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 182

  1. A Review of the Policy on the ATM Safety Monitoring Tool
  2. ADME 2.16 USE OF AERODROME CONTROL FREQUENCY FOR COMMUNICATIONS OF VEHICLE DRIVERS
  3. ADME 2.6 RESPONSIBILITY AND FUNCTIONS OF AERODROME CONTROLLERS WITH REGARD TO SURFACE MOVEMENT
  4. Air Traffic Control Separation Monitoring Tool (ASMT)
  5. Ambient Workplace Recording
  6. ANSP Key Performance Indicators (KPIs)
  7. ANSP Key Performance Indicators (KPIs)
  8. ARIWS – Autonomous Runway Incursion Warning Systems
  9. Artificial Intelligence Development in ATM and Legal Issues
  10. Artificial Intelligence Development in ATM and Legal Issues
  11. ATC and Public Relations
  12. ATC and Public Relations
  13. ATCO Duty of Care
  14. ATCO Performance
  15. ATS 3.13 VIRTUAL CENTERS AND FUNCTIONAL AIRSPACE BLOCKS
  16. ATS 3.17 CONFLICT DETECTION TOOLS
  17. ATS 3.3 HARMONISATION OF THE AIRSPACE CLASSIFICATION
  18. ATS 3.32 RECATEGORIZATION OF AIRCRAFT FOR WAKE TURBULENCE
  19. ATS 3.34 TERRAIN AND OBSTACLE CLEARANCE RESPONSIBILITIES
  20. ATS 3.7 ATC WITHIN ICAO ASSIGNED INTERNATIONAL AIRSPACE- THE IMPACT OF TECHNOLOGY
  21. Availability of Databank
  22. Central European Air Traffic Services (CEATS) and the use of Functional Blocks of Airspace (FBA)
  23. Changed Working Conditions Under Privatisation
  24. Clarification of Sector Manning Principles
  25. Co-operative Separation
  26. Cybersecurity
  27. Data Bank of Jurisprudence Update and Figures
  28. Definition of Essential and Minimum ATC Service
  29. Draft Convention for the Profession of Air Traffic Controllers
  30. Duty of Care Principles and Over Servicing
  31. Equal Opportunities Legislation
  32. Examine the Interface Between AFIS and ATC
  33. Extra Duty
  34. Flight Information Service
  35. Forcing Controllers to Work at a Specific Foreign Location
  36. Future ATM Systems of the Next Century
  37. Guidelines on Minimum ATC Service During Industrial Disputes
  38. HF Considerations when Operating Multiple Operational Positions/Sectors
  39. High Altitude Operations (HAO)
  40. Human Factors in Accident and Incident Investigation
  41. IFATCA Policy on Legal Matters
  42. IFATCA’s Role in the Area of Professional and Industrial Issues
  43. IFATCA/ Eurocontrol Prosecutor Expert Course
  44. Incorporating Cybersecurity into Unlawful Interference Policy
  45. Industrial Action in ATC
  46. Interference with Air Traffic Control Radiotelephony (RT)
  47. Intimidation of the Air Traffic Controller
  48. Intimidation of the Controller
  49. Intimidation of the Controller
  50. Intimidation of the Controller
  51. Investigate the Mechanisms for Dealing with a Critical Incident/Accident
  52. Just Culture Revisited – Guidance Material for Member Association
  53. Legal Aspects in Air Traffic Control
  54. Legal Aspects of the Introduction of GNSS
  55. Legal Consequences of Privatisation
  56. Legal Consequences of Privatisation
  57. Legal Issues in Paperless or Strip-less Environments
  58. Legal Liability Aspects of Inadequate Staffing
  59. Legal Liability of the Air Traffic Controller
  60. Legal Liability of Working with Unserviceable Or Inadequate Equipment
  61. Legal Rights of Pregnant ATCOs
  62. Liability in Automated Systems
  63. Liability in Automated Systems
  64. LM 7.1.1 FOUNDATIONAL AND GENERAL POLICY ON THE LEGAL LIABILITY OF THE CONTROLLER
  65. LM 7.1.2 THIRD PARTY RISK
  66. LM 7.1.3 TRANSFER OF CONTROL FUNCTIONS – LEGAL ASPECTS
