Foundations of Aviation Law This Page Has Been Left Blank Intentionally Foundations of Aviation Law

Total Page:16

File Type:pdf, Size:1020Kb

Foundations of Aviation Law This Page Has Been Left Blank Intentionally Foundations of Aviation Law FOUNDATIONS OF AVIATION LAW This page has been left blank intentionally Foundations of Aviation Law MICHAEL W. PEARSON Arizona State University DANIEL S. RILEY © Michael W. Pearson and Daniel S. Riley 2015 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Michael W. Pearson and Daniel S. Riley have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the authors of this work. Published by Ashgate Publishing Limited Ashgate Publishing Company Wey Court East 110 Cherry Street Union Road Suite 3-1 Farnham Burlington, VT 05401-3818 Surrey, GU9 7PT USA England www.ashgate.com British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library The Library of Congress has cataloged the printed edition as follows: Pearson, Michael W., author. Foundations of aviation law / By Michael W. Pearson and Daniel S. Riley. pages cm Includes bibliographical references and index. ISBN 978-1-4724-4560-5 1. Aeronautics--Law and legislation--United States. I. Riley, Daniel S., 1979- author. II. Title. KF2400.P43 2015 343.7309'7--dc23 2014028897 ISBN 9781472445605 (hbk) ISBN 9781472445636 (pbk) ISBN 9781472445612 (ebk – PDF) ISBN 9781472445629 (ebk – ePUB) II Printed in the United Kingdom by Henry Ling Limited, at the Dorset Press, Dorchester, DT1 1HD Contents List of Figures vii List of Tables ix Preface xi List of Cases xiii List of Acronyms xv PART I FUNDAMENTAL PRINCIPLES OF LAW 1 Jurisprudence and US Legal History 3 2 The US Legal System 19 3 Types and Sources of Law 39 PART II ADMINISTRATIVE AVIATION LAW 4 Aviation Regulation 59 5 Enforcement Actions 81 6 Medical Certification 137 PART III AVIATION AND THE LAW 7 Aviation Accident Law 161 8 Aviation Criminal Law 191 9 Aviation Labor Law 223 PART IV AiRPORT LAW 10 Airport Zoning and Noise 235 11 Airport Ownership and Operation 251 12 Airport Development and Funding 261 VI FOUNDATIONS OF AVIATION LAW PART V AVIATION BUSINESS AND INSURANCE 13 Business Entities and Aircraft Transactions 275 14 Aviation Insurance 287 PART VI INTERNATIONAL LAW 15 International Aviation Law 307 Selected Bibliography 327 Index 329 List of Figures 2.1 The three levels of the federal court system 22 4.1 The FAA rulemaking process 66 5.1 Sample warning notice 90 5.2 Sample letter of correction 91 5.3 Remedial training letter and syllabus 93 5.4 Enforcement action flowcharts 98 5.5 Certificate of waiver or authorization 105 5.6 Letter of investigation 109 5.7 Enforcement decision process 114 8.1 ValuJet Flight 592 criminal indictment article 192 8.2 Criminal convictions for violating safety rules article 198 8.3 Pilots have limited privacy interest in FAA medical data article 218 9.1 Minor disputes 225 9.2 Major disputes 225 10.1 Apportionment of zoning authority between the city council, planning and development commission, zoning administrator, and the board of adjustment 236 11.1 Typical airport organizational structure 257 15.1 Organizational structure of the ICAO 310 This page has been left blank intentionally List of Tables 5.1 Risk assessment and action matrix 115 6.1 Medical certificate duration guide 140 12.1 Project eligibility for AIP funding 266 This page has been left blank intentionally Preface The ever-changing society in which we live requires a basic understanding of the law. Students who anticipate