Chapter 1 Air Law

1.1 International law conventions agreements and organizations

1.1.1 International Law

no international law enforcement
States required to ratify agreed conventions into national law

THERE WAS MORE CHECK AND EXPAND

1.1.2 ICAO

International Civil Aviation Organisation

created in 194x, established after ratification
became specialised organisation of United Nations

Organisation of ICAO

bodies … air transport, air navigation, …

Freedomes of the air

elaborate on the various freedoms

ICAO Annexes

Annex Subject 1 Personnel Licensing (Getting a license is my Number 1 priority) 2 Rules of the Air (2 Sets of Rules, VFR and IFR) 3 Meteorological Services (3ºC/1000ft DALR or 1deg/100m) 4 Aeronautical Charts (4 Cardinal Points) 5 Dimensional Units (CRP 5) 6 Operation of Aircraft (DC6) 7 Nationality and Registration Marks (The League of Seven Nations) 8 Airworthiness (Looks like a propeller) 9 Facilitation (NEIN in German – Immigration) 10 Aeronautical Communications (100 for the Operator) 11 Air Traffic Control Services (1 to 1 Personal Services) 12 Search & Rescue (The one before Accident Investigation) 13 Accident Investigation (Unlucky for some) 14 Aerodromes (14 Aerodromes around Heathrow) 15 Aeronautical Information Services (Looks like IS) 16 Environmental Protection (16 Age of Consent, use protection) 17 Security (17ft security fence required) 18 Dangerous Goods (At 18 you can drink but it’s DANGEROUS to drive)

1.1.3 EASA

European Aviation Safety Agency

1.1.4 IATA

International Air Transport Associated

1.1.5 EUROCONTROL

European Organisation for the Safety of Air Navigation

1.2 Flight Crew Licensing

“please refer to part FCL” :)

1.3 Rules of the Air

1.3.1 Terms and Definitions

a good set / mix of definitions ranging from IFR/VFR IMC/VMC, services/units, controlled flight, aerodrome terms, airspace classes.

IDEA: REWORK AND DEVELOP SUBSECTION TO ALIGN/DIFFERENTIATE BETTER.

Note: Automatic dependent surveillance (ADS) is “emphasised” with introducing ADS agreement and contract at the beginning of the list of defintions.

1.3.2 Rules of the Air

Applicability The rules of the air shall apply to aircraft bearing the nationality and registration marks of a Contracting State, wherever they may be, to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown.

over high seas: (unless notified differently) appropriate ATS authority = as designated by the State assuming to provide services under a regional air navigation agreement.

Compliance with the rules of the air
The operation of an aircraft either in flight or on the movement area of an aerodrome shall be in compliance with the general rules and, in addition, when in flight, either with:a) the visual flight rules or b) the instrument flight rules

Responsibility of pilot-in-command
The pilot-in-command of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with the rules of the air,
except
that the pilot-in-command may depart from these rules in circumstances that render such departure absolutely necessary in the interests of safety.

Preflight action for flights away from vicinity of aerodrome and all IFR - current weather reports and forecasts - fuel requirements
- alternate course of action, if flight cannot be completed as planned.

Authority
The pilot-in-command of an aircraft shall have final authority as to the disposition of the aircraft while in command.

No person whose function is critical to the safety of aviation (safety-sensitive personnel) shall undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired.
No such person shall engage in any kind of problematic use of substances.

1.3.2.1 General Rules

AVODING COLLISIONS

proximity - no operations in such proximity as to create collision hazards
right-of-way -
- right of way a/c to maintain heading and speed unless PIC collision avoidance
- a/c giving way: no passing over, under, in front, unless well clear and considering effect of wake turbulences
- head-on: both aircraft alter heading to the right
- converging (same level) a/c having the other on their right to give way (“Rechts-vor-Links”) with the exception
  - 1. power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;
  - 1. airships shall give way to gliders and balloons;
  - 1. gliders shall give way to balloons;
  - 1. power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.
- overtaking: from behind within 70deg / no view of position lights at night, to the right and stay clear (climb, descent, same level) until entirely past and clear (including changes by the a/c overtaken)
- a/c in flight or on ground/water give way to a/c landing or in final stages of approach
  - in case of simultaneous approaches: higher aircraft to give way to lower a/c
  - power-driven a/c give way to gliders
- emergency landing
- taxiing aircraft give way to a/c taking off or about to take off
- surface movement: head on = stop, as appropriate of both to the right, converging: a/c from right has right of way/other give way, overtaking: a/c to be overtake has right of way, other to stay clear