  67. LM 7.1.4 ROLES AND RESPONSIBILITIES OF THE CONTROLLER-IN-CHARGE (CIC) IN REGARD TO LIABILITY AND OPERATIONAL RESPONSIBILITY
  68. LM 7.1.5 PROVISION OF ATS OVER FOREIGN TERRITORY
  69. LM 7.2.1 JUST CULTURE, TRUST AND MUTUAL RESPECT
  70. LM 7.2.2 EXEMPTION FROM DUTY
  71. LM 7.2.3 RIGHT OF REPRESENTATION
  72. LM 7.2.4 PROTECTION OF IDENTITY
  73. LM 7.2.5 REFERENCE CARD
  74. LM 7.2.6 USE OF RECORDED DATA
  75. LM 7.2.7 USE OF ATS SURVEILLANCE DATA IN THE PROVISION OF NON-SURVEILLANCE SERVICES
  76. LM 7.3.1 LEGAL ASSISTANCE FROM IFATCA
  77. LM 7.3.2 EQUAL OPPORTUNITY LEGISLATION
  78. LM 7.4 UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION FACILITIES
  79. LM 7.5 UNSAFE AIRSPACE/AERODROME
  80. Monitoring Institutional Framework in ATM
  81. Monitoring Privatisation/commercialisation in ATC
  82. Monitoring the Use of TCAS
  83. Operating in Unsafe Airspace
  84. Performance Indicators in Context
  85. Performance Measurement in ATC
  86. Performance Targets in Air Traffic Management
  87. Phraseology on Ground Based Safety Nets
  88. Policy on the Use of Recorded Data
  89. Practical Legal Aid Programme
  90. Practical Legal Aid Programme
  91. Privatisation / Commercialisation
  92. Protection of Safety Information
  93. Protection of Safety Information Sources
  94. Protection of the Identity of ATM Staff Involved in Serious Incidents / Accidents
  95. Provision of ATS over Foreign Territories
  96. Provision of Services by Third Party Service Providers
  97. Quality Management Systems in ANSPs and the Relation with the SMS
  98. Radar Recording in ATC Systems – Technical and Professional
  99. Regulatory Framework in ATM
  100. Relief from Operational Position after an Occurrence
  101. Remote Control Towers
  102. Report of the Ad Hoc Committee on the ILO
  103. Report of the ILO Meeting of Experts on Problems Concerning Air Traffic Controllers
  104. Report of the Remote Tower Standing Committee (ROSC)
  105. Report Writing and ANSP Procedures for Serious Incidents or Accidents
  106. Rescinding Resolution C14 From Costa Rica Conference
  107. Responsibilities and Functions of Aerodrome Control with Regard to Surface Movements (Legal Aspects)
  108. Responsibilities and Functions of Aerodrome Controller with regard to Surface Movements – Legal Aspects
  109. Responsibility and Liability of Operating in Delegated Airspace
  110. Responsibility For Terrain And Obstacle Clearance During Weather Avoidance
  111. Review of Existing IFATCA Policies (Legal)
  112. Review of Existing IFATCA Policies (Legal)
  113. Review of Existing IFATCA Policies (Legal)
  114. Review of Existing IFATCA Policies (Legal)
  115. Review of Existing IFATCA Policies (Legal)
  116. Review of IFATCA Policy on Legal Liability
  117. Review of IFATCA Policy Regarding ATCO Recruitment & Selection
  118. Review of ILO Conclusions
  119. Review of LM (Legal Matters) – Professional Policy of the TPM
  120. Review of Part IV – Professional Policy of the TPM
  121. Review of Policy: Resumption of Separation Following a TCAS RA
  122. Review of Professional and Legal IFATCA Policy Relating to Unlawful Interference with Particular Regard to Controllers Training
  123. Review of Provisional Policy – ATM Safety Monitoring Tools (ASMT)
  124. Review of Single Person Operations Policy and Four Eyes Principle
  125. Review of the Legal Section Relating IFATCA’s Just Culture Policy
  126. Review of TRNG (ATC Training) – Professional Policy of the TPM