employment in the aviation field should have a working knowledge of the law as applied to aviation topics. We have writtenAviation Law in order to present the unique interaction of the law and aviation. While we speak to rudimentary international aviation law subjects, we suggest those interested in an in-depth study of international law refer to International Aviation Law: A Practical Guide, which is also published by Ashgate. Our primary goal is the publication of a textbook that provides an introduction to aviation law appropriate for the education of college-level students at the undergraduate and graduate levels as well as practitioners interested in a basic primer on aviation law subjects. The structure of the text provides the instructor with many options. The book starts with foundational legal material and then delves into specific aviation legal topics. In the event that the instructor is teaching a class of students with limited legal knowledge, a serial approach is suggested. For those only interested in the aviation subjects, we suggest starting at Chapter 4: Aviation Regulation. Law is dynamic and changes over time. However, the fundamentals remain remarkably stable. The US legal system has evolved over several hundred years and is rooted in concepts and processes that are thousands of years old. This text combines explanatory material and case opinions that serve to illustrate legal concepts as applied to aviation. Each chapter presents cases that have been selected in order to expand upon and illustrate the principles of law considered in the text. Cases are in an abbreviated format. In the event that a student or instructor would like to view the full opinion, case titles and citations have been provided. Contributing authors include practitioners in the field who lend a pragmatic flavor to the book. In particular, Gregory A. Pinnell, MD has added a practitioner’s view of medical certification in Chapter 6; Chris Bernard, Esq., a former student, helped immensely with the aviation insurance information found in Chapter 14; Cameron Cloar, Esq. and Laurel Lorenzini, Esq. former students and aviation lawyers, assisted with research and proofreading. Additional students contributed research and writing to various chapters. Finally, our family members, friends, and law partners made a sacrifice in allowing us to take valuable time away from the important things in life to draft this text. We owe them great thanks that cannot be adequately expressed through words alone. We welcome comments and criticism regarding the content and presentation of this book. Deciding content when writing a text is extremely difficult. We hope future editions take the reader’s wants and needs in mind. Please send any comments to Michael.pearson@ asu.edu or [email protected]. This page has been left blank intentionally List of Cases 1.1 Marbury v. Madison, 5 U.S. 137, 1 Cranch 137 (1803) 9 1.2 Guille v. Swan, 1 AVI 1 (NY Sup. Ct. 1822) 13 1.3 Greenman v. Yuba Power Products, Inc., 59 C2d 57 (1963) 14 2.1 American Airlines, Inc. v. City of Audubon Park, 297 F.Supp. 207 (1968) 25 2.2 Abdullah v. American Airlines, Inc., 181 F.3d 363 (1999) 26 2.3 Elassaad v. Independence Air, Inc., 613 F.3d 119 (2010) 27 2.4 Ickes v. Federal Aviation Administration, 299 F.3d 260 (2002) 29 2.5 A.L.A. Schechter Poultry Corp. v. US, 295 U.S. 495 (1935) 31 2.6 Pinney v. National Transportation Safety Board, 993 F.2d 201 (1993) 33 2.7 City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624 (1973) 