FOMRATION FLYING

1km laterally and longitudinally and 30m vertically from the flight leader
no formation flight except by “pre-arrangement” among PICs

TAXIING FLIGHTS

An aircraft taxiing on the manoeurvring area shall stop and hold at all runway-holding positions unless otherwise authorized by the aerodrome control tower.
An aircraft taxiing on the manoeuvring area shall stop and hold at all lighted stop bars and may proceed further when the lights are switched off

LIGTHS

in flight from sunset to sunrise or any other period prescribed by appropriate authority
- anti-collision lights intended to attract attention of other aircraft
- navigation lights indicated to signal the relative path of the aircraft
- no other lights if they are likely to be mistaken
moving aircraft on movement area shall dispaly navigation lights signalling relative path & no other lights if to be mistaken
unless stationary and adequately illuminated aircraft shall display lights that to indicate the extremeties

many clauses: basically operate anti-collision lights (attracting attention) at all times (outside sunset to sunrise) on movement area or in flight

Lights can be switched off or lowered in intensity by pilot if * adversely affect the satisfactory performance of duties; or * subject an outside observer to harmful dazzle.

MINIMUM HEIGHTS

Except when necessary for take-off or landing, or except by permission from the appropriate authority, aircraft shall not be flown over the congested areas of cities, towns or settlements or over an open-air assembly of persons, unless at such a height as will permit, in the event of an emergency arising, a landing to be made without undue hazard to persons or property on the surface.

VFR * over the congested areas of cities, towns or settlements or over an open-air assembly, NOT less than 300 m (1000 ft) within a radius of 600 m of the highest obstable; * elsewhere other: NOT less than 150 m (500 ft) over ground/water

IFR * except for take-off, landing, or specifically authorised, an IFR flight shall be flown not below the minimum flight altitude established, or - if such miniumum is not established - * over high terrain or in mountainous areas, at a level which is at least 600 m (2.000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft * Elsewhere than as specified above, at a level which is at least 300 m (1.000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft.

CRUISING LEVELS

Flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude;
Altitudes, for flights below the lowest usable flight level or, where applicable, at or below the transition altitude

SIMULATED INSTRUMENT FLIGHTS

An aircraft shall not be flown under simulated instrument flight conditions unless:

fully functioning dual controls are installed in the aircraft
a qualified pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions. The safety pilot shall have adequate vision forward and to each side of the aircraft,
or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which the observer’s field of vision adequately supplements that of the safety pilot.

OPERATION IN VINCINITY OF AN AERODROME

aircraft on or in vincinity of an aerodrome shall - whether or not within the aerodrome traffic zone

observe other aerodrome traffic for the purpose of avoiding collision;
conform with or avoid the pattern of traffic formed by other aircraft in operation;
make all turns to the left, when approaching for a landing and after taking off, unless otherwise instructed;
land and take off into the wind unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable.

1.4 Signals

distress and urgency signals
signals for use in event of an interception
visual signals used to warn an unauthorised aircraft flying in, or about to enter a Restricted, Prohibited, or Danger Area
signals for aerodrome traffic, and
marshalling signals

1.4.1 Distress Signals

The following signals - used either together or separately - mean that grave and imminent danger threatens and immediate assistance is requested:

RT or other signalling method SOS …—…
RT spoken word MAYDAY
distress message sent via data link transmitting intent of the word MAYDAY
rockets or shells throwing red lights, fired one at a time at short intervals
parachute flame showing red light

Art 41 ITU Radio Regulations: alarm signals for RT adn RT auto-alarms systems

RT alarm signals consists of a series of 12 dashes sent in 1 minute, each dash 4 seconds, interval between consecutive dashes 1 second. Transmitted by hand, but automated instrument recommended.
RT alarm signal consists of 2 substantially sinusoidal audio frequency tones transmitted alternately. One tone shave have frequence of 2.200 Hz and the other 1.300 Hz. Duration of each tone 250 miliseconds (0,25 seconds ~1/4 sec)
RT alarm signal
- when generated automatically shall be sent continuously for a period of at least 30 seconds, but not exceeding 1 minutes
- when generated by other means, the signal shall be sent as continously as practicable over a period of approximately 1 minute

1.4.2 Urgency Signals

The following signals - used either together or separately - mean that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance:

repeated switching on and off of the landing lights; or
repeated switching on and off of the navigatio lights in such a manner as to be distinct from flashing navigation lights.

The following signals - used either together or separately - mean that an aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft, or other vehicle, or of some person on board or within sight:

RT or other signalling method consisting of the group XXX ()
RT urgency signal spoken word PAN-PAN
urgency message sent via data link transmitting intent of the words PAN,PAN.

