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Assignment on Rules of airport under the chicago convention, air and aviation law

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Air and Aviation Law , Assignment on: Rules of airport under the chicago convention, air and aviation law, Sayef Amin

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Assignment on Rules of airport under the chicago convention, air and aviation law

  1. 1. Introduction: The Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (the Chicago Convention), came into force on 4 April 1947. The legal instrument that gives effect to this in Australia is the Air Navigation Act 1920. The Convention established certain principles and arrangements so international civil aviation can develop in a safe and orderly manner, and that international air transport services be established on the basis of equality of opportunity and operated soundly and economically. Arrival Rules in Airport: Arriving passengers please follow the simple steps below to complete the arrival procedures. Immigration: Please have the following documents ready before proceeding to the Immigration Hall: • A valid passport; and a completed arrival card, which is distributed by your airline before landing, or else, please pick up the card in the Immigration Hall; or • Hong Kong Identity Card for Hong Kong citizens. Baggage reclaim: After immigration check, please proceed to the Baggage Reclaim Hall to pick up your bags. Please contact your airline for lost or damaged baggage. Customs and Excise: You may proceed to Customs and Excise control after reclaiming your bags. Use the red channel if you have items to declare, if not, use the green channel. For declaration guidelines, please go to this website. 1
  2. 2. Meet and greet: Big plasma TV panels installed in both Arrivals Hall A and B in Terminal 1 allows meters and greeters to see their arriving friends and relatives right as they enter the Buffer Halls. There is a good selection of food outlets and shops, passengers and other airport visitors can easily get what they want in the halls. Departure Rules in Airport: Terminal 1 and Terminal 2 are linked by a central access way and by covered walkways at either end. They are within two-minute walking distance. After check-in, passengers can choose to go through immigration procedures and security control in either terminal*. Passenger boarding at gates 501-510 can take free shuttle buses from Terminal 1 to North Satellite Concourse, Transfer/ Procedures: If you are taking a connecting flight at International Airport, please pay attention to the steps below. If you have an onward boarding pass, please: • Follow the directional sign to departures level for boarding gates; • Go through security screening; • Check your gate number and time, and reach your boarding gate at least 30 minutes before departures time. For passengers without an onward boarding pass, please: • Check your airline desk's location ; • Follow the directional sign to the designated Airline Desk Areas E1, E2 or W1 for check-in; • Follow the directional sign to departures level for boarding gates; • Go through security screening; • Check your gate number and time, and reach your boarding gate at least 30 minutes before departures time. 2
  3. 3. Airport Security: All departing passengers are required to have both their boarding pass and travel document ready for inspection by airport security personnel upon entering the Departures Immigration Hall. Enhanced security measures are also in place at the airport. To avoid unnecessary delays, make sure you do not pack any “restricted articles” in your hand baggage or carry it on person. If in doubt, please review the list of restricted articles. Dangerous goods, such as flammable liquids, corrosives substances, gas cylinders, are posing a risk to the safety of the aircraft and are not allowed on board, either as checked or hand baggage. Please refer to the list of dangerous goods for general information, or ask your airline for details.Security controls on the carriage of liquids, aerosols and gels (LAGs) in hand baggage by departing passengers are now in force at HKIA. In line with the recommendations of the International Civil Aviation Organization (ICAO), the security restrictions for carriage of LAGs are: • All LAG items carried in hand baggage must be stored in containers of capacity not exceeding 100ml each. Containers larger than 100ml will not be accepted, even if they are partially filled; • Containers must be placed in a transparent re-sealable plastic bag with a capacity of one litre or less, which must close completely; • The plastic bag must be presented separately from other hand baggage for inspection at the security point. Only one transparent plastic bag per passenger is permitted; • Exemptions may be made for medications, baby milk / food and special dietary requirements, subject to verification. All departing passengers are required to have both their boarding pass and travel document ready for inspection by airport security personnel upon entering the Departures Immigration Hall. 3
