The subject of aviation law is one of the central topics in the theoretical training for obtaining an instrument rating (IR). It teaches the legal and regulatory principles required to conduct flights safely, efficiently and in accordance with national and international laws. The essential content of this subject is presented in detail below in order to illustrate the breadth and depth of the topic.
International laws and agreements
International aviation law is the foundation on which the organisation of air traffic is based worldwide. It is regulated by a large number of agreements and organisations that ensure harmonised standards and procedures.
The Chicago Convention
The Chicago Convention, adopted in 1944, is the central document of international air transport. It regulates the rights and obligations of contracting states and forms the basis for the International Civil Aviation Organisation (ICAO). The agreement defines, among other things
- The sovereignty of states over their airspace.
- Rights for international flights, such as the right to overflight, stopovers and commercial flights.
- Standards for the registration and identification of aircraft.
- Safety requirements for international air transport.
ICAO and its standards
The ICAO is responsible for the development of Standards and Recommended Practices (SARPs), which are laid down worldwide in the 19 Annexes to the Chicago Convention. Examples are
- Appendix 2: Aviation rules.
- Annex 6: Operation of aircraft.
- Annex 11: Air Traffic Services.
European regulations
Within the European Union, the European Union Aviation Safety Agency (EASA) coordinates the implementation of aviation legislation. EASA creates standardised regulations for all member states, e.g. through Regulation (EU) No. 965/2012 for flight operations.
Licensing of personnel
The licensing of aviation personnel is a crucial aspect of aviation law. It ensures that all pilots and other aviation personnel have the necessary qualifications and competences.
Types of licences
- Private pilot licence (PPL):
- Authorised for non-commercial flying under visual flight rules (VFR).
- Instrument Rating (IR):
- Additional authorisation to conduct flights under IFR.
- Commercial pilot licence (CPL):
- Required for commercial flight operations.
- Airline Transport Pilot Licence (ATPL):
- Prerequisite for employment as a captain in an airline operation.
Acquisition and requirements
The acquisition of licences includes:
- Theoretical training in subjects such as meteorology, navigation and aviation law.
- Practical flight training.
- Inspections that are approved by the competent authority such as the German Federal Aviation Authority (LBA).
- Medical fitness certificates and language competence at ICAO level 4 or higher.
Rules of the air
Rules of the air ensure that flight movements can be carried out safely and efficiently. They include both VFR and IFR regulations.
Rules for VFR flights
- Visual requirements: Minimum flight visibility and distance to clouds.
- Height limits: Compliance with visual flight rules in certain airspaces (e.g. below flight level 100 in Germany).
- Airspace classes: Use of uncontrolled airspace (e.g. class G).
Rules for IFR flights
- Clearance by air traffic control: Prerequisite for the start of the flight.
- Minimum security levels: Heights that provide sufficient distance from terrain and obstacles.
- Communication obligations: Constant liaison with air traffic control (ATC).
Flight schedules
An IFR flight plan is an essential prerequisite for flights under instrument flight rules.
- Contents:
- Planned route, aircraft type, speed, flight altitudes and alternative airports.
- Submission:
- Must be submitted to air traffic control before the flight.
- Updates:
- Possible adjustments during the flight.
ATC communication
Communication between pilots and air traffic control (ATC) takes place according to standardised procedures.
- Standard phrases: Use of standardised terminology to avoid misunderstandings.
- Frequency change: Pilots must follow ATC instructions regarding frequency changes.
Air transport procedures
Departure procedure
- Standard Instrument Departures (SID): Predefined routes that pilots must fly after take-off.
Approach procedure
- Standard Terminal Arrival Routes (STAR): Standardised procedures for approaching an airport.
- Instrument approaches: Use of navigation aids such as ILS, VOR or RNAV.
Holding procedure
- Definition: Circling around a navigation point, e.g. in traffic jams.
- Purpose: Ensuring an orderly flow of traffic.
Air Traffic Management
Air Traffic Management (ATM) covers all aspects of the organisation of air traffic.
- Staggering: Ensuring minimum distances between aircraft.
- AIS (Aeronautical Information Service): Provision of information for flight preparation and execution.
Rules at aerodromes
Aerodromes are subject to strict regulations.
- Apron and tarmac: Labelling with markings and lighting.
- Signposting: Orientation aids for pilots.
- Safety requirements: Rules for behaviour on the ground.
Security
Safety is at the centre of aviation law. It includes:
- Security: Protection against illegal interventions.
- Emergency management: Procedure for unforeseen situations.
- Accident investigations: The aim is to avoid similar events in the future.
Conclusion
The subject of aviation law provides pilots with a comprehensive basis for conducting flights safely and in compliance with regulations. It covers all relevant aspects from international agreements to specific operating procedures and is essential for every pilot.
Source references:
EASA FCL