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Ruwantissa Abeyratne Law and Regulation of Aerodromes Law and Regulation of Aerodromes This Is a FM Blank Page Ruwantissa Abeyratne Ruwantissa Abeyratne Law and Regulation of Aerodromes Law and Regulation of Aerodromes ThiS is a FM Blank Page Ruwantissa Abeyratne Law and Regulation of Aerodromes Ruwantissa Abeyratne Montreal Que´bec Canada ISBN 978-3-319-04779-9 ISBN 978-3-319-04780-5 (eBook) DOI 10.1007/978-3-319-04780-5 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014935059 © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com) Preface I began writing this book in mid-November 2013. At that time, super typhoon Haiyan had already caused landfall in the central Philippines. The typhoon hit landfall on Friday, November 8, killing several thousand people and leaving over a million homeless. The huge scale of death and destruction from the storm became clearer as reports emerged of thousands of people missing, and images showed apocalyptic scenes in towns that were not even reached by rescue workers in time. One of the most powerful storms ever recorded, typhoon Haiyan, levelled Basey, a seaside town in Samar province about 10 km across a bay from Tacloban in Leyte province, where at least 10,000 people were killed. Overall United Nations figures reflected that more than 11 million people were believed to have been affected and some 673,000 were displaced. Many States pledged support and assistance, which the United Nations estimated at 300 million or more. Aircraft kept coming with food, medical aid, and water, but to the wrong airport of Cebu, quite a distance away from Tacloban, where there was an airport but with a shorter runway than what Cebu International Airport had. If donor States had used C-130 aircraft which could land in Tacloban, the food, water, and other supplies could have got through to those in need in much less time. But the supplies were stranded in Cebu, with no internal infrastructure to get them in time to the starving and the thirsty who were drinking contaminated water just to survive. It is worthy of note that the 38th Session of the Assembly of the Interna- tional Civil Aviation Organization (ICAO), held at ICAO’s Headquarters in September/October 2013 adopted a Resolution which said, inter alia, that there is a need for future generations of aircraft to be designed so that they are capable of being operated efficiently, and with the least possible environmental disturbance, from aerodromes used for the operation of present-day aircraft. No one doubts that airports promote growth and development. They also provide connectivity with the outside world, particularly when tragedy hits. However, it is one thing to have an airport where aircraft could land bringing much needed supplies, but it is another thing entirely to ensure that the airport is close enough v vi Preface to the people of the community to be of some use. Regrettably, an earlier example of the Haiti earthquake in January 2010, where supplies sent in by generous donor States languished on the tarmac of the airport for several weeks, has seemingly not served as a planning tool for: those involved in ensuring disaster relief infrastruc- ture; those in the airport business; those providing relief flights who should have the foresight to send the proper aircraft types laden with supplies; and those expected to bring the aid to the destitute, and therefore are responsible for having land transport ready. In 2011 John Kasarda and Greg Lindsay published their book “Aerotropolis” which argues that cities of the future as well as their economies will be built and will function in close proximity to airports. Aerotropolis is a new urban economic phenomenon which is on the rise in the airport industry. It is an airport city which has a core and outlying area of aviation-oriented businesses and associated resi- dential developments. Being very similar to the traditional “metropolis” which is a contrived formation of a central city and commuter-linked suburbs, the aerotropolis will respond to a society’s demands for communications through speed and agility of multimodel transportation systems and sophisticated telecommunication systems. A functional aerotropolis will be optimized by corridor and cluster devel- opment of high-volume commercial activity facilitated through aero-lanes such as expressway links and aero trains linking the airport city to the airport itself. Infrastructure has also to be created for the smooth flow of buses, taxis, and trucks between the two points. Despite this uplifting vision the 38th Session of the ICAO Assembly (September/October 2013) noted that there was a low level of implementation of aerodrome certification, including Safety Management Systems (SMS) at airports among States. This was further corroborated by an analysis of the ICAO Universal Safety Oversight Audit Programme audit results that showed that a large number of audited States had not yet certified or established a process for the certification of aerodromes. Many audited States have not ensured that aerodrome operators implement an SMS as part of their aerodrome certification process. The title of this book involves aerodromes and not “airports.” In practical parlance and in usage these two terms are referred to interchangeably in this book, although there is a subtle difference in terminology since an airport is an area of land or water where aircraft land and take off and an aerodrome is defined in the ICAO Aerodromes Manual as “a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft.” One could come to the conclusion that an aerodrome is an area of land or water where aircraft land or take off and where aircraft are serviced and maintained. The inconsistency of usage is blatant and inexplicable where in the Convention on International Civil Aviation— the multilateral treaty which governs civil aviation—the word “airport” is used whereas Annex 14 to the Convention deals with “aerodromes.” However, for convenience and easy readership, this book will follow common practice and refer to the terms interchangeably to mean one and the same thing. Preface vii As the title denotes, this book will address legal and regulatory issues pertaining to the various aspects of the structure and functioning of an aerodrome and the complexities involved. This is my second book on airports. The first—Airport Business Law—was published in 2009. Montreal, QC, Canada Ruwantissa Abeyratne April 2014 ThiS is a FM Blank Page Contents 1 The Airport and the State ................................ 1 1.1 Introduction ....................................... 1 1.1.1 The Nature and Future of Airports .................. 7 1.1.2 Corporate Foresight . ......................... 15 1.1.3 Airport Planning . 17 1.1.4 Link with Air Transport . ........................ 20 1.1.5 Airports and Facilitation . ....................... 25 1.1.6 Flight Information Displays at the Airport . ........... 26 1.1.7 Regulatory Aspects of FIDS ...................... 27 1.1.8 Legal Aspects of FIDS . ....................... 29 1.2 Airports and Aviation System Block Upgrades .............. 33 1.2.1 GANP . 35 1.2.2 ASBUs ...................................... 36 1.2.3 Airport Capacity . .................... 37 1.2.4 Legal Issues .................................. 39 1.2.5 ASBUs and the Council of ICAO . 41 1.2.6 ASBUs and States .............................. 42 1.3 State Responsibility for Airports . ...................... 46 References ............................................ 51 2 Certification of Aerodromes ............................... 53 2.1 Introduction ....................................... 53 2.2 Annex 19 ......................................... 57 2.3 Manual on Certification
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