legal factors affecting airline industry

Southwest Airlines, 6:21-cv-01008-PGB-DCI (M.D. Passenger safety is one of the leading legal concerns in the US airline industry. PESTEL analysis airline industry can show how the financial situation of a nation can impact the airline industry: The sociological conditions of any state gravely impact the airline industry. Civil Aviation (Access to Air Travel for Disabled Persons and Persons of Reduced Mobility) Regulations 2007 Statutory Instrument No 1895 2007. Added to this is a rigorous enforcement of safety standards. Higher wages are the way out of this, but most airlines and operators are not in a position to offer this now. Many pilots have left the industry over the last two years with the reduced activity seen. Many of these materials are provided as searchable full-text PDFs. The workforce in Canada is very diverse and represents different walks of life. They are privately owned. Please contact Jennifer using the contact information above. (f) protected by ensuring that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of the personal data, as well as against accidental loss or destruction of, or damage to, personal data. In its draft master plan, Gatwick said the standby runway would have to be moved 12m to the north away from the main runway at a cost of about 500 million to comply with international safety regulations, but predicted that using the second runway could raise the airports capacity from 281,000 flights in 201718 to 375,000390,000 by 203233. Requests from the airport for airlines to restrict ticket sales were not well made. Trademarks, patents and designs are registrable with the IPO. The CTC is effective in the United Kingdom but will not be applied retrospectively, i.e. One such example is a PESTEL (Political, Economic, Social, Technological, Environmental and Legal factors) framework which is discussed below. 5335, paragraph 441; and Lufthansa/Swiss, Case COMP/M. This is broadly the position also in relation to VAT applicable to the importation of aircraft into the United Kingdom, except where the aircraft has been imported previously into a Member State of the EU and is classified to be in free circulation for customs purposes. Here are a few ecological issues that can potentially affect the airline industry: Though the legal issues may not have much to do directly with the growth of airline companies, indirectly, it can severely impact their business. Y[U Economic factors have a deep influence on the airline industry. Available at: https://notesmatic.com/airlines-industry-pestel/ (Accessed 21 June 2021). They are licensed and regulated by the CAA. (2) The runway protection zone (in which no drones may be flown) has been extended around aerodromes to within 5km of runway ends, and up to a height of 2,000ft. The technical issues, and subsequent grounding, of the Boeing 737 MAX is a very good example of this. Read those pages for additional information regarding the legal solutions our industry teams provide. Over the last five years, U.S. network airlines have reduced their annualized mainline costs excluding fuel by more than 25%, or nearly . Get 22% Off before it's gone >>, https://pestleanalysis.com/pest-analysis-for-airline-industry/, https://www.managementstudyguide.com/pestle-analysis-of-global-aviation-industry.html, https://notesmatic.com/airlines-industry-pestel/, https://www.marketingtutor.net/airline-industry-pestle-analysis/, https://www.spendedge.com/casestudy/pestle-analysis-of-airline-industry, The Complete Guide To Understand IDEF Diagram. Additionally, recent crashes and attacks have affected the profitability and viability of the aviation industry quite badly. In terms of the Civil Aviation Act 2012, an airport operator that has, or is likely to acquire, substantial market power requires a licence from the CAA. Otherwise, this can be a massive concern in the future. 4.2 How do the competition authorities in your jurisdiction determine the relevant market for the purposes of mergers and acquisitions? Pursuant to the UK domestic legislation the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 the CAA is empowered to pursue enforcement proceedings against an airline for non-compliance with the European rules. Like any other business, the airline industry is impacted by changes in its external environment. The UK GDPR has enhanced notification provisions around data losses and breaches, as well as allowing the relevant data protection regulators the authority to levy significantly increased fines for non-compliance with the provisions of the Regulation. For example, if there are cases of employee harassment or passenger mistreatment, those events can create a deep impact on their business. As part of the application procedure, the CAA may request additional information in order to process an application for registration (for example, a certified copy of a bill of sale evidencing the ownership of the aircraft to be registered). John F. O'Connell; George Williams (Editor), Attention All Passengers: The Airlines' Dangerous Descent -- and How to