Paris Convention of 1919 (Addressing Safety and Navigation)

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 16

1.

Paris Convention of 1919 (addressing safety and navigation)


1. Warsaw Convention of 1929 (addressing air carrier liability to passengers and cargo)
2. Rome Convention of 1933 (addressing liability for surface damage caused by aircraft.
3. Chicago Convention of 1944 (addressing safety and navigation)
4. Geneva Convention of 1948 (addressing aircraft registration)
5. Hague Protocol (addressing air carrier liability to passengers and cargo)
6. Rome Convention of 1952 (addressing aircrafi operator liability for surface damage)
7. Guadalajara Convention (addressing air carrier liability to passengers and cargo)
8. Tokyo Convention of 1963 (addressing offenses on board aircraft
9. Hague Convention of 1970 (addressing aircraft hijacking)
10. Montreal Convention of 1971 (addressing aircraft and air navigation security)
11. The Montreal Protocol of 1988 (addressing airport security)
12. Montreal Convention of 1999 (addressing air carrier liability to passengers and cargo)
13. Cape Town Convention of 2001 (addressing financial interests in aircraft)
14. Montreal Conventions of 2009 (addressing liability for surface damage)

Paris Convention of 1919 (addressing safety and navigation)

- The first passenger-carrying airline flight happened in 1913 with the St. Petersburg-Tampa Airboat Line.
Before that time, aircraft had been used to carry mail and other cargo.
- With the start of World War 'in 1914, aircraft were being operated internationally to carry not only cargo,
but also as military assets. The international use of aircraft brought up questions about air sovereignty.
- The Paris Convention of 1919 sought to determine this question as part of the process of framing the
convention's assumptions, and it was decided that each nation has absolute sovereignty over the airspace
overlying its territories and waters.
- The Paris Convention was superseded by the Convention on International Civil Aviation (also known as the
Chicago Convention).
- The following principles governed the drafting of the convention:
 Each nation has absolute sovereignty over the airspace overlying its territories and waters. A nation,
therefore, has the right to deny entry and regulate flights (both foreign and domestic) into and
through its airspace.
 Each nation should apply its airspace rules equally to its own and foreign aircraft operating within
that airspace, and make rules such that its sovereignty and security are respected while affording as
much freedom of passage as possible to its own and other signatories' aircraft.
- Aircraft of contracting states are to be treated equally in the eyes of each nation's law.
- Aircraft must be registered to a state, and they possess the nationality of the state in which are registered.
- It had 9 chapters
 General Principles
 Nationality of aircraft
 Certificates of airworthiness and competency
 Admission to air navigation above foreign territory
 Rules to be observed on departure when under way and on landing
 Prohibited transport
 State aircraft
 International Commission for air navigation
 Final Provisions

Warsaw Convention of 1929 (addressing air carrier liability to passengers and cargo)

- It applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It
applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.
- The first treaty to address the rights and liabilities of the passengers and carriers was the Warsaw

- Convention of 1929, which had two primary goals: to establish worldwide uniform laws for claims arising out
of international aviation accidents and to limit the liability of the air carrier in order to protect the then
fledgling airline industry from the devastating effects of unlimited liability for air disasters.

- With 152 parties to the Warsaw Convention, it is one of the most widely adhered to and litigated treaties in
the world.

Rome Convention of 1933 (addressing liability for surface damage caused by aircraft)

- This conference adopted on 29 May 1933 two conventions, as follows:

1. The Convention for the Unification of Certain Rules

2. Relating to Damage Caused by Foreign Aircraft to Third Parties on the Surface; and The Convention
for the Unification of Certain Rules Relating to the Precautionary Arrest of Aircraft.

- Both conventions were signed on 29 May 1933 by 20 States. The purpose of these conventions was to
ensure adequate compensation for persons who suffer damage caused on the surface by foreign aircraft
while limiting in a reasonable manner the extent of liabilities incurred for such damage in order not to hinder
the development of international air transport.
- Rome Convention of 1933 (addressing liability for surface damage caused by aircraft)
- This Convention was amended by the Brussels Protocol signed on 29 September 1938 during the Fourth
- International Conference on Private Air Law which met at the Palais des Académies, Brussels, Belgium from
19 to 30 September 1938.
- This Protocol permitted insurers to use some basic defences and regulated certain insurance aspects of the
1933 Convention.
- The 1933 Convention did not achieve wide acceptance and was expressly overtaken by the 1952 Rome
Convention.
- The war interrupted further development of the international unification of private air law.