  4. 4. Enhanced security measures are also in place at the airport. To avoid unnecessary delays, make sure you do not pack any “restricted articles” in your hand baggage or carry it on person. If in doubt, please review the list of restricted articles. Dangerous goods, such as flammable liquids, corrosives substances, gas cylinders, are posing a risk to the safety of the aircraft and are not allowed on board, either as checked or hand baggage. Please refer to the list of dangerous goods for general information, or ask your airline for details. Security controls on the carriage of liquids, aerosols and gels (LAGs) in hand baggage by departing passengers are now in force at HKIA. In line with the recommendations of the International Civil Aviation Organization (ICAO), the security restrictions for carriage of LAGs are: • All LAG items carried in hand baggage must be stored in containers of capacity not exceeding 100ml each. Containers larger than 100ml will not be accepted, even if they are partially filled; • Containers must be placed in a transparent re-sealable plastic bag with a capacity of one litre or less, which must close completely; • The plastic bag must be presented separately from other hand baggage for inspection at the security point. Only one transparent plastic bag per passenger is permitted; • Exemptions may be made for medications, baby milk / food and special dietary requirements, subject to verification. The hand Baggage: Passengers using Hong Kong International Airport are expected to follow the hand baggage guidelines set by the Airline Operators Committee. These state that hand baggage carried onboard an aircraft must not exceed 56cm x 36cm x 23 cm (22” x 14” x 9”).You can check whether your baggage is the right size by using the measuring gauges found around the Check-in Hall and at the entrances of the Immigration Halls in Terminal 1 and Terminal 2. If you are uncertain, please check with your airline. 4
  5. 5. Standards and Recommended Practices: The Chicago Convention provides (Article 37) for the Council of ICAO to make standards and recommended practices dealing with a wide range of matters concerned with the safety, regularity and efficiency of air navigation. The current standards and recommended practices are published by ICAO as Annexes to the Chicago Convention. This list also shows the agency responsible for each Annex. More information about Annexes is available from the ICAO website. Copies of the annexes are available from ICAO or they may be accessed at major libraries. Annexes may also be inspected at the Library of the Department of Infrastructure and Transport, Canberra telephone (02) 6274 7641 (business hours). Facilitation: Annex 9 of the Chicago Convention is an important document for international civil aviation as it details the agreed international SARPs to assist the free flow of passengers and goods, without compromising border integrity and/or sovereignty. The Department of Infrastructure and Transport sits on ICAOs Facilitation Panel, and is part of the National Passenger Facilitation Committee, in which relevant parties (Australian Customs and Border Protection Service, Department of Immigration and Citizenship, Australian Quarantine Inspection Service, major international airports and the airlines) work together to put in place measures enabling Australia to comply with ICAO SARPs to the maximum extent possible. Aircraft Accident Investigation: Annex 13 of the Chicago Convention provides the international SARPs as the basis for aviation accident, serious incident and incident investigations, accident prevention and accident and serious incident reporting, with the sole objective being accident prevention. It is not the objective to apportion blame or provide a means of determining a liability. ICAO manages a database known as the Accident/Incident Reporting (ADREP) system, where safety information discovered during an aviation investigation, and considered vital to accident prevention, is shared among contracting States 5
  6. 6. worldwide. The Australian Transport Safety Bureau (ATSB) in the Department of Infrastructure and Transport is the responsible agency for carrying out the functions of Annex 13, involving civil registered aircraft in Australia and Australian registered aircraft overseas. The ATSB receives reports of around 150 aircraft accidents and serious incidents, 7000 incidents each year and is resourced to conduct independent no-blame investigations into around 90 of these occurrences. For further information on the ATSB,1 Airport Service/ Facilities: Airport Ambassadors are stationed at high-traffic locations throughout the terminals to offer immediate assistance to passengers in need. Wearing a welcoming smile and easily recognizable uniform, they are always at your service. The Airport Ambassador Programme (AAP) is one of the service initiatives to make sure all passengers feel at home the minute they arrive at Hong Kong International Airport (HKIA).The AAP provides on-the-job training for youngsters and offers meaningful volunteer opportunities for senior citizens. Launched in 2002, the AAP has trained more than 1,000 youth, student and senior ambassadors. Aviation Security: Annex 17 of the convention sets out the Standards that signatory States such as Australia are to comply with, in order to safeguard international aviation from acts of unlawful interference. The Annex covers such matters as the organization of security arrangements, preventive measures, and the management of the response to acts of unlawful interference. It also contains extracts from other ICAO Annexes that impinge upon aviation security. Within the Department of Infrastructure and Transport, the Aviation Security Branch develops and monitors airport and airline operators’ compliance with aviation security standards. 1 www.infrastructure.gov.au/aviation/international/icao/index.aspx#3 6
