Air /Aviation Law is an expanding field of study in India, which primarily consists of rules and legislations formulated on the lines of the International Treaties and Conventions, to which India is a party.
The International Civil Aviation Organization (ICAO), of which India is a member , allows for its member nations to have the prerogative of making their own laws and rules, which then have to be notified by them in ICAO’s Aeronautical Information Publication . This publication also has to provide for the information on the differences made in the national legislations with respect to the International Conventions/Treaties .
This paper critically analyses the Aviation laws prevailing in India in the light of the changing India Aviation Policy and International Aviation Regime .
Before delving into the specificities of the Legislations, it is important to understand the Indian Aviation Policy in this regard, as implemented by the Government of India.
The Civil Aviation Sector is given significant importance in India as it contributes significantly to the process of development of the country with as a result of enhanced productivity and efficiency in the movement of goods and services by providing access to safe, secure and affordable Air services and world class infrastructure facilities . Further, the vast geographical expanse and terrain of India makes air transport a necessity and not a luxury service as it is the fastest and safest mode of transport for relatively long distance .
Therefore India’s Civil Aviation Policy tries to address the discrepancies in the existing rules/acts within the Civil Aviation sector thereby aiming to remove the scope for different interpretations and instill cohesiveness in the implementat...
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...ENVIRONMENT (June 2011).
Supra note 39; See also S. V. Kibe, Indian plan for satellite-based navigation systems for Civil Aviation, Vol. 84, 11 CURRENT SCIENCE 1405-1411 (2003); Sisodia, A.K., Hota, J.K., Vora, N.J., Siddiqui, A., Sanandiya, H.C., Bera, S.C., Indian Plan for Satellite-Based Navigation Systems for Civil Aviation : Proceedings of the 16th International Technical Meeting of the Satellite Division of The Institute of Navigation, Portland, OR , p. 2795-2811 (2003).
See generally, European Joint Aviation Authorities, Introduction, available at http://www.jaa.nl/introduction/introduction.html.
See generally, Federal Aviation Administration, USA, available at http://www.faa.gov/about/.
See C.N. SHAWCROSS & K.M. BEAUMONT, AIR LAW , Chapter VI, X, XI (Butterworth and Co. Ltd.,1945); See also Grein v Imperial Airways Ltd, 1 KB 50 303 [1937]
Keen, M. and J. Strand (2007). "Indirect Taxes on International Aviation*." Fiscal Studies 28(1): 1-41.
After World War II there was an excess of aircraft and trained pilots in the United States, which significantly increase in private and commercial flights. An increase in the use of private aircraft and large passenger planes meant an increase in the possibly of aircraft safety incidents. Even though safety measures had been put in place to tend to large number of aircraft in the skies, in late 1950’s there were two unfortunate accidents that finally led to legislation that would be a major change to the world of aviation that affects us even today. The introduction of the Federal Aviation Act of 1958 spurred several changes in aviation that eventually led to the creation of the Federal Aviation Administration.
Elias, Bartholomew. "Aviation Security: Outlook." Issues: Understanding Controversy and Society. ABC-CLIO, 2014. Web. 2 May 2014.
...o, A. (2008), ‘Boeing , Tata Industries Announce India Joint Venture’, Industry Week. Available at: http://www.industryweek.com/articles/boeing_tata_industries_announce_india_joint_venture_15820.aspx [Accessed 20 March 2011].
The Principles of Natural Justice (PNJ) form the cornerstone of administrative law in India, in specific, and across existing legal systems in countries across the world, in general. In India, there has been no statutory limit that has been set within which the administrative agencies are supposed to exercise their decision making powers. This limit has been set by the Indian judiciary through various decisions over the years, through application of the PNJ.
...ll regulates several areas of aviation, such as flight crew and aircraft certification, maintenance, as well as the national airspace system. Slot management is also something that is regulated by a third-party group. In our capitalistic society, it is clear however that routes and fares are both items that are best driven by the market.
The main opportunities that the scheduled air transportation will have in the next five years are the possible decrease of TSA agents at airports, technology increasing the safety and comfort of the flights for the passengers and ...
