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 175

  1. A Review of the Policy on the ATM Safety Monitoring Tool
  2. ADME 2.6 RESPONSIBILITY AND FUNCTIONS OF AERODROME CONTROLLERS WITH REGARD TO SURFACE MOVEMENT
  3. Air Traffic Control Separation Monitoring Tool (ASMT)
  4. Ambient Workplace Recording
  5. ANSP Key Performance Indicators (KPIs)
  6. ARIWS – Autonomous Runway Incursion Warning Systems
  7. ATC and Public Relations
  8. ATC and Public Relations
  9. ATCO Duty of Care
  10. ATCO Performance
  11. ATS 3.14 VIRTUAL CENTERS AND FUNCTIONAL AIRSPACE BLOCKS
  12. ATS 3.19 CONFLICT DETECTION TOOLS
  13. ATS 3.3 HARMONISATION OF THE AIRSPACE CLASSIFICATION
  14. ATS 3.36 RECATEGORIZATION OF AIRCRAFT FOR WAKE TURBULENCE
  15. ATS 3.38 TERRAIN AND OBSTACLE CLEARANCE RESPONSIBILITIES
  16. ATS 3.8 ATC WITHIN ICAO ASSIGNED INTERNATIONAL AIRSPACE- THE IMPACT OF TECHNOLOGY
  17. Availability of Databank
  18. Central European Air Traffic Services (CEATS) and the use of Functional Blocks of Airspace (FBA)
  19. Changed Working Conditions Under Privatisation
  20. Clarification of Sector Manning Principles
  21. Co-operative Separation
  22. Cybersecurity
  23. Data Bank of Jurisprudence Update and Figures
  24. Definition of Essential and Minimum ATC Service
  25. Draft Convention for the Profession of Air Traffic Controllers
  26. Duty of Care Principles and Over Servicing
  27. Equal Opportunities Legislation
  28. Examine the Interface Between AFIS and ATC
  29. Extra Duty
  30. Flight Information Service
  31. Forcing Controllers to Work at a Specific Foreign Location
  32. Future ATM Systems of the Next Century
  33. Guidelines on Minimum ATC Service During Industrial Disputes
  34. HF Considerations when Operating Multiple Operational Positions/Sectors
  35. Human Factors in Accident and Incident Investigation
  36. IFATCA Policy on Legal Matters
  37. IFATCA’s Role in the Area of Professional and Industrial Issues
  38. IFATCA/ Eurocontrol Prosecutor Expert Course
  39. Incorporating Cybersecurity into Unlawful Interference Policy
  40. Industrial Action in ATC
  41. Interference with Air Traffic Control Radiotelephony (RT)
  42. Intimidation of the Air Traffic Controller
  43. Intimidation of the Controller
  44. Intimidation of the Controller
  45. Intimidation of the Controller
  46. Investigate the Mechanisms for Dealing with a Critical Incident/Accident
  47. Just Culture Revisited – Guidance Material for Member Association
  48. Legal Aspects in Air Traffic Control
  49. Legal Aspects of the Introduction of GNSS
  50. Legal Consequences of Privatisation
  51. Legal Consequences of Privatisation
  52. Legal Issues in Paperless or Strip-less Environments
  53. Legal Liability Aspects of Inadequate Staffing
  54. Legal Liability of the Air Traffic Controller
  55. Legal Liability of Working with Unserviceable Or Inadequate Equipment
  56. Legal Rights of Pregnant ATCOs
  57. Liability in Automated Systems
  58. Liability in Automated Systems
  59. LM 11.1.1 FOUNDATIONAL AND GENERAL POLICY ON THE LEGAL LIABILITY OF THE CONTROLLER
  60. LM 11.1.2 THIRD PARTY RISK
  61. LM 11.1.3 LIABILITY RELATED TO AERODROME CONTROLLERS
  62. LM 11.1.4 TRANSFER OF CONTROL FUNCTIONS – LEGAL ASPECTS
  63. LM 11.1.5 ROLES AND RESPONSIBILITIES OF THE CONTROLLER-IN-CHARGE (CIC) IN REGARD TO LIABILITY AND OPERATIONAL RESPONSIBILITY
