For the sake of completeness, it should be noted that the Bills of Sale Acts 1878 and 1882 allow seizure of an aircraft (or aviation asset) on the occurrence of certain events of default (as specified in the Acts) relating to a security bill of sale. International Aviation Authorities | Federal Aviation Administration A potential mortgagee of a registered aircraft can pre-register a mortgage with the CAA by entering a priority notice, utilising CAA Form CA1330 (obtained from www.caa.co.uk). Foreign-domiciled companies may operate in the UK without registering a UK company or branch. 2.1 Does registration of ownership in the aircraft register constitute proof of ownership? The CAA acts in the regulation of aviation without detailed supervision by the Government. It published the Joint Aviation Requirements (JAR), to create minimum standards across agencies. There are narrow exceptions to this general rule. It requires more systematic collection, use and retention of PNR data on air passengers, and therefore has an impact on the rights to privacy and data protection. The fact that it is written by practitioners, adds value."Prof. The requirement for improvement is now uncertain under English law. First and Business Class ticket passengers are less price-sensitive than Economy ticket users. 4.3 Does your jurisdiction have a notification system whereby parties to an agreement can obtain regulatory clearance/anti-trust immunity from regulatory agencies? 1.8 Do the airports impose requirements on carriers flying to and from the airports in your jurisdiction? They did note that if the passenger had displayed this behaviour before or during boarding, it should not be classified as an extraordinary circumstance, as the pilot has authority to refuse a passenger from boarding or to ask them to disembark. where the value of the turnover in the UK of the enterprise being taken over exceeds 70 million. Regulators exercise regulatory or supervisory authority over a variety of endeavours. Please note, if you use information and guidance under the Headings, the references to EU regulations or EU websites in our guidance will not be an . The airport operator is responsible for ensuring that the landing ground and runway remain clear of unmarked and unlit obstructions pursuant to the Air Navigation (Consolidation) Order 1923. In addition, and by way of further potential protections, if it can be demonstrated to the court that a risk exists or that the relevant aircraft is treated in a way which frustrates the rights of a mortgagee or lessor (for example, removal by an operator of the aircraft from the jurisdiction or by a clear and material degradation of the condition of the aircraft in the circumstances), it is possible to apply to the court, on an expedited basis, for an interim injunction ordering detention of the aircraft by the mortgagor/lessee until judgment regarding repossession of the aircraft has been given by the court. Alternative dispute resolution | Civil Aviation Authority The details of those . 866.835.5322 (866-TELL-FAA) Contact Us. For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to? Travelport, Amadeus, Sabre, etc. What we do Airlines UK is the trade body for UK registered airlines, with members representing all sectors of the industry. 3770, paragraph 196). 3280, paragraph 158 (j); Lufthansa/SNAirholdings, Case COMP/M. We use some essential cookies to make this website work. Unit 4: Inter-relationships Within the UK Aviation - Edexcel 1.11 Are there any specifically environment-related obligations or risks for aircraft owners, airlines, financiers, or airports in your jurisdiction, and to what extent is your jurisdiction a participant in (a) the EU Emissions Trading System (EU ETS) or a national equivalent, and (b) ICAOs Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)? Civil disputes concerning personal injury or property damage may be pursued in the Queens Bench Division of the High Court or in the County Court in accordance with the criteria summarised below. 4.5 Please provide details of the procedure, including time frames for clearance and any costs of notifications. In such a case, however, competition rules particularly prohibiting abuse of a dominant position (section 18 CA 1998 and/or Article 102 TFEU) will prohibit any discriminatory charges for access to airport infrastructure, or denial of access where this affects trade and is not objectively justified. A CAA is a national regulatory body responsible for aviation. See, for example, the EU Regulations: 216/2008 (as amended; Basic Regulation); 7/2013 (rules for airworthiness of aircraft and products and certification of design and production organisations); 1321/2014 (continuing airworthiness and approval of involved organisations and personnel); 2015/445 (aircrew); and 859/2009 (EU-OPS operating safety requirements and standards). Leases and other charges not constituting in rem rights in a G-registered aircraft (such as mortgages) cannot be registered, and there is no separate register maintained by the CAA for the registration of ownership rights in engines or parts. The rights must be extant (under the relevant security documents or lease) and clearly demonstrable to third parties if required. The General Data Protection Regulation (Regulation 2016/679) (the GDPR), the UK GDPR (as incorporated into UK law via the European Union (Withdrawal) Act of 2018) and the UK Data Protection Act 2018 (DPA 2018) govern the collection and use of personal data in the UK. Certain airports will require a licence to levy airport charges, and the CAA can impose such conditions on that licence as it deems necessary to promote competition (e.g. In recognition of the need for more immediate action, in June 2016 the EC published Interpretative Guidelines on the Regulation, to clarify the understanding of passenger rights in this area. Under the Civil Aviation Act 1982, the person managing or owning an aerodrome may detain an aircraft where its operator has not paid the applicable airport charges in respect of that aircraft, or of any other aircraft, which that operator operates. When the Brexit transition period ended on 31 December 2020, European trademark-holders were automatically granted cloned UK registrations. In