Chicago Convention of 1944 (addressing safety and navigation)

- Known more commonly today as the 'Chicago Convention' this landmark agreement established the core
principles permitting international transport by air, and led to the creation of the specialized agency which
has overseen it ever since - the International Civil Aviation Organization (ICAO).
- laid the foundation for the standards and procedures for peaceful global air navigation. It set out as its prime
objective the development of international civil aviation in a safe and orderly manner", and such that air
transport services would be established "on the basis of equality of opportunity and operated soundly and
economically."
- The Chicago Convention also formalized the expectation that a specialized International Civil Aviation
Organization (ICAO) would be established, in order to organize and support the intensive international co-
operation which the fledgling global air transport network would require.
- The Convention provided for the sovereignty of airspace above the territory of each state, together with five
freedoms (later expanded to nine by the Addition of four unofficial freedoms) which govern the freedom of
states to operate air transport flights (including the carriage of passengers, cargo and mail) across, into and
within the airspace of other states.
- Only the first two of these freedoms apply automatically to signatory states, the remainder being subject to
national agreement.

Geneva Convention of 1948 (addressing aircraft registration)

The Contracting States undertake to recognise:

a. rights of property in aircraft;

b. rights to acquire aircraft by purchase coupled with possession of the aircraft;


c. rights to possession of aircraft under leases of six months or more;

d. mortgages, hypotheques and similar rights in aircraft which are contractually created as security for payment of
an indebtedness;

Provided that such rights:

- have been constituted in accordance with the law of the Contracting State in which the aircraft was
registered as to nationality at the time of their constitution, and
- are regularly recorded in a public record of the Contracting State in which the aircraft is registered as to
nationality.

Rome Convention of 1952 (addressing aircraft operator liability for surface damage)

- an international treaty, concluded at Rome on October 7, 1952.


- It entered into force on February 4, 1958, and as of 2018 has been ratified by 51 states.
- Canada, Australia, and Nigeria were previous state parties but have denounced (withdrawn from) the treaty.
- Took Absolute Liability and Limited Liability as a general rule as the case of 1933 Rome Convention.
- 1952 Rome Convention adopted its own regulation in terms of the extend of liability, security of payment of
liability.
- 1952 Rome Convention substituted the 1933
- Convention automatically when the 1952 Convention came into force.

Guadalajara Convention of 1961 (addressing air carrier liability to passengers and cargo)

- The Convention supplementary to the Warsaw


- Convention, for the unification of certain rules relating to international carriage by air performed by a person
other than the contracting carrier signed at Guadalajara on 18 September 1961.
- Guadalajara Convention was to supplement the Warsaw Convention by extending the rules of the latter, and
in particular its limitation of liability provisions, to " actual carriers," i.e., persons who, by virtue of authority
from contracting carriers, perform the whole or part of the carriage governed bykhe Warsaw Convention but
who at the same time are not " successive carriers" within the meaning of the Warsaw Convention.
- The Guadalajara Convention also provides that the acts and omissions of the actual carrier shall, in relation
to the carriage performed by him, be deemed to be also those of the contracting carrier.

Tokyo Convention of 1963 (addressing offenses on board aircraft)

- The Convention applies to offences and other acts prejudicial to good order and discipline on board an
aircraft, committed while the aircraft is in flight or on the surface of the high seas or of any other area
outside the territory of any State.
- It does not apply to State aircraft, for example, aircraft used in military, customs and police services.
- The purpose of the Tokyo Convention is to protect the safety of the aircraft and of the persons or property
thereon and to maintain good order and discipline on board.
- The aircraft commander, members of the crew and, in specific circumstances, even passengers on board, are
empowered to prevent the commission of such acts and to disembark the person concerned.
- The aircraft commander may also disembark the offender or, if the offence is serious, deliver him to the
competent authorities of a Contracting State when the aircraft lands.
- The Convention protects the aircraft commander and any crew member or passenger assisting him in
imposing the measures he finds necessary from any proceedings in respect of actions taken by them.

