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Aviation Law - Term Paper Example

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The paper "Aviation Law" presents that the law applicable to Jack’s hiring and operation of the Cessna Bravo-November is regulated by the Air Navigation Order 2005, as amended by the Air Navigation Order 2007. Also relevant are the provisions contained in the UK Aeronautical Information Publication…
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Aviation Law
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Download file to see previous pages At the onset, there are two matters of concern with respect to Jack’s ability to navigate an aircraft having been at an all-night party and flying an aircraft straight afterwards. Although the Air Navigation Order 2005, officially cited as Statutory Instrument 2005, No. 1970 does not specifically regulate indirect pre-flight behaviour, Section 73 requires that:
It is certainly conceivable that operating an aircraft under conditions of sleep deprivation or fatigue could be interpreted as contrary to Section 73 of the 2005 Order. Section 83 of the Order prohibits acting “as a member of the crew of an aircraft” if the crew member “knows or suspects” that he is suffering from fatigue or is likely to suffer from fatigue.2 Moreover, the Civil Aviation Authority’s Cap 371 on the Avoidance of Fatigue in Aircrews: Guide to Requirements, specifically calls for rest periods prior to flying. Paragraph 17.2 provides that:
Merely entering an aircraft under a state of drunkenness is forbidden by Section 75(1) of the 2005 Order.4 Assuming that both Mary and Jack had been drinking alcohol at the all-night party, it is quite reasonable to assume that they were both drunk upon entering the aircraft almost immediately after leaving the party. Mary would also be in violation of Section 75(1). As a result, Section 148(5) Mary can be charged with an offence and subjected to summary conviction and can be required to pay a penal fine.5 Jack, however, as the operator of the aircraft, can be liable to both a fine and imprisonment upon a successfully prosecuted indictment if he was drunk while operating the aircraft.6
As the holder of a National Private Pilot’s Licence (NPPL) under Section 30 of the Navigation Order 2005, Jack is subject to the requirements contained under Section 3 of Part C of According to Section 3 of Part C of Schedule 8, Jack’s license is not valid if he had not flown a minimum of 6 hours in the last 12 months. ...Download file to see next pagesRead More
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