Legal Matters

Legal Matters

Air traffic control, and ATM generally, relies on procedures, instructions, national regulation and international standards and recommended practices. Such a standardized and highly regulated domain raises a number of issues regarding roles and responsibilities, and even liabilities, of the parties involved. The Legal Matters section of WIKIFATCA contains a number of policies, working papers, and other documents and resources related to legal issues, law, jurisprudence and other similar subjects.

 

 

DEFINITION OF LEGAL MATTERS

In law terms, legal matters means a legal issue or administrative or judicial proceeding. The term also includes any dispute regarding the rights or obligations of a party that arise out of or relate to the existence, negotiation, validity, formation, interpretation, breach, performance or application of an agreement. It can also refer to any action, suit, litigation other legal proceeding, alternative dispute resolution proceeding, inquiry, investigation or other proceeding by or before any arbitral or other forum (Law Insider, 2020).

For IFATCA, and within the air traffic control domain, the term may apply to a variety of issues, such as, but not limited to: rights of representation, protection of identity, exemption of duty, controller liability, negligence (duty of care) and any other matters that depends upon the interpretation of the law, aviation regulation, procedures, and other regulatory documents.

 

What falls under Legal Matters?

The IFATCA Technical and Professional Manual (TPM) contains a section dedicated to Legal Matters (IFATCA, 2019). IFATCA has policy on a number of legal issues, such as:

  • Protection of identity;
  • Right of representation;
  • Exemption from duty;
  • Provision of air traffic services over foreign territory;
  • Controller-in-charge (CIC) liability;
  • Legal aspects of transfer of control;
  • Liability related to aerodrome controllers;
  • Third party risk;
  • Use of recorded data;
  • Existing jurisprudence concerning air traffic control;
  • Legal assistance to controllers; and
  • Etc.

For more information, visit one of the following WIKIFATCA pages:

Legal Matters 118

  1. ADME 2.6 RESPONSIBILITY AND FUNCTIONS OF AERODROME CONTROLLERS WITH REGARD TO SURFACE MOVEMENT
  2. Air Traffic Control Separation Monitoring Tool (ASMT)
  3. ATC and Public Relations
  4. ATC and Public Relations
  5. ATCO Performance
  6. Availability of Databank
  7. Central European Air Traffic Services (CEATS) and the use of Functional Blocks of Airspace (FBA)
  8. Changed Working Conditions Under Privatisation
  9. Clarification of Sector Manning Principles
  10. Co-operative Separation
  11. Data Bank of Jurisprudence Update and Figures
  12. Definition of Essential and Minimum ATC Service
  13. Draft Convention for the Profession of Air Traffic Controllers
  14. Equal Opportunities Legislation
  15. Examine the Interface Between AFIS and ATC
  16. Extra Duty
  17. Forcing Controllers to Work at a Specific Foreign Location
  18. Future ATM Systems of the Next Century
  19. Guidelines on Minimum ATC Service During Industrial Disputes
  20. Human Factors in Accident and Incident Investigation
  21. IFATCA Policy on Legal Matters
  22. IFATCA’s Role in the Area of Professional and Industrial Issues
  23. IFATCA/ Eurocontrol Prosecutor Expert Course
  24. Industrial Action in ATC
  25. Interference with Air Traffic Control Radiotelephony (RT)
  26. Intimidation of the Air Traffic Controller
  27. Intimidation of the Controller
  28. Intimidation of the Controller
  29. Intimidation of the Controller
  30. Investigate the Mechanisms for Dealing with a Critical Incident/Accident
  31. Just Culture Revisited – Guidance Material for Member Association
  32. Legal Aspects in Air Traffic Control
  33. Legal Aspects of the Introduction of GNSS
  34. Legal Consequences of Privatisation
  35. Legal Consequences of Privatisation
  36. Legal Issues in Paperless or Strip-less Environments
  37. Legal Liability Aspects of Inadequate Staffing
  38. Legal Liability of the Air Traffic Controller
  39. Legal Liability of Working with Unserviceable Or Inadequate Equipment
  40. Legal Rights of Pregnant ATCOs
  41. Liability in Automated Systems
  42. Liability in Automated Systems
  43. LM 11.1.1 FOUNDATIONAL AND GENERAL POLICY ON THE LEGAL LIABILITY OF THE CONTROLLER
  44. LM 11.1.2 THIRD PARTY RISK
  45. LM 11.1.3 LIABILITY RELATED TO AERODROME CONTROLLERS
  46. LM 11.1.4 TRANSFER OF CONTROL FUNCTIONS – LEGAL ASPECTS
  47. LM 11.1.5 ROLES AND RESPONSIBILITIES OF THE CONTROLLER-IN-CHARGE (CIC) IN REGARD TO LIABILITY AND OPERATIONAL RESPONSIBILITY
  48. LM 11.1.6 PROVISION OF ATS OVER FOREIGN TERRITORY
  49. LM 11.2.1 JUST CULTURE, TRUST AND MUTUAL RESPECT
  50. LM 11.2.2 EXEMPTION FROM DUTY
  51. LM 11.2.3 RIGHT OF REPRESENTATION
  52. LM 11.2.4 PROTECTION OF IDENTITY
  53. LM 11.2.5 REFERENCE CARD
  54. LM 11.2.6 USE OF RECORDED DATA
  55. LM 11.2.7 USE OF ATS SURVEILLANCE DATA IN THE PROVISION OF NON-SURVEILLANCE SERVICES
  56. LM 11.3.1 LEGAL ASSISTANCE FROM IFATCA
  57. LM 11.3.2 EQUAL OPPORTUNITY LEGISLATION
  58. LM 11.3.3 CENTRAL DATABANK OF JURISPRUDENCE
  59. LM 11.3.3.1 ATTACHMENT: DATABANK OF JURISPRUDENCE REPORTING FORM
  60. LM 11.4 UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION FACILITIES
  61. LM 11.5 UNSAFE AIRSPACE/AERODROME
  62. Monitoring Institutional Framework in ATM
  63. Monitoring Privatisation/commercialisation in ATC
  64. Monitoring the Use of TCAS
  65. Operating in Unsafe Airspace
  66. Performance Indicators in Context
  67. Performance Targets in Air Traffic Management
  68. Policy on the Use of Recorded Data
  69. Practical Legal Aid Programme
  70. Practical Legal Aid Programme
  71. Privatisation / Commercialisation
  72. Protection of Safety Information
  73. Protection of the Identity of ATM Staff Involved in Serious Incidents / Accidents
  74. Provision of Services by Third Party Service Providers
  75. Quality Management Systems in ANSPs and the Relation with the SMS
  76. Radar Recording in ATC Systems – Technical and Professional
  77. Regulatory Framework in ATM
  78. Remote Control Towers
  79. Report of the Ad Hoc Committee on the ILO
  80. Responsibilities and Functions of Aerodrome Control with Regard to Surface Movements (Legal Aspects)
  81. Responsibilities and Functions of Aerodrome Controller with regard to Surface Movements – Legal Aspects
  82. Responsibility and Liability of Operating in Delegated Airspace
  83. Review of Existing IFATCA Policies (Legal)
  84. Review of Existing IFATCA Policies (Legal)
  85. Review of Existing IFATCA Policies (Legal)
  86. Review of Existing IFATCA Policies (Legal)
  87. Review of Existing IFATCA Policies (Legal)
  88. Review of IFATCA Policy on Legal Liability
  89. Review of ILO Conclusions
  90. Review of Professional and Legal IFATCA Policy Relating to Unlawful Interference with Particular Regard to Controllers Training
  91. Review of Provisional Policy – ATM Safety Monitoring Tools (ASMT)
  92. Review of Single Person Operations Policy and Four Eyes Principle
  93. Review of the Legal Section Relating IFATCA’s Just Culture Policy
  94. Review Policy on Interception of Civil Aircraft
  95. Review Policy on Privatization
  96. Review Policy on Use of Unqualified Personnel
  97. SC7 Central Data Bank of Jurisprudence
  98. SC7 Central Data Bank of Jurisprudence – a Progress Report
  99. Study on Legal Liability when Airborne Collision Avoidance Systems (ACAS) are Implemented
  100. Study on the Correlation Between Compensation for Loss of Licence, Early Retirement Programme, Medical Checks, Proficiency Checks and Conditions of Employment
  101. Study the Legal Aspects of the use of GNSS for Air Navigation
  102. Supranational Legislation
  103. Terrain and Obstacle Clearance Responsibilities
  104. The ILO Meeting of Experts on Problems Concerning Air Traffic Controllers
  105. The Legal Implications of ICAO Contingency Measures
  106. Third Party Risk
  107. Third Party Risk – Legal Aspects
  108. Transfer of Control Functions to Pilots (Legal Aspects)
  109. Transfer of Separation Functions to Pilots – Human Factors Aspects
  110. Transgression in Service Providers
  111. Unlawful Seizure of Aircraft and Unlawful Interference with Civil Aviation and its Facilities
  112. Update of Accident and Incident Investigation Policy
  113. Update of Policy on Legal Liability of the Controller
  114. Update on Commercialisation of Air Traffic Services
  115. Use of Area Recordings
  116. Use of Unqualified Personnel
  117. Use of Unqualified Personnel – Legal Aspects
  118. Working with Unserviceable or Inadequate Equipment

 

Last Update: September 30, 2020  

October 27, 2019   204   superman    WIKI  

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