1.4.3 Interception Signals

check table and put here.

1.4.4 Warning Signals for unauthorised aircraft flying in, or about to enter a Restricted, Prohibited, or Danger Area

By day and night

series of projectiles discharged from the ground at intervals of 10 seconds
each showing - on bursting - red and green lights or stars

= aircraft in or about to enter Restricted, Prohibited, or Danger Area = aircraft to take remedial action as may be necessary (i.e. leave/stay clear)

1.4.5 Signals for Aerodrome Traffic

in flight

pyrotechnic red - notwhithstanding any previous instruction, do not land for the time being
steady red - (STOP) give way to other aircraft and continue circling
green flashes - return for landing
red flashes - aerodrome unsafe - do not land (hush away)
white flashes - land at this aerodrome and proceed to apron
steady green - (GO) cleared to land

on ground

steady read - STOP (aka hold and give way)
red flashes - (hush away) taxi clear of landing area in use
green flashes - cleared to taxi
white flashes - return to starting point on the aerodrome
steady green - (GO) cleared for take-off

acknowledgement by aircraft

in flight

during hours of daylight: rocking aircraft’s wings (note: not on base and final legs)
during hours of darkness: flashing on and off TWICE aircraft’s landing lights or - if not so equipped - by switching on and off TWICE its navigation lights.

on ground

during hours of daylight: moving aircraft’s ailerons or rudder
during hours of darkness: flashing on and off TWICE aircraft’s landing lights or - if not so equipped - by switching on and off TWICE its navigation lights.

1.4.6 Marshalling Signals

check for guide and add

1.5 Air Traffic Control Service

1.5.1 Clearances

An air traffic control clearance shall be obtained prior to operating a controlled flight, or a portion of a flight as a controlled flight. Such clearance shall be requested through the submission of a flight plan to an air traffic control unit.

Note 1 - A flight plan may cover only part of a flight, as necessary, to describe that portion of the flight or those manoeuvres which are subject to air traffic control. A clearance may cover only part of a current flight plan, as indicated in a clearance limit or by reference to specific manoeuvres such as taxiing, landing or taking off.

Note 2- If an air traffic control clearance is not satisfactory to a pilot-in-command of an aircraft, the pilot-in command may request and, if practicable, will be issued an amended clearance

Priority

Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted, if requested by the appropriate air traffic control unit. Power driven heavier than air aircraft shall give way to airships, gliders and balloons.

Potential reclearance in flight

If prior to departure it is anticipated that depending on fuel endurance and subject to reclearance in flight, a decision may be taken to proceed to a revised destination aerodrome, the appropriate air traffic control units shall be so notified by the insertion in the flight plan of information concerning the revised route (where known) and the revised destination.

An aircraft operated on a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit.

Termination of Control

A controlled flight shall, except when landing at a controlled aerodrome, advise the appropriate ATC unit as soon as it ceases to be subject to air traffic control service

1.5.2 Communications

aircraft operated as controlled flight shall

maintain continuous air graound voice communiction watch on the appropriate communication channel of
establish two-way communication as necessary with the appropriate ATS authority in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome (and elsewhere?)

SELCAL or similar automatic signalling devices = satisfactory device to maintain air-ground voice communication watch

Despite CPDLC, aircraft to maintain air-ground voice communication watch

COMMUNICATION FAILURE

in case of COM failure and/or failing to meet gen requirement, aircraft to comply with voice communication failure procedure of Annex 10, Vol II, AND

shall attempt to establish communication with appropriate ATC unit using all other available means
within aerodrome traffic at controlled aerodrome: keep watch for instructions by visual signals

in VMC, the aircraft shall

continue VMC
land at next suitabel aerodrome
report arrival by the most expeditious means to appropriate ATC unit
if considered advisable, complete an IFR flight if in IMC

In IMC or when pilot of IFR flight considers it inadvisable to land at the nearest suitable aerodreom, the aricraft shall

unless otherwise prescribed on the basis of national air navigation agreement, in airspece where radar is not used, maintain the last assigned speed and level, or minimum flight altitude (if higher), for 20 minutes following the aircraft’s failure to report its position over a compulsory reporting point and thereafter adjust level and speed in accordance with the filed flight plan.
in airspace where radar is used, maintain the last assigned speed and level, or minimum flight altitude - if higher - for a period of 7 minutes following
the time the last assigned level or minimum altitude is reached; or
the time the transponder is set to Code 7600; or
airfraft’s failure to report its position over a compulsory reporting point
whichever is later - and thereafter adjust level and speed in accordance with the last filed flight plan.