35 2.8 British Airways Bd. v. Port Authority of New York, 558 F.2d 75 (1977) 35 3.1 New Hampshire Motor Transport Association v. Rowe, 448 F.3d 66 (2006) 43 3.2 Hadley v. Baxendale, 156 Eng. Rep. 145 (1854) 45 3.3 Aquila, L.L.C. v. City of Bangor, 2009 WL 902071 (2009) 46 3.4 Howell v. Alaska Airlines, Inc., 994 P.2d 901 (2000) 48 3.5 Abourezk v. New York Airline, Inc., 705 F.Supp. 656 (1989) 49 3.6 Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (1928) 50 3.7 Lindsay v. McDonnell Douglas Aircraft Corp., 460 F.2d 631 (1972) 51 3.8 Hughes v. Attorney General of Florida, 377 F.3d 1258 (2004) 54 4.1 Mistretta v. US, 488 U.S. 361, 372 (1989) 63 5.1 Smith v. Helms, Aviation Cases 16 Avi 18,307 (1982) 82 5.2 Go Leasing, Inc. v. National Transportation Safety Board, 800 F.2d 1514 (1986) 88 5.3 Garvey v. National Transp. Safety Bd., 190 F.3d 571 (1999) 100 5.4 Aerial Banners v. FAA, 547 F.3D 1257 106 5.5 Ferguson v. NTSB, 678 F.2d 821 126 5.6 Mendenhall v. NTSB, 92 F.3d 871 131 6.1 Petition of Paul H. Reder 146 6.2 Joseph Weiss, Jr. 147 6.3 United States of America v. James M. Culliton, 328 F.3d 1074 (2003) 152 7.1 Erie v. Tompkins, 304 U.S. 64 (1938) 162 7.2 Catchings v. City of Glendale, 154 Ariz. 420 (1987) 165 7.3 U.S. v. Johnson, 481 U.S. 681 (1987) 170 7.4 Baxley v. US, 767 F.2d 1095 (1985) 172 7.5 Ingham v Eastern Air Lines, Inc., 373 F.2d 227 (1967) 173 7.6 Getz v. Boeing, 654 F.3d. 852 (2011) 178 XIV FOUNDATIONS OF AVIATION LAW 7.7 Gilding v. Carr, 608 F.Supp.2d 1147 180 7.8 Helman v. Alcoa Global Fasteners, Inc., 637 F.3d 986 186 8.1 US v. Parker, 553 F.3d 1309 (2009) 213 10.1 Chanceford Aviation Properties, L.L.P. v. Chanceford Township Board of Supervisors, 923 A.2d 1099 (2007) 238 10.2 Kelo v. City of New London, 545 U.S. 469 (2005) 240 10.3 County of San Diego v. Bressi, 229 Cal. Rptr. 44 (1986) 242 10.4 City of Atlanta v. Watson, 475 S.E.2d 896 (1996) 245 11.1 Safeco Ins.
Recommended publications
  • WORLD AVIATION Yearbook 2013 EUROPE
    WORLD AVIATION Yearbook 2013 EUROPE 1 PROFILES W ESTERN EUROPE TOP 10 AIRLINES SOURCE: CAPA - CENTRE FOR AVIATION AND INNOVATA | WEEK startinG 31-MAR-2013 R ANKING CARRIER NAME SEATS Lufthansa 1 Lufthansa 1,739,886 Ryanair 2 Ryanair 1,604,799 Air France 3 Air France 1,329,819 easyJet Britis 4 easyJet 1,200,528 Airways 5 British Airways 1,025,222 SAS 6 SAS 703,817 airberlin KLM Royal 7 airberlin 609,008 Dutch Airlines 8 KLM Royal Dutch Airlines 571,584 Iberia 9 Iberia 534,125 Other Western 10 Norwegian Air Shuttle 494,828 W ESTERN EUROPE TOP 10 AIRPORTS SOURCE: CAPA - CENTRE FOR AVIATION AND INNOVATA | WEEK startinG 31-MAR-2013 Europe R ANKING CARRIER NAME SEATS 1 London Heathrow Airport 1,774,606 2 Paris Charles De Gaulle Airport 1,421,231 Outlook 3 Frankfurt Airport 1,394,143 4 Amsterdam Airport Schiphol 1,052,624 5 Madrid Barajas Airport 1,016,791 HE EUROPEAN AIRLINE MARKET 6 Munich Airport 1,007,000 HAS A NUMBER OF DIVIDING LINES. 7 Rome Fiumicino Airport 812,178 There is little growth on routes within the 8 Barcelona El Prat Airport 768,004 continent, but steady growth on long-haul. MostT of the growth within Europe goes to low-cost 9 Paris Orly Field 683,097 carriers, while the major legacy groups restructure 10 London Gatwick Airport 622,909 their short/medium-haul activities. The big Western countries see little or negative traffic growth, while the East enjoys a growth spurt ... ... On the other hand, the big Western airline groups continue to lead consolidation, while many in the East struggle to survive.
