Kenny Naboo & SIA safety

[Gladiator]

Dear Kenny Naboo, let me clear a point with you. I don't intend to hide my identity in this forum. Therefore, I am not sure what you mean by, "do you want me to spell your name in full?" Our work in this forum is very much public, everybody knows who I am. Whatever posted here is public information for public interest. Any court documents posted here is available to the public.

In regards to SIA safety (or for that matter Korean or Asiana), this is not about SIA or a training bond anymore. It is about passenger safety on all carriers, it is about public accountability. If we research and find info that is relevant to safety then you'll read about it.

Whether I'm, or I'm not **** hot makes no difference (except if I'm not, then that makes a point by itself since I used to be an SIA pilot). What makes a difference for the purpose of our discussion is that SIA's flight operations are not in accordance with ICAO international safety standards and recommended practices (By the way, my taxes pays ICAO's annual budget, does yours?). You'll read the details in court documents that will follow in due course.
If you're not patient, send me an e-mail and I'll send you some details.

Safety does not recognize Nationality. If you truly know me, then you know that I mean business.

[Kenny Naboo]

Gladiator,

You are insulting all the pilots in SIA by saying we are a dangerous lot to fly with. All your accusations so far are not substantiated by facts or details. Your only statement was public information. I have also done a lot of research into the matter.

Firstly, ICAO and FAA ISASI has rated Singapore as Category 1. meeting all ICAO regulations. ICAO is a non-governing body that does not have any regulatory jurisdiction over any country. It is merely consultative and advisory.

To date, SIA (SilkAir being a separate
entity), has not experience any hull loss or fatal accidents. Incidents and accidents are part and parcel of every airline's operations. Prove to me any major airline that has not experience any incident or accident.

Granted there may be lapses in SIA management over some safety issues. They are usually minor and rectified immediately when identified. As a former SIA staff, you should know better the "kiasu" mentality. Nobody wants to put his head on the chopping block in Singapore. In your own words, do you understand my drift?

Even if the safety part gets past management, the buck stops at the line crew. Our stringent command training program leaves the commanders with not letting any unsafe or potentially unsafe situation go unnoticed. Our expat commanders are also well aware. The truth in SIA is that no one on the ground overrides or try to convince the commander on operational matters. No dispatcher tells you how much fuel to carry or where to divert. Occasionally, ground staff at overseas stations may request diversions to specific airports for operational reasons, usually for passengers.
With triple IRS , dual GPS and Cat 3b equipped, diversions due to fog or viz has become far and few in between.

The commander makes his own decision and the Company stands by him if it is made in the interest of safety. This is the basic tenet in the SIA culture.

Operationally, there are the operational policy and fuel policy. The former details all the "how to do" in addition to the "what to do" Flight manual. The latter details the fuel uplift criteria, based on weather, airport conditions,etc.The fuel policy is very liberal compared to many major airlines. On a typical non-stop flight from Europe, the arrival fuel in Singapore, assuming the planned level was flown, is typically between 13,000 and 15,000 kg, good weather in SIN.

Our Minimum Equipment List meets, if not exceed international standards. Being so comprehensive and binding, it is extremely difficult to get into an unsafe aircraft configuration.

I am sure you are aware of all these. I want to tell the others who read this the true picture and I back it up. What about you? What do you back up with other than empty public information.

Singapore is a member of ICAO. I pay Singapore tax, so I guess I contribute a couple of cents too. What is the big deal with tax money going to ICAO anyway?

I must say that this has everything to do with your bonding agreement if you get my drift.

I know you well. I know you mean business. I have seen you at "work" in the cabin. You really mean business! As for the ****hot part, that was one of the reasons you left, wasn't it? Can't cope.

[MasterGreen]

I have to come into this discussion and agree with Kenny N.

I am on the B777 with SIA as an expat Commander and although I have plenty of things to grumble about, that is my right - I work here.

Certainly I have no problems with anything on the safety side. I fly a new airplane that is well looked after and as KN says, the MEL is very conservative. The SOPs are sound and, if anything, over cautious. The fuel policy is wonderfull. I can't remember in the last 30 odd years when I have had so much in hand. On the odd occasion when I have had those little hairs rising (you know the ones - just below the shoulder blades) and have added extra fuel - no problems at all. A reasonable reason is all that is required. The odd overshoot when I decided that the situation was more than a match for my limited skills was never a problem either.

Rostering can be a bastard sometimes and we do work hard - but fair enough - they pay us for that.

The discussion here seems to be around the bond. Well, frankly, I had a problem with that also, at the beginning. But what the hell. It was a take it or leave it situation and I was given all the facts from the getgo. I am a big boy now and I accepted it - and that's the end of it. The military was a far harder bargain.

So Gladiator if you are trying to work up some sympathy for your forthcoming court case on this forum - by all means - and power to your elbow. But don't go throwing out of context and factually inaccurate items in SIA's way - particularly on safety. There are lots of areas where you could dig a little dirt on SIA, but I fear that they wouldn't be all that novel.

If you have something concrete and factual to tell us - please do. I, for one, am all ears. But in the meantime easy on the innuendo - it will do you no good in the long run...

I, for one, am very happy to be flying with SIA. What I have to say to the contrary is a matter between myself, my peers and my boss. If I had any issues on safety, I would not be here. My personal feeling is that I am here / older / wiser than you and that your attention is being focused on the wrong tree.

MG


------------------

[Gladiator]

Kenny and Mastergreen,

Amongst other safety issues for the sake of discussion, below are posts from the PPRuNe archives. One is a post from Skeltor on Sep 18, 1999, which includes Methusalah's post of May 19, 1999.

Would you care to answer points 2,3 and 4. Methusalah decided to sit this one out.

In addition to Skeltor's post I want to also add, does any SIA B747-400 or A-340 captains and first officers want to challenge me on this issue?

Let's look at the posts from the archives:

Good on you Gladiator, where can I send my $100 contribution?

Methusalah

Here is your post of 19 May 1999 06:48
On a normally two-crew aircraft, if the duty period requires that only a 'third pilot' be carried then, according our company's philosophy, he shall take his "break" on the jump seat. Even on a B747-400, fitted with bunks, the third man is not supposed to use them, he will remain on the Flight deck if the crew is One captain and two first Officers. Only when we fly as two captains and one F/O can the bunks be used with a three man crew.
The rationale for not using the bunk when in the "One Capt/two F/O" situation, is, so I am told, that, the other pilot simply relieves the load, "as a flight Engineer would have done", over a same/similar length sector.
On a trip to Auckland, a few years ago, I had two F/O's, one with a whole month on type after the A310 and the other with a whole month on type after his initial training - out and inbound I did not leave my seat, not a matter of trust but more a case of them having significantly insufficient experience to be left alone in the two 'driving seats' in the event of a whole number of system failures that could have had serious effect before I could have re-gained my seat (not all failures are totally covered by the Check-list), out-board engine seizure, subsequent auto-pilot drop-out just to name one.
Some airlines will train their F/O's in the L/H seat, (included in their bi-annual check-ride) and then why not use the bunks?, keep everybody a little bit more fresh.
When all aircraft were 2 crew or 3 crew it was so simple, why don't the appropriate regulators now step in and put together an internationally acceptable policy for 'multi-pilot-operations?
End of post.

I have several questions and comments for you Methusalah.

1. We former SIA first officers know that in real life SIA does not operate the way you described it.

2. If you are of the 5% minority captains that do not leave his seat, good on you, you are safe. But the 95% majority does leave and go into the bunk. Does this then qualify SIA as an unsafe operation?

3. You have already explained how it is possible to have two inexperienced F/Os in the driving seats. Some may not be from A310; they may be brand new F/Os. Does this then qualify SIA as an unsafe operation?

4. Even if the captain did not go into the bunk, do you think it is possible to switch seats in the middle of an upset? Let's use the aerobat A310 as an example of an upset.

5. Be careful what you reveal about the operation of your employer you ol sly fox, you may find yourself appearing in a court somewhere.

Any other SIA first officers want to challenge me on this?

Gladiator my affidavit about the truth and SIA operation is yours anytime anyplace.

[Gladiator]

Kenny,

I see you have eased off a little bit on personal points on me and focusing on the subject on hand. Continue to do so and we can discuss the issues and hopefully we can learn from each other. Otherwise it will degenerate and focus will be lost.

I like how you try to distant SIA from SilkAir. That's fine and understandable under the CIRCUMSTANCES. For the purpose of this case however, my contract states that:

'THE TRAINEE agrees to remain in the service of SIA during the period of training and thereafter to continue to serve SIA or to enter into the service of the SUBSIDIARY'

So let's keep them, SIA and SilkAir (the subsidiary) as one.

In your own words, I agree that ICAO is a non-governing body that does not have any regulation jurisdiction over any country. It is merely consultative & advisory.

This case is not a case of ICAO vs. SIA. It is not FAA vs. SIA either. It is safety standards vs. SIA. Whose safety standards? You tell me Kenny.

