Air and Aviation Law , Assignment on: Rules of airport under the chicago convention, air and aviation law, Sayef Amin

1. Introduction:
The Convention on International Civil Aviation, signed in Chicago
on 7 December 1944 (the Chicago Convention), came into force on
4 April 1947. The legal instrument that gives effect to this in
Australia is the Air Navigation Act 1920. The Convention
established certain principles and arrangements so international
civil aviation can develop in a safe and orderly manner, and that
international air transport services be established on the basis of
equality of opportunity and operated soundly and economically.
Arrival Rules in Airport:
Arriving passengers please follow the simple steps below to complete the
arrival procedures.
Immigration:
Please have the following documents ready before proceeding to the
Immigration Hall:
• A valid passport; and a completed arrival card, which is distributed by
your airline before landing, or else, please pick up the card in the
Immigration Hall; or
• Hong Kong Identity Card for Hong Kong citizens.
Baggage reclaim:
After immigration check, please proceed to the Baggage Reclaim Hall to
pick up your bags. Please contact your airline for lost or damaged baggage.
Customs and Excise:
You may proceed to Customs and Excise control after reclaiming your bags.
Use the red channel if you have items to declare, if not, use the green
channel. For declaration guidelines, please go to this website.
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2. Meet and greet:
Big plasma TV panels installed in both Arrivals Hall A and B in Terminal 1
allows meters and greeters to see their arriving friends and relatives right as
they enter the Buffer Halls. There is a good selection of food outlets and
shops, passengers and other airport visitors can easily get what they want in
the halls.
Departure Rules in Airport:
Terminal 1 and Terminal 2 are linked by a central access way and by covered
walkways at either end. They are within two-minute walking distance.
After check-in, passengers can choose to go through immigration
procedures and security control in either terminal*. Passenger boarding
at gates 501-510 can take free shuttle buses from Terminal 1 to North
Satellite Concourse,
Transfer/ Procedures:
If you are taking a connecting flight at
International Airport, please pay attention to
the steps below.
If you have an onward boarding pass,
please:
• Follow the directional sign to
departures level for boarding gates;
• Go through security screening;
• Check your gate number and time, and
reach your boarding gate at least 30
minutes before departures time.
For passengers without an onward boarding pass, please:
• Check your airline desk's location ;
• Follow the directional sign to the designated Airline Desk Areas E1,
E2 or W1 for check-in;
• Follow the directional sign to departures level for boarding gates;
• Go through security screening;
• Check your gate number and time, and reach your boarding gate at
least 30 minutes before departures time.
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3. Airport Security:
All departing passengers are required to have
both their boarding pass and travel document
ready for inspection by airport security personnel
upon entering the Departures Immigration Hall.
Enhanced security measures are also in place at
the airport. To avoid unnecessary delays, make
sure you do not pack any “restricted articles” in
your hand baggage or carry it on person. If in
doubt, please review the list of restricted articles.
Dangerous goods, such as flammable liquids,
corrosives substances, gas cylinders, are posing a risk to the safety of the
aircraft and are not allowed on board, either as checked or hand baggage.
Please refer to the list of dangerous goods for general information, or ask
your airline for details.Security controls on the carriage of liquids, aerosols
and gels (LAGs) in hand baggage by departing passengers are now in force
at HKIA. In line with the recommendations of the International Civil
Aviation Organization (ICAO), the security restrictions for carriage of LAGs
are:
• All LAG items carried in hand baggage must be stored in containers
of capacity not exceeding 100ml each. Containers larger than 100ml
will not be accepted, even if they are partially filled;
• Containers must be placed in a transparent re-sealable plastic bag with
a capacity of one litre or less, which must close completely;
• The plastic bag must be presented separately from other hand baggage
for inspection at the security point. Only one transparent plastic bag
per passenger is permitted;
• Exemptions may be made for medications, baby milk / food and
special dietary requirements, subject to verification.
All departing passengers are required to have both their boarding pass and
travel document ready for inspection by airport security personnel upon
entering the Departures Immigration Hall.
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4. Enhanced security measures are also in place at the airport. To avoid
unnecessary delays, make sure you do not pack any “restricted articles” in
your hand baggage or carry it on person. If in doubt, please review the list of
restricted articles.
Dangerous goods, such as flammable liquids, corrosives substances, gas
cylinders, are posing a risk to the safety of the aircraft and are not allowed
on board, either as checked or hand baggage. Please refer to the list of
dangerous goods for general information, or ask your airline for details.
