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AVIATION LAW

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    • #112583 Reply
      ritu raj JNU
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      Worldwide Airport Slot Guidelines

      The Worldwide Airport Slot Guidelines (WASG) are the foundation upon which the global slot allocation process works for the benefit of airlines, airports and consumers. The WASG is jointly published by IATA, Airports Council International (ACI) and the Worldwide Airport Coordinators Group (WWACG). The WASG is built on the pillars of transparency, flexibility, certainty, consistency and sustainability.

      From 1 June 2020 the WASG is jointly published by IATA, Airports Council International (ACI) and the Worldwide Airport Coordinators Group (WWACG). The WASG is the result of airport operators, airlines and slot coordinators working together to modernize and improve the slot guidelines.

      Thanks to continual update and revision, the WASG represents the globally accepted best practice and ensure that slots at capacity-constrained airports around the world are independently allocated to airlines using consistent policies, principles and processes.

      Objectives of the WASG

      The prime objective of airport slot coordination is to ensure the most efficient declaration, allocation and use of available airport capacity in order to optimize benefits to consumers, taking into account the interests of airports and airlines.

      To facilitate consumer choice of air services, improve global connectivity and enhance competition at congested airports for passengers and cargo.
      To provide consumers with convenient schedules that meet demand, are consistent from one season to the next, and reliable in terms of their operability.
      To ensure that slots are allocated at congested airports in an open, fair, transparent and non-discriminatory manner by a slot coordinator acting independently.
      To realize the full capacity potential of the airport infrastructure and to promote regular reviews of such capacity and demand that enable effectual capacity declarations for slot allocation on a seasonal basis.
      To balance airport access opportunities for existing and new airlines.
      To provide flexibility for the industry to respond to regulatory and changing market conditions, as well as changing consumer demand.
      To minimize congestion and delays.

    • #112584 Reply
      ritu raj JNU
      Guest

      Managing temporary reductions of airport capacity

      WASB best practice paper

      Introduction

      Competent Authorities may introduce measures that temporarily reduce the available capacity of airports (e.g. as a result of the COVID-19 pandemic). This paper provides guidance to manage temporary reductions of airport capacity announced after the confirmation of seasonal capacity parameters. All guidance is complementary to the Worldwide Airport Slot Guidelines.

      Principles of temporary airport capacity reductions

      1. The Competent Authority will explain the rationale for the revised airport capacity parameters and provide them to the Coordinator as soon as practical after having consulted with the Coordination Committee or equivalent body.
      2. In the consultation with the Coordination Committee or equivalent body, the Competent Authority will advise the period impacted. If a Coordination Committee or equivalent body does not currently exist, it should be created to encourage open communication between all relevant stakeholders.

      3. All stakeholders are encouraged to consider the use of innovative solutions or technologies to limit the need for temporary capacity reductions when possible.

      4. Any mandatory schedule reductions must be spread across all affected airlines that utilise the affected infrastructure, in a fair, transparent, and non-discriminatory manner by a slot coordinator acting independently. Coordinator

      5. If advance notice regarding an upcoming temporary airport capacity reduction is received, the Coordinator will immediately put in place measures to prevent new slot requests from being processed until the revised capacity parameters are received. Online portals, if they are used, may be temporary disabled or message filters used to prevent Slot Clearance Requests (SCR) from being automatically processed. The use of online portals is encouraged to increase transparency for all stakeholders.

      6. The Coordinator will give an indication of the required reductions by carrier as soon as possible after the revised capacity parameters are received. The reference date used for the schedule reduction will depend on the timing of the temporary reduction of airport capacity:
        a) If the revised capacity parameters are received after the Historic Baseline Date (HBD), schedule
        reductions will be based on slot allocations held seven days after the revised capacity parameters are
        published;
        b) If the revised capacity parameters are received after the publication of the seasonal capacity
        parameters but before or at the Historic Baseline Date (HBD), schedule reductions will be based on slot allocations held at the Historic Baseline Date (HBD).

      7. The required schedule reductions will be measured based on a defined time period where congestion occurs and/or as a total per day, providing that a fair distribution of cancellations across carriers is ensured.

