Legislative Acts: The Law in Aviation

 THE IMPORTANCE OF LEGISLATIVE ACTS AND LAW IN AVIATION  (by Diego Llorente) 

The impact of laws and regulations on aviation covers all legal issues affecting airport and aircraft operations, including navigation and maintenance, air traffic control security, and aircraft licensing requirements. pilots. This means that aviation has very strict laws and regulations and is very broad in nature. The Federal Aviation Administration (FAA) is the government entity responsible for regulating all aspects of civil aviation in the United States. Why are the law and regulations in aviation so important?

The aviation law operates primarily at the federal level, with most aviation regulations and standards
enforced by the Federal Aviation Administration (FAA). The Transportation Safety Administration (TSA), which ensures the safety of airline passengers, and the National Transportation Safety Board (NTSB), which investigates aviation accidents, also regulate their safety. This that I express is a complement to everything that I have been mentioning in the previous blogs. Aviation safety comes first and the analysis of human factors in aviation is important. As well as the study and analysis of regulations and laws in all their magnitudes.

One of the most memorable acts in aviation is the creation of the FAR. These are part of the Title 14 Code of Federal Regulations. A wide variety of activities are controlled under it. This includes such as aircraft design and maintenance, frequent airline flights, pilot training activities, hot air balloon flight, lighter-than-air aircraft, the weight of artificial structures, aircraft operations, operations of unmanned aircraft systems, drones, and very important interest for pilots. I believe that the creation of aeronautical regulations and laws make an important contribution to the place aviation in the place where it is, "The safest transport in the world."

On the other hand, aviation is a discipline that is in constant change and development to mitigate risk and make aviation very safe. Where does the name FAR come from? Since 1958, these rules have been known as "FARs". However, another collection of regulations (Title 48) is called "Federal Procurement Regulations", and this has led to confusion with the use of the acronym "FAR".

An important legislative act is the one that was applied in the matter of security in civil aviation. In the European Union, because of the event that occurred in 2001, it was decided as a legal basis is Article 100, paragraph 2, of the Treaty on the Functioning of the European Union, to rule on a particular issue regarding air safety. The objective is the prevention of acts of unlawful interference, mainly by preventing objects that may constitute a threat, such as weapons or explosives, from entering the aircraft. This situation arises from the terrorist attacks. Although in 2008 I had certain modifications.

This latest regulation, number 300/2008, establishes the common basic rules and standards for air safety, as well as mechanisms to monitor their compliance. The Union's regulatory framework is based on binding common standards and the following basic principle: 

                 a) Each Member State is responsible for the safety of flights taking off from its territory "host State responsibility", as established by ICAO. 

                  b) All passengers and crew members, as well as all luggage, must be checked before boarding. Shipboard cargo, mail, and supplies should also be inspected prior to being brought on board unless they have undergone adequate security checks. 

                c) Member States can apply stricter security measures if they deem it necessary.

This framework intensified the controls, the improvement in the operational and passenger safety methodology, the control methods by the TSA and the airlines. Increased security at airports and flight attendants fulfilled a greater number of personnel. The relationship between the European Union and the United States were greatly intensified at the level of controls.

In conclusion, some think that these legislative measures are not efficient and are not consistent with the integrity of the citizenry. Others support this theory. In my particular point of view, if a law or regulation has a positive effect; that is, fulfill a clear objective for the purpose that was created with a favorable result for all is important. In aviation, it is important that security, guarantees, and acting in good faith for the general good of the users of civil and commercial aviation are in a favorable way so that the activity continues to be the safest and most widely used transport in the world.

References 

American Psychological Association. (2019). Publication Manual of the American Psychological 

                Association: 7th Edition, 2020 Copyright (Seventh ed.). American Psychological Association

Transporte aéreo: seguridad de la aviación civil | Fichas temáticas sobre la Unión Europea | Parlamento Europeo. (2021, May 1). EASA. https://www.europarl.europa.eu/factsheets/es/sheet/132/transporte-aereo-seguridad-de-la-aviacion-civil