Legal Matters |

LM 7.1.1 FOUNDATIONAL AND GENERAL POLICY ON THE LEGAL LIABILITY OF THE CONTROLLER

IFATCA is of the opinion that the criminal and civil prosecution of controllers following aviation accidents and incidents is not in the public interest. This is a matter of how and where laws are applied in a very technical area … Continued

WC 10.1.8 PERFORMANCE INDICATORS

IFATCA Policy is: Performance Indicators as published and used by Air Navigation Service Providers shall not be linked in any way to the pay and/or working conditions of individual ATCOs. Global metrics for the performance of the Air Traffic … Continued

LM 7.1.2 THIRD PARTY RISK

IFATCA Policy is: Procedures to reduce third party risk should clearly describe the responsibility of the ATCO providing ATS to the emergency aircraft. ATCO’s providing ATS to aircraft in an emergency situation should not be held liable for … Continued

Intimidation of the Controller

18TH ANNUAL CONFERENCE, Brussels, Belgium, 23-27 April 1979 WP No. 63 Intimidation of the Controller Discussion Although cases contrary to Res. A. 5. of Reykjavik have been recorded notably in Mexico where the Federation, IFALPA and PATCO assisted and in … Continued

Unlawful Seizure of Aircraft and Unlawful Interference with Civil Aviation and its Facilities

32ND ANNUAL CONFERENCE, Christchurch, NZ, 19-23 April 1993 WP No. 125 Unlawful Seizure of Aircraft and Unlawful Interference with Civil Aviation and its Facilities Introduction The existing IFATCA Policy on hijacking (Manual, pages 4.4-b 1 to 4.4-b 4) was adopted … Continued

State Aircraft and ‘Due Regard’ Operations

57TH ANNUAL CONFERENCE, Accra, Ghana, 19-23 March 2018 WP No. 92 State Aircraft and ‘Due Regard’ Operations Presented by PLC/TOC Summary ICAO rules are applicable only for civil aircraft. State aircraft – identified by ICAO as military, customs and police … Continued

Supranational Legislation

34TH ANNUAL CONFERENCE, Jerusalem, Israel, 27-31 March 1995 WP No. 139 Supranational Legislation Introduction Until now, in very broad terms, ATCOs felt bound by two different levels of rules: the technical ones, as issued by ICAO (and adapted by the … Continued

Review of Existing IFATCA Policies (Legal)

37TH ANNUAL CONFERENCE, Toulouse, France, 30 March – 3 April 1998 WP No. 155-3 Review of Existing IFATCA Policies (Legal) Editor’s Note: As this particular WP reviewed several areas of IFATCA Legal Policy, only that part which refers to … Continued

Legal Liability Aspects of Inadequate Staffing

40TH ANNUAL CONFERENCE, Geneva, Switzerland, 19-23 March 2001 WP No. 169 Legal Liability Aspects of Inadequate Staffing Introduction Legal liability of the Controller can be found in the IFATCA Manual pages 4411 to 4414. At the 39th Annual Conference held … Continued

Review of Professional and Legal IFATCA Policy Relating to Unlawful Interference with Particular Regard to Controllers Training

47TH ANNUAL CONFERENCE, Arusha, Tanzania, 10-14 March 2008 WP No. 161 Review of Professional and Legal IFATCA Policy Relating to Unlawful Interference with Particular Regard to Controllers Training Presented by PLC Summary This paper reflects ICAO and IFATCA policies and … Continued