  7. 7. Airport Ambassadors' duties include: • Greeting passengers; • Answering passenger enquiries and giving directions; • Offering assistance to passengers in need; and • Promoting passenger safety. Special Need Access: International Airport is convenient and easily accessible for all passengers, including those with special needs. Ramps and lifts link the two terminals directly with the Ground Transportation Centre, making wheelchair access simple. The airport has five car parks, with the open-air Car Park 1 and multi-storey Car Park 4 offering reserved spaces for special needs, located conveniently next to lifts. Clarifying Airport Security Rules: Many travelers are confused about current security rules and procedures, especially if they haven't been flying recently. Let's get you up to date with the latest airport security regulations and tips for faster security screening for your next flight. Checked Baggage Regulations: Baggage check or airports check-in is a service offered by commercial airlines, allowing flyers to have their luggage carried in the cargo area of an airplane. Before passengers board their plane, they turn over their luggage to the airline; they are then united with their items at the destination. Airlines always enforce limits on carry-on bags. Luggage that exceeds these limits is not allowed into the aircraft's main cabin and need to be checked in. This allows sufficient space in the cabin as well as quicker boarding and disembarkation. Checked luggage has a size and weight limit, and all excess requires a fee. Checked luggage restrictions vary from airline to airline, so it's important to find out about airline rules and baggage fees before you begin packing. Details can often be found on your itinerary, by selecting your airline from this page. 7
  8. 8. Checking Luggage: - Excess baggage requires a fee, so it is best to pack light. - Know the allowances and prohibitions, and follow them. Checked baggage restrictions vary, so be sure to get the correct information from your airline. Contact them if anything is unclear. - Take laptops, cameras, and other sensitive items in your carry-on; never check them in. Security scanners may be harmful to these devices. They may also be more susceptible to theft. Do the same with medicine, prescriptions and personal medical supplies. - Be sure to put tags on your entire luggage, including carry-on bags and laptops. - Buy sturdy, waterproof bag tags, preferably ones with opaque covers to avoid displaying your identity to strangers. - Make sure to place your name, address and telephone number on each tag. - Don't forget to secure all your bags with a padlock. Choose locks approved by the TSA, so TSA agents won't have to destroy your lock in case they need to search your bag. - To make it easier for you to identify your bag at the baggage claim carousel, you may want to fasten a bright-colored ribbon or tape. What Identification is required at US Airports? You know the drill. If you don’t have verification identification, the TSA security folks are not going to just let you walk through. But what exactly counts as ID? And how many of you need it? And what happens if you dont have one? Adults: Adult passengers, 18 and older, are expected to provide documentation before being allowed past security and on the plane. If you do not have, or forget to bring your identification, you may not be allowed on the plane (in some cases you may be permitted but will go through extra security 8
  9. 9. screening). Here is a list of some of the accepted forms of identification: • Valid State Issued Drivers License • Driver Education Card • Passport • Social Security Card • Birth Certificate • Military ID Card • Military Dependent ID Card • Divorce Papers • Certificate of Marriage • Baptismal Records • Court Order • School Records/Transcript (certified) • Unemployment Card • Adoption Papers • Concealed Weapons Permit • DHS "Trusted Traveler" cards (NEXUS, SENTRI, FAST) • A Native American Tribal Photo ID • Border crossing card 9
  10. 10. • Transportation Worker Identification Credential (TWIC) • Canadian provincial driver's license or Indian and Northern Affairs Canada (INAC) cardor A Permanent Resident Card • Any form of government issued ID Passports can take up to six weeks to process, so plan ahead when traveling abroad. Passport facilities can include your local post office, courthouse, and certain travel agencies or libraries. Check with the U.S. Department of State for a listing of participating facilities nearest you. To process your passport, you’ll need two passport sized photos; proof of U.S. citizenship and a valid photo identify verification. For a driver’s license or a state identification card, you’ll need several documents showing proof of citizenship, your social security card and a birth certificate or certificate of citizenship. The exact requirements will