Continued growth of air travel and recent advances in new technology for navigation, and communication have led to the proposals by FAA. Control air traffic on and within vicinity of airport and movement of air traffic between altitude sectors and control centers according to established procedures and policies. Authorize, regulate, and control commercial airline flights according to government company regulations and ensure flight safety. There should be air traffic controller which has all knowledge about air traffic control.
This chapter describes an experimental of using Iterative Least Square (ILS) with the application of GPS navigation base on Matlab programming software. The psuedorange and satellite position of a GPS receiver at fix location for a period of 812 seconds is provided.
Aviation has a huge environmental impact to the environment and society, the aircraft engines releases a noise that affects human life and the particulates and gases that are released from the aircraft engines contribute to climate change and increases the global warming. Despite the emission reductions from cars and more fuel-efficient and less polluting turbofan and turboprop engines, the rapid growth of air transportation in the recent years contributes to an increase in total pollution attributable to aviation. In the European Union, and increased greenhouse gas emissions from aviation increased by 87% between 1990 and 2006. Like any other form of public mass transportation that relies on resources that are extracted from the planet for e.g. Oil, and the airline cannot be considered sustainable in the long-term too. Because of the limited resources in which the Aviation relies on, it is more realistic to think how to improve the sustainability of the air transportation rather than achieving a sustainable development. Demand for air transport is growing constantly and, if this demand is to be met with all the benefits associated, the community or society must also accept the costs like; (Pollution, Aircraft noise, Environment change, risk, and resources consumption, etc.).
[7] Farrar (1998) chap. 7 [8] Salomon v Salomon [9] Lennards Carrying Co Ltd v Asiatic Petroleum Co.[1915] AC 153 [10] As occurred in Daimler v Continental Tyres [1915] 1 KB 893. [11] As quoted by F. Moghadam in QMWLJ 1 p36. [12] e.g. Gilford Motor Co. v Horne [1933] Ch.935 [13] S.213 [14] S.214 [15] D.H.N Food Distributors v Tower Hamlets L.B.C ([1976] 3 All ER 462) [16] [1983] 3 WLR 492. [17] cf.
The airline’s Wi-Fi-enabled flight is one of the most satisfying features of the customers (Belobaba, Odoni & Barnhart, 2009). The feature will serve to restore the lost glory of the Asiana airlines. The ethical issues involved in the customer experience aspect include the need for creation of a favorable environment through the provision of the woman only lavatory is a crucial ethical aspect, which ensures that the women are afforded the respect they deserve. In-flight connectivity is one of the greatest innovations many other airlines are trying to realize since it makes the experiences memorable. The air transport framework is a major financial complex, which incorporates aircraft, which execute traveler and cargo movement and air exercises, all aeronautical designing, specialists, which give operation of aircraft. The abnormal state of flight security of innovative flying machines depends both on the aircraft, and on capability and preparing for a team, which controls the aircraft. The utilitarian effectiveness of a aircraft is dictated by mechanical flawlessness, dependability, controllability, mobility, the furthermore high viability of an airframe, the motor, and the
... problem are under constant development and analysis, in a hope to avoid these situations. The civilian industry continues to lead in development due to commercialization, with the military not far behind. The only real deficiency in CRM program development seems to be the area of general aviation as described earlier. Until this problem is addressed, there will still be a glaring weakness in the general area of aviation safety. However, with the rate of technology increase and cheaper methods of instruction, we should begin to see this problem addressed in the near future. Until then, aviation will rely on civil commercial aviation the military to continue research and program development for the years to come, hopefully resulting in an increasingly safe method of travel and recreation.
‘ICAO Performance Based Navigation (PBN) Programme’, 2011, ICAO [Online] Available , Accessed 15 June 2011.
The Global Positioning System, more commonly called the GPS is a satellite based system that provides navigation for almost everything from cell phones to automobiles. This wonderful technology is very vital in today’s economy because of its prominence in banking, financial markets, power grids, farming, construction and so much more. It also protects human life by preventing accidents, helping in search and rescue missions and is critical to nearly every facet of military operations. There are three segments that make up the global positioning system: the space segment, the control segment and the user segment. The segment we are familiar with is the user segment. The user segment is what receives GPS signals, determines the distance between a satellite and a receiver and solves the navigation equations, all in order to obtain the coordinates of a specific place. The space segment consists of 31 satellites but there is an availability of at least 24 satellites that are approximately 6 000-12 000 miles above the earth.