1 - Air Law
1 - Air Law
1 - Air Law
ICAO Publications
PANS. Where the content of the SARPs is somewhat technical and requires further explanation or discussion,
Procedures for Air Navigation Services (PANS) are published by ICAO. PANS are approved by the Council, unlike
SARPs which are adopted by the Council.
PANS OPS (Doc 8168) – Aircraft Operations
PANS ATM (Doc 4444) – Air Traffic Management
Annexes
1. Personnel Licensing
2. Rules of the Air
3. Meteorological Services for International Air Navigation
4. Aeronautical Charts
5. Units of Measurement to be used in Air and Ground Operations
6. Operation of Aircraft
7. Aircraft Nationality and Registration Marks
8. Airworthiness of Aircraft
9. Facilitation
10. Aeronautical Telecommunications
11. Air Traffic Services
12. Search and Rescue
13. Aircraft Accident Investigations
14. Aerodromes
15. Aeronautical Information Services
16. Environmental Protection
17. Security - Safeguarding International Civil Aviation against Acts of Unlawful Interference
18. The Safe Transport of Dangerous Goods by Air
2 Air Law
International Conventions
Warsaw 1929. Carrier’s liability for damage caused to passengers, baggage and goods.
Rome 1952. Damage caused by foreign aircraft to third parties on the ground.
Tokyo 1963. State of Registration of an aircraft competent to exercise jurisdiction over offences/acts
committed on board. Defines obligations of aircraft Commander to deliver person to
appropriate authority.
Hague 1970. Convention for the Suppression of Unlawful Seizure of Aircraft (Hijacking).
Montreal 1971. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation
Commercial Considerations
Scheduled Flight. A flight, for which agreement has been reached between States (at government level),
concerning the schedule. For instance, how many flights would be allowed in any period, what aerodromes
could be used, what time of day the flights would be allowed, and what reciprocal arrangements would be
required. A State is not obliged to grant permission for an operator to operate a schedule.
Non-scheduled Flights. Are those to which a schedule is not attached. i.e. one-off flights or charter flights
that are not flown on a regular basis. It is an embodiment of the freedoms that a State cannot refuse, on
political or economic grounds, to accept a non-scheduled flight.
Cabotage. Defined as the transport of goods or passengers between two points in the same country by a
vessel or aircraft registered in another country or State. Most countries refuse cabotage. However, an EU State
may not refuse cabotage by another EU State.
Licensing Requirements
Licence Age Total hours PIC hours X-CTY hours Night hours Instr. hours
5 (solo)
PPL 17 - 45 10
150nm FLT
200 100 20 5 10
CPL 18 - 64
150 (integrated) 70 (integrated) 300nm FLT (inc. 5 TO/LDs) 5 (ground)
1500 500 P1U/S
+ or 200
75
ATPL 21 - 59 500 Multi-pilot 250 PIC or ≥100 PIC or 100 PIC/P2
≤30 (ground)
Transport P1U/S with 70 P1U/S
aircraft as PIC if P1U/S
Air Law 3
Flight Plans
A flight plan is to be submitted prior to operating:
Any flight or portion thereof to be provided with an air traffic service (a controlled flight).
Any IFR flight within advisory airspace.
Any flight within or into designated areas, or along designated routes, when so required by the
appropriate ATS authority to facilitate the provision of flight information, the alerting and search and
rescue services.
Any flight within or into designated areas, or along designated routes, when so required by the
appropriate ATS authority to facilitate co-ordination with appropriate military units (ADIZ) or with air
traffic service units in adjacent states in order to avoid the possible need for interception for the
purpose of identification.
Any flight across international borders (not just FIR boundaries).
Submitted 60 mins before departure (controlled flight) or 10 mins in flight prior reaching:
Take-off/Landing Conditions
Unless authorized by ATC, VFR flights are not to take off or land at an aerodrome in a CTR, or enter the ATZ or
traffic pattern if: • Ground visibility is less than 5 km or
• Cloud ceiling (more than ½ of the sky) is less than 1,500ft (450m)
4 Air Law
Special VFR
SVFR. A VFR flight cleared by ATC to operate within a CTR in meteorological conditions below VMC.