      8. The required schedule reduction will also consider as a reference the percentage share held by a carrier at the Slot Allocated Listing (SAL). For example, if carrier A held 70% of capacity in the 0900 hour at initial coordination then they should hold 70% of the reduced capacity in the same hour after the capacity reduction, whenever feasible. When slots are allocated for a specific terminal, the reduction may only apply to carriers operating in the said terminal if relocation is not possible.

      9. The Coordinator will aim to satisfy as much demand as possible based on the revised capacity parameters and treat all types of service equally. In this regard, the Coordinator should explore proactively any viable solution to avoid schedule reductions by means of proposing minor schedule adjustments to the airlines.

      10. The Coordinator may consider consultations with the Coordination Committee or equivalent body if further guidance regarding the reallocation of capacity is required. For example, applying a strict percentage may not be possible if a carrier only holds one pair of slots per day.

      11. All carriers will be given an opportunity to retime flights if so required. The Coordinator will advise a date that retime requests should be submitted. After this date, the Coordinator will process the requests to ensure a fair distribution across carriers. After this process has been completed, all subsequent changes will be processed on a first come, first served basis.

      12. Any increase in available capacity should be allocated fairly across all carriers impacted by reductions. Priority should be given to those impacted by the greatest proportional reductions as a result of their limited operations at the impacted airport.

      13. For the purpose of transparency, the Coordinator will publish on its website:
        a) The temporary capacity parameters, including supporting analysis.
        b) The total number of slots/seats that need to be cancelled
        c) Details of the required reductions by carrier
        d) Compliance in adhering to the temporary capacity reduction by carrier Airline

      14. The Airline will decide which flights to cancel or retime into available capacity to meet the reduction in airport
        capacity. For reductions in passenger throughput limits, the airline may choose to meet the restriction in other
        ways, for example by capping the aircraft seat capacity instead of cancelling a flight.

      15. Cancellations due to the temporary airport capacity reduction should only be sent to the Coordinator after the
        Historic Baseline Date (HBD) once the final reduction requirements are distributed. Should the temporary capacity reduction be announced post-HBD, carriers should send cancellation messages at the earliest opportunity and as agreed with the Coordination Committee or equivalent body and any applicable regulation.

      Airport

      1. The Airport Operator will balance capacity with demand and regularly communicate with the Coordination Committee or equivalent body. Where possible, lead times and preparations to open facilities should be shared with relevant stakeholders.

      Historic precedence

      1. Slots cancelled as a result of temporarily reduced capacity parameters should be treated as justified nonutilization at both ends of the route and considered as operated to ensure fair treatment in respect to the
        80:20 use-it or lose-it rule.
      2. Alleviation should only be granted to slots returned in advance of the planned operation. Conditions about a
        minimum level of anticipation required for slot returns might be applicable, subject to local legislation.
      3. New slots intended for operation but restricted by the reduction in capacity will be considered as operated,only when the reduction in capacity is advised after the Historic Baseline Date (HBD).
      4. New slots allocated after the temporary reduction in airport capacity will initially be allocated on a non-historic basis. If operated in compliance with the 80:20 rule, the coordinator will consider these for historic precedence as per WASG 8.7.1.d. If the slots are deemed eligible for historic precedence, they will be included in the Slot Historic List message (SHL), subject to available capacity.

      Slot monitoring

      1. Carriers are required to return slots that they do not intend to operate as soon as possible so they can be allocated to other carriers. Late return of slots that are not intended for use may prevent the application of any alleviation of the 80:20 use-it or lose-it rule to the series concerned.
      2. The Coordinator will review any failure to operate to the times allocated in line with WASG chapter 9 and any
        local legislation and/or sanction schemes in place in the relevant jurisdiction.
        Level 1 and 2 Airports
      3. Mandatory capacity reductions may result in demand being constrained at Level 1 and Level 2 airports. The consistent implementation of equivalent principles to those detailed in this paper should apply. For example:
        a. Schedules cancelled as a result of temporarily reduced capacity parameters should be treated as
        operated at both ends of the route to ensure fair treatment in respect to future equivalent season
        schedule facilitation priorities. Schedules will not be considered as operated if schedules are not
        operated or cancelled in advance of the planned flight.
    • A temporary change of coordination level could be required if demand exceeds the available capacity as a result of the temporary reduction. These cases should be managed as per WASG 6.7.

