Aviation law and the rules of the air are critical frameworks that govern the safe and efficient movement of aircraft in the global airspace. These regulations are designed to ensure the safety of passengers, crew, and aircraft, while also facilitating smooth international air traffic. Aviation law encompasses a broad range of legal principles, including air traffic control, licensing of pilots, aircraft certification, and regulations for commercial airlines. International aviation law is primarily governed by the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations, which sets global standards and recommended practices.
1. Air Traffic Control Clearance
Control of aircraft operating in controlled airspace is achieved by the issuing of clearances in accordance with defined separation standards.
2. Operation in Controlled Airspace
Aircraft captains must obtain air traffic clearance for all flights planned to take place in controlled airspace to ensure appropriate safety separation for all aircraft operating in that airspace. Before entering controlled airspace, captains must ensure relevant air traffic clearance has been granted. If a portion of the flight’s planned route could lead the aircraft into controlled airspace due to navigation errors, an air traffic clearance must be obtained. Circumstances can change rapidly, necessitating the cancellation of the whole or part of a clearance and its replacement with a new one.
3. Clearance Through Controlled Airspace
When clearance is required for an aircraft to cross controlled airspace, it must be cleared via specified points, describing the flight path to be followed within the controlled airspace. Additional instructions and information will be issued as necessary.
4. Civil Controlled Airspace
Acceptance of a flight plan or granting a set heading time for special requirements flights does not constitute air traffic clearance. Clearance is typically obtained from the Tower controller or GMC controller while the aircraft is taxiing, confirmed by the aircraft captain upon establishing radio contact with the appropriate Department of Aviation control authority before entering civil controlled airspace.
5. Through Clearance to Destination
Air traffic clearance for a ‘Special Requirement Flight’ should be issued before the estimated time of departure and before the crew enters the aircraft. Any unavoidable delays to the departure should be communicated promptly by ATC to the FFO controller. If the flight will traverse multiple control areas, the initial clearance should ideally cover flight through all such control areas. If a through clearance to the destination is unavailable, the aircraft captain must seek further clearance en route. Once cleared, controllers should avoid issuing instructions that deviate from the flight plan unless necessary for aircraft safety.
6. Scope of Air Traffic Clearance
An air traffic clearance is issued with specific conditions, including its applicability to a particular aircraft or formation, validity for a specified period, and relevance to the first point of exit from controlled airspace or the first landing place. Additional clearances are required for subsequent sections of the flight in controlled airspace or for landings at intermediate airfields.
7. Issue of Air Traffic Clearance
An air traffic clearance must include aircraft identification, clearance limit and route instructions, assigned level, departure instructions (if applicable), approach instructions (if applicable), and any special instructions or information. Captains must acknowledge the clearance before departure for flight in controlled airspace. The clearance format should adhere to specified standards, with deviations only allowed under exceptional circumstances.
8. Reporting of Disagreements
If an aircraft captain finds a clearance imposing on their flight, they must comply to ensure safety and report the matter as an Air Safety Incident for potential remedial action.
9. Captain’s Responsibility
Aircraft captains bear responsibility for ensuring compliance with aviation rules and regulations, departing from them only when necessary for safety reasons. They must adhere to specified altitudes and maneuvers, avoiding aerobatics below 4,000 feet above terrain unless authorized for specific displays.
10. Airspace Restrictions
Aircraft must not enter areas with flight restrictions unless permitted by the enforcing authority.
11. Proximity
Aircraft must maintain safe separation distances to avoid collision hazards, with flight in formation authorized only when properly authorized.
12. Right of Way
Aircraft must yield right of way as dictated by aviation rules to avoid collisions.
13. Overtaking
Overtaking aircraft must give way to those being overtaken, maintaining safe distances until clear.
14. Approaching for Landing
Aircraft must yield to others landing or on final approach, prioritizing safety over other considerations.
15. Converging
Rules dictate which aircraft should give way in converging situations to ensure safety.
16. Approaching Head-On
Aircraft approaching head-on must alter heading to the right to avoid collision risk.
17. Taking Off
Aircraft must not take off until it’s safe to do so, avoiding collision risks with other aircraft.
18. Dropping Objects
Objects should not be dropped from aircraft unless necessary for safety or authorized purposes.
19. Parachute Descents
Parachute descents, other than emergencies, require authorization from air headquarters.
20. Towing Objects
Towing objects requires compliance with prescribed requirements.
21. Operations in the Vicinity of an Airfield
Aircraft operating near airfields must adhere to traffic patterns, make turns as prescribed, and consider wind direction for landing and takeoff.
22. Lights to be displayed by Aircraft
Aircraft must display prescribed lights during night operations for visibility and safety.
23. Avoidance of Noise Nuisance
Pilots must comply with noise reduction procedures developed by control authorities.
24. Visual Signals
Aircraft must respond appropriately to authorized visual signals for safety.
25. Single Seated / Solo Flight
Pilots conducting solo flights must adhere to specific regulations to ensure safety.
26. Student Pilot Instrument Flying Practice
Student pilots may practice instrument flying only under the supervision of qualified instructors.
27. ATC Clearance
ATC clearance is mandatory before operating flights in controlled airspace, with deviations allowed only in emergency situations.
28. Control of Airfield Traffic
Aircraft operating within airfield traffic areas must adhere to tower instructions for safety.
29. Traffic Information
Controllers provide traffic information to assist pilots, especially in VFR operations.
30. Priorities
Rules dictate priorities for maneuvering areas or airspace, ensuring safety takes precedence.
31. ATC Procedures for Aeromedical Evacuation Aircraft
Specific procedures may apply to aeromedical evacuation tasks for safety and expediency.
32. Information on Flights
Aircraft captains must provide necessary information for ATC to provide appropriate services.
33. Aircraft Closing Watch
Aircraft captains must adhere to temporary ground closure instructions when required.
34. Communication Failure
Pilots experiencing radio failure must follow communication failure procedures for safety.
35. Flight Instruction
Flight instructors must ensure student pilots do not pose hazards to navigation during training.
36. Responsibility for Determining Conditions of Flight
Aircraft captains are responsible for deciding whether flight conditions permit safe operation.
37. Specification of Route
The responsibility for specifying the route lies with the authorizing officer, with minor alterations allowed to comply with ATC clearance.
38. Special Provisions for Helicopters
Helicopters have specific provisions regarding cloud clearance and visibility requirements.
39. Special VFR
Special VFR operations may be authorized under specific conditions, ensuring safety and compliance with regulations.
40. Clearance for VFR Flight
Clearance for VFR flight is subject to weather conditions and airspace regulations.
41. Planning of VFR Flight
VFR flights must adhere to specific planning requirements and altitude restrictions for safety.These guidelines ensure safe and efficient aviation operations, promoting air travel safety for all stakeholders involved.