when being radar vectored or having been directed by ATC to proceed offset using RNAV without a specified limit, rejoin the current flight plan route no later than the next significant point, taking into consideration the applicable minimum flight altitude.

proceed according to the current flight plan route to the appropriate navigation aid or fix serving the destination aerodrome and - when required to ensure compliance with e.) below - hold over this aid or fix until commencement of descent

commence descent from NAV aid or fix - specified above d) - at, or as close as possible to, the expected approach time last received and acknowledged, or if no expected approach time has been received and acknowledged, at, or as close as possible to , the estimated time of arrival resulting from the current flight plan.

complete a normal instrument approach procedure as specified for the designated navigation air or fix, and (g) land, if possible whtin 30 minutes after the estimated time of arrivale specified in (e) or the last acknowledged expected approach time - whichever is later.

??? A commander should transmit special aircraft observations when he encoutern

moderate turbulence, hail, or CB clouds during supersonic or transonic flight;
other conditions that the commander considers may effect the safety of other aircraft
severe turbulence or icing.

1.5.3 Visual Flight Rules

TODO - check for figure or turn this into visual

Except when operating as a Special VFR flight, VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal or greater than those specified

at and above 3050m/10000ft AMSL, in airspace ABCDEFG, vis: 8 km, 1500 horizontally and 300m/1000ft vertically
below 3050m/10000ft and above 900m/3000ft AMSL or above 300m/1000ft above terrain - whichever is higher, in airspace ABCDEFG: vis: 5km, 1500m horizontally & 300m/1000ft vertically)
at and below 900m/3000ft AMSL, or 300m/100ft about terrain - whichever is higher
- in airspace ABCDE: vis 5km, 1500m horizontally, 300m/1000ft vertically
- in airspace FG : vis 5km, clear of clouds and GND in sight

If TA is lower than 3050m/10000ft, FL 100

Note: VMC minima for airspace A are given for guidance. They do not imply acceptance of VFR flights in Class A airspace.

Except when a clearance is obtained by ATC, VFR flights shall not take off or land at an aerodrome within a control zone CTR, or enter the aerodrome traffic zone or traffic pattern

when ceiling is less than 450m/1500ft or
ground visibility less than 5km

VFR flight between sunset and sunrise - or such other period between sunset and sunrise as may be prescribed by appropriate ATS authority - shall be operatored in accordance with the conditions prescribed by such authority.
Unless authorised by appropriate ATS authority, VFR flights shall NOT be operated

above FL200
at transonic and supersonic speeds

Authorisation for VFR flights to operate above FL290 shall not be granted in areas where a vertical separation minimum of 300m/1000ft is applied above FL290, except when necessary for take-off or landing; or by permission from appropriate authority, a VFR flight shall NOT be flown

over congested areas of cities, towns, or settlements or over an open-air assembly or persons at a height less than 300m/1000ft above the highest obstacle within a radius of 600m;
elsewhere, at a height of less than 150m/500ft above ground or water.

Except where otherwise indicated in ATC clearance or specified by appropriate ATS authority, VFR flights in level cruising flight when operated above 900m/3000ft from ground or water, or a higher data as specified by appropriate ATS authority, shall be conducted at the appropriate flight level.

VFR flight shall comply with the provisions of ATC service * when operated whithin airspace classes B, C, and D * forming part of aerodrome traffic at controlled aerodromes, or * when operated as special VFR (SVFR).

VFR flights operating within … lalala …shall maintain air-ground voice communication watch on he appropriate communication channel of, and report its position as necessary to, the air traffic services unit providing FIS.

Notes: SECAL ok, voice watch even in CPDLC

An aircraft operated in accordance with VFR rules which wishes to change to compliance with IFR rules shall

if a flight plan was submitted, communicate the necessary changes to be effected to its current flight plan; or
when so required, submit a flight plan to the appropriate air traffic services unit and obtain clearance prior to proceeding IFR when in controlled airspace.

1.5.4 Instrument Flight Rules (IFR)

aircraft shall be equipped with suitable instruments and with navigation equipment appropriate to the route to be flown.

MINIMUM LEVELS

Except for take-off or landing, or except when specifically authorised by appropriate authority, an IFR flight shall be flown at a level which is not below the minimum flight altitude established by the State whose territory is overflown, or, where no such minimum flight altitude has been established

over high terrain or in mountainous areas, at a level which is at least 600m/2000ft above the highest obstacle located within 8km of the estimated position of the aircraft;
elsewhere at a level which is at least 300m/1000ft above the higherst obstacle located within 8km of the estimated aircraft position.

