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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 26 Mexico Luis A. Cervantes Muñiz Cervantes Sainz, S.C. Alejandro Zendejas Vázquez 4. The Mexican Aeronautical Registry Regulations, which 1 General organise and regulate the activities of the Mexican Aeronautical Registry, as well as setting forth the faculties of the Director thereof. 1.1 Please list and briefly describe the principal legislation and regulatory bodies which apply to and/ 5. The Transport Medicine Service Regulations, which deal or regulate aviation in your jurisdiction. with the medical examination of aeronautical personnel. 6. The Ministry of Communications and Transport Interior Civil aviation law in Mexico is governed and regulated at a federal Regulations, which set forth the faculties and general level. The legislative bodies applicable to aviation at the first and activities of the General Bureau of Civil Aeronautics second tiers are: (Dirección General de Aeronáutica Civil – DGAC). 1. The Federal Constitution, which provides the legal framework 7. The Search, Rescue and Accident Investigation Regulations, from which the regulation of air transport derives. which deal with all steps of the procedure to be performed upon the occurrence of an air transport accident. 2. The Civil Aviation Law and the Regulations to the Civil Aviation Law, which regulate air transport, safety, security Various other regulations also apply to civil aviation, such as the and air traffic rights. Mexican Official Standards and the circulars issued and enforced by 3. The Airports Law and the Regulations to the Airports Law, the Aviation Authority. which regulate airport construction, operation, administration The principal regulatory body is the Ministry of Communication and the relationship between airports, users and service and Transport, through a dependent organism of the Undersecretary providers. These deal with specific matters such as the slot of Transport: the DGAC; in addition, certain general regulatory allocation procedures in congested airports. faculties fall within the legal scope of other administrative bodies 4. The General Law of Communication Means: this was the dependent on the Undersecretary of Transport through different prior governing law of air transport before the Civil Aviation agencies: the Mexican Airspace Navigation Services (Servicios a and Airports Laws were issued. It covers those aspects not la Navegación en el Espacio Aéreo Mexicano – SENEAM) with included in the Civil Aviation Law. respect to air navigation; the Airports and Auxiliary Services 5. The National Security Law, which regulates the interaction of (Aeropuertos y Servicios Auxiliares – ASA) with regard to jet fuel; air transport in national security matters. and specific airports which are dependent on these services. As a 6. The Federal Rights Law, which establishes the amounts to corollary, the Federal Antitrust and Competence Commission has be paid for each administrative procedure filed before the general faculties – not specific to aviation – to regulate competence Ministry of Communication and Transport. in given markets, including that of civil aviation. 7. The Federal Law of Administrative Procedure, which regulates the interaction between users and the aeronautical authority. 1.2 What are the steps which air carriers need to take in order to obtain an operating licence? 8. The Federal Law of Metrology and Standardisation: this law provides the general legal framework from which Mexican Official Standards derive. There are various categories of air transport service. In general terms, for a carrier to obtain the necessary authorisations to operate In addition, there are specific Regulations which are also applicable: into and out of Mexico, evidence of compliance with four capacities 1. The Technical Aeronautical Schools Regulations, which must be filed before the authority. Such capacities are: (i) legal regulate aviation schools. capacity, in order to evidence the legal existence and full capacity of 2. The Civil Aircraft Operations Regulations, which deal with the carrier; (ii) administrative capacity, which refers to the capacity
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