Hague Convention of 1970 (addressing aircraft hijacking)

- The Convention defines the act of unlawful seizure of aircraft, and the Contracting States have undertaken to
make such an offence punishable by severe penalties.
- Under the provisions of The Hague Convention a State is obliged, whether or not it is the State of
registration, to take such measures as may be necessary to establish its jurisdiction over the offence in the
case where the alleged offender is present in its territory and it does not extradite him.
- If there is no extradition treaty between the States concerned and the offender is in the territory of a
Contracting State and that State refuses to extradite the offender, then it must submit the case to its
competent authorities for the purpose of prosecution under its criminal law.
- The Convention requires any Contracting State in which the aircraft or its passengers or crew are present to
facilitate the continuation of the journey of the passengers and crew as soon as possible and to return the
aircraft and its cargo to the persons lawfully entitled to possession without delay.

Montreal Convention of 1971 (addressing aircraft and air navigation security)

• The Montreal Convention defines a wide spectrum of unlawful acts against the safety of civil aviation
and the Contracting States have undertaken to make these offences punishable by severe penalties

• The Convention contains detailed provisions on jurisdiction, custody, prosecution and extradition of
the alleged offender similar to those of Th Convention.

• Like the Tokyo and The Hague Conventions, the Montreal Convention does not apply to aircraft used
in military, customs or police services.

Montreal Protocol of 1988 (addressing airport security)

- Adds to the definition of "offence" given in the Montreal Convention of a 1971 unlawful and intentional acts
of -violence against persons at an airport serving international civil aviation which cause or are likely to cause
serious injury or death and such acts which destroy or seriously damage the facilities of such an airport or
aircraft not in service located thereon or disrupt the services of the airport.

Montreal Convention of 1999 (addressing air carrier liability to passengers and cargo)

- The Montreal Convention 1999 (MC 99) establishes airline liability in the case of death or injury to
passengers, as well as in cases of delay, damage or loss of baggage and cargo. It unifies all of the different
international treaty regimes covering airline liability that had developed haphazardly since 1929.
- MC99 is designed to be a sirtyle, universal treaty to govern airline liability around the world.

Cape Town Convention of 2001 (addressing financial interests in aircraft)

- The primary aim of the Convention and the Protocol is to resolve the problem of obtaining certain and
opposable rights to high-value aviation assets, namely airframes, aircraft engines and helicopters which, by
their nature, have no fixed location.
- This problem arises primarily from the fact that legal systems have different approaches to securities, title
retention agreements and lease agreements.
- This hampers the provision of financing for such aviation assets and increases the borrowing cost.

Montreal Convention of 2009 (addressing liability for surface damage)

- Recognized the need to modernize the Convention on Damage Caused by Foreign Aircraft to Third Parties on
the Surface, Signed at Rome on 7 October 1952, and the Protocol to Amend the Convention on Damage
Caused by Foreign Aircraft to Third Parties on the Surface, Signed at Rome on 7 October 1952, Signed at
Montreal on 23 September 1978
- Recognized the importance of ensuring protection of the interests of third-party victims and the need for
equitable compensation, as well as the need to enable the continued stability of the aviation industry
Beijing Convention and Protocol of 2010 (addressing security)

- The Beijing Convention modernizes and consolidates the Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (Montreal Convention, 1971)
and
- the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation,
Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,
done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988 (Supplementary Protocol,
1988).
- The Beijing Convention criminalizes the acts of using civil aircraft for the purpose of causing death, serious
bodily injury or serious damage; of using civil aircraft to release or discharge any biological, chemical or
nuclear (BCN) weapon or similar substances to cause death, serious bodily injury or serious damage; and of
using any BCN weapon or similar substances on board or against civil aircraft.
- It further criminalizes the unlawful transport of any BCN weapon, related material or other dangerous
material.
- Cyber attacks on air navigation facilities constitute an offence under this Convention.

FEDERAL AVIATION ADMINISTRATION

- The Federal Aviation Administration (FAA), formerly the Federal Aviation Agency, was established by the
Federal Aviation Act of 1958 (72 Stat. 731).
- The agency became a component of the Department of Transportation in 1967 pursuant to the Department
of Transportation Act (49 U.S.C. 106).
- It is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the
country as well as over surrounding international waters.
- The mission of the FAA is to regulate civil aviation and U.S.commercial space transportation, maintain and
operate of traffic control and navigation systems for both civil and military aircrafts, and develop and
administer programs relating to aviation safety and the National Airspace System.
- Its powers include air traffic manage.nent, certification of personnel and aircraft, setting standards for
airports, and protection of U.S assets during the launch or re-entry of commercial space vehicles.
- Powers over neighboring international waters were delegated to the FAA by authority of the International
Civil Aviation Organization.