The estimated aircraft position will take account of the navigational accuracy .. nav facilities and aircraft

CHANGE IFR to VFR

IFR to VFR: if flight plan was submitted, notify appropriate ATS unit specifically that IFR flight is cancelled and communicate thereto the changes to be made to its current flight plan.

aircraft under IFR in VMC it shall not cancel its IFR flight unless it is anticipated and intended that the flight will be continued for a reasonable period of time in uniterrupted VMC.

IFR WITHIN CONTROLLED AIRSPACE

IFR flight shall comply with the provisions of ATC service when operated in controlled airspace.

IFR in controlled airspace shall be flown at cruising level or - if authorised to employ cruise climb techniques - between 2 flight levels or above a level selecting from

tables of cruising levels; or
a modified table of clruising levels, when prescribed, for flights above FL410;
except when otherwise indicated in ATC clearances or specified by appropriate ATS authority in AIP.

RULES APPLICABLE TO IFR OUTSIDE CONTROLLED AIRSPACE

Cruising Levels
IFR operating in level cruising outside of controlled airspace shall be flown at cruising level appropriate to its track as specified in

tables of cruising levels, except when otherwise specified by the appropriate ATS authority for flight at or below 900m/300ft above MSL; or
a modified table of cruising levels for flights above FL410.

COMMUNICATIONS

IFR outside controlled airspace but within areas or routes requiring FIS, Alerting and SAR, or coordination civ/mil to avoid interception & support identification, shall maintain air-ground voice communication watch on the appropriate communication channel and establish 2-way communication - as necessary - with ATS unit providing FIS.

POSITION REPORTS

IFR outside controlled airspace and required by appropriate ATS authority shall

submit flight plan
maintain air-ground voice communication watch on appropriate channel and establish 2-way communication with ATSU providing FIS

Unless exempted, a controlled flight shall report time and level of passing each designated compulsory reporting point together with any other required information.
Position reports shall similarly made in relation to additional points when requested by the ATSU.
In the absence of designated reporting points, position reports shall be made at intervals prescribed by appropriate ATS authority or specified by ATSU.
Controlled flights providing position reports to appropriate ATSU by data link shall only provide voice positio reports when requested.

TO-Do - cruising level tables

1.5.5 Interception of Civil Aircraft

When intercepted, pilot in command shall comply with the appropriate standards, interpreting and responding to visual signals as specified.

PRINCIPLES TO BE OBSERVED BY STATES

interception of civil aircraft will be undertaken only as a last resort;
interception limited to determining the identity of the aircraft, unless it is necessary to return the aircraft to its planned track, direct it beyond boundaries of national airspace, guide it away from a prohibited, restricted, or danger area, or instruct it to effect a landing at a designated aerodrome;
practice interception of civil aircraft will not be undertaken;
navigational guidance and related informatio will be given to an intercepted aircraft by RT whenever radio contact can be established; and
in case where an intercepted civil aircraft is required to land in the territory overflown, the aerodrome designated for the landing is suitable for the safe landing of the airfraft type concerned.

ACTION BY INTERCEPTED AIRCRAFT

aircraft intercepted by another aircraft shall immediately

follow the instructions given by the intercepting aircraft, interpreting and responding to the visual signals;
notify - if possible - the appropriate ATSU
attempt to establish radio communication with the intercepting aircraft or with the appropriate intercept control unit, by making a general call on the emergency frequency 121,5 MHz, giving the identity of the intercepted aircraft and the nature of the flight, and - if no contact has been established and if practible - repeating this call on the emergency frequence 243 MHz;
if equipped with SSR, select mode A, Code 7700, unless otherwise instructed by ATSY.

If RT instructions conflict with signals from intercepting aricraft by visual signs, request clarification while complying with visual instructions.

If RT instructions conflict with those given by intercepting aircraft, request clarification while comply with instructions from intercepting aircraft.

TODO CHECK SIGNAL AND PHRASEOLOGY

UNLAWFUL INTERFERENCE

Unless situation dictates otherwise, attempt to continue flying assigned track and level until able to notify ATS unit

If forced to deviate without being able to contact ATS

attempt to broadcast warnings on VHF emergency frequency or appropriate, unless situation prohibits
follow specific procedure established and promulgated in Regional Supplemental Procedures; or
no applicable procedures are established, contine with a level different from cruising leven under IFR by
- 150m/500ft where vertical sep minima 300m/1000ft
- 300m/1000ft were 600m/2000ft