1- Does safety matter?

2- Who sets the INTERNATIONAL safety standards?

3- Are you saying that SIA is exempt from ICAO's international safety standards? Or are you saying that SIA meets ICAO's international safety standards.

4- Or are you saying SIA sets their own safety standards?

5- Or are you saying CAAS sets SIA's safety standards?

6- What would your assessment of the situation be if SIA did not meet ICAO's international safety standards.

7- What would your assessment of the situation be if SIA did not meet CAAS's safety standards?

8- Did you in your research of ICAO matters realize the difference between safety standards and recommended practices?

Please review the articles of the convention on international civil aviation.

Please review ICAO's Annex 1 (Personnel licensing).

Please review ICAO's Annex 6 (Operations of aircraft) Part 1 (International Commercial Air Transport).

FAA's assessment was an assessment of CAAS, not an assessment of SIA. Even at that only after consultation did CAAS meet ICAO safety standards. However, I'm afraid under the microscope that's also going to be challenged.

I agree with your point about every airline, however, for the purpose of our discussion, only SIA is under the microscope and in front of a jury.

There are many other details I can't discuss for obvious reasons just yet, but will as soon as it becomes public information.

Please in your reply reference points 1 to 8.

Almost forgot Kenny, since 97 US taxpayers pay ICAO's $50 million annual budget.


[This message has been edited by Gladiator (edited 12 October 1999).]

[This message has been edited by Gladiator (edited 12 October 1999).]

[Kenny Naboo]

Gladiator,

I was very disappointed with having misjudged your character while you were here, hence the show of displeasure personally.

Before I answer your questions, I would like to clarify this. Will these safety issues be a part of your bonding agreement case or will they be heard separately? Who will be the jury?

I don't know if U.S pays all of ICAO's budgets but I know for sure the U.S. still owes the United Nations a lot of money. Maybe the U.S. taxpayers should pay more now.

[FalseCapture]

It is very obvious that Gladiator has an axe to grind with regards to his bond. Any tactician worth his salt will know that "the best defense is offense". What he is doing is to throw up a smoke screen in the hope that others will overlook the fact that he broke a LEGALLY BINDING CONTRACT (I, for one, do not call it a bond as it is clear from the very onset that this is part of a CONTRACT for your employment in SIA).

It is a waste of time rebutting Gladiator as he will continue writing the same stories without backing it up. The cases that are brought up had been discussed before. As Kenny Naboo mentioned, accidents and incidents are part and parcel of airline operations, and these will continue to occur. In my personal opinion, SIA has made it extremely clear throughout their training that SAFETY COMES FIRST. SIA will stand by the decision of the crew if it was made in the interest of safety. This means that I, as a FO, can override a Captain's decision if I deem it unsafe. Management will stand by my decision if I have a valid point. They have also made it very clear that should we have any queries/concerns with regards to operations, we could and should approach them to talk it over in order to further improve safety. As MasterGreen said, while we may not always agree with SIA with regards to remuneration/COPs etc... operations and safety is definitely not an issue.

Gladiator is now basically splitting legal hair by defining his own set of rules. It reminds me of a certain prominent American who lied through his teeth that he did not have any sexual contact with a certain intern.

[Gladiator]

Kenny I am sorry you are disappointed.
I was under the impression that you wanted to discuss some safety matters pertaining to SIA and safety. I thought you wanted proof. I initiated a discussion with you in order to provide you with some details. Just so there is no misunderstanding please correct me.

Do you wish to engage in this discussion?

If you do then there are points pending. If you don't, just say so directly. I even gave you the option of e-mail earlier. So what will it be?

The jury will be selected by the federal court out of ordinary people off the street. In this country we let the people look at the evidence and then let the people decide.

For the rest of you, you can mock our justice system as much as you please. It will not change any facts.

Any other challengers?

[Gladiator]

Read through this again Kenny, it will answer your other question.

Following is a joint status report by the Plaintiff and defendant attornies. All in original form. This case is presently active.
All material are public information under the freedom of information act.

United States District court.

Joint status report

Pusuant to the Court's Order dated July 14, 1999, the parties in the above-captioned action, hereby submit this joint Status Report. The numbered paragraphs below correspond to those recited in the order.

1. Nature of the case. On mAy 4, 1999, the plaintiff, Singapore Airlines Limited ("SIA"), filed this action against defendants xxx. xxx is a former pilot for SIA whom SIA alleges has breached bonding agreements that he entered into in exchange for training by SIA. xxx and xxx are sureties to one of the bonding agreements.
The agreements provided for xxx to remain in thr service of SIA for a total of seven years following the completion of his initial training as a 747 pilot. The agreements provided for schedules of liquidated damages to be paid by xxx should he leave the airline before completion of the specified period of service. SIA alleges that xxx left SIA prior to the expiration of the periods of service and thus owes damages to it based on the schedules set forth in the bonding agreements. SIA has also asserted a claim against xxx for unjust enrichment and payment of salary in lieu of notice.
The Defendants have jointly answered the complaint and denied all of SIA's claims. The defendants have asserted various affirmative defences alleging that SIA breached its agreements with xxx by requiring him to perform duties beyond his capacity as a first officer or co-pilot, and without possessing the license and qualifications required for the duties performed. Defendants allege that SIA conducted unsafe operations and provided an unsafe workplace, in violation of international aviation laws and standards, FAA regulations, and public policy. Defendants further allege that SIA's breaches of contract and unsafe operating practices discharged any alleged duties or liabilities of defendants to SIA, and rendered the liquidated damages clauses unenforceable. Defendants deny that xxx was unjustly enriched in any way.
The defendants have also asserted counterclaims that are consistent with these affirmative defenses. The counterclaims again allege that it was SIA who was in breach by requiring xxx to fly in a capacity for which he was not licensed or qualified, and by providing an unsafe work environment. In addition to monetary damages sought by xxx for SIA's alleged breach of contract, the defendants also seek a declaratory judgment that SIA engaged in unsafe airline operations in violation of international laws and standards, FAA regulations and public policy, as well as that any alleged contractual duties and liabilities of xxx and the surities were discharged by SIA's breaches of contract and other conduct.

2. Complexity of Discovery and Trial. The original claim by SIA is not complex. It asserts that there are written agreements between xxx, and sureties and SIA and that xxx and the surities are in breach. The trial may be complicated by issues of foreign law because the agreements contain a choice of law provision regarding Singapore law, and because defendants allege that international laws and standards (aviation)apply. Defendants affirmative defenses and counterclaims present more complex legal and factual issues because they propose a detailed inquiry into the flight operations, training, licensing and safety practices of SIA. The parties expect to serve written discovery in the near future. SIA expects to note the deposition of each defendant following written discovery, which it anticipates serving forthwith. Defendants anticipate taking depositions of currect and/or former employees of SIA. Defendants also may depose employees or representatives of the FAA, the international Civil Aviation Organization, the Civil Aviation Authority of Singapore, and/or other airlines. Experts may be called to testify concerning aviation regulations and safety issues. Before taking depositions, defendants expect to serve written discovery requests upon SIA.

3. Estimated Date as to When Discovery can be Completed. The Plaintiff estimates that discovery can be completed by April 1, 2000. The defendants estimate that discovery can be completed by July 15, 2000.

4. Trial by Court or Jury. Defendants provided notice to SIA in the late afternoon of August 12, 1999 that they were seeking a jury trial. However, as of 11:00 a.m. on August 13, 1999 no jury demand has been filed with the court; SIA therefore reserves the right to contest the Defendant's jury demand on the grounds that such demand was not timely filed.

5. Length of trial. The parties anticipate that the case can be tried in five days.

6. Pretrial Motions. SIA expects to bring pretrial motions challenging the sufficiency of certain of defendants defenses, and potentially dispositive motions concerning its claims and defendants counterclaims. Defendants expect to file pretrial motions regarding choice of law issues and the applications of international laws and standards to SIA operations, and dispositive motion(s) for dismissal of SIA claims amd/or judgment on their counterclaims.

7. Settlement Discussions: The parties are in communication and have had as yet unsuccessful, non-mediated settlement discussions.

8. Date for trial. SIA believes that this case will be ready for trial in the late spring or early summer of 2000. The defendants believe that this case will be ready for trial in the late summer or early fall of 2000.

RESPECTFULLY SUBMITTED this 13th day of August, 1999.

[Kenny Naboo]

Gladiator,

Sorry I missed the details of your case earlier. Thanks for posting them again. I now have a clear picture of what your intentions are. Mr.xxx used racism as a bargaining chip and you are using safety as one. I hope you succeed.

Like MasterGreen and FalseCapture, I know what you are up to. Another prominent American, a well respected one, said this:

:You can fool all of the people some of the time, some of the people all of the time but you can't fool all of the people all of the time.:

I can hear SIA's lawyers laughing at an American jury of ordinary people abritrating on whether SIA contravenes the Chicago Convention and ICAO recommendations. I don't intend to mock the U.S. justice system but you will have to go the International Court in The Hague to do the above. Check out your lawyer! Are you being taken for a ride like you are taking us for one?

