AVA20009_Notes

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Aviation political Framework and Regulation ICAO Establishment of Civil Aviation -First heavier-than-air flight 110 years ago -First International flight was the crossing of the English Channel by Bleriot in 1909 -International Conference on Air Law convened by France in 1910 in Paris attended by 18 European States -WW1 led to a rapid advancement in aviation development for “good and evil” -Aviation was a subject of the Paris Peace Conference of 1919 and aviation matters were entrusted to a special Aeronautical Commission -Civil air transport commenced in many countries after the war due to an abundance of equipment and trained aviators. -1919 first west to east crossing of the Atlantic by Allcock and Brown and a British airship flew Scotland to New York and return -International Air Convention signed by 26 of the 32 Allied Powers and finally ratified by 38 States -The Convention dealt with technical, operational and organisational aspects of civil aviation -International Commission for Air Navigation (ICAN) was created to monitor developments and to propose measures to account for aviation developments. ICAN took over all the principles formulated in 1910 in Paris. -Permanent Secretariat established in 1922 in Paris. - In 1929 the WARSAW Convention was signed. This related primarily to the carriage of passengers, in particular the issue of tickets and baggage checks, and the limitations on financial liability of carriers. Following Years -Continuous growth in civil aviation in both technical and commercial areas -Technical advances during WW2 were very rapid – aircraft speeds, range, carrying capacities. Quarter of a century normal development in 6 years -Large numbers of people and goods transported over long distances and ground facilities developed. -1943 US initiated studies of post-War civil aviation problems to ensure aviation development could continue in an orderly way. -Invitations sent to 55 Allied and neutral States to meet in Chicago in Nov 1944 -Met for 5 weeks to consider the problems of civil aviation. -Outcome was the Convention on International Civil Aviation (Chicago Convention). Agreement was reached on certain principles in order that International civil aviation would be developed in a safe and orderly manner. The objectives of the convention were Economic and Technical. Economic Objectives:  Promote freedom of airspace to nations and airlines  Develop procedures for determining fares, schedules capacities, etc.  Simplification of customs and entry documentation Technical Objectives:  Setting technical standards

 Planning and development of navigational services and facilities  Standardisation of communications -Administration of the Principles is charged to ICAO. -96 Articles were determined that  Established privileges and restrictions of all Contracting States  Adoption of International Standards and Recommended Practices  Recommended installation of navigation facilities  Each State has sovereignty over its own airspace  No flight over another States territory without consent -“International Air Services Transit Agreement” and “International Air Transport Agreement” set up the mechanism for the exchange of commercial rights in International civil aviation. -Provisional ICAO formed and ICAO established on 4 April 1947. Montreal was chosen as its headquarters As at June 2002 there were 188 Contracting States October 1947 agreement was concluded between ICAO and UN for status as Specialised Agency -Other Specialised Agencies include  International Maritime Agency  International Telecommunications Union  World Meteorological Organisation  World Health Organisation  Universal Postal Union  International Labour Organisation Aims of ICAO To develop principles and techniques and foster planning and development of International civil aviation to;  Ensure safe and orderly growth of international Civil Aviation  Encourage aircraft design and operation for peaceful purposes  Encourage development of airways, airports and air navigation facilities  Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport  Prevent economic waste caused by caused by unreasonable competition  Ensure the rights of Contracting States are respected and every State has a fair opportunity to operate International airlines  Avoid discrimination between States on charges for international aviation  Promote safety of flight  Develop all aspects of international civil aeronautics ICAO Structure Assembly  Meets at least once every 3 years  Each Contracting State has one vote  Decisions taken to majority votes cast  Decisions given to other bodies of ICAO for their future work Council  Permanent body elected by the Council for a 3 year term  Adequate representation given to States of Chief Importance in Air Transport  Large contribution to provision of facilities  Geographic representation Committees  Air Navigation Committee

 Air Transport Committee  Legal Committee  Joint Support of Air Navigation Services  Finance Committee  Unlawful Interference Committee  Personnel Committee  Technical Cooperation Committee - Major Duty of the Council is to adopt International Standards and recommended Practices - Council may act as an arbiter between the States - International Air Transport Association (IATA), Airports Council International,, International Federation of Airline Pilots Associations, and World Tourism Organisation are some of the bodies represented as observers at many of the meetings of ICAO bodies. - Since 1947 the main achievement of ICAO has been agreement of Contracting States on the necessary level of standardisation for safe, regular and efficient operation of International civil aviation – including aircraft, aircrew, ground based facilities and services. ICAO Annexes - International standardisation is achieved through the creation of Annexes to the Convention. We will discuss Annex 11 in further detail later in the semester. The main part of each Annex is International Standards and Recommended Practices. There are 18 Annexes and 17 relate to air navigation Annex 1 Personnel Licensing Flight crews, air traffic controllers and aircraft maintenance personnel Annex 2 Rules of the Air Rules relating to the conduct of visual and instrument flight Annex 3 Meteorological Service for International Air Navigation Provision of met services for international air navigation Annex 4 Aeronautical Charts Annex 5 Units of Measurement Used in Air and ground Operations Annex 6 Operation of Aircraft Specifications which will ensure that compliant operations throughout the world provide a level of safety above a prescribed minimum. Part 1 International Commercial Air Transport International General Aviation – Aeroplanes Intentional Operations - Helicopters Annex 7 Aircraft Nationality and Registration Marks Annex 8 Airworthiness of Aircraft Certification and inspection of aircraft according to uniform procedures Annex 9 Facilitation Specifications for expediting the entry and departure of aircraft, people, cargo etc at international airports

