The UK Aviation Regulations - Assignment Example

THE UK AVIATION LAW Jack’s Potential Liability for Infringement On the Rules Under the Air Navigation and the Rules of the Air It is obvious from the account of Jack’s flight that he is liable to face charges or punishment on the following rules under the Air Navigation and the rules of the Air, which he has infringed upon as a result of his actions during the flight. Considering CAP 393 of Air Navigation Rules and the Rules of the Air, Jack has broken the laws highlighted as follows: (a ) Fatigue of crew: Jack shouldn’t have attempted to fly because of fatigue he may have had due to all night party he had attended. And he should have reported his condition of fatigue to Bob, the owner of the aircraft. This is indicated in U.K Cap 393, Section 1, Article 81 sub-sections 1 & 2 of the Air Navigation Rules and the Rules of the Air (2005a). Jack’s failure to promptly report his condition to Rob makes his liable to be punished for this offence. But if he had informed the owner of the aircraft, and Bob did nothing to stop him from using the aircraft, Bob would also share in the punishment. In this scenario, Jack had kept quiet about his condition: so, only him shall be liable to any punishment ensuing from his action. (b) Offences in relations to documents and records: Jack has intentionally infringed on the U.K Cap 393, Section 1, Article 94 sub-sections 1 & 2 of the Air Navigation Rules and the Rules of the Air (2005b) which prevents anyone from falsifying the information on their logbooks for the purpose of deceiving or cheating the aircraft operators. Bob may not be liable to any offence because he had been totally deceived by Jack. Civil Aviation Authority doesn’t condone falsification or tampering with the information in the logbook: because logbooks are expected to show the true number of times that a pilot has used an aircraft recently, including the information about the used aircraft, condition of flight and records of problems. It is possible for an operator of aircrafts not to release his or her aircraft to a pilot or someone whose logbook reveals some flight problems that arouse from personal errors of the pilot. (c ) Equipment of Aircraft: It is mandatory by the U.K Cap 393, Section 1, Article 19 sub-section 1 of the Air Navigation Rules and the Rules of the Air (2005c) that before any aircraft is lifted off the ground, all the equipment necessary for the proper functioning of the aircraft must be checked and make sure that they are all in place: these include the fuel, the condition of the aircraft’s engine, the weather condition and so on. But Jack didn’t bother to check the equipment, even after being told by Bob, the owner of the aircraft. Jack decided to fly the aircraft without knowing the condition of the engine, how much fuel is left in the aircraft’s tanks and how long could the aircraft in the turbulent weather. All these are the preliminary precautions that should be taken into consideration before using an aircraft. (d) Air Weight Schedule: Jack didn’t take into consideration the Air Weight Schedule which indicates how much an aircraft weigh in the air, and much weight could be placed on the aircraft while flying. So, Jack has blindly infringed on U.K Cap 393, Section 1, Article 23 sub-section 1 of the Air Navigation Rules and the Rules of the Air (2005d). It is improper for Jack to have loaded the aircraft more than the required air weight specified for that particular aircraft. The problem of having heavy objects on an aircraft is that it would cause destabilization of the aircraft mid-air, and any slight change in air pressure would make the aircraft bump in the air. If objects are not quickly taken out of the aircraft, it could lead downward descend or result in other mechanic damage to the aircraft. Jack should have known the implications of over-loading the aircraft: in this case, he is liable to be penalized by Civil Aviation Authority for his carelessness. (e) Dropping of articles or animals: In the scenario above, when Jack found himself at the crossroads about what to do when the aircraft weight is heavier than stipulated in Air Navigation regulations, he ordered his girlfriend to drop some materials out of her large suitcase to make the aircraft lighter. This action contravenes U.K Cap 393, Section 1, Article 66 sub-section 1 of the Air Navigation Rules and the Rules of the Air (2005e) which strongly forbids that in the course of flight, no articles (clothes, shoes, bags etc) or animal (pet, dog, etc) should be thrown out of the aircraft; as this action threaten the safety of the aircraft and the crew. Even though Jack has knowledge of this, he still went ahead and encouraged his girlfriend to throw things aboard. Another problem Jack may run into includes dropping the objects on delicate materials on the ground. The owner of the broken objects would definitely charge Jack to court. (f) Rules of the Air: When jack suddenly discovered a commercial aircraft taking off under his aircraft, he didn’t quickly veer his aircraft from the path of the one taking off in order to avoid an immediate danger: this action has made that Air