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Aviation Law 2019 7Th Edition ICLG The International Comparative Legal Guide to: Aviation Law 2019 7th Edition A practical cross-border insight into aviation law Published by Global Legal Group, with contributions from: AEROHELP Law Office K&L Gates LLP Arias, Fabrega & Fabrega Kabraji & Talibuddin ASBZ Advogados Katten Muchin Rosenman UK LLP Azmi & Associates Kreindler & Kreindler LLP Banwo & Ighodalo Kubes Passeyrer Attorneys at Law Cervantes Sainz, S.C. Lakshmikumaran & Sridharan Christodoulou & Mavrikis Inc. LeClairRyan PLLC Clyde & Co Monard Law Dentons Canada LLP Mori Hamada & Matsumoto Dingli & Dingli Law Firm Studio Pierallini Freidenberg, Freidenberg & Lifsic The Maples Group Furtună și Asociații Urwantschky Dangel Borst PartmbB Gongora Reina & Associates VISCHER AG Gross Orad Schlimoff & Co. (GOS) Weerawong, Chinnavat & Partners Ltd. Ince & Co LLP IUNO The International Comparative Legal Guide to: Aviation Law 2019 General Chapters: 1 The Use of Personal Data in the Commercial Aviation Industry – Alan D. Meneghetti & Yasmin Roland, Katten Muchin Rosenman UK LLP 1 2 Investing in Mid-Life Aviation Assets – Philip Perrotta, K&L Gates LLP 6 Contributing Editors 3 EU Law: Passenger Rights & Protections – Anna Anatolitou, Ince & Co LLP 11 Alan D. Meneghetti, Katten Muchin Rosenman UK LLP 4 Compensation for Non-Pecuniary Losses in Wrongful Death Cases: Addressing the Global and Philip Perrotta, K&L Inconsistency – Marc S. Moller & Justin T. Green, Kreindler & Kreindler LLP 16 Gates LLP 5 Regulations on Drone Flights in Japan – Hiromi Hayashi & Koji Toshima, Mori Hamada & Matsumoto 21 Sales Director Florjan Osmani 6 WALA: 10 Years of Growth in the Airport Sector – Alan D. Meneghetti & Michael Siebold, Account Director Worldwide Airports Lawyers Association (WALA) 25 Oliver Smith Sales Support Manager 7 Liability for Damage in International Civil Aviation from a GNSS Perspective – Pablo Mendes de Leon, Toni Hayward Leiden University 28 Sub Editor Jane Simmons Country Question and Answer Chapters: Senior Editors Rachel Williams 8 Argentina Freidenberg, Freidenberg & Lifsic: Elizabeth Mireya Freidenberg 33 Caroline Collingwood CEO 9 Austria Kubes Passeyrer Attorneys at Law: Dr. David Kubes & Mag. Tina Vollmann 42 Dror Levy 10 Belgium Monard Law: Birgitta Van Itterbeek & Tine Bogaerts 49 Group Consulting Editor Alan Falach 11 Brazil ASBZ Advogados: Guilherme Amaral & Beatriz Giacomini 58 Publisher Rory Smith 12 British Virgin Islands The Maples Group: Michael Gagie & Rebecca Lee 64 Published by 13 Canada Dentons Canada LLP: Robert Quon & Stacy Shields 71 Global Legal Group Ltd. 59 Tanner Street 14 Cayman Islands The Maples Group: Sherice Arman & Shari McField 79 London SE1 3PL, UK Tel: +44 20 7367 0720 15 Colombia Gongora Reina & Associates: Jorge Góngora 86 Fax: +44 20 7407 5255 Email: [email protected] 16 Denmark IUNO: Aage Krogh 93 URL: www.glgroup.co.uk GLG Cover Design 17 France Clyde & Co: Maylis Casati-Ollier & Benjamin Potier 99 F&F Studio Design 18 Germany Urwantschky Dangel Borst PartmbB: Rainer Amann & Claudia Hess 108 GLG Cover Image Source iStockphoto 19 India Lakshmikumaran & Sridharan: Neeraj Dubey & Rohit Subramanian 117 Printed by Stephens & George 20 Ireland The Maples Group: Donna Ager & Mary Dunne 126 Print Group January 2019 21 Israel Gross Orad Schlimoff & Co. (GOS): Omer Shalev 137 Copyright © 2019 22 Italy Studio Pierallini: Laura Pierallini & Francesco Grassetti 146 Global Legal Group Ltd. All rights reserved 23 Japan Mori Hamada & Matsumoto: Hiromi Hayashi 155 No photocopying 24 Malaysia Azmi & Associates: Norhisham Abd Bahrin & ISBN 978-1-912509-51-5 Nazran Arvind Bin Nahdan Rengganathan 164 ISSN 2050-9839 25 Malta Dingli & Dingli Law Firm: Dr. Tonio Grech 173 Strategic Partners 26 Mexico Cervantes Sainz, S.C.: Luis A. Cervantes Muñiz & Alejandro Zendejas Vázquez 180 27 Nigeria Banwo & Ighodalo: Kashimana Tsumba & Tenilola Olowu 187 28 Pakistan Kabraji & Talibuddin: Syed Ali Bin Maaz & Mubeena Sohail Ellahi 194 29 Panama Arias, Fabrega & Fabrega: Roy C. Durling & Sofía J. Cohen 203 PEFC Certified 30 Romania Furtună și Asociații: Mihai Furtună & Ioana Anghel 209 This product is from sustainably managed forests and controlled sources 31 Russia AEROHELP Law Office: Oleg Aksamentov & Ilona Tsimbal 218 PEFC/16-33-254 www.pefc.org Continued Overleaf Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720 Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. WWW.ICLG.COM The International Comparative Legal Guide to: Aviation Law 2019 Country Question and