- The FAA's roles include:


 Regulating U.S. commercial space transportation
 Regulating air navigation facilities' geometric and flight inspection standards
 Encouraging and developing civil aeronautics, including new aviation technology
 Issuing, suspending, or revoking pilot certificates
 Regulating civil aviation to promote transportation safety in the United States, especially through local
offices called Flight Standards District Offices
 Developing and operating a system of air traffic control and navigation for both civil and military aircraft
 Researching and developing the NationalAirspace System and civil aeronautics
 Developing and carrying out programs to control aircraft noise and other environmental effects of civil
aviation
- Rules prescribed by the Federal AviationAdministration (FAA) governing all aviation activities in the United
States.
- The FARs are part of Title 14 of the Code of Federal Regulations (CFR) 14 CFR Part

Two Standards

Because for an Aircraft to be "Airworthy", it must meet two standards.


Airworthy is when the aircraft meets its type design and is in a condition for safe operation.

Airworthy

• Type Design = Airworthiness Standard

• Condition for Safe Operation = Performance Standard

Federal Aviation Regulations for Airworthiness

- The FAA issues production approvals to companies who produce aircraft, engines, or parts thereof. These
approvals are outlined in FAR Part21.
- When aircraft or engines are manufactured, they must be manufactured to a specific set of standards. Those
standards are published by the FAA in the form a FAR's.
- In the process of producing aviation articles the manufacturer must comply with one of the following
regulations, as applicable:

• FAR Part 29 - details the airworthiness standards for helicopters with a maximum take-off weight of
12,500 lbs. or more, such as the Bell 412 or Boeing Chinook.

• FAR Part 33 - details the airworthiness standards for both reciprocating and turbine aircraft engines
such as the Lycoming IO-540 or the Pratt & Whitney PW 4000.

• FAR Part 35 - details the airworthiness standards for aircraft propellers such as those made by
McCaulley or Hartzel

- Once an aviation article is produced, the maintenance and inspections (continued airworthiness) of those
articles is regulated by the following FAR's:

• FAR Part 43 - is the rule that governs the continued maintenance, preventive maintenance,
rebuilding and alteration of the above-mentioned articles after they have been manufactured.

• FAR Part 145 - is the rule that governs ai biaft repair station activities, and the personnel working in
repair stations.

- Pilots, aircraft maintenance technicians, and other aviation workers will need specific certifications relating
to their field and job description.

For pilots, Federal Aviation Regulations are classified according to the type of flying being performed and the type of
aircraft flown. Pilots seeking to fly commercially will need to adhere to higher safety standards and training.

FAR Part 141 - contains the regulations regarding the standards for private and commercial pilot training.

FAR Part 61 - governs the certification and operating rules for all pilots. General aviation pilots, such as private pilots,
flight instructors, and ground instructors, face less intense training then that of commercial pilots.

Aviation maintenance technicians seeking to work in the aviation industry will also need to adhere to high safety
standards.

• FAR Part 147 - contains the regulations regarding the standards for aviation maintenance technician
training.
• FAR Part 65 - governs the certification and operating rules for all aviation maintenance technicians

Two Standards

Airworthiness Standards (FAR 21, 23, 25, 27, 29, 51, 33, 35, 36, 39, SFAR and S.R.)

Performance Standards: (FAR 39, 43, 91, 121, 135, and 145.)

Part 23

It contains airworthiness standards required for issuance and change of type certificates for airplanes in these
categories:

I. nine or less passengers, 12,500 pounds or less MTOW:

• normal: non-acrobatic operation (bank angle < 60°);

• utility : limited acrobatic operation

(60° < bank angle < 90°);

• acrobatic : no restrictions

Part 25

This part contains airworthiness standards for airplanes in the transport category.

The Boeing 737 and later types, and Airbus A300 series, are well-known airplane types that were certified according
to standards set out in FAR Part 25.

Transport category airplanes are either:

Jets with 10 or more seats or a maximum takeoff weight (MTOW) greater than 12,500 pounds(5,670 kg); or

Propeller-driven airplanes with greater than 19 seats or a MTOW greater than 19,000 pounds

(8,618 kg).

This Part is organized into six subparts, to specify design criteria for each of

• A= General

• B= Flight

• C= Structure

• D= Design and Construction

• E= Power plant

• F= Equipment

For example, Part 25, Subpart D has section headings for


 General
 Control Surfaces
 Control Systems
 Landing Gear
 Floats and Hulls

For example, Part 25, Subpart D has section headings for

 Personnel and Cargo Accommodations


 Emergency Provisions
 Ventilation and Heating
 Pressurization
 Fire Protection
 Miscellaneous

Transport category airplanes are either:

Jets with 10 or more seats or a maximum takeoff weight (MTOW) greater than 12,500 pounds(5,670 kg); or

Propeller-driven airplanes with greater than 19 seats or a MTOW greater than 19,000 pounds (8,618 kg).

