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ICAO Air Law

The ICAO 051 ATS Licensing Course covers essential topics related to Air Law, including the structure and functions of the International Civil Aviation Organization (ICAO), its aims, and the significance of international standards and practices. Key components include the introduction to ICAO, documentation, air navigation services, airspace, and personnel licensing. The course aims to equip learners with knowledge about ICAO's role in ensuring safe and efficient international air transport.

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0% found this document useful (0 votes)
7 views186 pages

ICAO Air Law

The ICAO 051 ATS Licensing Course covers essential topics related to Air Law, including the structure and functions of the International Civil Aviation Organization (ICAO), its aims, and the significance of international standards and practices. Key components include the introduction to ICAO, documentation, air navigation services, airspace, and personnel licensing. The course aims to equip learners with knowledge about ICAO's role in ensuring safe and efficient international air transport.

Uploaded by

pgkz1128
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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ICAO 051 ATS Licensing Course

Air Law
Contents

 AL 01 – Introduction to ICAO

 AL 02 – Documentation

 AL 03 – Air Navigation Services

 AL 04 – Airspace

 AL 05 – Personnel Licensing

 AL 06 - Revision
AL01 – Introduction to ICAO
-2- ICAO AL 01 Contents

1 Contents

Table of Contents
1 Contents............................................................................................................................... 2
2 Learning Outcome ............................................................................................................... 3
Performance Criteria ................................................................................................. 3
3 The International Commission for Air Navigation (ICAN) .................................................... 4
4 The Chicago Conference ...................................................................................................... 5
5 The International Civil Aviation Organization (ICAO) .......................................................... 6
6 Aims and Objectives ............................................................................................................ 7
7 Freedoms of the Air (Cabotage) .......................................................................................... 8
8 Structure of ICAO ................................................................................................................. 9
Assembly.................................................................................................................... 9
Council ....................................................................................................................... 9
Secretary General and Secretariat .......................................................................... 10
Air Navigation Bureau ............................................................................................. 10
9 International Standards and Practices............................................................................... 11
Annexes ................................................................................................................... 12
10 Procedures for Air Navigation Services (PANS) ................................................................. 14
11 Relationship between SARPS and PANS ............................................................................ 15
12 SARPS – an example .......................................................................................................... 16
Objectives of ATS ..................................................................................................... 16
Filed Difference – an example ................................................................................. 16
13 Determination of the need for air traffic services ............................................................. 17
14 Revision.............................................................................................................................. 19

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Learning Outcome ICAO AL 01 -3-

2 Learning Outcome
Explain the organization of ICAO, its functions, structure and relevance to Air Traffic Services.

Performance Criteria
1 Describe Air Law acronyms, namely ICAO, SARPS,
and PANS

2 Describe ICAO’s status as a UN agency.

3 Identify the aims and the three main bodies of ICAO.

4 Describe the main principle established by the Five


Freedoms of the Air.

5 Describe the difference between a ‘Standard’ and a


‘Recommended Practice’.

6 Describe what Annexes are, and list three examples of


them.

7 Describe PANS, including their relationship to SARPS


and the Annexes.

8 Identify the need to file a ‘Difference’ for non-


compliance with SARPs and PANS.

9 Identify the origin of the objectives of ATS (i.e. from the


Annexes).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-4- ICAO AL 01 The International Commission for Air Navigation (ICAN)

3 The International Commission for Air Navigation (ICAN)

To study the development User Notes:


of aviation law it is
necessary to go back to
the period following the
First World War when the
first successes of regular,
long-range international
flying in 1919 made it clear
that there was a growing need for global standardization of
procedures and regulations.

To meet this need the Aeronautical Commission of the 1919


Peace Conference drew up the Paris Air Convention which
established the International Commission for Air
Navigation (ICAN); and provided for the collection and
exchange of information between ICAN's member states. The
commission was to meet at least once a year and concern
itself with technical matters. An international committee of
jurists was also established, to concern itself with the intricate
legal questions created by cross-border aviation.

Whilst thirty-three nations adhered to the Paris Convention it


was noticeable that several particularly important countries
including the United States, Russia, Germany and China, did
not participate in ICAN's work. However, some gave way to
the need for cooperation on international air transport
matters, and in the western hemisphere it eventually led to
the Pan-American Convention on Air Navigation which was
drawn up in Havana in 1928. ICAN's guidance and authority
relating to aeronautical matters continued until the outbreak
of the Second World War when most civil flying operations
had to be suspended.

The enormous research and development effort during this


period ensured that civil aviation would, after hostilities
ended, take a much greater share of the world transportation
business than had been the case and would almost certainly
become a major player in the field of global commercial
transportation.

It was becoming obvious too that there should be an


international organization to cater for this aviation
development on the global level. So, by late 1942, the
Government of the United States was at work investigating all
aspects of post-war rehabilitation in preparation for the
aftermath. It was decided that the time had come to set about
forming an organization that would be independent of national
jealousies.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
The Chicago Conference ICAO AL 01 -5-

4 The Chicago Conference


As a result of all this forethought a conference was convened User Notes:
in Chicago in 1944. Fifty-five allied and neutral countries were
invited; fifty-two attended. The conference lasted five weeks
during which 'post-war' civil aviation was discussed with most
satisfactory results.

Agreement was reached on a large number of points and the


Convention of Civil Aviation comprising 96 articles was
developed. These articles outlined the general principles to
be followed in forming a permanent governing body and
formulated the rules and regulations it was to follow.

Thus the Provisional International Civil Aviation


Organization (PICAO) with advisory powers only, was
created in 1945. It functioned for 24 months during which time
individual nations enacted legislation as appropriate which
would permit ratification of an international agreement.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-6- ICAO AL 01 The International Civil Aviation Organization (ICAO)

5 The International Civil Aviation Organization (ICAO)


On 4 April 1947, ICAO came into existence. ICAO is a United User Notes:
Nations (UN) special agency: the UN is based in New York
and ICAO headquarters are in Montreal.

Figure 1 - UN Building, New York City

ICAO works in close co-operation with other members of the


United Nations family such as the World Meteorological
Organization, the World Health Organization and the
International Maritime Organization.

Figure 2 - ICAO Headquarters, Montreal

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Aims and Objectives ICAO AL 01 -7-

6 Aims and Objectives


Doc 7300 Part II Chapter VII Article 44
ICAOs aims and objects were clearly stated (and agreed User Notes:
upon) at its inception and these have not changed in the 50
years that the organization has been in existence. They cover
practically all matters concerning civil aviation. Summarized
they are:-

1 To foster the development of civil aviation.

2 To encourage desirable features in aircraft design.

3 To develop standards for airports, airways and


aeronautical facilities.

4 To ensure to the public safe, regular, efficient and


economic air transport.

5 To prevent waste by unreasonable competition.

6 To respect the rights of states and to prevent


discrimination.

7 To supervise the requirements of the convention, as


laid down in annexes.

8 To disseminate worthwhile knowledge and experience.

9 To facilitate international air travel by reducing irksome


formalities and red tape.

Additional to this, an important matter considered by the


Chicago conference was the question of the exchange of
commercial rights in international civil aviation. It was not
possible to reach an agreement satisfactory to all states
attending the conference. Hence the question was covered
not in the Convention on International Civil Aviation that
serves as ICAO’s constitution but in two supplementary
agreements adopted by the conference: the International Air
Services Transit Agreement and the International Air
Transport Agreement. These two treaties do not form part of
the ICAO constitution and are binding only on the ICAO
member states that have ratified them.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-8- ICAO AL 01 Freedoms of the Air (Cabotage)

7 Freedoms of the Air (Cabotage)


The International Air Transport Agreement, also known as the User Notes:
Five Freedoms Agreement, guarantees:

1. the freedom of civil aircraft to fly over foreign countries


as long as they do not land;

2. the freedom of civil aircraft to make non-traffic


landings, for refuelling or overhaul only, in foreign
territory;

3. freedom to transport passengers and cargo from an


aircraft’s homeland to other countries;

4. freedom to transport passengers and cargo from other


countries to an aircraft’s homeland;

5. freedom to carry air traffic between countries other


than the aircraft’s homeland.

The agreement thus established for the first time the principle
of automatic right of transit and of emergency landing.

A further four additional freedoms are exercised by


agreement between certain states but do not yet have
universal ratification. See supplementary reading for
information on these.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Structure of ICAO ICAO AL 01 -9-

8 Structure of ICAO
Doc 7300 Part II Chapter VII

The three main organs of ICAO are the assembly, the council User Notes:
with various subordinate bodies, and the secretariat headed
by the Secretary General.

Assembly
Doc 7300 Part II Chapter VIII
The Assembly, composed of representatives from all
Contracting States, is the sovereign body of ICAO.

The all-member assembly (2015 – 191 members)


meets every three years and is the main regulatory and
policy-forming body of ICAO.

Council
Doc 7300 Part II Chapter IX
The council is the permanent executive body of ICAO,
composed of 36 member states elected by the assembly for
three-year terms.

It adopts international standards and recommended practices


regarding civil air navigation and transport. It may act as
arbiter between member states on disputes relating to the
interpretation or application of the Chicago Convention and its
Annexes. It may investigate any situation that presents
avoidable obstacles to the development of international air
navigation. In general, it may take whatever steps are
necessary to maintain the safety and regularity of operation of
international air transport.

The Council is assisted by the Air Navigation Commission


(technical matters), the Air Transport Committee (economic
matters), the Committee on Joint Support of Air Navigation
Services and the Finance Committee.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 10 - ICAO AL 01 Structure of ICAO

Secretary General and Secretariat User Notes:


The ICAO secretariat is headed by a Secretary General, who
is appointed by the council. The Secretary General appoints
the staff of the ICAO secretariat and supervises and directs
its activities.

The Secretariat is divided into five main divisions:

1. Air Navigation Bureau,

2. Air Transport Bureau,

3. Technical Co-operation Bureau,

4. Legal Bureau, and

5. Bureau of Administration and Services.

Air Navigation Bureau


The ICAO Air Navigation Bureau develops technical studies
for the Air Navigation Commission as well as
recommendations for standards and recommended practices
(SARPs) relating to the safety, regularity and efficiency of
international air navigation for the ICAO Council.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
International Standards and Practices ICAO AL 01 - 11 -

9 International Standards and Practices


Annex 11 Foreword p. viii / Doc 7300 Chapter VI Article 38
One of the major duties of the Council is to adopt Standards User Notes:
and Recommended Practices (SARPS)

A STANDARD is any specification…the uniform application


of which is recognised as necessary for the safety or
regularity of international air navigation, and to which
Contracting States will conform in accordance with the
convention. In the event of impossibility of compliance,
notification to the Council is compulsory under article 38.

These differences are then published by ICAO and notified to


all member states.

Standards may thus include specifications for such matters


as the length of runways, the materials to be used in aircraft
construction, and the qualifications to be required of a pilot
flying an international route.

A RECOMMENDED PRACTICE is any specification… the


uniform application of which is recognized as desirable in the
interests of safety, regularity or efficiency of international air
navigation, and to which Contracting States will endeavour to
conform in accordance with the convention.

States are invited to inform the Council of non-compliance.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 12 - ICAO AL 01 International Standards and Practices

Annexes
The various standards and recommendations (SARPS) that User Notes:
have been adopted by ICAO are grouped into 19 Annexes to
the Chicago Convention. The aim of most of the Annexes is
to promote progress in flight safety, particularly by
guaranteeing satisfactory minimum standards of training and
safety procedures and by ensuring uniform international
practices.

The 19 annexes are as follows:

1. Personnel Licensing – licensing of flight crews, air


traffic controllers, and aircraft maintenance personnel.

2. Rules of the Air – rules relating to the conduct of


visual and instrument flights.

3. Meteorological Services – provision of


meteorological services for international air navigation and
reporting of meteorological observations from aircraft.

4. Aeronautical Charts – specifications for aeronautical


charts for use in international aviation.

5. Units of Measurement – dimensional systems to be


used in air-ground communications.

6. Operation of Aircraft.

Part I: International Commercial Air Transport;

Part II: International General Aviation;

Part III: International Operations–Helicopters.

7. Aircraft Nationality and Registration Marks –


requirements for registration and identification of aircraft.

8. Airworthiness of Aircraft – certification and


inspection of aircraft according to uniform procedures.

9. Facilitation – simplification of customs, immigration,


and health inspection regulations at international airports.

10. Aeronautical Telecommunications –


standardization of communications equipment and systems
and of communications procedures.

11. Air Traffic Services – establishment and operation of


air traffic control, flight information, and alerting services.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
International Standards and Practices ICAO AL 01 - 13 -

12. Search and Rescue – organization and operation of


facilities and services necessary for search and rescue.

13. Aircraft Accident Investigation – uniformity in the


notification, investigation, and reporting of aircraft accidents.

14. Aerodromes – specifications for the design and


equipment of aerodromes.

15. Aeronautical Information Services – methods for


the collection and dissemination of aeronautical information
required for flight operations.

16. Environmental Protection.

Vol. I: Aircraft Noise

Vol. II: Aircraft Engine Emissions

17. Security – specifications for safeguarding


international civil aviation against acts of unlawful
interference.

18. Safe Transport of Dangerous Goods by Air –


specifications for the labelling, packing, and shipping of
dangerous cargo.

19. Safety Management – specifications for managing


aviation safety risks and provision of a proactive strategy to
improve safety performance.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 14 - ICAO AL 01 Procedures for Air Navigation Services (PANS)

10 Procedures for Air Navigation Services (PANS)


The other main body of ICAO publications applicable to ATC User Notes:
is made up of the Procedures for Air Navigation Services,
which are identified by the word ‘Document’ followed by the
appropriate number.

The manual that forms the basis for ATC is Document (Doc.)
4444.

The PANS documents are:

6. 4444 Air Traffic Management (ATM)

7. 8168 Operations, Vol I and II (OPS)

8. 8400 Abbreviations and Codes (ABC).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Relationship between SARPS and PANS ICAO AL 01 - 15 -

11 Relationship between SARPS and PANS


The relationship between SARPS/Annexes and PANS can be User Notes:
complex and varied, and the related legislative issues are
beyond the introductory nature of this course. Consequently,
for ease of understanding PANS may be viewed as
supplementary to, and an expansion of, the Annexes.

The development of SARPS and PANS is a dynamic and on-


going process, as the needs and nature of aviation continue
to change, and contracting states file Differences on various
practices and procedures. During this process, some PANS
may be considered to have reached sufficient stage of
maturity to then become SARPS and thus be incorporated
into the main body of the Annexes.

In broad terms, non-compliance with SARPS will generally


require a difference to be filed with ICAO by the contracting
state, whereas in the case of PANS, a difference may or may
not be filed depending on the content of the PANS in
question. Differences to both SARPS and PANS are also
published in the respective national Aeronautical Information
Publications (AIP).

Figure 3 – Change process for Annex and PANS

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 16 - ICAO AL 01 SARPS – an example

12 SARPS – an example
Objectives of ATS
Annex 11 2.2 User Notes:
The objectives of the air traffic services shall be to:

a) Prevent collisions between aircraft;

b) Prevent collisions between aircraft on the manoeuvring


area and obstructions on that area;

c) Expedite and maintain an orderly flow of air traffic;

d) Provide advice and information useful for the safe and


efficient conduct of flights;

e) Notify appropriate organizations regarding aircraft in need


of search and rescue aid, and assist such organizations
as required.

Filed Difference – an example


NZ AIP GEN 1.7
The definition of ‘air traffic control service’ in the New Zealand
Civil Aviation Act and new Zealand CARs substitute the words ‘a
safe and efficient’ for the words ‘an orderly’ in the Annex 11
definition.

Therefore, in New Zealand c) above becomes:

Expedite and maintain a safe and efficient flow of air traffic.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Determination of the need for air traffic services ICAO AL 01 - 17 -

User Notes:
13 Determination of the need for air traffic services
Annex 11 2.4
The need for the provision of air traffic services shall be
determined by consideration of the following:

a) The types of air traffic involved;

b) The density of air traffic;

c) The meteorological conditions;

d) Such other factors as may be relevant.

Note: Due to the number of elements involved, it has not


been possible to develop specific data to determine the need
for air traffic services in a given area or at a given location.

For example:

a) A mixture of different types of air traffic with aircraft of


varying speeds (conventional jet, etc.) might
necessitate the provision of air traffic services,
whereas a relatively greater density of traffic where
only one type of operation is involved would not;

b) Meteorological conditions might have considerable


effect in areas where there is a constant flow of air
traffic (i.e.. scheduled traffic), whereas similar or
worse meteorological conditions might be relatively
unimportant in an area where air traffic would be
discontinued in such conditions (e.g. local VFR
flights);

c) Open stretches of water, mountainous, uninhabited or


desert areas might necessitate the provision of air
traffic services even though the frequency of
operations is extremely low.

The carriage of airborne collision avoidance systems (ACAS)


by aircraft in a given area shall not be a factor in determining
the need for air traffic services in that area.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 18 - ICAO AL 01 Determination of the need for air traffic services

As for any other form of transportation there will always be an User Notes:
inherent need to provide certain services to air traffic so that it
can be conducted in a safe and orderly manner.

There are, however, two aspects of air traffic which impose


specific requirements on these services:-

1. That once air traffic is under way, it cannot be held


enroute for prolonged periods of time and can only be
brought to a halt by a landing;

2. The world wide nature of aviation activities is dictated


more by considerations of an international character
than any other form of transport.

In addition, air transportation, and more particularly that


conducted at international level, has now assumed such a
role in the economic development of our civilization that its
disturbance generally results in consequences which are not
restricted only to the area in which they occur, but can have
repercussions extending far beyond that area.

Planning for and the execution of air traffic services (ATS) is


essentially a national responsibility unless agreements have
been concluded among states to conduct this planning as a
joint effort for a defined area covering more than one state, or
for areas over which no sovereign rights are exercised. (e.g.
high seas).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Revision ICAO AL 01 - 19 -

14 Revision

1. What is ICAO? User Notes:

2. Give three examples of the aims of ICAO.

3. What principle was established for the first time by


the five Freedoms of the Air? (Automatic right of
Transit and emergency landing)

4. Name the three main bodies of ICAO.

5. What does SARP stand for?

6. Explain the difference between a Standard and a


Recommended Practice.

7. What are the Annexes? Give three examples.

8. What does PANS stand for? Give a brief


explanation of their relationship to SARPS.

9. Where can you find the objectives of ATS?

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 20 - ICAO AL 01 Revision

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
051 ATS Licensing Course

Air Law

AL01 – Development of Aviation and


ICAO

Supplementary Information
Table of Contents
Chicago Convention
Chicago Convention ...................................................................................................................................... 5
Preamble ................................................................................................................................................... 7
Foreword................................................................................................................................................... 8
Part 1 - Air Navigation ............................................................................................................................... 9
Cabotage ................................................................................................................................................. 10
Prohibited areas ...................................................................................................................................... 11
Rules of the air ........................................................................................................................................ 12
Aircraft in distress ................................................................................................................................... 12
Air Navigation facilities and standard systems ....................................................................................... 13
SARPs....................................................................................................................................................... 13
SARPs - continued ................................................................................................................................... 14
SARPs....................................................................................................................................................... 15
Organisation............................................................................................................................................ 15
Annexes ................................................................................................................................................... 17
Definitions ............................................................................................................................................... 18
Ratification .............................................................................................................................................. 19
 President Air Navigation Commission................................................................................................. 19
ICAO Secretary General (Secretariat) ......................................................................................................... 19
 Deputy Director, Air Navigation Bureau ............................................................................................. 19
o Chief Air Traffic Management Section ................................................................................................ 19
 Regional Directors ............................................................................................................................... 19
Finance ........................................................................................................................................................ 19
ICAO ACTIVITIES ....................................................................................................................................... 20
Air Navigation ............................................................................................................................................. 20
Facilitation of International Air Transport .................................................................................................. 20
Regional Planning for Air Navigation .......................................................................................................... 21
Jointly Operated or Financed Services ........................................................................................................ 22
Technical Assistance ................................................................................................................................... 23
International Conventions Prepared Under ICAO ...................................................................................... 24
The Tokyo Convention of 1963 ............................................................................................................... 24
The Hague Convention of 1970 .............................................................................................................. 24

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
The Montreal Convention of 1971.......................................................................................................... 24
The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil
Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation ........................................................................................................................................... 25
Regime and Liability of Air Carriers......................................................................................................... 25
The Warsaw Convention of 1929 .......................................................................................25

The Guadalajara Convention of 1961.................................................................................26

The Rome Convention of 1952 ..........................................................................................26

The Geneva Convention of 1948 .......................................................................................26

Contracting States ....................................................................................................................................... 27


Freedoms of the Air .................................................................................................................................... 29
Cabotage and the Transit Agreement… .................................................................................................. 29
First Freedom of the Air .......................................................................................................................... 29
Second Freedom of the Air ..................................................................................................................... 29
Third Freedom of the Air ........................................................................................................................ 29
Fourth Freedom of the Air ...................................................................................................................... 29
Fifth Freedom of the Air.......................................................................................................................... 29
Sixth Freedom of the Air ......................................................................................................................... 30
Seventh Freedom of the Air .................................................................................................................... 30
Eighth Freedom of the Air....................................................................................................................... 30
Ninth Freedom of the Air ........................................................................................................................ 30
Forward to SARPS ....................................................................................................................................... 31
Historical background ................................................................................................................................. 31
Action by Contracting States....................................................................................................................... 31
Notification of differences. ..................................................................................................................... 31
Use of the Annex text in national regulations ........................................................................................ 31
Status of Annex components ...................................................................................................................... 32
1.— Material comprising the Annex proper: .......................................................................................... 32
a) Standards and recommended practices .........................................................................32

b) Appendices ....................................................................................................................32

c) Definitions ......................................................................................................................32

d) Tables and figures .........................................................................................................32

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
2.— Material approved by the Council for publication in association with the standards and
recommended practices (SARPS):........................................................................................................... 33
a) Forewords ......................................................................................................................33

b) Introductions ..................................................................................................................33

c) Notes .............................................................................................................................33

d) Attachments ...................................................................................................................33

Selection of language .................................................................................................................................. 33


Editorial practices ....................................................................................................................................... 33
Measurement symbols .......................................................................................................34

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Chicago Convention
Signed at Chicago on 7 th December 1944

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Preamble

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Foreword

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Part 1 - Air Navigation

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Cabotage

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Prohibited areas

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Rules of the air

Aircraft in distress

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Air Navigation facilities and standard systems

SARPs

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
SARPs - continued

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
SARPs

Organisation

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Annexes

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Definitions

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Ratification
Because the Chicago Convention was adopted in December 1944, ICAO possesses a
constitution older than the UN Charter itself. Countries were much slower in ratifying the
Chicago Convention, however, than they were in ratifying the UN Charter. For this reason, ICAO
did not come into being until 4 April 1947, 30 days after the convention had been ratified by the
required 26 states. Prior to this date, the Provisional International Civil Aviation Organization
(PICAO) was established as an interim body.

ICAO is a United Nations (UN) special agency: the UN is based in New York City and ICAO
headquarters are in Montreal.

Cooperation
ICAO works in close co-operation with other members of the United Nations family such as the
World Meteorological Organization, the International Telecommunication Union, the Universal
Postal Union, the World Health Organization and the International Maritime Organization.

Non-governmental organisations which also participate in ICAO's work include the International
Air Transport Association, the Airports Council International, the International Federation of Air
Line Pilots' Associations, the International Council of Aircraft Owner and Pilot Associations and
the Civil Air Navigation Services Organisation.

ICAO headquarters are at 999 University Street in the centre of Montreal, Quebec, occupying a
15-story tower with an adjoining complex offering complete conference facilities. ICAO
maintains regional offices in Paris, Bangkok, Cairo, Mexico City, Nairobi, Lima and Dakar to
assist member states in providing aeronautical services.

Key appointments
President ICAO Council

 President Air Navigation Commission


ICAO Secretary General (Secretariat)
 Deputy Director, Air Navigation Bureau
o Chief Air Traffic Management Section
 Regional Directors

Finance
ICAO submits to the Assembly (Contracting States) its annual budgets, statements of accounts
and expenses and estimates of all receipts and expenditures. The assembly votes on the
budgets with such modifications as it deems necessary, and apportions the expenses among
the contracting states. Various programmes may be funded under separate arrangements.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
ICAO ACTIVITIES

Air Navigation
It is evident that air navigation covers an extremely broad spectrum of activities, ranging from
short take-off and landing airplanes to supersonic transports, from security questions to the
impact of aviation on the environment, from training and operating practices for pilots to the
facilities required at airports.

ICAO's program regarding the environment provides a case in point. Growing air traffic and
increased use of jet engines have heightened public awareness of the environmental impact of
civil aviation. In 1968, ICAO instituted activities aimed at reducing aircraft noise. The first
measures involved development of internationally agreed standards for the noise certification of
aircraft (contained in Vol. I of Annex 16 to the Chicago Convention), which resulted in a quieter
generation of jet aircraft.
Comparable studies of aviation's share in air pollution have resulted in the development of
standards (Vol. II of Annex 16) relating to the control of fuel venting and of smoke and gaseous
emissions from newly manufactured turbojet and turbofan engines for subsonic airplanes.

Concern about the continuing threat of violence against international civil aviation and its
facilities, including the unlawful seizure and the sabotage of aircraft, led to adoption by the
council of Annex 17 to the Chicago Convention, containing standards and recommended
practices aimed at safeguarding international civil aviation against acts of unlawful interference.
In addition, comprehensive guidance material on the subject has been developed. As part of its
continuing effort to improve air safety, ICAO has adopted standards for the safe transport of
dangerous goods by air. These form Annex 18 to the Chicago Convention. ICAO studies many
other important subjects, such as all-weather operations, supersonic operations, application of
space techniques to aviation, automated-data interchange systems, and visual aids.

Facilitation of International Air Transport


From the beginning of ICAO's history, the need to facilitate international air transport—to
remove obstacles that would impede the free passage of aircraft, passengers, crew, baggage,
cargo, and mail across international boundaries—was evident. This need is inherent in the
speed of air travel itself; if, for example, customs, immigration, public health, and other
formalities require one hour at each end of a transoceanic flight of six hours, the total duration of
the trip is increased by 33%.

ICAO has therefore developed, over the years, a comprehensive facilitation program that is
reflected in the international standards and recommended practices of Annex 9 to the Chicago
Convention, as well as in the recommendations and statements of the ICAO Council and the
Facilitation Division. Broadly speaking, the program aims at eliminating all nonessential
documentary requirements, simplifying and standardizing the remaining forms, providing certain
minimum facilities at international airports, and simplifying handling and clearance procedures.
The program is concerned with such measures as liberalization of visa requirements and entry
procedures for temporary visitors; the development of machine-readable passports and visas;
speedy handling and clearance procedures for cargo, mail, and baggage; and the elimination,
as far as possible, of requirements for documentation or examination in regard to transit traffic.
In addition to reducing procedural formalities, ICAO's efforts are aimed at providing adequate
airport terminal buildings for passengers and their baggage and for air cargo, with all related
facilities and services. Special attention is given to improving the accessibility of air transport to
elderly and disabled passengers. The continuous growth in air traffic makes it necessary for
airport administrations to review the adequacy of their facilities at regular intervals. When

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modifications in existing terminals or the building of new ones are contemplated, close
coordination and cooperation between planners and users must be established from the earliest
moment, even before any design is made. Proper airport traffic flow arrangements, with a
sufficient number of clearance channels, baggage delivery positions, and cargo handling
facilities, are necessary for the speedy processing of traffic through clearance control.