I agree that it will be futile discussing with you further. Your intention is not to discuss safety but to gain SYMPATHY and most probably MONEY for your case. I wouldn't call you a CON-MAN because it is not polite to. I think you generally get my drift.

[Gladiator]

That's what I thought. Your reaction Kenny was as expected. Sympathy has nothing to do with our discussion. Neither has money.

What matters is this question, "why won't you discuss those points?" Defend your position. You challenged me to bring you something more than empty public information, etc. Now you are running away from a technical discussion. What happened to the perfect system with the "Kiasu" mentality (your own selection of words)?

It is obvious why you and other SIA pilots refuse to discuss these matters. Yet, you are all quick to defend what is being fed to you without enough information. Fuel policy and MELs are not enough. I actually wanted to invite you to the trial (all expences paid) so you can take back the information first hand to the rest of SIA pilots.

My intention of being here is to provide information. Information that you very well know you would otherwise never have access to.

The good news is I know you'll be reading it here anyway. The people will decide.

Two down. Any other challengers?

[Kenny Naboo]

Gladiator,

No point in talking anymore. Why don't we wait for the verdict to see who has the last laugh? It could be you or it could be me.

BTW, I am not here to win an argument. All I did was to put the record straight that we operate a safe airline. By not responding to your accusations others may get the impression that SIA is as dangerous as you claimed.

You may think you have won the argument. I will let you think that you have won this battle here but the war will be fought between you and SIA in court. Final victory has yet to be decided.



[This message has been edited by Kenny Naboo (edited 13 October 1999).]

[Gladiator]

Indeed we will.

Does any SIA pilot want to volunteer to come to the trial in the US in order to take back first hand information? If so, your expenses will be covered including any pay lost from work. Bring your family and golf clubs.

[Gladiator]

All reference material:

Stauffacher & Partner Rechtsanwalte
Attorneys at Law
Resources on International Air Law

CHICAGO CONVENTION
CONVENTION ON INTERNATIONAL CIVIL AVIATION
(SIGNED AT CHICAGO, ON 7 DECEMBER 1944)
Back to Air Law Resources
--------------------------------------------------------------------------------

Preamble

WHEREAS the future development of international civil aviation can
greatly help to create and preserve friendship and understanding among the
nations and peoples of the world, yet its abuse can become a threat to the
general security; and

WHEREAS it is desirable to avoid friction and to promote that
cooperation between nations and peoples upon which the peace of the world
depends;

THEREFORE, the undersigned governments having agreed on
certain principles and arrangements in order that international civil aviation
may be developed in a safe and orderly manner and that international air
transport services may be established on the basis of equality of opportunity
and operated soundly and economically;

Have accordingly concluded this Convention to that end.


PART I

AIR NAVIGATION

CHAPTER I

GENERAL PRINCIPLES AND APPLICATION
OF THE CONVENTION


Article 1 --- Sovereignty

The contracting States recognize that every State has complete and
exclusive sovereignty over the airspace above its territory.


Article 2 --- Territory

For the purposes of this Convention the territory of a State shall be
deemed to be the land areas and territorial waters adjacent thereto under the
sovereignty, suzerainty, protection or mandate of such State.


Article 3 --- Civil and state aircraft

(a) This Convention shall be applicable only to civil
aircraft, and shall not be applicable to state aircraft.
(b) Aircraft used in military, customs and police services
shall be deemed to be state aircraft.
(c) No state aircraft of a contracting State shall fly over the
territory of another State or land thereon without authorization by
special agreement or otherwise, and in accordance with the terms
thereof.
(d) The contracting States undertake, when issuing
regulations for their state aircraft, that they will have due regard for
the safety of navigation of civil aircraft.


Article 4 --- Misuse of civil aviation

Each contracting State agrees not to use civil aviation for any
purpose inconsistent with the aims of this Convention.

CHAPTER II

FLIGHT OVER TERRITORY OF
CONTRACTING STATES


Article 5 --- Right of non-scheduled flight

Each contracting State agrees that all aircraft of the other
contracting States, being aircraft not engaged in scheduled international
air services shall have the right, subject to the observance of the terms of
this Convention, to make flights into or in transit non-stop across its
territory and to make stops for non-traffic purposes without the necessity
of obtaining prior permission, and subject to the right of the State flown
over to require landing. Each contracting State nevertheless reserves the
right, for reasons of safety of flight, to require aircraft desiring to
proceed over regions which are inaccessible or without adequate air
navigation facilities to follow prescribed routes, or to obtain special
permission for such flights.

Such aircraft, if engaged in the carriage of passengers, cargo, or mail
for remuneration or hire on other than scheduled international air services,
shall also, subject to the provisions of Article 7, have the privilege of
taking on or discharging passengers, cargo, or mail, subject to the right of
any State where such embarkation or discharge takes place to impose such
regulations, conditions or limitations as it may consider desirable.


Article 6 --- Scheduled air services

No scheduled international air service may be operated over or into the
territory of a contracting State, except with the special permission or
other authorization of that State, and in accordance with the terms of such
permission or authorization.


Article 7 --- Cabotage

Each contracting State shall have the right to refuse permission to the
aircraft of other contracting States to take on in its territory passengers,
mail and cargo carried for remuneration or hire and destined for another
point within its territory. Each contracting State undertakes not to enter
into any arrangements which specifically grant any such privilege on an
exclusive basis to any other State or an airline of any other State, and not
to obtain any such exclusive privilege from any other State.


Article 8 --- Pilotless aircraft

No aircraft capable of being flown without a pilot shall be flown
without a pilot over the territory of a contracting State without special
authorization by that State and in accordance with the terms of such
authorization. Each contracting State undertakes to insure that the flight
of such aircraft without a pilot in regions open to civil aircraft shall be
so controlled as to obviate danger to civil aircraft.


Article 9 --- Prohibited areas

(a) Each contracting State may, for reasons of military necessity
or public safety, restrict or prohibit uniformly the aircraft of other
States from flying over certain areas of its territory, provided that
no distinction in this respect is made between the aircraft of the
State whose territory is involved, engaged in international scheduled
airline services, and the aircraft of the other contracting States
likewise engaged. Such prohibited areas shall be of reasonable extent
and location so as not to interfere unnecessarily with air navigation.
Descriptions of such prohibited areas in the territory of a contracting
State, as well as any subsequent alterations therein, shall be
communicated as soon as possible to the other contracting States and to
the International Civil Aviation Organization.

(b) Each contracting State reserves also the right, in exceptional
circumstances or during a period of emergency, or in the interest of
public safety, and with immediate effect, temporarily to restrict or
prohibit flying over the whole or any part of its territory, on
condition that such restriction or prohibition shall be applicable
without distinction of nationality to aircraft of all other States.

(c) Each contracting State, under such regulations as it may
prescribe, may require any aircraft entering the areas contemplated in
subparagraphs (a) or (b) above to effect a landing as soon as
practicable thereafter at some designated airport within its territory.


Article 10 --- Landing at customs airport

Except in a case where, under the terms of this Convention or a special
authorization, aircraft are permitted to cross the territory of a
contracting State without landing, every aircraft which enters the territory
of a contracting State shall, if the regulations of that State so require,
land at an airport designated by that State for the purpose of customs and
other examination. On departure from the territory of a contracting State,
such aircraft shall depart from a similarly designated customs airport.
Particulars of all designated customs airports shall be published by the
State and transmitted to the International Civil Aviation Organization
established under Part II of this Convention for communication to all other
contracting States.


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 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 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.


Article 16 --- Search of aircraft

The appropriate authorities of each of the contracting States shall
have the right, without unreasonable delay, to search aircraft of the other
contracting States on landing or departure, and to inspect the certificates
and other documents prescribed by this Convention.

CHAPTER III

NATIONALITY OF AIRCRAFT


Article 17 --- Nationality of aircraft

Aircraft have the nationality of the State in which they are
registered.


Article 18 --- Dual registration

An aircraft cannot be validly registered in more than one State, but
its registration may be changed from one State to another.


Article 19 --- National laws governing registration

The registration or transfer of registration of aircraft in any
contracting State shall be made in accordance with its law and regulations.


Article 20 --- Display of marks

Every aircraft engaged in international air navigation shall bear its
appropriate nationality and registration marks.


Article 21 --- Report of registrations

Each contracting State undertakes to supply to any other contracting
State or to the International Civil Aviation Organization, on demand,
information concerning the registration and ownership of any particular
aircraft registered in that State. In addition, each contracting State shall
furnish reports to the International Civil Aviation Organization, under such
regulations as the latter may prescribe, giving such pertinent data as can
be made available concerning the ownership and control of aircraft
registered in that State and habitually engaged in international air
navigation. The data thus obtained by the International Civil Aviation
Organization shall be made available by it on request to the other
contracting States.