Traffic Controller angry with him and shouted an order that he should leave that section of the air. In essence, Jack has carelessly infringed on the U.K Cap 393, Section 1 Article 95 sub-section 3 of the Air Navigation Rules and the Rules of the Air (2005f). As a pilot, Jack should have understood that the Air is a delicate network of routes: there are restricted zones and free zones. He should have known that flying over a commercial airport against the order Air Traffic Controller is against the principles of Civil Aviation Authority. Because there are continuous incoming and outgoing flights in a busy airport. If there has been a collision between Jack’s aircraft and the commercial plane taking off, Jack would be held responsible for the crash. (g) Height Keeping performance-aircraft registered in the U.K: U.K cap 393, Section 1 Article 57 sub-section 1 requires that the aircrafts registered in the United Kingdom must keep to a particular safe height while flying. But Jack broke this rule by flying dangerously low over the houses and quite close to the ground. Jack should have known that under no circumstances he should bring his aircraft too low to the ground. There are dangers of hitting the pylons, or skyscrapers or high edifice. In all these cases, it would result in a fatal crash that might jeopardize the aircraft’s safety. (h) Endangering safety of an aircraft, of any person or property: Jack’s recklessness at flying the aircraft which made its starboard wing clipped is totally forbidden by U.K Cap 393, Section 1 Article 73 and 74 of the Air Navigation Rules and the Rules of the Air (2005h). which prevents any pilot from carrying out an action that is possible to put the aircraft at danger. And his attempt to land the aircraft in a farm constitute another danger for both the aircraft and the people in it. Flying carelessly in the air as Jack had done could make the aircraft hit the pylons or skyscrapers. And a fatal crash could have occurred as a result of this careless flying. 2. The possible actions that may be taken by U.K Civil Aviation Authority Banning of Bob’s aircraft: According to the several infringements Jack has committed against all policies of aircraft safety, the Civil Aviation Authority could use the Regulation (EC) No. 2111/2005 to order than Bob’s aircraft be banned from operating. European Commission put this Regulation in place to encourage strict compliance with the Rules of flying, which guarantee safety of the aircraft, objects and the pilot. Restricted operations: Or using the same European Commission Regulation stated above, Bob’s operation of an aircraft may be restricted to certain areas of the airspace. 3. The Approach of the AAIB: In this scenario, the U.K Air Accidents Investigation Branch, which is a part of the transport ministry, would step up investigations as per the causes of the accident on the aircraft: in this case, the clipped starboard wing of the Cessna 172 aircraft and offer recommendations that would guarantee the safety of the aircraft in future flights. Air Accidents Investigation Branch won7t blame any party for the accidents or recommend appropriate punishments. Its duty is to see that aircraft operators have good knowledge of the safety measures and try to follow them (AAIB 2009) 4. Other liability: Jack may face some litigation from the residents of the areas he hovered the aircraft over due to the discomfort the aircraft’s noise and closeness to the ground have created. In the past, it has been reported that some residents had suffered heart attacks or other serious illnesses as a result of the fear the looming aircraft upon their roofs has caused. Also, Jack may be asked to pay for destroying something on the farm he abruptly landed on. This liability depends on the action of the farm owner if he/she is interested in requesting for compensation or not. Jack may be asked to replace the pylon he scratched with the aircraft’s wing. References 1. Civil Aviation Authority. 2005a. Crew Fatigue. (Accessed on 14 March 2009). Available at 2. Civil Aviation Authority. 2005b. Offences in relations to documents and records.(Accessed 14 March 2009). Available at 3. 3. Civil Aviation Authority. 2005c. Equipment of Aircraft. (Accessed on 14 March 2009). Available at 4. Civil Aviation Authority. 2005d. Air Weight Schedule. (Accessed on 14 March 2009). Available at 5. Civil Aviation Authority. 2005e. Dropping of articles or animals. (Accessed on 14 March 2009). Available at 6. Civil Aviation Authority. 2005f. Rules of the Air. (Accessed on 14 March 2009). Available at 7. Civil Aviation Authority. 2005g. Height Keeping performance-aircraft registered in the U.K. (Accessed on 14 March 2009). Available at 8. Civil Aviation Authority. 2005h. ) Endangering safety of an aircraft, of any person or property. (Accessed on 14 March 2009). Available at 9. European Commission. 2005. The Regulation (EC) No. 2111/2005 that aims at giving punishment to any aircraft operators that infringe on safety rules and the rules of the Air. 10. Air Accidents Investigation Branch. 2009. About Us. (Accessed on 14 March 2009). Available at < http://www.aaib.gov.uk/home/index.cfm> Read More