Regional Planning for Air Navigation


While worldwide uniformity is desirable for certain matters pertaining to civil aviation, others are
best approached on a regional basis, since operating conditions vary a great deal from region to
region. In the North Atlantic region, for example, long-range ocean flying predominates,
whereas in Europe many international flights are short overland jumps. To deal with these
different conditions and to facilitate detailed planning, ICAO has mapped out the following
regions: Asia/Pacific, Middle East, Europe, Africa, Latin America and the Caribbean, South
America, North Atlantic, and North America, which all have Planning and Implementation
Regional Groups (PIRGs). At meetings held for each of them, detailed plans are drawn up for
the facilities, services, and procedures appropriate to that region. The regional plans specify the
air navigation facilities and services that are required, and the locations where they are required,
for communications, air traffic control, search and rescue, meteorology, and so on. ICAO's
plans for the nine regions are regularly revised or amended to meet the needs of increasing
traffic and to take into account technical developments in civil aviation.

ICAO's regional offices are its principal agents in advising and assisting states in regard to
implementation. The offices direct as much of their resources as possible to giving practical
help, among other ways through frequent visits to states by members of the technical staff. In
addition, ICAO allots funds for long-duration advisory implementation missions to help member
countries overcome local deficiencies.

Shortcomings are taken up by the regional offices and the ICAO secretariat with the
governments concerned. More complex cases may require study by the Air Navigation
Commission and, if necessary, by the ICAO Council. The problem of eliminating deficiencies in
navigational services and facilities is one that ICAO considers critical.

The major difficulties are lack of funds for facilities and services, a shortage of trained
personnel, and administrative and organisational difficulties. ICAO has encouraged
governments to upgrade their facilities through loans for capital expenditures, technical
assistance, and other means. It also produces manuals and other documentation to assist
states in setting up aviation training programs for flight and ground personnel and offers advice
on maintenance and improvement of technical standards.

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Jointly Operated or Financed Services
Under the Chicago Convention, every ICAO member state is required to provide air navigation
facilities and services on its own territory. Navigational facilities and services must also be
provided for air routes traversing the high seas and regions of undetermined sovereignty. The
ICAO Council is constitutionally authorised at the request of a member state to "provide, man,
maintain, and administer any or all of the airports and other air navigation facilities, including
radio and meteorological services, required in its territory for the safe, regular, efficient, and
economical operation of the international air services of the other contracting states." The
council also may act on its own initiative to resolve a situation that might impair the "safe,
regular, efficient, and economical operation" of international air services. Although ICAO has
not yet undertaken the actual supervision of any nation's international air navigation facilities
and services, two international agreements are in effect to furnish such services and facilities in
parts of the North Atlantic region through so called "joint-support" programs.

Under these joint-support agreements, the nations concerned provide services, facilities, or
cash payments based on the use by their own aircraft of the routes involved. The two existing
agreements are the Agreement on the Joint Financing of Certain Air Navigation Services in
Greenland and the Faroe Islands and the Agreement on the Joint Financing of Certain Air
Navigation Services in Iceland.

The vast majority of aircraft that utilize the special traffic-control, navigational, and meteoro-
logical services furnished from Iceland and Greenland for transatlantic crossings are neither
Icelandic nor Danish. Hence, some 20 countries, including Iceland and Denmark, provide the
funds necessary for the operation of these services.

ICAO administers these two agreements, the Secretary General having certain responsibilities
and the ICAO Council having others. A special standing body, the Committee on Joint Support
of Air Navigation Services, advises the council in these matters. The operation and costs of the
services are constantly reviewed, and international conferences are held. In the early 1970s,
charges for the use of the aeronautical facilities and services were imposed on all civil aircraft
crossing the North Atlantic. These "user charges" covered only 40% of the costs allocable to
civil aviation but were increased to 50% for the years 1975 to 1978, 60% for 1979 and 1980,
80% for 1981, and 100% thereafter.

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Technical Assistance
In recognition of the importance of the airplane for international and domestic transport in
countries where road and railway services are lacking, and as a means of aiding these countries
in their social and economic development, ICAO has, from its inception, operated technical
assistance programs through UNDP and other UN organs.

Assistance programs executed by ICAO fall into three main categories. UNDP obtains its funds
from donor countries and allocates these funds among recipient countries in the form of country,
inter-country, and interregional projects. The Funds-in-Trust program provides financial
assistance for specific projects in the country receiving the technical assistance. The Associate
Experts program provides experts from certain countries to work under ICAO guidance.

Each civil aviation project may include one or more of the following forms of assistance: experts
to provide specialist advice to the civil aviation administration or national airline; fellowships to
allow nationals to be trained abroad in civil aviation disciplines, often at civil aviation training
centres that have been established through ICAO technical assistance; and equipment, such as
radio navigational aids or communication facilities, to ensure safe and regular air service.

Fellowships have been awarded in many fields, including training as pilots, aircraft maintenance
technicians, air traffic controllers, radio and radar maintenance technicians, communication
officers, airport engineers, electronics engineers, air transport economists, aeronautical
information officers, aeronautical meteorologists, aviation medicine specialists, accident
investigation experts, flight operations officers, airport fire officers, and instructors.

Major types of equipment provided include air traffic control, radar, and flight simulators; training
aircraft; radio communication and radar systems; distance-measuring equipment; very high
frequency omni radio ranges; instrument landing systems; non-directional beacons; "navaid"
flight-test units; airworthiness data-acquisition systems; language laboratories; audiovisual aids;
visual approach slope indicator systems; and fire-fighting vehicles.

Major training institutions assisted by ICAO include civil aviation training centres in Egypt,
Ethiopia, Gabon, Indonesia, Kenya, Mexico, Nigeria, Singapore, Thailand, Trinidad and Tobago,
and Tunisia.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
International Conventions Prepared Under ICAO
The increasing number of incidents of unlawful interference with civil aviation, beginning in the
1960s—aircraft hijacking, the placing of bombs on board aircraft, and attacks on aircraft,
passengers, and crew members at airports—led to the adoption of three conventions.

The Tokyo Convention of 1963


The Convention on Offenses and Certain Other Acts Committed on Board Aircraft does not
define specific offences, but it does have the virtue of ensuring that there will always be a
jurisdiction (namely, that of the state of registry of the aircraft) in which a person who has
committed an offense on board an aircraft can be tried. The convention also provides for the
powers and duties of the aircraft commander and others respecting restraint and disembark-
ation of the suspected offender. It provides a detailed code of behaviour for states in whose
territory the suspected offender has disembarked and also stipulates the steps to be taken in
the event of the hijacking of an aircraft.

The Hague Convention of 1970


The Convention for the Suppression of the Unlawful Seizure of Aircraft defines the offense of
unlawful seizure and provides for universal jurisdiction over, and arrest and custody of, the
suspected offender. It also stipulates that prosecution or extradition of the suspected offender
should take place without many restrictions.

The Montreal Convention of 1971


The Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation defines
a number of acts of unlawful interference directed against international civil aviation. It provides
for universal jurisdiction over the offender and, in general, contains rules for custody, extradition,
and prosecution similar to those in the Hague Convention. All three conventions are concerned
with the preservation of the means of international communication and provide specifically that
in the case of the unlawful seizure of an aircraft, any contracting state in which the aircraft or its
passengers or crew are present shall facilitate the continuation of the journey of the passengers
and crew as soon as practicable and shall return the aircraft and its cargo to the person lawfully
entitled to possession.

The cooperative international action contemplated by the Tokyo, Hague, and Montreal
conventions is intended to eliminate safe havens for hijackers and saboteurs.

Two additional international instruments in the field of aviation security have been developed
under the auspices of ICAO.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
The Protocol for the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation, Supplementary to the
Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation
The protocol was signed at Montreal on 24 February 1988 and came into force as of 6 August
1989. This protocol adds to the definition of "offence" given in the Montreal Convention of 1971,
including actions that are likely to endanger airport safety. It establishes universal jurisdiction
over the offender and applies the Montreal Convention's rules of custody, extradition, and
prosecution.

The Convention on the Marking of Plastic Explosives for the Purposes of Detection, opened for
signature at Montreal in 1991 and came into force on 21 June 1998. This convention requires
that each state party prohibit and prevent the manufacture of unmarked plastic explosives. Four
detection agents are defined in the convention's technical annex. The convention also requires
each state party to prevent the movement of unmarked explosives out of its territory. It also
provides for the destruction of certain kinds of existing stocks of plastic explosives.

Regime and Liability of Air Carriers


Much of ICAO's work has been devoted to keeping up-to-date the regime and limits of liability of
air carriers in the case of death of, or injury to, passengers and in the carriage of cargo and
postal items by air.

The Warsaw Convention of 1929


The Convention on the Unification of Certain Rules Relating to International Carriage by Air,
adopted during the early days of aviation, dominated the field of aviation passenger liability for
almost half a century. It limits the liability, except in cases of gross negligence on the part of the
carrier, to a maximum of 125,000 Poincaré gold francs (about US$10,000). The Hague Protocol
of 1955 doubled the existing limits of liability. In 1971, by the Guatemala City Protocol, the rule
of the Warsaw Convention based on presumption of fault yielded to strict liability, irrespective of
fault. However, it will be some time before the 1971 protocol comes into force because at least
30 states, including five with major air traffic, must ratify it. (As of May 2002, only 7 states had
ratified the protocol).

An interesting feature of the Guatemala City Protocol is that although it provides for a limit of
about US$100,000 per passenger, there is also provision for a domestic supplement if a state
that is party to the protocol wishes to have a higher limit. In 1975, an International Conference
on Air Law, convened under the auspices of ICAO, adopted new amendments to the Warsaw
Convention, as amended by the Hague Protocol. Under the new provisions, the carrier is
responsible for cargo damage, irrespective of fault. Another major change concerns the method
of calculating the liability limits by turning from a solely gold monetary basis to a dual system,
allowing countries that are members of the IMF to base passenger, baggage, and cargo liability
on Special Drawing Rights, whereas countries not members of the IMF would declare liability
limits in monetary units based on gold.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
The Guadalajara Convention of 1961
The Guadalajara Convention, supplementary to the Warsaw Convention, contains rules with
regard to carriage performed by other than the contracting carrier, that is to say, by a carrier that
had not issued the ticket to the passenger, or the air waybill to the consignor. In this case, both
the contracting carrier and the actual carrier would be held jointly and severally liable under the
Warsaw Convention or that convention as amended by the Hague Protocol.

The Rome Convention of 1952


The Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface includes
the principle of absolute liability of the aircraft operator for damage caused to third parties on the
surface but places a limitation on the amount of compensation, expressed in Poincaré gold
francs and calculated in relation to the aircraft concerned. However, a diplomatic conference
convened in 1978 under ICAO auspices adopted a protocol for the amendment of the Rome
Convention. The basic feature of the protocol is a substantial increase in the limits of liability and
the expression of the limits in the Special Drawing Rights of the IMF.

The Geneva Convention of 1948


The Convention on the International Recognition of Rights in Aircraft was prepared in order to
promote the use of loans in financing the sale of aircraft by providing protection of the lender's
rights in an aircraft whenever the aircraft is in the territory of another state that is party to the
Geneva Convention. Other legal subjects on ICAO's work program include the establishment of
a legal framework for global navigation of satellite systems; expediting the ratification of
Montreal protocols Nos. 3 and 4 of the "Warsaw System"; study of the instruments of the
"Warsaw System"; liability rules that might be applicable to air traffic services providers; and the
implication of the UN Convention on the Law of the Sea for the application of ICAO's Chicago
Convention.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Contracting States
Afghanistan Liberia
Albania Libyan Arab Jamahiriya
Algeria Lithuania
Andorra Luxembourg
Angola Madagascar
Antigua and Barbuda Malawi
Argentina Malaysia
Armenia Maldives
Australia Mali
Austria Malta
Azerbaijan Marshall Islands
Bahamas Mauritania
Bahrain Mauritius
Bangladesh Mexico
Barbados Micronesia (Federated States of)
Belarus Moldova
Belgium Monaco
Belize Mongolia
Benin Montenegro
Bhutan Morocco
Bolivia Mozambique
Bosnia and Herzegovina Myanmar
Botswana Namibia
Brazil Nauru
Brunei Darussalam Nepal
Bulgaria Netherlands
Burkina Faso New Zealand
Burundi Nicaragua
Cambodia Nigeria
Cameroon Niger
Canada Norway
Cape Verde Oman
Central African Republic Pakistan
Chad Palau
Chile Panama
China Papua New Guinea
Colombia Paraguay
Comoros Peru
Congo Philippines
Cook Islands Poland
Costa Rica Portugal
Croatia Qatar
Cuba Republic of Korea
Cyprus Romania
Czech Republic Russian Federation
Côte d'Ivoire Rwanda
Democratic People's Republic of Korea Saint Kitts and Nevis
Democratic Republic of the Congo Saint Lucia
Denmark Saint Vincent and the Grenadines
Djibouti Samoa
Dominican Republic San Marino
Ecuador Sao Tome and Principe
Egypt Saudi Arabia
El Salvador Senegal

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Equatorial Guinea Serbia
Eritrea Seychelles
Estonia Sierra Leone
Ethiopia Singapore
Fiji Slovakia
Finland Slovenia
France Solomon Islands
Gabon Somalia
Gambia South Africa
Georgia Spain
Germany Sri Lanka
Ghana Sudan
Greece Suriname
Grenada Swaziland
Guatemala Sweden
Guinea-Bissau Switzerland
Guinea Syrian Arab Republic
Guyana Tajikistan
Haiti Thailand
Honduras The Former Yugoslav Republic of
Hungary Macedonia
Iceland Timor-Leste
India Togo
Indonesia Tonga
Iran (Islamic Republic of) Trinidad and Tobago
Iraq Tunisia
Ireland Turkey
Israel Turkmenistan
Italy Uganda
Jamaica Ukraine
Japan United Arab Emirates
Jordan United Kingdom
Kazakhstan United Republic of Tanzania
Kenya United States
Kiribati Uruguay
Kuwait Uzbekistan
Kyrgyzstan Vanuatu
Lao People's Democratic Republic Venezuela
Latvia Viet Nam
Lebanon Yemen
Lesotho Zambia
Zimbabwe

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Freedoms of the Air

Cabotage and the Transit Agreement…


During the Chicago Convention, States also deliberated post-war ‘freedoms of the
air’ or cabotage, and the first agreement was signed.

First Freedom of the Air


 is the right or privilege, in respect of scheduled international air services,
granted by one State to another State or States to fly across its territory
without landing (also known as a First Freedom Right).

Second Freedom of the Air


 is the right or privilege, in respect of scheduled international air services,
granted by one State to another State or States to land in its territory for
non-traffic purposes (also known as a Second Freedom Right).

Third Freedom of the Air


 is the right or privilege, in respect of scheduled international air services,
granted by one State to another State to put down, in the territory of the
first State, traffic coming from the home State of the carrier (also known
as a Third Freedom Right).

Fourth Freedom of the Air


 is the right or privilege, in respect of scheduled international air services,
granted by one State to another State to take on, in the territory of the first
State, traffic destined for the home State of the carrier (also known as a
Fourth Freedom Right).

Fifth Freedom of the Air


 is the right or privilege, in respect of scheduled international air services,
granted by one State to another State to put down and to take on, in the
territory of the first State, traffic coming from or destined to a third State
(also known as a Fifth Freedom Right).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
ICAO characterises all ‘freedoms’ beyond the Fifth as ‘so-called’ because only
the first five have been officially recognised as such by international treaty.
The first five constitute the International Air Services Transit Agreement.

Sixth Freedom of the Air


 is the right or privilege, in respect of scheduled international air services,
of transporting, via the home State of the carrier, traffic moving between
two other States (also known as a Sixth Freedom Right). The so-called
Sixth Freedom of the Air, unlike the first five freedoms, is not incorporated
as such into any widely recognised air service agreements such as the
‘Five Freedoms Agreement’.

Seventh Freedom of the Air


 is the right or privilege, in respect of scheduled international air services,
granted by one State to another State, of transporting traffic between the
territory of the granting State and any third State with no requirement to
include on such operation any point in the territory of the recipient State,
i.e. the service need not connect to or be an extension of any service
to/from the home State of the carrier.

Eighth Freedom of the Air


 is the right or privilege, in respect of scheduled international air services,
of transporting cabotage traffic between two points in the territory of the
granting State on a service which originates or terminates in the home
country of the foreign carrier or (in connection with the so-called Seventh
Freedom of the Air) outside the territory of the granting State (also known
as a Eighth Freedom Right or "consecutive cabotage").

Ninth Freedom of the Air


 is the right or privilege of transporting cabotage traffic of the granting State
on a service performed entirely within the territory of the granting State
(also known as a Ninth Freedom Right or "stand alone cabotage”).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Forward to SARPS
The following text is at the beginning of each Annex
document to the Convention on International Civil Aviation

Historical background
Standards and Recommended Practices for Personnel Licensing were first adopted
by the Council on 14th April 1948 pursuant to the provisions of Article 37 of the
Convention on International Civil Aviation (Chicago 1944) and designated as Annex 1
to the Convention. They became effective on 15th September 1948.

Table A shows the origin of subsequent amendments together with a list of the
principal subjects involved and the dates on which the Annex and the amendments
were adopted by the Council, when they became effective and when they became
applicable.

Action by Contracting States

Notification of differences.
The attention of Contracting States is drawn to the obligation imposed by Article 38 of
the Convention by which Contracting States are required to notify the Organization of
any differences between their national regulations and practices and the International
Standards contained in this Annex and any amendments thereto.

Contracting States are invited to extend such notification to any differences from the
Recommended Practices contained in this Annex and any amendments, when the
notification of such differences is important for the safety of air navigation. Further,
Contracting States are invited to keep the Organization currently informed of any
difference which may subsequently occur, or of the withdrawal of any difference
previously notified. A specific request for notification of differences will be sent to
Contracting States immediately after the adoption of each amendment to this Annex.

Use of the Annex text in national regulations


The Council, on 13th April 1948, adopted a resolution inviting the attention of
Contracting States to the desirability of using in their own national regulations, as far
as practicable, the precise language of those ICAO Standards that are of a regulatory
character and also of indicating departures from the Standards, including any
additional national regulations that were important for the safety or regularity of air
navigation. Wherever possible, the provisions of this Annex have been written in
such a way as to facilitate incorporation, without major textual changes, into national
legislation.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Status of Annex components
An Annex is made up of the following component parts, not all of which, however, are
necessarily found in every Annex; they have the status indicated:

1.— Material comprising the Annex proper:


a) Standards and recommended practices adopted by the Council under
the provisions of the Convention. They are defined as follows:

Standard: Any specification for physical characteristics, configuration, matériel,


performance, personnel or procedure, the uniform application of which is recognized
as necessary for the safety or regularity of international air navigation and to which
Contracting States will conform in accordance with the Convention; in the event of
impossibility of compliance, notification to the Council is compulsory under Article 38.

Recommended practice: Any specification for physical characteristics,


configuration, matériel, performance, personnel or procedure, the uniform application
of which is recognized as desirable in the interest of safety, regularity or efficiency of
international air navigation, and to which Contracting States will endeavour to
conform in accordance with the Convention.

b) Appendices comprising material grouped separately for convenience but


forming part of the Standards and Recommended Practices adopted by the Council.

c) Definitions of terms used in the Standards and Recommended Practices which


are not self explanatory in that they do not have accepted dictionary meanings. A
definition does not have independent status but is an essential part of each Standard
and Recommended Practice in which the term is used, since a change in the
meaning of the term would affect the specification.

d) Tables and figures which add to or illustrate a Standard or Recommended


Practice and which are referred to therein, form part of the associated Standard or
Recommended Practice and have the same status.

It is to be noted that some Standards in this Annex incorporate, by reference, other


specifications having the status of Recommended Practices. In such cases the text of
the Recommended Practice becomes part of the Standard.

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2.— Material approved by the Council for publication in
association with the standards and recommended practices
(SARPS):
a) Forewords comprising historical and explanatory material based on the action
of the Council and including an explanation of the obligations of States with regard to
the application of the Standards and Recommended Practices ensuing from the
Convention and the Resolution of Adoption.

b) Introductions comprising explanatory material introduced at the beginning of


parts, chapters or sections of the Annex to assist in the understanding of the
application of the text.

c) Notes included in the text, where appropriate, to give factual information or


references bearing on the Standards or Recommended Practices in question, but not
constituting part of the Standards or Recommended Practices.

d) Attachments comprising material supplementary to the Standards and


Recommended Practices, or included as a guide to their application.

Selection of language
This Annex has been adopted in six languages — English, Arabic, Chinese, French,
Russian and Spanish. Each Contracting State is requested to select one of those
texts for the purpose of national implementation and for other effects provided for in
the Convention, either through direct use or through translation into its own language,
and to notify the Organization accordingly.

Editorial practices
The following practice has been adhered to in order to indicate at a glance the status
of each statement: Standards have been printed in light face roman; Recommended
Practices have been printed in light face italics, the status being indicated by the
prefix Recommendation; Notes have been printed in light face italics, the status
being indicated by the prefix Note.

It is to be noted that in the English text the following practice has been adhered to
when writing the specifications: Standards employ the operative verb “shall” while
Recommended Practices employ the operative verb “should”.

The units of measurement used in this document are in accordance with the
International System of Units (SI) as specified in Annex 5 to the Convention on
International Civil Aviation. Where Annex 5 permits the use of non-SI alternative units
these are shown in parentheses following the basic units.

Where two sets of units are quoted it must not be assumed that the pairs of values
are equal and interchangeable. It may, however, be inferred that an equivalent level
of safety is achieved when either set of units is used exclusively.

Any reference to a portion of this document which is identified by a number includes


all subdivisions of that portion.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Annex 5, Attachment B (extract)

Measurement symbols
5. Style and usage
5.1 Rules for writing unit symbols
5.1.1 Unit symbols should be printed in Roman (upright) type regardless of the type
style used in the surrounding text.
5.1.2 Unit symbols are unaltered in the plural.
5.1.3 Unit symbols are not followed by a period except when used at the end of a
sentence.
5.1.4 Letter unit symbols are written in lower case (cd) unless the unit name has
been derived from a proper name, in which case the first letter of the symbol is
capitalized (W, Pa). Prefix and unit symbols retain their prescribed form regardless of
the surrounding typography.
5.1.5 In the complete expression for a quantity, a space should be left between the
numerical value and the unit symbol. For example, write 35 mm not 35mm, and 2.37
lm, not 2.371m. When the quantity is used in an adjectival sense, a hyphen is often
used, for example, 35-mm film.
Exception: No space is left between the numerical value and the symbols for degree,
minute and second of plane angle, and degree Celsius.
5.1.6 No space is used between the prefix and unit symbols.
5.1.7 Symbols not abbreviations should be used for units. For example, use "A", not
"amp", for ampere.

Annex 5 states that the following (case sensitive) non-SI units may be used for ICAO
purposes:

Unit(s) Symbol Example


Foot ft 500 ft
Knot kt 480 kt
Nautical mile NM 50 NM

Annex 5 further determines that a space placed is between the number and the
symbol, for SI and non-SI symbols, excepting for degrees; for example:

 temperature 5°C
 geodesy 179°E
 angles 45°
 tracks 090°M

Useful commonly used SI units include:

Unit(s) Symbol Example


metre m 23 m
kilometre km 54 km
day d 11 d
hour h 4h
minute min 15 min
second sec 37 s
megahertz MHz 118.4 MHz
kilohertz kHz 8868 kHz
hectopascal hPa 1013 hPa

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL02 – Documentation
-2- ICAO AL 02 Contents:

1 Contents:
User Notes:

Table of Contents
1 Contents: ................................................................................2
2 Learning Outcome..................................................................3
Performance Criteria: ................................................3
3 Aviation legislation.................................................................4
ATS documentation ...................................................5
Aeronautical Information Publication .......................6
4 NOTAM...................................................................................7
Definition ...................................................................7
Types of NOTAM .......................................................7
Subject matter to be issued via NOTAM ...................8
What is NOT in a NOTAM ........................................10
5 Aeronautical Information Regulation and Control ..............11
Aeronautical Information Circular...........................11
Air Traffic Control Manual .......................................12
Unit Operating Instructions .....................................12
Contents ............................................... 12
Amendments ........................................ 12
Letters of agreement and Operations letters .........13
Aerodrome emergency planning.............................13
6 Revision ................................................................................14

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Performance Criteria: Documentation -3-

2 Learning Outcome
List and briefly describe documentation associated with ATC, including purpose and general
content.

Performance Criteria:
The student will be able to:

1. Identify and briefly describe the meanings of the following User Notes:
acronyms:

AIP, NOTAM, AIRAC, AIC, UOI and LOA.

2. Give three examples of subjects to be included in a


NOTAM.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-4- ICAO AL 02 Aviation legislation

3 Aviation legislation

For the aviation industry to operate safely it is necessary to User Notes:


develop rules and procedures that the international civil
aviation community can follow. Whilst these are based on the
requirements of the International Civil Aviation Organization
(ICAO), to be legally enforceable in the contracting states they
must be passed into law. Enabling legislation thus requires
the passing of an act of parliament in each Contracting State.

Figure 1 - enabling air legislation is enacted by


governments of the Contracting States

The appropriate act provides an overview of what can and


cannot be done legally in the aviation industry of that state,
and forms the basis for the development of the regulations
and procedures necessary to operate an air traffic services
(ATS) system.

Aviation legislation in Contracting States is expected to use


the precise language if possible of the ICAO regulatory
material, as referred to in Articles 37 and 38 to the
Convention.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
ATS documentation Documentation -5-

ATS documentation User Notes:


Standards and procedures need to be established at different
levels of the ATS system

 International standards and procedures – ICAO

 Regional supplements and regulations – Contracting


States as submitted through ICAO regional forums

 Inter-unit documentation – units within the same flight


information region (FIR)

 Intra-unit documentation – within the same area


control centre (ACC) or flight information centre (FIC)
(where no ACC is established)

 Individual station documentation – aerodrome control


tower (TWR) or approach control office (APP).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-6- ICAO AL 02 Aviation legislation

Aeronautical Information Publication


An Aeronautical Information Publication (AIP) is published by User Notes:
the respective civil aviation regulatory authority for each
contracting state, as required by Annex 15.

Annex 15 4 Note 1 and 2

AIP are intended primarily to satisfy international


requirements for the exchange of aeronautical information of
a lasting character essential to air navigation. When
practicable, the form of presentation is designed to facilitate
their use in flight.

AIP constitute the basic information source for permanent


information and long duration temporary changes.

AIP is designed to be a manual containing thorough details of


regulations, procedures and other information pertinent to
flying aircraft in the particular country to which it relates. It
also contains aeronautical charts pertinent to the contracting
state. These can either from part of the AIP itself or be
distributed separately.

Figure 2 - Typical AIP Aerodrome chart

Annex 15 4.3.1

Permanent changes to the AIP shall be published as AIP


Amendments.

Annex 15 4.4.1

Temporary changes of long duration (three months or longer)


and information of short duration which contains extensive
text and/or graphics shall be published as AIP Supplements.

See supplementary material for further information.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Definition Documentation -7-

4 NOTAM
Definition User Notes:
Annex 15 2

NOTAM. A notice distributed by means of telecommunication


containing information concerning the establishment,
condition or change in any aeronautical facility, service,
procedure or hazard, the timely knowledge of which is
essential to personnel concerned with flight operations.