CHAPTER IV

MEASURES TO FACILITATE AIR NAVIGATION


Article 22 --- Facilitation of formalities

Each contracting State agrees to adopt all practicable measures,
through the issuance of special regulations or otherwise, to facilitate and
expedite navigation by aircraft between the territories of contracting
States, and to prevent unnecessary delays to aircraft, crews, passengers and
cargo, especially in the administration of the laws relating to immigration,
quarantine, customs and clearance.


Article 23 --- Customs and immigration procedures

Each contracting State undertakes, so far as it may find practicable,
to establish customs and immigration procedures affecting international air
navigation in accordance with the practices which may be established or
recommended from time to time, pursuant to this Convention. Nothing in this
Convention shall be construed as preventing the establishment of
customs-free airports.


Article 24 --- Customs duty

(a) Aircraft on a flight to, from, or across the territory of
another contracting State shall be admitted temporarily free of duty,
subject to the customs regulations of the State. Fuel, lubricating
oils, spare parts, regular equipment and aircraft stores on board an
aircraft of a contracting State, on arrival in the territory of another
contracting State and retained on board on leaving the territory of
that State shall be exempt from customs duty, inspection fees or
similar national or local duties and charges. This exemption shall not
apply to any quantities or articles unloaded, except in accordance with
the customs regulations of the State, which may require that they shall
be kept under customs supervision.

(b) Spare parts and equipment imported into the territory of a
contracting State for incorporation in or use on an aircraft of another
contracting State engaged in international air navigation shall be
admitted free of customs duty, subject to compliance with the
regulations of the State concerned, which may provide that the articles
shall be kept under customs supervision and control.


Article 25 --- Aircraft in distress

Each contracting State undertakes to provide such measures of
assistance to aircraft in distress in its territory as it may find
practicable, and to permit, subject to control by its own authorities, the
owners of the aircraft or authorities of the State in which the aircraft is
registered to provide such measures of assistance as may be necessitated by
the circumstances. Each contracting State, when undertaking search for
missing aircraft, will collaborate in coordinated measures which may be
recommended from time to time pursuant to this Convention.


Article 26 --- Investigation of accidents

In the event of an accident to an aircraft of a contracting State
occurring in the territory of another contracting State, and involving death
or serious injury, or indicating serious technical defect in the aircraft or
air navigation facilities, the State in which the accident occurs will
institute an inquiry into the circumstances of the accident, in accordance,
so far as its laws permit, with the procedure which may be recommended by
the International Civil Aviation Organization. The State in which the
aircraft is registered shall be given the opportunity to appoint observers
to be present at the inquiry and the State holding the inquiry shall
communicate the report and findings in the matter to that State.


Article 27 --- Exemption from seizure on patent claims

(a) While engaged in international air navigation, any authorized
entry of aircraft of a contracting State into the territory of another
contracting State or authorized transit across the territory of such
State with or without landings shall not entail any seizure or
detention of the aircraft or any claim against the owner or operator
thereof or any other interference therewith by or on behalf of such
State or any person therein, on the ground that the construction,
mechanism, parts, accessories or operation of the aircraft is an
infringement of any patent, design, or model duly granted or registered
in the State whose territory is entered by the aircraft, it being
agreed that no deposit of security in connection with the foregoing
exemption from seizure or detention of the aircraft shall in any case
be required in the State entered by such aircraft.

(b) The provisions of paragraph (a) of this Article shall also be
applicable to the storage of spare parts and spare equipment for the
aircraft and the right to use and install the same in the repair of an
aircraft of a contracting State in the territory of any other
contracting State, provided that any patented part or equipment so
stored shall not be sold or distributed internally in or exported
commercially from the contracting State entered by the aircraft.

(c) The benefits of this Article shall apply only to such States,
parties to this Convention, as either (1) are parties to the
International Convention for the Protection of Industrial Property and
to any amendments thereof; or (2) have enacted patent laws which
recognize and give adequate protection to inventions made by the
nationals of the other States parties to this Convention.


Article 28 --- Air navigation facilities and standard systems

Each contracting State undertakes, so far as it may find practicable,
to:
(a) Provide, in its territory, airports, radio services,
meteorological services and other air navigation facilities to
facilitate international air navigation, in accordance with the
standards and practices recommended or established from time to
time, pursuant to this Convention;

(b) Adopt and put into operation the appropriate standard
systems of communications procedure, codes, markings, signals,
lighting and other operational practices and rules which may be
recommended or established from time to time, pursuant to this
Convention;

(c) Collaborate in international measures to secure the
publication of aeronautical maps and charts in accordance with
standards which may be recommended or established from time to
time, pursuant to this Convention.

CHAPTER V

CONDITIONS TO BE FULFILLED
WITH RESPECT TO AIRCRAFT


Article 29 --- Documents carried in aircraft

Every aircraft of a contracting State, engaged in international
navigation, shall carry the following documents in conformity with the
conditions prescribed in this Convention:

(a) Its certificate of registration;

(b) Its certificate of airworthiness;

(c) The appropriate licenses for each member of the crew;

(d) Its journey log book;

(e) If it is equipped with radio apparatus, the aircraft radio
station license;

(f) If it carries passengers, a list of their names and places
of embarkation and destination;

(g) If it carries cargo, a manifest and detailed declarations
of the cargo.


Article 30 --- Aircraft radio equipment

(a) Aircraft of each contracting State may, in or over the
territory of other contracting States, carry radio transmitting
apparatus only if a license to install and operate such apparatus has
been issued by the appropriate authorities of the State in which the
aircraft is registered. The use of radio transmitting apparatus in the
territory of the contracting State whose territory is flown over shall
be in accordance with the regulations prescribed by that State.

(b) Radio transmitting apparatus may be used only by
members of the flight crew who are provided with a special license
for the purpose, issued by the appropriate authorities of the State
in which the aircraft is registered.


Article 31 --- Certificates of airworthiness

Every aircraft engaged in international navigation shall be provided
with a certificate of airworthiness issued or rendered valid by the State in
which it is registered.


Article 32 --- Licenses of personnel

(a) The pilot of every aircraft and the other members of
the operating crew of every aircraft engaged in international
navigation shall be provided with certificates of competency and
licenses issued or rendered valid by the State in which the aircraft
is registered.

(b) Each contracting State reserves the right to refuse to
recognize, for the purpose of flight above its own territory,
certificates of competency and licenses granted to any of its
nationals by another contracting State.


Article 33 --- Recognition of certificates and licenses

Certificates of airworthiness and certificates of competency and
licenses issued or rendered valid by the contracting State in which the
aircraft is registered, shall be recognized as valid by the other
contracting States, provided that the requirements under which such
certificates or licenses were issued or rendered valid are equal to or above
the minimum standards which may be established from time to time pursuant to
this Convention.


Article 34 --- Journey log books

There shall be maintained in respect of every aircraft engaged in
international navigation a journey log book in which shall be entered
particulars of the aircraft, its crew and of each journey, in such form as
may be prescribed from time to time pursuant to this Convention.


Article 35 --- Cargo restrictions

(a) No munitions of war or implements of war may be
carried in or above the territory of a State in aircraft engaged in
international navigation, except by permission of such State. Each
State shall determine by regulations what constitutes munitions of
war or implements of war for the purposes of this Article, giving
due consideration, for the purposes of uniformity, to such
recommendations as the International Civil Aviation Organization
may from time to time make.

(b) Each contracting State reserves the right, for reasons
of public order and safety, to regulate or prohibit the carriage in or
above its territory of articles other than those enumerated in
paragraph (a): provided that no distinction is made in this respect
between its national aircraft engaged in international navigation and
the aircraft of the other States so engaged; and provided further that
no restriction shall be imposed which may interfere with the
carriage and use on aircraft of apparatus necessary for the
operation or navigation of the aircraft or the safety of the personnel
or passengers.


Article 36 --- Photographic apparatus

Each contracting State may prohibit or regulate the use of
photographic apparatus in aircraft over its territory.

CHAPTER VI

INTERNATIONAL STANDARDS
AND RECOMMENDED PRACTICES


Article 37 --- Adoption of international standards and procedures

Each contracting State undertakes to collaborate in securing the
highest practicable degree of uniformity in regulations, standards,
procedures, and organization in relation to aircraft, personnel, airways and
auxiliary services in all matters in which such uniformity will facilitate
and improve air navigation.
To this end the International Civil Aviation Organization shall adopt
and amend from time to time, as may be necessary, international standards
and recommended practices and procedures dealing with:

(a) Communications systems and air navigation aids,
including ground marking;

(b) Characteristics of airports and landing areas;

(c) Rules of the air and air traffic control practices;

(d) Licensing of operating and mechanical personnel;

(e) Airworthiness of aircraft;

(f) Registration and identification of aircraft;

(g) Collection and exchange of meteorological
information;

(h) Log books;

(i) Aeronautical maps and charts;

(j) Customs and immigration procedures;

(k) Aircraft in distress and investigation of accidents;
and such other matters concerned with the safety, regularity, and efficiency
of air navigation as may from time to time appear appropriate.