vary by state, so you’ll want to check with your local DMV for a list of accepted forms of identification or proofs of residency. There are other forms of personal verification that will be accepted at the Airport, so it is always best to check before your scheduled flight to be sure that you have everything that you need. If you don’t bring acceptable documentation then you may be forced to go through extra screening which can not only prove to be an embarrassing affair, but can cause you to miss your flight completely Airport Management Agreements: Airport Management Agreements (AMAs) allow airport-lessee companies to enter into agreements with qualified companies who are in a position to exercise control over substantial parts of airport land. Further information is available in section 33 of the Airports Act 1996. The Department is giving close consideration to submissions for large subleasing arrangements. It is likely these arrangements will not be considered acceptable in the future. Subleases to a trustee of a trust require appropriate approval. 10
  11. 11. Environment Management at Airports: The Commonwealth has an integrated regime to protect the environment at leased federal airports. Airport operators are required to implement their Airport Environment Strategy. While the airport operator has the main responsibility of protecting the environment, everyone operating or working at an airport needs to be aware of their environmental obligations. The Department oversees this through Airport Environment Officers (AEO). They are responsible for the day to day oversight of the operation of the Airport (Environment Protection) Regulations. Check-in Options: Airlines and airports are continuing to take advantage of the technological advances available to them, giving passengers much more freedom with regard to their traveling preferences and allowing airlines opportunities to utilize staff in more cost-effective ways. By offering a range of check in choices, airlines are ensuring that the entire check-in process is as simple and as swift as possible for all their customers. Airline Counter check-in Checking in for a flight at the airline counter continues to be the most popular choice amongst passengers, especially for those traveling internationally, although the number of travelers using this service is reducing steadily. Counter sign-in involves locating the correct service desks for the particular airline and flight and presenting tickets, e-tickets or booking references to a member of staff who will also check identification (a passport is required if traveling internationally). If checking luggage, bags will be parted with here after being weighed and tagged. Any charges for luggage or upgrades can be paid for during that time. Seat and meal preferences can also be communicated during counter sign-in. Boarding passes will be printed and issued, allowing passengers to head straight to their flight upon completion of the procedure. The advantage of going to the airline counter upon arrival for the passenger is that it is all parts of the process occur at the service desk, while the disadvantage is that there may be long queues which can prove to be inconvenient and frustrating. Airline counters are ideal for those who do not 11
  12. 12. feel comfortable using more modern check-in procedures, such as kiosks, as well as for those with luggage and those whose airline does not offer the options below. Curbside Check-in: Curbside check-in is quite similar to that at the counter, in that the process takes place at a service desk and is conducted by a member of staff. However, the major difference is that these service desks are located at points on the airport concourse, close to entrances and vehicle drop-off zones. The check-in procedure is much the same as counter procedure, but allows passengers to sign in and drop off bags before even stepping foot inside the airport, giving them total freedom once they do step through the entrance. Charges for upgrades and baggage can be paid curbside, though payments are usually only accepted by credit card. Seat and meal preferences can be communicated as with counter check-in. The advantage of curbside registration is that boarding passes can be printed and issued there and then allowing travelers the option to head straight for their flight upon entering the airport, and there are likely to be fewer queues for using this service. Online Check-in: For the tech-savvy traveler, online check-in is often the preferred method as it can ensure a complete lack of queuing at the airport. Online flight registration can usually be undertaken up to a maximum of 24 hours prior to flight departure time from any computer with access to the internet and a printer. Airport hotels often have on-site services especially for this purpose. When going online, seat and meal preferences can be selected, and any charges can usually be made via credit card. When the process is completed, boarding passes can be printed and simply presented when prompted at the airport security desks. This option is particularly suited to passengers who are exclusively carrying hand luggage. Travelers wishing to check baggage will need to locate a baggage drop desk inside the airport to have bags weighed and tagged. Unfortunately, there may be a queue for this service. 12
