- NEWSDAY.CO.TT - A la Une - 03/Jul 03:37

The rule of law in civil aviation

This includes enforcement of national and international regulations, as well as sustainable oversight by the civil aviation authorities for continuing compliance with the international safety standards. Civil aviation is very complex, diverse and by its very nature – a highly regulated industry in the world. Most modern jet aircraft cruise at altitudes of seven miles above sea level at speeds of approximately 550 miles per hour. Should there be any untoward event during cruise, unlike with ground-based vehicles, the options are limited. The Convention on International Civil Aviation, commonly known as the Chicago Convention, became effective on April 4, 1947, and created the International Civil Aviation Organisation (ICAO). States that are signatories to the Chicago Convention have a serious treaty obligation to establish a legal framework for civil aviation safety. The primary aviation legislation and the specific operating regulations constitute the legal framework for regulating all civil aviation activities. Civil aviation resides in a rapidly changing technological, globalised and commercialised environment. This requires a robust safety oversight system in accordance with the eight critical elements established by the ICAO. This ensures the effective implementation of the safety-related standards, recommended practices and associated procedures contained in the annexes to the Chicago Convention. The eight critical elements for a state aviation safety oversight system are the primary aviation legislation; specific operating regulations; the establishment of a civil aviation authority; trained and qualified technical personnel; technical guidance for industry and technical personnel; certification procedures for air operators, aerodromes, aviation maintenance organisations and aviation training organisations; a continuous surveillance system and the resolution of safety issues. Key principles in the rule of law in civil aviation require laws and regulations to be clear, accessible and consistently applied, allowing aviation stakeholders to understand their rights and obligations. Individuals and organisations involved in aviation should be held accountable for their actions and omissions, particularly in cases of safety violations or misconduct. Aviation regulations should be enforced fairly, consistently and impartially, enabling all individuals and organisations to fair procedures and legal remedies. Within recent times, there has been an upsurge in global aviation accidents and serious incidents. Industry analysts are now questioning the role of state regulators in the aviation safety chain and the effectiveness of states continuous surveillance systems. [caption id="attachment_1164217" align="alignnone" width="878"] -[/caption] Continuous surveillance is required to proactively ensure that the holders of aviation licences, certificates, authorisations and approvals continue to meet the established requirements and function at the level of competency and safety required by the state to undertake an aviation-related activity for which they have been licensed, certified, authorised or approved to perform. There were two aircraft accidents which changed the landscape of safety oversight. The first accident on March 10, 1989, involved Air Ontario Flight 1363 operated by a Fokker F28-1000 twin jet aircraft on a passenger flight which crashed near Dryden, Ontario, Canada, only 49 seconds after takeoff from Dryden Regional Airport. The aircraft crashed because it was unable to attain sufficient altitude to clear the trees beyond the end of the runway, due to a buildup of ice and snow on the wings. The accident caused the deaths of 21 of the 65 passengers and three of the four crew members on board, including both pilots. Due to the public outcry about this accident, the Canadian government appointed Virgil P Moshansky, a Canadian judge, to head the judicial inquiry into the accident. Moshansky’s report showed that competitive pressures caused by commercial deregulation cut into safety standards and many of the industry's sloppy practices and questionable procedures placed the pilot in a very difficult situation. The aircraft should not have been scheduled to refuel at an airport which did not have proper equipment and neither training nor manuals had sufficiently warned the pilot of the dangers of ice on the wings of the Fokker F-28. Moshansky blamed Transport Canada for allowing Air Ontario to expand its fleet with larger and more complicated aircraft without detecting the deficiencies of its existing aircraft. After the crash of Air Ontario Flight 1363, many significant changes were made to the Canadian Aviation Regulations. The second accident on January 25, 1990, involved Avianca’s Flight 052 from Bogotá, Colombia, to JFK Airport, New York City, operated by a Boeing 707-321B aircraft that ran out of fuel after a failed attempt to land at JFK. The aircraft crashed onto a hillside in the small village of Cove Neck, New York, on the north shore of Long Island. Eight of the nine crew members and 65 of the 149 passengers on board were killed. Based on the concerns the FAA had about safety oversight by the Columbian airworthiness authorities and other countries that were sampled, it launched its International Aviation Safety Assessment (IASA) programme in 1992 to assess compliance with international safety standards by foreign countries with airlines that operate into the US. In 1999, ICAO issued the first edition of Doc 9734 – Safety Oversight Manual Part A. According to Doc 9784, third edition, "The maintenance of continued safe operations demands that a state establish and implement an effective and sustainable control and supervision system to ensure ongoing compliance by the licence, rating, certificate, approval or authorisation holders." Civil aviation authorities have the power to enforce regulations through various means, including fines, licence suspensions and legal action. Disputes arising from aviation activities are typically resolved through administrative processes, arbitration or court proceedings, depending on the nature of the dispute and applicable laws. The rule of law in civil aviation safety oversight creates a predictable, transparent and accountable system that promotes safety, security and efficiency, thereby preventing aviation accidents. Most commercial aircraft accidents result in civil litigation with airlines and governments paying out hundreds of millions of US dollars in compensation to the families of victims. The ICAO proactively co-ordinates the development of new standards and procedures to meet the challenges of the ever-evolving air transport industry. Accordingly, the ICAO continuously publishes amendments to the Annexes and associated guidance documents to enable States to amend their respective aviation laws, regulations and guidance documents.   The post The rule of law in civil aviation appeared first on Trinidad and Tobago Newsday.