Article 39(b) provides us that a person holding a license but does not satisfy in full the criteria or conditions laid down in the international standard relating to the class of license or certificate that he holds shall have endorsed on or attached to his license mentioning the complete enumeration of the particulars in which he does not satisfy such conditions. But, there are not provision under Article 39(b) to endorsing the over criteria or extra quality in his license.
As a result if Article 38 has to be complied with regardless of the nature of the difference, and the State legislation is more demanding than the equivalent SARP, this difference does not endorsed on a flight crew license in accordance with Article 39 (b). Q- C) Does Article 40 have to apply at all times? Article-40 tells us that about the Validity of endorsed certificates and licenses. It is clearly written that, on aircraft or personnel having certificates or licenses so endorsed shall participate in international navigation.
Exception allowed with the permission of the State or States whose territory is entered. 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 that State into which the aircraft or part is imported. In Abdul-Hussain and Others (1999), the appellants had sought to rely on the defense of duress of circumstance in answer to a charge of hijacking contrary to section 1(1) of the Aviation Security Act-1982. The Applets were Shiite Muslim from southern Iraq, who had fled to Sudan.
They were over stayers in Sudan and feared being arrested and return to Iraq where they expected to be tortured and executed. To avoid this eventuality they hijacked a Plane at Khartoum Airport and forced a Pilot to fly to London where they sought Political Asylum. Court of Apple quashed their Conviction. In this case there were enough scope to apply Article-40 of Chicago Convention, but not at all applied. But all time the Article-40 is not applicable. I think it may be applicable in accordance with the situation that demands. Such a situation of 11th September, it demands to apply Article-40.
At the same hijacking of Iraqi Aircraft and landing in US may not apply Article-40. It also ought not to apply Article-40 in natural calamities such as bad weather or Tsunami rescue initiative. The context of the International Civil Aviation Organization (ICAO) universal safety audit programme, that audit of civil aviation regulation in the United Kingdom took place in July 2000. The findings were generally positive. In the area of general aviation (i. e. non-public transport flying) many Standards and Recommended Practices (SARPs) contained in the relevant annexes to the Chicago Convention may not been implemented.
In this Context, ICAO recommended that the UK should take steps to amend the legislation instead of notifying differences. UK policy with regard to the contents of ICAO annexes is that all Standards where appropriate; Recommended Practices will be reflected in national legislation and requirements. The non-compliances with the SARPs concern operational and equipment requirements not currently prescribed in the Air Navigation. The civil aviation legislation should be amended to remove areas of non-compliance with internationally accepted standards contained in the ICAO annexes applicable for the General Aviation operations.
This Most important proposal involves amendment to Article 40, 41, 43, 45, 62, 129 and Schedule 4 and 5 of the Air Navigation Order d) If you argue for changes, prepare draft amendments to the relevant Articles of the Convention. Yes, I argue for Changes in Articles of Chicago Convention of ICAO. The Chicago Convention was under reality of the year 1944. A long time, more then a half-century has changed the national & international politics, technological development and changes in life style. So I must think Articles of Chicago Convention required change as time demand.
Modification must be in accordance with European Union & European Convention of Human Rights. Articles 39 and 40 of the Convention are also relevant to the age limit of pilots-in-command engaged in commercial air transport operations. As they authorize international flights by flight crew those who do not meet all international licensing Standards or provided that an authorization is given by each State into which the aircraft is operated. In practice, it means that if a pilot in command is under the age specified in paragraph 2. 1. 10.
1 (60 years at present and 65 from November 2006) he/ or she cannot be prevented by reason of age from operating into any ICAO Contracting State. For further instance, once he has reached the specified age, that one may still operate as PIC, subject to certain conditions: 1. His/her national Licensing Authority permits it 2. Operations are undertaken only in national airspace untill and unless, 3. Another State has given specific authorization that such flights are permitted in its airspace. A State may wish to impose a lower maximum age limit than that specified by ICAO in 2.
1. 10. 1. It may do this for the licenses it issues, but, as stated above, it cannot prevent an aircraft operated by a PIC holding a licence from another State, who is below the ICAO upper limit, from operating in its airspace. For co-pilots, since paragraph 2. 1. 10. 2 is a Recommendation, not at all a Standard, the upper age limit is set by the national Licensing Authority which can choose to impose any national age limit on the licenses it issues, as there are no international restrictions based on age for co-pilots.
Here I shall argue to amend Article-39 (b) and the Draft Amendment is as follows- Draft Amendment on Article-39 (b) of Chicago Convention of ICAO Existing Article 39(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 Limitations: The article addresed to endorse the disqualifications in the licence,
but no option for endorsing over qualification then the standard. There is also no provition for penilizing for disqualificatio. Suggested Amendment: a) Any person holding license, there should be provision of endorsed or attached the complete enumeration of every particulars in which he satisfy or does not satisfy. b) For particular number of unsuccesfull attemps( 3 to 5 attemps), license should be withheld and sent Apprentice. c) For succesful attemps, license category should be upgreaded d) Nationality, race or color may not influence the whole process.
e) Providing training for the recommended under Article 39 Conclution The objectivesICAO states that the aims and objectives of ICAO are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport. ICAO is composed of an Assembly, composed of representatives from all contracting States. The Assembly normally meets every 3 years, votes a triennial budget, and sets the work program for the next triennium. The governing body composed of 33 States, elected by the Assembly for three-year terms.
(The U. S. has always been elected to the Council. ) The Council establishes Standards and Recommended ICAO, the International Civil Aviation Organization and is one of the specialized agencies of the United Nations has plaiyed its vital global role for safety of and development of standards for international civil aviation. In the todays global aviation environment, its important to keep in mind that the rights and obligations all countries throughout the world have agreed to observe in matters of civil aviation and ICAO defines rights.
I have designed this document to present general overview information on ICAO Atricles as 38, 39& 40 and its relevance to our Tropics. There are differnce on how the United States meets ICAOs standards related to aircraft airworthiness is also provided. The purpose of this document is to assist the personnel to understand ICAO act extraterritorially in a manner that might infringe on the rights of another ICAO contracting state.
Referance : 1) Crimila Law , Michel J Alen , 7th Edition 2003. 2) Web: http://www. caa. co. uk/ 3. Web : http://www. icao. int.