Annex 10 Aeronautical Telecommunications Standardisation of communications Annex 11 Air Traffic Services Establishment and operation of air traffic control, flight information and alerting services Annex 12 Search and Rescue Organisation and operation of facilities and service necessary for search and rescue. Annex 13 Aircraft Accident Investigation Uniformity in the notification, investigation of and reporting on aircraft accidents. Annex 14 Aerodromes Specification for the design and operation of aerodromes and heliports Annex 15 Aeronautical Information Services Methods for the collection and dissemination of aeronautical information required for flight operations. Annex 16 Environmental Protection Aircraft noise certification Noise Monitoring Land Use Planning Aircraft engine emissions Annex 17 Security – Safeguarding International Civil Aviation against Acts of Unlawful Interference Annex 18 The Safe Transport of Dangerous Goods by Air Standards – uniform application is necessary for safety or regularity of civil air navigation Recommended Practice – uniform application is desirable in the intersets of safety, regularity of efficiency of civil aviation. A significant achievement of ICAO has been the development of a satellite based navigation system (CNS/ATM) to be discussed in Week 3 ICAO Regional Offices Seven Regional Offices are maintained by ICAO – Bangkok, Cairo, Dakar, Lima, Mexico City, Nairobi and Paris. Each one is accredited to a geographic group of Contracting States. The Asia Pacific Office was first established in Melbourne in 1948 and began operating from Bangkok in 1955 to take advantage of geographical location. Regional Planning Groups have been established by the Council to ensure continuity in planning processes

Aviation Safety Regulation in Australia The Civil Aviation Safety Authority (CASA), Airservices Australia and the Department of Transport and Regional Services constitute a tripartite structure for providing safe aviation in Australia. Each has separate and quite distinct functions, working together as an integrated system. CASA The Government’s Vision - An improving trends in accident and incident rates - A modernised certification system to encourage Australian aircraft manufacturers - A simple to follow, internationally harmonised regulatory system to encourage Australian industry to compete in overseas markets CASA must - Engender public confidence - Focus efforts on fare-paying passengers - Apply nationally-consistent enforcement of regulations - Apply procedural fairness - Share information with the aviation community - Have a transparent, consultative approach - Education aimed at accident prevention - Seek higher safety standards and anticipate and respond to emerging safety issues In November 2002 the Minister announced a decision to restructure CASA. In July 2003 the Board of CASA was abolished and the Director of Aviation Safety redesignated as CEO. An Air Standards Advisory Body was to be established to complete the reform of aviation safety regulations. In July 2009 the Board was re-established. The new CEO (2002) and Director (2009) indicated that a different, more efficient approach will be made to the reform of the aviation safety regulations. Debate still continues, and in 2014 the Government has established a review of Aviation Safety Regulation (Aviation Safety Regulation Review) to examine the suitability and application of the regulatory regime in Australia. A subtext is whether CASA is acting according to its CHARTER. CASA CHARTER “We are well aware that our actions and decisions can affect people’s lives and businesses, and we accept our responsibility to give service on a professional basis, and with courtesy and consideration. An important feature of the revised Charter is an improved complaints handling process. Of course, CASA is a regulator as well as a service provider and our business is safety. For CASA, good service is important but it cannot mean ‘the client is always right’. We cannot always give people the answers they would like to hear or enable them to do the things they would like to do. And our priorities will not always be the same as those of the people we are dealing with. But our approach will be ‘why not’ rather than ‘why’. Our aim is to be a good regulator. What that means was well set out in the Minister’s 2003 Charter Letter to CASA: ‘A good regulator will communicate and consult extensively with stakeholders. Its decisions will be consistent and predictable, based on transparent processes. A good regulator will demonstrate fairness, good

judgement, and be flexible and responsive to the changing environment in which the aviation industry operates. It will be effective, efficient and timely in its operations and it will be accountable for its actions. In the provision of regulatory services CASA must provide a high level of client service and treat clients with consideration and courtesy. Finally, it will be independent, enforcing civil aviation regulations, as it deems appropriate, while bearing in mind these expected standards of behaviour.” Many in the Industry (particularly in the General Aviation Sector) argue that CASA is not fulfilling its charter, but rather is unsympathetic, inconsistent and ruthless in the application of the Regulations. This is critical to low-margin small operators. Complaints refer to:  Arbitrary decisions, inconsistent from one region to another,  Strict Liability offences  High cost of services  Rigidity  Complicated Regulations  Slow rate of Regulatory Change  Regulatory Capture. These, and other factors led to the establishment of the Aviation Safety Regulation Review (The Forsyth Report) https://infrastructure.gov.au /aviation/asrr/ Airservices Australia This corporatized, Government – owned organization is the Service Provider. Its prime function is the provision of Air Traffic Control, Airport Fire Service and ancillary services. Australian Transport Safety Bureau (ATSB) The Aviation Division of ATSB investigates aircraft accidents and incidents in Australia. They also investigate factors that could lead to a deterioration of safety standards The ATSB participates in investigations involving Australian aircraft involved in serious incidents/accidents overseas and may also assist overseas agencies by providing expertise (Annex 13). As a body separate from the Regulator, Air Traffic Service provider or airline they ensure that there is no conflict of interest and an objective investigation can be undertaken without apportioning blame or liability. The majority of safety occurrences are the result of a complex interaction of many factors. ATSB has no power to implement its recommendations. Unlike CASA, its role is advisory only. The primary focus of ATSB is the safety of fare-paying passengers Powers to investigate - Seek information that encourages cooperation - Has powers that require people to give evidence of produce material - Powers to enter premises without warrant or consent, limited to investigation of accidents of serious incidents

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