  64. LM 11.1.6 PROVISION OF ATS OVER FOREIGN TERRITORY
  65. LM 11.2.1 JUST CULTURE, TRUST AND MUTUAL RESPECT
  66. LM 11.2.2 EXEMPTION FROM DUTY
  67. LM 11.2.3 RIGHT OF REPRESENTATION
  68. LM 11.2.4 PROTECTION OF IDENTITY
  69. LM 11.2.5 REFERENCE CARD
  70. LM 11.2.6 USE OF RECORDED DATA
  71. LM 11.2.7 USE OF ATS SURVEILLANCE DATA IN THE PROVISION OF NON-SURVEILLANCE SERVICES
  72. LM 11.3.1 LEGAL ASSISTANCE FROM IFATCA
  73. LM 11.3.2 EQUAL OPPORTUNITY LEGISLATION
  74. LM 11.3.3 CENTRAL DATABANK OF JURISPRUDENCE
  75. LM 11.3.3.1 ATTACHMENT: DATABANK OF JURISPRUDENCE REPORTING FORM
  76. LM 11.4 UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION FACILITIES
  77. LM 11.5 UNSAFE AIRSPACE/AERODROME
  78. Monitoring Institutional Framework in ATM
  79. Monitoring Privatisation/commercialisation in ATC
  80. Monitoring the Use of TCAS
  81. Operating in Unsafe Airspace
  82. Performance Indicators in Context
  83. Performance Measurement in ATC
  84. Performance Targets in Air Traffic Management
  85. Phraseology on Ground Based Safety Nets
  86. Policy on the Use of Recorded Data
  87. Practical Legal Aid Programme
  88. Practical Legal Aid Programme
  89. Privatisation / Commercialisation
  90. Protection of Safety Information
  91. Protection of Safety Information Sources
  92. Protection of the Identity of ATM Staff Involved in Serious Incidents / Accidents
  93. Provision of ATS over Foreign Territories
  94. Provision of Services by Third Party Service Providers
  95. Quality Management Systems in ANSPs and the Relation with the SMS
  96. Radar Recording in ATC Systems – Technical and Professional
  97. Regulatory Framework in ATM
  98. Remote Control Towers
  99. Report of the Ad Hoc Committee on the ILO
  100. Report Writing and ANSP Procedures for Serious Incidents or Accidents
  101. Responsibilities and Functions of Aerodrome Control with Regard to Surface Movements (Legal Aspects)
  102. Responsibilities and Functions of Aerodrome Controller with regard to Surface Movements – Legal Aspects
  103. Responsibility and Liability of Operating in Delegated Airspace
  104. Responsibility For Terrain And Obstacle Clearance During Weather Avoidance
  105. Review of Existing IFATCA Policies (Legal)
  106. Review of Existing IFATCA Policies (Legal)
  107. Review of Existing IFATCA Policies (Legal)
  108. Review of Existing IFATCA Policies (Legal)
  109. Review of Existing IFATCA Policies (Legal)
  110. Review of IFATCA Policy on Legal Liability
  111. Review of IFATCA Policy Regarding ATCO Recruitment & Selection
  112. Review of ILO Conclusions
  113. Review of LM (Legal Matters) – Professional Policy of the TPM
  114. Review of Part IV – Professional Policy of the TPM
  115. Review of Policy: Resumption of Separation Following a TCAS RA
  116. Review of Professional and Legal IFATCA Policy Relating to Unlawful Interference with Particular Regard to Controllers Training
  117. Review of Provisional Policy – ATM Safety Monitoring Tools (ASMT)
  118. Review of Single Person Operations Policy and Four Eyes Principle
  119. Review of the Legal Section Relating IFATCA’s Just Culture Policy
  120. Review of TRNG (ATC Training) – Professional Policy of the TPM
  121. Review of WC (Working Conditions) – Professional Policy of the TPM