    [Show full text]
  • The Use of Voluntary Safety Reporting Programs by the Federal Aviation Administration
    COLLABORATING WITH INDUSTRY TO ENSURE REGULATORY OVERSIGHT: THE USE OF VOLUNTARY SAFETY REPORTING PROGRAMS BY THE FEDERAL AVIATION ADMINISTRATION A dissertation submitted to Kent State University in partial fulfillment of the requirements for the degree of Doctor of Philosophy by Russell W. Mills May 2011 Dissertation written by Russell W. Mills B.A., Westminster College, 2005 M.P.A, University of Vermont, 2007 Ph.D, Kent State University, 2011 Approved by _____________________ , Mark K. Cassell, Co-Chair, Doctoral Dissertation Committee _____________________, Renée J. Johnson, Co-Chair, Doctoral Dissertation Committee _____________________, Daniel Hawes, Committee Member _____________________, Issac Richmond Nettey, Outside Reader _____________________, Paul Farrell, Graduate Faculty Member Accepted by _____________________, Steven Hook, Chair, Department of Political Science _____________________, Timothy Moerland, Dean, College of Arts and Sciences ii TABLE OF CONTENTS LIST OF FIGURES ........................................................................................................... X LIST OF TABLES ............................................................................................................ XI ACKNOWLEDGEMENTS ............................................................................................. XII CHAPTER 1 INTRODUCTION AND LITERATURE REVIEW .................................... 1 1.1 Introduction ..............................................................................................................
    [Show full text]
  • Energy Laboratory Massachusetts Institute Of
    ENERGY LABORATORY MASSACHUSETTS INSTITUTE OF TECHNOLOGY Cambridge, Massachusetts 02139 THE U.S. SUPERSONIC TRANSPORT PROGRAM 1961-1971 An Examination in Search of Lessons for Current Energy Technology Commercialization Projects. by Beverly J. Bugos Working Paper MIT-EL 76-030WP December, 1976 PREPARED FOR THE UNITED STATES ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION Under Contract No. E(49-18) 2295 Task Order 6 "This report was prepared as an account of work sponsored by the United States Government. Neither the United States nor the United States ERDA, nor any of their employees, nor any of their contractors, subcontractors, or their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed, or represents that its use would not infringe privately owned rights." i PREFACE This paper was written as a background paper in support of the M.I.T. Energy Policy Study Group's report, "Government Support for the Commerciali- zation of New Energy Technologies; An Analysis and Exploration of the Issues" (M.I.T. Energy Laboratory Report No. MIT-EL 76-009, November, 1976). Like the other background papers, it examines a specific government program, historical or current, to draw lessons for present energy policies. ii TABLE OF CONTENTS PREFACE . * . i TABLE OF CONTENTS ...................... .... ii 1. INTRODUCTION ....................... 2. INITIATING THE PROGRAM ................. 4 2.1 Industry . 4 2.2 Government . 5 2.3 Management Problems of the SST Program ...... 8 3. CONTRACTUAL ARRANGEMENTS ................. .... 10 3.1 Initial Program Arrangements . .... 10 3.2 Modification in Cost-Sharing .
