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 176

  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. ARIWS – Autonomous Runway Incursion Warning Systems
  8. ATC and Public Relations
  9. ATC and Public Relations
  10. ATCO Duty of Care
  11. ATCO Performance
  12. ATS 3.13 VIRTUAL CENTERS AND FUNCTIONAL AIRSPACE BLOCKS
  13. ATS 3.17 CONFLICT DETECTION TOOLS
  14. ATS 3.3 HARMONISATION OF THE AIRSPACE CLASSIFICATION
  15. ATS 3.32 RECATEGORIZATION OF AIRCRAFT FOR WAKE TURBULENCE
  16. ATS 3.34 TERRAIN AND OBSTACLE CLEARANCE RESPONSIBILITIES
  17. ATS 3.7 ATC WITHIN ICAO ASSIGNED INTERNATIONAL AIRSPACE- THE IMPACT OF TECHNOLOGY
  18. Availability of Databank
  19. Central European Air Traffic Services (CEATS) and the use of Functional Blocks of Airspace (FBA)
  20. Changed Working Conditions Under Privatisation
  21. Clarification of Sector Manning Principles
  22. Co-operative Separation
  23. Cybersecurity
  24. Data Bank of Jurisprudence Update and Figures
  25. Definition of Essential and Minimum ATC Service
  26. Draft Convention for the Profession of Air Traffic Controllers
  27. Duty of Care Principles and Over Servicing
  28. Equal Opportunities Legislation
  29. Examine the Interface Between AFIS and ATC
  30. Extra Duty
  31. Flight Information Service
  32. Forcing Controllers to Work at a Specific Foreign Location
  33. Future ATM Systems of the Next Century
  34. Guidelines on Minimum ATC Service During Industrial Disputes
  35. HF Considerations when Operating Multiple Operational Positions/Sectors
  36. Human Factors in Accident and Incident Investigation
  37. IFATCA Policy on Legal Matters
  38. IFATCA’s Role in the Area of Professional and Industrial Issues
  39. IFATCA/ Eurocontrol Prosecutor Expert Course
  40. Incorporating Cybersecurity into Unlawful Interference Policy
  41. Industrial Action in ATC
  42. Interference with Air Traffic Control Radiotelephony (RT)
  43. Intimidation of the Air Traffic Controller
  44. Intimidation of the Controller
  45. Intimidation of the Controller
  46. Intimidation of the Controller
  47. Investigate the Mechanisms for Dealing with a Critical Incident/Accident
  48. Just Culture Revisited – Guidance Material for Member Association
  49. Legal Aspects in Air Traffic Control
  50. Legal Aspects of the Introduction of GNSS
  51. Legal Consequences of Privatisation
  52. Legal Consequences of Privatisation
  53. Legal Issues in Paperless or Strip-less Environments
  54. Legal Liability Aspects of Inadequate Staffing
  55. Legal Liability of the Air Traffic Controller
  56. Legal Liability of Working with Unserviceable Or Inadequate Equipment
  57. Legal Rights of Pregnant ATCOs
  58. Liability in Automated Systems
  59. Liability in Automated Systems
  60. LM 7.1.1 FOUNDATIONAL AND GENERAL POLICY ON THE LEGAL LIABILITY OF THE CONTROLLER
  61. LM 7.1.2 THIRD PARTY RISK
  62. LM 7.1.3 TRANSFER OF CONTROL FUNCTIONS – LEGAL ASPECTS
  63. LM 7.1.4 ROLES AND RESPONSIBILITIES OF THE CONTROLLER-IN-CHARGE (CIC) IN REGARD TO LIABILITY AND OPERATIONAL RESPONSIBILITY
  64. LM 7.1.5 PROVISION OF ATS OVER FOREIGN TERRITORY
  65. LM 7.2.1 JUST CULTURE, TRUST AND MUTUAL RESPECT
  66. LM 7.2.2 EXEMPTION FROM DUTY
  67. LM 7.2.3 RIGHT OF REPRESENTATION
  68. LM 7.2.4 PROTECTION OF IDENTITY
  69. LM 7.2.5 REFERENCE CARD
  70. LM 7.2.6 USE OF RECORDED DATA
  71. LM 7.2.7 USE OF ATS SURVEILLANCE DATA IN THE PROVISION OF NON-SURVEILLANCE SERVICES
  72. LM 7.3.1 LEGAL ASSISTANCE FROM IFATCA
  73. LM 7.3.2 EQUAL OPPORTUNITY LEGISLATION