ICAO: ≥ 1500m visibility EASA OPS-1: ≥ 3000m visibility
Air Law 5
Flashing Red Aerodrome unsafe, do not land Taxi clear of landing area
Acknowledgement by Aircraft.
In flight: • Daylight – Rocking wings • Night – Flashing on/off twice landing/nav lights
On ground: • Daylight – Moving rudder or ailerons • Night – Flashing on/off twice landing/nav lights
6 Air Law
Instrument Procedures
Departures
Low Visibility Operations (LVO). Take-off and landing operations with RVR less than 800m.
Departure Obstacle Clearance. Unless otherwise stated a Procedure Design Gradient (PDG) of 3.3% (all
engines running is assumed. PDG is made up of 2.5% gradient of Obstacle Identification Surfaces (OIS) or
gradient based on most critical obstacle (whichever higher, and 0.8% increasing obstacle clearance.
At Departure End of the Runway (DER) minimum obstacle clearance equals zero.
Straight Departure. One in which the initial departure track is within 15° of the runway alignment.
Arrivals
Aircraft Categories for Approach Procedures.
Types of Procedure
Precision (Runway Approach). Gives accurate track guidance (azimuth) during the final approach segment
and glide path information concerning height above the threshold of the runway (elevation).
Protected area within half scale deflection of the CDI (ensures terrain clearance above OCA/H).
Examples: ILS, MLS, PAR.
Decision Altitude/Height (DA/H): Specific altitude (or height) in a precision approach at which a missed
approach must be initiated if the required visual reference to continue the approach has not been established.
Non-precision (Aerodrome Approach). Where there is no ground equipment that can provide height
(elevation) data to the aircraft, the procedure is defined as non-precision (no reference to touchdown).
Examples: VOR, NDB, SRA, LLZ.
Limitations. An instrument approach shall not be continued beyond the OM (precision), or below 300 m
(1000ft) above the aerodrome (non-precision), unless the reported visibility or RVR is above specified
minimum. Approach can be continued if it falls below minimum after passing OM or equivalent position.
Arrival. Departure from en-route airways system → IAF (if more than 25nm a STAR will be specified).
Initial. IAF → IF
Intermediate. IF → FAF/FAP (aircraft speed and configuration is adjusted for final approach).
Final (Non-precision). FAF → MAPt (alignment with runway takes place/descent for landing commenced).
The required descent gradient should be 300 ft/nm (3°). A step-down fix (SDF) may be incorporated
for obstacle clearance purposes (two OCA/H values will be published).
Final (Precision). FAP → DA/H (alignment with runway takes place/descent for landing commenced).
On localizer centre line (or the specified MLS azimuth) where the intermediate approach altitude intercepts
the nominal glide path.
Constant Approach Slope (CDA). Requires the aircraft to depart from IAF and descend at a constant rate
throughout the procedure.
Missed Approach. Must be initiated if the visual references are not obtained by DA/H/MAPt or at any time
during the instrument approach procedure that the pilot is unable to continue the approach.
Obstacle Clearance Altitude/Height (OCA/H). This will be the altitude/height at or above which an aircraft
must be flown to avoid the dominant obstacle. It will consist of the height of the obstacle plus the minimum
obstacle clearance (MOC) allowance.
Operating Minima. Operator takes into account data that is variable in nature (crew qualification, OAT,
aircraft characteristics etc. when specifying the aerodrome minima (DA/H or MDA/H) for all aerodromes used
in the operation.
8 Air Law
Base Turn.
Where accurate outbound track guidance can be provided by an NDB or VOR, a base turn can be specified
where the inbound track is not the reciprocal of the outbound track.
Racetrack Procedure.
A turn from the inbound track through 180° at the facility/fix after which, the outbound leg is flown to a point
defined by time or a fix at which another turn through 180° is made to bring the aircraft back on to the
inbound track.