relation to b), there are no documentary taxes (e.g. What is the hierarchy of aviation regulatory bodies? An appeal from factual findings is usually difficult to pursue. Any catch-all phrases such as any other cause beyond the partys reasonable control have to be read in the context of the entire clause, and it has been held that an economic downturn does not fall under this (Tandrin Aviation Holdings Ltd and Aero Toy Store LLC and others [2010]). There is very limited risk indeed that such a consequence will arise, subject to any considerations of a general nature which might arise as a result of the application of a reasonableness test under the Unfair Contract Terms Act 1977 (which would in turn be almost unheard of given the wide body of historical transacting and knowledge of terms and conditions which typify the aviation sector). Our regulatory approach | Civil Aviation Authority Civil proceedings which include a claim for damages in respect of personal injuries must not be started in the High Court unless the value of the claim is 50,000 or more. This is generally effective in providing an early warning of any potential detention or retention of a relevant aircraft, and in ensuring the timely termination of the relevant operating agreement before liens are enforced. 4.4 How does your jurisdiction approach mergers, acquisition mergers and full-function joint ventures? The EC based their decision on the fact that the Code no longer reflects market reality and that it may be revised in the future. Federal Aviation Administration. In October 2018, London Gatwick, the UKs second-busiest airport, published proposals to move its standby runway to use it for short-haul flights by the mid-2020s. To register aircraft on the United Kingdom Register of Civil Aircraft, a Form CA1 (see www.caa.co.uk) is submitted either by the owner or by the so-called charterer by demise (by virtue of a relevant loan, lease, hire or hire purchase) eligible to register in accordance with the Air Navigation Order 2009 [see Endnote 1]. The UK implements the relevant requirements by way of the legislation discussed below. A relevant merger situation under the UK merger rules arises where: With the exception of special cases of mergers involving newspapers, broadcasters or water companies, there is no obligation to notify proposed or completed mergers. Aviation Laws and Regulations United Kingdom 2022-2023 Where more than one airport in a city at one end of the route offers passenger air transport services, this must be assessed for market definition purposes. Under the UK GDPR there is now a mandatory obligation for an airline to notify the Information Commissioners Office (ICO the regulatory body in charge of the DPA) of a data breach under Article 33. Please note, if you use information and guidance under the Headings, the references to EU regulations or EU websites in our guidance will not be an . Subject to airport security implementing sufficiently rigorous safeguards and complying with relevant standards, it is not outside the realms of possibility that this technology could be used in a similar fashion within commercial airports and by commercial operators in the near future. covers common issues in aviation laws and regulations - including aircraft trading, finance and leasing, litigation and dispute resolution. 2.2 Is there a register of aircraft mortgages and charges? 2.8 Does your jurisdiction make use of any taxation benefits which enhance aircraft trading and leasing (either in-bound or out-bound leasing), for example access to an extensive network of Double Tax Treaties or similar, or favourable tax treatment on the disposal of aircraft? The CAA is responsible for administering air safety on a day-to-day basis, in its own capacity and for and on behalf of EASA. Since 2003, EASA is responsible for the certification of aircraft in the EU and for some European non-EU Countries. These are: Under the Climate Change Act 2008, the Department for Business, Energy and Industrial Strategy is responsible for setting carbon budgets for different industries. 4.13 Are the airport authorities governed by particular legislation? For example, the continued effects of coronavirus may not be seen as unforeseeable for new contracts made after the initial pandemic outbreak, therefore if the events defined in a force majeure clause must be unforeseeable, it could be argued that any coronavirus-related issues do not suspend obligations. Aviation Regulated Services - Met Office Brexit: aviation and travel regulation - Bird & Bird The AAIB is an independent part of the Department for Transport. 1.1 Please list and briefly describe the principal legislation and regulatory bodies which apply to and/or regulate aviation in your jurisdiction. The UK bodies are chiefly: the Secretary of State for Transport; and the Civil Aviation Authority (CAA). Any plans are subject to public consultation and the airport would have to apply for a development consent order for this proposal to go ahead. The Intellectual Property Enterprise Court (IPEC) is a specialist court that deals with lower-value or lower-complexity intellectual property disputes. In May 2013, the EC cleared a revenue-sharing joint venture focusing on transatlantic passenger routes (in particular, Frankfurt-New York), accepting binding commitments from Star Alliance members Air Canada, United and Lufthansa (COMP/39595 Continental/United/Lufthansa/Air Canada). The judgment provides much-needed clarity on which contractual wording covers losses resulting from the pandemic. There are no collateral rights of enforcement as a matter of law without a court order, and accordingly the exercise of such rights on a self-help basis usually requires the person in possession or control of the aircraft (or aviation asset) to cooperate with that exercise. This case reaffirms the CAAs decision to take enforcement actions against airlines in relation to passenger compensation. Before a newly developed aircraft model may enter into operation, it must obtain a type certificate from the responsible aviation regulatory authority. Some of the principal pieces of domestic UK legislation are: Her Majestys (HM) Government, from time to time, appoints commissions to investigate certain aspects of