Security controls on the carriage of liquids, aerosols and gels (LAGs) in
hand baggage by departing passengers are now in force at HKIA. In line
with the recommendations of the International Civil Aviation Organization
(ICAO), the security restrictions for carriage of LAGs are:
• All LAG items carried in hand baggage must be stored in containers
of capacity not exceeding 100ml each. Containers larger than 100ml
will not be accepted, even if they are partially filled;
• Containers must be placed in a transparent re-sealable plastic bag with
a capacity of one litre or less, which must close completely;
• The plastic bag must be presented separately from other hand baggage
for inspection at the security point. Only one transparent plastic bag
per passenger is permitted;
• Exemptions may be made for medications, baby milk / food and
special dietary requirements, subject to verification.
The hand Baggage:
Passengers using Hong Kong International
Airport are expected to follow the hand
baggage guidelines set by the Airline Operators
Committee. These state that hand baggage
carried onboard an aircraft must not exceed
56cm x 36cm x 23 cm (22” x 14” x 9”).You can
check whether your baggage is the right size by
using the measuring gauges found around the
Check-in Hall and at the entrances of the Immigration Halls in Terminal 1
and Terminal 2. If you are uncertain, please check with your airline.
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5. Standards and Recommended Practices:
The Chicago Convention provides (Article 37) for the Council of ICAO to
make standards and recommended practices dealing with a wide range of
matters concerned with the safety, regularity and efficiency of air
navigation. The current standards and recommended practices are published
by ICAO as Annexes to the Chicago Convention. This list also shows the
agency responsible for each Annex.
More information about Annexes is available from the ICAO website.
Copies of the annexes are available from ICAO or they may be accessed at
major libraries. Annexes may also be inspected at the Library of the
Department of Infrastructure and Transport, Canberra telephone (02) 6274
7641 (business hours).
Facilitation:
Annex 9 of the Chicago Convention is an important document for
international civil aviation as it details the agreed international SARPs to
assist the free flow of passengers and goods, without compromising border
integrity and/or sovereignty.
The Department of Infrastructure and Transport sits on ICAOs Facilitation
Panel, and is part of the National Passenger Facilitation Committee, in
which relevant parties (Australian Customs and Border Protection Service,
Department of Immigration and Citizenship, Australian Quarantine
Inspection Service, major international airports and the airlines) work
together to put in place measures enabling Australia to comply with ICAO
SARPs to the maximum extent possible.
Aircraft Accident Investigation:
Annex 13 of the Chicago Convention provides the international SARPs as
the basis for aviation accident, serious incident and incident investigations,
accident prevention and accident and serious incident reporting, with the
sole objective being accident prevention. It is not the objective to apportion
blame or provide a means of determining a liability. ICAO manages a
database known as the Accident/Incident Reporting (ADREP) system, where
safety information discovered during an aviation investigation, and
considered vital to accident prevention, is shared among contracting States
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6. worldwide. The Australian Transport Safety Bureau (ATSB) in the
Department of Infrastructure and Transport is the responsible agency for
carrying out the functions of Annex 13, involving civil registered aircraft in
Australia and Australian registered aircraft overseas. The ATSB receives
reports of around 150 aircraft accidents and serious incidents, 7000 incidents
each year and is resourced to conduct independent no-blame investigations
into around 90 of these occurrences. For further information on the ATSB,1
Airport Service/ Facilities:
Airport Ambassadors are stationed at high-traffic locations throughout the
terminals to offer immediate assistance to passengers in need. Wearing a
welcoming smile and easily recognizable uniform, they are always at your
service.
The Airport Ambassador Programme (AAP) is one of the service initiatives
to make sure all passengers feel at home the minute they arrive at Hong
Kong International Airport (HKIA).The AAP provides on-the-job training
for youngsters and offers meaningful volunteer opportunities for senior
citizens. Launched in 2002, the AAP has trained more than 1,000 youth,
student and senior ambassadors.
Aviation Security:
Annex 17 of the convention sets out the Standards that signatory States such
as Australia are to comply with, in order to safeguard international aviation
from acts of unlawful interference.
The Annex covers such matters as the organization of security arrangements,
preventive measures, and the management of the response to acts of
unlawful interference. It also contains extracts from other ICAO Annexes
that impinge upon aviation security.
Within the Department of Infrastructure and Transport, the Aviation
Security Branch develops and monitors airport and airline operators’
compliance with aviation security standards.