Article 38 --- Departures from international standards and procedures

Any State which finds it impracticable to comply in all respects with
any such international standard or procedure, or to bring its own
regulations or practices into full accord with any international standard or
procedure after amendment of the latter, or which deems it necessary to
adopt regulations or practices differing in any particular respect from
those established by an international standard, shall give immediate
notification to the International Civil Aviation Organization of the
differences between its own practice and that established by the
international standard. In the case of amendments to international
standards, any State which does not make the appropriate amendments to its
own regulations or practices shall give notice to the Council within sixty
days of the adoption of the amendment to the international standard, or
indicate the action which it proposes to take. In any such case, the Council
shall make immediate notification to all other states of the difference
which exists between one or more features of an international standard and
the corresponding national practice of that State.


Article 39 --- Endorsement of certificates and licenses

(a) Any aircraft or part thereof with respect to which there
exists an international standard of airworthiness or performance,
and which failed in any respect to satisfy that standard at the time
of its certification, shall have endorsed on or attached to its
airworthiness certificate a complete enumeration of the details in
respect of which it so failed.

(b) Any person holding a license who does not satisfy in
full the conditions laid down in the international standard relating
to the class of license or certificate which he holds shall have
endorsed on or attached to his license a complete enumeration of
the particulars in which he does not satisfy such conditions.


Article 40 --- Validity of endorsed certificates and licenses

No aircraft or personnel having certificates or licenses so endorsed
shall participate in international navigation, except with the permission of
the State or States whose territory is entered. The registration or use of
any such aircraft, or of any certificated aircraft part, in any State other
than that in which it was originally certificated shall be at the discretion
of the State into which the aircraft or part is imported.


Article 41 --- Recognition of existing standards of airworthiness

The provisions of this Chapter shall not apply to aircraft and aircraft
equipment of types of which the prototype is submitted to the appropriate
national authorities for certification prior to a date three years after the
date of adoption of an international standard of airworthiness for such
equipment.


Article 42 --- Recognition of existing standards of competency of personnel

The provisions of this Chapter shall not apply to personnel whose
licences are originally issued prior to a date one year after initial
adoption of an international standard of qualification for such personnel;
but they shall in any case apply to all personnel whose licenses remain
valid five years after the date of adoption of such standard.

PART II

THE INTERNATIONAL CIVIL
AVIATION ORGANIZATION

CHAPTER VII

THE ORGANIZATION


Article 43 --- Name and composition

An organization to be named the International Civil Aviation
Organization is formed by the Convention. It is made up of an Assembly,
a Council, and such other bodies as may be necessary.


Article 44 --- Objectives

The aims and objectives of the Organization are to develop the
principles and techniques of international air navigation and to foster the
planning and development of international air transport so as to:

(a) Insure the safe and orderly growth of international civil
aviation throughout the world;

(b) Encourage the arts of aircraft design and operation for
peaceful purposes;

(c) Encourage the development of airways, airports, and
air navigation facilities for international civil aviation;

(d) Meet the needs of the peoples of the world for safe,
regular, efficient and economical air transport;

(e) Prevent economic waste caused by unreasonable
competition;

(f) Insure that the rights of contracting States are fully
respected and that every contracting State has a fair opportunity to
operate international airlines;

(g) Avoid discrimination between contracting States;

(h) Promote safety of flight in international air navigation;

(i) Promote generally the development of all aspects of
international civil aeronautics.


Article 45 --- Permanent seat

The permanent seat of the Organization shall be at such place as shall
be determined at the final meeting of the Interim Assembly of the
Provisional International Civil Aviation Organization set up by the Interim
Agreement on International Civil Aviation signed at Chicago on December 7,
1944. The seat may be temporarily transferred elsewhere by decision of the
Council, and otherwise than temporarily by decision of the Assembly, such
decision to be taken by the number of votes specified by the Assembly. The
number of votes so specified will not be less than three-fifths of the total
number of contracting States.


Article 46 --- First meeting of Assembly

The first meeting of the Assembly shall be summoned by the Interim
Council of the above-mentioned Provisional Organization as soon as the
Convention has come into force, to meet at a time and place to be decided by
the Interim Council.


Article 47 --- Legal capacity

The Organization shall enjoy in the territory of each contracting State
such legal capacity as may be necessary for the performance of its
functions. Full juridical personality shall be granted wherever compatible
with the constitution and laws of the State concerned.

CHAPTER VIII

THE ASSEMBLY


Article 48 --- Meetings of the Assembly and voting

(a) The Assembly shall meet not less than once in three years and shall be
convened by the Council at a suitable time and place. An extraordinary
meeting of the Assembly may be held at any time upon the call of the
Council or at the request of not less than one-fifth of the total number of
contracting States addressed to the Secretary General.

(b) All contracting States shall have an equal right to be represented at
the meetings of the Assembly and each contracting State shall be entitled
to one vote. Delegates representing contracting States may be assisted by
technical advisers who may participate in the meetings but shall have no
vote.

(c) A majority of the contracting States is required to constitute a
quorum for the meetings of the Assembly. Unless otherwise provided in this
Convention, decisions of the Assembly shall be taken by a majority of the
votes cast.


Article 49 --- Powers and duties of the Assembly

The powers and duties of the Assembly shall be to:

(a) Elect at each meeting its President and other officers;

(b) Elect the contracting States to be represented on the
Council, in accordance with the provisions of Chapter IX;

(c) Examine and take appropriate action on the reports of
the Council and decide on any matter referred to it by the Council;

(d) Determine its own rules of procedure and establish
such subsidiary commissions as it may consider to be necessary or
desirable;

(e) Vote annual budgets and determine the financial
arrangements of the Organization, in accordance with the
provisions of Chapter XII;

(f) Review expenditures and approve the accounts of the
Organization;

(g) Refer, at its discretion, to the Council, to subsidiary
commissions, or to any other body any matter within its sphere of
action;

(h) Delegate to the Council the powers and authority
necessary or desirable for the discharge of the duties of the
Organization and revoke or modify the delegations of authority at
any time;

(i) Carry out the appropriate provisions of Chapter XIII;

(j) Consider proposals for the modification or amendment
of the provisions of this Convention and, if it approves of the
proposals, recommend them to the contracting States in accordance
with the provisions of Chapter XXI;

(k) Deal with any matter within the sphere of action of the
Organization not specifically assigned to the Council.

CHAPTER IX

THE COUNCIL


Article 50 --- Composition and election of Council

(a) The Council shall be a permanent body responsible to
the Assembly. It shall be composed of thirty-three contracting
States elected by the Assembly. An election shall be held at the first
meeting of the Assembly and thereafter every three years, and the
members of the Council so elected shall hold office until the next
following election.

(b) In electing the members of the Council, the Assembly
shall give adequate representation to (1) the States of chief
importance in air transport; (2) the States not otherwise included
which make the largest contribution to the provision of facilities for
international civil air navigation; and (3) the States not otherwise
included whose designation will insure that all the major
geographic areas of the world are represented on the Council. Any
vacancy on the Council shall be filled by the Assembly as soon as
possible; any contracting State so elected to the Council shall hold
office for the unexpired portion of its predecessor's term of office.

(c) No representative of a contracting State on the Council
shall be actively associated with the operation of an international air
service or financially interested in such a service.


Article 51 --- President of Council

The Council shall elect its President for a term of three years. He
may be reelected. He shall have no vote. The Council shall elect from
among its members one or more Vice Presidents who shall retain their right
to vote when serving as acting President. The President need not be selected
from among the representatives of the members of the Council but, if a
representative is elected, his seat shall be deemed vacant and it shall be
filled by the State which he represented. The duties of the President shall be
to:

(a) Convene meetings of the Council, the Air Transport
Committee, and the Air Navigation Commission;

(b) Serve as representative of the Council; and

(c) Carry out on behalf of the Council the functions which
the Council assigns to him.


Article 52 --- Voting in Council

Decisions by the Council shall require approval by a majority of its
members. The Council may delegate authority with respect to any particular
matter to a committee of its members. Decisions o


[This message has been edited by Gladiator (edited 13 October 1999).]

[Gladiator]

of any committee of the
Council may be appealed to the Council by any interested contracting State.


Article 53 --- Participation without a vote

Any contracting State may participate, without a vote, in the
consideration by the Council and by its committees and commissions of any
question which especially affects its interests. No member of the Council
shall vote in the consideration by the Council of a dispute to which it is a
party.