Part 27

This part contains airworthiness standards for rotorcraft in the normal category.

Rotorcraft up to 7,000 lb Maximum takeoff weight and 9 or fewer passengers are type certified in this part.

Examples of rotorcraft certified in this part are the Robinson R44, Schweizer 300 and the Bell 429.

Part 29

This part contains airworthiness standards for rotorcraft in the transport category.

Rotorcraft with more than 7,000 lb (3,200 kg) maximum takeoff weight and 10 or more passengers are type certified
in this part.

Rotorcraft with more than 20,000 lb (9,100 kg) maximum takeoff weight must be certified to additional Category A
standards defined in this part.

PCAR 1: GENERAL POLICIES, PROCEDURES AND DEFINITIONS

It sets forth the basic rules of construction and application of the regulations, definitions applicable to more than one
Part, and the rules governing the administration of licenses and certifications.

PCAR 2: PERSONNEL LICENSING

CAR Part 2 addresses the licensing of personnel. Article 32 of the Chicago Convention requires Republic of the
Philippines to issue certificates of competency and licenses or validate such certificates or licenses issued by other
Contracting States to the pilot of every aircraft and to other members of the operating crew of every aircraft
engaged in international navigation.

The basis of this obligation is the goal of promoting and conducting safe and regular aircraft operations through the
development and implementation of internationally acceptable certification and licensing processes. If the same
process is extended to domestic operations, Republic of the Philippines can ensure the overall safety of aircraft
operation through unification of licensing requirements.
PART 3: APPROVED TRAINING ORGANIZATIONS

Part 3 prescribes the requirements governing the certification of Aviation Training

Organizations.

• No person may operate an Aviation Training Organization (ATO) without, or in violation of, an ATO
certificate and training specifications issued under this Part.

• No person may conductt training, testing and/or checking in Flight Simulation Training Device(s)
without, or in violation of, the certificate and training specifications required.

• The Licensing Authority will issue to an Aviation Training Organization that meets the requirements
of this Part an ATO certificate and training specifications for providing courses for flight crew licenses and ratings and
for courses for personnel other than flight crew members, as approved by the Authority.

PART 4: AIRCRAFT REGISTRATION AND MARKING

CAR Part 4 sets forth the requirements for registration of aircraft in the Republic of the Philippines and governs the
application of nationality and registration marks. Part 4 is derived from ICAO Annex 7.

• No person may operate a civil aircraft that is eligible for registration under the laws of the Republic of the
Philippines unless it has been registered by its owner/operator under the provisions of the laws of the Republic of
the Philippines and the Authority has issued a Certificate of Aircraft Registration for that dircraft which shall be
carried aboard

No person may operate a civil aircraft that is eligible for registration under the laws of the Republic of the Philippines
unless it has been registered by its owner/operator under the provisions of the laws of the Republic of the
Philippines and the Authority has issued a

Certificate of Aircraft Registration for that aircraft which shall be carried aboard that aircraft for all operations.

PART 5: AIRWORTHINESS

CAR Part 5 presents regulatory requirements for the airworthiness of aircraft expected to operate in the Republic of
the Philippines using the standards and recommended practices in ICAO Annexes 6 and 8.

Part 5 is designed to address the complex situation faced by most countries today respecting the airworthiness of
aircraft operating within the country and in international aviation.

CAR Part 5 requires all persons operating Republic of the Philippines registered aircraft to notify the Authority when
certain events occur. The Authority is required to open lines of communication with the State of Design and/or the
State of Manufacture so that the Authority can receive all safety bulletins and airworthiness directives for each type
of aircraft operating in the Republic of the Philippines.

Maintenance requirements are set forth in Part 5 for persons who are neither employee of an Approved
Maintenance Organization (AMO).

PART 6: APPROVED MAINTENANCE ORGANIZATION

CAR Part 6 provides regulations for the registration and monitoring of Approved Maintenance Organizations (AMO)
in Republic of the Philippines. The proper maintenance of aircraft is fundamental to aviation safety, and quires
meticulous record-keeping.

In the Republic of the Philippines, persons have to be individually licensed in accordance with Part 2 to perform any
maintenance task and to sign the maintenance release to return to service any aircraft or component.