    • SOURCE: WASB best practice paper, 17 July 2020

  • #112585 Reply
    ritu raj JNU
    Guest

    IATA Standards for Airport Capacity Analysis

    Section 6 of the Worldwide Airport Slot Guidelines provides guidance on demand and capacity
    management, the process that should be followed before the category of an airport is changed,
    for example from Level 2 to Level 3, or the removal of coordination. Central to this process is the
    completion of a thorough demand and capacity analysis.

    A thorough demand and capacity analysis should examine the critical subsystems of the airport in
    question and consider the possibilities of removing the capacity constraints through infrastructure
    improvements or operational changes, with estimates of time and cost required to resolve the
    problems.

    For further details on capacity analyses, please contact: Head of Worldwide Airport Slots
    IATA
    Route de l’Aéroport 33, P.O. Box 416
    1215 Geneva 15 Airport
    Switzerland
    Telephone: +41 22 770 2907
    Email: slots@iata.org

  • #112586 Reply
    ritu raj JNU
    Guest

    Core Principles on Consumer Protection Under Aviation Law

     National and regional legislation should be consistent and in accordance with the international treaty regimes on air carrier liability, established by the Warsaw Convention 1929 (and its amending instruments) and the Montreal Convention 1999;

     National and regional legislation should not interfere with another States’ ability to make legitimate policy choices Passenger rights legislation, in accordance with the Chicago Convention 1944, should only apply to events occurring within the territory of the legislating State, or outside that territory with respect to aircraft registered there.

     Passenger rights legislation should allow airlines the ability to differentiate themselves through individual customer service offerings, thereby giving consumers the freedom to choose an airline that corresponds with their desired price and service standards. Governments should consider acknowledging voluntary industry commitments;
    government regulations should form the “lowest common denominator” and market forces should be allowed to determine additional standards of service levels.

     Passengers should have access to information on their legal and contractual rights and clear guidance on which regime applies in their specific situation;

     Passengers should have clear, transparent access to the following information:
    ₋ fare information, including taxes and charges, prior to purchasing a ticket;
    ₋ The airline actually operating the flight in case of a codeshare service;
     Airlines should employ their best efforts to keep passengers regularly informed in the event of a service disruption;

     Airlines will establish and maintain efficient complaint handling procedures that are clearly communicated to passengers;

     Airlines should assist passengers with reduced mobility in a manner compatible with the relevant safety regulations and operational considerations;

     Passenger entitlements enshrined in regulations should reflect the principle of proportionality and the impact of extraordinary circumstances;
    ₋ There should be no compromise between safety and passenger rights protection
     Safety-related delays or cancellations, such as those resulting from technical issues with an aircraft,should always be considered as extraordinary circumstances such as to exonerate air carriers from liability for such delays and cancellations;
    ₋ The industry recognizes the right to re-routing, refunds or compensation in cases of denied boarding and cancellations, where circumstances are within the carrier’s control;
    ₋ The industry recognizes the right to re-routing, refunds or care and assistance to passengers affected by delays where circumstances are within the carrier’s control;
    ₋ In cases where delays or disruptions are outside an airline’s control, governments should allow market forces to determine the care and assistance available to passengers;
    ₋ The responsibilities imposed by the regulator, related to both care and assistance as well as compensation,must be fairly and clearly allocated between the different service providers involved and should not impact on the contractual freedom of all service providers.

