The aircraft commander in international air safety : an analysis of some legal aspects

Abstract

This thesis explores the main legal requirements which pilots are subject to fulfil in respect of safety and what short comings exist in this regard. The first chapter explores the salient legal requisites pertaining to an airline transport pilot licence which an applicant pilot must satisfy prior to achieving said licence in accordance with Annex I of the Chicago Convention. This is further supplemented with a brief comparison of the requirements established in Europe and what a pilot must do to convert his licence into a European one. The second chapter outlines the obligations which a pilot is subject to fulfil prior, during and after a flight in accordance with European laws that focus on safety. In addition to such obligations, a pilot is also granted a number of powers by virtue of the Tokyo Convention in the event of having a disruptive passenger on board. Hence, such obligations and powers are analysed throughout this chapter. This thesis also delves into the risks that a pilot may pose to the overall safety of a flight and the passengers and crew on board. Therefore, the third chapter analyses pilot intoxication laws that exist within different jurisdictions that focus on countering such risks. In addition, the same chapter also provides insight on fatigue management and the rules established by ICAO as well as the newly introduced flight time limitation laws in Europe regulating same. The last chapter focuses on the behavioural aspects pertaining to the pilot’s duties, which analyses the salient clauses within the ALPA code of ethics regarding safety. This is also accompanied with an examination of mental health issues that a pilot may suffer from and what measures have been introduced to counter such risks. Lastly, the concluding pages of this thesis provide practical recommendations on how such laws may be improved.