CAR Part 6 provides regulations for the registration and monitoring of Approved Maintenance Organizations (AMO)
in Republic of the Philippines. The proper maintenance of aircraft is fundamental to aviation safety, and requires
meticulous record-keeping.
In the Republic of the Philippines, persons have to be individually licensed in accordance with Part 2 to perform any
maintenance task and to sign the maintenance release to return to service any aircraft or component.

An AOC holder must use the services from an AMO with the appropriate ratings, through administrative
arrangements. This means that the maintenance organization of an AOC holder must qualify as an AMO in its own
right and obtain a separate certificate as an AMO. As per the ICAO provisions, there is a need for oversight and
regulation of AMO's from the Authority

An AMO applicant within the Republic of the Philippines is required to disclose any and all AMO certificates in any

Contracting State other than the Republic of the Philippines.

PART 7: INSTRUMENT AND EQUIPMENT

CAR Part 7 presents standards and recommended practices as regulatory requirements for instruments and
equipment on aircraft expected to operate in the Republic of the Philippines.

Part 7 includes survival equipment requirements that may apply to the Republic of the Philippines.

PART 8: OPERATIONS

CAR Part 8 prescribes the requirements for:

1. Operations conducted by airman certified in Republic of the Philippines while operating aircraft
registered in Republic of the Philippines.

2. Operations of foreign registered aircraft by Republic of the Philippines Operators.

3. Operations of aircraft within Republic of the Philippines by airman or Operators of a foreign State.

For operations outside of Republic of the Philippines, all Republic of the Philippines pilots and operators shall comply
with these requirements unless compliance would result in a violation of the laws of the foreign State in which the
operation is conducted.

CAR Part 8 prescribes the requirements for:

Operations conducted by airman certified in Republic of the Philippines while operating aircraft registered in
Republic of the Philippines.

1. Operations of foreign registered aircraft by Republic of the

2. Philippines Operators.

3. Operations of aircraft within Republic of the Philippines by airman or Operators of a foreign State.

For operations outside of Republic of the Philippines, all Republic of the Philippines pilots and operators shall comply
with these requirements unless compliance would result in a violation of the laws of the foreign State in which the
operation is conducted.

PART 9: AIR OPERATOR CERTIFICATION AND ADMINISTRATION

Part 9 applies to the carriage of passengers, cargo or mail for remuneration or hire by persons whose principal place
of business or permanent residence is located in Republic of the Philippines.

This Part of the regulations prescribes requirements for the original certification and continued validity of air
operator certificates (AOC) issued by Republic of the Philippines.
Except where specifically noted, Part 9 applies to all commercial air transport operations by AOC holders for which
Republic of the Philippines is the State of the Operator under the definitions provided in Annex 6 to the Convention
on International Civil Aviation.

Republic of the Philippines shall recognize as valid an AOC issued by another Contracting State, provided that the
requirements under which the certificate was issued are at least equal to the applicable Standards specified in these
Civil Aviation Regulations.

PART 10: COMMERCIAL AIR TRANSPORT BY FOREIGN AIR

CARRIERS WITHIN REPUBLIC OF THE PHILIPPINES

This regulation prescribes requirements applicable to the operation of any civil aircraft, including airplane or
helicopter, for -

1. The purpose of commercial air transportation operations by any air carrier whose Air Operator
Certificate is issued and;

2. Controlled by a civil aviation authority other than the Republic of the Philippines.

Part 10 does not apply to aircraft when used by military, customs, and police services, which are not used for
compensation or hire.

PART 11: AERIAL WORK AND OPERATING LIMITATIONS FOR NON-TYPE CERTIFICATED AIRCRAFT

This Part contains the requirements for those operators and operations that are considered to be aerial work in
Republic of the Philippines.

• All persons who conduct aerial work in Republic of the Philippines must comply with certification
requirements of this

Part.

• All persons who conduct aerial work in Republic of the Philippines must comply with the applicable
airworthiness and operational requirements of this Part, except where this Part grants relief from those
requirements or specifies additional requirements.

PART 13: ACCIDENT & INCIDENT REPORTING & INVESTIGATION

This Part contains requirements of the Republic of the Philippines pertaining to-

1. Personal responsibility for initial notification and later reporting of aircraft incidents and accidents
and certain other occurrences in the operation of aircraft, wherever they occur, when they involve civil aircraft
registered or operated by Republic of the Philippines; when they involve certain public aircraft, as specified in this
part, wherever they occur; and when they involve foreign civil aircraft where the events occur in Republic of the
Philippines.

