37TH ANNUAL CONFERENCE, Toulouse, France, 30 March – 3 April 1998WP No. 155-4Review 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 the actual Policy described here is shown.
Introduction
The review of Existing IFATCA Policies (Legal) continues on the work Programme of SC7. Presently, IFATCA Policies relating to Legal Matters can be found in the IFATCA Manual pages 4401-4441 and IFATCA Policy Documents are on pages 44-A1 and 44-B1.
IFATCA’s Legal Policy comprises of the following sections:
1.3.1. Legal liability of the Controller
1.3.2. Accident and Incident Investigation
1.3.3. Legal Assistance
1.3.4. Unlawful Interference with Civil Aviation and its Facilities
Additionally there are attachments to sections 1.3.2. and 1.3.4.:
1.3.2. IFATCA Policy Document on Accident and Incident Investigation
1.3.4. IFATCA Policy Document on Unlawful Interference with Civil Aviation and its Facilities
Discussion
Last year this Committee came to the following conclusions:
There was room for more work to be done especially in the areas of the Legal Liability of the Controller and Legal Assistance.
WPs which were adopted as Guidance Material at past Conferences should be included in the IFATCA Manual since they hold a status similar to IFATCA Policy.
That more background information with regards to certain Professional Policies needed to be gathered and placed in a Professional Manual so as to ensure its ease of accessibility.
Legal Assistance:
The following addition is suggested for section 3.1 of the IFATCA manual:
“3.1.2. A list of Companies which provide legal assistance insurance should be available to all MAs. This list should be kept current by SC7.”
This list of Companies should not be viewed as IFATCA’s intention to advertise certain organisations, but rather as a means of making such pertinent information easily accessible to its MAs.
The first paragraph of subsection 3.1. should therefore be numbered as 3.1.1.
Conclusions
It is believed that the suggested amendments mentioned above will assist in clarifying issues related to the legal liability of the Controller and legal assistance for IFATCA’s MAs. Some of these amendments will also ensure that the acquiring of relevant information will be better facilitated.
Last Update: September 28, 2020