    [Show full text]
  • ANSV Italy Accident Boeing MD-87 SE-DMA and Cessna D-IEVX
    AGENZIA NAZIONALE PER LA SICUREZZA DEL VOLO (istituita con decreto legislativo 25 febbraio 1999, n. 66) Via A. Benigni, 53 - 00156 Roma - Italia tel. +39 0682078219 - 0682078200 - fax +39 068273672 FINAL REPORT (As approved by ANSV Board on the 20th of January 2004) ACCIDENT INVOLVED AIRCRAFT BOEING MD-87, registration SE-DMA and CESSNA 525-A, registration D-IEVX Milano Linate airport October 8, 2001 N. A/1/04 INDEX INDEX . I PURPOSE OF THE TECHNICAL INVESTIGATION. VII SYNOPSIS . VIII GLOSSARY. IX CHAPTER I - GENERAL INFORMATION . 1 1. GENERAL INFORMATION . 1 1.1. HISTORY OF THE EVENT . 1 1.1.1. Aircraft involved. 1 1.1.2. ATC situation . 4 1.1.3. Aircraft movement on the ground . 4 1.1.4. Collision. 7 1.1.5. MD-87 impact with the baggage building . 8 1.1.6. First alert . 9 1.2. INJURIES TO PERSONS . 11 1.3. DAMAGE TO AIRCRAFT . 11 1.3.1. Boeing MD-87 . 11 1.3.2. Cessna 525-A . 12 1.4. OTHER DAMAGE . 13 1.5. PERSONNEL INFORMATION . 13 1.5.1. Pilots . 13 1.5.1.1. Pilots of the Boeing MD-87 . 13 1.5.1.2. Pilots of the Cessna 525-A. 14 1.5.1.3. The status of the Milano Linate to Paris Le Bourget flight . 16 1.5.2. Cabin crew . 17 1.5.3. Air Traffic Controllers. 17 1.5.4. Fire brigade personnel . 20 1.5.5. Airport Civil Aviation Authority personnel (UCT-DCA) . 21 1.5.6. SEA station manager . 21 1.5.7.
    [Show full text]
  • Cost-Benefit Analysis of Two Similar Warm Standby Aircraft System
    International Journal of Recent Advances in Engineering & Technology (IJRAET) ________________________________________________________________________________________________ Cost-Benefit Analysis of Two Similar Warm Standby aircraft system subject to failure due to bad weather conditions and air traffic congestion; fog and wind deadliest air disasters caused by miscommunication Ashok Kumar Saini BLJS COLLEGE, TOSHAM (BHIWANI) HARYANA INDIA Email : [email protected] on human life. Here’s are the worst air crashes caused Abstract : In the technological world of modern air travel, there’s a certain irony in the fact that the majority of by miscommunication. aviation disasters are caused by human error. And one of Avianca Flight 52 (1990) the most common forms of error is miscommunication. Even if just one person makes a mistake, the repercussions can be catastrophic. In this paper we have taken failure due to bad weather conditions and air traffic congestion; fog and wind deadliest air disasters caused by miscommunication. When the main unit fails then warm standby system becomes operative. Failure due to fog and wind cannot occur simultaneously in both the units and after failure the unit undergoes Type-I or Type-II or Type-III or Type IV repair facility immediately. Applying the regenerative point technique with renewal process theory the various reliability parameters MTSF, Availability, Busy period, Benefit-Function analysis have been evaluated. On January 25, 1990, Avianca Flight 52 was carrying Keywords: Warm Standby, failure due to bad weather 149 passengers from Bogotá, Colombia to New York. conditions and air traffic congestion; fog and wind However, because of bad weather conditions and air deadliest air disasters caused by miscommunication, first come first serve, MTSF, Availability, Busy period, traffic congestion, the Boeing 707 was forced into a Expected number of visits by the repairman , Benefit - holding pattern off the coast near New York.
