Aviation A2Z / S - "Slots" (CTOT): Flights are delayed for various reasons - one of them is a delay due to the allocation of a CTOT (Calculated Take Off Time, colloquially referred to as a "slot") to a flight by Eurocontrol's Air Traffic Flow Management. The flight concerned must then take off later than the airline had planned in its flight plan submitted to the authority. In case law, it was disputed whether such a "slot" constituted an extraordinary circumstance within the meaning of the Passenger Rights Regulation. Some calm has now returned to the debate after "airport regional courts" ruled that “slots” are extraordinary circumstance and after the ECJ ruled that when defining extraordinary circumstance, events whose origin is “internal” must be distinguished from those whose origin is “external” and thus defined "extraordinary circumstance” as something that results “from external circumstances which are more or less frequent in practice but which the air carrier does not control because they arise from […] an act of a third party, such as […] a public operator interfering with flight activity (C-308/21 para. 25). Even before these decisions, difficulties in the legal categorisation of the CTOT arose less from the legal assessment than from the fact that some courts did not understand what a "slot" actually is and decisions were therefore based on (false) assumptions such as that every flight has a "slot", that local air traffic control can assign a “slot” or that a slot is allocated if an airline has to delay its own flight. None of this is the case: a CTOT is never allocated by the local controllers, but is a measure of Air Traffic Flow Management without an airline having any influence over it. The reason for the intervention is always the same: The aircraft should arrive at a certain en-route Waypoint later than planned (so-called Target Time Over - TTO), because otherwise there would be a risk of air traffic control capacity being exceeded in this area: simplified, more aircraft want to fly through this area at the same time than the controllers working there can currently handle. The reason for this, in turn, is usually a temporary reduction in the usual air traffic control capacity in this area due to weather events, technical conditions or because fewer controllers are working there. (This already shows that an airline cannot possibly cause a "slot" itself - no airline has any influence on the capacity of an entire air traffic control area). Air Traffic Flow Management equalises the air traffic through this area by assigning a new, delayed take-off time to each flight that is to fly through this area. According to Eurocontrol's delay report, 11% of all flights were assigned a CTOT in 2023 (this is the second-highest figure in the last 20 years), but this led to noticeable delays in very few cases, as the take-off time was usually only postponed by significantly less than 15 minutes. #aviationA2Z #ASD #ArneckeSibethDabelstein
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Safety in aviation is always paramount, and it's great to see progress towards investing in the backbone of the US aviation industry. #aviation Springshot https://lnkd.in/gCwg2FCJ
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PRESS RELEASE ON THE SUSPENSION OF DANA AIR’S AIR OPERATOR CERTIFICATE Sequel to the DANA AIR’s runway excursion at the Murtala Mohammed International Airport on April 23, 2024, the Nigeria Civil Aviation Authority has initiated its in-house compliance assessment of this occurrence taking into account previous occurrences involving DANA Air aircraft, while the NCAA awaits the preliminary report of the investigation launched by the Nigerian Safety Investigation Bureau (NSIB). Recall that in 2022, the Authority suspended Dana Air's Air Operator Certificate (AOC) over identified regulatory breaches. Expectedly, the Honourable Minister of Aviation and Aerospace Development in sharing the concerns of the Authority has thrown his weight behind the need for swift and decisive measures to be taken to address pertinent safety and economic issues that may underpin some of these occurrences. As a precautionary step, and in accordance with Sec 31 (7) of the Civil Aviation Act 2022, the Authority has imposed the immediate suspension on the Air Operator Certificate (AOC) of DANA Air to allow for a thorough safety and economic audit. The safety audit will entail a re-inspection of DANA Air's organization, procedures, personnel, and aircraft as specified by Part 1.3.3.3 of the Nigeria Civil Aviation Regulations, 2023, while the economic audit will critically examine the financial health of the airline to guarantee its capability to sustain safe flight operations. The Authority is aware of the inconvenience this action may cause intending passengers of DANA Air. However, the safety and well-being of the travelling public is paramount. We therefore appeal for patience and understanding while assuring passengers of the protection of their rights. This action is imperative to safeguard the interests of all stakeholders involved, including that of DANA Air. This suspension comes into effect at 2359 hours on Wednesday, 24th April, 2024. The NCAA remains committed to the safety of the Nigerian airspace. Signed: Michael Achimugu Director, Public Affairs and Consumer Protection
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Aviation laws govern the operation of aircraft and aviation-related activities, ensuring safety, security, and efficiency in air transportation. These laws are established at both national and international levels. Here are key components and conditions: 1. International Aviation Law (ICAO) • The International Civil Aviation Organization (ICAO), a United Nations agency, sets global standards and regulations. • The Chicago Convention (1944) is the primary treaty governing international civil aviation. It outlines the rights and responsibilities of states concerning the use of airspace and the safety of international flights. • Annexes to the Chicago Convention cover specific areas like airworthiness, licensing of personnel, rules of the air, environmental protection, and accident investigation. 