European and international standards. and the pilot intends to record in an area where people are (except a public area), the group of people must be informed prior to recording commencing; the drone must not be flown within 50m of people, vehicles, buildings or vessels or within 150m of a congested area or any large group of people such as a concert or sporting event; and is intended to be utilised for commercial purposes, permission must first be obtained from the CAA. PDF UK Approach to Recreational General Aviation Safety Leases and other charges not constituting in rem rights in a G-registered aircraft (such as mortgages) cannot be registered, and there is no separate register maintained by the CAA for the registration of ownership rights in engines or parts. international standards developed by ICAO, such as and including ICAOs Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA); legislation from the EC, although following expiry of the Brexit transition period a new UK Emissions Trading System (UK ETS) came into force replacing the UKs participation in the EU ETS such that both now have relevance to aviation operations in the UK; national legislation from Parliament and administered by government departments such as the Department for Trade, the Department for the Environment, Food and Rural Affairs (DEFRA), and the Department for Energy and Climate Change. (g) firms carrying on business in Scotland; in this sub-paragraph firm has the same meaning as in the Partnership Act 1890 (c39). Today, 191 states worldwide are members of ICAO. It provides a very useful overview on civil procedure in a wide range of countries (not only the usual suspects as England, US, France and Germany, but many more). For more information, please read our cookie policy. The Secretary of State has statutory powers relating to aviation security (see, for example, the Aviation and Maritime Security Act 1990). Since 2003, EASA is responsible for the certification of aircraft in the EU and for some European non-EU Countries. This exception does not apply if the merger parties notified the acquisition by submitting a merger notice. 2.2 Is there a register of aircraft mortgages and charges? To register aircraft on the United Kingdom Register of Civil Aircraft, a Form CA1 (see www.caa.co.uk) is submitted either by the owner or by the so-called charterer by demise (by virtue of a relevant loan, lease, hire or hire purchase) eligible to register in accordance with the Air Navigation Order 2009 [see Endnote 1]. It may be necessary for the claimant to obtain the courts permission in certain circumstances, e.g., where no agent for service of process is appointed, to serve a claim form on a defendant located outside the courts jurisdiction. the CAA for unpaid airport and air navigation charges, the UK Environment Agency for unpaid penalties under the European Emissions Trading Scheme, and HM Revenue & Customs in respect of unpaid taxes). Issues regarding payment entirely depend on the drafting of the clause. Civil Aviation Authority In practice, this is not a commonly used doctrine as there is a very high threshold to prove it. 1.11 Are there any specifically environment-related obligations or risks for aircraft owners, airlines, financiers, or airports in your jurisdiction, and to what extent is your jurisdiction a participant in (a) the EU Emissions Trading System (EU ETS) or a national equivalent, and (b) ICAOs Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)? A joint venture between airline competitors would, therefore, have to satisfy the four exemption criteria of section 9 CA 1998 and (save for where such venture relates to exclusively UK routes or operations) Article 101(3) TFEU. In February 2011, the EC also opened an investigation on the codeshare arrangement between Brussels Airlines and TAP Air Portugal, which is still ongoing. Airlines must ensure that a clearly legible and visible notice containing prescribed wording is displayed to passengers at check-in, and must provide passengers affected by denied boarding with a notice setting out the rules for compensation. The principal legislation relating to investigation of air accidents includes: The AAIB has the power to require the detention and preservation of evidence, and has powers of enquiry. The United Kingdom was a signatory to the Geneva Convention in 1948 but has not ratified it. (3) Drones weighing more than 20kg must comply with all rules within the ANO as if they are a manned aircraft, subject to any exemptions from the CAA. As a public-private partnership the UK government holds 49% and a golden share, with 42% held by the Airline Group, 5% by NATS staff, and 4% by UK airport operator LHR Airports Ltd. [7] Operations [ edit] In 2019 NATS handled 2.54m flights. Civil proceedings for damages or a specified sum may not be started in the High Court unless the value of the claim exceeds 100,000; if not, proceedings should be started in the County Court. 2.7 How are the Conventions applied in your jurisdiction? The standby runway would not be lengthened so it could not be used for long-haul flights, according to the plan. Civil aviation authority - Wikipedia The limits of liability for air carriers pursuant to the Montreal Convention have been subsequently amended by way of the Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2009. Airports have a responsibility for managing the noise impact of aircraft. 4.15 What global distribution suppliers (GDSs) operate in your jurisdiction? You have accepted additional cookies. The CAA regulates all aspects of the aviation industry. 