Aviation

A Historical Background of International Air Law--The Madrid Convention of 1926.

The Paris Convention of 1919 produced the International Commission of Air Navigation (ICAN), but it was not signed by the United States, Russia or many other countries after World War I. Spain declined to sign because of Article 34, which related to the uneven treatment of the signatory parties (and for political reasons--Iberia would soon withdrew from the League of Nations after its permanent seat was rejected).

Starting Point of Airline Regulation--A Historical Look at International Air Law

Since the beginning of flight, property owners have argued over the ownership of the space above their land. Two theories of sovereignty have existed and were discussed by early jurist. One side believed property owners had no rights to the space above their land and the other side believed that individuals had exclusive sovereignty. These issues were advanced by international attention shortly after the Wright brothers' first flight.

Airline regulation started after WWI. The new uses of the airplane, not only for war but for transportation of goods and people, demanded regulation. During the Paris Peace Conference of 1919 that ended the War, a French Under-Secretary of State suggested that aviation matters also be taken up during the discussions. His suggestion was favorably received by the delegates.

The Naked Truth - Whole Body Airport Scans

A revealing article by New York Times writer Joe Sharkey (April 6, 2009):

In a shift, the Transportation Security Administration plans to replace the walk-through metal detectors at airport checkpoints with whole-body imaging machines — the kind that provide an image of the naked body. Initially, the machines were supposed to be used only on passengers who set off the metal detectors, to provide them with an option to the customary secondary physical pat-downs and inspections by electronic wand.

Changes Under Obama Administration

The following predictive article was written by John Hughes of Bloomberg.

Delta Air Lines Inc. and U.S. carriers may face higher labor costs while finding it easier to protect New York flights with Barack Obama as president. Obama also has pledged to keep current limits on foreign ownership of U.S. airlines' stock, and may accelerate air- traffic control upgrades and improve controllers' working conditions, according to industry groups and unions.

Airline Passenger Rights

The airlines are facing difficult times to say the least. The cost of fuel is placing a tremendous burden on their financial well-being. They are coping by raising fees and cutting domestic capacity - this increase is something that should have been done many years ago. Adjusted for inflation, it is cheaper to fly now than any time in the past. The flying public must pay for the tremendous services they receive and not expect supplemented travel benefits. With that in mind, the airlines in return need to provide a quality product that meets public demand and expectations.

No matter how hard the airlines try, things will go wrong. When they do, the flying public is effected. Delays and cancellations will occur and the best laid plans go astray. What are your rights and remedies when the unexpected happens? Knowing your passenger rights can help in dealing with these problems.

WiFi Access on Airplanes

Delta Air Lines will offer wireless broadband Internet service on domestic flights as early as this fall. Delta is the first air carrier to offer such inflight service.

Delta is partnering with Aircell® to instal the mobile broadband network on the its domestic fleet. With GoGo™, the name of the wifi system, customers will now be able to use computers, smartphones, or PDAs to access the internet or instant texting.

GoGo™ will be available for a flat fee of $9.95 on flights of three hours or less, and $12.95 on flights of more than three hours. The first GoGo™ systems will be installed on Delta's 133 MD88 and MD90 aircraft. The rest of the fleet will receive the system during the first half of 2009.

Aircraft Hanger and Tie-Down Agreements

Hanger and tie-down agreements are usually drafted by the landlord and can be contracts of adhesion-that is, a contract that, like fly-paper, traps you to the surface. The following is offered as general advice and is not in any way detailed enough to prevent such an agreement from being entered into by either party. Before entering into a tie-down or hanger agreement, you should contact an aviation attorney familiar with such agreements.

A typical tie-down or hanger agreement is drafted by the hanger owner's attorney. It is incumbent on the aircraft owner to thoroughly review such agreement before signing it. The aircraft owner should not be forced into executing a document that might later lead to trouble.

Aircraft Buy/Sale Agreements

The purchase of an aircraft is a big investment and professional counsel from an aviation lawyer should be sought before finalizing the transaction. This article is intended as an overview and is not specific legal advice. It is simply a summary of the laws covering aircraft sales agreements.

The Uniform Commercial Code (UCC) has been adopted by all 50 states to harmonize the sale of personal property. Generally, personal property is that which is movable and tangible; an aircraft is personal property and therefore falls under the purview of the UCC. The UCC is divided into articles, each dealing with a specific area of commercial transactions. Article 2 is devoted to the selling of products or goods. A sale takes place when goods are transfered from a seller to a buying in exchange for money or other compensation. Therefore, when you are buying or selling an aircraft, you will be subject to the detailed laws of UCC Article 2.

What is Aviation Law

Aviation law is the branch of law that covers air transportation, including, among other things, passenger rights, FAA enforcement, regulation of airspace, buying and selling of aircraft, accidents and liability, and aircraft operation and maintenance.

Several administrative agencies regulate the aviation industry. Within the United States, the Federal Aviation Administration (FAA) governs aircraft and related flight. The several States are prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act. However, States are not prohibited from enacting consistent laws, or from altering existing remedies under state law. Internationally, the International Civil Aviation Organization (ICAO), an agency of the United Nations, provides regulation and oversight of aviation law.

Should I Hire An Attorney?

If you have been injured, or a friend or loved one has been injured or killed in an aviation accident, an attorney can help you protect your legal rights. In the days and weeks following the accident, you may be contacted by various people asking you to make statements or sign documents. If you do so without legal counsel, you may waive certain rights, limit your ability to be fairly compensated for your losses or even lose the opportunity to discover information about the accident.

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