    [Show full text]
  • Milan Linate (LIN) J Ownership and Organisational Structure the Airport
    Competition between Airports and the Application of Sfare Aid Rules Volume H ~ Country Reports Italy Milan Linate (LIN) J Ownership and organisational structure The airport is part of Gruppo SEA (Milan Airports). Ownership is 14.6% local government and 84.6% City of Milan. Other shareholders hold the remaining 0.8%. Privatisation (partial) was scheduled for the end of 2001 but was stopped after the events of 11th September. Now the proposed date is October 2002 but this has still to be finalised. Only 30% of the shareholding will be moved into the private sector with no shareholder having more than 5%. There are no legislative changes required. The provision of airport services is shared between ENAV (ATC), Italian police (police), SEA (security), ATA and SEA Handling (passenger and ramp handling), Dufntal (duty-free) and SEA Parking (car parking). There are no current environmental issues but, in the future, there is a possible night ban and charges imposed according to aircraft noise. 2 Type ofairpo Milan Linate is a city-centre (almost) airport that serves mainly the scheduled domestic and international market with a growing low-cost airline presence (Buzz, Go). There is very little charter and cargo traffic but some General Aviation. The airport is subject to traffic distribution rules imposed by the Italian government with the aim of 'encouraging' airlines to move to Malpensa. Traffic Data (2000) Domestic fíghts Scheduled Charter Total Terminal Passengers (arrivals) 2 103 341 _ 2 103 341 Terminal Passengers (departures) 2 084 008
    [Show full text]
  • Scan 2015-11
    SCrjtrjrjj-j 5 j jf ne v/5 November 2015!!!£3.20 ■y) Cover picture: LX-VCM Boeing 747-8R7F (cn 61169/1522) is the 13th and second last 747-8F of the current Cargolux order and is seen at Prestwick on 30 September 2015 in “cutaway” special livery, celebrating the airline’s 45th anniversary.!! ! Lewis Grant 50 years 1965-2015 NO 430 Scottish Air News N995M Bombardier BD700-1A10 Global Express (cn 9322) on ‘Charlie’ with N526EE Gulfstream 4 (cn 1304) both Dunhill Golf Tournament visitors at Dundee on 29 September 2015.!! ! John Chalmers Qli "" ill'' ' ini'i^iV"1 wMjrii"1 f " BM — — , - ••■v.. „s, "• . •' '..if— ... aSraSw \ (VP-BRV) Boeing 737-528 cn 25227/2018, ex Yamal Ailines and Air France, has been positioned for use as a restaurant at a Go Kart Centre in Montrose Avenue Hillington Industrial Estate, Glasgow, and is seen soon after arrival from Kemble store on 14 October 2015.!!! Peter McCann - • i u o a • • « « « h „ smm L ?«* . i < < bB ZE708 BAe146 C.3 (cn 2211) is seen at Prestwick on 30 September 2015. Operated by 32 Sqn, the 5rvY aircraft was initially used in Afghanistan, and is• •• formerly OO-TAY of TNT Airways and one time Edinburgh regular.!!!!!!!!!! Lewis Grant ^ -- V amm Scottish Air News NO 431 scottish air news November 2015 Volume 50 MANAGING EDITOR Paul Wiggins E Mail : [email protected] Editorial Address : Grinsdale House, Grinsdale, Carlisle, CA5 6DS NEWS SECTION RESIDENTS SECTION Jim Fulton Alistair Ness E Mail : [email protected] E Mail : [email protected] MILITARY SECTION WEBSITE UPDATES AND QUERIES Vacancy, copy to Paul Wiggins meantime Scott Jamieson E Mail : [email protected] AIRFIELDS SCANNED SUB-EDITORS Aberdeen Ian Grierson Edinburgh Sandy Benzies / Alistair Ness Dundee / Perth Tim Gulson Glasgow Alan Reid Highlands/Islands Alan Nightingale Inverness Stephen Lane Prestwick Alan McKnight PHOTO SUBMISSIONS Please send photos via e-mail to Lorence Fizia , e-mail address is scanphotos1gmail.com Photos should be high quality JPEGs, uncompressed straight from the camera, and in colour.