the aviation industry, the most recent and highly publicised being the Airports Commission into the expansion of Londons airport capacity, which was chaired by Sir Howard Davies and issued its final report in July 2015. trademarks) and other assets and data of a proprietary nature? Dr. Rieme-Jan Tjittes - BarentsKrans, 2002-2023 Copyright: ICLG.com | Privacy policy | Cookie policy, Prof. Dr. Rieme-Jan Tjittes - BarentsKrans. This includes what is intended to happen with the aircraft or aviation asset following a default by the lessee, and there is little prospect of a lessee successfully arguing that it has inadvertently obtained an interest in the property of a third party. trading) of aircraft in England and Wales. The Passenger Name Record Data and Miscellaneous Amendments Regulations 2018, which came into force on 25 May 2018, implemented the PNR Directive in the UK. At the national level, codeshare cases were investigated by the Italian National Competition Authority (see the Alitalia/Volare case and the Alitalia/Meridiana case). This is a market power test, requiring that there should be effective competition outside of the joint venture. Some intellectual property disputes may be heard initially by the IPO. Dont include personal or financial information like your National Insurance number or credit card details. There is not a statutory definition of a force majeure event, but these typically include provisions for issues such as the weather (flood, drought, earthquake or other natural disaster), terrorist attacks and war, governmental acts, and most fittingly for the current environment, pandemics and epidemics. Airlines must ensure that a clearly legible and visible notice containing prescribed wording is displayed to passengers at check-in, and must provide passengers affected by denied boarding with a notice setting out the rules for compensation. The creditor will have to demonstrate, inter alia, that there is a real risk of dissipation of the debtors assets other than in the usual course of the debtors business, and that the value of the debt is commensurate with that of the aircraft. 4.1 How does your jurisdiction approach and regulate joint ventures between airline competitors? international standards developed by ICAO, such as and including ICAOs Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA); legislation from the EC, although following expiry of the Brexit transition period a new UK Emissions Trading System (UK ETS) came into force replacing the UKs participation in the EU ETS such that both now have relevance to aviation operations in the UK; national legislation from Parliament and administered by government departments such as the Department for Trade, the Department for the Environment, Food and Rural Affairs (DEFRA), and the Department for Energy and Climate Change. It is also worth noting that by adopting the Alternative A insolvency regime (with a 60-day waiting period for the asset to be returned to the creditor), the UK has furthermore decided to grant additional protection to financiers and lessors in a debtor insolvency scenario. There have been recent developments in relation to Regulation 261 in case law. In addition, the CAA advises the UK Government on aviation issues, represents consumer interests, conducts economic and scientific research and produces statistical data. We formulate opinions and engage with [] Drone-related offences are punishable by up to five years imprisonment. The ICO issued the first UK enforcement notice under the GDPR in July 2018 on a Canadian data company. In practice, this is not a commonly used doctrine as there is a very high threshold to prove it. The headquarter is in Montreal, Canada, and there are 7 regional offices. As a general rule, an arbitrator has the same powers as any court, and an arbitral tribunals decision is binding. This Regulation establishes the rules on compensation and assistance to passengers in the event of denied boarding, long delay of flights, and cancellation. The Consumer Protection Act 1987 and the Consumer Rights Act 2015 apply to aviation-related matters, providing a cause of action to a passenger against a manufacturer. The United Kingdom was a signatory to the Geneva Convention in 1948 but has not ratified it. In addition, as much of the aviation law in the UK stems from the EU, it will be important to keep a close eye on the development of plans post-Brexit. If the clause does not explicitly address costs being recoverable in the occurrence of a triggering event, the general common law position is that costs are not recoverable. Some types of aviation contracts, such as operating leases and aircraft charter agreements, are more likely to contain force majeure clauses. Airport charges means: (a) charges levied on operators of aircraft in connection with the landing, parking or taking-off of aircraft at the airport (but excluding charges for air navigation services and certain penalties in connection with aircraft noise and vibration caused by aircraft); and (b) charges levied on aircraft passengers in connection with their arrival at, or departure from, the airport by air. Nevertheless, for the time being the United Kingdom is signatory to a number of Double Tax Treaties with other nations, the effect of which varies but which typically reduces the rate of withholding taxes payable in various jurisdictions of tax residency on outbound operating lease and finance lease rentals, as well as loan repayment interest, connected with the financing of aircraft assets. In certain circumstances, these rights of detention will also include a power of sale of the relevant aircraft, or attach to the rest of the operating fleet of which the aircraft is a part despite different ownership. There are numerous other obligations imposed upon an airport operator by law of application not limited to aviation; for example, concerning employment, health and safety and disability discrimination. Remedies vary depending on the nature of the dispute. it complies with the provisions on good repute as specified in Article 7 of the Regulation. Professional associations also act to regulate their memberships. These pages are undergoing reviews and updates.
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