  122. Review Policy on Interception of Civil Aircraft
  123. Review Policy on Privatization
  124. Review Policy on Use of Unqualified Personnel
  125. Roles and Responsibilities of the Controller-In-Charge (CIC) in Regard to Liability and Operational Responsibility
  126. SC7 Central Data Bank of Jurisprudence
  127. SC7 Central Data Bank of Jurisprudence – a Progress Report
  128. Separation Between Units Without Procedural Agreement
  129. Separation in Class E Airspace
  130. State Aircraft and ‘Due Regard’ Operations
  131. Study on Legal Liability when Airborne Collision Avoidance Systems (ACAS) are Implemented
  132. Study on the Correlation Between Compensation for Loss of Licence, Early Retirement Programme, Medical Checks, Proficiency Checks and Conditions of Employment
  133. Study the Legal Aspects of the use of GNSS for Air Navigation
  134. Supranational Legislation
  135. SWIM Technical and Legal Issues
  136. Terrain and Obstacle Clearance Responsibilities
  137. The 2004 Cagliari Accident and the European Court of Human Rights Decision
  138. The ILO Meeting of Experts on Problems Concerning Air Traffic Controllers
  139. The Legal Implications of ICAO Contingency Measures
  140. The Use of ATS Surveillance Data in the Provision of Non-Surveillance Services
  141. Third Party Risk
  142. Third Party Risk – Legal Aspects
  143. Transfer of Control Functions to Pilots (Legal Aspects)
  144. Transfer of Separation Functions to Pilots – Human Factors Aspects
  145. Transgression in Service Providers
  146. TRNG 10.4.2 USE OF UNQUALIFIED PERSONNEL
  147. TRNG 10.4.3 AIR TRAFFIC FLOW MANAGEMENT (ATFM)
  148. Unlawful Seizure of Aircraft and Unlawful Interference with Civil Aviation and its Facilities
  149. Update of Accident and Incident Investigation Policy
  150. Update of Policy on Legal Liability of the Controller
  151. Update on Commercialisation of Air Traffic Services
  152. Use of Area Recordings
  153. Use of Unqualified Personnel
  154. Use of Unqualified Personnel – Legal Aspects
  155. Virtual Centres – Review ATS 3.15 Functional Blocks of Airspace
  156. WC 8.1.1 IFATCA’s ROLE IN THE AREA OF PROFESSIONAL AND INDUSTRIAL ISSUES
  157. WC 8.1.2 ORGANISATIONS
  158. WC 8.1.3 DISPUTES
  159. WC 8.1.4 CIVIL MOBILISATION OR REQUISITION MEASURES
  160. WC 8.1.5 MINIMUM SERVICE
  161. WC 8.1.6 SINGLE / LONE PERSON OPERATIONS (SPO)
  162. WC 8.1.7 FOUR EYES PRINCIPLE (4EP)
  163. WC 8.1.8 PERFORMANCE INDICATORS
  164. WC 8.2.1 METHODS OF DETERMINING CONDITIONS OF OPERATION AND SERVICE
  165. WC 8.2.10 SHORT TERM CONFLICT ALERT (STCA): HUMAN FACTORS / LEGAL ASPECTS
  166. WC 8.2.12 ATM SAFETY MONITORING TOOL
  167. WC 8.2.2.1 MONITORING PRIVATISATION / COMMERCIALISATION IN ATC
  168. WC 8.2.5 AUTOMATION / HUMAN FACTORS
  169. WC 8.2.6 AIR TRAFFIC CONTROL AND PUBLIC RELATIONS
  170. WC 8.2.7 WORKING WITH UNSERVICEABLE OR INADEQUATE EQUIPMENT
  171. WC 8.2.8 REGULATORY APPROVAL OF ATM SYSTEMS EQUIPMENT
  172. WC 8.3.5 EXTRA DUTY
  173. WC 8.7.1 REGULATORY FRAMEWORK IN ATM
  174. WC 8.7.7 SEPARATION BETWEEN UNITS WITHOUT PROCEDURAL AGREEMENT
  175. Working with Unserviceable or Inadequate Equipment

 

Last Update: September 30, 2020  

October 27, 2019   330   superman    WIKI  

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