    [Show full text]
  • Airports Council International
    AIRPORTS COUNCIL INTERNATIONAL AIRPORTS COUNCIL INTERNATIONAL Celebrating 20 Years – 1991-2011 CELEBRATING 20 YEARS – 1991-2011 20YEARS Airports Council International 1991-2011 CAH-420x210.pdf 1 2011-5-24 16:28:50 C M Y CM MY CY CMY K RZ_1_inserat_1.indd 1 25.05.11 11:22 20YEARS Airports Council International 1991-2011 Airports Council International CELEBRATING 20 YEARS – 1991-2011 Published by International Systems and Communications Limited (ISC) in conjunction with Airports Council International (ACI). Copyright © 2011. The entire content of this publication is protected by copyright, full details of which are available from the publisher. All rights reserved. No part of this publication may be reproduced, stored in retrieval systems or transmitted in any form or by any means – electronic, mechanical, photocopying, recording or otherwise – without the prior permission of the copyright owner. ISC ACI World Park Place 800 rue du Square Victoria 12 Lawn Lane Suite 1810, PO Box 302 London SW8 1UD Montreal England Quebec H4Z 1G8 Canada Telephone: + 44 20 7091 1188 Facsimile: + 44 20 7091 1198 Telephone: +1 514 373 1200 E-mail: [email protected] Facsimile: +1 514 373 1201 Website: www.isyscom.com E-mail: [email protected] Website: www.aci.aero RZ_1_inserat_1.indd 1 25.05.11 11:22 78654•SNC-AP-Airport:Ap-Airport-V2 2/05/11 18:26 Page 1 Contents ACI: Mission, Objectives, Structure 6 ACI Africa 145 Message from the Chair of the ACI World ACI Africa Intensifies its Efforts 148 Governing Board 8 By Monhla Hlahla By Max Moore-Wilton Cairo Redevelops
    [Show full text]
  • Air Traffic Delay in Europe
    EUROCONTROL Trends in Air Traffic l Volume 2 A Matter of Time: Air Traffic Delay in Europe Acknowledgements The idea for this study came from Tim Guest, Manager of the EUROCONTROL Central Office for Delay Analysis, who expressed concerns that outside of a few specialists in Air Traffic Management, there was a relatively poor understan- ding of air traffic delay. With the cooperation of the EDAG, the supervising group for CODA, and particularly with the help of the Association of European Airlines (AEA) and the International Air Carrier Association (IACA), this document has been developed to help explain delay and to eliminate misunderstandings and misconceptions. Tim Guest was the principal author of this study and the force behind its production; it was his encyclopedic knowledge of the sub- ject that we have sought to capture in this volume. Bo Redeborn, EUROCONTROL Director of ATM Strategies approved the further development of this series of studies into air traffic market sectors with the objective of increasing the depth of knowledge. I am grateful to him for his support and encouragement. Thanks go to the CODA team, Tony Leggat, Catherine Yven and Yves De Wandeler for their considerable contributions and support. We are grateful also to EUROCONTROL’s External and Public Relations Unit for their help in the design and publication of the document. Thanks go also to a number of people who reviewed the document, suggested changes and helped in the proof reading. Notable among these were Terry Symmans of the EUROCONTROL Experimental Centre and Sue Lockey from AEA. Any remaining errors are our own.
    [Show full text]
  • Chapter 3 Runway Incursions
    POLITECNICO DI TORINO Master’s Degree in Aerospace Engineering Master’s Degree Thesis Analysis of an Aeronautical Database and Correlation with Single Pilot Operations Supervisors Candidate Prof. Giorgio GUGLIERI Luigi RUSSO S266152 Dr. Beatrice CONTI Dr. Teodor ROCI Academic Year 2020/2021 Abstract The aim of the present master thesis is to conduct an analysis of the prob- lem of Runaway Incursions as a compromising element for the introduction of Single Pilot Operations (SiPO), also posing a major threat to flight safety around the world, especially in small airports. All the topics are going to be contextualized in the modern COVID-19 situation. Most of the data used for statistical purposes have been provided by ENAC through the eE-MOR database. Single Pilot Operations and Reduced Crew Operations are considered, by emphasizing the advantages and disadvantages and by describing the opposite reasons towards or against SiPO. Different solutions that might be applied in the following years in order to mitigate risks and increase safety are also going to be shown. Finally, the thesis analyses as a case study a relevant aviation incident in Italy, the 2001 Milano Linate Airport disaster, which caused the death of 118 people. The causes of this accident are described, with big emphasis on how the disaster could have been avoided and possible countermeasures. i Acknowledgements A Paolo, Margherita e Gennaro, colonne portanti della mia vita. A Paola per aver condiviso con me gioie e difficoltà di questo percorso. A parenti e amici che sono stati al mio fianco in questi anni. Grazie. ii Table of Contents List of Tables vi List of Figures vii Acronyms xi 1 Introduction 1 2 Towards Single Pilot Operations 4 2.1 State of art...........................4 2.1.1 CRM Crew Resource Management..........4 2.1.2 MCC Multi Crew Coordination............5 2.2 Pilot Incapacitation.......................7 2.3 Future trend..........................