  74. LM 7.4 UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION FACILITIES
  75. LM 7.5 UNSAFE AIRSPACE/AERODROME
  76. Monitoring Institutional Framework in ATM
  77. Monitoring Privatisation/commercialisation in ATC
  78. Monitoring the Use of TCAS
  79. Operating in Unsafe Airspace
  80. Performance Indicators in Context
  81. Performance Measurement in ATC
  82. Performance Targets in Air Traffic Management
  83. Phraseology on Ground Based Safety Nets
  84. Policy on the Use of Recorded Data
  85. Practical Legal Aid Programme
  86. Practical Legal Aid Programme
  87. Privatisation / Commercialisation
  88. Protection of Safety Information
  89. Protection of Safety Information Sources
  90. Protection of the Identity of ATM Staff Involved in Serious Incidents / Accidents
  91. Provision of ATS over Foreign Territories
  92. Provision of Services by Third Party Service Providers
  93. Quality Management Systems in ANSPs and the Relation with the SMS
  94. Radar Recording in ATC Systems – Technical and Professional
  95. Regulatory Framework in ATM
  96. Relief from Operational Position after an Occurrence
  97. Remote Control Towers
  98. Report of the Ad Hoc Committee on the ILO
  99. Report of the ILO Meeting of Experts on Problems Concerning Air Traffic Controllers
  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 Aerodrome Control Frequency for Communications of Vehicle Drivers
  141. The Use of ATS Surveillance Data in the Provision of Non-Surveillance Services
  142. Third Party Risk
  143. Third Party Risk – Legal Aspects
  144. Transfer of Control Functions to Pilots (Legal Aspects)
  145. Transfer of Separation Functions to Pilots – Human Factors Aspects
  146. Transgression in Service Providers
  147. TRNG 9.4.2 USE OF UNQUALIFIED PERSONNEL
  148. TRNG 9.4.3 AIR TRAFFIC FLOW MANAGEMENT (ATFM)
  149. Unlawful Seizure of Aircraft and Unlawful Interference with Civil Aviation and its Facilities
  150. Update of Accident and Incident Investigation Policy
  151. Update of Policy on Legal Liability of the Controller
  152. Update on Commercialisation of Air Traffic Services
  153. Use of Area Recordings
  154. Use of Unqualified Personnel
  155. Use of Unqualified Personnel – Legal Aspects
  156. Virtual Centres – Review ATS 3.15 Functional Blocks of Airspace
  157. WC 10.1.1 IFATCA’s ROLE IN THE AREA OF PROFESSIONAL AND INDUSTRIAL ISSUES
  158. WC 10.1.2 ORGANISATIONS
  159. WC 10.1.3 DISPUTES
  160. WC 10.1.4 CIVIL MOBILISATION OR REQUISITION MEASURES
  161. WC 10.1.5 MINIMUM SERVICE
  162. WC 10.1.6 SINGLE / LONE PERSON OPERATIONS (SPO)
  163. WC 10.1.7 FOUR EYES PRINCIPLE (4EP)
  164. WC 10.1.8 PERFORMANCE INDICATORS
  165. WC 10.2.1 METHODS OF DETERMINING CONDITIONS OF OPERATION AND SERVICE
  166. WC 10.2.10 SHORT TERM CONFLICT ALERT (STCA): HUMAN FACTORS / LEGAL ASPECTS
  167. WC 10.2.12 ATM SAFETY MONITORING TOOL
  168. WC 10.2.2.1 MONITORING PRIVATISATION / COMMERCIALISATION IN ATC
  169. WC 10.2.5 AUTOMATION / HUMAN FACTORS
  170. WC 10.2.6 AIR TRAFFIC CONTROL AND PUBLIC RELATIONS
  171. WC 10.2.7 WORKING WITH UNSERVICEABLE OR INADEQUATE EQUIPMENT
  172. WC 10.2.8 REGULATORY APPROVAL OF ATM SYSTEMS EQUIPMENT
  173. WC 10.3.5 EXTRA DUTY
  174. WC 10.7.1 REGULATORY FRAMEWORK IN ATM
  175. WC 10.7.7 SEPARATION BETWEEN UNITS WITHOUT PROCEDURAL AGREEMENT
  176. Working with Unserviceable or Inadequate Equipment

 

Last Update: September 30, 2020  

October 27, 2019   1305   superman    WIKI  

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