2. National Aviation Law • Civil Aviation Authorities (CAA): Each country has its own aviation authority (e.g., FAA in the U.S., EASA in Europe, DGCA in India) that regulates civil aviation within its airspace. • Licensing and Certification: Pilots, air traffic controllers, and maintenance personnel must be licensed. Aircraft must be certified as airworthy. • Airspace Regulation: Governments regulate the use of their airspace, defining controlled, uncontrolled, and restricted zones. • Airline Operations: Airlines are regulated in terms of safety, security, consumer rights, and operational procedures. 3. Safety Regulations • Airworthiness: Aircraft must meet strict safety standards and undergo regular maintenance checks. • Crew Training: Pilots and crew members are subject to rigorous training and must adhere to flight and duty time limitations to avoid fatigue. • Accident Investigation: National aviation authorities and ICAO investigate accidents to improve safety measures. • Security: Laws ensure that airports, aircraft, and passengers are protected against terrorism, hijacking, and other security threats. 4. Air Traffic Control (ATC) and Navigation • Air Traffic Management (ATM): ATC authorities coordinate aircraft movements, ensuring safety, especially in controlled airspaces. • Flight Rules: Visual Flight Rules (VFR) and Instrument Flight Rules (IFR) dictate how pilots navigate in different weather conditions. • Flight Plans: Airlines and private pilots must submit flight plans that specify the route and other details of their intended flight. 5. Environmental Regulations • Aviation laws include environmental provisions to reduce the industry’s carbon footprint. • Noise regulations and emission standards are part of national and international legislation. • The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) aims to limit carbon emissions in international flights. 6. Consumer Rights • Passengers have rights related to compensation for delays, cancellations, and denied boarding. • Airlines are required to follow consumer protection laws regarding ticket pricing, advertising, and refunds.
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Five Days Ago, Congress and the President signed the 2024 FAA Reauthorization Act. Reauthorization Act of 2024. Here are the key points that will positively impact our industry: Funding Renewal: The bill renews the FAA’s funding for five years, providing stability and predictability. With over $105 billion allocated through fiscal year 2028, we expect continued growth and innovation. Safety Measures: The legislation prioritizes safety enhancements. As seasoned professionals, we appreciate the focus on maintaining the highest standards in aviation safety. Passengers can fly confidently, knowing that safety remains paramount. Consumer Protections: The act includes provisions for hassle-free refunds, no-fee family seating, and improved customer service. Happy passengers mean repeat business, and that’s good news for airlines. Air Traffic Controller Shortage: Addressing the chronic shortage of air traffic controllers is critical. The bill takes steps to attract and retain talent, ensuring smooth operations in our busy skies. Infrastructure Investments: Substantial funding for airport planning, development, and facilities will result in upgrades across the board. Modernized airports benefit passengers, airlines, and staff.
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We applaud Representatives Nick Langworthy (R-NY) and Marc Veasey (D-TX) for introducing new legislation, the Safer Skies Act, that would ensure that carriers operating under the less restrictive Federal Aviation Regulation (FAR) Part 135 safety rules and Part 380 public charter economic rules be held to the same security standards as every other scheduled passenger carrier in the United States. Currently, air carriers operating essentially scheduled service under the loophole created by Parts 135 and 380 are permitted to bypass Transportation Security Administration security screening and other critical security protocols, creating glaring security vulnerabilities that can be exploited by those who wish to cause harm. “Airline passengers should be able to board a plane and trust that they have the same level of safety and security whether they are flying into a big city or a small town. Loopholes, and the abuse of current rules and regulations, undermine a system that has made U.S. commercial aviation the safest in the world,” said our President Capt. Jason Ambrosi. For years, we have called on the Department of Transportation to close the public charter loophole over concerns about airlines operating regularly scheduled flights under lesser safety and security regulations. Specifically, we noted that JSX and similar operations use the loophole to avoid normal security screening protocols that protect passengers and the rest of the country. In fact, JSX touted that its passengers and their baggage can bypass the normal screening regimen that all other scheduled commercial airline passengers and bags must go through. This glaring loophole must be closed. “No matter where you’re flying or what airline you’re on, all Americans deserve the same level of safety and security. Because of the public charter loophole, some airlines are held to lesser standards, while operating in the same airspace, with the same passengers, from largely the same airports as those who do follow the rules, and that is unacceptable,” added Ambrosi. “To maintain our world-leading aviation safety and security record, the government must take action to close this loophole to keep American aviation safe and secure.” In June, we supported the Federal Aviation Administration’s announcement to issue a proposed rule that would to close the public charter loophole through a change to the FARs. #Aviation #Safety #Airlines
ALPA News: New Bill to Address Gaps in Aviation Safety
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Global regulatory changes impacting operations, says UAS The volume and pace of global regulatory changes for passenger regulation and monitoring, along with emissions regulations and taxation are presenting many challenges for business aviation operators Functioning in one of the most heavily regulated sectors, aviators are accustomed to having to adapt to an ever-evolving international framework of regulations Recent times have brought more regulatory activity regarding passengers and the industry’s environmental sustainability, and this has resulted in a huge increase in demand for compliance support