2. Preservation of aircraft wreckage, mail, cargo, and re cords involving all civil and certain public
aircraft incidents and accidents, as specified in this part, in Republic of the Philippines.

3. Conformance to the international Standards for accident and incident reporting.


The Chairman shall cause an investigation to be carried out into an accident in the following circumstances:

1. where the accident occurs in Republic of the Philippines;

2. where the accident occurs in any Non-contracting State which does not intend to carry out an
investigation of the accident in accordance with ICAO Annex 13 and involves a Republic of the Philippines aircraft or
an aircraft operated by a Republic of the Philippines operator;

3. where the accident involves a Republic of the Philippines aircraft or an aircraft operated by a
Republic of the Philippines operator and the investigation has been delegated to Republic of the Philippines by
another Contracting State by mutual arrangement and consent;

4. where the accident occurs in a location which cannot be definitely established as being in the
territory of any State and involves a Republic of the Philippines aircraft.

PART 18: TRANSPORTATION OF DANGEROUS GOODS BY AIR

This Part prescribes the requirements of the Republic of the Philippines that apply to the carriage of dangerous
goods by air in international and domestic operations of aircraft as specified in -

1. The International Civil Aviation Organization Document, Technical Instructions for the Safe Transport
of Dangerous Goods by Air. and all applicable amendments; and

2. As amplified by, the Dangerous Goods Regulations of the International Air Transport Association.

• This Part is applicable to all Dangerous Goods (DG) and No-DG carry operators of aircraft in-

1. Aerial work;

2. Commercial air transport; al

3. General aviation.

PCAR Part 1: General Policies and Procedures and Definitions

ICAO Annex

Every Annex has separate policies, procedures and definition

PCAR Part 2: Personnel Licensing

ICAO Annex

Annex 1: Personnel Licensing (Main reference)

• Other Annexes as PCAR Part 2 encompasses different aviation personnel

PCAR Part 4: Aircraft Registration and Marking

ICAO Annex

Annex 7: Aircraft Nationality Gad Registration Marks

Philippines Registration Markings

RP-RP-C

RP-G

RP-R

RP-U
RP-S

RP-X

means Government Aircraft

means "Civilian" Aircraft except gliders means Gliders

means Limited Operations/Use Aircraft means RPA (Remotely Piloted Aircraft)

means Non-type Certificated Aircraft means Experimental Aircraft

PCAR Part 5: Airworthiness

ICAO Annex

Annex 5: Units of Measurement to be Used in Air and Ground

Operations

• Annex 6: Operation of Aircraft

• Annex 7: Aircraft Nationality and Registration Marks

• Annex 8: Airwordiness of Aircraft

• Annex 16: Environmental Protection

PCAR Part 6: Approved Maintenance Organization

ICAO Annex

Annex 6: Operation of Aircraft

PCAR Part 7: Instrument and Equipment

ICAO Annex

Annex 6: Operation of Aircraft

Annex 10: Aeronautical Telecommunications

Annex 11: Air Traffic Services

Annex 19: Safety Management

PCAR Part 8: Operations

ICAO Annex

Annex 2: Rules of the Air

Annex 3: Meteorological Service for International Air Navigation

Annex 6: Operation of Aircraft

Annex 8: Airworthiness of Aircraft

Annex 10: Aeronautical Telecommunications

Annex 12: Search and Rescue

Annex 14: Aerodromes


Annex 15: Aeronautical Information Services

Annex 16: Environmental Protection

Annex 18: The Safe Transport of Dangerous Goods by Air

Annex 19: Safety Management

PCAR Part 9: Air Operator Certification and Administration

ICAO Annex

Annex 6: Operation of Aircraft

Annex 8: Airworthiness of Aircraft

Annex 13: Aircraft Accident and Incident Investigation

Annex 19: Safety Management

PCAR Part 10: Commercial Air Transport by Foreign Air Carriers within Republic of the Philippines

ICAO Annex

Annex 16: Environmental Protection

• Other such Annexes as applicable

PCAR Part 11: Aerial Work and Operating Limitations for Non-Type Certificated Aircraft