    [Show full text]
  • The Temporal Configuration of European Airline
    THE TEMPORAL CONFIGURATION OF EUROPEAN AIRLINE NETWORKS Guillaume Burghouwt Utrecht University, Faculty of Geographical Sciences PO Box 80115, 3058 TC Utrecht, the Netherlands Tel: 030 2531399, Fax: 030 2532037 g.burghouwt_geog.uu.nl Jaap de Wit University of Amsterdam, SEO Amsterdam Economics/Amsterdam Aviation Economics 1018 WB Amsterdam, the Netherlands i_dewit(_fee.uva.nl Abstract The deregulation of US axfiation in 1978 resulted in the reconiiguration of airline networks into hub-and-spoke systems, spatially concentrated around a small number of central airports or 'hubs' through which an airline operates a number of daily waves of flights. A hub-and-spoke network requires a concentration of traffic in both space and time. In contrast to the U.S. airlines, European airlines had entered the phase of spatial network concentration long before deregulation. Bilateral negotiation of traffic fights between governments forced European airlines to focus their networks spatially on small number of 'national' airports. In general, these star-shaped networks were not coordinated in time. Transfer opportunities at central airports were mostly created 'by accident'. With the deregulation of the EU air transport market from 1988 on, a second phase of airline network concentration started. European airlines concentrated their networks in time by adopting or intensifying wave-system structures in their flight schedules. Temporal concentration may increase the competitive position of the network in a deregulated market because of certain cost and demand advantages. This paper investigates to what extent a temporal concentration trend can be observed in the European aviation network after deregulation. We will analyze the presence and configuration of wave-system structures at European airline hubs as well as the resulting transfer opportunities.
    [Show full text]
  • The SAS Group Annual Report 2001
    The SAS Group Annual Report 2001 & Summary of Environmental Report www.scandinavian.net The worst air disaster in the history of SAS October 8, 2001, was a tragic day for SAS. The worst disaster in the company’s history occurred when flight SK686 from Milan to Copenhagen crashed on take-off and 118 people lost their lives. We mourn the loss of our colleagues, passengers and others who perished in the accident. Our thoughts still go to the relatives and friends of whose who died. The powerlessness and dismay we feel about this disaster will affect SAS for a long time and can only fulfill a constructive purpose if efforts to improve flight safety are further increased in the industry as a whole. Jørgen Lindegaard Presenting the SAS Group Since July 6, 2001, the SAS Group has had a single share through SAS AB, listed on the stock exchanges in Copenhagen, Oslo and Stockholm. The principal owners of SAS AB are the Danish, Norwegian and Swedish states. Private interests Danish State Norwegian State Swedish State SAS AB Four business areas The SAS Group has a consolidated operating revenue of SEK 51.4 billion and a total of 31,035 employees. The Group is divided into four business areas: • SAS Airline comprises SAS’s passenger transport services with its own aircraft and under its own brand. The business area includes the production company SAS Commuter as well as the independent business units Scandinavian Ground Services and Scandinavian Technical Services. • Subsidiary & Affiliated Airlines comprises other airlines within the Group. The airline Braathens was acquired in 2001.
    [Show full text]