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www.infrastructure.gov.au/aviation/international/icao/index.aspx#3
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7. Airport Ambassadors' duties include:
• Greeting passengers;
• Answering passenger enquiries and giving directions;
• Offering assistance to passengers in need; and
• Promoting passenger safety.
Special Need Access:
International Airport is convenient and easily accessible for all passengers,
including those with special needs. Ramps and lifts link the two terminals
directly with the Ground Transportation Centre, making wheelchair access
simple. The airport has five car parks, with the open-air Car Park 1 and
multi-storey Car Park 4 offering reserved spaces for special needs, located
conveniently next to lifts.
Clarifying Airport Security Rules:
Many travelers are confused about current security rules and procedures,
especially if they haven't been flying recently. Let's get you up to date with
the latest airport security regulations and tips for faster security screening for
your next flight.
Checked Baggage Regulations:
Baggage check or airports check-in is a service offered by commercial
airlines, allowing flyers to have their luggage carried in the cargo area of an
airplane. Before passengers board their plane, they turn over their luggage to
the airline; they are then united with their items at the destination.
Airlines always enforce limits on carry-on bags. Luggage that exceeds these
limits is not allowed into the aircraft's main cabin and need to be checked in.
This allows sufficient space in the cabin as well as quicker boarding and
disembarkation.
Checked luggage has a size and weight limit, and all excess requires a fee.
Checked luggage restrictions vary from airline to airline, so it's important to
find out about airline rules and baggage fees before you begin packing.
Details can often be found on your itinerary, by selecting your airline from
this page.
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8. Checking Luggage:
- Excess baggage requires a fee, so it is best to pack light.
- Know the allowances and prohibitions, and follow them. Checked baggage
restrictions vary, so be sure to get the correct information from your airline.
Contact them if anything is unclear.
- Take laptops, cameras, and other sensitive items in your carry-on; never
check them in. Security scanners may be harmful to these devices. They may
also be more susceptible to theft. Do the same with medicine, prescriptions
and personal medical supplies.
- Be sure to put tags on your entire luggage, including carry-on bags and
laptops.
- Buy sturdy, waterproof bag tags, preferably ones with opaque covers to
avoid displaying your identity to strangers.
- Make sure to place your name, address and telephone number on each tag.
- Don't forget to secure all your bags with a padlock. Choose locks approved
by the TSA, so TSA agents won't have to destroy your lock in case they
need to search your bag.
- To make it easier for you to identify your bag at the baggage claim
carousel, you may want to fasten a bright-colored ribbon or tape.
What Identification is required at US Airports?
You know the drill. If you don’t have verification identification, the TSA
security folks are not going to just let you walk through. But what exactly
counts as ID? And how many of you need it? And what happens if you dont
have one?
Adults:
Adult passengers, 18 and older, are expected to provide documentation
before being allowed past security and on the plane. If you do not have, or
forget to bring your identification, you may not be allowed on the plane (in
some cases you may be permitted but will go through extra security
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9. screening).
Here is a list of some of the accepted forms of identification:
• Valid State Issued Drivers License
• Driver Education Card
• Passport
• Social Security Card
• Birth Certificate
• Military ID Card
• Military Dependent ID Card
• Divorce Papers
• Certificate of Marriage
• Baptismal Records
• Court Order
• School Records/Transcript (certified)
• Unemployment Card
• Adoption Papers
• Concealed Weapons Permit
• DHS "Trusted Traveler" cards (NEXUS, SENTRI, FAST)
• A Native American Tribal Photo ID
• Border crossing card
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10. • Transportation Worker Identification Credential (TWIC)
• Canadian provincial driver's license or Indian and Northern Affairs
Canada (INAC) cardor A Permanent Resident Card
• Any form of government issued ID
Passports can take up to six weeks to process, so plan ahead when traveling
abroad. Passport facilities can include your local post office, courthouse, and
certain travel agencies or libraries. Check with the U.S. Department of State
for a listing of participating facilities nearest you. To process your passport,
you’ll need two passport sized photos; proof of U.S. citizenship and a valid
photo identify verification.
For a driver’s license or a state identification card, you’ll need several
documents showing proof of citizenship, your social security card and a
birth certificate or certificate of citizenship. The exact requirements will vary
by state, so you’ll want to check with your local DMV for a list of accepted
forms of identification or proofs of residency.