ICAO Annex

• Other such annexes as applicable

PCAR Part 13: Accident & Incident Reporting and Investigation

ICAO Annex

• Annex 13: Aircraft Accident and Incident Investigation

• Annex 19: Safety Management

PCAR Part 18: Transportation of Dangerous Goods by Air

ICAO Annex

• Annex 18: The Safe Transport of Dangerous Goods by Air

EUROPEAN AVIATION SAFETY AGENCY

- An agency of the European Union (EU) with responsibility for civil aviation safety.
- It carries out certification, regulation and standardisation and also performs investigation and monitoring.
- It collects and analyses safety data, drafts and advises on safety legislation and co-ordinates with similar
organisations in other parts of the world.
- EASA is responsible for new type certificates and other design-related airworthiness approvals for dircraft,
engines, propellers and parts.
- EASA works with the EU member states' civil aviation authorities (CAAs) but has taken over many of their
functions in the interest of aviation standardisation across the EU and in the non-EU member Turkey.
- The European Aviation Safety Agency (EASA) was created in 2003 and reached full functionality in 2008, and
has since taken over most of the JAA functions.
- JAA Certification Specifications, formerly known as JARs, are recognised by EASA as an acceptable basis for
showing compliance with their national airworthiness codes.

REGULATION (EC) 216/2008


- Applies to the design, production, haintenance and operation of aeronautical products, parts and appliances,
as well as personnel and organizations involved in the design, production and maintenance of such products,
parts and appliances, applies to personnel and organizations involved in the operation of aircraft
- Does not apply to those engaged in military, customs, police, etc.

REGULATION (EC) 748/2012

- Established implementing rules for the airworthiness and environmental certification of aircraft and related
products, parts and appliances, as well as for the certification of design and production organizations
- Defines common technical requirements and administrative procedures for the airworthinuf, and
environmental certification of products, parts and appliances.

REGULATION (EC) 1321/2014

- Deals with the continued airworthiness of aircraft and aeronautical products, parts and appliances, and the
approval of organizations and personnel involved in these tasks.
- Establishes common technical requirements and administrative procedures for ensuring the continuing
airworthiness of aircraft.

PART 66
Certifying Staff
Based on the older JAR system and the required training level followed the ATA 104 system.

PART 145
Maintenance Organisation Approval
To obtain approval to be an aeronautical repair station, an organisation must: write. submit and keep updated a
Maintenance Organisation Exposition (MOE). have a documented set of procedures, have a compliance matrix to
show how they meet the requirements of Part-145.

PART147

Training Organisation Requirements

Governs the larger situation of establishing such a training school.

PART M

Continuing Airworthiness

Concerns specifically the continuing airworthiness of aircraft and aeronautical products. parts, and appliances
together with the approval of organizations and personnel involved in these tasks.

PART 21. SUBPART G

Product Organisation Approval

A part built for an aircraft can be certificated with an EASA Form One as approved for a particular aircraft type once
it has been installed as prototype to an aircraft and has been certificated by a Design Organisation with a Minor
Change Approval, a Supplemental Type Certificate (STC) or a Type Certificate (TC).

PART 21. SUBPART J

Design Organisation Approval

Design Organization: an organisation responsible for the design of aircraft, aircraft engines, propellers, auxiliary
power units, or related parts and appliances. and holding. or applying for. type-certificates, supplemental type-
certificates, changes or repairs design approvals or ETSO Authorizations.
License Categories. Aircraft Groups, and Type Trainings Part 66

License Categories

Category A: Line Maintenance Mechanic

Category BI: Mechanical - Line Maintenance Technician

Category B2: Avionics - Line Maintenance Technician

Category B3: Support Staff

Category C: Base Maintenance Certifying Engineer

Aircraft Groups

Group1: complex engine powered aircraft with maximum certified operating altitude exceeding FL290

Group 2: aircraft other than those in Group 1 belonging to the following subgroups: 2a - single turbo-propeller
engine airplanes. 2b - single turbine engine helicopters. 2c - single piston engine helicopters

Group 3: piston engine airplanes other than those in Group

Type Training Level

Level1: General Familiarization

Level 2: Ramp and Transit

Level 3: Line and Base Maintenance

Part M Subpart G: CAMO

Part M

Continuing Airworthiness Management Organization (CAMO)

Coordinates the compliance of aircraft with maintenance program. airworthiness directives, and service bulletins.

EASA Regulation Structure

General

Regulations/Implementing Regulations (hard law)

Acceptable Means of Compliance and Guidance Material

(AMC/GM) (soft law)

Certification Specifications (soft law)

Hard Law = Mandatory

Soft Law = Put down as decisions and non-binding rules

You might also like