  13. 13. The Port Authority and the Transportation Security Administration (TSA) are dedicated to making your travel experience safe and secure. We ask you to take a moment to become familiar with some important security measures. By reviewing them now, you will save time at the airport. The key to getting through the airport faster is being prepared. Take these steps in order to minimize time at security checkpoints: • Pack luggage in layers (this increases visibility when baggage is scanned) • Ready your boarding pass and ID • Take off outer garments and shoes • Place any loose metal objects in your carry-on • Remove your laptop from your bag and place it in the bin • Passengers should consider placing additional items in checked baggage since this will ensure a more efficient screening process at TSA screening checkpoints (passengers are reminded that the air carriers request they bring only one carry-on bag and one personal item per person). • Passengers are encouraged to have prescription cards for all medications including syringes. Medications should be in original packaging. • Passengers can also expect additional security procedures to be in place including possible body pat downs. • Passengers should give themselves extra time to check in and proceed through the security checkpoint before their flight, especially during the busy holiday travel season. International Airports: Article 10 of the Chicago Convention requires States to designate airports for international use. This provision is given effect in Australian law by section 9 of the Air Navigation Act 1920 which enables the Minister to designate an airport as international, should it meet the criteria. Further information on the criteria and approval process for the designation of international airports can be found at the international airports The categories of airports are: 13
  14. 14. • Major International: airports of entry and departure where all formalities incident to Customs, Immigration, Health and similar procedures are carried out, and which are open to scheduled and non-scheduled flights; • Restricted Use International: airports of entry and departure at which the formalities incident to Customs, Immigration, Health and similar procedures are made available on a restricted basis, to flights with prior approval only; • Alternate International: airports specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the airport of intended landing; • International Non-Scheduled Flight: airports at which approval may be granted, provided the prescribed prior notice is given, for international non-scheduled flights only; no other form of international operation is permitted; • External Territory International: airports of entry and departure for international air traffic located upon an Australian External Territory, where all formalities incident to Customs, Immigration, Health and similar procedures are available. According to the Chicago Convention, 1944 Providing… Article 11 Applicability of air regulations Subject to the provisions of this Convention, the laws and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State. Article 12 Rules of the air Each contracting State undertakes to adopt measures to insure that every aircraft flying over or maneuvering within its territory and that every aircraft 14
  15. 15. carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable. Article 13 Entry and clearance regulations: The laws and regulations of a contracting State as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State. Article 14 Prevention of spread of disease: Each contracting State agrees to take effective measures to prevent the spread by means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague, and such other communicable diseases as the contracting States shall from time to time decide to designate, and to that end contracting States will keep in close consultation with the agencies concerned with international regulations relating to sanitary measures applicable to aircraft. Such consultation shall be without prejudice to the application of any existing international convention on this subject to which the contracting States may be parties. Article 15 Airport and similar charges: Every airport in a contracting State which is open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to the use, by aircraft of every contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for the safety and expedition of air navigation. Any charges that may be imposed or permitted to be imposed by a contracting State for the use of such airports 15
  16. 16. and air navigation facilities by the aircraft of any other contracting State shall not be higher, (a) As to aircraft not engaged in scheduled international air services, than those that would be paid by its national aircraft of the same class engaged in similar operations, and (b) As to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft engaged in similar international air services. All such charges shall be published and communicated to the International Civil Aviation Organization, provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any contracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon. 16

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