Air Law 9
MAPt. Can be: • The point of intersection of the glide path with the applicable DA/H
• A navigational facility
• A fix
• A specified distance from the FAF
Initial Phase. Begins at the MAPt and ends where the climb is established. No turns in this phase.
Intermediate Phase. Climb is continued, normally straight ahead but turns up to 15° are permitted.
MOC is 30 m and the segment extends to the first point where 50 m (164ft) obstacle clearance is obtained and
maintained. The climb gradient is 2.5%.
Final Phase. Begins at the point where 50 m (164ft) obstacle clearance is first obtained and can be
maintained. It extends to the point where a new approach, holding or a return to en route flight is initiated.
Full turns may be prescribed in this phase.
10 Air Law
Circling Approach
Visual Manoeuvring (Circling) (VM(C)). The visual phase of flight, after completing an instrument approach,
to bring the aircraft into position for landing on a runway not suitably located for a straight-in approach.
Holding Procedures
All instrument arrivals start from a holding pattern established at the IAF. In a holding pattern, aircraft are
‘stacked’ up, one on top of another with the necessary vertical separation applied (1000ft). As the bottom
aircraft departs the holding pattern to fly the approach procedure, the others above are ‘shuttled’ (descended
in the stack) to a lower level one at a time.
A standard holding pattern has starboard (right) turns. If port turns are required, the approach plate will be
annotated to indicate the fact. A left hand pattern is a mirror image of the standard pattern.
Parallel Entry. At the fix, the aircraft is turned left onto an outbound heading to make good a track reciprocal
to the stated inbound holding track. After the appropriate period of time the aircraft is turned left to return to
the fix. On the second time over the fix, the aircraft is turned right to follow the holding pattern.
12 Air Law
Offset Entry. Having reached the fix, the aircraft is turned onto the heading to make good the track diverging
30° left of the reciprocal of the inbound holding track. After the appropriate period of time the aircraft is
turned right onto the holding track to return to the fix.
On the second time over the fix, the aircraft is turned right to follow the holding pattern.
Direct Entry. Having reached the fix, the aircraft is turned right to follow the holding pattern.
QNH. This is the observed barometric pressure at an aerodrome adjusted in accordance with the ISA pressure
lapse rate to indicate the pressure that would be observed if the observation was carried out at sea level. If
QNH is set on the altimeter subscale, the altimeter would read aerodrome elevation at touchdown.
QFE. This is the observed barometric pressure at an aerodrome which, if set on the altimeter subscale, would
result in the altimeter reading zero at touchdown.
QNE. A situation can occur where the QNH is below the lowest altimeter subscale setting. Therefore QNE is
what the altimeter will read at touchdown with SPS (1013 hPa) set.
Transition Altitude. This is the altitude (with QNH set) above the aerodrome at which the altimeter subscale
is reset to SPS and vertical position above that is then reported as a flight level.
Transition Level. The flight level at which the altimeter is reset to the aerodrome QNH and subsequent flight
is reported with reference to altitude. The transition level changes with the QNH.
Transition Layer. This is the airspace between the transition altitude with SPS set and the transition level.
When ascending through the transition layer (with SPS set) vertical position is reported as a flight level and
when descending through the layer with QNH set, as an altitude.
Air Law 13
Mode 1: Independent Parallel Approaches. Approaches are made to parallel runways where radar
separation minima between aircraft using adjacent ILS and/or MLS are not applied. Only straight-in
approaches are permitted with parallel runway operation. Track reversal procedures are not permitted.
Each pair of parallel approaches will have a ‘high’ side and a ‘low’ side to provide vertical separation until
aircraft are established inbound on the respective ILS localizer course. The high side will be 300 m (1000 ft)
above the low side.
Mode 2: Dependent Parallel Approaches. Approaches are made to parallel runways where radar separation
minima between aircraft using adjacent ILS and/or MLS are applied. During vectoring to intercept the localizer
the maximum interception angle permitted is 30° and a minimum of 1 NM straight and level flight is required
before localizer intercept. Until the aircraft is established on the localizer, the normal minimum radar
separation of 5 NM shall apply.
