In most countries, there are strict regulations for the aviation industry. 2.9 To what extent is there a risk from the perspective of an owner or financier that a lessee of aircraft or other aviation assets in your jurisdiction may acquire an economic interest in the aircraft merely by payment of rent and thereby potentially frustrate any rights to possession or legal ownership or security? If there is not a force majeure clause in a contract, a party can argue that they are unable to meet contractual obligations due to the contract being frustrated. The priority notice remains valid for 14 working days from and including the date of entry, and during this period either the relevant aircraft mortgage must be registered or a further priority notice entered. In relation to a), the supply, charter or hire of qualifying aircraft are zero-rated for VAT purposes. Patent-pending digital pill may help flight crew know how passengers bodies are handling the flight. Legal factors can decide whether or not there is a business behind selling a certain product (perhaps drugs, or sharp objects), and can also affect the mechanisms through which a company stocks their inventory or interacts with the customer. John F. O'Connell; George Williams (Editor), Attention All Passengers: The Airlines' Dangerous Descent -- and How to Reclaim Our Skies, Clipped Wings: Corporate Social Responsibility and the Airline Industry, From Lowlands to High Skies: a Multilevel Jurisdictional Approach Towards Air Law, Full Upright and Locked Position: Not-So-Comfortable Truths About Air Travel Today, Peter Belobaba (Editor); Cynthia Barnhart (Editor); Amedeo Odoni (Editor), International Air Carrier Liability: Safety and Security, Andrew J. Harakas; American Bar Association, Tort Trial and Insurance Practice Section Staff (Contribution by), Managing the Skies: Public Policy, Organization, and Financing of Air Traffic Management, The Principles and Practice of International Aviation Law, Progressive Commercialization of Airline Governance Culture, The Routledge Companion to Air Transport Management, Nigel Halpern (Editor); Anne Graham (Editor), https://guides.library.harvard.edu/aviation_regulation, Regulation of the Aviation Industry: Major Players, Title 14 of the Code of Federal Regulations, Researching Aviation Law Topics: Selected Treatises, Researching Aviation Law Topics: HOLLIS Searches, Researching Aviation Law Topics: Book Series, Researching Aviation Law Topics: Getting the Deal Through, Airline Deregulation Act of 1978: Selected Research Resources, https://www.transportation.gov/airconsumer, https://www.gpo.gov/fdsys/pkg/CFR-2004-title14-vol1/content-detail.html, https://www.loc.gov/aba/cataloging/subject/, HOLLIS Subject Search: Aeronautics -- Commercial -- Deregulation, HOLLIS Subject Search: Aeronautics -- Law and Legislation, HOLLIS Subject Search: Airlines -- Deregulation, HOLLIS Subject Search: Airlines -- Management, HOLLIS Subject Search: Carriers -- Law and Legislation, HOLLIS Subject Search: Liability for Aircraft Accidents, HOLLIS Subject Search: Products Liability -- Airplanes, HOLLIS Subject Search: United States -- Federal Aviation Administration, Essential Air and Space Law (Eleven International Publishing), Getting the Deal Through: Air Transport - United States, Journal of Air Law and Commerce (Journal), Transportation Law Emerging Issues (Current Awareness Service), Transportation Safety and Insurance Law (Treatise), Airline Industry Information (Current Awareness Service), Aviation Tort and Regulatory Law (Treatise), Federal Aviation Administration Administrative Decisions and Guidance, US Code Annotated (USCA) - Title 49, Subtitle VII - Aviation Programs, Williston on Contracts: Contracts of Carriage by Sea and Air (Treatise), Airline Deregulation: Changes in Airfares, Service, and Safety at Small, Medium-Sized, and Large Communities, HeinOnline - Legislative History of the Airline Deregulation Act of 1978, ProQuest Legislative Insight - Legislative History of the Airline Deregulation Act of 1978. The passenger airline industry is affected by the following factors. , . 1.5 Are air charters regulated separately for commercial, cargo and private carriers? 3.5 What types of remedy are available from the courts or arbitral tribunals in your jurisdiction, both on i) an interim basis, and ii) a final basis? Nevertheless, there are various challenges that the airline industry faces which includes high operational costs, regulatory frameworks and demanding clientele. Certified copies of the entries on the Mortgage Register are available at 31 per aircraft. Political Factors Affecting Airline Industry Political factors affecting airline industry refer to a variety of government interventions that may hinder or enhance the operations of air transport. The CAA is an independent body responsible for economic, safety and consumer protection regulation, and airspace policy. Due to the pandemic, many countries have temporarily suspended flights from other countries. The rising cost of oil and other necessary machines can impact the airline industry. The Harvard Library collections include some book series that are related to aviation law, and the links below are to pre-populated HOLLIS searches by book series title. If you want to analyze the situation in which a business finds itself, environmental analysis is a great place to start. The term socio-culture refers to the combination, or interaction, of social and cultural elements. Under the UK GDPR there is now a mandatory obligation for an airline to notify the Information Commissioners Office (ICO the regulatory body in charge of the DPA) of a data breach under Article 33. , . This was an issue before the pandemic and, especially in some regions, will be worse after. Around the world, the number of people flying increased by 6.6% in 2017. The recent era of economic depression shook all industries and airlines industry was no exception. The airline industry needs to do regular technical up-gradation of their system and work on the communication with the air traffic. Ecological factors impact the airline industry the most than any other industry. At the national level, codeshare cases were investigated by the Italian National Competition Authority (see the Alitalia/Volare case and the Alitalia/Meridiana case). In certain circumstances, these rights of