Like any industry, the aviation industry is governed by a number of laws, regulations and guidelines.
In order for airlines to run efficiently and safely, there are strict protocol which must be followed and many legal requirements which much be satisfied in order for air travel businesses to operate. Although all business are subject to national laws, the nature of air travel means that businesses must comply with laws in many jurisdictions and be aware of international law and its implications.
Whilst many assume that aviation law merely refers to the law governing air travel, aviation law actually encompasses a number of related areas and is far broader. For example, aviation law can refer to aircraft maintenance requirements, fight protocol, the purchase and acquisition of aeroplanes and helicopters in addition to the many business aspects of commercial flights.
To ensure appropriate regulation the statutory body known as Civil Aviation Authority was created under the Civil Aviation Act to oversee all aspects of aviation within the UK. Whilst the European Aviation Safety Agency is now responsible for some areas of regulation, it is the Civil Aviation Authority that is responsible for the implementation of regulations within the UK and ensures the relevant guidelines are complied with.
Clearly such a technical industry requires a governing body that understands the practical, mechanical and procedural issues that are faced when operating an airline or airport. By the same token, many professionals serving the industry will have developed significant understanding and expertise within the industry. Aviation law is often considered a niche area, but many lawyers will specialise within a very specific area of aviation law rather than working across the industry. For example, some legal professionals routinely conduct negotiations for the financing and leasing of aircraft whilst others specialise in defending claims against insurers or airlines. In addition to this, lawyers practising in this area may ensure their client is complying with the law across many jurisdictions, fulfilling their legal obligations regarding maintenance reporting or representing victims of aircraft failures or disasters.
Obviously businesses operating within the industry are also subject to more general commercial law; the effect of airline mergers and acquisitions and the increase in low cost carriers in recent years means that there are numerous contractual issues to be faced as well as elements of competition law to consider. Sustainability and environmental issues impose further obligations on aviation businesses; continuing pressure for businesses to reduce global emissions and their carbon footprint has led to an increase in regulation which is unlikely to diminish.
By ensuring that business and safety regulations are adhered to and that companies are operating within all aspects of the law that regulatory bodies such as the Civil Aviation Authority can ensure those operating within the aviation industry are doing so fairly, efficiently and safely.
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