4.2 How do the competition authorities in your jurisdiction determine the relevant market for the purposes of mergers and acquisitions? It does allow the exercise of extant (or existing) rights to repossess chattels such as aircraft and aviation assets without the need for a court order, however there are conditions to that and a person seeking to exercise rights on this basis can only do so peaceably and lawfully. Given the pace at which AI technology is developing, it is feasible that it may begin to be implemented by airlines and airport operators commercially within the next few years to streamline parts of the passenger experience; for instance, scanning passengers through departures to their designated seats. In the Alitalia/Volare case, the Italian Competition Authority considered the codeshare agreement restrictive but the decision was reversed by the court (both first instance and second instance), and in the Alitalia/Minerva case, the Authority considered the codeshare agreement not to be restrictive. This avoids additional administrative hurdles resulting from the ratification of the CTC, but at the same time means that it is not possible to register such pre-existing interests. This includes what is intended to happen with the aircraft or aviation asset following a default by the lessee, and there is little prospect of a lessee successfully arguing that it has inadvertently obtained an interest in the property of a third party. A relevant merger situation under the UK merger rules arises where: With the exception of special cases of mergers involving newspapers, broadcasters or water companies, there is no obligation to notify proposed or completed mergers. b) a ground handing company providing, as its primary function, any of the handling services listed in EU Directive 96/67/EC directly to an airport user for scheduled commercial flights at a commercial airport in England for a site or sites located in England. The general competition rules (principally those contained in the CA 1998 and closely modelled on Articles 101 and 102 TFEU) apply fully to aviation as they do to other sectors. The DPA 2018 further sets out derogations and exemptions to the GDPR that will apply in the UK. 1.4 Is air safety regulated separately for commercial, cargo and private carriers? where the value of the turnover in the UK of the enterprise being taken over exceeds 70 million. The CTC is effective in the United Kingdom but will not be applied retrospectively, i.e. The fine was originally set to be 183 million, but was reduced by 150 million as the ICO undertook further research into the events leading to the data attack, and attributed less blame to British Airways than had initially been done. Regulators include bodies to which regulatory functions have been delegated, where the delegation is authorised by legislation and irrespective of whether the regulator is specified in the. The Directive was approved by Parliament as a whole on 14 April 2016 and by the Council of the EU on 21 April 2016. In general terms, there are both (for historical reasons) legal and equitable remedies, and the following may be available: 3.6 Are there any rights of appeal to the courts from the decision of a court or arbitral tribunal and, if so, in what circumstances do these rights arise? The Court held that the claimant was entitled to compensation. The definition of qualifying aircraft was narrowed in January 2011 to bring the United Kingdom more in line with the rest of Europe. Civil Aviation Authority - GOV.UK It is also worth being mindful of the role that Artificial Intelligence (AI) may play in the future of the aviation industry. The CAA was established in 1972, under the terms of the Civil Aviation Act 1971, following the recommendations of a government committee chaired by Sir Ronald Edwards. To an alternate dispute resolution (ADR) body If the airline or airport does not have an agreement with an ADR, you can refer your complaint to the CAA Or take direct legal action For a visual representation of this process, see our process diagram. The Court went on to state that Regulation 261 takes effect in English law (as amended by the changes to Regulation 261 by the Air Passenger Rights and Air Travel Organisers Licensing (Amendment) (EU Exit) Regulations 2019) as follows: In Varano v Air Canada [2021] EWHC 1336 (QB), the High Court looked at the issue of delays to connecting flights, and the obligations of non-Community carriers where operations outside the EU are disrupted. If the clause does not explicitly address costs being recoverable in the occurrence of a triggering event, the general common law position is that costs are not recoverable. The UK is a party to the Chicago Convention 1944. More complex or valuable cases will be heard in the Chancery Division of the High Court. You can change your cookie settings at any time. In October 2018, London Gatwick, the UKs second-busiest airport, published proposals to move its standby runway to use it for short-haul flights by the mid-2020s. Commercial claims (see below) should be pursued in the Commercial Court of the Queens Bench Division of the High Court, or in the County Court. The AAIB is an independent part of the Department for Transport. As part of the application procedure, the CAA may request additional information in order to process an application for registration (for example, a certified copy of a bill of sale evidencing the ownership of the aircraft to be registered). It is worth noting that, although it does not change any relevant provisions of English law as regards the creation of in rem security interests generally, that law will not apply to determine whether an international interest under the CTC is validly created. (f) protected by ensuring that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of the personal data, as well as against accidental loss or destruction of, or damage to, personal data. Civil Aviation Authority Regulations 1991 Statutory Instrument No 1672 1991. 4.1 How does your jurisdiction approach and regulate joint ventures between airline competitors? They are privately owned. It published the Joint Aviation Requirements (JAR), to create minimum standards across agencies. Pursuant to the UK domestic legislation the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 the CAA is empowered to pursue enforcement proceedings against an airline for non-compliance with the European rules.