Mode 3: Independent Parallel Departures. Simultaneous departures for aircraft departing in the same
direction from parallel runways. All departure tracks must diverge by a minimum of 15° immediately after
take-off and traffic radar identified not more than 1nm from DER.
Mode 4: Segregated Parallel Operations. One runway is used exclusively for approaches and the other
runway is used exclusively for departures (e.g. Heathrow).
Aircraft Equipment. All aircraft carrying out parallel runway operations must be equipped with full ILS/MLS.
Normal Operating Zone (NOZ). Applicable to Mode 1 operations and is airspace of defined dimensions
extending either side of an ILS localizer course within which an aircraft operating normally on the ILS would be
positioned (half scale deflection of the CDI).
No Transgression Zone (NTZ). Applicable to Mode 1 operations and is a corridor of airspace of defined
dimensions located centrally between the two extended runway centre lines. Penetration of the NTZ requires
controller intervention to manoeuvre a threatened aircraft on the adjacent approach, out of the way. NTZ
must be at least 610 m wide.
Missed Approach. Simultaneous parallel operations require the missed approach track and departure tracks to
diverge by a minimum of 30°.
14 Air Law
Airspace
Flight Information Region (FIR). This is the basic unit of airspace within which the most basic form of Air
Traffic Service, a Flight Information Service, is available. The alerting service is also available in an FIR.
Upper Information Regions (UIRs). Traffic using the UIR will be essentially in transit enroute, whereas lower
traffic will be arriving or departing and therefore manoeuvring. In Europe the division between the FIR and UIR
is at FL195 whereas in the USA it is at FL180. The lower boundary of a UIR will always be a VFR FL.
Open FIR. Airspace within an FIR that is not defined as a CTA, CTR or other ‘restricted’ airspace. The only air
traffic services offered are a Flight Information Service and the Alerting Service.
Oceanic Control Areas (OCAs). The airspace above FL55 over the Oceans is designated as OCAs where strict
rules are enforced and special navigation procedures are applied.
Control Area (CTA). Airspace within which ATC is provided to controlled flights which are ‘enroute’. CTAs are
usually established in the vicinity of major aerodromes and at the confluence of airways. The lowest level of a
CTA must be at least 200 m (700ft) AGL.
Control Zone (CTR). Established in the vicinity of aerodromes to provide ATC to arriving and departing
controlled traffic. Because a CTR is a zone, the base of any zone is defined as ground level or MSL.
If established within the lateral limits of a CTA, the CTR must extend upwards to the lower limit of the CTA.
Air Traffic Flow Management (ATFM). It is now possible to predict traffic loading in each sector of the route
structure of the airspace within an FIR. Where this exceeds that which can normally be accommodated, the
ATFM unit in the ACC will advise flight crews and operators that delays are likely or that restrictions may be
applied.
AIRMET. Information concerning the occurrence or expected occurrence of specified enroute weather
phenomena which may affect the safety of low-level aircraft operations and which was not already included in
the forecast issued for low-level flights in the FIR concerned or sub-area thereof.
SIGMET. Information issued by a meteorological watch office concerning the occurrence or expected
occurrence of specified enroute weather phenomena which may affect the safety of aircraft operations.
Operational Flight Information Service (OFIS). HF OFIS/VHF OFIS (VOLMET) & ATIS.
Automatic Terminal Information Service (ATIS). Broadcast should not last longer than 30 secs. Only include
cloud cover when the cloud base is <5,000ft or the highest MSA (whichever higher), or when CBs present.
Alerting Service
The Alerting Service is the link between the aircraft needing assistance, and the services that can provide that
assistance. Where necessary, the provision of a service to aircraft in need of assistance will have priority over
all other air traffic services.
