Aviation law involves the laws and regulations that govern airplanes, their passengers, and cargo. Aviation attorneys often help individuals and companies with various aviation-related legal needs.
Aircraft law covers both domestic and international flights. Generally, airlines are held liable for accidents on their international flights unless they engage in willful misconduct or gross negligence.
Safety
Aviation is crucial in connecting people and cultures, facilitating international trade and tourism, and contributing significantly to a country’s economic development. To guarantee the safety of aviation activities, a comprehensive legal framework is necessary. As a result, airlines, airports, and other entities involved in aviation must adhere to numerous laws and regulations.
The importance of aviation law is its commitment to safety. Whether it is a flight attendant or a mechanic, every individual in the industry is responsible for upholding safety standards and not taking shortcuts that could put lives at risk. To maintain a high level of safety, aviation organizations should promote a culture that prioritizes safety and regularly reviews their policies to ensure they are up-to-date.
Aviation law is a broad field that covers everything from cargo transportation to passenger behavior and from business regulation to the structure of airlines and charters. It also includes laws governing aircraft maintenance and the licensing of pilots. It is one of the most complex branches of law due to its globalization and the involvement of many countries. At the national level, most aviation law is regulated by federal agencies such as the FAA and the National Transportation Safety Board. The ICAO mediates international aviation law and provides general rules.
Security
After the 9/11 terrorist attacks, security became an issue of paramount importance for airlines and airports alike. Since then, the world’s aviation laws have been overhauled to include tighter passenger screening and more stringent airport security measures. This has led to increased safety for air travelers and improved passenger convenience. It has also made it more difficult for terrorists to board flights and cause accidents.
The rules of aviation law are governed by the FAA, an arm of the Department of Transportation (DOT). Aviation lawyers must be familiar with the many governing bodies and rules that impact the industry. This includes ensuring that pilots meet all their license requirements and addressing any legal issues that may arise during flights.
In addition to the FAA, aviation laws are regulated by international agreements and treaties. For example, the Warsaw Convention limits airline liability in international travel, while other conventions outline passenger rights. In addition, the ICAO provides general aviation rules and mediates disputes.
Because of its essentially international character, much of aviation law is based on principles such as subsidiarity and the principle of proportionality. However, some of it is based on European Union (EU) rules, such as airport security regulations. It calls for Member States to establish a single authority responsible for civil aviation security, draw up and implement a national quality control program, and cooperate with the Commission when conducting inspections to ensure compliance with EU rules on aviation security.
Enforcement
Aviation law encompasses many rules and regulations that affect everyone with a passing interest in flying or travel. In addition to federal laws, many state and local statutes regulate aircraft operation and upkeep of aviation facilities. At the international level, the International Civil Aviation Organization serves to mediate air navigation, establish flight inspection standards, prevent unlawful interference, and facilitate border-crossing protocols for international civil aviation.
The United States’ primary legislation for aviation is the Code of Federal Regulations, Title 14, Aeronautics and Space. This comprises various subchapters and parts covering definitions and general requirements, safety management systems, procedural rules, aircraft, airmen, schools and other certificated agencies, airlines, charter operators for hire, and airports.
As a result of being heavily regulated and safety-driven, the aviation industry is very expensive to insure. Insurance is needed for pilots, mechanics, certified flight instructors, airlines, hangar owners, airplane owners, air show exhibition companies, and banner towing companies. Therefore, those who violate the myriad of mandated aviation laws can face serious consequences and financial ruin.
Additionally, the laws of aviation often overlap with admiralty law. This is because most international air law is either international uniform law or is adapted from national law through an International Convention agreement.
Regulation
Air travel is a facet of international law, and aviation law includes laws at the national level and those governing international flights. It covers cargo transport, passenger behavior, airline and charter company structure, and business practices. It also addresses the legality of space travel as it edges into the marketplace.
Aviation law has many aspects, ranging from accident investigation to dispute resolution to regulatory matters. These issues include litigation in cases of downed airplanes, which can be complicated because most accidents follow an “accident chain,” meaning that several causes combine to produce the conditions for the crash. This is why downed airplanes are such newsworthy events and why lawsuits are so expensive.
Domestically, aviation law is mostly governed by federal statutes and regulations enacted by Congress. The Code of Federal Regulations Title 14, Aeronautics and Space, Chapter 1 outlines the United States’ primary aviation law. This includes defining what constitutes air space, flight and traffic rules, aircraft certification, pilot qualification and disciplinary issues, safety standards, and slot administration.
Internationally, aviation law is regulated by the International Civil Aviation Organization, a specialized agency of the United Nations. The ICAO provides general rules for international travel and mediates some international concerns to an extent. It also oversees the standards that the FAA and other national aviation agencies adopt.