Answer Chapters: 32 South Africa Christodoulou & Mavrikis Inc.: Chris Christodoulou & Antonia Harrison 227 33 Sweden IUNO: Aage Krogh 235 34 Switzerland VISCHER AG: Urs Haegi & Dr. Thomas Weibel 241 35 Thailand Weerawong, Chinnavat & Partners Ltd.: Nattaporn Pengkul 250 36 United Kingdom Katten Muchin Rosenman UK LLP / K&L Gates LLP: Alan D. Meneghetti & Philip Perrotta 256 37 USA LeClairRyan PLLC: Diane Westwood Wilson & Rebecca Tingey 270 Chapter 36 United Kingdom Alan D. Meneghetti Katten Muchin Rosenman UK LLP / K&L Gates LLP Philip Perrotta the UK. It also has concurrent powers with the Competition and 1 General Markets Authority (“CMA”) to enforce competition law in relation to air traffic services and airport operation services. 1.1 Please list and briefly describe the principal Legislation legislation and regulatory bodies which apply to and/ As with its EU neighbours, legislation is a mix of local law, or regulate aviation in your jurisdiction. international treaties and EU Regulations and directives. Some of the principal pieces of domestic UK legislation are: Regulatory Bodies ■ Civil Aviation Act 1982 (as amended). There are a number of bodies which have the authority to regulate, ■ Civil Aviation Authority Regulations 1991 – Statutory administer and control civil aviation. The UK bodies are chiefly: Instrument No 1672 1991. the Secretary of State for Transport; and the Civil Aviation Authority ■ Operation of Air Services in the Community Regulations (“CAA”). The European Aviation Safety Agency (“EASA”) has 2009 – Statutory Instrument No 41 2009. authority in respect of aviation safety regulation within European Union (“EU”) Member States pursuant to Regulations having direct ■ Air Carrier Liability (No 2) Regulations 2004 – Statutory Instrument No 1974 2004. application (see Regulation 216/2008). ■ Community Air Carrier Liability Order 2004 – Statutory The Secretary of State for Transport Instrument No 1418 2004. The Department for Transport (in exercising the authority of ■ Civil Aviation (Denied Boarding, Compensation and the Secretary of State for Transport) is the governmental body Assistance) Regulations 2005 – Statutory Instrument No 975 responsible for civil aviation. The Secretary of State has a general 2005. responsibility for organising, carrying out and encouraging measures ■ Civil Aviation (Insurance) Regulations 2005 – Statutory for the development of civil aviation and the related aviation Instrument No 1089 2005. industry, for the promotion of its safety and efficiency, for research ■ Civil Aviation Act 2006. into questions relating to air navigation, and for the safeguarding of ■ Civil Aviation (Provision of Information to Passengers) the health of persons on board aircraft. Regulations 2006 – Statutory Instrument No 3303 2006. The Secretary of State has statutory powers relating to aviation security ■ Civil Aviation (Access to Air Travel for Disabled Persons and (see, for example, the Aviation and Maritime Security Act 1990). Persons of Reduced Mobility) Regulations 2007 – Statutory Furthermore, the Secretary of State has responsibility for advising Instrument No 1895 2007. on, and where appropriate, implementing Orders of Council (made ■ Civil Aviation (Allocation of Scarce Capacity) Regulations by the Crown) to effect international obligations and standards in 2007 – Statutory Instrument No 3556 2007. UK domestic legislation. Lastly, Her Majesty’s (“HM”) Government, from time to time, The Civil Aviation Authority (“CAA”) appoints commissions to investigate certain aspects of the aviation The CAA is an independent body responsible for economic, safety industry, the most recent and highly publicised being the Airports and consumer protection regulation, and airspace policy. In addition, Commission into the expansion of London’s airport capacity, which the CAA advises the UK Government on aviation issues, represents was chaired by Sir Howard Davies and issued its final report in July consumer interests, conducts economic and scientific research and 2015. produces statistical data. The CAA acts in the regulation of aviation There has been much talk of the impact that Brexit will have and without detailed supervision by the Government. Under current what legislation will continue to apply in the UK once the UK has legislation, policy formation in route and air transport licensing left the EU. Directives which have been implemented into UK is the responsibility of the CAA, although the Secretary of State domestic legislation on the date of Brexit (at the
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