Annex 15 5.1.1

A NOTAM shall be originated and issued promptly whenever


the information to be distributed is of a temporary nature and
of short duration or when operationally significant permanent
changes, or temporary changes of long duration are made at
short notice, except for extensive text and/or graphics.

Figure 3 - Typical NOTAM layout

Types of NOTAM
There are three types of NOTAM,

 NOTAMN (New)

 NOTAMR (Replacement)

 NOTAMC (Cancellation)

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-8- ICAO AL 02 NOTAM

Subject matter to be issued via NOTAM User Notes:


Annex 15 5.1.1.1

A NOTAM shall be originated and issued concerning the


following information:

a) establishment, closure or significant changes in


operation of aerodrome(s)/heliport(s) or runways;

b) establishment, withdrawal and significant changes in


operation of aeronautical services (AGA, AIS, ATS,
COM, MET, SAR…);

c) establishment or withdrawal of electronic and other aids


to air navigation and aerodromes/heliports. This
includes interruption or return to operation, change of
frequencies, change in notified hours of service, change
of identification, change of orientation (directional aids),
change of location, power increase or decrease
amounting to 50 per cent or more, change in broadcast
schedules or contents, or irregularity or unreliability of
operation of any electronic aid to air navigation, and air-
ground communication services;

d) establishment, withdrawal or significant changes made


to visual aids;

e) interruption of or return to operation of major


components of aerodrome lighting systems;

f) establishment, withdrawal or significant changes made


to procedures for air navigation services;

g) occurrence or correction of major defects or


impediments in the manoeuvring area;

h) changes to and limitations on availability of fuel, oil and


oxygen;

i) major changes to search and rescue facilities and


services available;

j) establishment, withdrawal or return to operation of


hazard beacons marking significant obstacles to air
navigation;

k) changes in regulations requiring immediate action, e.g.


prohibited areas for SAR action;

l) presence of hazards which affect air navigation


(including obstacles, military exercises, displays, races,
major parachuting events outside promulgated sites);

m) erecting or removal of, or changes to, significant


obstacles to air navigation in the take-off/climb, missed
approach, approach areas and runway strip;

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Subject matter to be issued via NOTAM Documentation -9-

n) establishment or discontinuance (including activation or


deactivation) as applicable, or changes in the status of
prohibited, restricted or danger areas;

o) establishment or discontinuance of areas or routes or


portions thereof where the possibility of interception
exists and where the maintenance of guard on the VHF
emergency frequency 121.5 MHz is required;

p) allocation, cancellation or change of location indicators;

q) significant changes in the level of protection normally


available at an aerodrome for rescue and fire-fighting
purposes. NOTAM shall be originated only when a
change of category is involved and such change of
category shall be clearly

r) presence or removal of, or significant changes in,


hazardous conditions due to snow, slush, ice or water
on the movement area;

s) outbreaks of epidemics necessitating changes in


notified requirements for inoculations and quarantine
measures;

t) forecasts of solar cosmic radiation, where provided;

u) an operationally significant change in volcanic activity,


the location, date and time of volcanic eruptions and/or
horizontal and vertical extent of volcanic ash cloud,
including direction of movement, flight levels and routes
or portions of routes which could be affected;

v) release into the atmosphere of radioactive materials or


toxic chemicals following a nuclear or chemical incident,
the location, date and time of the incident, the flight
levels and routes or portions thereof which could be
affected and the direction of movement;

w) establishment of operations of humanitarian relief


missions, such as those undertaken under the auspices
of United Nations, together with procedures and/or
limitations which affect air navigation; and

x) implementation of short-term contingency measures in


cases of disruption, or partial disruption, of air traffic
services and related supporting services.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 10 - ICAO AL 02 NOTAM

What is NOT in a NOTAM User Notes:


Annex 15 5.1.1.3

The following information shall not be notified by NOTAM:

a) routine maintenance work on aprons and taxiways


which does not affect the safe movement of aircraft;

b) runway marking work, when aircraft operations can


safely be conducted on other available runways, or the
equipment used can be removed when necessary;

c) temporary obstructions in the vicinity of aerodromes/


heliports that do not affect the safe operation of aircraft;

d) partial failure of aerodrome/heliport lighting facilities


where such failure does not directly affect aircraft
operations;

e) partial temporary failure of air-ground communications


when suitable alternative frequencies are known to be
available and are operative;

f) the lack of apron marshalling services and road traffic


control;

g) the unserviceability of location, destination or other


instruction signs on the aerodrome movement area;

h) parachuting when in uncontrolled airspace under VFR


(see 5.1.1.1 l), when controlled, at promulgated sites or
within danger or prohibited areas;

i) other information of a similar temporary nature.

Annex 15 5.2. (part)


Each NOTAM shall:

 deal with only one subject and one condition of the


subject.

 be as brief as possible and so compiled that its


meaning is clear without the need to refer to another
document.

 be transmitted as a single telecommunication


message.

See supplementary material for further information.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Aeronautical Information Circular Documentation - 11 -

5 Aeronautical Information Regulation and Control


The AIRAC system comes from Annex 15 Chapter 6 – User Notes:
Aeronautical Information Services (AIS), and defines a series
of common dates (generally at intervals of 28 days) and an
associated standard aeronautical information publication
procedure for States.

Aeronautical Information Circular


Annex 15 Chapter 2
Aeronautical Information Circular (AIC) is a notice containing
information that does not qualify for the origination of a
NOTAM or for inclusion in the AIP, but which relates matters
pertaining to:

 flight safety

 air navigation

 technology

 administration

 legislation.

See supplementary material for further information.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 12 - ICAO AL 02 Aeronautical Information Regulation and Control

Air Traffic Control Manual


States may publish their own manual of air traffic control. For User Notes:
Contracting States, content must reflect that contained in
ICAO Annexes and PANS documents.

If a Contracting State wishes to not use an ICAO standard or


to introduce one of its own inconsistent with minimum ICAO
standards, then they must file a notice of variation (Difference)
with ICAO.

Some states may prefer to adopt ICAO Doc. 4444 as their


manual of air traffic control, perhaps with supplementary
distinctive pages for local applications that have wider
application than Unit Operating Instructions (UOIs).

Unit Operating Instructions


Doc 9426 IV-2-1.9
While prepared under the direction of the chief of an ATS unit,
ATS unit operating instructions are issued under the authority
of the director of ATS. They primarily consist of procedures
and instructions of a local nature which are either subject to
frequent change or limited in application, but are, in all cases,
supplementary to the applicable national provisions.

Contents
Unit operating instructions should, as necessary, contain:

a) detailed unit operational procedures and requirements;

b) detailed unit administrative requirements, including the


responsibilities of each operating position;

c) amplification and/or explanation of provisions of the


national manual of ATS, where necessary.

Specific terminology should be used to differentiate between


mandatory, recommended and optional application of the
relevant provisions.

In the preparation of unit operating instructions, relevant


instructions contained in other readily accessible documents
should only be referred to but not repeated in order to avoid
the need for amendment of the operating instructions every
time the quoted instructions are changed.

Amendments
Amendments to unit operating instructions should be recorded
in the document and brought to the attention of all controllers
concerned in the most appropriate manner. In addition, as
part of the conditions of taking over a specific operating
position, controllers should be required to indicate, in an
appropriate manner, that an amendment has been noted.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Letters of agreement and Operations letters Documentation - 13 -

Letters of agreement and Operations letters


Doc 9426 IV-2-1.10 (part)

It is accepted practice that the term ‘letter of agreement’ User Notes:


(LOA) is used to cover agreements between two or more
adjacent ATS units or between ATS authorities of different
States dealing with the manner in which ATS are to be
provided by the parties concerned.

The term ‘Operations letter’ is used to cover agreements


between one or more ATS unit(s) on the one hand and other
authorities, agencies or bodies (the military, other operators,
aerodrome operators, etc.) specifying the conditions, means
and procedures employed to regulate their co-operation or the
conduct of specific operations affecting ATS.

See supplementary reading for further information.

Aerodrome emergency planning


Aerodrome emergency planning is the process of preparing
an aerodrome to cope with an emergency occurring at the
aerodrome or in its vicinity. The objective of aerodrome
emergency planning is to minimize the effects of an
emergency, particularly in respect of saving lives and
maintaining aircraft operations. The aerodrome emergency
plan sets forth the procedures for coordinating the response
of different aerodrome agencies (or services) and of those
agencies in the surrounding community that could be of
assistance in responding to the emergency.

An aerodrome emergency plan shall be established at an


aerodrome, commensurate with the aircraft operations and
other activities conducted at the aerodrome.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 14 - ICAO AL 02 Revision

6 Revision

1. What do the following acronyms stand for: User Notes:

a. AIP

b. NOTAM

c. AIRAC

d. AIC

e. UOI

f. LOA

2. Give a brief description for each of the above.

3. Elicit examples of subjects to be included in a NOTAM

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
051 ATS Licensing Course

Air Law

AL02 – Documentation

Supplementary Information
AL-02 Documentation - Supplementary Reading

Table of Contents
Aeronautical Information Publication..................................................................................................... 3
Content ............................................................................................................................................... 3
General specifications ......................................................................................................................... 4
Specifications for AIP amendments .................................................................................................... 5
Specifications for AIP Supplements .................................................................................................... 5
NOTAM.................................................................................................................................................... 6
Sample NOTAM ................................................................................................................................... 6
General specifications ......................................................................................................................... 7
Distribution ......................................................................................................................................... 8
Aeronautical Information Circular .......................................................................................................... 9
AIC content ......................................................................................................................................... 9
General specifications ....................................................................................................................... 10
Distribution ....................................................................................................................................... 10
Sample AIC ........................................................................................................................................ 10
Letters of agreement and Operations letters ....................................................................................... 12
Coordination ..................................................................................................................................... 12
Subject Matter .................................................................................................................................. 12
Format ............................................................................................................................................... 13
ICAO documents and manuals .............................................................................................................. 14
Chicago Convention (blue cover) ...................................................................................................... 14
Procedures for Air Navigation Services (blue cover) ........................................................................ 15
Manuals (purple cover) ..................................................................................................................... 16
Circulars (light blue cover) ................................................................................................................ 16
Regional Air Navigation Plans (brown cover).................................................................................... 16
National Air Navigation Plans ........................................................................................................... 16

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

Aeronautical Information Publication

Content
AIPs shall include in Part 1 — General (GEN):

a) a statement of the competent authority responsible for the air navigation facilities,
services or procedures covered by the AIP;

b) the general conditions under which the services or facilities are available for
international use;

c) a list of significant differences between the national regulations and practices of the
State and the related ICAO Standards, Recommended Practices and Procedures,
given in a form that would enable a user to differentiate readily between the
requirements of the State and the related ICAO provisions;

d) the choice made by a State in each significant case where an alternative course of
action is provided for in ICAO Standards, Recommended Practices and Procedures.

The aeronautical charts listed alphabetically below shall, when available for designated
international aerodromes/ heliports, form part of the AIP, or be distributed separately to
recipients of the AIP:

a) Aerodrome/Heliport Chart — ICAO;

b) Aerodrome Ground Movement Chart — ICAO;

c) Aerodrome Obstacle Chart — ICAO Type A;

d) Aircraft Parking/Docking Chart — ICAO;

e) Area Chart — ICAO;

f) Instrument Approach Chart — ICAO;

g) Precision Approach Terrain Chart — ICAO;

h) Standard Arrival Chart — Instrument (STAR) — ICAO;

i) Standard Departure Chart — Instrument (SID) —ICAO;

j) Visual Approach Chart — ICAO.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

General specifications

Each AIP shall be self-contained and shall:

 include a table of contents


 be dated
o In the case of AIP s issued in loose-leaf form, each page shall be dated.
o The date, consisting of the day, month (by name) and year, shall be the
publication date or the effective date of the information.

A checklist giving the current date of each page in the AIP series shall be reissued frequently
to assist the user in maintaining a current publication. The page number/chart title and date
of the checklist shall appear on the checklist itself.

Each AIP issued as a bound volume and each page of an AIP issued in loose-leaf form shall
be so annotated as to indicate clearly:

a) the identity of the AIP;

b) the territory covered and subdivisions when necessary;

c) the identification of the issuing State and producing organization (authority);

d) page numbers/chart titles;

e) the degree of reliability if the information is doubtful.

All changes to the AIP, or new information on a reprinted page, shall be identified by a
distinctive symbol or annotation.

Operationally significant changes to the AIP shall be published in accordance with AIRAC
procedures and shall be clearly identified by the acronym — AIRAC.

AIP shall be amended or reissued at such regular intervals as may be necessary to keep
them up to date.

Recourse to hand amendments or annotations shall be kept to the minimum. The normal
method of amendment shall be by means of replacement sheets.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

Specifications for AIP amendments


Permanent changes to the AIP shall be published as AIP Amendments.

Each AIP Amendment:

 shall be allocated a serial number, which shall be consecutive.


 page, including the cover sheet, shall display a publication date.

Each AIRAC AIP Amendment page, including the cover sheet, shall display an effective
date.

When an AIP Amendment is issued, it shall include references to the serial number of those
elements, if any, of the Integrated Aeronautical Information Package which have been
incorporated into the amendment.

A brief indication of the subjects affected by the amendment shall be given on the AIP
Amendment cover sheet.

Specifications for AIP Supplements

Temporary changes of long duration (three months or longer) and information of short
duration which contains extensive text and/or graphics shall be published as AIP
Supplements.

Each AIP Supplement shall be allocated a serial number which shall be consecutive and
based on the calendar year.

AIP Supplement pages shall be kept in the AIP as long as all or some of their contents
remain valid. When an AIP Supplement is sent in replacement of a NOTAM, it shall include a
reference to the serial number of the NOTAM.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

NOTAM
At least seven days’ advance notice shall be given of the activation of established danger,
restricted or prohibited areas and of activities requiring temporary airspace restrictions other
than for emergency operations.

A NOTAM notifying unserviceability of aids to air navigation, facilities or communication


services shall give an estimate of the period of unserviceability or the time at which
restoration of service is expected.

When an AIP Amendment or an AIP Supplement is published in accordance with AIRAC


procedures, NOTAM shall be originated giving a brief description of the contents, the
effective date and the reference number to the amendment or supplement. This NOTAM
shall come into force on the same effective date as the amendment or supplement and shall
remain valid in the pre-flight information bulletin for a period of fourteen days.

Sample NOTAM

090161 CYVR VANCOUVER INTL


CYVR UNLESS OTHERWISE INSTRUCTED BY ATC IFR ACFT CONDUCTING A VISUAL
APCH RWY 26R/08L ANTICIPATE THE PUB ILS/DME OR ILS/RADAR MISSED APCH
PROC IN THE EVENT OF AN OVERSHOOT
TIL 0903120900
090198 CYVR SQUAMISH
OBST BLASTING WITHIN 0.25 NM RADIUS:
494238N 1233209W (APRX 15 NM WSW AD)
494345N 1233217W (APRX 15 NM WSW AD)
494454N 1233040W (APRX 14 NM WSW AD)
494539N 1232717W (APRX 11 NM WSW AD)
494703N 1232534W (APRX 10 NM WSW AD)
494821N 1232337W (APRX 9 NM W AD)
SFC TO 500 FT AGL. 1500/0200 DLY.
0902141500 TIL 0902280200

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

General specifications

Each NOTAM shall contain the information in a prescribed order.

Text of NOTAM shall be composed of the significations/uniform abbreviated phraseology


assigned to the ICAO NOTAM Code complemented by ICAO abbreviations, indicators,
identifiers, designators, call signs, frequencies, figures and plain language.

When NOTAM is selected for international distribution, English text shall be included for
those parts expressed in plain language.

Information concerning snow, slush, ice and standing water on aerodrome/heliport


pavements shall, when reported by means of a SNOWTAM, contain the information in the
order shown in the SNOWTAM Format.

Information concerning an operationally significant change in volcanic activity, a volcanic


eruption and/or volcanic ash cloud shall, when reported by means of an ASHTAM, contain
the information in the order shown in the ASHTAM Format.

The NOTAM originator shall allocate to each NOTAM a series identified by a letter and a
four-digit number followed by a stroke and a two-digit number for the year. The four-digit
number shall be consecutive and based on the calendar year.

When errors occur in a NOTAM, a NOTAM with a new number to replace the erroneous
NOTAM shall be issued.

When a NOTAM is issued which cancels or replaces a previous NOTAM, the series and
number of the previous NOTAM shall be indicated. The series, location indicator and subject
of both NOTAM shall be the same. Only one NOTAM shall be cancelled or replaced by a
NOTAM.

A NOTAM containing permanent or temporary information of long duration shall carry


appropriate AIP or AIP Supplement references.

Location indicators included in the text of a NOTAM shall be those contained in Location
Indicators (Doc. 7910).

In no case shall a curtailed form of such indicators be used.

Where no ICAO location indicator is assigned to the location, its place name spelt in shall be
entered in plain language.

A checklist of valid NOTAM shall be issued as a NOTAM over the Aeronautical Fixed
Service (AFS) at intervals of not more than one month using the NOTAM. One NOTAM shall
be issued for each series.

A checklist of NOTAM shall refer to the latest AIP Amendments, AIP Supplements and at
least the internationally distributed AIC.

A checklist of NOTAM shall have the same distribution as the actual message series to
which they refer and shall be clearly identified as checklist.

A monthly printed plain-language list of valid NOTAM, including indications of the latest AIP
Amendments, AIC issued and a checklist of AIP Supplements, shall be prepared with a
minimum of delay and forwarded by the most expeditious means to recipients of the
Integrated Aeronautical Information Package.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

Distribution

NOTAM shall be distributed on the basis of a request.

NOTAM shall be prepared in conformity with the relevant provisions of the ICAO
communication procedures.

The AFS (aeronautical fixed service) shall, whenever practicable, be employed for NOTAM
distribution.

The originating State shall select the NOTAM that are to be given international distribution.

International exchange of NOTAM shall take place only as mutually agreed between the
international NOTAM offices (NOF) concerned. The international exchange of ASHTAM and
NOTAM where States continue to use NOTAM for distribution of information on volcanic
activity, shall include volcanic ash advisory centres, and shall take account of the
requirements of long-range operations.

These exchanges of NOTAM between international NOTAM offices shall, as far as


practicable, be limited to the requirements of the receiving States concerned by means of
separate series providing for at least international and domestic flights.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

Aeronautical Information Circular

AIC content
An AIC shall be originated whenever it is desirable to promulgate:

a) a long-term forecast of any major change in legislation, regulations, procedures or


facilities;

b) information of a purely explanatory or advisory nature liable to affect flight safety;

c) information or notification of an explanatory or advisory nature concerning technical,


legislative or purely administrative matters. This shall include:

1) forecasts of important changes in the air navigation procedures, services and


facilities provided;

2) forecasts of implementation of new navigational systems;

3) significant information arising from aircraft accident/ incident investigation which has
a bearing on flight safety;

4) information on regulations relating to the safeguarding of international civil aviation


against acts of unlawful interference

5) advice on medical matters of special interest to pilots;

6) warnings to pilots concerning the avoidance of physical hazards;

7) effect of certain weather phenomena on aircraft operations;

8) information on new hazards affecting aircraft handling techniques;

9) regulations relating to the carriage of restricted articles by air;

10) reference to the requirements of, and publication of changes in, national legislation;

11) aircrew licensing arrangements;

12) training of aviation personnel;

13) application of, or exemption from, requirements in national legislation;

14) advice on the use and maintenance of specific types of equipment;

15) actual or planned availability of new or revised editions of aeronautical charts;

16) carriage of radio equipment;

17) explanatory information relating to noise abatement;

18) selected airworthiness directives;

19) changes in NOTAM series or distribution, new editions of AIP or major changes in
their contents, coverage or format;

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

20) advance information on the snow plan

21) other information of a similar nature.

General specifications

AIC shall be issued in printed form.

Distribution

States shall give AIC selected for international distribution the same distribution as for the
AIP.

Sample AIC
(See next page)

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

AERONAUTICAL INFORMATION CIRCULAR 49/08

GANDER, NEWFOUNDLAND AND LABRADOR CHANGES TO CLASS E AIRSPACE

NAV CANADA, the country's provider of civil air navigation services, continuously monitors the safety of Canadian airspace.
As a consequence, an airspace assessment at Gander, Newfoundland and Labrador, was completed.

After consultation with aircraft operators and Transport Canada, it was determined that safety and air traffic service would
be enhanced by expanding the area where aircraft transponders are required in the vicinity of Gander. This expansion
would also be consistent with new Canadian Aviation Regulations (CARs) with respect to airborne collision avoidance
systems (ACAS).

The planned transponder airspace is depicted in the accompanying chart but can be generally described as follows:

The Class E airspace within 15 nautical miles (NMs) of Gander International (excluding the control zone) above 1,500 feet
above sea level (ASL), and

The Class E airspace between 15 NMs and 25 NMs above 2,500 feet ASL.

Please monitor NOTAMs and aeronautical publications for exact implementation date and time.

For further information, please contact:

Marcel Pinon

Manager, Level of Service and Aeronautical Studies – East NAV CANADA

77 Metcalfe Street Ottawa,

18 DEC 08

Rudy Kellar

Vice President, Operations

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

Letters of agreement and Operations letters


Doc 9426 IV-2-1.10 (part)

Coordination
Procedures should be established for the processing of letters of agreement and operations
letters to ensure that:

a) any action required by letters of agreement is coordinated with the ATS units concerned;

b) any necessary co-ordination with other parties concerned with an operations letter is
effected;

c) the effective date of an agreement allows for at least 30 days for familiarization after
distribution by all concerned;

d) the agreement is signed by the unit chief controller and responsible personnel of other
agencies/operators involved;

e) a copy of the agreement is provided to:

1) the units/agencies/operators involved;

2) the director of ATS;

3) if applicable, military headquarters, offices of other administrations and Regional


Offices.

1.10.3 Letters of agreement and operations letters should be reviewed frequently and
amended or replaced as necessary to ensure conformity with current operational
requirements, directives and policy. Amendments should be prepared and processed in the
same manner as the original agreement. Agreements that are no longer applicable should
be cancelled and all agencies that were provided copies of an agreement should be
informed of its cancellation. Each agreement and all amendments thereto should be retained
for a specified period of time after their cancellation.

Subject Matter
1.10.4 When preparing letters of agreement or operations letters, the unit chief controller, in
co-ordination with other units/agencies/operators involved, should develop the subject as
follows:

a) define the purpose;

b) define the responsibilities of each unit/agency/operator involved if responsibility is being


delegated or if the division of responsibility is not already adequately defined in a manual of
operations or established by policy;

c) if a delegation of the responsibility for airspace is involved, describe the airspace and
define conditions governing its use, such as use of levels, routing restrictions, limitations
and/or exceptions;

d) describe the procedures that are required to supplement those contained in the manual of
operations, establish common operating practices, or resolve differences between conflicting
procedures;

e) include charts or diagrams if they will help to explain the terms of the agreement.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

Format
1. 10.5 The format for letters of agreement should take account of the following points:

a) Parties to the agreement: Specify the agencies, units, authorities between which the letter
is agreed;

b) Subject: Define the subject of the agreement;

c) Effective date: State when the agreement comes into force and, if relevant, when it
expires;

d) Special provisions: Include provisions regarding modification, amendment and/or


cancellation of the agreement;

e) Status: Indicate whether the letter supersedes, supplements or otherwise affects other
previous agreements;

f) Attachments: List any chart, diagram or other appendices;

g) Signature: Include appropriate titles and signatures;

h) For ease of subsequent reference, it may also be advisable to assign a specific number or
other identifier to each letter of agreement.

1.10.6 The format for operations letters may vary due to the variety of subjects which can be
covered; therefore, no specific format can be prescribed; however, the provisions for letters
of agreement shown in 1.10.5 above should be used whenever this is possible.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

ICAO documents and manuals


The following documents are examples of ICAO regulatory material that have relevance to
this course or air navigation services; although these are not the only references with such
relevance.

Chicago Convention (blue cover)


 Discussed in previous module.

Annexes (blue cover)


Standards and recommended practices are publishes in Annexes as authorised under the
Convention on International Civil Aviation (Chicago Convention) Article 54 l.

Annexes to the Chicago Convention are:


1 Personnel Licensing

2 Rules of the Air

3 Meteorological Service for International Air Navigation

4 Aeronautical Charts

5 Units of Measurement to be Used in Air and Ground Operations

6 Operation of Aircraft

7 Aircraft Nationality and Registration Marks

8 Airworthiness of Aircraft

9 Facilitation

10 Aeronautical Telecommunications

11 Air Traffic Services

12 Search and Rescue

13 Aircraft Accident and Incident Investigation

14 Aerodromes

15 Aeronautical Information Services

16 Environmental Protection

17 Security

18 The Safe Transport of Dangerous Goods by Air

19 Safety Management

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

Air traffic controllers are particularly affected by Annexes 1 and 11, as well as Annexes 2-5,
10, 12, 14-15 & 19.

Procedures for Air Navigation Services (blue cover)


Also with blue covers are the three PANS documents. These are:

 PANS-ABC Doc. 8400 Abbreviations and Codes


 PANS-ATM Doc. 4444 Air Traffic Management
 PANS-OPS Doc. 8168 Operations, Vol. I and II

All are relevant to air traffic controllers, except for PANS-OPS Vol II with its highly technical
content intended for instrument flight procedure designers.

3. Status

3.1 The Procedures for Air Navigation Services (PANS) do not have the same status as the
Standards and Recommended Practices. While the latter are adopted by Council in
pursuance of Article 37 of the Convention on International Civil Aviation, subject to the full
procedure of Article 90, the PANS are approved by the Council and recommended to
Contracting States for worldwide application.

3.2 While the PANS may contain material which may eventually become Standards or
Recommended Practices (SARPS) when it has reached the maturity and stability necessary
for adoption as such, they may also comprise material prepared as an amplification of the
basic principles in the corresponding SARPS, and designed particularly to assist the user in
the application of those SARPS.

5. Publication of differences

5.1 The PANS do not carry the status afforded to Standards adopted by the Council as
Annexes to the Convention and, therefore, do not come within the obligation imposed by
Article 38 of the Convention to notify differences in the event of non-implementation.

5.2 However, attention of States is drawn to the provision of Annex 15 related to the
publication in their Aeronautical Information Publications of lists of significant differences
between their procedures and the related ICAO procedures.

6. Promulgation of information

Information relating to the establishment and withdrawal of and changes to facilities, services
and procedures affecting aircraft operations provided according to the Procedures specified
in this document should be notified and take effect in accordance with Annex 15.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-02 Documentation - Supplementary Reading

Manuals (purple cover)


Many ICAO documents are relevant to air traffic controllers. Samples of ICAO manuals are:

 9426 ATS Planning Manual;


 9161 Manual ANS Economics (Ch.2 Organizational Structure of ANS);
 9432 Manual of Radiotelephony
 9750 CNS/ATM Global Plan.

Circulars (light blue cover)


Circulars detail material that not yet sufficiently mature to be incorporated in manuals:

 211 Aerodrome Flight Information Service

Contents of Circular 211 have now been incorporated in Doc 9643, Manual on Simultaneous
on Parallel or Near-Parallel Runways.

Regional Air Navigation Plans (brown cover)


Each ICAO region produces a regional air navigation plan, to provide a comprehensive plan
featuring relevant aspects of the ICAO global CNS-ATM plan, for respective states to apply
to their own air navigation plans in an integrated manner.