Reclaim Our Skies, Clipped Wings: Corporate Social Responsibility and the Airline Industry, From Lowlands to High Skies: a Multilevel Jurisdictional Approach Towards Air Law, Full Upright and Locked Position: Not-So-Comfortable Truths About Air Travel Today, Peter Belobaba (Editor); Cynthia Barnhart (Editor); Amedeo Odoni (Editor), International Air Carrier Liability: Safety and Security, Andrew J. Harakas; American Bar Association, Tort Trial and Insurance Practice Section Staff (Contribution by), Managing the Skies: Public Policy, Organization, and Financing of Air Traffic Management, The Principles and Practice of International Aviation Law, Progressive Commercialization of Airline Governance Culture, The Routledge Companion to Air Transport Management, Nigel Halpern (Editor); Anne Graham (Editor), https://guides.library.harvard.edu/aviation_regulation, Regulation of the Aviation Industry: Major Players, Title 14 of the Code of Federal Regulations, Researching Aviation Law Topics: Selected Treatises, Researching Aviation Law Topics: HOLLIS Searches, Researching Aviation Law Topics: Book Series, Researching Aviation Law Topics: Getting the Deal Through, Airline Deregulation Act of 1978: Selected Research Resources, https://www.transportation.gov/airconsumer, https://www.gpo.gov/fdsys/pkg/CFR-2004-title14-vol1/content-detail.html, https://www.loc.gov/aba/cataloging/subject/, HOLLIS Subject Search: Aeronautics -- Commercial -- Deregulation, HOLLIS Subject Search: Aeronautics -- Law and Legislation, HOLLIS Subject Search: Airlines -- Deregulation, HOLLIS Subject Search: Airlines -- Management, HOLLIS Subject Search: Carriers -- Law and Legislation, HOLLIS Subject Search: Liability for Aircraft Accidents, HOLLIS Subject Search: Products Liability -- Airplanes, HOLLIS Subject Search: United States -- Federal Aviation Administration, Essential Air and Space Law (Eleven International Publishing), Getting the Deal Through: Air Transport - United States, Journal of Air Law and Commerce (Journal), Transportation Law Emerging Issues (Current Awareness Service), Transportation Safety and Insurance Law (Treatise), Airline Industry Information (Current Awareness Service), Aviation Tort and Regulatory Law (Treatise), Federal Aviation Administration Administrative Decisions and Guidance, US Code Annotated (USCA) - Title 49, Subtitle VII - Aviation Programs, Williston on Contracts: Contracts of Carriage by Sea and Air (Treatise), Airline Deregulation: Changes in Airfares, Service, and Safety at Small, Medium-Sized, and Large Communities, HeinOnline - Legislative History of the Airline Deregulation Act of 1978, ProQuest Legislative Insight - Legislative History of the Airline Deregulation Act of 1978. Although there is no rigid financial limit, a claim for less than 200,000 is likely to be transferred out of the Commercial Court unless it involves a point of special commercial interest. Mhlanga and Steyn (2017) found that South African Airways was ordered to pay more than 104 million Rand in. Users of airports are subject to airport charges, which are regulated by the CAA under the Civil Aviation Act 2012 and the Airport Charges Regulation 2011. In case you havent already, be sure to read up on Political Factors, Economic Factors, Social Factors, Technological Factors, and Environmental Factors before continuing on. 10. For example, consumer law results in large companies having to dedicate a fair amount of their resources into putting out detailed information about their products and policies. Finally, they can be seen affecting business of all scales, like Tesco and Anthropologie. Legal factors that impact on the aviation (airline) industry The aviation industry is widely impacted by a number of rules and regulations. Aviation Law > Air transport started in the 1920s. Article 26 and Annex 13 to that Convention make provisions for the investigation of air accidents. Much of the domestic legislation originates from European legislation, and there is no aviation-specific policy (presumably on the basis that there are a number of contributors to poor air quality). It may lead the companies to lower their prices, and as a result, thousands can lose their job. b) a ground handing company providing, as its primary function, any of the handling services listed in EU Directive 96/67/EC directly to an airport user for scheduled commercial flights at a commercial airport in England for a site or sites located in England. The UK is a party to the Chicago Convention 1944, which provides for availability, so far as practicable, of aerodromes in its territory (Article 28) and equality of conditions for use of aerodromes for international and domestic aircraft (Article 15). 