States of Emergency. • Uncertainty (INCERFA) • Alert (ALERFA) • Distress (DETRESFA)
Automatic Dependent Surveillance (ADS). System by which aircraft constantly broadcast their current
position, altitude, category of aircraft, airspeed, identification, and whether the aircraft is turning, climbing or
descending, over a dedicated radio data link to the Controller.
AIREP. Operational/meteorological information can be transmitted in the form of an air-report.
AIREP SPECIAL. Reported by aircraft when encountering: severe turbulence/icing/mountain wave/TS/VA.
16 Air Law
Separation
Vertical Separation
Vertical Separation Minima. • ≥ FL410: 2,000ft (600m)
• < FL410 - ≥ FL290: 1,000ft (300m) – RVSM (2,000ft in non-RVSM airspace)
• < FL290: 1,000ft (300m)
Horizontal Separation
Lateral Separation.
DME Based Longitudinal Separation. • Same Track: 20nm (10nm if lead aircraft TAS +20kt faster)
• Crossing Track: As above (provided relative angle of tracks <90°)
• Climbing/Descending/Reciprocal: 10nm
Radar Separation
Separation Minima. 5nm
Reduced Radar Separation. Radar capabilities: 3nm ILS Localizer: 2.5nm Mode 2 APP: 2nm
Separation Minima. Only applicable when following aircraft is ‘lighter’ than the preceding aircraft.
Arriving Aircraft: • Medium behind Heavy – 2 mins
• Light behind Medium/Heavy – 3 mins
Departing Aircraft: For a light/medium taking off behind a heavy or light behind a medium – 2 mins
Using: • The same runway
• Parallel runways separated by less than 760m
• Crossing runways if the flight paths cross at the same altitude/within 1000ft
• Parallel runways separated by 760 m or more if the flight paths cross within 1000ft
NOTE: Separation increased to 3 mins taking off at an intermediate part of runway
Stacking
Expected Approach Time (EAT). The time that the pilot can expect to commence the instrument approach.
Initially not be less than 30 minutes after the time of entry. If it is expected that hold for more than 20
minutes, the pilot will be informed “no delay expected. If necessary the EAT will be revised by 5 minute
intervals, passed to the pilot and acknowledged.
18 Air Law
ASHTAM. Information on the status of activity of a volcano when a change in its activity is, or is expected to
be of operational significance. Also provides information on the location, extent and movement of the ash
cloud and the air routes and flight levels affected. Valid: Max 24hrs.
Aeronautical Information Circulars (AICs). Information that does not qualify for inclusion in the AIP or is not
suitable for NOTAM is disseminated to all interested parties. A checklist of AIC currently in force is issued at
least once a year, with distribution as for the AIC. AICs in the UK are published on Thursdays every 28 days.
Pre-flight Information Bulletin (PIB). A recapitulation of current NOTAM and other information of urgent
character shall be made available to flight crews in plain language.
Aeroplane Reference Field Length. This is defined as the minimum field length (take-off distance) required
for take-off at max certificated take-off mass, at sea level, with standard atmospheric conditions, still air and
runway slope, as shown in the appropriate AFM prescribed by the certifying authority or equivalent data from
the aeroplane manufacturer.
20 Air Law
Aerodrome Data
TORA. The distance between the point at which an aeroplane can commence the take-off run to the nearest
point in the direction of take-off at which the surface is incapable of bearing the mass of the aeroplane under
normal operating conditions.
TODA. The distance from the start of TORA to the nearest obstacle in the direction of take-off projecting
above the surface of the aerodrome and capable of affecting the safety of an aeroplane in flight (up to a
maximum distance of 1.5 × TORA). Usually, TODA is TORA plus clearway if a clearway exists.
ASDA. The distance from the start of the take-off run to the nearest point in the direction of take-off at which
the aircraft cannot roll over the surface and be brought to rest in an emergency without risk of accident.
Usually ASDA consists of TORA plus the stopway if available.
LDA. The distance from the point where an aeroplane can commence its landing to the point where the
surface is incapable of bearing the mass of the aircraft under normal operating conditions. Usually this is the
full length of the runway, but may include a paved stopway (if available) where the threshold is displaced.