 Asia-Pacific Region Doc. 9673


 Regional Supplementary Procedures Doc. 7030

National Air Navigation Plans


National air navigation plans are developed by ANS providers in consultation with the
regulator, airport operators as appropriate, military authorities and customer organisations.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
051 ATS Licensing Course

Air Law

AL03 – Air Navigation Services


-2- AL 03 Contents:

1 Contents:
User Notes:

Table of Contents
1 Contents:................................................................................ 2
2 Learning Outcome ................................................................. 3
Performance Criteria: ................................................ 3
3 Introduction ........................................................................... 4
4 Components........................................................................... 5
International arena ................................................... 5
5 Air Traffic Services ................................................................. 6
“ATS” as a generic term ............................................ 6
Air Traffic Control Service ......................................... 7
Flight Information Service ......................................... 8
Air Traffic Advisory Service........................................ 9
Alerting Service ......................................................... 9
6 Air Traffic Management (ATM) and CNS ............................. 10
7 Revision ................................................................................ 11

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Performance Criteria: Air Navigation Services -3-

2 Learning Outcome
Identify and describe the main components and sub-components of Air Navigation Services.

Performance Criteria:
1. Identify the meanings of the following acronyms: User Notes:

ATS, COM, MET, SAR, AIS,

ATC, FIS, ADVS, ALRS,

TWR, APP, ACC,

FIS, ATIS, AFIS

ATM, CNS

2. Identify and correctly group the components of ANS, ATS,


and ATC.

3. Describe the relationship between ATS and ADVS.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-4- AL 03 Introduction

3 Introduction

The international aviation community encourages standard User Notes:


nomenclature throughout, to avoid situations where
contracting states each develop their own terminologies and
then expect others to either use the same nomenclature or at
least comprehend what is meant (they don’t always).
Alternatively some organisations pick up the aeronautical
jargon and simply misapply it.

The following references describe and clarify what air


navigation services are and what the terms mean as applied
by the International Civil Aviation Organization (ICAO).

 Annex 3 – Meteorological Service for


International Air Navigation (MET)

 Annex 10 – Aeronautical Telecommunications


(COM)

 Annex 11 – Air Traffic Services (ATS)

 Annex 12 – Search and Rescue Services (SAR)

 Annex 14 – Aerodromes (AGA)

 Annex 15 – Aeronautical Information Services


(AIS)

 Procedures for Air Navigation Services (PANS)


Documents

o 8400 (Abbreviations and Codes (ABC)),

o 8168 (Operations (OPS)) and

o 4444 (Air Traffic Management (ATM))

 Doc. 9426 – Air Traffic Services Planning Manual


(ATSPM)

 Doc. 9161 – Manual on Air Navigation Service


Economics (Third Edition 1997)

 Circ. 211 – Aerodrome Flight Information Service


(AFIS).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
International arena Air Navigation Services -5-

4 Components

International arena User Notes:


The term air navigation services (ANS) is used in various
ICAO publications, and includes:

 air traffic services (ATS)

 aeronautical telecommunications (COM)

 meteorological service for international air navigation


(MET)

 search and rescue (SAR)

 aeronautical information services (AIS)

ATS, COM, MET, SAR and AIS are detailed as standards and
recommended practices (SARPS) in Annexes to the
Convention on International Civil Aviation.

ICAO Procedures for Air Navigation Services (PANS)


documents include various air navigation services
applications. PANS documents, although not having the same
status as SARPS, contain essential information for which non-
compliance may still require ‘Differences’ to be filed with ICAO
and published in a Contracting State’s Aeronautical
Information Publication (AIP).

Figure 1 - ICAO uses “Air Navigation Services” to include a number of aviation services

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-6- AL 03 Air Traffic Services

5 Air Traffic Services

“ATS” as a generic term


Annex 11 Definitions User Notes:
A generic term meaning variously, flight information service,
alerting service, air traffic advisory service, air traffic control
service (area control service, approach control service or
aerodrome control service).

Includes:

 air traffic control service ....... (ATC)

 flight information service ....... (FIS)

 air traffic advisory service .... (ADVS)

 alerting service .................... (ALRS)

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Air Traffic Control Service Air Navigation Services -7-

Air Traffic Control Service

Annex 11 Definitions User Notes:


A service provided for the purpose of:

a) preventing collisions:

1) between aircraft, and


2) on the manoeuvring area between aircraft
and obstructions: and

b) expediting and maintaining an orderly flow of air


traffic.

The ATC service component of ATS is defined as including:

 aerodrome control ............... (TWR) service, or tower

 approach control ................. (APP) service, or office

 area control ......................... (ACC) service, or centre.

The above services can be further broken down into various


sub-elements, such as:

 surface movement control ... (SMC)

 departure radar control ........ (DEP)

 arrival radar control .............. (ARR)

 oceanic area control ............. (OAC)

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-8- AL 03 Air Traffic Services

Flight Information Service

Annex 11 Definitions User Notes:


A service provided for the purpose of giving advice and
information useful for the safe and efficient conduct of flights.

FIS is provided throughout a flight information region (FIR) or


sector thereof. This may be from a flight information centre
(FIC) or Area Control Centre (ACC), as well as other ATS
units.

FIS can either be provided in conjunction with an ATC


service; or on its own in areas where ATC service is not
provided, such as in uncontrolled airspace.

Where FIS is provided at an aerodrome, the service is termed


Aerodrome FIS (AFIS), and is provided from an Aerodrome
Flight Information Office (AFIO). The volume of airspace
within which AFIS is locally provided is a flight information
zone (FIZ).

FIS includes:

 automatic terminal information service ....... (ATIS)

 aerodrome flight information service ............ (AFIS)

 operational flight information service .......... (OFIS)

 traffic information broadcasts by aircraft ..... (TIBA)

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Air Traffic Advisory Service Air Navigation Services -9-

Air Traffic Advisory Service


Annex 11 Definitions User Notes:
A service provided within advisory airspace to ensure
separation, in so far as practical, between aircraft which are
operating on IFR flight plans.

Doc 4444 9.1.4


The objective of the ADVS is to make information on collision
hazards more effective than it would be in the mere provision
of FIS. It may be provided to aircraft conducting IFR flights in
advisory airspace or on advisory routes (Class F airspace).
ADVS should only be implemented where the air traffic
services are inadequate for the provision of air traffic control,
and the limited advice on collision hazards otherwise
provided by FIS will not meet the requirement. Where ADVS
is implemented, this should be considered normally as a
temporary measure only until such time as it can be replaced
by air traffic control service.

ADVS does not afford the degree of safety and cannot


assume the same responsibilities as air traffic control service
in respect of the avoidance of collisions, since information
regarding the disposition of traffic in the area concerned
available to the unit providing ADVS may be incomplete. To
make this quite clear, ADVS does not deliver clearances but
only advisory information and it uses the word advise or
suggest when a course of action is proposed to an aircraft.

Alerting Service
Annex 11 Definitions
A service provided to notify appropriate organisations
regarding aircraft in need of search and rescue aid, and assist
such organisations as required.

ALRS is exercised in conjunction with all ATS and is an


integral component of each other ATS; it is not an ATS
provided independently.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 10 - AL 03 Air Traffic Management (ATM) and CNS

6 Air Traffic Management (ATM) and CNS


Another generic term used in the context of ICAO documents User Notes:
is Air Traffic Management (ATM).

Doc 4444 Definitions

“Air Traffic Management (ATM): The dynamic, integrated


management of air traffic and airspace including air traffic
services, airspace management and air traffic flow
management – safely, economically and efficiently – through
the provision of facilities and seamless services in
collaboration with all parties and involving airborne and
ground-based functions”.

Put simply, air traffic management is a generic term relating to


the management of air traffic and airspace. Air traffic services
constitute one component of ATM, and the only component
which this course will cover.

ATM is frequently referred to in conjunction with CNS, which


stands for: Communication, Navigation, and Surveillance.
CNS refers to the systems by which ATM is achieved, and
aspects of this will be covered later in the 051 Induction
Course.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Alerting Service Air Navigation Services - 11 -

7 Revision

1. What do the following acronyms stand for: User Notes:

ATS, COM, MET, SAR, AIS,


ATC, FIS, ADVS, ALRS,
TWR, APP, ACC,
FIS, ATIS, AFIS
ATM, CNS

2. What are the components of ANS?

3. What services does ATS include?

4. What services does ATC include?

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
- 12 - AL 03 Revision

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
051 ATS Licensing Course

Air Law

AL03 – Air Navigation Services

Supplementary Information
AL-03 Air Navigation Services - Supplementary Reading

Table of Contents
Aeronautical telecommunications .......................................................................................................... 3
General................................................................................................................................................ 3
Aeronautical communications ............................................................................................................ 3
Aeronautical telecommunications systems ........................................................................................ 4
Radio navigation services.................................................................................................................... 5
Related professional and technical activities...................................................................................... 5
Air traffic services relationships .............................................................................................................. 6
ICAO Annex 11 Air Traffic Services (extract) ........................................................................................... 7
2.2 Objectives of the air traffic services.............................................................................................. 7
2.3 Divisions of the air traffic services ................................................................................................ 7
Air Traffic Management (ATM) ........................................................................................................... 8
Further Selected ICAO references .......................................................................................................... 9

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-03 Air Navigation Services - Supplementary Reading

Aeronautical telecommunications

General

ATS are not normally provided (other than in the most basic manner using light signals) without the
aid of aeronautical telecommunications systems and related services.

COM (or CNS) ‘systems’ are described in detail as ICAO SARPS.

COM includes:

 aeronautical communications service


 radio navigation service
 related technical activities.

Aeronautical
Telecommunications
(COM) services

Aeronautical
Radio Navigation Related technical
Communications
Services activities
Services

Aeronautical communications
Those technical services components of an operational nature provided in support of ATS or
otherwise constitute aeronautical communications. These are provided from an ‘aeronautical
station’ by an Aeronautical Station Operator (ASO) and include:

 aeronautical fixed service (AFS) – essentially ground-ground communications; for


example, the aeronautical fixed telecommunications network (AFTN)

 aeronautical mobile service1 (AMS) – essentially air-ground communications. These


include those in support of an ATS such as international high frequency (HF) relay
communications. AMS are provided from an Aeronautical Station. An aeronautical
station might be say a mining camp or maybe an aero club office radio operating in the
aeronautical frequency band with suitable licensed to do so.

Aeronautical
Communications

Aeronautical Fixed Aeronautical Mobile


Service (AFS) Service (AMS)

1
In the United States, and more recently in Australia and New Zealand, UNICOM (Universal Communications) has been
introduced at some airports for reasons best known to authorities there. Elsewhere this service is termed AMS, with station
identifier suffix ‘Radio’ used (whether a local aeronautical station or ATS-relay channel).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-03 Air Navigation Services - Supplementary Reading

ATIS broadcasts recorded or digitised weather


conditions at the airport on a dedicated AMS VHF channel; however ATIS forms part of FIS.

AMSS is the aeronautical mobile satellite service, which may feature voice applications
beyond emergency communications in future.

CPDLC is controller-pilot data link communications – an automated exchange of operational


data that features satellite facilitation.

Aeronautical telecommunications systems

COM2 systems include:

 communication (C) systems: these include radio systems such as VHF and HF, links,
voice communications switching systems (VCSS),
message switching systems (MSS) and the like.

 navigation (N) systems: these included VHF Omni Range (VOR), Distance
Measuring Equipment (DME), Instrument Landing
System (ILS), medium frequency (MF) beacons and VHF
fan markers.

 surveillance (S) systems: these include primary surveillance radar (PSR) and
secondary surveillance radar (SSR).

 automated systems: are usually components of all the above; for example
flight and radar data processing systems (FDPS and
RDPS).

Aeronautical
Telecommunications
systems (CNS)

Communication Navigation Surveillance


Automated Systems
Systems (C) Systems (N) Systems (S)

Airport electrical systems such as airfield lighting (AFL) are not deemed to be electronic ANS
systems; rather these are components of aerodrome ground aids (AGA) infrastructure. Such
facilities are described in ICAO Annex 14 Aerodromes and related documents. However it is
recognised that visual guidance systems such as precision approach path indicator systems
aid visual navigation immediately before aircraft land.

2
COM as in aeronautical telecommunications, should not be confused with specific communications facilities as featured in
the ‘C’ in CNS.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-03 Air Navigation Services - Supplementary Reading

Radio navigation services

Radar and navigation systems components listed under Aeronautical Telecommunications


Systems above provide associated radio navigation services. Automatic dependent
surveillance (ADS) features modern automated surveillance technology that may be either
satellite facilitated or utilise terrestrial infrastructure.

Radio navigation services use:

 radio navigation aids


 surveillance systems
 automated systems.

Radio Navigation
Services

Radio Navigation Automated


Radar Systems
Aids Systems

Related professional and technical activities

Related professional and technical activities include:

 systems engineering project planning, facility design, systems specification, and


equipment implementation up to handover.

 technical services facility operation and management-post handover, systems


maintenance, aeronautical draughting.

 flight inspection services not exactly COM as such but an activity associated with
radio navigation services.

 navigation procedures design not a COM function but an activity complementary to


radio navigation services.

Related professional
& technical activities

Flight inspection Navigation


Systems engineering Technical services
services procedures design

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-03 Air Navigation Services - Supplementary Reading

Air traffic services relationships

Some aeronautical
services components &
their relationships

Air Traffic
Communications Navigation Surveillance Management
(ATM)

[systems Airspace Air Traffic Flow


Air Traffic Services
breakdown not Management Management
(ATS)
shown further] (ASM) (ATFM)

Flight Information Air Traffic


Air Traffic Control Alerting Service
Service Advisory Service
(ATC) service (ALRS)
(FIS) (ADVS)

Information Aerodrome Control Approach Control Area Control


(FIS) (TWR) service (APP) service (ACC) service

Aerodrome Control
Tower Approach
Information (ACC)
(TWR) (APP)
(AFIS)

Radio Ground Departure Radar


(AMS A/G) (SMC) (DEP) (RSR/SSR)

Automatic Fixed
Telecommunication Clearance Delivery Arrival Oceanic
Network (CD) (ARR) (OAC)
(AFS G/G)

Automatic Terminal
Radar Precision Search and Rescue
Info. Service
(TAR/SSR) (PAR) (SAR) Service
(ATIS)

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-03 Air Navigation Services - Supplementary Reading

ICAO Annex 11 Air Traffic Services (extract)3

2.2 Objectives of the air traffic services


The objectives of the air traffic services shall be to:

a) prevent collisions between aircraft;

b) prevent collisions between aircraft on the manoeuvring area and obstructions on that
area;

c) expedite and maintain an orderly flow of air traffic;

d) provide advice and information useful for the safe and efficient conduct of flights;

e) notify appropriate organizations regarding aircraft in need of search and rescue aid,
and assist such organizations as required.

2.3 Divisions of the air traffic services4


The air traffic services shall comprise three services identified as follows.

2.3.1 The air traffic control service, to accomplish objectives a), b) and c) of 2.2, this service
being divided in three parts as follows:

a) Area control service: the provision of air traffic control service for controlled flights,
except for those parts of such flights described in 2.3.1 b) and c), in order to accomplish
objectives a) and c) of 2.2;

b) Approach control service: the provision of air traffic control service for those parts of
controlled flights associated with arrival or departure, in order to accomplish objectives
a) and c) of 2.2;

c) Aerodrome control service: the provision of air traffic control service for aerodrome
traffic, except for those parts of flights described in 2.3.1 b), in order to accomplish
objectives a), b) and c) of 2.2.

2.3.2 The flight information service, to accomplish objective d) of 2.2.

2.3.3 The alerting service, to accomplish objective e) of 2.2.

3
ICAO Annex II: Air Traffic Services, Chapter 2, pg 2-1 (1/11/01)
4
ICAO Annex II: Air Traffic Services, Chapter 2, pg 2-2 (22/11/01)

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-03 Air Navigation Services - Supplementary Reading

Air Traffic Management (ATM)


The ground component of ATM includes the following elements:

 ATS
 air traffic flow management (ATFM)
 airspace management (ASM).

Air Traffic Management


(ATM) (ground
component)

Airspace Management Air Traffic Services Air Traffic Flow


(ASM) (ATS) Management (ATFM)

ATS may be considered as the “service” component of ATM, whereas ASM and ATFM are
best understood as functions.

ATM uses high levels of automation in its application areas and increasing satellite
facilitation. ATM is frequently referred to in conjunction with complementary communication,
navigation, surveillance (C, N, S) systems, as CNS/ATM.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-03 Air Navigation Services - Supplementary Reading

Further Selected ICAO references


A. Annex 3 – Meteorological Service for International Air Navigation (MET)

B. Annex 10 – Aeronautical Telecommunications (COM)

C. Annex 11 – Air Traffic Services (ATS)

D. Annex 12 – Search and Rescue Services (SAR)

E. Annex 14 – Aerodromes (AGA)

F. Annex 15 – Aeronautical Information Services (AIS)

G. Procedures for Air Navigation Services (PANS) documents:

i. 8400 – Abbreviations and Codes (ABC)

ii 8168 – Operations (OPS)

iii 4444 – Air Traffic Management (ATM)

H. Doc. 9426 – Air Traffic Services Planning Manual (ATSPM)

I. Doc. 9161 – Manual on Air Navigation Service Economics (Third Edition 1997)

J. Circ. 211 – Aerodrome Flight Information Service (AFIS).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-03 Air Navigation Services - Supplementary Reading

INTENTIONALLY LEFT BLANK

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Air Law

AL04 – Airspace
-2- ICAO AL 04 Contents:

1 Contents:
User Notes:

Table of Contents
1 Contents: ................................................................................2
2 Learning Outcomes ................................................................3
Performance Criteria: ................................................3
3 Flight Information Regions.....................................................4
4 Classification of airspace........................................................6
Airspace Classes ........................................................6
Class A........................................................................6
Class B ........................................................................6
Class C ........................................................................6
Class D .......................................................................6
Class E. .......................................................................7
Class F ........................................................................7
Class G .......................................................................7
5 Air traffic control service .......................................................8
ATC separation ..........................................................8
6 Status of aerodromes and airspace environs ........................9
Flight information zone .............................................9
Controlled aerodrome ...............................................9
Aerodrome traffic zone (ATZ) ....................................9
Control zone (CTR)...................................................10
Controlled airspace .................................................11
Information regions.................................................12
Transponder Mandatory Airspace ..........................12
7 Special use airspace .............................................................13
General - Types of restrictions ................................13
Danger area .............................................................13
Restricted area ........................................................13
Prohibited area ........................................................14
Special designated airspace ....................................14
8 Revision ................................................................................15

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
Learning Outcomes Airspace -3-

2 Learning Outcomes
Identify and describe the ICAO classes of airspace, including ATC service and separation
requirements; terminology associated with status of aerodromes and airspace; and types of special
use airspace.

Performance Criteria:
1. Identify and describe the 7 classes of airspace according User Notes:
to ICAO Annex 11, including provision of ATC and ATC
separation within each of these.

2. Describe the following terms:

 flight information region

 flight information zone

 controlled aerodrome

 control zone

3. Identify the meaning of the following acronyms: CTA,


TMA, UTA, OCA, FIR, UIR, ATZ, CTR

4. List and describe the 3 types of airspace restrictions:

 Danger Area,

 Restricted Area,

 Prohibited Area.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
-4- ICAO AL 04 Flight Information Regions

3 Flight Information Regions

ICAO Annex 11 has divided the world into manageable User Notes:
‘chunks’ of airspace for the provision of Air Traffic Services.
These ‘chunks’ of airspace are known as Flight Information
Regions (FIR). Following the international convention, this
airspace extends from the surface of the earth and has no
specified upper limit. The FIR is the largest regular division of
airspace in use in the world today.

Within the FIRs aeronautical services are provided to enable


participation in the ICAO Regional "Air Navigation Plan" and
meet global and domestic community obligations for services
such as Search And Rescue, the provision of aeronautical
information and the administration of flight operations.

Any portion of the atmosphere belongs to some specific FIR.


Smaller countries’ airspace is encompassed by a single FIR,
larger countries’ airspace is subdivided into a number of
regional FIRs. Oceanic airspace is divided into Oceanic Flight
Information Regions and delegated to a controlling authority
bordering the region. The division among authorities is done
by international agreement through ICAO.

There is no standard size for FIRs; it is a matter for


administrative convenience of the country concerned. In
some cases there may exist a horizontal division of the FIR,
in which case the lower portion remains named as such,
whereas the airspace above is named Upper Information
Region, or UIR.

An information service and alerting service are the basic


levels of Air Traffic service, providing information pertinent to
the safe and efficient conduct of flights and alerting the
relevant authorities should an aircraft be in distress. These
are available to all aircraft through an FIR. Higher levels of Air
Traffic Advisory and Control services may be available within
certain portions of airspace within an FIR, according to the
ICAO class of that portion of airspace.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
Flight Information Regions Airspace -5-

OAKLAND
OAKLAND OCEANIC
OCEANIC
NAURU
NAURU
PORT
PORT MORESBY
MORESBY
NADI
NADI
JAYAPURA
JAYAPURA HONIARA
HONIARA SAMOA
SAMOA
SECTOR
SECTOR
DANG
ANG
G PORT
PORT VILA
VILA

TONGA
TONGA COOK
COOK
NEW
NEW
SECTOR
SECTOR SECTOR
SECTOR
CALEDONIA
CALEDONIA

BRISBANE
BRISBANE TAHITI
TAHITI

NEW
NEW ZEALAND
ZEALAND

AUCKLAND
AUCKLAND OCA
OCA

MELBOURNE
MELBOURNE

EASTER
EASTER
MC
MC MURDO
MURDO
SECTOR
SECTOR

SAN
SA
PUERTO
PUERTO MONTT
MONTT

PUNTA
PUNTA ARENA
ARENA

EZE
EZ

JOHANNESBURG
JOHANNESBURG OCEANIC
OCEANIC
COMODORO
COMODORO RIVADAVIA
RIVADAVIA M
M

Figure 1 - typical Flight Information Regions

MONTEVIDE
MONTEVIDE

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015

PUNTA
PUNTA ARENA
ARENA
-6- ICAO AL 04 Classification of airspace

4 Classification of airspace
ICAO Annex 11 divides all airspace, both domestic and User Notes:
international, into 7 classes, each class being identified by the
letters A to G inclusive. The class of airspace is in accord with
the type of ATS service that is being provided.

Airspace Classes
Annex 11 2.6.1
ATS airspaces shall be classified and designated in
accordance with the following.

Class A
IFR flights only are permitted

 all flights are provided with air traffic control service

 all are separated from each other.

Class B
IFR and VFR flights are permitted,

 all flights are provided with air traffic control service

 all are separated from each other.

Class C
IFR and VFR flights are permitted,

 all flights are provided with air traffic control service

 IFR flights are separated from other IFR flights

 IFR flights are separated from VFR flights.

 VFR flights are separated from IFR flights

 VFR flights receive traffic information in respect of


other VFR flights.

Class D
IFR and VFR flights are permitted and

 all flights are provided with air traffic control service,

 IFR flights are separated from other IFR flights,

 IFR flights receive traffic information in respect of VFR


flights,

 VFR flights receive traffic information in respect of all


other flights.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
Classification of airspace Airspace -7-

Class E.
IFR and VFR flights are permitted,

 IFR flights are provided with air traffic control service

 IFR flights are separated from other IFR flights.

 all flights receive traffic information as far as is


practical.

NB. Class E shall not be used for control zones.

Class F
IFR and VFR flights are permitted,

 all participating IFR flights receive an air traffic


advisory service

 all flights receive flight information service if


requested.

Note.— Where air traffic advisory service is implemented, this


is considered normally as a temporary measure only until
such time as it can be replaced by air traffic control service.

Class G
IFR and VFR flights are permitted

 both receive flight information service if requested.

States shall select those airspace classes appropriate to their


needs.

Where the airspaces adjoin vertically flights at a common


level would comply with requirements of the less restrictive
class of airspace. In applying these criteria, Class B airspace
is therefore considered less restrictive than Class A airspace;
Class C airspace less restrictive than Class B airspace etc.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
-8- ICAO AL 04 Air traffic control service

5 Air traffic control service


Annex 11 3.1

Air traffic control service shall be provided: User Notes:

a) to all IFR flights in airspace Classes A, B, C, D and E;

b) to all VFR flights in airspace Classes B, C and D;

c) to all special VFR flights;

d) to all aerodrome traffic at controlled aerodromes.

ATC separation
Doc 4444 5.2.1.1 (part)
Vertical or horizontal separation shall be provided:

a) between all flights in Class A and B airspaces;

b) between IFR flights in Class C, D and E airspaces;

c) between IFR flights and VFR flights in Class C


airspace;

d) between IFR flights and special VFR flights;

e) between special VFR flights, when so prescribed by the


appropriate ATS authority

except, for the cases under b) above in airspace Classes D


and E, during the hours of daylight when flights have been
cleared to climb or descend subject to maintaining own
separation and remaining in visual meteorological conditions.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
Status of aerodromes and airspace environs Airspace -9-

6 Status of aerodromes and airspace environs

Flight information zone User Notes:


ICAO Circular 211 Aerodrome Flight Information Service
(AFIS) 21 & 36 d)
A flight information zone is established where aerodrome
flight information service is provided at an uncontrolled
aerodrome.

Controlled aerodrome
Annex 11 Definitions
An aerodrome at which air traffic control service is provided to
aerodrome traffic.

Note. – The term ‘controlled aerodrome’ indicates that air


traffic control service is provided to aerodrome traffic but does
not necessarily imply that a control zone exists.

A controlled aerodrome may be located in a control zone,


aerodrome traffic zone, or uncontrolled airspace, depending
on circumstances.

Aerodrome traffic zone (ATZ)


An ATZ is established around an airfield and is designed to
provide protection to aircraft traffic in the critical stages of
circuit, landing and takeoff. An aerodrome traffic zone
assumes the status of the airspace within which it is
contained (usually Class G)

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- 10 - ICAO AL 04 Status of aerodromes and airspace environs

Control zone (CTR) User Notes:


Annex 11 Definitions & 2.10.5
A controlled airspace extending upwards from the surface of
the earth to a specified upper limit.
The lateral limits of control zones shall encompass at least
those portions of the airspace, which are not within control
areas, containing the paths of IFR flights arriving at and
departing from aerodromes to be used under instrument
meteorological conditions.

A control zone is established where an approach control


service is provided to arriving and departing controlled IFR
flights.

ICAO recommends that CTRs should be circular or of a


simple shape wherever possible so that a pilot may more
easily determine whether s/he is in or outside a zone. Also,
CTRs should be no larger than is necessary for control
purposes, so that restrictions on the movement of VFR
aircraft may be kept to a minimum.

Irregular shapes may at times be necessary for various


reasons, which may be summarised as follows:

 To include areas of greatest traffic density

 To protect arriving and departing IFR aircraft

 To ensure terrain clearance

 To cater for military training or high speed


manoeuvres

 To link up adjacent control zones

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
Status of aerodromes and airspace environs Airspace - 11 -

Controlled airspace User Notes:


Annex 11 definitions

Control zone

(described above)

Control area (CTA)

A controlled airspace extending upwards from a specified


limit above the earth.

-in the vicinity of an airport, with a specified lower and upper


level, usually situated on top of a CTR and provides
protection to aircraft climbing out from the airport beyond
/above TMA(s), up to UTA base.

Terminal control area (TMA)

A control area normally established at the confluence of ATS


routes in the vicinity of one or more major aerodromes.

