Sample Aviation Paper on Safety management SARPs

  1. When a new SARP is adopted by the ICAO, is the FAA obligated to enforce it?

The FAA is not obligated to enforce the recommended practices, guidelines and regulations given by a new SARP. Safety management SARPs are adopted by the ICAO to help countries in the management of risks associated with aviation. They are just guidelines and recommendation which the countries should follow but not obligations. It encourages its member states to follow its guidelines. In this case, if the FAA decides to make any changes and amendments to the ones outlined by the ICAO, it should fully notify the ICAO and give a reason as to why those changes are necessary in improving the aviation safety and management. Compliance to any SARP remains the building blocks on which a State forms it safety programs.

May the ICAO enforce it over international waters?

Yes, the ICAO as an international body may enforce the SARPs on international waters that are not any country’s territory. However, if the pilot or the aircraft belongs to the United State, the FAA regulations should also be complied by the pilot. ICAO only provides guidelines and regulations in safety management.

  • May an aircraft depart Country A, overfly Country B, and land in Country C without any form of international agreement between Country A and the other two countries?

 According to the Freedom of air rights agreed by member states, country A may overfly` country B and land in country C but this only occurs if the three countries have a signed a Convention on International Civil Aviation. According to freedom of air agreements, a member country is granted the freedom to overfly a country to enroute another country prior to a notification by the county.

Apart from the freedom of air rights, bilateral and multilateral agreement can grant an aircraft to overfly the territory of the other country in agreement with.

Other than these circumstances, an aircraft from country A, cannot overfly country B and land on country C without an agreement between them.

  • A passenger is injured on an international flight and suffers $10,000 in medical expenses. The airline was not negligent. Under the Montreal Convention, is the airline obligated to reimburse the passenger for the $10,000 in medical expenses?

The airline is obligated to the damages. The Montreal Convention provides that an airline is liable to personal injury and damages of an amount up to $135,000. Since $10,000 is within this range, the airline is obligated to reimburse the passenger the money for medical expenses. Given that the airline was not negligent, the passenger is limited to request for any additional damage cost caused by the injury. If that was not case, the airline is proven to have with negligence, the passenger could request for additional damage cost without being limited.

  • An American passenger is injured on an international flight from Los Angeles to Tokyo. At the time of injury, the aircraft was located in Japanese airspace. In which country or countries may the passenger file suit?

Under theMontreal Convention provisions, a passenger can file a suit against the airline due to an injury in their home country. The passenger will file the suit in the United States. Even if this injury occurred in Japanese airspace, the passenger will have to file it from United States