There are other forms of personal verification that will be accepted at the
Airport, so it is always best to check before your scheduled flight to be sure
that you have everything that you need. If you don’t bring acceptable
documentation then you may be forced to go through extra screening which
can not only prove to be an embarrassing affair, but can cause you to miss
your flight completely
Airport Management Agreements:
Airport Management Agreements (AMAs) allow airport-lessee companies to
enter into agreements with qualified companies who are in a position to
exercise control over substantial parts of airport land. Further information is
available in section 33 of the Airports Act 1996. The Department is giving
close consideration to submissions for large subleasing arrangements. It is
likely these arrangements will not be considered acceptable in the future.
Subleases to a trustee of a trust require appropriate approval.
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11. Environment Management at Airports:
The Commonwealth has an integrated regime to protect the environment at
leased federal airports. Airport operators are required to implement their
Airport Environment Strategy. While the airport operator has the main
responsibility of protecting the environment, everyone operating or working
at an airport needs to be aware of their environmental obligations. The
Department oversees this through Airport Environment Officers (AEO).
They are responsible for the day to day oversight of the operation of the
Airport (Environment Protection) Regulations.
Check-in Options:
Airlines and airports are continuing to take advantage of the technological
advances available to them, giving passengers much more freedom with
regard to their traveling preferences and allowing airlines opportunities to
utilize staff in more cost-effective ways. By offering a range of check in
choices, airlines are ensuring that the entire check-in process is as simple
and as swift as possible for all their customers.
Airline Counter check-in
Checking in for a flight at the airline counter continues to be the most
popular choice amongst passengers, especially for those traveling
internationally, although the number of travelers using this service is
reducing steadily. Counter sign-in involves locating the correct service desks
for the particular airline and flight and presenting tickets, e-tickets or
booking references to a member of staff who will also check identification (a
passport is required if traveling internationally).
If checking luggage, bags will be parted with here after being weighed and
tagged. Any charges for luggage or upgrades can be paid for during that
time. Seat and meal preferences can also be communicated during counter
sign-in. Boarding passes will be printed and issued, allowing passengers to
head straight to their flight upon completion of the procedure.
The advantage of going to the airline counter upon arrival for the passenger
is that it is all parts of the process occur at the service desk, while the
disadvantage is that there may be long queues which can prove to be
inconvenient and frustrating. Airline counters are ideal for those who do not
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12. feel comfortable using more modern check-in procedures, such as kiosks, as
well as for those with luggage and those whose airline does not offer the
options below.
Curbside Check-in:
Curbside check-in is quite similar to that at the counter, in that the process
takes place at a service desk and is conducted by a member of staff.
However, the major difference is that these service desks are located at
points on the airport concourse, close to entrances and vehicle drop-off
zones. The check-in procedure is much the same as counter procedure, but
allows passengers to sign in and drop off bags before even stepping foot
inside the airport, giving them total freedom once they do step through the
entrance.
Charges for upgrades and baggage can be paid curbside, though payments
are usually only accepted by credit card. Seat and meal preferences can be
communicated as with counter check-in. The advantage of curbside
registration is that boarding passes can be printed and issued there and then
allowing travelers the option to head straight for their flight upon entering
the airport, and there are likely to be fewer queues for using this service.
Online Check-in:
For the tech-savvy traveler, online check-in is often the preferred method as
it can ensure a complete lack of queuing at the airport. Online flight
registration can usually be undertaken up to a maximum of 24 hours prior to
flight departure time from any computer with access to the internet and a
printer. Airport hotels often have on-site services especially for this purpose.
When going online, seat and meal preferences can be selected, and any
charges can usually be made via credit card. When the process is completed,
boarding passes can be printed and simply presented when prompted at the
airport security desks. This option is particularly suited to passengers who
are exclusively carrying hand luggage. Travelers wishing to check baggage
will need to locate a baggage drop desk inside the airport to have bags
weighed and tagged. Unfortunately, there may be a queue for this service.
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13. The Port Authority and the Transportation Security Administration (TSA)
are dedicated to making your travel experience safe and secure. We ask you
to take a moment to become familiar with some important security
measures. By reviewing them now, you will save time at the airport.
The key to getting through the airport faster is being prepared. Take these
steps in order to minimize time at security checkpoints:
• Pack luggage in layers (this increases visibility when baggage is
scanned)
• Ready your boarding pass and ID
• Take off outer garments and shoes
• Place any loose metal objects in your carry-on
• Remove your laptop from your bag and place it in the bin
• Passengers should consider placing additional items in checked
baggage since this will ensure a more efficient screening process at
TSA screening checkpoints (passengers are reminded that the air
carriers request they bring only one carry-on bag and one personal
item per person).
• Passengers are encouraged to have prescription cards for all
medications including syringes. Medications should be in original
packaging.