Global regulatory changes impacting operations, says UAS
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A solution in search of a problem when there is NO #safety issue. Despite a record breaking filings in support for JSX before the U.S. Department of Transportation, the FAA announced it would regulate on-demand charters. FAA is wasting time on this when it has bigger problems industry safety that it can't keep up with. FAA is putting its thumb on the issue what, as a favor to the scared airlines and unions? Don't you have enough to investigate at Southwest and Boeing? There have been no accidents or safety concerns to support such a rulemaking, said The Air Current quoting JSX saying this results from full bore lobbying against the carrier who want to see competition elimininated. Indeed, Doug Parker told his own employees that this action against JSX was about nipping the competition in the bud. It is ironic the feds and #airlines say the commercial aviation industry has plenty of competition. Yet when new, innovative carriers attempt to create competition, the airlines American Airlines and Southwest Airlines and their unions Air Line Pilots Association and Southwest Airlines Pilots Association conspire to kill it. It's an old union playbook. Conspire to increase costs by piling on unecessary regulations and the competition goes away. That happened to the regionals which #unions saw as competition for jobs. It had nothing to do with #aviationsafety just as promulgating new regulations surrounding the on-demand #charter industry with great airlines like JSX. National Business Aviation Association should take this issue on because it affects the entire #businessaviation industry and it is completely without merit. Just like with regionals, this will mean the end of tailoring regulations to the operation. One size does not fit all which has been a well regarded aviation practice for decades. That is about to end. https://lnkd.in/eVEfYtAY
FAA will act to close ‘loophole’ for public charter flights
https://theaircurrent.com
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NEWS with Elan Head: The Federal Aviation Administration will act, via rule making, to close the 'loophole' for public charter flights set out in Part 380, requiring companies like JSX to operate under Part 121. The agency is also convening a larger committee to study the feasibility of future operating models for these types of operations, with big implications for #RAM, #AAM and business aviation. More on The Air Current:
FAA will act to close ‘loophole’ for public charter flights
https://theaircurrent.com
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Will it Help, or Hurt? As Congress enacts new aviation laws, there’s hope they'll genuinely help travelers more than they hinder. While these regulations aim to protect consumers, ensuring refunds for delayed or canceled flights and providing better transparency on fees, there’s concern they might also lead to unintended complications. For instance, airlines could raise base fares to offset the new rules. It’s crucial that these changes bring real benefits without introducing new issues for passengers or complicating air travel further. https://lnkd.in/gm6BKZZZ
House signs off on FAA bill that addresses aircraft safety and the refund rights of passengers
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The volume and pace of global regulatory changes for passenger regulation and monitoring, along with emissions regulations and taxation are presenting many challenges for business aviation operators. Functioning in one of the most heavily regulated sectors, aviators are accustomed to having to adapt to an ever-evolving international framework of regulations. Recent times have brought more regulatory activity regarding passengers and the industry's environmental sustainability, and this has resulted in a huge increase in demand for compliance support. This is a big challenge facing the business fraternity as it meets at NBAA-BACE this week in Las Vegas, states UAS. Booth 2820 As air travel becomes more accessible, and private flying more popular, the need for better passenger control becomes inevitable. This is encouraging more countries to go electronic so that the rules are not only easier to apply, but also so no unnecessary congestion is caused at airport immigration. This has led to many countries tightening regulations, some of which include EU LISA, UK GAR, U.S, CBP, the recent introduction of APIS (Advance Passenger Information System) in Mexico and Hong Kong, plans to expand APIS in countries like Canada and the UAE, and strengthened passenger protection regulations in Saudi Arabia. Additionally, Europe's General Data Protection Regulation (GDPR) applies strict requirements to how passenger data is handled. In terms of emissions regulations, the International Civil Aviation Organization Carbon Offsetting and Reduction Scheme for International Aviation (#CORSIA) and European Union's Emissions Trading System (EU ETS) require operators to monitor, report, and purchase allowances for CO2 emissions on European flights. These regulations, and other country-specific aviation tax schemes. add complexity and cost to operations, with increasing pressure to reduce carbon footprints. Failure to comply with regulations can result in delays, fines, penalties, legal actions, reputational damage, and even the cessation of operations. Therefore, it's vital that operators stay informed of regulatory changes in order to avoid penalties and operational issues. "Recent years have brought a huge amount of regulatory and legislative changes and monitoring them requires investment in dedicated resources and even with that, understanding the full implications of the rules can be challenging. We have concentrated on enhancing our international regulatory and compliance capabilities so we can offer our clients the peace of mind they need," said Mohammed Husary, UAS Founder and Executive President, listed in the NBAA's Top 40 under 40 in 2018. Visit UAS at Booth 2820 at NBAA-BACE, Las Vegas, October 22-24
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