detention will also include a power of sale of the relevant aircraft, or attach to the rest of the operating fleet of which the aircraft is a part despite different ownership. The state of the airline industry is strong. Department of Transportation and Federal Aviation Administration are the main regulatory bodies that oversee airline operations and related laws. It can harm their image and have some negative impact on their business. Airports have a responsibility for managing the noise impact of aircraft. However, where a merger falls outside the turnover thresholds of the EU Merger Control Regulation 139/2004, but falls within the definition of relevant merger situation within the Act (see below), the CMA will have jurisdiction to investigate it within four months of completion or the date it was made public, whichever is later (discussed below). The Package Travel and Linked Travel Arrangements Regulations 2018 implemented the Package Travel Directive in the UK on 1 July 2018. They can calculate the carbon footprint for being responsible to the environment. There are two types of operating licence: Type A; and Type B. 'PESTLE Analysis | Generating Better Profit Margin for an Airline Industry', PESTLE Analysis, [online]. At the same time, the economic condition of all the countries has experienced some depression which can affect the airline industry as well. 3280, paragraph 158 (j); Lufthansa/SNAirholdings, Case COMP/M. Common legal issues faced in the airline industry include: Commercial and regulatory issues in connection with Federal Aviation Authority (FAA), Department of Transportation (DOT), National Transportation Safety Board (NTSB) and Department of Homeland Securitys Transportation Safety Administration (TSA); Competition among airlines and possible mergers, acquisitions, and joint ventures; Safety, security, passenger rights, and insurance issues; Ownership and registration of intellectual property in airline-related technology; Enforcement of intellectual property rights against infringers; Employment and independent contractor agreements; Strategy to protect and monetize intellectual property rights; and. The Chicago Convention is integrated into English law and applicable in the jurisdiction as a matter of international law. Gatwick has confirmed that the second runway still forms part of its long-term recovery plans despite the impact of the coronavirus pandemic on aviation and travel and, at the time of writing, Gatwicks plans are at the stage of public consultation, which was scheduled to close on 1 December 2021. There are many external factors that influence on emirates airline, which play an important term is airline those factors, are political, economic, social, technological, and legal factors. The workforce in Canada is very diverse and represents different walks of life. Customs and excise authorities may detain an aircraft to enforce their charges against an operator. Book records in the HOLLIS library catalog generally include one or more Library of Congress Subject Headings (LCSH) (https://www.loc.gov/aba/cataloging/subject/). UK-registered companies are not required to have a local shareholder or director; they just need to have a registered address in the UK. The number of passengers may decrease while the cost of raw materials may increase. With its global reach, reliance on technology, manpower, and heavy use of oil, it is exposed to many risks and threats. It will also give them an opportunity of getting investors. For financial years beginning on or after 1 January 2016 and, if the directors of the acquirer so decided, financial years beginning on or after 1 January 2015, the acquirer qualifies as small or medium-sized if it, or the group of which it is a member (as defined in section 474 of the Companies Act 2006), has satisfied certain criteria laid down by the CMA (which is more fully detailed in the relevant section of the government website: www.gov.uk). It was formerly known as the Air Transport Association of America (ATA). The ICO enforced a then unprecedented 20 million fine on British Airways as a result of the breach. Civil Aviation Authority Regulations 1991 Statutory Instrument No 1672 1991. Nevertheless, limited case law on the subject is exclusively related to real estate (that is, immovable assets) and there is perceived to be little or no risk as a matter of English law to loss of or prejudice to title when aircraft engines are installed on a different airframe. The Transport Act 2000 requires airport operators to keep records of aircraft movements in order to facilitate the assessment and calculation of charges. All these economic factors resulted in increased bankruptcies of major airline companies. Insecurity or war factors that affect particular countries always have a negative impact on the airline industry. The Court went on to state that Regulation 261 takes effect in English law (as amended by the changes to Regulation 261 by the Air Passenger Rights and Air Travel Organisers Licensing (Amendment) (EU Exit) Regulations 2019) as follows: In Varano v Air Canada [2021] EWHC 1336 (QB), the High Court looked at the issue of delays to connecting flights, and the obligations of non-Community carriers where operations outside the EU are disrupted. The Court analysed the position under English law and overruled the defendants submission that Lipton v BA City Flyer was wrongly decided insofar as claims decided after the end of the transition period should be decided on the basis of Regulation 261 as amended by the 2019 Amendment Regulations. With global operations and operating at the leading edge of technical development, operators are exposed to wide-ranging and unpredictable events. In addition, the CAA advises the UK Government on aviation issues, represents consumer interests, conducts economic and scientific research and produces statistical data. For example, are there any particular rules, regulations, systems and procedures in place which need to be adhered to? The principal legislation relating to investigation of air accidents includes: The AAIB has the power to require the detention and preservation of evidence, and has powers of enquiry. 1.7 Are airports state or privately owned? 1.10 Have there been any recent cases of note or other notable developments in your jurisdiction involving air operators and/or airports?