Article 54 --- Mandatory functions of Council

The Council shall:

(a) Submit annual reports to the Assembly;

(b) Carry out the directions of the Assembly and discharge
the duties and obligations which are laid on it by this Convention;

(c) Determine its organization and rules of procedure;

(d) Appoint and define the duties of an Air Transport
Committee, which shall be chosen from among the representatives
of the members of the Council, and which shall be responsible to
it;

(e) Establish an Air Navigation Commission, in
accordance with the provisions of Chapter X;

(f) Administer the finances of the Organization in
accordance with the provisions of Chapters XII and XV;

(g) Determine the emoluments of the President of the
Council;

(h) Appoint a chief executive officer who shall be called
the Secretary General, and make provision for the appointment of
such other personnel as may be necessary, in accordance with the
provisions of Chapter XI;

(i) Request, collect, examine and publish information
relating to the advancement of air navigation and the operation of
international air services, including information about the costs of
operation and particulars of subsidies paid to airlines from public
funds;

(j) Report to contracting States any infraction of this
Convention, as well as any failure to carry out recommendations
or determinations of the Council;

(k) Report to the Assembly any infraction of this
Convention where a contracting State has failed to take appropriate
action within a reasonable time after notice of the infraction;

(l) Adopt, in accordance with the provisions of Chapter VI
of this Convention, international standards and recommended
practices; for convenience, designate them as Annexes to this
Convention; and notify all contracting States of the action taken;

(m) Consider recommendations of the Air Navigation
Commission for amendment of the Annexes and take action in
accordance with the provisions of Chapter XX;

(n) Consider any matter relating to the Convention which
any contracting State refers to it.


Article 55 --- Permissive functions of Council

The Council may:

(a) Where appropriate and as experience may show to be
desirable, create subordinate air transport commissions on a
regional or other basis and define groups of states or airlines with
or through which it may deal to facilitate the carrying out of the
aims of this Convention;

(b) Delegate to the Air Navigation Commission duties
additional to those set forth in the Convention and revoke or
modify such delegations of authority at any time;

(c) Conduct research into all aspects of air transport and
air navigation which are of international importance, communicate
the results of its research to the contracting States, and facilitate the
exchange of information between contracting States on air transport
and air navigation matters;

(d) Study any matters affecting the organization and
operation of international air transport, including the international
ownership and operation of international air services on trunk
routes, and submit to the Assembly plans in relation thereto;

(e) Investigate, at the request of any contracting State, any
situation which may appear to present avoidable obstacles to the
development of international air navigation; and, after such
investigation, issue such reports as may appear to it desirable.

CHAPTER X

THE AIR NAVIGATION COMMISSION


Article 56 --- Nomination and appointment of Commission

The Air Navigation Commission shall be composed of fifteen members
appointed by the Council from among persons nominated by contracting States.
These persons shall have suitable qualifications and experience in the
science and practice of aeronautics. The Council shall request all
contracting States to submit nominations. The President of the Air
Navigation Commission shall be appointed by the Council.


Article 57 --- Duties of Commission

The Air Navigation Commission shall:

(a) Consider, and recommend to the Council for adoption,
modifications of the Annexes to this Convention;

(b) Establish technical subcommissions on which any
contracting State may be represented, if it so desires;

(c) Advise the Council concerning the collection and communication to the
contracting States of all information which it considers necessary and
useful for the advancement of air navigation.


CHAPTER XI

PERSONNEL


Article 58 --- Appointment of personnel

Subject to any rules laid down by the Assembly and to the provisions of
this Convention, the Council shall determine the method of appointment and
of termination of appointment, the training, and the salaries, allowances,
and conditions of service of the Secretary General and other personnel of
the Organization, and may employ or make use of the services of nationals of
any contracting State.


Article 59 --- International character of personnel

The President of the Council, the Secretary General, and other personnel
shall not seek or receive instructions in regard to the discharge of their
responsibilities from any authority external to the Organization. Each
contracting State undertakes fully to respect the international character of
the responsibilities of the personnel and not to seek to influence any of
its nationals in the discharge of their responsibilities.


Article 60 --- Immunities and privileges of personnel

Each contracting State undertakes, so far as possible under its
constitutional procedure, to accord to the President of the Council, the
Secretary General, and the other personnel of the Organization, the
immunities and privileges which are accorded to corresponding personnel of
other public international organizations. If a general international
agreement on the immunities and privileges of international civil servants
is arrived at, the immunities and privileges accorded to the President, the
Secretary General, and the other personnel of the Organization shall be the
immunities and privileges accorded under that general international
agreement.

CHAPTER XII

FINANCE


Article 61 --- Budget and apportionment of expenses

The Council shall submit to the Assembly annual budgets, annual statements
of accounts and estimates of all receipts and expenditures. The Assembly
shall vote the budgets with whatever modification it sees fit to prescribe,
and, with the exception of assessments under Chapter XV to States consenting
thereto, shall apportion the expenses of the Organization among the
contracting States on the basis which it shall from time to time determine.


Article 62 --- Suspension of voting power

The Assembly may suspend the voting power in the Assembly and
in the Council of any contracting State that fails to discharge within a
reasonable period its financial obligations to the Organization.


Article 63 --- Expenses of delegations and other representatives

Each contracting State shall bear the expenses of its own delegation
to the Assembly and the remuneration, travel, and other expenses of any
person whom it appoints to serve on the Council, and of its nominees or
representatives on any subsidiary committees or commissions of the
Organization.

CHAPTER XIII

OTHER INTERNATIONAL ARRANGEMENTS


Article 64 --- Security arrangements

The Organization may, with respect to air matters within its
competence directly affecting world security, by vote of the Assembly enter
into appropriate arrangements with any general organization set up by the
nations of the world to preserve peace.


Article 65 --- Arrangements with other international bodies

The Council, on behalf of the Organization, may enter into
agreements with other international bodies for the maintenance of common
services and for common arrangements concerning personnel and, with the
approval of the Assembly, may enter into such other arrangements as may
facilitate the work of the Organization.


Article 66 --- Functions relating to other agreements

(a) The Organization shall also carry out the functions
placed upon it by the International Air Services Transit Agreement
and by the International Air Transport Agreement drawn up at
Chicago on December 7, 1944, in accordance with the terms and
conditions therein set forth.

(b) Members of the Assembly and the Council who have
not accepted the International Air Services Transit Agreement or
the International Air Transport Agreement drawn up at Chicago on
December 7, 1944 shall not have the right to vote on any questions
referred to the Assembly or Council under the provisions of the
relevant Agreement.

PART III

INTERNATIONAL AIR TRANSPORT

CHAPTER XIV

INFORMATION AND REPORTS


Article 67 --- File reports with Council

Each contracting State undertakes that its international airlines shall,
in accordance with requirements laid down by the Council, file with the
Council traffic reports, cost statistics and financial statements showing
among other things all receipts and the sources thereof.


CHAPTER XV

AIRPORTS AND OTHER AIR
NAVIGATION FACILITIES


Article 68 --- Designation of routes and airports

Each contracting State may, subject to the provisions of this
Convention, designate the route to be followed within its territory by any
international air service and the airports which any such service may use.


Article 69 --- Improvement of air navigation facilities

If the Council is of the opinion that the airports or other air navigation
facilities, including radio and meteorological services, of a contracting
State are not reasonably adequate for the safe, regular, efficient, and
economical operation of international air services, present or contemplated,
the Council shall consult with the State directly concerned, and other
States affected, with a view to finding means by which the situation may be
remedied, and may make recommendations for that purpose. No contracting
State shall be guilty of an infraction of this Convention if it fails to
carry out these recommendations.


Article 70 --- Financing of air navigation facilities

A contracting State, in the circumstances arising under the provisions of
Article 69, may conclude an arrangement with the Council for giving effect
to such recommendations. The State may elect to bear all of the costs
involved in any such arrangement. If the State does not so elect, the
Council may agree, at the request of the State, to provide for all or a
portion of the costs.


Article 71 --- Provision and maintenance of facilities by Council

If a contracting State so requests, the Council may agree to provide, man,
maintain, and administer any or all of the airports and other air navigation
facilities including radio and meteorological services, required in its
territory for the safe, regular, efficient and economical operation of the
international air services of the other contracting States, and may specify
just and reasonable charges for the use of the facilities provided.


Article 72 --- Acquisition or use of land

Where land is needed for facilities financed in whole or in part by the
Council at the request of a contracting State, that State shall either
provide the land itself, retaining title if it wishes, or facilitate the use
of the land by the Council on just and reasonable terms and in accordance
with the laws of the State concerned.


Article 73 --- Expenditure and assessment of funds

Within the limit of the funds which may be made available to it by the
Assembly under Chapter XII, the Council may make current expenditures for
the purposes of this Chapter from the general funds of the Organization. The
Council shall assess the capital funds required for the purposes of this
Chapter in previously agreed proportions over a reasonable period of time to
the contracting States consenting thereto whose airlines use the facilities.
The Council may also assess to States that consent any working funds that
are required.


Article 74 --- Technical assistance and utilization of revenues

When the Council, at the request of a contracting State, advances funds or
provides airports or other facilities in whole or in part, the arrangement
may provide, with the consent of that State, for technical assistance in the
supervision and operation of the airports and other facilities, and for the
payment, from the revenues derived from the operation of the airports and
other facilities, of the operating expenses of the airports and the other
facilities, and of interest and amortization charges.