     Passengers should be treated comparably across transport modes, taking into account the particularities of each;

     Legislation should be clear and unambiguous

  • #112587 Reply
    ritu raj JNU
    Guest

    Aviation Training Courses (IATA)

    Subject Areas

    Airline Management courses
    Air Navigation Services courses
    Airline Operations and Quality courses
    Airport courses
    Cargo and Logistics courses
    Civil Aviation Authorities courses
    Dangerous Goods Regulations (DGR) courses
    Environment & Fuel courses
    Fares and Ticketing courses
    Finance and Accounting courses
    Ground Operations courses
    Law and Regulations courses
    Management and Leadership courses
    Safety courses
    Sales and Marketing courses
    Security courses
    Travel and Tourism courses


  • #112588 Reply
    ritu raj JNU
    Guest

    WILDLIFE PROTECTION

    Press Release No: 14
    Date: 15 March 2016

    Airlines are United for Wildlife

    London – On behalf of the aviation industry, the International Air Transport Association (IATA) signed a declaration aimed at reducing the illegal trafficking of wildlife and underlining the aviation industry’s commitment to sustainability.

    The interconnected air transport network is being exploited by criminal gangs to smuggle animals or their products from the killing field to the market place. The air transport industry can help stop this trade by providing additional intelligence to enforcement authorities about suspicious shipments.

    “I can think of few other causes that galvanize more interest and support across the global transport and logistics sectors than the challenge of wildlife trafficking, said Tony Tyler, IATA’s Director General and CEO.

    The ‘United for Wildlife’ initiative, created by the Royal Foundation of The Duke & Duchess of Cambridge & Prince Harry, invited representatives of the transport industry to Buckingham Palace to pledge their support. IATA, Airports Council International, the African Airlines Association and a number of individual airlines signed commitments aimed at raising awareness of the trafficking issue among passengers, and training staff to recognize and report suspicious packages and behavior.

    The initial focus of action will be on the trafficking of high-risk protected animals, specifically certain big cats, pangolins, and ivory products, on high-risk routes, particularly originating from or transiting through East Africa.

    “Today marks a step forward for environmental protection—a commitment that we take very seriously. In the 1990’s the industry came together to address noise. More recently we joined forces to manage our impact on climate change—committing as an industry to carbon-neutral growth from 2020 and to cut net emissions to half the 2005 levels by 2050. We now extend that commitment to playing an active role in reducing illegal trafficking of wildlife. We will collaborate in support of government enforcement authorities to put an end to this evil trade,” said Tony Tyler, IATA’s Director General and CEO.

    Cooperation with enforcement authorities and international conservation organizations such as the Convention on International Trade in Endangered Species (CITES) has already begun. Two awareness-raising workshops for airline and airport staff have been held at international airports in Nairobi and Bangkok. In addition, IATA joined the US Agency for International Development’s (USAID) Reducing Opportunities for Unlawful Transport of Endangered Species (ROUTES) Partnership. New guidance material for airlines has been published, and an IATA Environment Committee Wildlife Taskforce has been set up to monitor progress and provide advice on the next steps.

  • #112589 Reply
    ritu raj JNU
    Guest

    Date: 15 March 2016

    Remarks of Tony Tyler on the United for Wildlife Declaration, London, 2016


    Your Royal Highness, Lord Hague, distinguished guests, on this important occasion it is a pleasure to provide a few words on behalf of the International Air Transport Association’s 260 member airlines and the air transport industry of which they are a part.

    I can think of few other causes that galvanize interest and support, across the global transport and logistics sectors, than the challenge of wildlife trafficking.

    I would like to express the appreciation of the air transport industry to his Royal Highness for his dedication and commitment to this important cause and to Lord Hague for his skilled chairmanship.

    I would also like to recognize the special commitment and support of the CEOs of Emirates and Kenya Airways who served on the United for Wildlife Transport Task Force. In particular, I must recognize Sir Tim Clark. His drive and enthusiasm has been unwavering.

    As you can see from the global representation of the air transport sector—including airlines and airports—this work is inspiring a growing industry commitment.

    Air transport is a force for good—connecting people, linking businesses, broadening horizons, growing international understanding and catalyzing social and economic development.

    And with each of the 100,000 flights that will take off today we earn our license to grow with dedication to safety, security, efficiency and sustainability.

    Today marks a step forward on sustainability—a commitment that we take very seriously.

    In the 1990’s the industry came together to address noise. Today’s modern aircraft are 30% quieter than those at the turn of the century.

