The Aircraft Commander in Commercial Air Transportation: Proefschrift

ISBN-13: 9789401186711 / Angielski / Miękka / 1953 / 184 str.

Menno Sjoerd Kamminga

Opis

Less than fifty years have elapsed since the first flight of a power-driven aircraft. On December 17, 1903, the Wright brothers made their now historic flights in an aircraft which they had designed and built themselves; at the fourth attempt on that day a distance of 852 feet was covered during a flight which lasted 59 seconds 1. Unparalleled technical advances followed those first hesitant steps, with the result that aviation has developed into a factor influencing practically every field of society I. The complex mechanism of modem commercial aviation can only function through the combined efforts of countless people. The inspiration of aircraft constructors, the insight and perse verance of air pioneers and the conscientious work of the ground personnel all play their part. Among those who share in this joint task, however, the aircraft commander occupies a special place. He finds himself at the head of a small but comparatively isolated community, which may come under different jurisdictions within a short space of time. From a purely academic aspect he is therefore an interesting figure. Moreover, it may also be useful to examine his legal status for more practical reasons. After all, the aircraft commander holds a key position in aviation, as the safety, economy and regularity of the flight often depend on his skill and judgment."

Spis treści

The aircraft commander in positive law.- The plan.- Sources.- I. The Aircraft Commander in Dutch Law.- I. The Authorities and the Aircraft Commander.- The Chicago Convention.- The Annexes to the.- Chicago Convention.- The Netherlands Aviation Act and the orders issued under this act.- The aircraft commander as an agent of the authorities.- II. Transport Aircraft.- Aircraft in general.- Civil and military aircraft.- The aeroplane from a technical aspect.- Use for transport purposes.- Nationality and registration.- Jurisdiction on board.- III. The Crew.- The aircraft commander as a member of the crew.- Certificates of competency.- Authority over the persons on board.- IV. Flight Operations.- Preparation for a flight.- Execution of a flight.- V. Instructions from the Ground.- Air traffic control.- Operational control.- Landings under unfavourable weather conditions.- Weather minima.- Instructions from the airport manager.- VI. Search and Rescue.- The Brussels convention.- Annex 12 to the Chicago convention.- Drawbacks and advantages.- VII. Sanctions.- The Dutch criminal court.- The foreign criminal court.- The air accident board.- Declaration ofncompetency.- Disciplinary measures.- Safeguards for the persons concerned.- VIII. Liability.- A. The Warsaw convention.- Applicability to the aircraft commander.- Liability in the event of delay.- B. The Rome convention.- Applicability to the aircraft commander.- Damage by persons on board.- C. Pilot error.- Criticism of frequent use of term.- Connection with liability.- IX. The Aircraft Commander as Employee.- Legal status of flying personnel.- Special circumstances of employment in aviation.- The aircraft commander as a representative of the operator.- II. The Draft Convention on the Legal Status of the Aircraft Commander.- I. History Of The Draft.- The initial phase.- The studies of CITEJA.- ICAO and the draft convention.- The desirability of a convention.- Evolution of the ICAO draft.- II. Commentary on the Articles of the Draft Convention.- Article 1.- Article 2.- Article 3.- Article 4.- Article 5.- Article 6.- Article 7.- Article 8.- Articles 9 and 10.- Articles 11–19.- III. Additions to the Draft.- Liability of the aircraft commander.- Duties of the aircraft commander.- Police powers.- Summary.- Draft convention on the legal status of the aircraft commander.- Abbreviations.