- confluence of routes, surround/above CTR(s)

Upper control area (UTA)

- FL 245 to FL 660 (EU) / FL 600 (US)

Oceanic control area (OCA)

- specified level to upper limit in oceanic areas

CTA/C

CTA/C

CTA/D

Figure 2 - Example of Airspace configuration

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- 12 - ICAO AL 04 Status of aerodromes and airspace environs

Information regions User Notes:


Flight information region (FIR)

An airspace of defined dimensions within which flight


information service and alerting service are provided.

- Surface (SFC) to upper limit (not related to sovereignty but


may coincide)

Upper flight information region (UIR)

- FL 245 to upper limit, above one or more FIRs

Oceanic flight information region

- specified level to upper limit in oceanic areas

Transponder Mandatory Airspace


Some airspace is designated as Transponder Mandatory
Airspace, where a pre-requisite of entering that airspace is
that the aircraft has a serviceable and operating transponder.
Airspace so designated is depicted on maps and charts by
showing the Category and Class of airspace in reverse print
and within other documents by adding “TM” after the
Category and Class.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
Special use airspace Airspace - 13 -

7 Special use airspace


General - Types of restrictions User Notes:
Doc 9426 Part 1 Section 2 3.3.2 (part)

Airspace restrictions can take the following form:

a) danger area; or

b) restricted area; or

c) prohibited area.

According to their definitions, a danger area implies the least


degree of restriction, while the prohibited area constitutes its
most stringent form. This definition is applied only with
respect to airspace which is situated over the territory of a
State. In areas where no sovereign rights are exercised (e.g.
over the high seas) danger areas may only be established by
the body responsible for the activities causing their
establishment.

Danger area
Annex 11 Definitions
An airspace of defined dimensions within which activities
dangerous to the flight of aircraft may exist at specified times.

Danger Areas are established to warn pilots of an area where


danger to aviation may be present. A danger area requires
pilots to have due consideration of the danger present within
the area prior to entering, but does not require approval from
an agency. Pilots should take every precaution to avoid
infringing the boundaries of active danger areas. When not
notified as being active, danger areas may be regarded as
safe. Danger areas extend from sea or ground level (SFC) to
a specified upper limit AMSL or as detailed in the NOTAM
advising of activation. Danger Areas are depicted on charts
with the designation D---

Restricted area
Annex 11 Definitions
An airspace of defined dimensions, above the land areas or
territorial waters of a state, within which the flight of aircraft is
restricted in accordance with certain specified conditions.

Restricted areas are generally established when the risk


involved is such that it can no longer be left to the discretion
of individual pilots whether or not they want to expose
themselves to such risk. Thus, restricted areas are
established whenever the intent is not to prohibit all flights of
civil aircraft but to permit limited operations (pilots require
authorisation from the appropriate authority to enter). They
are prescribed for conservation purposes and special events.
Restricted Areas are depicted on charts with the designation
R---

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- 14 - ICAO AL 04 Special use airspace

Prohibited area User Notes:


Annex 11 Definitions
An airspace of defined dimensions, above the land areas or
territorial waters of a state, within which the flight of aircraft is
prohibited.

Prohibited areas are established whenever the use of that


portion of airspace is completely forbidden to aircraft.

Such areas are normally established to protect important


State installations, critical industrial complexes whose
damage as a result of an aircraft accident could assume
catastrophic proportions (atomic power plants, sensitive
chemical complexes) or especially sensitive installations
which are essential for national security. Prohibited Areas
are depicted on charts with the designation P---

Special designated airspace


This term refers to special portions of airspace where aircraft
are required to comply with specific additional procedures
(mainly special identification and/or reporting procedures).

Although such areas are designated by a variety of names


(e.g. Air Defence Identification Zone (ADIZ)), in all cases the
consequence of non-compliance generally involves prompt
retaliatory action (interception, forced landing, etc.).

For further information on Airspace restrictions see


supplementary reading.

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Revision Airspace - 15 -

8 Revision

1. List the seven ICAO classes of airspace. User Notes:

2. Who gets an ATC service?

3. Who shall be provided with ATC separation,


according to airspace classification?

4. What do the following acronyms stand for:

CTA, TMA, UTA, OCA, FIR, UIR, ATZ, CTR

5. Explain the difference between FIR and flight


information zone.

6. Name the three types of airspace restrictions.

7. What is a Danger Area?

8. What is a Restricted Area?

9. What is a Prohibited Area?

10. What is Special designated airspace?

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
- 16 - ICAO AL 04 Revision

INTENTIONALLY LEFT BLANK

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
051 ATS Licensing Course

Air Law

AL04 – Airspace

Supplementary Information
AL-04 Air Navigation Services - Supplementary Reading

Table of Contents
Status of aerodromes and airspace environs ......................................................................................... 4
Flight information zone....................................................................................................................... 4
Controlled aerodrome ........................................................................................................................ 4
Aerodrome traffic zone ....................................................................................................................... 4
Control zone ........................................................................................................................................ 5
Sovereign territory and high seas; atmosphere, airspace and outer space – with airspace
management and national considerations ............................................................................................. 6
United Nations Convention on International Civil Aviation.................................................................... 8
Sovereign ............................................................................................................................................ 8
Sovereignty ......................................................................................................................................... 8
Territorial sovereignty......................................................................................................................... 9
Sovereignty in international law ......................................................................................................... 9
State .................................................................................................................................................... 9
State Aircraft ....................................................................................................................................... 9
Airspace............................................................................................................................................. 10
Kármán line ....................................................................................................................................... 10
Stratosphere ..................................................................................................................................... 10
Flight Information Region ................................................................................................................. 11
Upper Flight Information Region ...................................................................................................... 11
Territory ............................................................................................................................................ 12
Territorial waters .............................................................................................................................. 12
Innocent passage .............................................................................................................................. 13
United Nations Convention on the Law of the Sea........................................................................... 13
Historical background ....................................................................................................................... 14
The (First) United Nations Conference on Law of the Sea (UNCLOS I) ............................................. 14
The Second United Nations Conference on Law of the Sea (UNCLOS II) .......................................... 14
The Third United Nations Conference on Law of the Sea (UNCLOS III) ............................................ 14
Signature and ratification ................................................................................................................. 15
International waters ......................................................................................................................... 16
International waterways ................................................................................................................... 16
Waterbody-specific Agreements ...................................................................................................... 16
Marine Institutions ........................................................................................................................... 16
Outer space ....................................................................................................................................... 16
Earth's boundary ............................................................................................................................... 17
Fédération Aéronautique Internationale.......................................................................................... 17

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Space law .......................................................................................................................................... 17


International Treaties ....................................................................................................................... 17
History ............................................................................................................................................... 18
Multilateral treaties .......................................................................................................................... 18
External links ..................................................................................................................................... 18
Aegean dispute – a case study .............................................................................................................. 19
Maritime and aerial zones of influence ............................................................................................ 19
The territorial waters ........................................................................................................................ 20
The national airspace ........................................................................................................................ 20
The continental shelf ........................................................................................................................ 21
The Flight Information Regions ......................................................................................................... 22
The FIR demarcation ......................................................................................................................... 22
Military overflights ............................................................................................................................ 22
The islands ........................................................................................................................................ 23
Demilitarised status .......................................................................................................................... 23
Lemnos and Samothrace................................................................................................................... 24
The Dodecanese................................................................................................................................ 24
The remaining islands ....................................................................................................................... 24
Greek settlement programmes......................................................................................................... 24
Grey zones......................................................................................................................................... 25
Imia/Kardak ....................................................................................................................................... 25
Other Grey Zones .............................................................................................................................. 25
Strategies of conflict resolution ........................................................................................................ 26
Ueberlingen Air Disaster – a case study................................................................................................ 27
Important extract from ICAO Annex 11 Air Traffic Services ................................................................. 28
Extend Maritime Boundaries – article .............................................................................................. 29
Outer Space and Air Space - The Difficulties in Definition - article................................................... 30
Key ICAO Considerations....................................................................................................................... 35
Articles 28, 37 (C) and 54 (L) to the Convention on International Civil Aviation .............................. 35
Special use airspace .............................................................................................................................. 37
Danger area....................................................................................................................................... 37
Restricted area .................................................................................................................................. 37
Prohibited area ................................................................................................................................. 37
Special designated airspace .............................................................................................................. 37

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Status of aerodromes and airspace environs

Flight information zone


 ICAO Annex 1Personnel Licensing, 4.6 Note: [refers to Circular 211]
4.6 Aeronautical station operator license
Note.— This license is not intended for personnel providing Aerodrome Flight
Information Service. Guidance on the qualifications to be met by these personnel can
be found in Circular 211, Aerodrome Flight Information Service (AFIS).

 ICAO Circular 211 Aerodrome Flight Information Service (AFIS), 21. and 36 d):
AIRSPACE DESIGNATION
“21. …The airspace within which AFIS will be provided should be designated as a
flight information zone (FIZ) and its lateral and vertical limits specified. The
dimensions of the FIZ should coincide with those of the aerodrome traffic zone,
where established, or they should be increased to provide added safeguards.
PROMULGATION OF INFORMATION
36. d) lateral and vertical limits of the flight information zone (FIZ);”

Controlled aerodrome
 ICAO Annex 11 Air Traffic Services, Chapter 1 Definitions (SARPS)
Aerodrome control service. Air traffic control service for aerodrome traffic.

“Controlled aerodrome. An aerodrome at which air traffic control service is provided


to aerodrome traffic.
Note.— The term “controlled aerodrome” indicates that air traffic control service is
provided to aerodrome traffic but does not necessarily imply that a control zone
exists.”

 ICAO Annex 11 Air Traffic Services, Chapter 2 General


“2.5.2.3 Controlled aerodromes. Those aerodromes where it is determined that air
traffic control service will be provided to aerodrome traffic shall be designated as
controlled aerodromes.”

Aerodrome traffic zone


 ICAO Document 8400 PANS Abbreviations and Codes, ABBREVIATIONS Decode
ATZ Aerodrome traffic zone
CTR Control Zone

 ICAO Document 9426 Air Traffic Services Planning Manual


1.5.4 …Where only VFR traffic is controlled, the designation of a controlled
airspace is not necessary and also not generally desirable. However, if the
density of VFR traffic reaches proportions which would make the traffic pattern of
departing and arriving aircraft difficult because of ‘overflying aircraft, an aerodrome
traffic zone may be established to permit the control tower either to exercise
control over aircraft not intending to land at the aerodrome in question or to make
them avoid that zone.

1.5.5 It should be mentioned here that an aerodrome traffic zone may also be
established around uncontrolled aerodromes when the activities conducted at
those aerodromes (i.e. flying school, specific military activities) make it undesirable
for other aircraft, not engaged in these activities, to penetrate or otherwise disturb the
traffic pattern. In this case, the aerodrome traffic zone is primarily reserved for use
by aircraft participating in the activities having caused the zone to be established.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Control zone
 ICAO Document 9426 Air Traffic Services Planning Manual
“1.5.6 When further developments determine that it is necessary for an aerodrome
to also be available to traffic operating under IFR, it will be necessary to protect
such traffic by extending control to such traffic by imposing such restrictions on VFR
flights as are necessary to ensure the safety of both types of operations while
operating in the same general area. To accomplish this, sufficient controlled
airspace should be established to encompass the arrival, departure and, where
necessary, the holding flight paths of the IFR flights. To achieve this in the most
efficient manner, it will generally suffice to establish a comparatively small control
zone (which, by definition extends from the ground upwards) and to superimpose on
it a control area (which, again by definition, extends from a given lower limit above
the ground upwards) of a size sufficient to contain the flight paths of departing,
holding and arriving IFR flights….”

 ICAO Annex 11 Air Traffic Services, Chapter 2 General


2.9.5 Control zones
2.9.5.1 The lateral limits of control zones shall encompass at least those portions of
the airspace, which are not within control areas, containing the paths of IFR flights
arriving at and departing from aerodromes to be used under instrument
meteorological conditions.

 ICAO Document 9426 Air Traffic Services Planning Manual


“1.4 DIVISION OF ATS
1.4.2 The ATC service is sub-divided into three parts, depending on the stage of
flight to which it is applied. At and in the vicinity of aerodromes, ATC is normally
provided by the aerodrome control service, which operates from a control tower,
hence its abbreviation (TWR) aerodrome control tower. Approach control service
(APP) is also provided in the vicinity of aerodromes, but is a service which is mainly
concerned with flights operating on an instrument flight rules (IFR) flight plan and
in instrument meteorological conditions (IMC). Area control service (ACC) is that part
of the ATC service which is provided to controlled flights while they are en route and
is normally done from an ACC.”

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Sovereign territory and high seas; atmosphere, airspace and outer space –
with airspace management and national considerations

The territorial land mass of a state is complemented by territorial waters that extend 12
nautical miles out to sea, beyond which is the high seas, as determined by the United
Nations Convention on Law of the Sea.

Over sovereign territory and adjacent territorial waters (or territorial seas) is sovereign
airspace. A state has complete and exclusive sovereignty over the airspace above its
territory, as established by the United Nations Convention on International Civil Aviation
(the Chicago Convention, which established the International Civil Aviation Organization
[ICAO]).

Airspace is deemed to be the Earth’s atmosphere. An atmosphere constitutes the gases


surrounding a mass and these are attracted by gravity. The ICAO Secretariat considers that
the maximum altitude by which a machine can derive support from the atmosphere is 21
nautical miles.

However the (Von) Karman Line determined by the Fédération Aéronautique


Internationale is frequently used as the boundary between airspace and space. It lies 100
kilometres (62 nautical miles) above the Earth’s surface, and is the generally agreed lowest
altitude which objects can orbit the Earth – “the altitude where aerodynamic lift yields to
centrifugal force”.

Airspace is thus distinguished from outer space (i.e. space) – however there is no
universally agreed delineation of the actual vertical boundary.

A flight information region is a volume of airspace [i.e. not ‘outer space’] of defined
boundaries within which flight information and alerting service are provided by or on
behalf of a state – air traffic advisory and air traffic control service may also be provided.

States may not unilaterally declare flight information regions; boundaries must be
coordinated through ICAO, by international agreement. The lateral boundaries of such
airspace do not necessarily coincide with a state’s borders and may encompass vast areas
of the high seas, or in some instances, territorial land masses of (an)other state(s).

Without compromising a state’s sovereignty over its territory, such airspaces should be
determined solely by operational, technical and safety considerations – not political
ones. Sectors may be established within flight information region regions rather than
proliferating more flight information regions.

Flight information regions of defined dimensions are promulgated to distinguish


administrative responsibility for certain air navigation applications. Where a number of
perhaps small flight information regions that are grouped adjacent to each other would be
more efficiently administered by a single entity at upper airspace levels, then an upper
information region may be established above them; examples being the Brussels,
Hannover and Berlin Upper Information Regions controlled from Maastricht Upper Area
Control Centre (UAC) since 1972), and in planning is the European upper information region.
Over the high seas, oceanic flight information regions may also be established.

Most flight information regions (or upper information regions) presently have upper vertical
limits designated as “Unlimited”. However application of such upper airspace limits is not
practical and is thus not exercised in practice (for example, the Space Shuttle – in outer
space – does not get clearance from authorities in Timbuktu to overfly Mali on each orbit of
the Earth, or anyone from else for that matter).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Until recently, conventional airliners have not usually flown above 45,000 feet although they
are starting to do so – late model business jets can be found cruising above 50,000 feet and
the upper limit of upper control areas in Europe have been increased from FL460 to FL660,
and in North America to FL600 (Concorde while in service could fly at 55,000 feet and
military Blackbird spy planes could fly above 100,000 feet).

The advent of sub-orbital commercial air transportation however may stimulate further
developments; the first passenger flights (on Virgin Galactic) were due to take place in 2007
(although these would appear to have been delayed).
‘Space Traffic Management’ may thus perhaps be an interesting future exercise with
implications for vehicle re-entry integration into lower airspaces, air routes and traffic
patterns, and for conventional landings at designated space ports which must ideally be
situated in equatorial environs (which are not always heavily populated locations).

Signatories to the Chicago Convention (i.e. Contracting States) are obliged to provide in
their respective territory various aeronautical services and air navigation facilities (Article
28), in accordance with standards and recommended practices dealing with (Article 37)
rules of the air and air traffic control practices etc as adopted in Annexes to the
Convention (Article 54L).

A recent ruling by a German court determined that state responsibilities applied in relation to
the Ueberlingen air disaster (refer to the related article in this paper). The ruling concerned
air traffic control service provision and territorial issues; these were direct consequences of
aviation legislation aspects.

A state may not presume


to exercise sovereignty
over airspace over the high
seas and as such may not
close1 or restrict such
airspace, irrespective
whether for industrial,
meteorological, military or
other reasons.

Acknowledgement:
Much of the material in this paper was extracted from various Wikipedia internet entries.

1
In 2001, a United States Navy EP-3C Aries II (Orion) electronic surveillance aircraft – allegedly eavesdropping – claimed to be exercising
its right to fly over international waters some 70 NM from Hainan island when it was intercepted by Chinese People’s Liberation Air Force
F-8 (MiG-21) jets, one of which crashed after buzzing and apparently hitting the Aries or flying in its slipstream. The UN Law of the Sea
details a state’s territorial waters as the “12 mile limit” with a further 12 mile “contiguous zone” within which vessels or aircraft must not
conduct activity inconsistent with ‘innocent passage’. See UNCLOS III entry in this paper.

1n 1981, two US Navy F-14 Tomcats exercised their claimed right to fly over the high seas in the Gulf of Sidra in the Mediterranean Sea.
The Libyan government had arbitrarily demarcated a ‘line of death’ not to be crossed, claiming the Gulf as territorial waters. The F-14s were
intercepted by armed Libyan Su-22 Fitter fighters that were both shot down. A similar event occurred in 1989 when armed MiG-23 Flogger
fighters intercepted two more F-14s under similar circumstances with the same results.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

United Nations Convention on International Civil Aviation

The United Nations Convention on International Civil Aviation was signed at Chicago IL,
United States of America, 7th December 1944. This Convention established the International
Civil Aviation Organization, a United Nations agency. See articles 1, 2 and 3, in particular for
contextual relevance to parts of this paper.

Sovereign
Sovereign may refer to:
Sovereignty, a philosophical concept or state.

Sovereignty
Sovereignty is the exclusive right to exercise supreme political (e.g. legislative, judicial,
and/or executive) authority over a geographic region, group of people, or oneself.

In constitutional and international law, the concept of sovereignty also pertains to a


government possessing full control over its own affairs within a territorial or geographical
area or limit, and in certain context to various organs (such as courts of law) possessing
legal jurisdiction in their own chief, rather than by mandate or under supervision.
Determining whether a specific entity is sovereign is not an exact science, but often a matter
of diplomatic dispute…

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Territorial sovereignty
Following the Thirty Years' War, a European religious conflict that embroiled much of the
continent, the Peace of Westphalia in 1648 established the notion of territorial sovereignty as
a doctrine of non-interference in the affairs of other nations.
The 1789 French revolution shifted the possession of sovereignty from the sovereign ruler to
the nation and its people.

Sovereignty in international law


In international law, sovereignty is the legitimate exercise of power by a state. De jure
sovereignty is the legal right to do so; de facto sovereignty is the ability in fact to do so
(which becomes of special concern upon the failure of the usual expectation that de jure and
de facto sovereignty exist at the place and time of concern, and rest in the same
organization). Foreign governments recognize the sovereignty of a state over a territory, or
refuse to do so.

State
A state is a set of institutions that possess the authority to make the rules that govern the
people in one or more societies, having internal and external sovereignty over a definite
territory. Following Max Weber's influential definition, a state has a 'monopoly on legitimate
violence'. Hence the state includes such institutions as the armed forces, civil service or
state bureaucracy, courts, and police. For theorists of international relations, recognition of
the state's claim to independence by other states, enabling it to enter into international
engagements, is key to the establishment of its sovereignty.

In casual usage, the terms “country”, “nation”, and “state” are often used as if they were
synonymous; but in a more strict usage they are distinguished:
• country is the geographical area
• nation designates a people, however national and international both confusingly refer as
well to matters pertaining to what are strictly states, as in national capital, international law
• state refers to set of governing institutions with sovereignty over a definite territory.

State Aircraft
The eleventh session of the [Eurocontrol] Provisional Council, composed of civil and military
representatives, endorsed the principles used to identify State Aircraft for ATM purposes.
"The Civil-Military Interface Standing Committee (CMIC) identified the need to clarify what
would be considered as State Aircraft within the context of European Air Traffic
Management, particularly in relation to exemption policies and special procedures. In
formulating the principles, careful consideration was given not to interfere with the general
provisions of the Chicago Convention, article 3b, and to fully preserve the sovereignty of
every State to define what State Aircraft are within their national borders. The sole purpose
of the principles are to give clear guidance to the Air Navigation Service Providers on what
constitutes State Aircraft in the European ATM environment."

For ATM purposes and with reference to article 3(b) of the Chicago Convention, only aircraft
used in military, customs and police services shall qualify as State Aircraft. Accordingly:

 Aircraft on a military register, or identified as such within a civil register, shall be


considered to be used in military service and hence qualify as State Aircraft

 Civil registered aircraft used in military, customs and police service shall not
qualify as State Aircraft.

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Airspace
Airspace means the portion of the atmosphere controlled by a
particular country on top of its territory and territorial waters or,
more generally, any specific three-dimensional portion of the
atmosphere.
Airspace is divided into two basic types:
• Controlled airspace exists where it is deemed necessary that
air traffic control has some form of positive executive control
over aircraft flying in that airspace [in the EU, upper control area
now extends from 24,500 feet to 66,000 ft (some states might
still use 46,000 feet as the upper limit- others have adopted
60,000 feet]
• Uncontrolled airspace is airspace in which air traffic control
does not exert any executive authority, although it may act in an
advisory manner as an interim measure where designated.
Airspace may be further subdivided into a variety of areas and
zones, including zones where there are either restrictions on
flying activities or complete prohibition of flying activities.

Kármán line
The (Von) Kármán line is an internationally designated altitude
commonly used to define outer space. According to definitions
by the Fédération Aéronautique Internationale (FAI), the
Karman or Kármán line lies at a height of 100 km (about 62
miles) above Earth's surface (i.e. in technical terms 100 km
above mean sea level). It was named after Theodore von
Kármán. Around this altitude the Earth’s atmosphere becomes
negligible for aeronautic purposes, and there is an abrupt
increase in atmospheric temperature and interaction with solar
radiation.

Stratosphere
The stratosphere is a layer of Earth’s atmosphere that is
stratified in temperature, with warmer layers higher up and
cooler layers farther down. This is in contrast to the troposphere
near the Earth's surface, which is cooler higher up and warmer
farther down. The stratosphere is situated between about 10 km
and 50 km altitude above the surface at moderate latitudes,
while at the poles it starts at about 8 km altitude. The
stratosphere sits directly above the troposphere and directly
below the mesosphere.

Commercial airliners typically cruise at an altitude near 10 km


[~33,000 feet] in temperate latitudes, in the lower reaches of the
stratosphere. This is to avoid atmospheric turbulence from the
convection in the troposphere. Turbulence experienced in the
cruise phase of flight is often caused by convective overshoot
from the troposphere below.

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Flight Information Region


A Flight Information Region (FIR) is an aviation term used to describe airspace with
specific dimensions, in which a Flight Information Service and an Alerting service are
provided. It is the largest regular division of
airspace in use in the world today.

Any portion of the atmosphere belongs to some


specific FIR. Smaller countries' airspace is
encompassed by a single FIR, larger countries'
airspace is subdivided into a number of regional
FIRs. Oceanic airspace is divided into Oceanic
Flight Information Regions and delegated to a
controlling authority bordering that region. The
division among authorities is done by international
agreement through ICAO.

There is no standard size for FIRs; it is a matter for


administrative convenience of the country
concerned. In some cases there may exist a
horizontal division of the FIR, in which case the
lower portion remains named as such, whereas the airspace above is named Upper
Information Region, or UIR.

An information service and alerting service are the basic levels of Air Traffic service,
providing information pertinent to the safe and efficient conduct of flights and alerting the
relevant authorities should an aircraft be in distress. These are available to all aircraft
through an FIR. Higher levels of Air Traffic Advisory and Control services may be available
within certain portions of airspace within an FIR, according to the ICAO class of that portion
of airspace (with regard to national regulations), and the existence of a suitably equipped
authority to provide the services.

Upper Flight Information Region


“Where an upper flight information region (UIR) is established, which encompasses the
airspace of more than one FIR situated beneath it, the outer boundaries of the UIR should
be coincident with the peripheral boundaries of the lower FIRs it encompasses.” [ICAO Doc.
9426]

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Territory
A territory is a defined area (including land and
waters), usually considered to be a possession of an
animal, person, organization, or institution (from the
word ‘terra’ meaning ‘land’).
In politics, a territory is an area of land under the
jurisdiction of a governmental authority. Territory
can, though, include any geographical area under
the jurisdiction of a sovereign and does not have a
political division status. The remainder of this article
deals with political territories.

Territorial waters
Map of Sealand and the United Kingdom, with
territorial water claims of 3 NM and 12 NM shown.

Territorial waters, or a territorial sea, is a


belt of coastal waters extending twelve
nautical miles from the shore of a littoral state
that is regarded as the sovereign territory of
the state, except that foreign ships (both
military and civilian) are allowed innocent
passage through it.

A sovereign state has complete jurisdiction


over internal waters, where not even
innocent passage is allowed. Territorial
waters extend out 12 nautical miles (22 km)
from the mean low water mark adjacent to
land, or from internal waters, per the 1994
United Nations Convention on the Law of the
Sea.

The mean low water mark may be an


unlimited distance from permanently exposed
land provided that some portion of elevations
exposed at low tide but covered at high tide
(like mud flats) is within 12 nautical miles of
permanently exposed land. Completely
enclosed seas, lakes, and rivers are considered internal waters, as are waters landward of
lines connecting fringing islands along a coast or landward of lines across the mouths of
rivers that flow into the sea. Bays are defined as indentations between headlands having an
area greater than that of a semicircle. If they do not exceed 24 nautical miles between
headlands then they are internal waters; if their entrance is wider, then that portion landward
of a 24 nautical mile straight line that touches opposite low-water marks across the bay
positioned to contain the greatest water area are internal waters. All archipelagic waters
within the outermost islands of an archipelagic state like Indonesia or the Philippines are
also considered internal waters.

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Control over a contiguous zone an additional 12 nautical miles beyond its 12 nautical mile
territorial sea (totalling 24 miles from shore) is permitted by a coastal nation to “prevent
infringement of its customs, fiscal, immigration or sanitary laws and regulations”, which the
United States invoked on 24 September 1999. Thus a coastal nation has total control over
its internal waters, slightly less control over territorial waters, ostensibly even less control
over waters within the contiguous zone, and supposedly no control whatsoever over an
ocean beyond them (although it also has some rights concerning resources within its
exclusive economic zone).

Territorial waters claimed by one state are often disputed by another state. Territorial waters
have often been subject to arbitrary extension in order to encompass activities such as
offshore oil exploration, fishing rights (see Cod War) and to prevent pirate radio broadcasting
from artificial marine fixtures and anchored ships.

From the eighteenth century until the mid twentieth century, the territorial waters of the
British Empire, the United States, France and many other nations were three nautical miles
(6 km) wide. Originally, this was the length of a cannon shot, hence the portion of an ocean
that a sovereign state could defend from shore. However, Iceland claimed two nautical miles
(4 km), Norway claimed four nautical miles (7 km), and Spain claimed six nautical miles (11
km) during this period. During incidents such as nuclear weapons testing and fisheries
disputes some nations arbitrarily extended their maritime claims to as much as fifty or even
two hundred nautical miles! Since the late 20th century the “12 mile limit” has become almost
universally accepted. Britain extended her territorial waters from three to twelve nautical
miles in 1987.