    More recently we joined forces to manage our impact on climate change—committing as in industry to carbon-neutral growth from 2020 and to cut net emissions to half the 2005 levels by 2050.

    Today, we extend that commitment to playing a proactive role in reducing the illegal trafficking of wildlife.

    The global air transport network is being exploited by wildlife traffickers. There are many examples of very sophisticated smugglers. Some travel in groups on convoluted routes. Others mis-describe shipments. Some carry contraband on their body in ingenious ways.

    Government enforcement authorities work hard to spot and stop these activities. But their window of observation is limited. Airlines signing on to the United for Wildlife Declaration will support their important work in several ways.

    Frist, we will raise awareness of the issue amongst travelers. Sir Tim has painted it on A380’s carrying the message across the Emirates global network. Materials are being prepared for airlines to share with their passengers in various ways throughout their journey. And by working together in the
    IATA Airline Wildlife Task Force, best practices are being spread across the industry.

    Second, it might not be top of mind, but there are safety concerns in this issue. To start, controlling illegal trade in wildlife helps keep passengers and crew safe while on board. We have several examples of sometimes dangerous surprises escaping luggage. These have been as small as scorpions or as large as crocodiles and baboons! And more broadly, public health benefits from controlling the movement of animals which may carry infectious diseases if not properly handled through quarantine procedures.

    Thirdly, we commit to raise awareness amongst airline staff through training sessions that help them to spot and report suspicious activity. In recent months we have worked with partnerships of airlines, airports and authorities from Kenya to Thailand. For these and many other countries, ensuring a sustainable environment for wildlife has the further benefit of preserving a tourism resource that supports many livelihoods.

    Lastly, all of this activity fits into a bigger picture of collaboration amongst industry and both national and global institutions. Through IATA, for example, airlines have a formalized relationship with the US Agency for International Development on a Partnership for Reducing Opportunities for Unlawful Transport of Endangered Species (ROUTES). The United for Wildlife initiative has added a new dimension to our work with the World Customs Organization which operates a critical reporting platform. And last year we deepened our cooperation with CITES, the UN body responsible for regulating the international trade in protected species. Last year IATA signed an agreement to work with CITES which is helping us to operationalize the spirit of the United for Wildlife Declaration.

    So my message today is that signing this United for Wildlife’s Buckingham Palace Declaration is not a one-off event for the airline industry. Cooperation and collaboration across the air transport industry in support of the important mission of government enforcement authorities is already happening in many areas. With today’s declaration we are moving our industry commitment to an even higher level.

    As I mentioned earlier, aviation is a force for good in our world. You can count on us to play a responsible role in helping authorities put an end to this evil trade.


  • #112590 Reply
    ritu raj JNU
    Guest

    Sustainable Aviation Fuels (SAF)

    SAF is a liquid fuel currently used in commercial aviation which reduces CO2 emissions by up to 80%. It can be produced from a number of sources (feedstock) including waste oil and fats, green and municipal waste and non-food crops. It can also be produced synthetically via a process that captures carbon directly from the air. It is ‘sustainable’ because the raw feedstock does not compete with food crops or water supplies, or is responsible for forest degradation. Whereas fossil fuels add to the overall level of CO2 by emitting carbon that had been previously locked away, SAF recycles the CO2 which has been absorbed by the biomass used in the feedstock during the course of its life.

  • #112591 Reply
    ritu raj JNU
    Guest

    Airline Liability

    Introduction

    Airlines have a number of responsibilities in relation to their passengers, cargo and luggage. International laws provide a world-wide system of standards and rules for air travel. In particular these laws provide minimum liability limits for the carriage of passengers, cargo and luggage in the event of death, injury, damage, delay or loss. These laws were first agreed and introduced worldwide in 1929.

    The first international law introduced, is known as the Warsaw Convention (1929). There have since been a number of changes and reviews to the original Warsaw Convention, including increases to the monetary liability limits. These amendments together with the original Warsaw Convention are known collectively as the Warsaw System. Over time the liability limits became outdated and were considered too low by present-day standards. In addition, the laws governing airline liability became fragmented and confusing, as some countries did not introduce all the various amendments to the original laws.