'A PESTLE analysis of the aviation industry', notesmatic, [online]. Permission to appeal will only be given where the court considers that the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard. New airline Breeze Airways has had to increase pay by over 10% and expand recruitment to Australia to secure new pilots for its fleet (as reported by, As a final thought for 2022, we are likely to see a continued increase in air rage and related safety incidents. During the first half of 2021, there were 3,000 such incidents in the US (according to the. ) If you are an affiliate of Harvard Law School, you are welcome to contact us at research@law.harvard.edu for additional help. In the event that the defendant is established out of the jurisdiction, the court may permit a claim form to be served on the defendants agent provided that an agent for service of process has been appointed and that agents authority has not been terminated. There have been recent developments in relation to Regulation 261 in case law. Travelport, Amadeus, Sabre, etc. It is also not clear how long parties must wait before being able to rely on frustration does a few months delay in being able to perform a duty render the contract impossible or must they wait longer? A Harvard study suggests that more than 57% of today's youth will be obese at age 35. Examples include the legality of pyramid schemes, and laws governing importation and exportation. Published: 27/01/2022 Hot off the press 22/02/2023 Oil & Gas Regulation 20/02/2023 Public Procurement 15/02/2023 Private Client The airline industry has been hit particularly hard, as the number of people flying in the It's still running with the name of Air India. Overweight and obesity will challenge airports and airlines in the future. Databases may be protected by copyright and/or database rights. In addition, the CAA advises the UK Government on aviation issues, represents consumer interests, conducts economic and scientific research and produces statistical data. There is no prohibition of vertical integration between air operators and airports. If national air quality objectives are not likely to be met in an area, the local authority must declare it an Air Quality Management Area and then take active steps to improve air quality in that area. While tourism was mostly seen as a form of wanderlust or bonding experience, today it is a way to express social class and purchasing power through social media. But, in any case, any airline operating there is facing serious disruption to their normal sales and customer management plans. The Transport Act 2000 provides that an aircraft may be detained and sold where its operator has not paid charges relating to air navigation services provided by the CAA, the Secretary of State or Eurocontrol. Aviation is a well-regulated and protected industry. On 2 December 2015, a provisional deal was reached by the European Parliament and Council on an EU Directive regulating the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and was endorsed by the Civil Liberties, Justice and Home Affairs Committee on 10 December 2015. In the SAS/Maersk Air case, in which the parties notified a codeshare agreement to the EC for clearance, with an underlying cartel agreement in the form of a broad market-sharing agreement between the parties, the EC concluded that this agreement was a serious infringement of competition and fined the parties a total of 52.5 million, which was confirmed by the EU Court of First Instance (see COMP/37.444 SAS/Maersk Air and COMP/37.386 SUN Air/SAS and Maersk Air, 18 July 2001 (2001/716 EG) confirmed by CFI decision T-241/01, 18 July 2005). The links below are to sources related to this topic that are available in the Westlaw subscription legal research database. Among the key factors assessed using this method include: political factors, economic factors, social factors, technological factors, legal frameworks and environmental concerns. The CMA has an administrative (non-binding) timetable, to which it usually adheres, to take a decision on a notified merger within 40 working days of receiving a complete notification. Publishers sometimes publish a series of books on a single topic. Researching Aviation Law Topics: Selected Treatises Such permit will only be granted if the necessary traffic rights exist (under a bilateral international agreement or otherwise), and is also subject to satisfying the Department for Transport of compliance by the operator with administrative requirements relating to the carriers aircraft and its insurance arrangements. Firstly, the aviation industry has rebounded post-COVID much faster than many anticipated. The Civil Aviation Act 1982 and the Air Navigation Order 2009 stipulate that where an aerodrome is open for public use, the aerodrome must be available to all, on equal terms, whether they are foreign or domestic carriers. There are numerous other obligations imposed upon an airport operator by law of application not limited to aviation; for example, concerning employment, health and safety and disability discrimination. In June 2018, Parliament approved the plans for the third runway at Heathrow. The remedy is equitable and discretionary; a court will exercise considerable caution before granting it. Airline Industry Legal Issues. The UK has a relatively low threshold of originality for a work to be considered an original work which is protected by copyright.

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