Throughout this page, the numbers of nautical miles are exact legal definitions, whereas the
numbers of kilometres are only rough approximations which do not appear in any law or
treaty.

Innocent passage

Innocent passage is a concept in Admiralty law which allows for a vessel to pass through the
territorial waters of another state subject to certain restrictions. The United States
Department of Defense defines innocent passage as:
"The right of all ships to engage in continuous and expeditious surface passage through the
territorial sea and archipelagic waters of foreign coastal states in a manner not prejudicial to
its peace, good order, or security. Passage includes stopping and anchoring, but only if
incidental to ordinary navigation or necessary by force majeure or distress, or for the
purpose of rendering assistance to persons, ships, or aircraft in danger or distress."

United Nations Convention on the Law of the Sea


For maritime law in general see Admiralty law.
The term United Nations Convention on Law of the Sea (UNCLOS, also called simply the
Law of the Sea or LOS) refers to several United Nations events and one treaty. The events
the term refers to are the (First) United Nations Convention on Law of the Sea, the Second
United Nations Convention on Law of the Sea, and the Third United Nations Convention on
Law of the Sea. The treaty resulting from the Third United Nations Convention on Law of the
Sea also bears the name United Nations Convention on Law of the Sea and is the most
recent major development in international law governing the oceans. The treaty provided
new universal legal controls for the management of marine natural resources and the control
of pollution. Its Secretariat resides within the United Nations Division for Ocean Affairs and
the Law of the Sea.

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Historical background
The LOS was needed due to the weakness of the older ‘freedom of the seas’ concept, dating
from the 17th century: national rights were limited to a specified belt of water extending from
a nation's coastlines, usually three nautical miles (6 km), from the 'cannon shot' rule
developed by Cornelius Bynkershoek. All water beyond national boundaries was considered
international waters - free to all nations but belonging to none of them.
Into the 20th century many nations expressed a need to extend national claims: to include
mineral resources, to protect fish stocks and to have the means to enforce pollution controls.
This was recognized by the League of Nations and a conference was held in 1930 at The
Hague, but did not result in any agreements. One nation that undermined the ‘freedom of the
seas’ was the United States, when in 1945 President Truman unilaterally extended his
nation's control to cover all the natural resources of their continental shelf. Other nations
were quick to emulate the USA. Between 1946 and 1950, Argentina, Chile, Peru and
Ecuador all extended their sovereign rights to a 200 nautical mile (370 km) distance - so as
to cover their Humboldt Current fishing grounds.

Other nations extended their territorial seas to 12 nautical miles (22 km). By 1967 only 25
nations still used the old 3 nautical mile (6 km) limit, 66 nations had set a 12 nautical mile (22
km) territorial limit, and eight had set a 200 nautical mile (370 km) limit.

The (First) United Nations Conference on Law of the Sea (UNCLOS I)


In 1956, the United Nations held its first Conference on the Law of the Sea (“UNCLOS I”) at
Geneva, Switzerland. UNCLOS I resulted in four treaties concluded in 1958:
• Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September
1964
• Convention on the Continental Shelf, entry into force: 10 June 1964
• Convention on the High Seas, entry into force: 30 September 1962
• Convention on Fishing and Conservation of Living Resources of the High Seas, entry into
force: 20 March 1966

Although UNCLOS I was considered a success, it left open the important issue of breadth of
territorial waters.

The Second United Nations Conference on Law of the Sea (UNCLOS II)
The United Nations followed this in 1960 with its second Convention on the Law of the Sea
(“UNCLOS II”). UNCLOS II did not result in any international agreements.

The Third United Nations Conference on Law of the Sea (UNCLOS III)
The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo
and in 1973 the Third United Nations Conference on the Law of the Sea was convened in
New York to write a new treaty covering the oceans. The conference lasted until 1982 and
over 160 nations participated. The conference was conducted under a process of consensus
rather than majority vote in an attempt to reduce the possibility of groups of nation-states
dominating the negotiations. The convention came into force on November 14, 1994, one
year after the sixtieth state, Guyana, signed it.

The convention introduced a number of provisions. The most significant issues covered were
setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones
(EEZ), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection
of the marine environment, scientific research, and settlement of disputes.

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The convention set the limit of territorial waters to 12 nautical miles (22 km), in which area
the coastal state is free to set laws, regulate any use, and use any resource. Vessels were
given the right of "innocent passage" through any territorial waters, with strategic straits2
allowing the passage of military craft as "transit passage", in that naval vessels are allowed
to maintain postures that would be illegal in territorial waters.
Beyond the 12 nautical mile (22 km) limit there was a further 12 nautical mile (22 km) or 24
nautical miles (44 km) from the territorial sea baselines limit, the “contiguous zone”, in which
area a state could continue to enforce laws regarding activities such as smuggling or illegal
immigration.
The exclusive economic zones (EEZ) extended the exploitation rights of coastal nations to
200 nautical miles (370 km) from shore, covering all natural resources. The EEZ were
introduced to halt the increasingly heated clashes over fishing rights, although oil was also
becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947
was soon repeated elsewhere in the world, By 1970 it was technically feasible to operate in
waters 4000 metres deep.

The convention set the definition of Archipelagic States in Part IV, which also define how the
state can draw its territorial borders. A baseline is drawn between the outermost points of the
outermost islands. All waters inside this baseline is described as Archipelagic Waters and
are included as part of the state's territory. This baseline is also used to chart its territorial
waters 12 nautical miles (22 km) from the baseline and EEZ 200 nautical miles (370 km)
from the baseline.

Aside from its provisions defining ocean boundaries, the convention establishes general
obligations for safeguarding the marine environment and protecting freedom of scientific
research on the high seas, and also creates an innovative legal regime for controlling
mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an
International Seabed Authority.

Landlocked states are given a right of access to and from the sea, without taxation of traffic
through transit states.

Signature and ratification

ratified signed but not yet ratified

2
For example, allied warships routinely transit the Straits of Malacca and the Taiwan Strait, exercising their rights to do so for naval
purposes.

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International waters
The terms international waters or transboundary waters apply where any of the following
types of bodies of water (or their drainage basins) transcend international boundaries:
oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries,
rivers, lakes, groundwater systems (aquifers), and wetlands.

Oceans and seas, waters outside of national jurisdiction are also referred to as the High
Seas or Mare liberum.
Ships sailing the high seas are generally under flag state jurisdiction. In the case of piracy or
slave trade, any nation can exercise jurisdiction.

International waterways
Several international treaties have established freedom of navigation on semi-enclosed
seas.
• The Copenhagen Convention of 1857 opened access to the Baltic by abolishing the Sound
Dues and making the Danish Straits an international waterway free to all military and
commercial shipping.
• Several conventions have opened the Bosporus and Dardanelles to shipping. The latest,
the Montreux Convention Regarding the Regime of the Turkish Straits maintains the straits’
status as an international waterway.

Waterbody-specific Agreements
• Baltic Sea (Helsinki Convention on the Protection of the Marine Environment of the Baltic
Sea Area, 1992)
• Black Sea (Bucharest Convention,1992), see also the Black Sea Commission;
• Caspian Sea (Framework Convention for the Protection of the Marine Environment of the
Caspian Sea, 2003)
• Lake Tanganyika (Convention for the Sustainable Management of Lake Tanganyika, 2003)

Marine Institutions
• The International Maritime Organization (IMO)
• The UNEP Regional Seas Programme
• The UNESCO Intergovernmental Oceanographic Commission (IOC)
• The International Ocean Institute (IOI)
• The World Conservation Union Global Marine Program (GMP)
See also:
• Hugo Grotius
• Freedom of the seas

Outer space
Outer space, also simply called space, refers to the relatively empty regions of the universe
outside the atmospheres of celestial bodies. Outer space is used to distinguish it from
airspace (and terrestrial locations). Contrary to popular understanding, outer space is not
completely empty but contains a low density of particles, predominantly hydrogen gas as
well as electromagnetic radiation.

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Earth's boundary
There is no discrete boundary between the Earth's atmosphere and space as the
atmosphere gradually attenuates with increasing altitude.

If the atmosphere had a constant temperature, its pressure would decrease exponentially
from a sea-level value of 100 kPa (1 bar) toward its final value of zero.

The Federation Aeronautique Internationale has established the Kármán line at an altitude of
100 km (62 miles) as a working definition for the boundary between atmosphere and space.

The United States designates people who travel above an altitude of 50 miles (80 km) as
astronauts. During re-entry, 400,000 feet (75 miles or 120 km) marks the boundary where
atmospheric drag becomes noticeable.

Fédération Aéronautique Internationale


The Fédération Aéronautique Internationale (FAI) is a standard setting and record-
keeping body for aeronautics and astronautics.

Space law
Space law is an area of the law that encompasses national and international law governing
activities in outer space. International lawyers have been unable to agree on a uniform
definition of the term "outer space," although most lawyers agree that outer space generally
begins at the lowest altitude above sea level at which objects can orbit the Earth,
(approximately 100 km). The inception of the field of space law began with the launching in
October of 1957 of the world's first satellite, the Union of Soviet Socialist Republic’s Sputnik.
In 1958, U.S. President Dwight D. Eisenhower and Soviet Premier Nikita Khrushchev each
asked the United Nations to consider the legal issues associated with space activity. The
U.N. subsequently created the Committee on the Peaceful Uses of Outer Space (COPUOS).
COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee
and the Legal Subcommittee. The COPUOS Legal Subcommittee has been the primary
forum for discussion and negotiation of international agreements relating to outer space.

International Treaties
Five international treaties have been negotiated and drafted in the COPUOS: the 1967
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer
Space, Including the Moon and Other Celestial Bodies (the “Outer Space Treaty”), the 1968
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects
Launched into Outer Space (the “Rescue Agreement”), the 1973 Convention on International
Liability for Damage Caused by Space Objects (the “Liability Convention”), the 1976
Convention on Registration of Objects Launched Into Outer Space (the "Registration
Convention"), and the 1979 Agreement Governing the Activities of States on the Moon and
Other Celestial Bodies (the “Moon Treaty”). The Outer Space Treaty is the most widely-
adopted treaty, with 98 parties. The Rescue Agreement, the Liability Convention and the
Registration Convention all elaborate on provisions of the Outer Space Treaty. U.N.
delegates apparently intended that the Moon Treaty serve as a new comprehensive treaty
which would supersede or supplement the Outer Space Treaty, most notably by elaborating
upon the Outer Space Treaty’s provisions regarding resource appropriation and prohibition
of territorial sovereignty. The Moon Treaty has only 12 parties, and many consider it to be a
failed treaty due to its limited acceptance.

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History
U.S. President Dwight D. Eisenhower introduced the concept in 1957, in connection with
disarmament talks, and the launch of the first Russian space satellite.

Multilateral treaties
• The nuclear test ban treaty of 1963 banned the test of nuclear weapons in outer space.
• The Outer Space Treaty of 1967 (full name: The Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies) governs the activities of states in space exploration.
• The rescue agreement of 1968 (The Agreement on the rescue of astronauts, the return of
astronauts and the return of objects launched into space).
• The liability convention of 1972 (the Convention on international liability for damages
caused by space objects) deals with damages caused by space objects.
• The registration convention of 1976 (the Convention on the registration of objects launched
into outer space) covers the registration of objects launched in outer space.
• The Moon Treaty of 1984 (the Agreement governing the activities of states on the Moon
and other celestial bodies) deals with the activities of states on the moon and other bodies.
The years of the different conventions and agreements indicate when they have entered into
force.

External links
• Space Law Probe
• International Space Law

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Aegean dispute – a case study

The term Aegean dispute refers to a set of interrelated controversial issues between
Greece and Turkey over sovereignty and related rights in the area of the Aegean Sea. This
set of conflicts has had a large effect on the relations between the two countries since the
1970s. This lead twice to crises coming close to the outbreak of military hostilities, in 1987
and in early 1996. The issues in the Aegean fall into several categories:
• The delimitation of the territorial waters
• The delimitation of the national airspace
• The delimitation of exclusive economic zones and the use of the continental shelf
• The delimitation of Flight Information Regions (FIR), and their significance for the control of
military flight activity
• The issue of the demilitarized status assigned to some of the Greek islands in the area
• The introduction by Ankara of the concept of “grey zones”, in describing its policy to dispute
the status of an undetermined number of islands and islets, with the small grazing islets of
Imia/Kardak being the best-known example.

Since 1998, the two countries have been coming closer to overcome the tensions through a
series of diplomatic measures, particularly with a view to easing Turkey's accession to the
European Union. However, as of 2006, differences over suitable diplomatic paths to a
substantial solution are still unresolved.

Maritime and aerial zones of influence


Several of the Aegean issues deal with the
delimitation of both countries' zones of influence in
the air and on the sea around their respective
territories. These issues owe their virulence to a
geographical peculiarity of the Aegean sea and its
territories. While the mainland coasts of Greece
and Turkey border the Aegean Sea on both sides
and represent roughly equal shares of its total
coastline, the overwhelming number of the many
islands in the Aegean belong to Greece. In
particular, there is a chain of Greek islands lined
up along the Turkish west coast (Thasos,
Samothrace, Lesbos, Chios, Samos, and the Dodecanese islands), partly in very in close
proximity to the mainland. Turkey claims that they cut off large parts of it from the open sea,
and sees it as blocking it from extending any of its zones of influence beyond a few miles off
its coastline. The breadth of maritime and areal zones of influence, such as the territorial
waters and national airspace, are traditionally measured from the nearest territory of the
state in question, including its islands. This means that the division of these zones in the
Aegean are claimed to favour Greece. Turkey also claims that any possible extension of
such zones is bound to benefit Greece much more than Turkey proportionally.

According to a popular perception of these issues in the two countries, Turkey is concerned
that Greece might be trying to extend its zones of influence to such a degree that it would
turn the Aegean effectively into a "Greek lake". Conversely, Greece is concerned that Turkey
might try to "occupy half of the Aegean", i.e. establish Turkish zones of influence towards the
middle of the Aegean, beyond the chain of outlying Greek islands, turning these into a kind
of exclave surrounded by Turkish waters, and thus cutting them off from their motherland.

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The territorial waters


By international convention [Art.3, 1982 U.N. Convention on the Law of the Sea,
implemented in 1994], countries with a sea coastline are entitled to extend their territorial
waters to 12 nautical miles (22.224 km). Turkey has taken advantage of this law and has
done so on its Black Sea, Sea of Marmara and Mediterranean costs. Turkey doesn't
recognize any extensions of Greek territorial waters beyond 6 miles (11 km) on any of its
coasts (Aegean, Mediterranean and Ionian). Territorial waters give the littoral state control
over some aspects of shipping, although foreign vessels (both civil and military) are normally
guaranteed innocent passage through them. The other countries have extended their
territorial waters to 12 nautical miles (22 km). Greece, which is a party to this Convention,
has stated that it reserves the right to apply this rule and extend its waters to 12 miles at
some point in the future, although it has never actually attempted to do so. This has fuelled
Turkish concerns over a possible disproportionate increase in Greek-controlled space.
Turkey acknowledges its own 12 miles but has refused to sign the Convention, and therefore
considers it as res inter alios acta, i.e. a treaty that can only be binding to the signing parties
but not to others. Greece, on the other hand, holds that the 12-mile rule is not only treaty law
but also customary law at the same time, as per the wide consensus established among the
international community. Against this, Turkey is in the position of a consistent objector,
having consistently upheld that the special geographical properties of the Aegean Sea make
a strict application of the 12-mile rule in this case illicit in the interest of equity. From the
perspective of international law, it is therefore doubtful whether Turkey can be considered
under a legal obligation to accept a unilateral expansion to 12 miles by Greece.

Tensions over the 12-mile (22.2 km) question ran highest between the two countries in the
early 1990s, when the Law of the Sea was going to come into force. On 9 June 1995, the
Turkish parliament officially declared that unilateral action by Greece would constitute a
casus belli, i.e. reason to go to war, by Turkey. This declaration has been condemned by
Greece as a violation of the Charter of the United Nations, which forbids "the threat or use of
force against the territorial integrity or political independence of any state".

The national airspace


The national airspace is normally defined as the airspace covering a state’s land territory
and its adjacent territorial waters. National airspace gives the sovereign state a large degree
of control over foreign air traffic. While civil aviation is normally allowed passage under
international treaties, foreign military and other state aircraft (unlike military vessels in the
territorial waters) do not have a right to free passage through another state's national
airspace.

The delimitation of national airspace claimed by Greece is exceptional, as it does not


coincide with the boundary of the territorial waters. Greece claims 10 miles (18.5 km) of
airspace, as opposed to currently (without the Law of the Sea been active) 6 miles (11.1 km)
of water. Since 1974, Turkey has refused to acknowledge the validity of those outer 4 miles
(7.4 km) of airspace that extend beyond the Greek territorial waters. Turkey cites the
statutes of the International Civil Aviation Organization (ICAO) of 1948, as containing a
binding definition that both zones must coincide. Against this, Greece argues (1) that its 10-
mile claim predates the ICAO statute, having been fixed in 1931, and that it was
acknowledged by all its neighbours, including Turkey, before and after 1948, hence
constituting an established right; (2) that its 10-mile claim can also be interpreted as just a
partial, selective use of the much wider rights guaranteed by the Law of the Sea, namely the
right to a 12-mile (22.2 km) zone both in the air and on the water, and (3) that Greek
territorial waters are only set at the 6 mile boundary because of Turkey’s casus belli (see
above).

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The conflicting views about air space have been one of the most frequent and long-standing
sources of military irritation between the two countries, as they give rise to regular incidents
between fighter jets of the two countries. Turkish air force jets routinely and demonstratively
fly in the outer 4-mile zone of contested airspace, while Greek air force jets routinely
intercept them and try to force them to leave. This leads to dangerous so-called “virtual
dogfights”, sometimes involving armed aircraft. During these activities a number of accidents
(mid-air collisions, aircraft crashes) and shoot-downs of Turkish jets have occurred.

The continental shelf


In the context of the Aegean dispute, the term continental shelf refers to a littoral state's
exclusive right to economic exploitation of resources on and under the sea-bed, for instance
oil drilling, in an area adjacent to its territorial waters and extending into the High Seas. The
width of the continental shelf is commonly defined for purposes of international law as not
exceeding 200 nautical miles (370.4 km). Where the territories of two states lie closer
opposite each other than double that distance, the division is made by the median line. The
concept of the continental shelf is closely connected to that of an exclusive economic zone,
which refers to a littoral state's control over fishery and similar rights. Both concepts were
developed in international law from the middle of the 20th century, and were codified in the
United Nations Convention on the Law of the Sea in 1982.

The dispute between Turkey and Greece is to what degree the Greek islands off the Turkish
coast should be taken into account for determining the Greek and Turkish economic zones.
Turkey argues that the notion of "continental shelf", by its very definition, implies that
distances should be measured from the continental mainland, claiming that the sea-bed of
the Aegean geographically forms a natural prolongation of the Anatolian land mass. This
would mean for Turkey to be entitled to economic zones up to the median line of the Aegean
(leaving out, of course, the territorial waters around the Greek islands in its eastern half,
which would remain as Greek exclaves.) Greece, on the other hand, claims that all islands
must be taken into account on an equal basis. This would mean that Greece would gain the
economic rights to almost the whole of the Aegean.

In this matter, Greece has the UN Law of the Sea on its side, although the Convention
restricts the application of this rule to islands of a notable size, as opposed to small
uninhabitable islets and rocks. However, since Turkey has refused to join that convention,
Greece has no legal instrument to enforce its claim. For this reason, this is the only one of all
the Aegean issues where Greece has officially acknowledged that Turkey has legitimate
interests that might require some international process of arbitration or compromise between
the two sides.

Tensions over the continental shelf were particularly high during the mid-1970s and again
the late 1980s, when it was believed that the Aegean Sea might hold rich oil reserves.
Turkey at that time conducted exploratory oceanographic research missons in parts of the
disputed area. These were perceived as a dangerous provocation by Greece, which led to a
buildup of mutual military threats in 1976 and again in 1987. The issue has since lost some
of its importance, as it is now believed that the oil expectations of the time were
exaggerated.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

The Flight Information Regions


Unlike the issues described so far, the question of Flight Information Regions (FIR) does not
affect the two states' sovereignty rights in the narrow sense. A FIR is a mere zone of
responsibility assigned to a state within the framework of the International Civil Aviation
Organization (ICAO). It relates to the responsibility for regulating civil aviation. A FIR may
stretch beyond the national airspace of a country, i.e. over areas of high seas, or in some
cases even over the airspace of another country. It does not give the responsible state the
right to prohibit flights by foreign aircraft; however, foreign aircraft are obliged to submit flight
plans to the authorities administrating the FIR. This has been perceived by both Greece and
Turkey as giving the state administering the FIR a certain tactical advantage with respect to
military movement in that zone. Two separate disputes have arisen: the issue of a
unilaterally proposed revision of the FIR demarcation, and the question of what rights and
obligations arise from the FIR with respect to military as opposed to civil flights.

The FIR demarcation


By virtue of an agreement signed in 1952, the whole airspace over the Aegean, up to the
boundary of the national airspace of Turkey, is assigned to Athens FIR, administered by
Greece. Shortly after the Cyprus crisis of 1974, Turkey unilaterally attempted to change this
arrangement, issuing a Notice to Airmen (NOTAM) stating that it would take over the
administration of the eastern half of the Aegean airspace, including the national airspace of
the Greek islands in that area. Greece responded with a declaration rejecting this move, and
declaring the disputed zone unsafe for aviation due to the conflicting claims to authority. This
led to some disruption in civil aviation in the area. Turkey later changed its stance, and has
since 1980 returned to recognizing Athens FIR in its original demarcation. In practice, the
FIR demarcation is currently no longer a disputed issue.

Military overflights
The current (as of 2006) controversy over the FIR relates to the question whether the Greek
authorities have a right to oversee not only civil but also military flight activities in the
international parts of the Aegean airspace. According to common international practice,
military aircraft normally submit flight plans to FIR authorities when moving in international
airspace, just like civil aircraft. Turkey, concerned that Greece might misuse its civil
regulation authority in order to gain a tactical military advantage, refuses to do so. Turkey
cites the charter of the ICAO from 1948, which explicitly restricts the scope of its regulations
to civil aircraft, arguing that therefore the practice of including military aircraft in the same
system is strictly optional. Greece, in contrast, argues that it is obligatory, on the basis of
later regulations of the ICAO in the interest of civil aviation safety.
This disagreement has led to similar practical consequences as the issue of 6 vs. 10 miles of
national airspace, as Greece considers all Turkish military flights not registered with its FIR
authorities as transgressions of international air traffic regulations, and routinely has its own
air force jets intercepting the Turkish ones, claiming that this is in the interest of aviation
safety. In popular perception in Greece, the issue of allegedly illegal Turkish flights in the
international part of Athens FIR is often confused with that of the Turkish intrusions in the
disputed outer 4-mile (7.4 km) belt of Greek airspace. However, in careful official usage,
Greek authorities and media distinguish between “violations” ("παραβιάσεις") of the national
airspace, and “transgressions” ("παραβάσεις") of traffic regulations, i.e. of the FIR.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

One of the routine interception manoeuvres led to a fatal accident on May 23rd 2006. Two
Turkish F-16s and one reconnaissance F-4 were flying in the international airspace over the
southern Aegean at 27,000 feet without having submitted flight plans to the Greek FIR
authorities. They were intercepted by two Greek F-16s off the coast of the Greek island
Karpathos. During the ensuing mock dog fight, a Turkish F-16 and a Greek F-16 crashed
midair. The pilot of the Turkish plane survived the crash, but the Greek pilot died. The
incident also highlighted another aspect of the FIR issue, a dispute over conflicting claims to
responsibility for maritime search and rescue operations. The Turkish pilot reportedly
refused to be rescued by the Greek forces that had been dispatched to the area; some
journalists also claim that he even threatened the rescuers with his personal handgun
(although this claim is disputed by the Turkish authorities who remark that Turkish pilots do
not carry handguns during flights). He was later rescued by a Panama registered civilian
vessel. Although initially the event caused some excitement both in Turkey and Greece,
calm responses from the militaries and governments of both sides prevented a crisis. Both
sides expressed their wish to quickly realize an earlier plan of establishing a direct hotline
between the air force commands of both countries in order to prevent escalation of similar
situations in the future.

The islands
While all the issues described so far are related to zones of influence at sea or in the air,
there have also been a number of disputes related to the territories of the Greek islands
themselves. These have related to the demilitarized status of some of the main islands in the
area; to Turkish concerns over alleged endeavours by Greece to artificially expanding
settlements to previously uninhabited islets; and to the existence of alleged “grey zones”, an
undetermined number of small islands of undetermined sovereignty.

Demilitarised status
Several of the Greek islands in the eastern Aegean have at various times during the 20th
century been placed under a status of demilitarization. This was done, after the decades-
long period of wars between Greece and Turkey which culminated in the Greco-Turkish War
(1919-1922), in order to ease possible Turkish fears of further Greek expansionism. After the
Cyprus crisis of 1974, Greece proceeded to break the demilitarized status of these islands,
at first secretly but later openly too, claiming an inalienable right to defend itself against
Turkish aggression. Turkey, on the other hand, denounces this as an aggressive act by
Greece and as a breach of international treaties. From a legal perspective, three groups of
islands may be distinguished: (a) the islands right off the Turkish Dardanelles straits, i.e.
Lemnos and Samothrace; (b) the Dodecanese islands in the southeast Aegean; and (c) the
remaining northeast Aegean islands (Lesbos, Chios, Samos, and Ikaria).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Lemnos and Samothrace


These islands were placed under a demilitarization statute by the Treaty of Lausanne in
1923, to counterbalance the simultaneous demilitarization of the Turkish straits area (the
Dardanelles and Bosphorus). The demilitarization on the Turkish side was later abolished
through the Montreux Convention Regarding the Regime of the Turkish Straits in 1936.
Greece holds that, by superceding the relevant sections of the earlier treaty, the convention
simultaneously lifted also the Greek obligations with respect to these islands. Against this,
Turkey argues that the Montreux treaty did not mention the islands and has not changed
their status. Greece, however, cites Turkish official declarations to that effect made in 1936,
assuring the Greek side that Turkey would consider the Greek obligations lifted.

The Dodecanese
These islands were placed under a demilitarization statute after the Second World War by
the Treaty of peace with Italy (1947), when Italy ceded them to Greece. Italy had previously
not been under any obligation towards Turkey in this respect. Turkey, in turn, was not a party
to the 1947 treaty, having been neutral during WWII. Greece therefore holds that the
obligations it incurred towards Italy and the other parties in 1947 are res inter alios acta for
Turkey, and that Turkey thus cannot base any claims of its own on them. Turkey argues that
the demilitarization agreement constitutes a so-called status treaty (an objective régime),
where according to general rules of treaty law such an exclusion does not hold.

The remaining islands


The remaining islands (Lesbos, Chios, Samos, and Ikaria) were placed under a partial
demilitarization statute by the Treaty of Lausanne in 1923. With respect to these islands,
Greece has no legal grounds for claiming that the demilitarized status has been formally
superseded. However, in recent years it has argued that it is entitled to discount its former
obligations on the grounds that, after the Turkish occupation of Cyprus and various other
acts perceived as aggressive by Greece, re-armament is an act of legitimate self-defence.