Clearway. An area at the end of the take-off run available and under the control of the aerodrome licensee,
selected or prepared as a suitable area over which an aircraft may make a portion of its initial climb to a
specified height.
Stopway. A defined rectangular area at the end of the take-off run available prepared and designated as a
suitable area in which an aircraft can be stopped in the case of a discontinued take-off.
Aerodrome Lighting
Simple Approach Lighting System.
A row of lights on the extended centre line of the runway extending, whenever
possible, over a distance of not less than 420 m from the threshold with a row of
lights forming a crossbar 18m or 30m in length at a distance of 300m from the
threshold.
This type of system is used on a non-instrument runway and may be used on a
non-precision instrument runway.
Assistance No Longer Required. If assistance is no longer required by an aircraft, the aircraft should indicate
the fact by crossing the wake of the surface craft close astern at a low altitude and rocking the wings; or
opening and closing the throttle; or changing the propeller pitch.
Air to Ground Signals. To indicate that the ground signals have been understood during the hours of daylight
rock the aircraft’s wings; during the normal hours of darkness, flashing on and off twice the aircraft’s landing
lights, or if not so equipped, by switching on and off twice its navigation lights. A lack of this signal from the
aircraft indicates to the ground that their signal has not been understood by the pilot.
22 Air Law
Security
Departure from assigned track. When an aircraft subjected to an act of unlawful interference must depart
from its assigned track or its assigned cruising level without being able to make radiotelephony contact with
ATS, the pilot-in-command should, wherever possible:
• Attempt to broadcast warnings on the VHF emergency frequency and other appropriate
frequencies, unless considerations aboard the aircraft dictate otherwise. Other equipment
such as on-board transponders, data links, etc. should also be used when it is advantageous
to do so and circumstances permit; and
• Proceed in accordance with applicable special procedures for in-flight contingencies, where
such procedures have been established and promulgated.
• If no applicable regional procedures have been established, proceed at a level which differs
from the cruising levels normally used for IFR flight in the area by 300 m (1000 ft) if above
FL290 or by 150 m (500 ft) if below FL290.
Annex 14 – Aerodromes
Isolated aircraft parking position. An isolated aircraft parking position is to be designated for the parking of
aircraft subject to unlawful interference. The position shall be never less than 100m from other parking
positions. It is not to be over underground utilities such as gas and aviation fuel and where feasible electrical
or communications cables.
Taxi Instruction Considerations. When issuing taxiing instructions, ATC must abide by the following
considerations:
a. The aircraft is to remain as far away from other aircraft and installations as possible.
b. The taxi route must be specified to the pilot.
c. The taxi route shall be selected with a view to minimizing any security risks to the public, other aircraft and
installations.
Air Law 23
Except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the
injuries are to a stowaway hiding outside the areas normally available to the passengers and crew, or
The aircraft sustains damage or structural failure which: Adversely affects the structural strength,
performance or flight characteristics of the aircraft, and
Would normally require major repair or replacement of the affected component.
Except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or
for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in
the aircraft skin, or
Note: The difference between an accident and a serious incident lies only in the result.
Incident. An occurrence, other than an accident, associated with the operation of an aircraft which affects or
could affect the safety of operation.
Investigation. A process conducted for the purpose of accident prevention which includes the gathering and
analysis of information, the drawing of conclusions, including the determination of causes and, when
appropriate, the making of safety recommendations.
Serious incident. An incident involving circumstances indicating that an accident nearly occurred.
Serious injury. An injury which is sustained by a person in an accident and which:
Requires hospitalization for more than 48 hours commencing within seven days from the date the
injury was received, and
Results in a fracture of any bone (except simple fractures of fingers, toes, or nose), or
Involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage, or
Involves injury to an internal organ, or
Involves second or third degree burns, or any burns affecting more than 5% of the body surface, or
Involves verified exposure to infectious substances or injurious radiation.