    The Montreal Convention (1999), titled the Convention for the Unification of Certain Rules for International Carriage by Air (pdf) amended the Warsaw System. It re-established a common set of the rules relating to the international carriage of passengers, luggage and cargo. The provisions of the convention include:

    Unlimited liability in the event of death or injury of passengers
    Advanced payments to meet immediate needs
    The possibility of bringing a lawsuit before the courts in the passenger’s principal place of residence
    Increased liability limits in the event of delay
    The modernisation of transport documents (electronic airway bills and tickets)
    The clarification of rules on the respective liability of the contractual carrier and the actual carrier
    The obligation for air carriers to maintain adequate insurance

    Special Drawing Rights (SDR)

    Under the Montreal Convention the liability limits are set in Special Drawing Rights (SDR) which are a mix of currency values established by the International Monetary Fund (IMF). The current value of an SDR in Euro is available on the IMF’s website. The liability limits are reviewed every 5 years.

    Travelling with EU airlines

    In order to standardise the liability of EU airlines (in the event of death or injury to passengers), member states of the EU introduced legislation in 1997 that ensured that the same limits were in place for all EU member states. EU Regulation 2027/1997, however, did not provide for damage, delay or loss of luggage. Liability limits for damage, delay or loss of luggage or cargo still relied on the 1929 Warsaw Convention.

    EU Regulation 889/2002 was introduced to amend the 1997 Regulation, and brought the EU states into line with the Montreal Convention. It standardised liability limits and legal defences in respect of European carriers, regardless of whether the accident happens on an international flight or a flight within the EU. Under this Regulation, an EU airline must be insured to a level that allows for all persons entitled to compensation to receive the full amount to which they are entitled. The airline must also provide each passenger with a written indication of the liability limit for the flight in respect of:

    Death or injury
    Luggage which is destroyed, lost or damaged
    Damage caused by delay
    Death or injury to passengers

    In the event of death, wounding or any other bodily injury, there is no financial limit on the liability of an EU airline for damages sustained. For damages up to 128,821 SDRs, the airline cannot contest claims for compensation. Above that amount, the airline can defend itself against a claim by proving that it was not negligent or otherwise at fault.

    If for example, you are injured or killed, the airline must make an advance payment to cover immediate economic needs within 15 days. In the event of death, this advanced payment must be at least 16,000 SDRs. However an advance payment does not constitute recognition of liability, and may be offset against any further payments.

    Any court action to claim damages must be taken within 2 years from the date the aircraft arrived or should have arrived.

    Lost or damaged luggage

    The airline is liable if your luggage is lost, destroyed or damaged:

    In the case of checked luggage, the airline is liable even if it is not at fault (unless the luggage is defective)
    In the case of unchecked luggage, it is only liable if it is at fault

    If your luggage has been damaged or destroyed, you must make a written complaint to the airline within 7 days. Your luggage is considered lost if it has not arrived within 21 days from the date it was supposed to have arrived. You should make a written complaint about your lost luggage as soon as possible after the 21 days.

    The airline is liable for destruction, loss or damages of up to 1,288 SDRs. You can choose to increase the liability limit by making a special declaration before checking in your luggage, and by paying a supplementary fee.

    Delayed passengers and luggage

    An airline is liable to pay for damages of up to 5, 346 SDRs if you are delayed. If your luggage is delayed, the airline is liable to pay for damages of up to 1,288 SDRs. The airline is not liable for damages where the airline took all reasonable measures or it was impossible to take such measure

    You must make a written complaint about your delayed luggage within 21 days of you receiving the luggage.

    More information on delayed flights is available in our document on compensation for overbooked, cancelled and delayed flights in the EU.

    Travelling with non-EU airlines

    The liability limits in various countries around the world can vary, this is due to the complex nature of laws governing airline liability. In countries that are covered by the Montreal Convention, the liability limits are the same as for EU airlines. Whether you would be entitled to an advance payment in the event of an injury or death (and how much), depends on the law of the country.

    You should get adequate travel insurance in advance of your journey. Before you travel you can also check the liability limits for the airline you are travelling with.


    SOURCE: GOVT IN IRELAND

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