Greek settlement programmes


In mid-1995, the Greek government launched an initiative to provide economic incentives to
private individals to settle permanently on some of the small, mostly uninhabited peripheral
islets in the area Turkish media and some government officials reacted with suspicion, citing
as a reason for concern that Greece might use this to prejudice a future arrangement
regarding the continental shelf issue in its favour. This would be because the UN Law of the
Sea distinguishes between islands that can sustain human habitation and those that cannot.
Turkey at that point did not question Greek sovereignty over these islets as such; however, it
insisted that it would not accept an artificially changed status quo as a basis for later
negotiations. Greece claimed that the motives behind this programme were simply to boost
regional infrastructure and economic development in its outlying rural areas, which were
suffering severely from de-populisation. This issue soon lost much of its relevance, as from
1996 onwards it became overshadowed and absorbed by the much more serious issue of
the so-called “grey zones”, where the sovereignty of the islands itself was being called into
question by Turkey.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
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Grey zones

Imia/Kardak
The first time a dispute between the two countries in the Aegean touched on questions of
actual sovereignty over territories was in early 1996, on the occasion of a naval havary at the
tiny barren islets of Imia/Kardak, situated between the Dodecanese island chain and the
Turkish mainland. The conflict was originally caused by factual inconsistencies between
maps of the area, some of which assigned these islets to Greece, others to Turkey. The
media of the two countries took up the issue and gave it a nationalistic turn, before the two
governments even had the time to come to a full technical understanding of the true legal
and geographical situation. Both governments were then forced prematurely to adopt an
intransigent stance, publicly asserting their own claims of sovereignty over the islets, in order
to save face. The result was military escalation, which was perceived abroad as quite out of
proportion with the size and significance of the rocks in question. The two countries were at
the brink of war for a few days, until the crisis was defused with the help of foreign
mediation.
During the crisis and in the months following it, both governments were busy elaborating
legal arguments for why each considered the islets their own. The arguments exchanged
concerned the interpretation of the Treaty of Lausanne of 1923, which forms the principal
basis for the legal status of territories in most of the region, as well as certain later diplomatic
dealings between Turkey, Greece and Italy.

Other Grey Zones


During this process, another question arose: the same legal reasons Turkey was bringing
forward with respect to Imia/Kardak could be seen to apply not only to this one case, but to a
possibly large number of other small formations across the Aegean too. Most of them, unlike
Imia/Kardak, had undeniably been in factual Greek possession, which had never been
challenged by Turkey, and several of them were inhabited.

Since then, Turkish authorities have spoken of “grey zones” of undetermined sovereignty,
i.e. of islets whose possession has never been validly transferred away from Turkey.
However, Turkey has not attempted to factually seize possession of any of them. In fact, the
Turkish government has avoided stating exactly which islets it wishes to include in this
category. At various occasions, Turkish sources have indicated that islands such as
Pserimos, Agathonisi, Fournoi and Gavdos (situated south of Crete) might be included. A
recent publication by Turkish scholars lists the following (among other, even smaller ones):
• Kalogeroi,
• Antipsara (west of the islands of Psara and Khios),
• Pontiko (between Samos and the Turkish coast),
• Fournoi,
• Arkoi,
• Agathonisi (Gaidaros),
• Pharmakonisi,
• Kalolimnos (near Imia/Kardak),
• Pserimos,
• Gyali (between Kos and Nisiros),
• Kandheliousa (south of Kos),
• Sirina (SE of Astipalia)

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
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The issue of “grey zones” has added yet another source for occasional military irritation, in
addition to the 10-mile (18.5 km) airspace and the FIR. According to some reports, the
Turkish airforce has adopted a policy of ignoring Greek claims to all air-space and territorial
waters around such formations that it counts as “grey zones”. This has occasioned Greek
accusations that Turkish fighter planes are violating not only the outer zones of maritime
airspace, but even the airspace directly over Greek islands themselves.

These disputes are largely limited to the internal politics and academics of Turkey, and are
not typically an issue in Greece itself nor in the international community—these islands are
all internationally recognized as part of Greece.

Strategies of conflict resolution


The decades since the 1970s have seen a repeated hightening and abating of political and
military tensions over the Aegean. Thus, the “Sismik I” crisis of 1987 was followed by a
series of negotiations and agreements in Davos and Brussels in 1988. Again, after the
Imia/Kardak crisis of 1996, there came an agreement over peaceful neighbourly relations
reached at a meeting in Madrid in 1997. The period since about 1999 has been marked by a
steady improvement of bilateral relations.

For years, the Aegean dispute has been a matter not only about conflicting claims of
substance. Rather, proposed strategies of how to resolve the substantial differences have
themselves constituted a matter of heated dispute. Whereas Turkey has traditionally
preferred to regard the whole set of topics as a political issue, requiring political negotiation,
Greece has insisted to treat them as strictly separate and purely legal issues, requiring only
the application of existing principles of international law. Turkish advances towards direct
negotiation, with a view to establishing what it would regard as an equitable compromise,
have been vehemently rejected by Greece. Greece refuses to accept any process that would
put it under pressure to engage in a give-and-take over what it perceives as inalienable and
unnegotiable sovereign rights. Up to the late 1990s, the only avenue of conflict resolution
that Greece deemed acceptable was to submit the issues separately to the International
Court of Justice in The Hague.

The resulting tactical stalemate between both sides was partially changed after 1999, when
the European summit of Helsinki opened up a path towards Turkey’s accession to the EU. In
the summit agreement, Turkey accepted an obligation to solve its bilateral disputes with
Greece before actual accession talks would start. This was perceived as giving Greece a
new tactical advantage over Turkey in determining which paths of conflict resolution to
choose. During the following years, both countries held regular bilateral talks on the level of
technical specialists, trying to determine possible future procedures. According to press
reports, both sides seemed close to an agreement about how to submit the dispute to the
court at The Hague, a step which would have fulfilled many of the old demands of Greece.
However, a newly elected Greek government under Kostas Karamanlis, soon after it took
office in March 2004, opted out of this plan, because Ankara was insisting that all the issues,
including Imia/Kardak and the “grey zones”, belonged to a single negotiating item. Athens
saw them as separate. However, Greek policy remained at the forefront in advocating closer
links between Ankara and the EU. This resulted in the European Union finally opening
accession talks with Turkey without its previous demands having been fulfilled.

As at2006, while military tensions around the dispute has abated, it remains unresolved.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Ueberlingen Air Disaster – a case study

Germany Liable For Russian Plane Crash


July 27, 2006
A German court ruled on Thursday that Germany wrongly subcontracted its airspace
control to a private firm and was liable for a 2002 crash between a Russian passenger
jet and a cargo plane that killed 71 people.
The ruling came in a lawsuit filed by Bashkirian Airlines over the mid-air collision involving a
Bashkirian plane and a DHL cargo aircraft over the German village of Ueberlingen close to
the Swiss border.
The court said Germany breached its constitution by subcontracting airspace control to
private Swiss firm Skyguide and Germany was responsible for compensation for the crash.
“The sovereign task of securing air space has never been effectively transferred to
Switzerland”, the court said in its ruling.
“This means Germany cannot say that it should be Skyguide’s liability”, the court added on
its web site. Germany’s Transport Ministry declined to comment immediately on the possible
implications of the ruling on air traffic control procedures.
On July 1, 2002, Skyguide was operating with a single air traffic controller who told the pilot
of the Russian Tupolev plane to descend to avoid a collision, even though early-warning
instruments aboard the plane had told the pilots to climb.
The DHL Boeing 757’s automatic anti-collision system also instructed its pilots to descend to
the same level.
The plane's tail fin sliced open the Russian passenger jet and both aircraft disappeared from
radar screens 15 seconds later. Sixty-nine people on the Russian jet, most of them children,
as well as two pilots on the German plane were killed.
Skyguide operated with “severe organizational deficiencies” while controlling air space over
much of southern Germany, the court said. “This would have led eventually to the overload
of the only air traffic controller working at the time and ultimately would have caused the
collision between the planes”, the court said. It added that it had not yet decided on the
amount of compensation to be paid to Bashkirian Airlines for the crashed plane which was
flying from Moscow to Barcelona.
(Reuters)

Article 28 of the Chicago Convention on International Civil Aviation is a reason why


contracting states must have suitable enabling legislation in place (and why aviation lawyers
must be involved in such a process from the start). If enabling air legislation is vague, not
applied or not enacted, then subordinate Rules may be of little relevance.

“In a commentary piece, FTD writes that the ATC was a sovereign task where the
government could not only cede this task to a foreign operator by a single agreement.
However, this was exactly what the government had done, instead of making a
contract under constitutional law with Switzerland regarding the ATC.

The judgement of the District Court was comprehensible since Germany was a country
where every single bagatelle was assured. The paper reports that this was not the definitive
off for the DFS privatization, contrary to overhasty conclusions of some opponents. The
Court found the Skyguide operation illegal; however, this was not comparable with the
privatization model since the government kept hold on blocking minority and special rights.
After all, the Constitutional Court would decide whether the government may cede this
sovereign task to a private company. In the sense of the project, it was not doubted whether
a privatized ATC could provide the same security as a governmental office.”

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Important extract from ICAO Annex 11 Air Traffic Services

CHAPTER 2. GENERAL

2.1 Establishment of authority

2.1.1 Contracting States shall determine, in accordance with the provisions of this Annex
and for the territories over which they have jurisdiction, those portions of the airspace and
those aerodromes where air traffic services will be provided.
They shall thereafter arrange for such services to be established and provided in accordance
with the provisions of this Annex, except that, by mutual agreement, a State may delegate to
another State the responsibility for establishing and providing air traffic services in flight
information regions, control areas or control zones extending over the territories of the
former.
Note.- If one State delegates to another State the responsibility for the provision of air traffic
services over its territory, it does so without derogation of its national sovereignty.
Similarly, the providing State's responsibility is limited to technical and operational
considerations and does not extend beyond those pertaining to the safety and expedition of
aircraft using the concerned airspace. Furthermore, the providing State in providing air
traffic services within the territory of the delegating State will do so in accordance with the
requirements of the latter which is expected to establish such facilities and services for the
use of the providing State as are jointly agreed to be necessary. It is further expected that
the delegating State would not withdraw or modify such facilities and services without prior
consultation with the providing State. Both the delegating and providing States may
terminate the agreement between them at any time.

2.1.2 Those portions of the airspace over the high seas or in airspace of undetermined
sovereignty where air traffic services will be provided shall be determined on the basis of
regional air navigation agreements. A Contracting State having accepted the responsibility
to provide air traffic services in such portions of airspace shall thereafter arrange for the
services to be established and provided in accordance with the provisions of this Annex.
Note 1.- The phrase “regional air navigation agreements” refers to the agreements approved
by the Council of ICAO normally on the advice of Regional Air Navigation Meetings.
Note 2.- The Council, when approving the Foreword to this Annex, indicated that a
Contracting State accepting the responsibility for providing air traffic services over the high
seas or in airspace of undetermined sovereignty may apply the Standards and
Recommended Practices in a manner consistent with that adopted for airspace under its
jurisdiction.

2.1.3 When it has been determined that air traffic services will be provided, the States
concerned shall designate the authority responsible for providing such services.
Note 1.- The authority responsible for establishing and providing the services may be a State
or a suitable Agency.
Note 2.- Situations which arise in respect of the establishment and provision of air traffic
services to either part or whole of an international flight are as follows:

Situation 1: A route, or portion of a route, contained within airspace under the sovereignty of
a State establishing and providing its own air traffic services.

Situation 2: A route, or portion of a route, contained within airspace under the sovereignty of
a State which has, by mutual agreement, delegated to another State, responsibility for the
establishment and provision of air traffic services.

Situation 3: A portion of a route contained within airspace over the high seas or in airspace
of undetermined sovereignty for which a State has accepted the responsibility for the
establishment and provision of air traffic services.

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AL-04 Air Navigation Services - Supplementary Reading

For the purpose of this Annex, the State which designates the authority responsible for
establishing and providing the air traffic services is:
 in Situation 1: the State having sovereignty over the relevant portion of the airspace;
 in Situation 2: the State to whom responsibility for the establishment and provision of air
traffic services has been delegated;
 in Situation 3: the State which has accepted the responsibility for the establishment and
provision of air traffic services.

2.1.4 Where air traffic services are established, information shall be published as necessary
to permit the utilization of such services.

Extend Maritime Boundaries – article


Bid to extend maritime boundaries
From correspondents in New York3
August 21, 2006
BRITAIN, France, Ireland and Spain are to launch a bid to extend their territorial
waters at a UN conference on ocean rights that opens today, thus grabbing precious
natural resources.
In a joint submission to the UN Commission on the Limits of the Continental Shelf, the four
states have applied to extend their territorial waters in the Bay of Biscay and the Celtic Sea
beyond the current legal limit of 200 nautical miles.
The commission meets at United Nations headquarters in New York from Monday to
September 15. The four countries are submitting scientific proof that their continental shelf,
the submerged prolongation of land territory, stretches beyond 200 nautical miles and that
their territorial waters should therefore be extended.
And the stakes are high.
Under the UN Convention on the Law of the Sea, which came into force in 1994, each
country benefits from an exclusive economic zone (EEZ) within the 200-mile boundary from
their shoreline.
This means each state has exclusive rights over all natural resources within their territorial
waters, including fish, oil, gas, minerals and other precious reserves found in the sea and the
ocean's subsoil.
A clause in the convention stipulates that the exclusive economic zone can be extended to
up to 350 nautical miles if countries can scientifically prove that their continental shelf
extends beyond the 200-mile boundary. France has the biggest exclusive economic zone in
the world after the United States, which has not signed the Convention on the Law of the
Sea.
The submission by Britain, France, Ireland and Spain concerns a “small” zone of 80,000sq
km, according to Walter Roest of the French Research Institute for Exploitation of the Sea
(Ifremer) who will be among those presenting scientific research to back up the request.
The commission is charged with examining the validity of the four countries’ request, based
on scientific criteria.
This includes proving that the area is “a natural prolongation of the continental shelf, based
on its shape, composition of the bedrock and shallow depth that extends far out to sea, for
example off the coast of Brittany”, in western France, Mr Roest told AFP in Paris.
“We have filed a joint submission to establish the limits of our shared shelf and then we will
agree among ourselves how to divide up the maritime area”, he said. Mr Roest said he
expected the UN body to rule on the scientific evidence within a year.
The scientist added that France would also file other requests concerning zones surrounding
its overseas territories of the Kerguelen Islands in the Indian Ocean, New Caledonia in the
Pacific and French Guiana in Latin America.
France, whose exclusive economic zone currently covers 10.2 million square kilometres,
hopes to gain an extra one million square kilometres, Roest said, adding that Paris had to

3
This article confuses sovereign territory and adjacent territorial waters with the high seas covering economic exclusion zones

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
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move fast as all submissions must be presented by 2009. Today, the commission is not yet
overloaded but about 60 requests could be submitted by coastal states by 2009, he said.
New Zealand, Brazil and Australia are currently preparing submissions of their own.
Many countries will be scrambling to capture as much area as possible as the economic
rewards could be huge.
Countries will have exclusive rights to exploit “hydrocarbons, minerals, living species on the
ocean floor and bacteria for use in biotechnology” Roest explained.
Fishing rights though will remain limited to within 200 nautical miles from the coast, he
added.

Outer Space and Air Space - The Difficulties in Definition - article


Document created: 29 December 03
Air University Review, May-June 1973
Dr. Raymond J. Barrett

What is the definition of outer space? Or, more specifically, what is the difference between
national air space and outer space? The air space over each national territory is subject to
that country’s sovereign control. In outer space, claims of national sovereignty have been
prohibited. How is one to be distinguished from the other? The question has received much
attention in recent years, and many proposals on how it might be resolved have been put
forward. A great deal has also been written on the subject, and several publications of the
United Nations have discussed it at some length. As yet, no consensus has emerged.
However, the progress of technology may make some solution more urgent in coming years.
An arbitrary decision may be the only feasible answer.

National sovereignty over air space is a primary feature of the international agreements
regarding aviation. The Convention on the Regulation of Aerial Navigation, signed in Paris
on 13 October 1919, provided in Article I that “. . . .every Power has complete and exclusive
sovereignty over the air space above its territory.” The basic agreement governing postwar
civil aviation, namely, the Convention on International Civil Aviation, signed at Chicago on 7
December 1944, reiterates the same principle, in virtually identical language.

In direct contrast, claims of exclusive national sovereignty in outer space are prohibited by
international agreement. The Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, was
concluded in 1967 under the aegis of the United Nations. Article II provides that:
 outer space, including the Moon and other celestial bodies, is not subject to national
appropriation by claim of sovereignty, by means of use or occupation or by any other
means.

International agreements are also developing rules of law for outer space. The Outer Space
Treaty itself (Article IV, paragraph 1) pledges the signatories “not to place in orbit around the
Earth any objects carrying nuclear weapons or any other kinds of weapons of mass
destruction, install such weapons on celestial bodies, or station weapons in outer space in
any other manner.” It also bans military bases, weapons testing, and military manoeuvres
from celestial bodies. The 1963 limited test-ban treaty prohibited nuclear explosions in outer
space, as well as in the atmosphere and under water. In 1968, the Agreement on the
Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched in
Outer Space was concluded. A convention dealing with liability for damage caused by
objects launched into outer space is also being negotiated.

The actual practice of nations also indicates a difference between national air space and
outer space. Hundreds of objects have now been launched into orbit around the earth; in
recent years no nation has protested such passage over its territory as violating its
sovereignty. In fact, no nation has explicitly reserved its position concerning the passage
over its territory of a space object of another country. On the other hand, no nation has been

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
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willing to limit its air space to a specific height; to do so would define the upward extent of its
sovereignty and, implicitly or explicitly, the lower limit of what it considered to be outer space.

There are two general schools of thought regarding the need for and desirability of arriving
soon at a clear line of demarcation between air space and outer space. One approach cites
the need to delimit the legally binding obligations regarding the activities and authority of
nations in outer space and air space, respectively. Without such a demarcation, it is
contended, there will arise, as technology advances, disputes regarding the extent and
nature of the obligations nations have assumed in the international agreements related to
outer space. Similarly, without agreed definitions, a nation could assert claims of sovereignty
that would interfere with space activities desired by many other countries.

The other approach argues that there is no evidence that a demarcation line is needed and
that to set one now would be premature and possibly counterproductive. The proponents of
this point of view call attention to the rapid pace of space technology and the practical
uncertainties regarding the characteristics of feasible and desirable space activities. Trying
to set a boundary now, they feel, would risk getting it too high or defined in a way that might
turn out to be detrimental to future space activities. (Implicit in this viewpoint, there seems to
be the expectation that the later agreement is reached, the more likely the boundary is to be
set lower than it would be at present.) Those who endorse a cautious approach note that the
lack of specific agreement has not led to any international difficulties and does not seem
likely to. They also suggest that the effort to establish a definitive boundary could, itself, lead
to controversy and confusion, as has happened in regard to the demarcation between
territorial waters and the high seas.

Why not simply set the dividing line between air and outer space at the upper limit of the
atmosphere? That would probably be one of the first questions by a layman. Furthermore,
the international conventions that regulate aircraft seem to suggest this concept in their use
of such terms as “air,” “atmosphere” and “atmospheric” space. The practical difficulty,
however, is that the earth’s atmosphere does not end abruptly; it gradually transforms into
outer space. Some estimates place the altitude at which air space ceases well beyond the
orbits of some existing earth satellites. In fact, there is no scientific agreement on the altitude
at which air space ceases.

A scientifically more sophisticated proposal might be to use the characteristics of the


atmosphere to determine an appropriate dividing line between air and outer space.
Suggestions have been made to establish the demarcation on the basis of differentiation
between the several layers into which scientists divide the atmosphere.

The troposphere, the layer nearest the surface of the earth, extends up to about 9 to l0½
miles at the equator and 6 to 7 miles at the poles. It is the layer in which weather
phenomena occur, and it is the field of operation for conventional aviation. The troposphere
contains three-fourths of all the air surrounding the earth.

Most of the rest of the air in the atmosphere is contained in the next layer, called the
stratosphere. It is above the weather and is reached only by the most advanced aircraft and
research balloons. Its upper limit is about 25 miles. The troposphere and stratosphere
contain about 99.7 percent of the air.

A third layer, called the mesosphere, extends to about 50 miles, and beyond that is the
ionosphere. The latter is sparsely occupied by gas particles, less dense than the most
complete vacuum that can be achieved on earth. The upper limit of the ionosphere is not
defined.

The major difficulty in trying to define a boundary by utilizing the characteristics of the
atmosphere is the lack of uniform criteria. The physical characteristics of the atmosphere
and of the various layers can be judged by a variety of criteria, such as the composition of

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

the gases, their densities and their temperatures. These properties are not uniform at a
certain altitude. They can also vary with solar activity, time of day, season, region, and other
circumstances. The boundaries between the layers of the atmosphere are thus not precise,
uniform in height above the earth, or constant. Nor is it possible, because of the variance in
the properties of the atmosphere, to arrive at any other boundary between air and outer
space that would be precise, uniform, and constant.

The layman, faced with these scientific difficulties, might suggest using the characteristics of
aircraft flight to arrive at an adequate boundary. Surely, he might think, we can define the
height at which aircraft can actually fly, and everything above that could be considered outer
space. The Council of the International Civil Aviation Organization (ICAO) defines an aircraft
as “any machine that can derive support in the atmosphere from the reactions of the air
other than the reactions of the air against the earth’s surface.” The maximum altitude at
which a machine can derive support from the reactions of the air is presently estimated at
about twenty one miles by the ICAO Secretariat.

One of the most widely discussed proposals for a demarcation between air space and outer
space is that it be established at the altitude where aerodynamic lift yields to centrifugal
force, what is known as the “Von Kármán line.” To accomplish aerial flight, weight equals
aerodynamic lift plus centrifugal force. Aerodynamic lift decreases with altitude because of
the decreasing density of the air. Beyond zero airlift, centrifugal force takes over.

This approach also involves several difficulties that seem to preclude a uniform and constant
boundary. The theoretical limit of the height of air flight may increase as the result of such
developments as improved cooling techniques or more heat-resistant materials. The
aerodynamical forces also vary with the character and speed of the specific object involved.
Moreover, the density of the atmosphere itself is not constant but is subject to a variety of
fluctuations, as already noted.

If an approach based on the characteristics of the atmosphere and aircraft is not adequate,
how about tackling the problem from the other side, that of outer space? For instance, could
not outer space be defined as everything beyond the lowest point (perigee) of an orbiting
satellite? At a certain altitude, the earth’s atmosphere is too dense for an artificial satellite to
stay in orbit. The lowest perigee approach would have the advantages of being in accord
with existing practices in orbiting satellites and with the attitudes of countries toward objects
in earth orbit.

The International Law Association (not an intergovernmental body) did adopt in 1968 a
definition of outer space as the space beyond the lowest perigee reached by any satellite
placed in orbit before 27 January 1967, the date on which the Outer Space Treaty was
opened for signature. The Association, however, added that this definition was without
prejudice to the possibility of including later any part of the space below that perigee.

The association’s added qualification indicates one of the difficulties in this approach. The
perigee of a durable satellite orbit at present is about 95 to 100 miles. However,
improvements in space flight technology, such as orbiting with continuing rocket thrust, may
lower this perigee to 70-75 miles. That large an element of legal uncertainty would hardly be
compatible with a definition seeking to determine national sovereignty over air space.
Another problem with this definition involved the practical questions of who determined
precisely the lowest perigee of a satellite before 27 January 1967 and whether it was an
active satellite or a piece of space debris.

More generally, this approach also fails to provide a precise and continuing boundary
because, scientifically speaking, no precise altitude can be determined as the single lowest
possible perigee of any artificial satellite. Such a determination would depend on the
characteristics of the object and the atmosphere; and these vary, as already noted in
connection with aircraft.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

To try to meet these difficulties, a number of other approaches have been suggested. All,
however, seem to involve shortcomings of their own or do not solve all the problems that we
have noted. One suggestion has been to set the boundary at the point where the
gravitational pull of the earth ceases, this approach deriving from the idea that a nation’s
sovereignty need only extend to the height from which an object can be dropped on its
territory. However, gravity ceases very gradually at remote heights; it is not possible to
indicate an exact altitude where a boundary could be drawn based on the earth’s attraction.
And, even if one were feasible, it would probably be much too high; one calculation, for
instance, indicates that the earth’s attraction in relation to the moon is dominant up to some
205,000 miles, and much farther in relation to the sun. A further practical difficulty is that the
gravitational effect of the earth depends on the escape velocity of the object, which, of
course, can vary.

Another approach tries to overcome the difficulties in defining the outer limit of the
atmosphere by proposing an intermediate zone between air space and outer space. It has
been noted that, as a practical matter, there exists a buffer zone between, on the one hand,
the highest altitudes reached by balloons and aircraft and, on the other hand, the lowest
altitude at which satellites remain in orbit without any means of propulsion. Details vary, but
generally this proposal suggests an appropriate international regime in this area, between
the national sovereignty of air space and the freedom of outer space. One immediate
difficulty with this approach is that the present intermediate zone is likely to narrow with
technological developments and may well disappear entirely. More basically, the proposal
still does not solve the difficulties we have noted above in finding uniform and constant
criteria that would make possible precise dividing lines between the zones.

An effort has been made to get around all these problems of scientific definition by proposing
that the exclusive sovereignty of an underlying country should extend as high as it could
effectively apply its authority. This principle has often been asserted in efforts to analyse the
scope and effects of the international agreements governing civil aviation. However, it has
equally been challenged on the grounds it would produce unacceptable disparities, conflicts,
and uncertainties. Since nations are at widely different levels of scientific and technical
development, their air spaces would vary greatly. If each country were allowed to project its
sovereignty upward and sideward in accord with its effective power, conflicting claims would
seem highly likely to occur; and there would be no way to resolve them except naked power.
The criterion of effective power would also create marked uncertainties because sovereignty
would vary with the development of technology.

Another attempt to avoid the difficulties of spatial definitions proposes that a distinction be
made between aeronautical and astronautical activities, rather than trying to decide on a
demarcation between air space and outer space. The proponents of this approach argue
that a legal definition is usually needed to permit certain activities and prohibit others.
Accordingly, they feel that in regard to outer space activities, it would be better to seek this
objective, not by trying to set boundaries but by defining objectives and missions for space
vehicles. Their thought is that the important interests of all countries can be protected more
effectively, not by putting territorial limits to national sovereignty but by legally prohibiting
those actions in the course of space activities that would endanger these interests.

This approach proposes that astronautical activities should be subject to one and the same
legal regulation, irrespective of the altitude at which they are carried out. It would apply to
them the moment they leave the earth, in order to avoid a complicated determination of their
passing from one legal status to another. This concept stems from the belief that, as the
scope of international space law gradually extends, international regulation will have to
approach the launching pads. The only way to preserve the logical unity of legal regulation, it
is contended, is by dispensing with a demarcation in space and adopting a functional
criterion.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

However, there are difficulties with this approach, too. It is not always possible to distinguish
precisely between space activities and other activities. Using the purpose of each activity as
the criterion has been suggested; but often this could be ambiguous (e.g., an aircraft
equipped with scientific instruments to observe an eclipse, or balloons bearing instruments
for space observations). Moreover, the prospects of scientific and technical progress in the
development of aircraft and space vehicles make the practical problem of distinguishing
between them ever more complicated. Another intricate problem of potentially great scope is
how nations could differentiate between space activities at low altitudes and air activities, so
as to regulate each effectively and discretely.