Article 75 --- Taking over of facilities from Council

A contracting State may at any time discharge any obligation into which it
has entered under Article 70, and take over airports and other facilities
which the Council has provided in its territory pursuant to the provisions
of Articles 71 and 72, by paying to the Council an amount which in the
opinion of the Council is reasonable in the circumstances. If the State
considers that the amount fixed by the Council is unreasonable it may appeal
to the Assembly against the decision of the Council and the Assembly may
confirm or amend the decision of the Council.


Article 76 --- Return of funds

Funds obtained by the Council through reimbursement under Article 75 and
from receipts of interest and amortization payments under Article 74 shall,
in the case of advances originally financed by States under Article 73, be
returned to the States which were originally assessed in the proportion of
their assessments, as determined by the Council.


CHAPTER XVI

JOINT OPERATING ORGANIZATIONS
AND POOLED SERVICES


Article 77 --- Joint operating organizations permitted

Nothing in this Convention shall prevent two or more contracting States
from constituting joint air transport operating organizations or
international operating agencies and from pooling their air services on any
routes or in any regions, but such organizations or agencies and such pooled
services shall be subject to all the provisions of this Convention,
including those relating to the registration of agreements with the Council.
The Council shall determine in what manner the provisions of this Convention
relating to nationality of aircraft shall apply to aircraft operated by
international operating agencies.


Article 78 --- Function of Council

The Council may suggest to contracting States concerned that they form
joint organizations to operate air services on any routes or in any regions.


Article 79 --- Participation in operating organizations

A State may participate in joint operating organizations or in pooling
arrangements, either through its government or through an airline company or
companies designated by its government. The companies may, at the sole
discretion of the State concerned, be state-owned or partly state-owned or
privately owned.

PART IV

FINAL PROVISIONS

CHAPTER XVII

OTHER AERONAUTICAL AGREEMENTS
AND ARRANGEMENTS


Article 80 --- Paris and Habana Conventions

Each contracting State undertakes, immediately upon the coming into force
of this Convention, to give notice of denunciation of the Convention
relating to the Regulation of Aerial Navigation signed at Paris on October
13, 1919 or the Convention on Commercial Aviation signed at Habana on
February 20, 1928, if it is a party to either. As between contracting
States, this Convention supersedes the Conventions of Paris and Habana
previously referred to.


Article 81 --- Registration of existing agreements

All aeronautical agreements which are in existence on the coming into force
of this Convention, and which are between a contracting State and any other
State or between an airline of a contracting State and any other State or
the airline of any other State, shall be forthwith registered with the
Council.


Article 82 --- Abrogation of inconsistent arrangements

The contracting States accept this Convention as abrogating all obligations
and understandings between them which are inconsistent with its terms, and
undertake not to enter into any such obligations and understandings. A
contracting State which, before becoming a member of the Organization has
undertaken any obligations toward a non-contracting State or a national of a
contracting State or of a non-contracting State inconsistent with the terms
of this Convention, shall take immediate steps to procure its release from
the obligations. If an airline of any contracting State has entered into any
such inconsistent obligations, the State of which it is a national shall use
its best efforts to secure their termination forthwith and shall in any
event cause them to be terminated as soon as such action can lawfully be
taken after the coming into force of this Convention.


Article 83 --- Registration of new arrangements

Subject to the provisions of the preceding Article, any contracting
State may make arrangements not inconsistent with the provisions of this
Convention. Any such arrangement shall be forthwith registered with the
Council, which shall make it public as soon as possible.

CHAPTER XVIII

DISPUTES AND DEFAULT


Article 84 --- Settlement of disputes

If any disagreement between two or more contracting States relating to the
interpretation or application of this Convention and its Annexes cannot be
settled by negotiation, it shall, on the application of any State concerned
in the disagreement, be decided by the Council. No member of the Council
shall vote in the consideration by the Council of any dispute to which it is
a party. Any contracting State may, subject to Article 85, appeal from the
decision of the Council to an ad hoc arbitral tribunal agreed upon with the
other parties to the dispute or to the Permanent Court of International
Justice. Any such appeal shall be notified to the Council within sixty days
of receipt of notification of the decision of the Council.


Article 85 --- Arbitration procedure

If any contracting State party to a dispute in which the decision of the
Council is under appeal has not accepted the Statute of the Permanent Court
of International Justice and the contracting States parties to the dispute
cannot agree on the choice of the arbitral tribunal, each of the contracting
States parties to the dispute shall name a single arbitrator who shall name
an umpire. If either contracting State party to the dispute fails to name an
arbitrator within a period of three months from the date of the appeal, an
arbitrator shall be named on behalf of that State by the President of the
Council from a list of qualified and available persons maintained by the
Council. If, within thirty days, the arbitrators cannot agree on an umpire,
the President of the Council shall designate an umpire from the list
previously referred to. The arbitrators and the umpire shall then jointly
constitute an arbitral tribunal. Any arbitral tribunal established under
this or the preceding Article shall settle its own procedure and give its
decisions by majority vote, provided that the Council may determine
procedural questions in the event of any delay which in the opinion of the
Council is excessive.


Article 86 --- Appeals

Unless the Council decides otherwise any decision by the Council on whether
an international airline is operating in conformity with the provisions of
this Convention shall remain in effect unless reversed on appeal. On any
other matter, decisions of the Council shall, if appealed from, be suspended
until the appeal is decided. The decisions of the Permanent Court of
International Justice and of an arbitral tribunal shall be final and
binding.


Article 87 --- Penalty for non-conformity of airline

Each contracting State undertakes not to allow the operation of an airline
of a contracting State through the airspace above its territory if the
Council has decided that the airline concerned is not conforming to a final
decision rendered in accordance with the previous Article.


Article 88 --- Penalty for non-conformity by State

The Assembly shall suspend the voting power in the Assembly and in the
Council of any contracting State that is found in default under the
provisions of this Chapter.

CHAPTER XIX

WAR


Article 89 --- War and emergency conditions

In case of war, the provisions of this Convention shall not affect the
freedom of action of any of the contracting States affected, whether as
belligerents or as neutrals. The same principle shall apply in the case of
any contracting State which declares a state of national emergency and
notifies the fact to the Council.

CHAPTER XX

ANNEXES


Article 90 --- Adoption and amendment of Annexes

(a) The adoption by the Council of the Annexes described
in Article 54, subparagraph (l), shall require the vote of two-thirds
of the Council at a meeting called for that purpose and shall then
be submitted by the Council to each contracting State. Any such
Annex or any amendment of an Annex shall become effective
within three months after its submission to the contracting States or
at the end of such longer period of time as the Council may
prescribe, unless in the meantime a majority of the contracting
States register their disapproval with the Council.

(b) The Council shall immediately notify all contracting
States of the coming into force of any Annex or amendment
thereto.

CHAPTER XXI

RATIFICATIONS, ADHERENCES,
AMENDMENTS, AND DENUNCIATIONS


Article 91 --- Ratification of Convention

(a) This Convention shall be subject to ratification by the
signatory States. The instruments of ratification shall be deposited
in the archives of the Government of the United States of America,
which shall give notice of the date of the deposit to each of the
signatory and adhering States.

(b) As soon as this Convention has been ratified or
adhered to by twenty-six States it shall come into force between
them on the thirtieth day after deposit of the twenty-sixth
instrument. It shall come into force for each State ratifying
thereafter on the thirtieth day after the deposit of its instrument of
ratification.

(c) It shall be the duty of the Government of the United
States of America to notify the government of each of the signatory
and adhering States of the date on which this Convention comes
into force.


Article 92 --- Adherence to Convention

(a) This Convention shall be open for adherence by
members of the United Nations and States associated with them,
and States which remained neutral during the present world
conflict.

(b) Adherence shall be effected by a notification addressed
to the Government of the United States of America and shall take
effect as from the thirtieth day from the receipt of the notification
by the Government of the United States of America, which shall
notify all the contracting States.


Article 93 --- Admission of other States

States other than those provided for in Articles 91 and 92 (a) may,
subject to approval by any general international organization set up by the
nations of the world to preserve peace, be admitted to participation in this
Convention by means of a four-fifths vote of the Assembly and on such
conditions as the Assembly may prescribe: provided that in each case the
assent of any State invaded or attacked during the present war by the State
seeking admission shall be necessary.


Article 93 bis

(a) Notwithstanding the provisions of Articles 91, 92 and
93 above:

(1) A State whose government the General
Assembly of the United Nations has recommended be
debarred from membership in international agencies
established by or brought into relationship with the United
Nations shall automatically cease to be a member of the
International Civil Aviation Organization;

(2) A State which has been expelled from
membership in the United Nations shall automatically
cease to be a member of the International Civil Aviation
Organization unless the General Assembly of the United
Nations attaches to its act of expulsion a recommendation
to the contrary.

