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abroad. This point is also useful to
you, in that it means you may not
have to go to the court nearest to the
place you're supposed to have
committed the offence, but could
choose by manoeuvre something
more convenient, like where your
solicitor lives, or where the juries are
more friendly.
276 Operational Flying
Talking of Scottish Courts, be aware
that Scottish Law is based on Roman
Law (as is the law in France, which
affects the law in Quebec) and
therefore different in many ways
from the rest of the UK.
Negligence
The Common Law imposes on every
citizen a duty of care to other
people. Unfortunately, there is no
standard as to how much care is
reasonable but, in aviation cases, you
may find that your duty is absolute
and anything, however remote, will
be judged as forseeable. Also, juries
generally consist of people who
haven’t a clue what aviation is all
about, and probably think that
planes or helicopters are a pain
anyway, so behave accordingly (they
will certainly be aware that aviation
companies are required to carry lots
of insurance, even if its existence is
not strictly relevant to a court).
UK Air Transport Law
Although you are usually concerned
with law that affects you as a pilot,
Air Transport Law in the UK is
made in the same way as any other,
by a mixture of Common Law, Acts
of Parliament and subordinate
legislation which sometimes
implement international agreements
(see later). Where the question of
interpretation arises, reference is
sometimes made to Road Transport
in comparison, especially for
production of licences.
The Civil Aviation Authority was
created as a statutory body corporate
by section 1 (1) of the Civil Aviation
Act 1971, which is now Section 2(1)
of the Civil Aviation Act 1982.
Under this Act, which received
Royal Assent on 5 August 1971, the
Aerospace Minister for the time
being in office was made responsible
for the organisation and
development of Civil Aviation in its
many and varied aspects.
Thus, the CAA actually came into
being in early 1972, combining under
one Authority functions previously
carried out by various organisations
such as the Board of Trade, the Air
Registration Board and the Air
Transport Licensing Board. In fact,
up till the mid-30s, civil aviation was
controlled by the Air Ministry, which
naturally concentrated on military
needs. In 1936, the ARB was formed
from various interested parties – it
was actually a limited company
which had permission to drop the
word from its title. The ARB
subsequently became the
Airworthiness Division of the CAA.
As a corporate body (which as an
entity only consists of its Board
Members, or the equivalent of
shareholders in a Limited Company,
acting collectively), the functions of
the CAA are specified in the statute
creating it. The 1971 Act was
repealed and replaced by The Civil
Aviation Act 1982, which was a
Consolidation Act, not debated in
Parliament (actual changes to the
1971 Act would have been done by a
Civil Aviation (Amendment) Act
1982, a subtle difference).
The manner in which the CAA is to
perform its functions is given in
Section 4. The regulation of the
carriage of passengers for reward
takes place under Section 64. Section
60 authorises things to be done by
Air Navigation Order, which may
pass functions on to the CAA, but
this is not mandatory. Section 2 (4)
Legal Stuff 277
points out that the CAA is not to be
regarded as a servant or agent of the
Crown, but section 20 (2) allows it to
act on behalf of the Crown in clearly
specified cases.
There was an oversight in
establishing the CAA, in that the
ARB (a company limited by
guarantee, which carried out many of
its functions previously) was subject
to the jurisdiction of the
Parliamentary Commissioner,
whereas the CAA is not. This
increases the difficulties of getting
redress for wrongs committed.
Para 2 of Pt III of Sch 13 to the Civil
Aviation Act, 1982 permits a statutory
instrument carrying the title Air
Navigation Order to make incidental,
supplementary or transitional
provisions. Here is a list of functions
that may be conferred on the CAA
by (or under) an Air Navigation
Order, from Section 3 (c):
· Registration of aircraft
· Safety of air navigation and
aircraft (including airworthiness)
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