About the only sound conclusion from a review of the various approaches to differentiating
between air space and outer space is that no fully satisfactory answer is in sight. In fact,
each of the approaches seems to have at least one serious defect. The problem has not
been a pressing one. Indeed, the many uncertainties and potential developments in space
activities have even suggested some wisdom in waiting until man’s abilities and needs in
space are much better defined.

However, technology is moving on. In the not too distant future, machines capable of flying
along a ballistic trajectory are expected to orbit the earth, fly in outer space and air space,
and make soft landings on the earth4. The space shuttle, which NASA hopes to make a
follow-on program to the projected Apollo and Skylab series, apparently will be such a
vehicle. Aeronautical researchers are reported to be thinking about a hypersonic transport
(HST) as a next step after the supersonic transport, for about the year 2000. Some of the
features being considered are described as “rocket-assisted take-offs” and “space vehicle-
like bursts beyond the atmosphere followed by semi-orbital ‘free fall’ until descent”.4

Developments such as these are bringing closer the day when some formula will be needed,
as a practical matter, to accommodate the differences between air space and outer space.
The difficulties involved in all the approaches that have been suggested indicate that the
decision may well have to be an arbitrary one. The goal obviously should be to select a
boundary that seems to balance best the varying difficulties, advantages, and other pertinent
considerations. Some demarcation line in the 50- to 75-mile altitude range may be the most
satisfactory—or least unsatisfactory.

Fort Bragg, North Carolina

Note
1. Albert R. Karr, “The SST Is a Turtle Compared to the HST, Which May Be on the Way,”
Wall Street Journal, 4 January 1971, p. 1.
Contributor: Dr. Raymond J. Barrett Ph.D (Trinity College, Ireland) is Department of State
Advisor, John F. Kennedy Center for Military Assistance, Fort Bragg, N.C. With State, he has
served in Mexico, Managua, Dublin, Cairo, and Madrid; in the Office of Southern and East
African Affairs; as Canadian Desk Officer; as U.S. Secretary of the U.S.—Canadian
Permanent Joint Board on Defense; and as Deputy Chief, Program Staff, Office of
International Conferences. He recently served an exchange tour as Assistant Chief, Global
Plans and Policy Division, HQ USAF.

Disclaimer: “The conclusions and opinions expressed in this document are those of the
author cultivated in the freedom of expression, academic environment of Air University. They
do not reflect the official position of the U.S. Government, Department of Defense, the
United States Air Force or the Air University.”

4
If this document was in fact written in 1973, then this day is upon us. Virgin Galactic flights were planned for 2007 and passenger tickets
were sold…

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-04 Air Navigation Services - Supplementary Reading

Key ICAO Considerations

Articles 28, 37 (C) and 54 (L) to the Convention on International Civil


Aviation

These articles from the United Nations


Convention on International Civil
Aviation (Chicago Convention) have
particular interest.

Signatories to the Convention are


Contracting states (Article 1), who are
obliged to provide in their respective
territory various aeronautical services
and air navigation facilities (Article 28), in
accordance with standards and
recommended practices dealing with
(Article 37) rules of the air and air traffic
control practices etc as adopted in
Annexes to the Convention (Article 54).

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AL-04 Air Navigation Services - Supplementary Reading

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AL-04 Air Navigation Services - Supplementary Reading

Special use airspace


Doc 9426 Part 1 Section 2 3.3.2 (part)

Danger area
The establishment of a danger area by a State over its territory is justified when the activity
in that area is of such a nature that the risk involved requires non-participating aircraft to be
aware of the risk. Since, in all cases, it is mandatory that the reason causing the
establishment of an airspace restriction be given in its publication, it remains then at the
discretion of the pilot to decide whether or not he can face the risk with a reasonable degree
because they will be in the best position to propose and of certainty that it will not have
serious consequences for develop the procedural means required to put the his flight
reservation into effect.

Over the high seas, regardless of the risk involved, only danger areas can be established.
Those who initiate danger area restrictions over the high seas are under an increased moral
obligation to judge whether establishment of the danger area is unavoidable and if it is, to
give full details on the intended activities therein. It would also appear that activities
exceeding a certain risk level should not be conducted in such airspace and that other
methods of achieving the desired objective, such as temporary airspace reservations, should
be applied.

Restricted area
Restricted areas are generally established when the risk level involved in the activities
conducted within the area is such that it can no longer be left to the discretion of individual
pilots whether or not they want to expose themselves to such risk. In many cases the
activities within a restricted area are not permanently present, it is therefore of particular
importance that the times when these areas are actually required be closely surveyed and
monitored.

Prohibited area
The establishment of prohibited areas should be subject to particularly stringent
requirements because the use of that portion of the airspace encompassed by the prohibited
area is completely forbidden to aircraft. It has therefore become general practice to establish
such areas only to protect important State installations, critical industrial complexes whose
damage as a result of an aircraft accident could assume catastrophic proportions (atomic
power plants, sensitive chemical complexes) or especially sensitive installations which are
essential for the national security.

Special designated airspace


In a number of cases, States have found it necessary to establish special portions of
designated airspace where aircraft, when operating therein, are required to comply with
procedures additional to those resulting from normal provision of ATS (mainly special
identification and/or reporting procedures). Such areas are designated by a variety of
names, i.e. Air Defence Identification Zone (ADIZ) being one of the more common ones,
but they all have in common the understanding that non-compliance by aircraft with the
imposed provisions generally result in prompt retaliatory action (interception, forced landing,
etc.).

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Effective 7 June 2007

N EW Z EALAN D AI R S PAC E
Uncontrolled
Controlled Airspace Airspace Special Use Airspace
Class A Class C Class D Class G STOP Authorisation Required
Restricted Area Military Operating Area (MOA)
[NZ R...] [NZ M...]

Aircraft
Radio 118.30 118.30 118.30 118.30
• Military exercises – including live firing
• Enter only after authorisation from the administering
Required • Enter only after authorisation from the administering
authority, if:
– a New Zealand registered aircraft; or
authority
Entry – any other aircraft within New Zealand territory

Clearance STOP STOP STOP


I F R

Required
Hazardous Areas
ATC Danger Area Volcanic Hazard Zone (VHZ)
Separation [NZ D...] [NZ V...]

Provided
A i r s pa c e R e q u i r e m e n t s

Traffic
Information
(When
Provided Practicable)

Speed Below 10,000 ft – 250 knots max Below 10,000 ft – 250 knots max
Limitations
• Includes live firing, model aircraft operations, etc • Enter only in VMC by day
• Enter only after due consideration of the danger present • VHAs can be increased in size by NOTAM depending on
Aircraft – entry is at your own risk volcanic activity level

Radio 118.30 118.30


Required Uncontrolled Always refer to the AIP New Zealand and the Civil Aviation Rules for current requirements.
airspace includes
Entry VFR Transit Lanes
Clearance STOP STOP and General 118.30
Operational Requirements
Required Aviation Areas
when active Mandatory Broadcast Zone (MBZ) Low Flying Zone (LFZ)
ATC [NZ B...] [NZ L...]
by day
Separation
V F R

(Below 5 km (Below 5 km
Provided visibility) visibility) “...traffic
– ABC – Position
– Intentions”

Traffic (On Request)


Information (When
Provided Practicable)

8 km 8 km 8 km
VFR At or above
10,000 ft AMSL
At or above
10,000 ft AMSL
At or above
10,000 ft AMSL (Above 10,000 ft AMSL, but within
1000 ft AGL, 5 km is required)
Visibility
Minima
Below 5 km Below 5 km Below 5 km
• Broadcast position and intentions on entry, when joining
the circuit, before entering a runway, and at specified intervals • Extends up to 500 feet agl
• Obtain a briefing from the specified using agency
• Anticollision and/or landing lights must be on if so equipped before entering
Above
3000 ft 2 km • NORDO aircraft may enter only under special conditions • Broadcast intentions prior to entering and on exiting
2 km 2 km AMSL or
1000 ft AGL
1000 ft
VFR whichever
is higher Vertically
Horizontally Horizontally
Distance (above or below)
Non-mandatory Airspace
from Cloud 1000 ft* 1000 ft*
*(500 ft within a *(500 ft within a At or below 3000 ft
Minima control zone) control zone) AMSL or 1000 ft AGL Common Frequency Zone (CFZ) Parachute Landing Area (PLA)
whichever is higher
Clear of cloud [NZ C...]

Vertically Vertically [NZ P...]


(above or below) (above or below) In sight of surface
“...traffic
– ABC – Position

Speed Below 10,000 ft – 250 knots max Below 10,000 ft – 250 knots max Below 10,000 ft – 250 knots max
– Intentions”

Limitations

Flight Entry C D G
= SVFR
KEY

= IFR = Information
Service
STOP = Clearance
Required
= Traffic
Provided
Information
VFR minima at aerodromes VFR minima at aerodromes in
Below VFR minima within controlled airspace within a control zone uncontrolled airspace • Broadcast position and intentions if radio equipped • Treat the airspace near an active PLA (especially upwind of
(CAR Part 91) (CAR Part 91) • Anticollision and/or landing lights should be on if so the PLA) like a danger area – enter at your own risk
equipped
ATC CEILING VISIBILITY CEILING VISIBILITY
= VFR = ATC Service 118.30
= Aircraft
Required
Radio
= Separation
Provided
= Visibility
DAY 1500 ft 5 km DAY 600 ft 1500 m
NIGHT 1500 ft 5 km NIGHT 1500 ft 8 km For further information, see the GAP booklet, New Zealand Airspace.
Air Law

AL05 – Personnel Licensing


-2- ICAO AL 05 Contents:

1 Contents:
User Notes:

Table of Contents
1 Contents: ................................................................................2
2 Learning Outcome..................................................................3
Performance Criteria: ................................................3
3 Air Traffic Controller Licence .................................................4
Requirements for the issue of the licence ............4
Age …………………………………………………………………...4
Knowledge ………………………………………………………… 4
Experience ………………………………………………………… 5
Medical fitness ………………………………………………….. 5
4 Revision ..................................................................................6

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Performance Criteria: Air Law -3-

2 Learning Outcome
Identify the requirements for the issue of an ATC licence.

Performance Criteria:
Identify the following requirements for the issue of an ATC User Notes:
licence:

 Minimum age

 Approved course of study

 Medical fitness

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-4- ICAO AL 05 Air Traffic Controller Licence

3 Air Traffic Controller Licence


Requirements for the issue of the licence User Notes:
Annex 1 4.4.1
Before issuing an air traffic controller licence, a Contracting
State shall require the applicant to meet the requirements of
4.4.1 and the requirements of at least one of the ratings set
out in 4.5. Unlicensed State employees may operate as air
traffic controllers on condition that they meet the same
requirements.
Age
The applicant shall be not less than 21 years of age.
Knowledge
The applicant shall have demonstrated a level of knowledge
appropriate to the holder of an air traffic controller licence, in
at least the following subjects:
Air law
a) Rules and regulations relevant to the air traffic
controller;
Air traffic control equipment
b) Principles, use and limitations of equipment used in air
traffic control;
General knowledge
c) Principles of flight; principles of operation and
functioning of aircraft, powerplants and systems;
aircraft performance relevant to air traffic control
operations;
Human performance
d) Human performance including principles of threat and
error management; Note.— Guidance material to
design training programmes on human performance,
including threat and error management, can be found
in the Human Factors Training Manual (Doc 9683).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Requirements for the issue of the licence Air Law -5-

Meteorology User Notes:


e) Aeronautical meteorology; use and appreciation of
meteorological documentation and information; origin
and characteristics of weather phenomena affecting
flight operations and safety; altimetry;
Navigation
f) Principles of air navigation; principle, limitation and
accuracy of navigation systems and visual aids; and
Operational procedures
g) Air traffic control, communication, radiotelephony and
phraseology procedures (routine, non-routine and
emergency); use of the relevant aeronautical
documentation; safety practices associated with flight.

Experience
The applicant shall have completed an approved training
course and not less than three months of satisfactory service
engaged in the actual control of air traffic under the
supervision of an appropriately rated air traffic controller. The
experience requirements specified for air traffic controller
ratings in 4.5 may be credited as part of the experience
specified in this paragraph.

Medical fitness
The applicant shall hold a current Class 3 Medical
Assessment.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-6- ICAO AL 05 Revision

4 Revision

1. Where do we find the requirements for the issue of an User Notes:


ATC licence?

2. What is the age requirement?

3. In general terms, what training is required?

4. What is the other requirement?

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
051 ATS Licensing Course

Air Law

AL05 – Personnel Licensing

Supplementary Information
AL-05 Personnel Licencing - Supplementary Reading

Table of Contents
Air traffic controller ratings .................................................................................................................... 3
Categories ........................................................................................................................................... 3
Requirements for air traffic controller ratings.................................................................................... 3
Knowledge....................................................................................................................................... 3
Aerodrome control rating: .................................................................................................................. 3
Approach control procedural and area control procedural ratings: .................................................. 4
Approach control surveillance, Approach precision radar control and Area control surveillance
ratings: ................................................................................................................................................ 4
Experience........................................................................................................................................... 4
Skill .................................................................................................................................................. 5
Concurrent issue ............................................................................................................................. 5
Privileges of the holder of the air traffic controller rating(s) and the conditions to be observed in
exercising such privileges ................................................................................................................ 5
Purposes.......................................................................................................................................... 5
Obligation........................................................................................................................................ 6
Validity of ratings ............................................................................................................................ 6
Approved training and approved training organization ......................................................................... 7
Annex 1 Appendix 2 - Approved Training Organization.......................................................................... 8
1. Issue of approval ............................................................................................................................ 8
2. Training and procedures manual ................................................................................................... 8
3. Training programmes ..................................................................................................................... 9
5. Quality assurance system............................................................................................................... 9
6. Facilities.......................................................................................................................................... 9
7. Personnel ....................................................................................................................................... 9
8. Records.......................................................................................................................................... 10
9. Oversight ...................................................................................................................................... 10
10. Evaluation and checking............................................................................................................. 10

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-05 Personnel Licencing - Supplementary Reading

Air traffic controller ratings


Annex 1 4.5

Categories
Air traffic controller ratings shall comprise the following categories:

a aerodrome control rating;

b approach control procedural rating;

c approach control surveillance rating;

d approach precision radar control rating;

e area control procedural rating; and

f area control surveillance rating.

Note.— The World Meteorological Organization has specified requirements for personnel
making meteorological observations which apply to air traffic controllers providing such a
service.

Requirements for air traffic controller ratings


Knowledge
The applicant shall have demonstrated a level of knowledge appropriate to the privileges
granted, in at least the following subjects in so far as they affect the area of responsibility:

Aerodrome control rating:


1) aerodrome layout; physical characteristics and visual aids;

2) airspace structure;

3) applicable rules, procedures and source of information;

4) air navigation facilities;

5) air traffic control equipment and its use;

6) terrain and prominent landmarks;

7) characteristics of air traffic;

8) weather phenomena; and

9) emergency and search and rescue plans;

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-05 Personnel Licencing - Supplementary Reading

Approach control procedural and area control procedural ratings:


1) airspace structure;

2) applicable rules, procedures and source of information;

3) air navigation facilities;

4) air traffic control equipment and its use;

5) terrain and prominent landmarks;

6) characteristics of air traffic and traffic flow;

7) weather phenomena; and

8) emergency and search and rescue plans; and

Approach control surveillance, Approach precision radar control and Area


control surveillance ratings:
The applicant shall meet the requirements specified in above in so far as they affect the area
of responsibility, and shall have demonstrated a level of knowledge appropriate to the
privileges granted, in at least the following additional subjects:

1) principles, use and limitations of applicable ATS surveillance systems and


associated equipment; and

2) procedures for the provision of ATS surveillance service, as appropriate, including


procedures to ensure appropriate terrain clearance.

Experience
The applicant shall have:

a) satisfactorily completed an approved training course;

b) provided, satisfactorily, under the supervision of an appropriately rated air traffic


controller:

1) aerodrome control rating: an aerodrome control service, for a period of not


less than 90 hours or one month, whichever is greater, at the unit for which
the rating is sought;

2) approach control procedural, approach control surveillance, area control


procedural or area control surveillance rating: the control service for which the
rating is sought, for a period of not less than 180 hours or three months,
whichever is greater, at the unit for which the rating is sought; and

3) approach precision radar control rating: not less than 200 precision
approaches of which not more than 100 shall have been carried out on a
radar simulator approved for that purpose by the Licensing Authority. Not
less than 50 of those precision approaches shall have been carried out at the
unit and on the equipment for which the rating is sought; and

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-05 Personnel Licencing - Supplementary Reading

c) if the privileges of the approach control surveillance rating include surveillance


radar approach duties, the experience shall include not less than 25 plan position
indicator approaches on the surveillance equipment of the type in use at the unit for
which the rating is sought and under the supervision of an appropriately rated
controller.

The experience specified in b) shall have been completed within the 6-month period
immediately preceding application.

When the applicant already holds an air traffic controller rating in another category, or the
same rating for another unit, the Licensing Authority shall determine whether the experience
requirement can be reduced, and if so, to what extent.

Skill
The applicant shall have demonstrated, at a level appropriate to the privileges being granted,
the skill, judgement and performance required to provide a safe, orderly and expeditious
control service.

Concurrent issue
Concurrent issuance of two air traffic applicable requirements on the basis of the
requirements for each rating. These requirements shall not be less than those of the more
demanding rating.

Privileges of the holder of the air traffic controller rating(s) and the conditions to be
observed in exercising such privileges

Subject to compliance with the requirements specified in 1.2.5 (validity of licences), 1.2.6
(Decrease in medical fitness), 1.2.7.1 (use of psychoactive substances) and 1.2.9
(Language proficiency), the privileges of the holder of an air traffic controller licence
endorsed with one or more of the undermentioned ratings shall be:

Purposes
a) aerodrome control rating: to provide or to supervise the provision of aerodrome
control service for the aerodrome for which the licence holder is rated;

b) approach control procedural rating: to provide or to supervise the provision of


approach control service for the aerodrome or aerodromes for which the licence
holder is rated, within the airspace or portion thereof, under the jurisdiction of the unit
providing approach control service;

c) approach control surveillance rating: to provide and/or supervise the provision of


approach control service with the use of applicable ATS surveillance systems for the
aerodrome or aerodromes for which the licence holder is rated, within the airspace or
portion thereof, under the jurisdiction of the unit providing approach control service;

1) subject to compliance with the provisions of Experience c), the privileges


shall include the provision of surveillance radar approaches;

d) approach precision radar control rating: to provide and/or supervise the provision
of precision approach radar service at the aerodrome for which the licence holder is
rated;

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-05 Personnel Licencing - Supplementary Reading

e) area control procedural rating: to provide and/or supervise the provision of area
control service within the control area or portion thereof, for which the licence holder
is rated; and

f) area control surveillance rating: to provide and/or supervise the provision of area
control service with the use of an ATS surveillance system, within the control area or
portion thereof, for which the licence holder is rated.

Obligation
Before exercising the privileges indicated in above, the licence holder shall be familiar with
all pertinent and current information.

A Contracting State having issued an air traffic controller licence shall not permit the holder
thereof to carry out instruction in an operational environment unless such holder has
received proper authorization from such Contracting State.

Validity of ratings
A rating shall become invalid when an air traffic controller has ceased to exercise the
privileges of the rating for a period determined by the Licensing Authority. That period shall
not exceed six months. A rating shall remain invalid until the controller’s ability to exercise
the privileges of the rating has been re-established.

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AL-05 Personnel Licencing - Supplementary Reading

Approved training and approved training organization


Annex 1 1.2.8

Note.— The qualifications required for the issue of personnel licences can be more readily
and speedily acquired by applicants who undergo closely supervised, systematic and
continuous courses of training, conforming to a planned syllabus or curriculum. Provision
has accordingly been made for some reduction in the experience requirements for the issue
of certain licences and ratings prescribed in these Standards and Recommended Practices,
in respect of an applicant who has satisfactorily completed a course of approved training.

Approved training shall provide a level of competency at least equal to that provided by the
minimum experience requirements for personnel not receiving such approved training.

The approval of a training organization by a State shall be dependent upon the applicant
demonstrating compliance with the requirements of Appendix 2.
Note.— Guidance on approval of a flight crew training organization can be found in the
Manual on the Approval of Flight Crew Training Organizations (Doc 9841).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-05 Personnel Licencing - Supplementary Reading

Annex 1 Appendix 2 - Approved Training Organization

1. Issue of approval
1.1 The issuance of an approval for a training organization and the continued validity of the
approval shall depend upon the training organization being in compliance with the
requirements of this Appendix.

1.2 The approval document shall contain at least the following:

a) organization's name and location;

b) date of issue and period of validity (where appropriate);

c) terms of approval.

2. Training and procedures manual


2.1 The training organization shall provide a training and procedures manual for the use and
guidance of personnel concerned. This manual may be issued in separate parts and shall
contain at least the following information:
a a general description of the scope of training authorized under the organization's terms
of approval;

b the content of the training programmes offered including the courseware and
equipment to be used;

c a description of the organization's quality assurance system in accordance with 5;

d a description of the organization's facilities;

e the name, duties and qualification of the person designated as responsible for
compliance with the requirements of the approval in 7.1;

f a description of the duties and qualification of the personnel designated as responsible


for planning, performing and supervising the training in 7.2;

g a description of the procedures used to establish and maintain the competence of


instructional personnel as required by 7.3;

h a description of the method used for the completion and retention of the training
records required by 8;

i a description, when applicable, of additional training needed to comply with an


operator's procedures and requirements; and

j when a State has authorized an approved training organization to conduct the testing
required for the issuance of a licence or rating in accordance with 10, a description of
the selection, role and duties of the authorized personnel, as well as the applicable
requirements established by the Licensing Authority.

2.2 The training organization shall ensure that the training and procedures manual is
amended as necessary to keep the information contained therein up to date.

2.3 Copies of all amendments to the training and procedures manual shall be furnished
promptly to all organizations or persons to whom the manual has been issued.

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AL-05 Personnel Licencing - Supplementary Reading

3. Training programmes
3.1 A Licensing Authority may approve a training programme for a private pilot licence,
commercial pilot licence or instrument rating that allows an alternative means of compliance
with the experience requirements established by Annex 1, provided that the approved
training organization demonstrates to the satisfaction of the Licensing Authority that the
training provides a level of competency at least equivalent to that provided by the minimum
experience requirements for personnel not receiving such approved training.

3.2 When a Licensing Authority approves a training programme for a multi-crew pilot licence,
the approved training organization shall demonstrate to the satisfaction of the Licensing
Authority that the training provides a level of competency in multi-crew operations at least
equal to that met by holders of a commercial pilot licence, instrument rating and type rating
for an aeroplane certificated for operation with a minimum crew of at least two pilots.

Note.- Guidance on the approval of training programmes can be found in the Manual on the
Approval of Flight Crew Training Organizations (Doc 9841).

5. Quality assurance system


The training organization shall establish a quality assurance system, acceptable to the
Licensing Authority granting the approval, which ensures that training and instructional
practices comply with all relevant requirements.

6. Facilities
6.1 The facilities and working environment shall be appropriate for the task to be performed
and be acceptable to the Licensing Authority.

6.2 The training organization shall have, or have access to, the necessary information,
equipment, training devices and material to conduct the courses for which it is approved.

6.3 Synthetic training devices shall be qualified according to requirements established by the
State and their use shall be approved by the Licensing Authority to ensure that they are
appropriate to the task.

Note.- The Manual of Criteria for the Qualification of Flight Simulators (Doc 9625) provides
guidance on the approval of flight simulators.

7. Personnel
7.1 The training organization shall nominate a person responsible for ensuring that it is in
compliance with the requirements for an approved organization.

7.2 The organization shall employ the necessary personnel to plan, perform and supervise
the training to be conducted.

7.3 The competence of instructional personnel shall be in accordance with procedures and
to a level acceptable to the Licensing Authority.

7.4 The training organization shall ensure that all instructional personnel receive initial and
continuation training appropriate to their assigned tasks and responsibilities. The training
programme established by the training organization shall include training in knowledge and
skills related to human performance.

Note.- Guidance material to design training programmes to develop knowledge and skills in
human performance can be found in the Human Factors Training Manual (Doc 9683).

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL-05 Personnel Licencing - Supplementary Reading

8. Records
8.1 The training organization shall retain detailed student records to show that all
requirements of the training course have been met as agreed by the Licensing Authority.

8.2 The training organization shall maintain a system for recording the qualifications and
training of instructional and examining staff, where appropriate.

8.3 The records required by 8.1 shall be kept for a minimum period of two years after
completion of the training. The records required by 8.2 shall be retained for a minimum
period of two years after the instructor or examiner ceases to perform a function for the
training organization.

9. Oversight
Contracting States shall maintain an effective oversight programme of the approved training
organization to ensure continuing compliance with the approval requirements.

10. Evaluation and checking


When a State has authorized an approved training organization to conduct the testing
required for the issuance of a licence or rating, the testing shall be conducted by personnel
authorized by the Licensing Authority or designated by the training organization in
accordance with criteria approved by the Licensing Authority.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
Air Law

AL06 – Revision
-2- ICAO AL 06 Contents:

1 Contents:

Table of Contents
1 Contents: ................................................................................2
2 Learning Outcome..................................................................2
AL 01 – Introduction to ICAO.....................................3
AL 02 – Documentation .............................................4
AL 03 – Air Navigation Services .................................5
AL 04 – Airspace ........................................................6
AL 05 – Personnel Licencing ......................................7
3 Assessment ............................................................................8

2 Learning Outcome
Revise and understand all the knowledge requirements for the
Air Law examination, as outlined in the review questions for each
unit.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
AL 01 – Introduction to ICAO Air Law -3-

AL 01 – Introduction to ICAO

What is ICAO?

Give 3 examples of the aims of ICAO.

What principle was established for the first time by the 5


Freedoms of the Air?

Name the three bodies of ICAO.

What does SARP stand for?

Explain the difference between a Standard and a


Recommended Practice.

What are the Annexes? Give 3 examples.

What does PANS stand for? Give a brief explanation of their


relationship to SARPS.

Where can you find the objectives of ATS?

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-4- ICAO AL 06 Learning Outcome

AL 02 – Documentation

What do the following acronyms stand for? Give a brief


description for each.

AIP

NOTAM

AIRAC

AIC

UOI

LOA

Give some examples of subjects to be included in a NOTAM.

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AL 03 – Air Navigation Services Air Law -5-

AL 03 – Air Navigation Services

What do the following acronyms stand for:

ATS COM MET

SAR AIS ATC

FIS ADVS ALRS

TWR APP ACC

FIS ATIS AFIS

ATM CNS

What are the components of ANS?

What services does ATS include?

What services does ATC include?

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015
-6- ICAO AL 06 Learning Outcome

AL 04 – Airspace

List the seven ICAO classes of airspace.

Who gets an ATC service?

Who shall be provided with ATC separation, according to


airspace classification?

What do the following acronyms stand for:

CTA TMA UTA

OCA FIR UIR

ATZ CTR

Explain the difference between FIR and FIZ.

Name the three types of airspace restrictions.

What is a Danger Area?

What is a Restricted Area?

What is a Prohibited Area?

What is Special designated airspace?

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AL 05 – Personnel Licencing Air Law -7-

AL 05 – Personnel Licencing

Where do we find the requirements for the issue of an ATC


licence?

What is the age requirement?

In general terms, what training is required?

What is the last requirement?

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-8- ICAO AL 06 Assessment

3 Assessment

The date of the Air Law exam will be:

It will take:

And pass mark required is 80%.

© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015

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