• Passengers can also expect additional security procedures to be in
place including possible body pat downs.
• Passengers should give themselves extra time to check in and proceed
through the security checkpoint before their flight, especially during
the busy holiday travel season.
International Airports:
Article 10 of the Chicago Convention requires States to designate airports
for international use. This provision is given effect in Australian law by
section 9 of the Air Navigation Act 1920 which enables the Minister to
designate an airport as international, should it meet the criteria.
Further information on the criteria and approval process for the designation
of international airports can be found at the international airports
The categories of airports are:
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14. • Major International:
airports of entry and departure where all formalities incident to
Customs, Immigration, Health and similar procedures are carried out,
and which are open to scheduled and non-scheduled flights;
• Restricted Use International:
airports of entry and departure at which the formalities incident to
Customs, Immigration, Health and similar procedures are made
available on a restricted basis, to flights with prior approval only;
• Alternate International:
airports specified in the flight plan to which a flight may proceed
when it becomes inadvisable to land at the airport of intended landing;
• International Non-Scheduled Flight:
airports at which approval may be granted, provided the prescribed
prior notice is given, for international non-scheduled flights only; no
other form of international operation is permitted;
• External Territory International:
airports of entry and departure for international air traffic located upon
an Australian External Territory, where all formalities incident to
Customs, Immigration, Health and similar procedures are available.
According to the Chicago Convention, 1944 Providing…
Article 11 Applicability of air regulations
Subject to the provisions of this Convention, the laws and regulations of a
contracting State relating to the admission to or departure from its territory
of aircraft engaged in international air navigation, or to the operation and
navigation of such aircraft while within its territory, shall be applied to the
aircraft of all contracting States without distinction as to nationality, and
shall be complied with by such aircraft upon entering or departing from or
while within the territory of that State.
Article 12 Rules of the air
Each contracting State undertakes to adopt measures to insure that every
aircraft flying over or maneuvering within its territory and that every aircraft
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15. carrying its nationality mark, wherever such aircraft may be, shall comply
with the rules and regulations relating to the flight and maneuver of aircraft
there in force. Each contracting State undertakes to keep its own regulations
in these respects uniform, to the greatest possible extent, with those
established from time to time under this Convention. Over the high seas, the
rules in force shall be those established under this Convention. Each
contracting State undertakes to insure the prosecution of all persons
violating the regulations applicable.
Article 13 Entry and clearance regulations:
The laws and regulations of a contracting State as to the admission to or
departure from its territory of passengers, crew or cargo of aircraft, such as
regulations relating to entry, clearance, immigration, passports, customs and
quarantine shall be complied with by or on behalf of such passengers, crew
or cargo upon entrance into or departure from, or while within the territory
of that State.
Article 14 Prevention of spread of disease:
Each contracting State agrees to take effective measures to prevent the
spread by means of air navigation of cholera, typhus (epidemic), smallpox,
yellow fever, plague, and such other communicable diseases as the
contracting States shall from time to time decide to designate, and to that
end contracting States will keep in close consultation with the agencies
concerned with international regulations relating to sanitary measures
applicable to aircraft. Such consultation shall be without prejudice to the
application of any existing international convention on this subject to which
the contracting States may be parties.
Article 15 Airport and similar charges:
Every airport in a contracting State which is open to public use by its
national aircraft shall likewise, subject to the provisions of Article 68, be
open under uniform conditions to the aircraft of all the other contracting
States. The like uniform conditions shall apply to the use, by aircraft of
every contracting State, of all air navigation facilities, including radio and
meteorological services, which may be provided for public use for the safety
and expedition of air navigation. Any charges that may be imposed or
permitted to be imposed by a contracting State for the use of such airports
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16. and air navigation facilities by the aircraft of any other contracting State
shall not be higher,
(a) As to aircraft not engaged in scheduled international air services,
than those that would be paid by its national aircraft of the same class
engaged in similar operations, and
(b) As to aircraft engaged in scheduled international air services,
than those that would be paid by its national aircraft engaged in similar
international air services.
All such charges shall be published and communicated to the
International Civil Aviation Organization, provided that, upon representation
by an interested contracting State, the charges imposed for the use of airports
and other facilities shall be subject to review by the Council, which shall
report and make recommendations thereon for the consideration of the State
or States concerned. No fees, dues or other charges shall be imposed by any
contracting State in respect solely of the right of transit over or entry into or
exit from its territory of any aircraft of a contracting State or persons or
property thereon.
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