  127. Review of WC (Working Conditions) – Professional Policy of the TPM
  128. Review Policy on Interception of Civil Aircraft
  129. Review Policy on Privatization
  130. Review Policy on Use of Unqualified Personnel
  131. Roles and Responsibilities of the Controller-In-Charge (CIC) in Regard to Liability and Operational Responsibility
  132. SC7 Central Data Bank of Jurisprudence
  133. SC7 Central Data Bank of Jurisprudence – a Progress Report
  134. Separation Between Units Without Procedural Agreement
  135. Separation in Class E Airspace
  136. State Aircraft and ‘Due Regard’ Operations
  137. Study on Legal Liability when Airborne Collision Avoidance Systems (ACAS) are Implemented
  138. Study on the Correlation Between Compensation for Loss of Licence, Early Retirement Programme, Medical Checks, Proficiency Checks and Conditions of Employment
  139. Study the Legal Aspects of the use of GNSS for Air Navigation
  140. Supranational Legislation
  141. SWIM Technical and Legal Issues
  142. Terrain and Obstacle Clearance Responsibilities
  143. The 2004 Cagliari Accident and the European Court of Human Rights Decision
  144. The ILO Meeting of Experts on Problems Concerning Air Traffic Controllers
  145. The Legal Implications of ICAO Contingency Measures
  146. The Use of Aerodrome Control Frequency for Communications of Vehicle Drivers
  147. The Use of ATS Surveillance Data in the Provision of Non-Surveillance Services
  148. Third Party Risk
  149. Third Party Risk – Legal Aspects
  150. Transfer of Control Functions to Pilots (Legal Aspects)
  151. Transfer of Separation Functions to Pilots – Human Factors Aspects
  152. Transgression in Service Providers
  153. TRNG 9.4.2 USE OF UNQUALIFIED PERSONNEL
  154. TRNG 9.4.3 AIR TRAFFIC FLOW MANAGEMENT (ATFM)
  155. Unlawful Seizure of Aircraft and Unlawful Interference with Civil Aviation and its Facilities
  156. Update of Accident and Incident Investigation Policy
  157. Update of Policy on Legal Liability of the Controller
  158. Update on Commercialisation of Air Traffic Services
  159. Use of Area Recordings
  160. Use of Unqualified Personnel
  161. Use of Unqualified Personnel – Legal Aspects
  162. Virtual Centres – Review ATS 3.15 Functional Blocks of Airspace
  163. WC 10.1.1 IFATCA’s ROLE IN THE AREA OF PROFESSIONAL AND INDUSTRIAL ISSUES
  164. WC 10.1.2 ORGANISATIONS
  165. WC 10.1.3 DISPUTES
  166. WC 10.1.4 CIVIL MOBILISATION OR REQUISITION MEASURES
  167. WC 10.1.5 MINIMUM SERVICE
  168. WC 10.1.6 SINGLE / LONE PERSON OPERATIONS (SPO)
  169. WC 10.1.7 FOUR EYES PRINCIPLE (4EP)
  170. WC 10.1.8 PERFORMANCE INDICATORS
  171. WC 10.2.1 METHODS OF DETERMINING CONDITIONS OF OPERATION AND SERVICE
  172. WC 10.2.10 SHORT TERM CONFLICT ALERT (STCA): HUMAN FACTORS / LEGAL ASPECTS
  173. WC 10.2.11 ATM SAFETY MONITORING TOOL
  174. WC 10.2.2.1 MONITORING PRIVATISATION / COMMERCIALISATION IN ATC
  175. WC 10.2.5 AUTOMATION / HUMAN FACTORS
  176. WC 10.2.6 AIR TRAFFIC CONTROL AND PUBLIC RELATIONS
  177. WC 10.2.7 WORKING WITH UNSERVICEABLE OR INADEQUATE EQUIPMENT
  178. WC 10.2.8 REGULATORY APPROVAL OF ATM SYSTEMS EQUIPMENT
  179. WC 10.3.5 EXTRA DUTY
  180. WC 10.7.1 REGULATORY FRAMEWORK IN ATM
  181. WC 10.7.7 SEPARATION BETWEEN UNITS WITHOUT PROCEDURAL AGREEMENT
  182. Working with Unserviceable or Inadequate Equipment

 

Last Update: September 30, 2020  

October 27, 2019   1680   superman    WIKI  

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