(b) A State which ceases to be a member of the
International Civil Aviation Organization as a result of the
provisions of paragraph (a) above may, after approval by the
General Assembly of the United Nations, be readmitted to the
International Civil Aviation Organization upon application and
upon approval by a majority of the Council.

(c) Members of the Organization which are suspended
from the exercise of the rights and privileges of membership in the
United Nations shall, upon the request of the latter, be suspended
from the rights and privileges of membership in this Organization.


Article 94 --- Amendment of Convention

(a) Any proposed amendment to this Convention must be
approved by a two-thirds vote of the Assembly and shall then come
into force in respect of States which have ratified such amendment
when ratified by the number of contracting States specified by the
Assembly. The number so specified shall not be less than two-
thirds of the total number of contracting States.

(b) If in its opinion the amendment is of such a nature as
to justify this course, the Assembly in its resolution recommending
adoption may provide that any State which has not ratified within
a specified period after the amendment has come into force shall
thereupon cease to be a member of the Organization and a party to
the Convention.


Article 95 --- Denunciation of Convention

(a) Any contracting State may give notice of denunciation
of this Convention three years after its coming into effect by
notification addressed to the Government of the United States of
America, which shall at once inform each of the contracting States.

(b) Denunciation shall take effect one year from the date
of the receipt of the notification and shall operate only as regards
the State effecting the denunciation.

CHAPTER XXII

DEFINITIONS


Article 96

For the purpose of this Convention the expression:

(a) "Air service" means any scheduled air service
performed by aircraft for the public transport of passengers, mail
or cargo.

(b) "International air service" means an air service which
passes through the air space over the territory of more than one
State.

(c) "Airline" means any air transport enterprise offering or
operating an international air service.

(d) "Stop for non-traffic purposes" means a landing for
any purpose other than taking on or discharging passengers, cargo
or mail.


SIGNATURE OF CONVENTION

IN WITNESS WHEREOF, the undersigned plenipotentiaries, having been duly
authorized, sign this Convention on behalf of their respective governments
on the dates appearing opposite their signatures.

DONE at Chicago the seventh day of December 1944, in the English language.
A text drawn up in the English, French and Spanish languages, each of which
shall be of equal authenticity, shall be open for signature at Washington,
D.C. Both texts shall be deposited in the archives of the Government of the
United States of America, and certified copies shall be transmitted by that
Government to the governments of all the States which may sign or adhere to
this Convention.


--------------------------------------------------------------------------------

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[Gladiator]

All reference material:

Stauffacher & Partner Rechtsanwalte
Attorneys at Law
Resources on International Air Law


Internatinal Aviation Safety Assessment

A foreign air carrier of a sovereign state desiring to conduct foreign air transportation operations into the United States files an application with the DOT for a foreign air carrier permit under the Federal Aviation Act, newly recodified at 49 U.S.C. 41302. Parts 211 and 302 of the Economic Regulations of Department Of Transportation (DOT), (14 Code of Federal Regulations (CFR) parts 211 and 302) prescribe the requirements for issuance of these authorities. Consistent with international law, certain safety requirements for operations into the United States are prescribed by the FAA's Part 129 regulations (14 CFR part 129). 14 CFR Part 129 specifies that the carrier must meet the safety standards contained in Part 1 (International Commercial Air Transport) of Annex 6 (Operations of Aircraft) to the Convention on International Civil Aviation (Chicago Convention). Before DOT issues a foreign air carrier permit, it notifies the FAA of the application and requests the FAA's evaluation of the respective CAA's capability for providing safety certification and continuing oversight for its international carriers.



[This message has been edited by Gladiator (edited 13 October 1999).]

[Gladiator]

USA TODAY
Wednesday October 13, 1999

Safety suffers as US airlines pair with foreign carriers

Fliers who purchase an American Airlines ticket to Honduras or Costa Rica don't always fly on American planes. Instead, some are carried part way on foreign airlines with safety records so shaky that Department of defense almost never lets employees fly with them.

Likewise, passengers with United tickets to Southeast Asia often end up flying on Thai Airways, unaware that the airline has about 10 times the accident rate of United.

Such safety gaps aren't new, but they're expanding and just as the Department of Transportation's inspector general is warning that they're underscrutinized. They arise where U.S. carriers sell tickets for 100-odd routes worlwide that are serviced by their foreign partners. The arrangements, used by about a dozen U.S. airlines, fly in the face of passengers' expectations that by buying a U.S. airline ticket, they're getting U.S. style safety.

While U.S. airlines do disclose these arrangements, their marketing implies the safety is seamless. Yet that's not always the case.

The Federal Aviation Administration historically has resisted monitoring the safety of foreign carriers, saying it doesn't have the legal authority to do so. And where the FAA does review these partnership arrangements, it doesn't give safety considerations top priority, a recent report by inspector general says.

As a result, U.S. carriers have partnered with airlines with poor safety records. Delta, American, United, Northwest, Continental have partnered with airlines from China, Kenya and the others -- countries whose basic aviation safety the FAA has not yet assessed.

And Delta and American backtracked this year on partnership with Korean Airlines and Taiwan's China Airlines, carriers with 20 crashes and 699 deaths this decade. Delta said safety concerns prompted its decision.

The uncertainty over safety takes on added significance this year because some partner countries lack inadequate Y2K preparedness. Passengers who plan to buy a Continental ticket to Czechoslovakia, around New Year's, for example, may fly Czech Airlines. Yet the DOT says it doesn't know when Czech aviation's potential Y2K problems will be fixed.

To bridge the domestic-foreign safety gap, the inspector general says the FAA should monitor the safety of U.S. airlines' partners. As a reform model, it recommends a successful program set up by the Defense Department, which asks U.S. carriers for internal audits of their foreign partners' safety.

The Defense Department uses the safety information when buying 200,000 tickets a year on foreign planes. Additionally, it rules out almost all flights on the airlines of countries the FAA rates as falling below international safety standards, such as Honduras and Costa Rica. The result is that U.S. firms have bought tickets for their staff based on Department of Defense assessments.

Under pressure from the inspector general, the FAA finally has agreed that stepped-up monitoring is possible. But the agency is already hedging on when. Added oversight won't be fully in place by the very reasonable New Year's deadline recommended by the inspector general.

At the very least, the FAA owes fliers a dependable deadline for receiving safety information about their foreign flights. What fliers don't need are more FAA foot dragging and excuses.

Accident-prone

Rate of accident in which entire passenger planes were destroyed, 1989-1998

Sources: Boeing Co.; Inspector general, Department of Transportation.

Destructive accidents per million departures.

Oceania 0.3
USA & Canada 0.5
Europe 0.7
Middle East 2.1
Asia (excluding China) 2.2
China 2.6
Latin America & Caribbean 3.9
Africa 8.3

[Gladiator]

USA TODAY
Wednesday October 13, 1999

FAA also plans audit program for foreign airlines.

Continuing to improve the safety of the flying is the top priority of the Federal Aviation Administration.

Americans enjoy the safest aviation system in the world, but we can do more. U.S. citizens should be able to board a flight bound for any where in the world, at any time, and feel confident about safety of that flight.

To provide travelers with important information, the FAA has been sending, for almost a decade, inspection teams to various countries. This is to ensure that their governments perform safety inspections of their carriers that fly to and from the U.S. These accessments have been made public at the Web site www.faa.gov/avr/iasa and published by the state department.

Additionally, the International Civil Aviation Organization, the "United Nations" of aviation, which sets safety standards worldwide, will assess all countries by 2001.

With the growth of code sharing since 1990, the Department of Transportation has always been mindful of the safety implications. We agree that additional scrutiny is necessary. U.S. carriers can provide additional information by auditing their proposed foreign partner to make sure they meet requisite standards.

Our carriers already have begun performing such audits as part of a program launched this year by the Department of Defence and the Air Transport Association. The FAA and the Defense Department are building on these efforts by incorporating an audit program and increased public educational awareness into the formal code sharing process.

Similarly, the U.S. is providing information on the status of Y2K compliance for foreign destinations on a country-by-country basis. With this information, available at the web site www.fly2k.dot.gov, passemgers can make informed travel plans for Jan 1, 2000 and beyond. Y2K is not expected to be a safety issue for aviation, as worldwide standards require contingency plans to ensure aircraft safety.

All of these efforts will improve the levels of aviation safety and security and give passengers a sense of confidence and a stronger awareness of safety matters as they depart for foreign destinations.

[Birdie]

Wow Gladiator,
that's a lot of effort. I wouldn't want to start a "discussion" with you,I would be worn out. And to think I once bothered to reply to your postings.

[Seaman Staines]

Gladis,
My only daughter is booked on SIA in Dec. for a longhaul flt.
If I thought for one nano second that SIA was an unsafe airline.........
I always remember the reply I got from a Skippy captain when asked about their safety record,
"I value my life more than the PAX"
I've had the same reply from the SIA captains that I know.
That'll do me mate!